The Interpretation of Umbrella Clause in Investment Treaties Essay

The Interpretation of Umbrella Clause in Investment Treaties - Essay Example However, umbrella clause has been widely debated in academic discussions and arbitral practices during the recent years4. Commentators have illustrated the argument in terms of interpretation the umbrella clause in investment treaties that derived from different tribunals in order to know whether breaching contractual obligations amount to violating treaty obligations. Within the context of this argument, tribunals will be able to know if they have the jurisdiction to hear claims arising from an alleged investment contract breach. This essay aims to analyse the interpretation of umbrella clause in investment treaties. In the subsequent part of this paper first, the definition of umbrella clause has been provided according to some commentators, and different formulations of the umbrella terms have also been included in the part. Subsequent to that, the background of umbrella clause is accounted for. ... 1. Definition of Umbrella Clause Some authors and commentators tried during the last decade to explain the meaning of umbrella clause. Dolzer and Schreuer represented it as â€Å"a provision in an investment protection treaty that guarantees the observation of obligations assumed by the host state vis-a-vis the investor†.5 Moreover, Gallagher and Shan introduced the umbrella clause by revealing that the clause is taken its name from its main objective namely in order to â€Å"oblige the host state to observe any commitments it has entered into with regard to foreign investors†.6 Some also assume that the umbrella clause could be extended to beyond what it created for, as F.A. Mann stated that the umbrella clause â€Å"is a provision of particular importance in that it protects the investor against any interference with his contractual rights, whether it results from a mere breach of contract or legislative or administrative act†.7 As a matter of fact, umbrella cl ause is also known as ‘mirror effect’, ‘pacta sunt servanda clause’, ‘parallel effect’, ‘elevator’, ‘respect clause’ and ‘sanctity of contract’. Yet, the limit of subject matter rationale materiae jurisdiction does not remain uniform under the BITs.8 Some BITs encompass disputes pertaining to an ‘obligation under the agreement’ only for claims of violations of BIT. Other BITs extend the jurisdiction to ‘any dispute relating to investments’. Some others construct an international law obligation that a host state shall, for instance, ‘constantly guarantee the observance of the commitments it has entered to’; ‘observe any obligation it has assumed’, in respect to investments.9 Thus, a breach of such an obligation may consist of

