Template-Type: ReDIF-Paper 1.0 Author-Name: Graeme Auton Author-Name-First: Graeme Author-Name-Last: Auton Author-Email: graeme_auton@redlands.edu Author-Workplace-Name: University of Redlands Title: Nationalism, Populism, Realism and the Intensification of East Asia's Maritime Disputes: The Northern Territories, Dokdo/Takeshima and Daoiyu/Senkaku Abstract: The neo-realist paradigm in international relations scholarship holds that sovereign states are rational, unitary, value-maximizing actors capable of understanding and rank-ordering their tangible national interests while distinguishing between short- and long-term goals. In the neo-realist view, territorial conflicts, unless involving central security concerns, will be subordinated to larger foreign policy objectives. Neo-liberals, on the other hand, argue that the growth of trade and economic interdependence is conducive to cooperation. ?Trade dependency? on a state with which there is a territorial conflict will lead to sublimation, sidelining or delayed resolution of the dispute without the threat or use of force. This paper analyzes three of East Asia?s high-profile maritime disputes, those over the Southern Kurlies/Northern Territories (Russia and Japan), Dokdo/Takeshima (South Korea/Japan), and Diaoyu/Senkaku (China/Japan). The paper demonstrates that, to an increasing degree, nationalist and populist sentiment ? rather than neo-realist or neo-liberal calculation ? has been the prime mover in each of these conflicts. The four regional players ? China, Japan, South Korea and Russia ? have politically invested far more in these islands than an objective analysis would seem to warrant, leading to intensified diplomatic conflict, hampered cooperation, emotion-driven domestic populism, and the possibility of future military action. The paper rejects the reasoning of some recent scholarship on the resolution of maritime disputes. It argues that the increasing salience of populist nationalism as a force hampering the resolution of maritime conflict is part of a global trend in the second decade of the 21st century. Length: 29 pages Creation-Date: 2018-11 Publication-Status: Published in Proceedings of the Proceedings of the 3rd Law & Political Science Conference, Lisbon, Nov 2018, pages 1-29 File-URL: https://iises.net/proceedings/3rd-law-political-science-conference-lisbon/table-of-content/detail?cid=74&iid=001&rid=10005 File-Function: First version, 2018 Number: 7410005 Classification-JEL: D74, D81, H12 Keywords: maritime conflict; conflict resolution; nationalism; populism; neo-realism; neo-liberalism; constructivism; social identity theory; Asia-Pacific Handle: RePEc:sek:ilppro:7410005 Template-Type: ReDIF-Paper 1.0 Author-Name: Iva Fellerova Palkovska Author-Name-First: Iva Author-Name-Last: Fellerova Palkovska Author-Email: 370609@mail.muni.cz Author-Workplace-Name: Masaryk University, Faculty of Law Title: Characteristics of Judgments of the EU Court of Justice Abstract: The Court of Justice of the European Union is an independent judicial organ of the European Union. Its decisions possess usual characteristics and procedural aspects that judicial decisions in general have. In this respect we may consider res judicata principle, precedential effect and temporal effect of Court?s decisions. However, some of these characteristics are modified due to the specific nature and aim of judicial process on the EU level. The aim of the paper will be to define the aforementioned characteristics of the Court of Justice decisions, to analyze them on the basis of Court?s jurisprudence and to deal with them in depth in the context of EU judiciary. Length: 23 pages Creation-Date: 2018-11 Publication-Status: Published in Proceedings of the Proceedings of the 3rd Law & Political Science Conference, Lisbon, Nov 2018, pages 30-52 File-URL: https://iises.net/proceedings/3rd-law-political-science-conference-lisbon/table-of-content/detail?cid=74&iid=002&rid=9910 File-Function: First version, 2018 Number: 7409910 Classification-JEL: K40, K33 Keywords: European Union, procedural law, judicial process, res judicata, precedent, precedential effect, temporal limitation of judgments, procedural aspects. Handle: RePEc:sek:ilppro:7409910 Template-Type: ReDIF-Paper 1.0 Author-Name: Michaela Garajová Author-Name-First: Michaela Author-Name-Last: Garajová Author-Email: misa.garaj@gmail.com Author-Workplace-Name: Masaryk University, Faculty of Law Title: Punitive Damages ? A Rising Star in International Commercial Arbitration? Abstract: Punitive damages in international commercial arbitration has been considered more a theoretical than a practical issue, especially in civil law countries. Nevertheless, the national law regulations must provide a way how to react on such claims, particularly in the area of