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Book part
Publication date: 4 March 2024

João Vidal, João Albino Silva and Guilherme Castela

This chapter addresses the issue of arbitration in tourism from the perspective of litigation. International tourism requires two or more legal systems to solve a given problem…

Abstract

This chapter addresses the issue of arbitration in tourism from the perspective of litigation. International tourism requires two or more legal systems to solve a given problem, which creates great complexity. To diminish this effect, organizations have been encouraged to use arbitration instead of courts, and thus, it is necessary to measure its effect on them. The analysis used the Biplot methodology, a multivariate technique in the context of reduced dimensionality. The results obtained indicated that tourism demand and supply were willing to pay for arbitration, but the latter erroneously considered the former unwilling to pay. This chapter suggests that tourism companies can raise the price of their products to increase their profit.

Details

Managing Destinations
Type: Book
ISBN: 978-1-83797-176-3

Keywords

Article
Publication date: 16 April 2024

Rosie Kitson-Boyce and Palwinder Athwal-Kooner

The purpose of this study is to explore the experiences of those volunteering within a restorative justice service thus enabling an insight into their perceptions of the different…

Abstract

Purpose

The purpose of this study is to explore the experiences of those volunteering within a restorative justice service thus enabling an insight into their perceptions of the different methods used, their beliefs about restorative justice effectiveness, and its place within the criminal justice system. The study also sought to identify any challenges and positive experiences the participants encountered during their role as volunteers, with volunteering during the COVID-19 pandemic explored specifically.

Design/methodology/approach

Data was collected from the participants (n = 5) via semi-structured interviews and analysed using thematic analysis, thus enabling patterns within the experience of the volunteers to be identified.

Findings

A prior understanding and interest in restorative justice was evident within the data, with participants demonstrating a preference for direct, face-to-face mediation. The perceived lack of support from external agencies was discussed along with the role of education in their volunteering experience. Finally, it was acknowledged that although face-to-face practice was deemed the most effective overall, certain practices adopted during COVID-19 enabled aspects of the role to be carried out more efficiently and equally as effectively.

Practical implications

The findings from this study draw out real-world implications, producing tangible action points for restorative justice services. Some tentative suggestions for future practice are outlined.

Originality/value

The volunteers’ role within restorative justice is often overlooked within the literature (Paul and Borton, 2013) and time constraints can add additional barriers to a hard-to-reach population. However, volunteers play a vital role in restorative justice. By exploring and listening to the volunteers’ experience, this study expands an additional strand within the literature in terms of what makes restorative justice effective and the challenges that are faced from a volunteer perspective.

Details

The Journal of Forensic Practice, vol. ahead-of-print no. ahead-of-print
Type: Research Article
ISSN: 2050-8794

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Open Access
Article
Publication date: 5 March 2024

Thanduxolo Elford Fana and Jane Goudge

In this paper, the authors examine the strategies used to reduce labour costs in three public hospitals in South Africa, which were effective and why. In the democratic era, after…

Abstract

Purpose

In this paper, the authors examine the strategies used to reduce labour costs in three public hospitals in South Africa, which were effective and why. In the democratic era, after the revelations of large-scale corruption, the authors ask whether their case studies provide lessons for how public service institutions might re-make themselves, under circumstances of austerity.

Design/methodology/approach

A comparative qualitative case study approach, collecting data using a combination of interviews with managers, focus group discussions and interviews with shop stewards and staff was used.

Findings

Management in two hospitals relied on their financial power, divisions between unions and employees' loyalty. They lacked the insight to manage different actors, and their efforts to outsource services and draw on the Extended Public Works Program failed. They failed to support staff when working beyond their scope of practice, reducing employees' willingness to take on extra responsibilities. In the remaining hospital, while previous management had been removed due to protests by the unions, the new CEO provided stability and union–management relations were collaborative. Her legitimate power enabled unions and management to agree on appropriate cost cutting strategies.