The Middle Ages Essay Example for Free

The Middle Ages Essay The Middle Ages was an era that could be described several different ways. Like all spans of time they had their downfalls, victories, different views of faith, and different forms of government. The Middle Ages span from 500 to 1500 in Europe. This is a very extensive period of time, and it is difficult to label it with one name. So many different events and themes took place. Nevertheless, the labels that best describe this era would have to be The Dark Ages, The Age of Feudalism, and The Age of Faith. The Middle Ages could be referred to as the Dark Ages for several reasons. In this time period there were a lot of wars and raids taking place, especially Viking raids. â€Å"846 According to their custom the Northmen plundered†¦ and burned the town of Dordrecht†¦ the Northmen, with their boats filled with immense booty, including both men and goods, returned to their own country†¦.† (Doc.3). Often times there was nothing that people could do to prevent these raids because they happened so quickly. The Vikings were not at all like the people they were used to fighting for the object of land. The Vikings only wanted money and prisoners, and that made them harder to stop. There were also barbarians like The Moors, and The Hungarians who brought terror with them wherever they wandered. â€Å"They burned down the churches and then departed with a crowd of captives†¦ there is no longer any trade, only unceasing terror†¦.† (Doc. 1). Some people would say that you should focus on the accomplishments of the era, and not on the negative. There is just so much negative that it tends to outshine the positive. This document tries to show you the side of the Middle Ages, â€Å"It flourished in the midst of rude surroundings, fierce passions, and material ambitions†¦Ã¢â‚¬  (Doc. 7). The era did continue amidst these things, but that does not make it a good age to live in. It makes it a dark age just because of its rude surroundings, and fierce passions. Feudalism was the social system in Europe in the Middle Ages. Nobility would hold land from the Crown and in return offer military service. â€Å"I will aid the count of Champagne in my own person, and I will send to the countess of Champagne the knights whose service I owe to them  for the fief which I hold of them†¦.† (Doc. 2). This age could be named The Age of Feudalism because it was the dominant social structure of the time period. This is also the only age when we really see Feudalism play a strong role in society. To understand the structure of it more completely take a look at the next document. â€Å"Vassal to Lord -Loyalty –Military Service –Ransom, if needed; Lord to Vassal -Protection –Land (fief)† (Doc. 4). The vassal was the name that was given to the person who was granted the land. Feudalism was a major part of everyday life for people who lived in Europe during The Middle Ages. The Catholic Church had a lot of power in all aspects of life in this era. The Pope even had the power to ask people to fight for God, and they would do just that. In this document Pope Urban 11 is calling for a crusade or holy war to recapture the Holy Land. â€Å"Your brethren who live in the [Middle] East are in urgent need of your help†¦.† â€Å"All who die by the way, whether by land or sea, or in the battle against the pagans, shall have immediate remission of sins† (Doc. 9). Many people heard this and obeyed risking their lives for the church. The power the church had was even visible as you can tell from Document 10 which is a picture of a Gothic cathedral. It’s standing high above the people, and even above the buildings surrounding it. More examples of what people would do for the church come from documents 5 and 8. Document 5 is a Church council calling for the observance of the Truce of God. â€Å"†¦so that no one may commit murder, arson, robbery, or assault, no one may injure another with a sword, club, or any other kind of weapon†¦.† (Doc. 5). This showed the Church’s power to even make laws that people would obey. Document 8 is adapted from the fourteenth-century monastic vows of Brother Gerard. The document show what some people would give up to be a monk in the Church. â€Å"I hereby renounce my parents, my brothers and relatives, my friends, my possessions†¦and the vain and empty glory and pleasure of this world. I also renounce my own will, for the will of God† (Doc. 8). This is why the title The Age of Faith belongs to The Middle Ages. An additional document would be helpful to make this essay better. If I had been given a document on the serfs lives I could’ve used it for The Dark Ages, and the Age of Feudalism. The Middle Ages are a very interesting time period to write about due to the many different aspects of the period that come to play. Even though it was such a dark time there are always some bright things in the dark. For this  time period it was the Church, and the inventions and knowledge that were gained. The labels The Dark Ages, the Age of Feudalism, and the Age of Faith are truly the best ways to describe The Middle Ages.

Ultrafiltration Process :: ultrafiltration nanofibrous membranes

What exactly do we mean by Ultrafiltration, and for what processes can it be used? Ultrafiltration is a process by which one uses a pressure-driven process utilizing a specific-sized membrane to separate macromolecular weights of a solution, allowing the transfer of the low molecular weight (permeate). Ultrafiltration is exclusively defined by the pore size range (0.1 – 0.001 microns) (Dhawan). Ultrafiltration is used in a wide array of applications, such as food and beverage, chemical, pharmaceutical, medical, drinking water, wastewater and etc. This research review will focus on industrial applications, and transport processes that make ultrafiltration unique, as well as the industry standard for separation. The rapid development of ultrafiltration for industrial processes is possible by the advent of anisotropic, high-flux membranes capable of distinguishing among molecular sizes of 10 A to 10  µ size ranges (Porter, 1972). The high molecular solute which flows through, but does not pass through the membrane is released as retentate (concentrate). The solution that passes through the membrane is known as permeate, which is shown Figure 1. This figure demonstrates the basic structure of a hollow membrane where the feed of the material you want to separate enters, and where the permeate (ultrafiltrate), and retentate exits. In different industrial processes one may want to retain the permeate, retentate, or combination of both. Mass Balance, Momentum Balance and Flux Figure 1: Flows and fluxes in a hollow fiber for ultrafiltration (Yeh, 2009) Let us take a closer look at what drives ultrafiltration from a mathematical point of view. In Figure 1, the feed solution is being driven by a volumetric flow rate (qi/Ni), pressure (∆Pi), and concentration (Ci). This feed solution produces a mass balance which results in the flux (J) vs fiber (dz): (Yeh, 2009) The momentum balance must be accounted for also: (Yeh, 2009) It can be presumed that the volumetric flow rate will be reduced similarly to the Hagen–Poiseuille equation, due to the laminar flow within the tube in Yeh, H. experiment in 2009, he takes into account convection as well as mass, and momentum balance: (Yeh, 2009) Equation 3 assumes that the volumetric flow rate is relatively large compared to that of the permeation rate. This occurs mainly in an exponential model along the membrane tube. This model simply states that when working with a pressure-drive ultrafiltration process, as pressure is increased, a ceiling (limiting) flux will occur regardless of increasing the pressure. We know that the relationship between membrane pressure (∆Ï ) and the permeate flux leads us to the following conclusion (Yeh, 2009).

