preliminary remark
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2020 ◽  
Vol 114 ◽  
pp. 210-215
Author(s):  
Charles C. Jalloh

As a preliminary remark, our starting point must be to recognize that, up until now, international criminal law has relied on what M.C. Bassiouni called “direct enforcement” by international criminal courts and “indirect enforcement” by national courts. The middle ground between the two extremes has been the use of “hybrid” courts such as the Special Court for Sierra Leone (SCSL). The SCSL married the domestic with the international, in an effort to combine the best of the international and national in order to advance accountability for serious international crimes.


2018 ◽  
Vol 4 (5-6) ◽  
pp. 306-327
Author(s):  
Savio R Sordi ◽  
Tatiana De Almeida F R Cardoso Squeff

The present article analyzes the introduction of arbitration as an alternative method of conflict resolution within the Brazilian legal context. In this sense, after a preliminary remark on the origins and concept of arbitration, this text focuses on the construction of the institute of arbitration within Brazilian legal framework. Thus, the aspects regarding the enactment of Law No. 9.307/96 are examined, especially concerning the requisites for the establishment of an effective arbitral convention. Finally, the structure of the law in regard to pre-arbitration facts, such as parties’ autonomy and the choice of applicable laws, and the arbitration per se as to the execution of the clause and the aspects concerning the delivery of the award are studied. As a result, the importance of the introduction of such Law it is noticed, as it deeply changed Brazil’s legal framework regarding the arbitral convention, making a more palpable and viable method of solving disputes nowadays. 


2018 ◽  
Vol 4 (5-6) ◽  
pp. 306-327
Author(s):  
Savio R Sordi ◽  
Tatiana De Almeida F R Cardoso Squeff

The present article analyzes the introduction of arbitration as an alternative method of conflict resolution within the Brazilian legal context. In this sense, after a preliminary remark on the origins and concept of arbitration, this text focuses on the construction of the institute of arbitration within Brazilian legal framework. Thus, the aspects regarding the enactment of Law No. 9.307/96 are examined, especially concerning the requisites for the establishment of an effective arbitral convention. Finally, the structure of the law in regard to pre-arbitration facts, such as parties’ autonomy and the choice of applicable laws, and the arbitration per se as to the execution of the clause and the aspects concerning the delivery of the award are studied. As a result, the importance of the introduction of such Law it is noticed, as it deeply changed Brazil’s legal framework regarding the arbitral convention, making a more palpable and viable method of solving disputes nowadays. 


2018 ◽  
Vol 4 (5-6) ◽  
pp. 306-327
Author(s):  
Savio R Sordi ◽  
Tatiana De Almeida F R Cardoso Squeff

The present article analyzes the introduction of arbitration as an alternative method of conflict resolution within the Brazilian legal context. In this sense, after a preliminary remark on the origins and concept of arbitration, this text focuses on the construction of the institute of arbitration within Brazilian legal framework. Thus, the aspects regarding the enactment of Law No. 9.307/96 are examined, especially concerning the requisites for the establishment of an effective arbitral convention. Finally, the structure of the law in regard to pre-arbitration facts, such as parties’ autonomy and the choice of applicable laws, and the arbitration per se as to the execution of the clause and the aspects concerning the delivery of the award are studied. As a result, the importance of the introduction of such Law it is noticed, as it deeply changed Brazil’s legal framework regarding the arbitral convention, making a more palpable and viable method of solving disputes nowadays. 


2017 ◽  
Vol 4 (5-6) ◽  
pp. 306-327
Author(s):  
Savio R Sordi ◽  
Tatiana De Almeida F R Cardoso Squeff

The present article analyzes the introduction of arbitration as an alternative method of conflict resolution within the Brazilian legal context. In this sense, after a preliminary remark on the origins and concept of arbitration, this text focuses on the construction of the institute of arbitration within Brazilian legal framework. Thus, the aspects regarding the enactment of Law No. 9.307/96 are examined, especially concerning the requisites for the establishment of an effective arbitral convention. Finally, the structure of the law in regard to pre-arbitration facts, such as parties’ autonomy and the choice of applicable laws, and the arbitration per se as to the execution of the clause and the aspects concerning the delivery of the award are studied. As a result, the importance of the introduction of such Law it is noticed, as it deeply changed Brazil’s legal framework regarding the arbitral convention, making a more palpable and viable method of solving disputes nowadays. 


Author(s):  
Asep Nahrul Musadad

AbstrakOne of the determinant factors in the process of Islamization of the archipelago is the intersection between Islamic teachings and local wisdom. The encounter of the two has apparently brought an esoteric way. In this case, the Islamic esoteric teaching namely Sufism has become important. However, there was another esoteric element which also has a main role in the process, namely the mystical insight as to the result of the synthesis of the Islamic esoteric teaching and the indigenous mystical tradition. Using the ethnographic approach, this article aims to provide a preliminary remark on the intersection between Islam and local mystic tradition as represented by pananyaan and ahli hikmah in Sundanese people, especially in Tasikmalaya, as the reference. He is regarded as the learned man a place for someone to ask, especially related to the world of unseen.


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