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diff --git a/markup/pod-samples/pod/not_without_help.austin_amissah/media/text/en/not_without_help.austin_amissah.sst b/markup/pod-samples/pod/not_without_help.austin_amissah/media/text/en/not_without_help.austin_amissah.sst index 708cb21..dd2f5e6 100644 --- a/markup/pod-samples/pod/not_without_help.austin_amissah/media/text/en/not_without_help.austin_amissah.sst +++ b/markup/pod-samples/pod/not_without_help.austin_amissah/media/text/en/not_without_help.austin_amissah.sst @@ -1366,7 +1366,7 @@ That night, I was in bed just about to sleep when the telephone rang. It was Sho Another Israeli friend whom I wanted to see was Simcha Gafny, my colleague on the UN Committee on Tax Treaties between Developed and Developing Countries. He was in semi-retirement but, I believe, still managing a commercial bank at the time. His son was the Governor of the Central Bank of Israel. He was kind enough to invite me to dinner at his apartment. We talked of old "friends" on the Committee. -The other people with whom I spent some time were not Israeli but Dutch. They were the Arienses, who had been in Ghana in the early 70s. Krick Ariens was Ambassador of the Netherlands to Ghana. He and his wife, Roberta, had been very gracious hosts to many Ghanaian friends. Krick joined with a number of Ghanaians to play tennis on Wednesdays at the court in the residence of his second in command, Joris Vos, later to become Ambassador to Australia, then the Soviet Union and then Ambassador to Russia and to a number of the States into which the Soviet Union broke afterwards. After being Secretary to the Minister of Foreign Affairs, he became Ambassador to the United States. But these were early days for Joris. I got in touch with the Arienses when I arrived in Israel. They were living in Jerusalem and invited me to dinner a couple of times and also took me on one occasion to a hospital to which the people of Holland had sent a planeload of tulips. Holland maintained very close relations with the Israelis at the time and, as stated earlier, it was the only country which had its Embassy in Jerusalem. Krick asked how the Wednesday tennis group was going. I told a long story of how the group continued to thrive after Joris Vos was replaced by Jaap de Hoop Schaffer. The group had at various times included Kwame Pianim, who was so strong, he played singles with Jaap before the rest of us turned up to join them in our usual doubles games; Francis Nkrumah, a paediatrician specialist and son of our first Prime Minister and President, later to become a Professor of the Medical School and head of the Noguchi Institute; the late Kwamena Phillips, a delightful companion and diplomat; Kofi Annan, a diplomat, then on assignment with the Tourist Company in Ghana, later to become Secretary-General of the United Nations; Issa Egala, a paediatrician specialist, then with the Police Hospital, Roger Korsah, a judge of the High Court, later to be judge of the Supreme Court of Zimbabwe; Miguel Ribeiro, a lawyer in private practice; Osafo Sampong, a lawyer with the Attorney-General's Office; Commander Kyeremeh, a naval officer, but then, I believe a member of the Government with responsibility for the Cocoa Marketing Board; and myself. But when Jaap was in turn succeeded by Christian Kroner, he put an end to the group with the cryptic remark that "friends are made, not inherited". Roberta asked who this was and, when I told her, she summarily dismissed him by saying, "oh, he is not important". Kroner's remark, though unimpeachable in this case, later caused him some embarrassment. He did not know who those using the tennis court in his residence were. He had obviously come in with the idea of making his own life without interferences from the past. When he later learnt who we were, he asked Kwame Pianim to persuade us to come back to his court. Not one of us accepted. By then, some of us were using the court of the Canadian High Commissioner down the road. +The other people with whom I spent some time were not Israeli but Dutch. They were the Arienses, who had been in Ghana in the early 70s. Krick Ariens was Ambassador of the Netherlands to Ghana. He and his wife, Roberta, had been very gracious hosts to many Ghanaian friends. Krick joined with a number of Ghanaians to play tennis on Wednesdays at the court in the residence of his second in command, Joris Vos, later to become Ambassador to Australia, then the Soviet Union and then Ambassador to Russia and to a number of the States into which the Soviet Union broke afterwards. After being Secretary to the Minister of Foreign Affairs, he became Ambassador to the United States. But these were early days for Joris. I got in touch with the Arienses when I arrived in Israel. They were living in Jerusalem and invited me to dinner a couple of times and also took me on one occasion to a hospital to which the people of Holland had sent a planeload of tulips. Holland maintained very close relations with the Israelis at the time and, as stated earlier, it was the only country which had its Embassy in Jerusalem. Krick asked how the Wednesday tennis group was going. I told a long story of how the group continued to thrive after Joris Vos was replaced by Jaap de Hoop Scheffer. The group had at various times included Kwame Pianim, who was so strong, he played singles with Jaap before the rest of us turned up to join them in our usual doubles games; Francis Nkrumah, a paediatrician specialist and son of our first Prime Minister and President, later to become a Professor of the Medical School and head of the Noguchi Institute; the late Kwamena Phillips, a delightful companion and diplomat; Kofi Annan, a diplomat, then on assignment with the Tourist Company in Ghana, later to become Secretary-General of the United Nations; Issa Egala, a paediatrician specialist, then with the Police Hospital, Roger Korsah, a judge of the High Court, later to be judge of the Supreme Court of Zimbabwe; Miguel Ribeiro, a lawyer in private practice; Osafo Sampong, a lawyer with the Attorney-General's Office; Commander Kyeremeh, a naval officer, but then, I believe a member of the Government with responsibility for the Cocoa Marketing Board; and myself. But when Jaap was in turn succeeded by Christian Kroner, he put an end to the group with the cryptic remark that "friends are made, not inherited". Roberta asked who this was and, when I told her, she summarily dismissed him by saying, "oh, he is not important". Kroner's remark, though unimpeachable in this case, later caused him some embarrassment. He