Commentary on Turning point in Othello

The passage in Act 3, Scene III of Shakespeare's Othello, where Othello cracks down on Iago and demands proof from him of Desdemona's unfaithfulness, is the turning point of the play. Iago has Othello in the palm of his hand, and has Othello's entire fate planned out. He has done this by making him think that Desdemona is cheating on him with Cassio. In this scene, Shakespeare employs the use of three literary devices to construct the scene as a turning point and push the play forward. Firstly, the use of metaphors are essentially to provide the atmosphere of the scene. Then, Shakespeare uses dramatic irony to foreshadow what Iago is going to do. Finally, the setting is used to position and set up the scene as the turning point where Othello's tragic flaw will be exposed. All of this helps to achieve the purpose of showing how this is the turning point in the play. The first literary device used is vile metaphors. Othello, who is the one who talks the most during this passage and uses very contemptible language, which is quite different to how people talk before this point. Othello's harsh language serves to heighten the tension in the atmosphere. In addition, it demonstrates the decay of Othello's character by the theme of jealousy and its power. The first place in the passage where Othello demonstrates this is near the beginning of the passage by saying, â€Å"Thou hast set me on the rack. † Othello's metaphor between his torture and medieval torture shows not only the seriousness of the situation, but that his character would refer to such heinous instruments. Furthermore, Othello blatantly threatens Iago when he says, â€Å"Thou hadst been better have been born a dog/ Than answer my waked wrath! This language would be unbecoming of a gentleman, during Shakespeare's time, thus it demonstrates that Othello's character has degraded completely because of the jealousy planted by Iago. The second literary device used by Shakespeare is that of dramatic irony. However, it is in its most extreme form. This is shown in the passage when Othello tells Iago, â€Å"Villain, be sure thou prove my love a whore! / Be sure of it. G ive me the ocular proof. † Here Othello is demanding Iago to prove that Desdemona unfaithful with visual evidence. The ocular proof is Othello's entire basis for killing Desdemona, and the proof is coming from Iago, thus putting him in control of Othello's fate. The handkerchief is the ocular proof that Iago produces in order prove Desdemona a cheater and a liar. This makes the passage a turning point in the play when Iago gains total control over Othello, while Othello doesn't realize he's being played, and will only after the plan is complete. Finally, the third literary device used is setting. The passage is in the middle of Act 3, which would place it close or right on top of the climax, for a standard 5-part play. At the beginning of the scene, Cassio was talking to Desdemona about getting reinstated, and with Iago's help Othello misinterprets it and thinks that Cassio is sneaking around behind his back. This shows that Iago has started to mold Othello into a jealous monster that will eventually lead to his downfall. This scene is the turning point because Iago has had the opportunity to have Othello see Cassio in Othello's bedroom, talking to Othello's wife, while whispering like a snake to him, that perhaps there's something more between Desdemona and Cassio than meets the eye. In conclusion, these three literary devices, metaphors, dramatic irony, and setting allow the scene to ascertain itself as being the turning point of the play. Othello has the seeds of jealousy planted within him now, and Iago is gulling both Othello and Roderigo. The effect on the audience is that they feel Othello's emotions and can see the complete degradation of Othello's character, allowing the audience to get in the mood for the downfall of Othello.