Originality/value

Finding an appropriate balance between the new reality of reduced financial resources and the needs of staff and patients, requires competent unions and management, transparency and trust to develop legitimate power; managing in an authoritarian manner, without legitimate power, reduces organisational capacity. Ensuring a fair and orderly process to replace ineffective management is key, while South Africa grows cohorts of competent managers and builds managerial experience.

Details

Journal of Health Organization and Management, vol. 38 no. 9
Type: Research Article
ISSN: 1477-7266

Keywords

Book part
Publication date: 14 December 2023

K. Parameswaran

Mediation is defined as a process, whether referred and agreed to by the expression mediation, pre-litigation mediation, online mediation, community mediation, conciliation or any…

Abstract

Mediation is defined as a process, whether referred and agreed to by the expression mediation, pre-litigation mediation, online mediation, community mediation, conciliation or any other expression of such similar import, whereby party or parties, request an independent third person referred to as mediator or mediation service provider to assist them in their attempt to reach a peaceful settlement of a dispute. The peaceful settlement of any dispute to be initiated, processed, guided and moderated in the process of successful mediation before parties, needs mediator to have four major new skills such as witness-awareness, stillness-concentration, empathy-motivation and a pragmatic-sensibility for fulfilling the aims and outcomes of mediation. These four skills are deeply inward and psychological, which can be accessed and empowered by an exercise of deepening experience called spiritual in content and application. However, a crucial interchange of meaning and value that very often come into this situation between spirituality and psychology is an important one to be mentioned here. The two seemingly distant disciplines of experience, one of psychology and another of spirituality lies in the orientation that an individual and a collective give to life and world as a whole. When life and world are accepted in totality, spirituality can be life-affirmative and world-embracing giving us a direction to the individual psychological states of though-emotion-sensation-behaviour complex to embrace and enhance values of inclusion, harmony and development at the collective and universal level. These psychological states, both individual and collective, gradually open the vision and mission of values to live within and outside, to be and to become, and finally manifest a future world of stability, order, richness and growing perfection by solving challenges that come to our existence. It makes life both spiritual and earthly. This chapter demonstrates that this kind of spiritual meaning, value and experience entering into and operating through psychological capacities give mediator four major new skills for easing the process and purpose of mediation exercise. One, an objective awareness to witness the proceedings of the mediation calmly within the conscious cognition and without having any bias and fixed beliefs towards any issues of the parties. Two, a stillness with sensory concentration to avoid unnecessary reactions or agitations that human nature is prone to in taking sides on issues or become lop-sided in approach and consequently affecting mediation's outcome of peaceful settlement. Three, an empathy that animates and motivates parties to look for win-win situation for both as against the adversarial method currently present in the legal system where one party loses and another party gains grounds, which results in bitterness in parties' relationships, rights and obligations. Four, a pragmatic sensibility or practical responsibility by which costs or damages or injuries of all kinds such as social, economic, profit-loss ratio, psychological or organizational stress etc., can be pre-calculated, meaningfully distributed and harmonized between parties by the mediator. With millions of pending legal cases in the existing system of the courts of law that are supposedly designed to provide access to justice and, unfortunately have become fragile as a result of severe shortage of resources of all kinds to deal with sheer quantity and intricate complexity of issues in the disputes, applied spirituality in mediation can pave way for easy, flexible, quick, cost-effective and satisfactory justice to both sides of the parties when these four major new skills are developed through application of spiritual experience and experiments in the whole process of mediation. The author explains in this article the method of acquiring these four major new skills in experiential form in any mediation scenario and the rationale for infusing applied spirituality in mediation. Author also discusses the Indian situation of mediation in the light of new developments sought for enhancing the alternative dispute resolution. At the end, this chapter demonstrates the bigger picture that represent the need of spirituality using these four major new skills while mediating challenges of sustainable development. It will be shown in the end how spirituality, sustainability and mediation for settlements of disputes of sustainable development have something common, core and collective. This is the premise based on which the relationship between applied spirituality and mediation in overcoming the challenges of sustainability are expressed with the help of intuitive, inspirational, integrative and intelligent actions for a sustaining our future age, new humanity and harmonious space.

