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Investigates the differences in protocols between arbitral tribunals and courts, with particular emphasis on US, Greek and English law. Gives examples of each country and its way of using the law in specific circumstances, and shows the variations therein. Sums up that arbitration is much the better way to gok as it avoids delays and expenses, plus the vexation/frustration of normal litigation. Concludes that the US and Greek constitutions and common law tradition in England appear to allow involved parties to choose their own judge, who can thus be an arbitrator. Discusses e‐commerce and speculates on this for the future.

The purpose of this paper is to identify convergent elements between corporate reputation and financial resources. The paper seeks to draw parallels between corporate reputation management and corporate financial management in order to define common management principles.

In this paper, the analogy‐based approach is used to identify similarities in the functions and risks between corporate reputation and financial resources. This approach is the prerequisite for defining common management principles.

The paper proposes some arguments in favour of common functions and risks thesis of corporate reputation and financial resources. The finding of common functions and risks opens the way for an analysis of common principles in corporate reputation management and corporate finance management.

Cross‐fertilization between corporate communication and reputation and corporate finance can encourage effective evolution over time of the common management principles. The limitation of the research is the parallelism between two types of resources which traditionally belong to different subjects/disciplines. Cultural barriers may oppose the acceptance of this unusual juxtaposition of resources.

The use of these common principles allows for the development of an appropriate cultural background of managers. It could create advantages both for large companies and small businesses. The shared cultural background and language should serve to improve interaction and dialogue among managers on an intra‐ and inter‐organizational levels.

The parallels between corporate reputation and financial resources; the common management principles of these different resources; and their theoretical‐conceptual and practical implications, are entirely new topics in literature.

The Equal Pay Act 1970 (which came into operation on 29 December 1975) provides for an “equality clause” to be written into all contracts of employment. S.1(2) (a) of the 1970 Act (which has been amended by the Sex Discrimination Act 1975) provides:

This paper aims to provide a comparative discussion on silence as a misrepresentation in contractual obligations between common law and Islamic law. The objective of this paper is to – from a legal pluralism point of view – highlight the contrasts between the two traditions and provide recommendations for best practices to achieve fairness and equity among the contracting parties. While common law does not treat silence as conscious misrepresentation, in Islamic law, silence does not constitute affirmative will. This has repercussions for the contracting parties because if future disputes arise, the aggrieved party in Islamic law reserves the option to rescind or nullify the contract – an opportunity not afforded by common law. We have discussed and analyzed the implementations of the different contractual terms, such as fraud, misrepresentation, trickery and deception in relation with Islamic law principles and common law practices. This research is an effort to draw the attention for further development in both Islamic law and common law practices on contractual obligation. The notion of misrepresentation – subset of a broader gamut of fraud – is arguably nebulous in Islamic literature as well. We delve into these nuances and provide examples both from common law and Islamic law precedents and provide recommendations for reform in both traditions.

This paper operates under qualitative methodological framework and uses secondary sources for analysis. Sources include journal databases, review of cases, classical/medieval Islamic scripts, etc.

This paper provides a general comparative study between common law’s principle and practice and Islamic law’s principle to forge a better understanding of fine-tuning existing practice and contribute to the debate on determining the best practices to unify international trade and custom exercise. Common law principle, obviously, holds a historical and traditional reputation as those principles are derived from long years of practice and judicial interpretation. Such historical legal system should accommodate fresh ideas in their repertoire and welcome novel ideas which would positively influence its own practice. This paper affords the freedom to the reader to interpret which general principle is acceptable in terms of contractual obligation.

Previous works exist on the issue of misrepresentation. However, those are mostly explanations of fraud and deceit in Islamic law or common law. The treatment of silence as affirmative will is seldom touched upon. To the authors’ knowledge, this is the first attempt at contrasting the treatment of silence in common and Islamic law. They have also advocated pluralistic practices and argued for legal reform whereby both traditions can benefit from each other.

A distinction must be drawn between a dismissal on the one hand, and on the other a repudiation of a contract of employment as a result of a breach of a fundamental term of that contract. When such a repudiation has been accepted by the innocent party then a termination of employment takes place. Such termination does not constitute dismissal (see London v. James Laidlaw & Sons Ltd (1974) IRLR 136 and Gannon v. J. C. Firth (1976) IRLR 415 EAT).

The purpose of this paper is to deepen our understanding of the philosophical and scientific pedigree of the concept of “common sense”, and explore the implications for managerial decision‐makers.

After examining the management literature on this topic, a brief history of the notion and philosophy of common sense is followed by a review of recent findings in cognitive science and other fields and a discussion of implications for managerial decision‐making.