did not know who those using the tennis court in his residence were. He had obviously come in with the idea of making his own life without interferences from the past. When he later learnt who we were, he asked Kwame Pianim to persuade us to come back to his court. Not one of us accepted. By then, some of us were using the court of the Canadian High Commissioner down the road. After our intensive work, sightseeing and social visits in Israel, Sodzi and I left for India. I did not know so many people in India. I had lost all touch with the Indians whom I met in Oxford, like Anandraman, Dershi Malhotra, Venkatswaran and Ajmani. The last two, I occasionally enquired about and was aware that they had risen very high in the Indian Foreign Service. With George Isaac, who married the Swede, Cecilia Philipson, with whom many students lost their heart, Stella and I kept in desultory touch after he had returned to India. But he was nowhere near Delhi as his base was in Kerala. We got to know Amrik Mehta when he was the Indian High Commissioner in Accra quite well but he had got a job with UNIDO in Vienna after Ghana and I did not think it worthwhile finding him in New Delhi. Of course, Muthu was still in Ghana. I should have tried to find Justice Khanna with whom I toured Australia in 1975 as soon as we got to New Delhi. I knew that he had retired from the Supreme Court but my enquiries started late. When I got his home address, I was about to leave so I sent him a card instead. On my return to Accra, I got a very kind letter from him regretting that he had not been able to see me in New Delhi. diff --git a/markup/pod-samples/pod/the_autonomous_contract.ralph_amissah/media/text/en/the_autonomous_contract.ralph_amissah.sst b/markup/pod-samples/pod/the_autonomous_contract.ralph_amissah/media/text/en/the_autonomous_contract.ralph_amissah.sst index 6919582..b3a80e7 100644 --- a/markup/pod-samples/pod/the_autonomous_contract.ralph_amissah/media/text/en/the_autonomous_contract.ralph_amissah.sst +++ b/markup/pod-samples/pod/the_autonomous_contract.ralph_amissah/media/text/en/the_autonomous_contract.ralph_amissah.sst @@ -100,7 +100,7 @@ Standard contracts may attempt to be autonomous in themselves, but seldom are, h 2~ A transnational regulatory order for contracts -Within the traditional municipal order a limited degree of autonomy is available in contract. Autonomy is here used in the sense of reducing the relevance of specific national laws. This is achieved as discussed through: the selection of the law of a state that applies uniform law; the use of uniform rules and principles; and/or the use of negotiated standard contracts. There are problems however, with state's judiciaries' limited ability to disengage themselves from their traditional legal process, methods of legal reasoning, use of sources, and interpretation of uniform law, principles, rules and contracts. In addition to these there are problems associated with the enforcement of claims in other states world-wide as required for international commerce. These constraints have long represented a hindrance to the business community that has sought and found a preferable solution in international commercial arbitration. This may be further enhanced through the selection of a-national law as the governing law of the contract under arbitration, such as /{ lex mercatoria }/. This a-national regulatory order is made possible by: *{ (a) }* States' acceptance of _{freedom of contract}_ (/{ odre public }/ or public policy excepted). *{ (b) }* Sanctity of contract embodied in the principle /{ _{pacta sunt servanda}_ }/. *{ (c) }* Written contractual selection of dispute resolution by _{international commercial arbitration}_ - /{ ad hoc }/ or institutional, usually under internationally accepted arbitration rules. *{ (d) }* Enforcement: arbitration where necessary borrowing the state apparatus for _{law enforcement through the /{ New York Convention}_ on Recognition and Enforcement of Arbitral Awards 1958 }/. *{ (e) }* Greater transnational effect is achieved through the exclusion of state law as governing the contract. Usually substituting the choice of general principles of law or /{ _{lex mercatoria}_ }/ as governing the contract, or calling upon the arbitrators to act as /{ amiable compositeur }/ or /{ ex aequo et bono }/. For increased predictability preferably through application of the /{ UNIDROIT Principles }/. +Within the traditional municipal order a limited degree of autonomy is available in contract. Autonomy is here used in the sense of reducing the relevance of specific national laws. This is achieved as discussed through: the selection of the law of a state that applies uniform law; the use of uniform rules and principles; and/or the use of negotiated standard contracts. There are problems however, with state's judiciaries' limited ability to disengage themselves from their traditional legal process, methods of legal reasoning, use of sources, and interpretation of uniform law, principles, rules and contracts. In addition to these there are problems associated with the enforcement of claims in other states world-wide as required for international commerce. These constraints have long represented a hindrance to the business community that has sought and found a preferable solution in international commercial arbitration. This may be further enhanced through the selection of a-national law as the governing law of the contract under arbitration, such as /{ lex mercatoria }/. This a-national regulatory order is made possible by: *{ (a) }* States' acceptance of _{freedom of contract}_ (/{ odre public }/ or public policy excepted). *{ (b) }* Sanctity of contract embodied in the principle /{ _{pacta sunt servanda}_ }/. *{ (c) }* Written contractual selection of dispute resolution by _{international commercial arbitration}_ - /{ ad hoc }/ or institutional, usually under internationally accepted arbitration rules. *{ (d) }* Enforcement: arbitration where necessary borrowing the state apparatus for law enforcement through the /{ _{New York Convention}_ on Recognition and Enforcement of Arbitral Awards 1958 }/. *{ (e) }* Greater transnational effect is achieved through the exclusion of state law as governing the contract. Usually substituting the choice of general principles of law or /{ _{lex mercatoria}_ }/ as governing the contract, or calling upon the arbitrators to act as /{ amiable compositeur }/ or /{ ex aequo et bono }/. For increased predictability preferably through application of the /{ UNIDROIT Principles }/. 3~ International commercial arbitration (ICA) |