Article
Publication date: 13 October 2022

Munir A. Abbasi, Azlan Amran and Noor e Sahar

Drawing on expectancy violation theory, this study aims to assess the impact of corporate environmental irresponsibility (CEI) on workplace deviant behaviors (WDB) of Generation Z…

Abstract

Purpose

Drawing on expectancy violation theory, this study aims to assess the impact of corporate environmental irresponsibility (CEI) on workplace deviant behaviors (WDB) of Generation Z and Millennials through the mediation of moral outrage.

Design/methodology/approach

The data were collected from 328 nonmanagerial employees working in the refinery, petroleum and power distribution companies who have been convicted for committing environmental irresponsibility by a court of law. Multigroup analysis (MGA) was used to estimate the hypothesized relationships.

Findings

Results revealed that CEI affects WDBs positively. Moreover, the MGA results demonstrated that the deviant behavior of Generation Z in response to environmental irresponsibility is higher than of the Millennials.

Research limitations/implications

Theoretically, the findings implicate that harming the environment will cost organizational performance through deviant behaviors.

Practical implications

This study provides a new lens for the executive management that eliminating social irresponsibility is more important than incurring sustainability initiatives, especially from the new generation’s perspective.

Originality/value

The originality of this study is that it confirmed the impact of CEI on employees’ deviant behaviors; and extended the scope of expectancy violation theory to the field of human resources.

Details

International Journal of Ethics and Systems, vol. 40 no. 1
Type: Research Article
ISSN: 2514-9369

Keywords

Open Access
Article
Publication date: 12 February 2020

Sabah Ahmd Farag

This theme will be addressed through main points: Special Nature of Investment Disputes and its methods of peaceful settlement. International legal framework governing Arbitration…

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Abstract

Purpose

This theme will be addressed through main points: Special Nature of Investment Disputes and its methods of peaceful settlement. International legal framework governing Arbitration in investment disputes: A. Multilateral legal framework. B. Bilateral legal framework/Investment promotion and protection agreementsTypes of arbitration in investment disputes. The Egyptian experience in investment disputes arbitration. The National legal framework. Egypt on the map of investment disputes in the world. A case study. Conclusion: Results related to the legal framework regulating investment disputes in Egypt. Results related to The arbitration cases against Egypt.

Design/methodology/approach

The researcher investigates the subject of international arbitration in investment disputes in the framework of voluntary theory, which is based on the premise that the satisfaction of people who are addressing the international legal norm is the basis of the same rule. In other words, the basis of international law is based on the satisfaction of the State and other international legal persons Both, and then express or implied consent.

Findings

Despite the availability of domestic and regional arbitration mechanisms in Egypt represented by a large number of cases.

Research limitations/implications

The theme for the study primarily on Egypt and the international arbitration of investment disputes, through theoretical and practical study of disputes arbitration which Egypt is a party defendant in which to focus on what was issued in which the provisions of the International Center for Settlement of Investment Disputes, in an attempt to find out the reasons for the verdicts image released it, where it came mostly against Egypt, and whether these judgments against them in investment disputes due to reasons related to the legal framework of the arbitration process, or for reasons of bodies of arbitration issued by those provisions, or to the defense, which represents the Egyptian party, or to the circumstances Economic and political (which represents the investment climate).

Originality/value

The proposed solutions to improve the conditions and factors surrounding the arbitration disputes that Egypt is waging against foreign investors, whether they are initially alleged or accused of drafting agreements and contracts, through amending the relevant legislation and laws, selecting arbitration bodies and defense bodies.