Product Analysis on Gillettes’s Razors

Gillette is leading worldwide home applicants, such as razor, battery, electronic and manual toothbrush, manufacturing company. On April 14, 1998, the company introduced the world†s first triple blades razor and begun to sell July 1, 1998 in the United States and September in the Western Europe. Since Gillette launched new razor in 1998, the company expected high returns in short-term; however, the result of the new product has been defined yet. The areas of the internal factors are Finance, Management, Manufacturing, Market position, Personnel, and Research & Development. All these factors can be defined as either strengths or weakness or both. First of all, the company as a whole gained net sales amount of 10. 1 billion dollars and net income of 1. 4 billion dollars for the 1997 due to acquire leading battery company â€Å"Duracel† in 1996 and grow of â€Å"Sensor Excel† razor. As a result, company could spend 1 billion dollars to invent â€Å"Mach 3† which is triple blades razor. Even though Gillette had sufficient fund to invent the new product, the company took high risk of financial side that if the new product†s sale does not reach to company†s expectation, the company will face shortage of capital resources and can be lead to bankruptcy. But if Mach3 turn out to be a New Coke or McDonald†s Arch Deluxe – much-hyped new products that were mostly duds and fizzle- the gloom will be heavy from Gillette†s corporate headquarters in Boston†s Back Bay to the South Boston factory that Gillette has overhauled to produce 600 million Mach3 blade cartridges per year, or about half of Gillette†s annual target of 1. billion Mach3 blades. (Boston Globe, 4/15/98) Since Gillette introduced â€Å"Mach3† in April, the company changed its manufacturing tools to produce Mach3 South Boston's factory. Gillette already spent 300 million dollars for advertising and promotion worldwide for the year that company introduced new product. The amount is twice as much as the company put for advertising â€Å"Sensor Excel† in 1989. Gillette released the new product to retail stores on July 1, 1998, and starts to advertise on TV and the other media six weeks later; however, many people went to the company's web site to look at the new product. Even though company spent tremendous amount of fund for the advertising, some people from Asia did not recognize the product according to our group's survey. For customers, there are satisfaction and complaints for Mach3. People, who satisfied with Mach3 according to our survey, said there are less irritation and faster shaving time. Customers who complaint about Mach3 argue that they do not want to spend more money on better outlook. According to our survey, one hundred percent of surveyees, who does not satisfy with Mach3, say the price is too high for the product. Price is relatively higher than other products including â€Å"Sensor Excel† which was the most expensive one before â€Å"Mach3†³ came out. Its price is 6. 99 dollars per razor with one blade included – currently, the company is selling for 7. 29 dollars per Mach3. It is 4 percents increased from original price, and 40 percents higher price than other products. This may lead to decrease in sales and the company†s total revenue. The company is trying to reach customers several different ways. Gillette offers Mach3 package product, which included Mach3 itself and couple of extra razors, Shaving cream and deodorant. This package product makes each items† unit price lower than sell separately. Also, the company offers sweepstakes on the company's web site, and there is no obligation. This is the one of the finest ways to reach and get involve the customers. The company give chance to people to win prize without any obligation; however, people will recognize the product automatically. Also, Gillette can acquire the Since Gillette is well-known global company, many retail stores are not offended to carry the company's product even though the product's price is high. Retail stores are assume that Mach3 will bring more customers. On the other hand, even more customers come to store, it is unpredictable for increasing store†s sales revenue because price is too high so that consumers would not buy. External factors are Competitive, Economic, and Social. Gillette†s major rival in the market is Shick. Since Gillette is the first company produce triple blades razor, the company will lead the market; however, rival company such as Shick will develop the same product with higher quality or lower price. Then the result will be unforeseen unless Gillette improve Mach3†³s weakness – â€Å"high price†. For long time in the United States, people†s income has been growing. As a result, customers purchasing power also increased. However, the company†s market is not only the United States but also overseas, in fact, over sixty percents of sales are made from overseas. Consequently, the company has to consider the facts that poor countries† consumers are willing to use cheaper product; especially the countries in economic crisis. There are 3 target groups in the market. The first group is disposal razor users that it's approximately more than half of the market. The advantages of this group are cleaner, cheaper and easy to use. On the other hand, it is less quality than other two razors. The second group is regular razor such as Mach3 about 40 percents. The last group is electronic shaver users which it takes remaining market share. The customers who use the electronic shaver satisfied with high technology, easy to use, saving time and safety compare to the other two products. The disadvantages of this product are high price and less cleanness when one shaves. The goal of Gillette is trying to acquire customers who use disposal and electronic shaver to Mach3. In order to persuade the customers to change to Mach3, the company should beat other product's weaknesses and add the improved the weakness of the other product to Mach3 and decreases of its weakness. Mach3 has several strengths; the first impression is fancy outlook that makes customers feel differentiated from other products. Second of all, men are challengers, always pursue new trend; especially on the tangible items with high technology. Although Mach3 has several strengths, it also has weaknesses. High price makes people think twice to purchase Mach3; the older generation of the Gillette razor is cheaper than Mach3, that makes people wonder if it is necessary to spend more money on the Mach3. The key purpose for Mach3 is to shave beard, but the older generation is also doing same job as Mach3; that makes no different between older and newer product. The next weakness is the advertisement. Gillette has spent 300 million dollars on the advertisement, but we did the survey with at least thirty people; 22 out of 30 surveyees know the brand from Television and magazine, but they have never uses it. This means the advertisement has preached the good news, but it has not reach people's life. The majority of men do not know why they should spend more money to buy same result. The marketing strategy did not fail the sale of the Mach3, it is price controller. The main point of the marketing is to opening a market for product. Since 73% of the men from the survey know the product, this mean the marketing strategy succeed its intention. The biggest mistake we found is the price. As I mentioned, â€Å"the majority of men do not know why they should spend more money to buy same result†. I would recommend to the company, to lower the price and match the same price as older generation. Let public buys Mach3 as the same price as older generation, allow public to try out differences between Mach3 and older generation. After when market demand of the Mach3 is higher than older generation, then increases its price.

