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The purpose of this article is to analyse the concept of a fair balance between conflicting fundamental rights in the context of intermediary liability for third party copyright infringement.

European Legal Method.

Fair balance is the appropriate conflict resolution mechanism in cases of fundamental rights clashes. Balancing is in essence a call for rational judicial deliberation. In intermediary liability, balancing excludes the imposition of filtering obligations on intermediaries for the purpose of copyright enforcement, but allows blocking.

An in-depth look at a complicated, vague and underdeveloped area of law with significant practical effect.

The concept of the balanced company refers to a company that is in good relations with its internal and external constituencies. Establishing such a balanced company largely depends on the corporate governance of the firm. The paper, therefore, aims to develop new insights into the appropriate design of corporate governance that fits with the notion of the balanced company.

The paper is conceptual and integrates various perspectives from stakeholder as well as norm theories to substantiate the appropriate governance system of a balanced company.

The proposed system of corporate governance rules that the interests of multiple stakeholders have to be considered and adequately balanced when corporate decisions are made. In this system, the interest of the enterprise provides the ultimate criterion to evaluate corporate decisions rather than the interest of one single group of constituencies. Corporate decisions have accordingly to serve the interest of the enterprise and to ensure its sustainable creation of value. This requires a principle based balancing of competing interests when the stakes of diverse constituencies collide.

The paper explicates the notion of the interest of the enterprise, explores the corresponding responsibilities of the board, and explains how competing interests of various constituencies have to be balanced.

Among developing countries, the Republic of China in Taiwan (hereinafter Taiwan) has been experiencing economic growth accompanied by improving income distribution. Between 1964 and 1980, the average annual growth rate of the real gross national product was 9.92 per cent (Council for Economic Planning and Development (CEPD), 1982, p. 23). In the same period, the income ratio between the top 20 per cent and the bottom 20 per cent of families dropped from 5.33 to 4.17 and the Gini coefficient decreased from 0.36 to 0.30 (CEPD, 1982, p. 54; Directorate‐General of Budget Accounting and Statistics, 1980, (DGBAS), p. 44). To put it somewhat dif‐ferently, in 1964 the lowest fifth of households received 7.71 per cent of total personal income, and the highest fifth 41.07 per cent. But in 1980, the income share of the lowest fifth increased to 8.82 per cent while that of the highest fifth decreased to 36.80 per cent. The condition of greater equality in income distribution appears more obvious in the capital city of Taipei. In 1981, for instance, its Gini coefficient was estimated to be only 0.28 (Taipei Bureau of Budget, Accounting and Statistics, 1981, (TBBAS), P. 24).

This work aims to use equity theory to explore how consumers assess prosocial actions as part of a mental portfolio of purchases and behaviors in a broader marketplace, seeking balance in market exchanges. Conceptualizing marketing exchange as both an exchange of perceived value and a balance between self- and collective-interest allows for segmentation by consumer sensitivity to equity and sheds light on why prosocial consumption might occur.

Two studies validate and segment consumers via their equity sensitivity. Between-subject designs with samples of consumers and marketing managers validate an equity sensitivity index that segments how people balance self- and collective-interests in marketplace exchange and predicts prosocial consumption choices.

The results indicate that Entitled decision makers are more willing to exchange collective-interest for self-interest and emphasize choices that maximize lower prices for consumers or greater profits for firms in lieu of prosocial outcomes. Benevolent decision makers, however, are more willing to exchange self-interest for collective-interest and support prosocial outcomes.

This work moves beyond research that focuses on attitudes, values and situational factors, instead using equity theory to uncover broader marketplace motivations for prosocial consumption. The research reveals that a motivating force behind prosocial consumption is how much consumers perceive they have given to, and gotten, from, the marketplace. Segmenting the market according to how consumers balance gains and losses provides an alternate approach to studying prosocial consumption, as well as a practical approach to developing targeted marketing strategies.

The object of this research is the reconstruction of the existing legal response by European Union states to the phenomenon of immigration. It seeks to analyse the process of conferral of protection.

One main dimension is selected and discussed: the case law of the national courts. The study focuses on the legal status of immigrants resulting from the intervention of these national courts.