The notion of common sense has a stable perceptual basis in the makeup of the human mind, as has been shown by philosophers and scientists. Common sense intuitions serve as the basis for making sense of the world: visual perception, scientific reasoning, language, psychology, mathematics, and moral judgments are all rooted in “mental hardware” of common sense. While it is a necessary element of human cognition, common sense can nevertheless lead us astray if we are unaware of its contours and limitations, which are outlined in this paper.

Understanding that the mind comes equipped with a host of common sense mental instincts will have an impact on both one's own decision‐making processes, and how decision‐makers attempt to influence others.

Based on original research as well as literature from a variety of disciplines, this paper provides a comprehensive understanding of the philosophical and scientific pedigree of “common sense” and its implications for decision‐makers.

This chapter reconsiders commonly held views on the ownership and management of private property, contrasting capitalist and simple property, particularly in relation to how a firm shareholder governance model has shaped society. This consideration is motivated by the scale and scope of the modern global crisis, which has combined financial, economic, social and cultural dimensions to produce world disenchantment.

By contrasting an exchange value standpoint with a use value perspective, this chapter explicates current conditions in which neither the state nor the market prevail in organising economic activity (i.e. cooperative forms of governance and community-created brand value).

This chapter offers recommendations related to formalised conditions for collective action and definitions of common guiding principles that can facilitate new expressions of the principles of coordination. Such behaviours can support the development of common resources, which then should lead to a re-appropriation of the world.

It is necessary to think of enterprises outside a company or firm context when reflecting on the end purpose and means of collective, citizen action. From a methodological standpoint, current approaches or studies that view an enterprise as an organisation, without differentiating it from a company, create a deadlock in relation to entrepreneurial collective action. The absence of a legal definition of enterprise reduces understanding and evaluations of its performance to simply the performance by a company. The implicit shift thus facilitates the assimilation of one with the other, in a funnel effect that reduces collective projects to the sole projects of capital providers.

Because forsaking society as it stands is a radical response, this historical moment makes it necessary to revisit the ideals on which modern societies build, including the philosophy of freedom for all. This utopian concept has produced an ideology that is limited by capitalist notions of private property.

This paper aims to draw on Ostrom’s commons theory to analyse the governance regime of Antarctic as a commons institution. Antarctic is a peculiar territorial space on Earth, which due to its unique characteristics constitutes a global common resource that very much resembles outer space resources. On these grounds, the paper highlights successful, and less successful, arrangements developed in the Antarctic commons to be considered as a blueprint or roadmap towards the governance of outer space resources as a commons.

The paper uses first, the social-ecological system (SES) framework to outline the characteristics of Antarctic as a commons institution, and second, Ostrom’s design principles to assess the commons institution of Antarctic. The Antarctic commons institution is used next, as an analogy to reflect on the challenges outer space global resource face and the way it could be managed.

The paper concludes that Antarctic enjoys a functional, credible and successful commons institution that should reinforce the twofold governance structure it exhibits. Similar cases of global common resources, such as these of outer space, that seek to establish a similar commons institution should take into account issues related the benefits spectrum and the credible commitment of actors to engage in different levels of the governance regime. What matters is not necessarily the form of the regime but rather how the commons as an institution functions, whether it fulfils the needs and interests of the driving actors and, on these grounds, how credible these arrangements are in the eyes of the committed members.

Both Antarctica and outer space are rather unique cases and domains of multiple resources.

The paper provides an analogy to consider sustainable appropriation of global resources (“global commons”) for peace and prosperity to all.

The paper is original, in the sense that according to the best of the authors’ knowledge, no published work has identified Antarctic as a commons institution or has used the aforementioned methodologies to analyse Antarctica as a commons and to employ their findings in providing directions for the design of appropriate governance frameworks for other resources that exhibit the characteristics of global commons, such as these of the outer space.

The purpose of this paper is to give an outline of existing laws that regulate each area of the Commons. With specific reference to the growing international concern for the protection of the global commons, this paper aims to re-examine to what extent present legal regime for global commons is successful. Finally, it proceeds with some way outs and suggestions that may, if adopted, play significant role to protect common areas from environmental damage.

This paper is purely analytical. Analytical approach has been applied to proceed with the write-up which is basically based on the review of primary and secondary literature studies including books, scholarly articles and laws. Internet-browsing is being used for collection of most recent literature on the subject. Relevant case studies in this regard are evaluated.

Transboundary damage is a practical and contextual matter requiring concrete rules and principles, both procedural and substantive. Here, priority is to establish minimum standards of conduct for such activities that affect the environment of global commons, at the national and international level. An expertly designed treaty with balanced contents, which are strong enough to hold the state parties liable for their activities and, at the same time, motivating enough to be bound by obligation by ratification, is to be adopted.

This paper is original in calling for the full participation of all states, rich and poor, to address damage to global commons effectively and efficiently.