The Things They Carried Book Report

The Things They Carried Book Report Free Online Research Papers I read a book called â€Å"The Things They Carried† by a man named Tim O’Brien. In this book O’Brien wanted to show his readers about his past war times and what him and his platoon had to endure day after day. He wanted the readers to understand that war is much different than just being out killing people. His main goal was to express the hardship he endured and the guilt he receives even after doing something right. In the book O’Brien would explain how everyday he would have to carry his weapon, Pictures of family, water, food, medical supplies, knives and many other things. Not only would he and his platoon have to carry all of their equipment, but also they would have to walk miles on end while they carry it. His platoon changed their schedule to avoid detection. They would move only at night and during the day rest. When someone goes to war its not all about ‘go over there and kill everyone so we can win’. Our troops kill only if their life is in danger. After each kill the soldier has to endure guilt. Not all soldiers are like that. Some change as O’Brien explains in this book. After a soldier kills a few he becomes immune to the guilt and treats the dead just as if they were alive. O’Brien explains that all the men in his platoon would go to the dead and shake their hand and talk to them. He was new to this whole war thing at the time and was disgusted in seeing them treat the men/women with such disrespect. A soldier’s job is to obey his commands, to protect himself and his country; if the only way he can accomplish that is to kill he will. Killing to survive and save others lives in our world’s eyes is right but to a soldier its way different. It’s different because the kill is on his back and not ours. He will never be able to forget his first kill. His whole life he will have to live with this false guilt. This is why we need to support our troops. Research Papers on "The Things They Carried" Book ReportCapital PunishmentHarry Potter and the Deathly Hallows EssayThe Hockey GameArguments for Physician-Assisted Suicide (PAS)Book Review on The Autobiography of Malcolm XTrailblazing by Eric AndersonEffects of Television Violence on Children19 Century Society: A Deeply Divided EraGenetic EngineeringQuebec and Canada

Feast Symbolism in the Odyssey Essays

Feast Symbolism in the Odyssey Essays Feast Symbolism in the Odyssey Paper Feast Symbolism in the Odyssey Paper Essay Topic: The Odyssey Symbolism in Book III and IV Odyssey One of the noticeable symbols in these two books is the presence of food gatherings and feasts. Organized celebrations are a part of social culture during ancient times. The motives of celebrations are usually various, weddings, triumph and returns from wars. Gertrude Jobes (Dictionary of Mythology, Folklore and Symbolism) describes feast as anything affording enjoyment to the body or spirit, special festivities were organized for the poor people, sometimes the guests were taken care of in a peculiar way, washed, perfumed, amused by story-telling. A general definition of a feast is a banquet of a more or less public nature, an elaborate and abundant repast, especially one commemorating some event or person (1961). Banquets often show the wealth of the family by the catering and the amount of food offered. Offering luxurious food, and entertainment by poets and musicians ensures good reputation among the province. Throwing a feast for a guest is a common role of hospitality, and a method to please the guests. However in the Odyssey hunger and the consumption of luxury food connotes a negative association. These represent lack of discipline or submission to temptation. Hungry men that travel with Odysseus are constantly tested their resistance of falling into the temptation, and the willing of escape. In Book III, the suitors, are continuously eating. These banquets help the reader emphasis on the human relationships, union of people, sharing of food passing the gold cup with wine and themes such as love, hate, religion, war, disloyalty, etc. :