international commercial arbitration. This article is considered primarily with the analysis of the current status quo of certain civil law countries related to punitive damages since not only applicable substantive law, but also procedural law of the seat of arbitration has an impact on the availability of punitive damages in international arbitration. It also discusses legal reasons why punitive damages are of limited relevance in international commercial arbitration that consequently leads to a minimal number of arbitral awards of punitive damages. Despite of infrequency, the importance and clear approach to whether punitive damages should have a place in international commercial arbitration must be drawn. Length: 15 pages Creation-Date: 2018-11 Publication-Status: Published in Proceedings of the Proceedings of the 3rd Law & Political Science Conference, Lisbon, Nov 2018, pages 53-67 File-URL: https://iises.net/proceedings/3rd-law-political-science-conference-lisbon/table-of-content/detail?cid=74&iid=003&rid=9814 File-Function: First version, 2018 Number: 7409814 Classification-JEL: K13, K33, K40 Keywords: Arbitral award; international commercial arbitration; punitive damages; compensatory principle; enforcement and recognition of arbitral award. Handle: RePEc:sek:ilppro:7409814 Template-Type: ReDIF-Paper 1.0 Author-Name: Peter Mihók Author-Name-First: Peter Author-Name-Last: Mihók Author-Email: peter.mihok@umb.sk Author-Workplace-Name: Univerzita Mateja Bela v Banskej Bystrici Author-Name: Martin Orviský Author-Name-First: Martin Author-Name-Last: Orviský Author-Email: martin.orvisky@umb.sk Author-Workplace-Name: Univerzita Mateja Bela v Banskej Bystrici Author-Name: Anna Va?ová Author-Name-First: Anna Author-Name-Last: Va?ová Author-Email: anna.vanova@umb.sk Author-Workplace-Name: Univerzita Mateja Bela v Banskej Bystrici Title: The legal roles and professional ethics of defence attorneys in relation to the electronic monitoring of offenders in Slovakia (vis-ŕ-vis the situation in the USA and the EU) Abstract: This paper deals with the legal roles, and to a small extent also with the professional ethics of defence attorneys in relation to the use of electronic monitoring in the criminal justice field. Its scientific aim is twofold: (1) to briefly summarize relevant results of the pilot research conducted within the Slovak-national project acronymed IAEMPS, and (2) to compare them with the relevant desk research results concerning the USA and the EU. In the concluding part, the authors open the discussion about the potential shifts of emphasis (a) from technical aspects of EM aimed at replacing imprisonment to electronically monitored probation programs as autonomous sentences; and (b) from ?traditional penal? attorneys to ?more holistic defence attorneys?. Length: 17 pages Creation-Date: 2018-11 Publication-Status: Published in Proceedings of the Proceedings of the 3rd Law & Political Science Conference, Lisbon, Nov 2018, pages 68-84 File-URL: https://iises.net/proceedings/3rd-law-political-science-conference-lisbon/table-of-content/detail?cid=74&iid=004&rid=10348 File-Function: First version, 2018 Number: 7410348 Classification-JEL: K14, K00 Keywords: electronic monitoring (EM), attorneys, probation, Slovakia, the IAEMPS project. Handle: RePEc:sek:ilppro:7410348 Template-Type: ReDIF-Paper 1.0 Author-Name: Ivan Pu?kár Author-Name-First: Ivan Author-Name-Last: Pu?kár Author-Email: puskar.ip@gmail.com Author-Workplace-Name: Masaryk University in Brno, Czech Republic Title: The Fair and Equitable Treatment Standard - Customary Rule of International Investment Law? Abstract: Article examines whether or not the Fair and Equitable Treatment (FET) standard has become a rule of customary international law. It analyses the question based on the two conditions under which a treaty-based norm could transform into a customary rule. Author argues that FET standard has not become a rule of custom. Practice of states to include FET clauses in their BITs can be considered as general, widespread and representative, however it is not uniform and consistent. There is no indication that state parties to BITs believe that they have an obligation under international law to provide fair and equitable treatment protection to investors. Length: 12 pages Creation-Date: 2018-11 Publication-Status: Published in Proceedings of the Proceedings of the 3rd Law & Political Science Conference, Lisbon, Nov 2018, pages 85-96 File-URL: https://iises.net/proceedings/3rd-law-political-science-conference-lisbon/table-of-content/detail?cid=74&iid=005&rid=10028 File-Function: First version, 2018 Number: 7410028 Classification-JEL: K33 Keywords: FET standard, Investment Arbitration, International Investment Law, BITs, International Custom Handle: RePEc:sek:ilppro:7410028