LITERARY TERMS, CONVENTIONS, & GENRES Essay Example | Topics and Well Written Essays - 2750 words

LITERARY TERMS, CONVENTIONS, & GENRES - Essay Example the pens and brushes of the artists present, preserve and draw out the socio-cultural values of their environment in an excellent and elegant mode, which are sure to turn into the intellectual heritage of their society for the future centuries to come. Since it is social and cultural features that provide the raw material to creativity on which the foundations of literature are eloquently erected, so the realities of life give birth to the formation and growth of various forms and genres of literature. In view of the fact that realities are both bitter and sweet ones, the true writers do never hesitate in depicting divergent aspects of society while creating their works. The same can be observed by examining the novels under study including â€Å"Gulliver’s Travels† by Jonathan Swift and â€Å"Mrs. Dalloway† by Virginia Woolf. Produced and published during the first half of eighteenth century, Gulliver’s Travels is undoubtedly a wonderful piece of literature created in a superb way by renowned writer and satirist Jonathan Swift. The author has ironically criticized the social injustices and inequalities adopted and observed by the kings, queens, nobility, clergy and courtiers during the Swift’s times by throwing light on the hypocrisy and double standards observed by the elite stratum of society. The novel is based upon the travels the protagonist character i.e. Gulliver made after the wrecking of his ship during his voyage. After the wrecking of the ship Gulliver, a doctor by profession, reaches several strange lands and comes across diverse types of creatures, which are not only absolutely different from the normal humans in size and activities, but are also observe quite eccentric and awkward behavior while interacting with one another. Hence, the novel is full of thrill, action, suspense and amusement, which reveals the outstanding talent and observation of the author on the one hand, and his command over drawing out characters and creating amusements

Critically Analyse the Interpretation of Umbrella Clause in Investment Essay

Critically Analyse the Interpretation of Umbrella Clause in Investment Treaties - Essay Example investor in a host state.3 One such device is the umbrella clause. 2. Definitions of Umbrella Clause The umbrella clause is also known by other terms, such as the observance of undertakings clause, the observance of commitments clause, the pacta sunt servanda 4 clause, the sanctity of contract clause, and the mirror effect clause.5 There is no fixed wording for the clause, but it’s different manifestations are all to the effect that obligations are imposed upon the parties for those circumstances for which the contract had not specifically provided. The benefit of umbrella clause is that it can encompass all types of commitments whether express or implied, contractual or not contractual.6 The clause’s broadest version may be stated as: â€Å"Each Contracting Party shall observe any obligation it may have assumed with regard to investments.†7 As Dolzer & Stevens describes, the provision of umbrellas clause intends to ensure that contracting parties in an investmen t agreement should honour their commitments towards citizens or investors of other parts.8 Consequently, The effect of umbrella clauses is for arbitral jurisdiction to be extended more broadly to investment disputes that involve alleged default by the host state in meeting any obligation it owes to the foreign investor. Through umbrella clauses, therefore, the investor secures the state’s observance of its commitments. More state acts are thus brought â€Å"under the umbrella of protection of the treaty.†9 There are far-reaching effects of umbrella clauses, the most important of which is to extend violations of a contract relating to an investment to the status of treaty violations.10 The conventional concept of the umbrella clause was best put forward by Noble Ventures v Romania,11 which held that â€Å"the purpose of the parties in adopting an umbrella clause was ‘to equate contractual obligations governed by municipal law to international treaty obligations a s established in the BIT.†12 3. Evolution of Umbrella Clause Long before BITs were the norm and when investor-to-state arbitration was still unheard of, the only recourse of an individual who felt aggrieved by alleged illicit acts of the host state was by diplomatic protection. Traditional international law insulated governments against the direct claims of private persons (corporations and individuals), requiring aggrieved foreign investors to secure the consent of the host country before it may seek redress.13 It was a rule of customary law that a state may exercise its right of diplomatic protection only if a breach of international law has taken place, and its national has suffered some form of injury as a result thereof. The term umbrella clause was first used by an prominet international scholar Elihu Lauterpacht in a claim against Iran due to nationalisation of iranian oil fields when claim was made by the Anglo-Iranian Oil Company in 1953-54. Lauterpacht supported that an â€Å"umbrella treaty† would be implemented infringement of which would make the infringement if the