POL340 FEB 8 2012.docx

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2 Apr 2012
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POL340 FEB 8 2012
PRIVATE INTERNATIONAL LAW:
- Arbitration
o Disciplines arbitration: question whether an infraction did or did not occur.
Tend to uphold stronger penalties for an employee if that employee was shown
to:
Have acted the same way in the same situation before High
consistency
Have acted the same way in other situations before (low
distinctiveness)
If other employees were shown not to act the same way in this situation
before (low consensus)\
Internal attribution violation shown to be attributed to the organization
accused of the violation higher awards to the aggrieved party.
External attribution violation shown to be attributed to some factor outside of
the organization’s control – lower awards to the aggrieved party.
- Attribution presumed universal in attribution process BUT work shown given the same
information about a behavior, observers in different culture give different explanations.
o Americans more dispositional attributions
o Asians more situation or contextual attributions.
- People differ in their implicit theories of agency (who of what control behavior in situations.)
o West individual has agency
o East group has agency
Ex: of scandals focus on individual vs company
- In commercial arbitration actor is typically the organization not the individual.
- Factors that activate cultural tendencies
o Need for closure (NFC) hihgh epistemic need to reach a decision and stick with
that decision.
Tend to seize and freeze most easily accessible interpretation when making a
decision Use most accessible cultural theory available to them
Induced by situations such as when people are multitasking, are under time
pressures, under conditions of stress:
Have conflicting information, creating ambiguity for the arbitrator.
In these conditions cultural differences become more pronounced.
-
LECTURE: PRIVATE INTERNATIONAL LAW
- REGULATES conducts of sovereign states international law
- Public international law dependent on parties/states that recognize the statutes of the courts.
o Cannot be enforced against it unless it agrees to have the decisions enforced against it.
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