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1 – 10 of over 1000It is commonly known that numerous incidents of container security failure are detected on a daily basis for which nobody is held legally liable. This state of affairs is…
Abstract
Purpose
It is commonly known that numerous incidents of container security failure are detected on a daily basis for which nobody is held legally liable. This state of affairs is essentially due to the shippers providing erroneous information, either inadvertently or by design. However, none of the stakeholders such as the carrier, the port operator, the inland transporter or the dry port operator are saddled with the legal responsibility of verifying the correctness of the information provided by the shippers or moving against them legally for misrepresentation of facts.
Design/methodology/approach
This paper discusses the issue of container security from a legal perspective with a specific focus on the liability for security failure. While discussing the reasons for non-development of a globally standardized legal regime for container security, this paper also endeavors to suggest possible solutions for the abysmal state of affairs.
Findings
This state of affairs persists despite the shipper being saddled with the additional responsibility of providing documentary evidence of verified gross mass of the cargo stuffed in the container by International Maritime Organization.
Originality/value
There is apparently no visible legal action that appears to have been taken against the culprit responsible for the security failure. Thus, the loopholes in the existing legal regime are exploited by all concerned for commercial reasons.
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The purpose of this paper is to examine the flaws of the take‐back program for empty pesticide containers implemented by the Brazilian chemical industry, which despite its overall…
Abstract
Purpose
The purpose of this paper is to examine the flaws of the take‐back program for empty pesticide containers implemented by the Brazilian chemical industry, which despite its overall success, is not working in the selected small rural community.
Design/methodology/approach
This is an exploratory single‐case study indicating that the outcome of the Brazilian take‐back program still requires clarification.
Findings
The Brazilian take‐back program for pesticide containers targets large rural communities where economies of scale can operate. It is not possible to use the same reverse logistics strategy for both large and small rural communities.
Research limitations/implications
Despite the fact that this exploratory single‐case study might not be generalized to other small rural communities without further research; it indicated some implications for the development of other take‐back programs.
Originality/value
The paper shows that an efficient take‐back program for pesticide containers should be designed taking in account the characteristics of each rural community. A strategy for a large rural community might not work in small ones. Economies of scale, postponement and speculation can be addressed to improve the reverse logistics strategy.
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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…
Abstract
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:
The four sections to this article have distinct but inter‐related objectives. Part I introduces the concepts, problems and tensions central to an understanding of the product…
Abstract
The four sections to this article have distinct but inter‐related objectives. Part I introduces the concepts, problems and tensions central to an understanding of the product liability debate. These issues recur throughout the article. Part II outlines the development of product liability law in Europe and assesses the impact of the European Directive on Product Liability. The “product liability crisis” in the United States is discussed in Part III, which looks at the law's development and proposals for reform. In Part IV the United States and European positions are compared and the case is made out for a global uniform product liability law which recognises the social responsibility of the producer towards those injured by his products.
Denning, L.J. Buckley and L.J. Roskill
June 13,1972 Industrial Relations — Unregistered trade union — Unpaid shop stewards elected by fellow members with union authority to negotiate at local level with dock employers…
Abstract
June 13,1972 Industrial Relations — Unregistered trade union — Unpaid shop stewards elected by fellow members with union authority to negotiate at local level with dock employers — Shop stewards initiating campaign of blacking container lorries after blacking by unregistered union knowingly inducing breaches of contract made “unfair industrial practice” by statute — Industrial Court orders to union to stop specified blacking — Union advice to shop stewards to obey court orders rejected — Court finding union in contempt and liable to fines and to compensate complainants for unfair industrial practices — Shop stewards agents, not servants of union — Whether evidence of implied authority from union to agents to black — Union not responsible for conduct of shop stewards acting outside scope of express or implied authority — Industrial Relations Act, 1971 (c.72) ss. 96(1), 101,167(1) (9).
Son Nguyen, Peggy Shu-Ling Chen and Yuquan Du
Although being considered for adoption by stakeholders in container shipping, application of blockchain is hindered by different factors. This paper investigates the potential…
Abstract
Purpose
Although being considered for adoption by stakeholders in container shipping, application of blockchain is hindered by different factors. This paper investigates the potential operational risks of blockchain-integrated container shipping systems as one of such barriers.
Design/methodology/approach
Literature review is employed as the method of risk identification. Scientific articles, special institutional reports and publications of blockchain solution providers were included in an inclusive qualitative analysis. A directed acyclic graph (DAG) was constructed and analyzed based on network topological metrics.
Findings
Twenty-eight potential risks and 47 connections were identified in three groups of initiative, transitional and sequel. The DAG analysis results reflect a relatively well-connected network of identified hazardous events (HEs), suggesting the pervasiveness of information risks and various multiple-event risk scenarios. The criticality of the connected systems' security and information accuracy are also indicated.
Originality/value
This paper indicates the changes of container shipping operational risk in the process of blockchain integration by using updated data. It creates awareness of the emerging risks, provides their insights and establishes the basis for further research.
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After great Wars, the years that follow are always times of disquiet and uncertainty; the country is shabby and exhausted, but beneath it, there is hope, expectancy, nay…
Abstract
After great Wars, the years that follow are always times of disquiet and uncertainty; the country is shabby and exhausted, but beneath it, there is hope, expectancy, nay! certainty, that better times are coming. Perhaps the golden promise of the fifties and sixties failed to mature, but we entered the seventies with most people confident that the country would turn the corner; it did but unfortunately not the right one! Not inappropriate they have been dubbed the “striking seventies”. The process was not one of recovery but of slow, relentless deterioration. One way of knowing how your country is going is to visit others. At first, prices were cheaper that at home; the £ went farther and was readily acceptabble, but year by year, it seemed that prices were rising, but it was in truth the £ falling in value; no longer so easily changed. Most thinking Continentals had only a sneer for “decadent England”. Kinsmen from overseas wanted to think well of us but simply could not understand what was happening.
The purpose of this paper is to examine how the concept of vicarious liability has developed in recent years.
Abstract
Purpose
The purpose of this paper is to examine how the concept of vicarious liability has developed in recent years.
Design/methodology/approach
This work analyses case law decisions pertaining to vicarious liability.
Findings
The paper examines how court decisions have acted to widen considerably the application of vicarious liability in a business context.
Research limitations/implications
Further research could usefully speculate on the direction the law might take in the future.
Practical implications
The paper reveals how vicarious liability applies in a business context and provides some pertinent learning outcomes for employers from case law development.
Originality/value
The analysis presented in this paper explains how an important legal concept applies in a contemporary business context.
Details