The research shows that although the courts have conferred an increasing protection on immigrants, this has not challenged the fundamental principle of the sovereignty of the states to decide, according to their discretionary prerogatives, which immigrants are allowed to enter and stay in their territories. Notwithstanding the differences in the general constitutional and legal structures, the research also shows that the courts of the three countries considered – France, Germany and Spain – have progressively moved towards converging solutions in protecting immigrants.

The research contributes to a better understanding of the different legal orders analysed.

Aim of the present monograph is the economic analysis of the role of MNEs regarding globalisation and digital economy and in parallel there is a reference and examination of some legal aspects concerning MNEs, cyberspace and e‐commerce as the means of expression of the digital economy. The whole effort of the author is focused on the examination of various aspects of MNEs and their impact upon globalisation and vice versa and how and if we are moving towards a global digital economy.

Norway is a small nation state on the northernmost coastline of Western Europe, integrated in the Western world economy. For centuries Norway's integration in the world economy had been based on exports of raw materials such as fish and timber, as well as shipping services. In the early 20th century, furnace-based metals (made possible by cheap hydropower) were added to this export basket. Just as the world economy entered an increasingly unstable phase in 1970s, another natural resource was discovered in Norway: petroleum – that is, oil and natural gas from the North Sea. This chapter analyses the challenges and possibilities inherent in the Norwegian strategy of developing an oil economy in a world economic situation influenced by new and stronger forms of international integration through the four decades between 1970 and 2010.

The purpose of this paper is to construct a process theory of cluster development, in order to complement the many studies focusing on the factors that determine successful clusters.

This theory‐building effort relies on event‐driven methodology, which triangulates narratives collected at different points in time with other documented materials, in order to trace cluster development over a six‐year period. The empirical data are analysed according to theoretical classes formed a priori and anchored in Aldrich's framework of emergence, events and consequences. The idea is to identify critical events that subsequently inform theory development.

The authors show that three critical processes drive sustainable cluster development: the exploitation of current opportunities, the exploration of future opportunities, and processes that facilitate the balancing of the two. Whereas the conceptual focus in the extant literature is on exploration and exploitation processes, the authors find that balancing processes are also critical.

The paper's findings are of practical relevance to private and public policy makers with regard to the management and financing of balancing mechanisms that help to secure sustainable development. The authors will continue to follow the development of this specific cluster in order to identify a wider range of sub‐processes that contribute to the long‐term viability of clusters in general.

This work is original in the sense that it extends March's exploration and exploitation theory, applies it to the inter‐organisational context of clusters, and links the two processes through a process of balancing. The empirical evidence and the methodological approach used contribute in terms of building a “real process theory”, according to Aldrich's specification of an event‐driven research approach.

This article considers the independent liberty interests of children in foster care and their mothers in parental termination proceedings. Recent federal reforms impose a mandatory deadline for the state to terminate parental rights. That policy erroneously presumes that the passage of time alone establishes parental fault and satisfies a parent’s due process rights. It also fails to protect the minority of children who assert an interest in preserving a safe relationship with mothers who are unlikely to meet the state’s schedule – including many substance abusers and victims of domestic violence.

In addition to financial returns, German housing companies are expected to achieve social and ecological outcomes. This achievement is challenging for management, as expectations from different stakeholders are only partly apparent and often conflicting. The paper aims to discuss these issues.

This paper presents a process model that supports the management of housing companies to systematically explore, evaluate, and integrate stakeholders’ interests into the company’s strategic targets.

The integrated process model improves sustainable value creation, as stakeholders’ interests are transparent and can thus be better satisfied.

Due to the action research design, further research cycles and empirical testing with other companies are needed before findings can be generalised.

The process enables housing companies to focus on value-generating activities, to react timely to changing needs, and to improve their relationships with stakeholders. Management benefits from increased clarity and legitimacy for strategic decisions as stakeholder demands are made transparent and integrated into the strategic targets.

Compared to common participation approaches, all stakeholder groups are consulted, and their expectations are documented transparently within the suggested process model. This results in a better foundation for sustainable management planning and decisions.