Details

Review of Economics and Political Science, vol. 8 no. 6
Type: Research Article
ISSN: 2356-9980

Keywords

Content available
Book part
Publication date: 14 December 2023

Abstract

Details

Punishment, Probation and Parole: Mapping Out ‘Mass Supervision’ In International Contexts
Type: Book
ISBN: 978-1-83753-194-3

Book part
Publication date: 14 December 2023

John Todd-Kvam

The Scandinavian penal exceptionalism literature has focused largely on imprisonment but has yet to explore other aspects of the penal field in detail. This chapter provides an…

Abstract

The Scandinavian penal exceptionalism literature has focused largely on imprisonment but has yet to explore other aspects of the penal field in detail. This chapter provides an overview of the penal field in Norway and how community sanctions and measures have evolved within it. The author uses the work of Wacquant and Bourdieu to argue that there are three important levels within the Norwegian penal field: political, policy and practice. The author also discusses how drivers from the political and policy levels are affecting community-based penal practice. Using McNeill’s dimensions of mass supervision, the author discusses the implications of these changes for three less-explored aspects of punishment in Norway: the serving of short sentences at home on electronic monitoring, supervision of people under 18 and ‘punishment debt’ enforcement.

Details

Punishment, Probation and Parole: Mapping Out ‘Mass Supervision’ In International Contexts
Type: Book
ISBN: 978-1-83753-194-3

Keywords

Book part
Publication date: 14 December 2023

Roberto S. Salva

Using an ecological model of child participation and drawing on newsletter data from schools across the United States of America (USA), this chapter statistically explores five…

Abstract

Using an ecological model of child participation and drawing on newsletter data from schools across the United States of America (USA), this chapter statistically explores five state factors linked with school protests against gun violence: (1) children’s neighbourhood opportunity; (2) race/ethnicity; (3) voter preference for either a Republican or a Democratic president; (4) child participation policies; and (5) gun laws/violence/ownership. The chapter explores factors linked to both student participation in protests and student nonparticipation in protests that take place at their schools. Three factors were found to be associated with participation and nonparticipation: children’s neighbourhood opportunity, voters’ preference, and participation policies. Findings suggest that Democratic-voting states, mediated by education opportunity, predict the frequency of student protests against gun violence. In Republican-voting states, where education opportunity does not mediate the frequency of school protests, students still organised and participated in protests but to a lesser extent. In addition, states with high overall children’s neighbourhood opportunity and voting student education board members are highly likely to have non-protesting students in schools with protests. The chapter presents five conclusions from these results for the positive and negative exercise of child participation rights and considers what further multilevel explorations can be done to further test the framework employed for this analysis.

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Childhood, Youth and Activism: Demands for Rights and Justice from Young People and their Advocates
Type: Book
ISBN: 978-1-80117-469-5

Keywords

Book part
Publication date: 19 April 2024

Rania Maktabi

This chapter discusses the extension of legal equality between male and female citizens in four states in North Africa – Tunisia, Egypt, Morocco and Algeria – through one specific…

Abstract

This chapter discusses the extension of legal equality between male and female citizens in four states in North Africa – Tunisia, Egypt, Morocco and Algeria – through one specific lens: A married woman's legal capacity to initiate and obtain divorce without the husband's consent. Building on the works of Stein Rokkan and Reinhard Bendix on the expansion of citizenship to the ‘lower classes’, it is argued that amendments in divorce law by introducing in-court divorce for women, in addition to out-of-court divorce, is a significant institutional change that extends legal equality between men and women. The introduction of in-court divorce expands female citizenship by bolstering woman's juridical autonomy and capacity in state law. Changes in divorce laws are thus part of state centralization by means of standardizing rules that regulate family law through public administrative institutions rather than religious organizations. Two questions are addressed: First, how did amendments in divorce laws occur after independence? Second, in which ways did women's bolstered legal capacity in divorce have a spill over effect on reforms in other patriarchal state laws? Based on observations on sequences of change in four states in North Africa, it is argued that amendments that equalize between men and women in divorce should be seen as a key driver for reforms in other state laws, that reduce legal inequality between male and female citizens. In all four states, women's citizenship was extended in nationality law and criminal law after amendments in divorce law gave women unilateral legal power to exit a marital relationship.

Details

A Comparative Historical and Typological Approach to the Middle Eastern State System
Type: Book
ISBN: 978-1-83753-122-6

Keywords

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