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Book part
Publication date: 26 September 2006

Charles R. Venator Santiago

Giorgio Agamben has used the notion of the state of exception to describe the United States’ detention camps in Cuba. Agamben argues that the use of the state of exception in the…

Abstract

Giorgio Agamben has used the notion of the state of exception to describe the United States’ detention camps in Cuba. Agamben argues that the use of the state of exception in the U.S. can be traced back to President Lincoln's suspension of the right of habeas corpus during the Civil War. This paper suggests that this argument obscures more relevant legal and political precedents that can be found in U.S. territorial legal history. Moreover, while Agamben's argument obscures conceptual distinctions between a state of emergency and a state of exception, his argument also provides resources that can expose the limits of liberal interpretations of the relationship between the State, the citizen, and the law.

Details

Studies in Law, Politics and Society
Type: Book
ISBN: 978-0-76231-323-5

Article
Publication date: 28 June 2023

Stephanie Garibaldi and Felicity Deane

The purpose of this paper is to demonstrate that the national security exception will not allow governments to respond to cyberspace threats within the confines of the world trade…

Abstract

Purpose

The purpose of this paper is to demonstrate that the national security exception will not allow governments to respond to cyberspace threats within the confines of the world trade organization (WTO) rules.

Design/methodology/approach

This paper is a desktop study of international trade laws with a specific focus on the convergence of cybersecurity measures and the national security exception provisions of the WTO.

Findings

The trends towards cybersecurity measures may mean there will inevitably be an evolution of trade norms. The question is, will the collective of the WTO be a part of the evolution, or merely an observer? In the authors’ view, it is crucial that it is the former.

Originality/value

This study makes three contributions. It provides a literature review and discussion on cybersecurity and the impact on trade. It demonstrates that the national security exception provision will not excuse these measures, and it aims to underscore the importance of the WTO as a community of nations where negotiation on important global issues is possible.

Details

Journal of International Trade Law and Policy, vol. 22 no. 2
Type: Research Article
ISSN: 1477-0024

Keywords

Article
Publication date: 16 November 2020

Kamal Jamal Alawamleh and Shadi Helo Abu Helo

This study aims to examine the application of the fraud exception to the autonomy principle that governs the work of letters of credit in both Jordanian and English law. While it…

Abstract

Purpose

This study aims to examine the application of the fraud exception to the autonomy principle that governs the work of letters of credit in both Jordanian and English law. While it has been reiterated that the application of such exception before the English courts is difficult, this study highlights and critically analyzes some of the reasons that lie behind such a difficulty. Moreover, this study compares the English approach with the Jordanian approach to this specific area of law to find out what each can benefit from the approach of the other. The extent to which both approaches have been successful in applying such an exception will be examined thoroughly in this paper.

Design/methodology/approach

To examine how effective is the approaches followed by the English and Jordanian Courts in applying the fraud exception in this context, this work makes use of the secondary data available in this regard as the main method to complete such an examination. By critically analyzing and comparing the various data contained in these sources, this work identifies the problems associated with such approaches.

Findings

This work suggests that while the autonomy principle in letters of credit has what shall maintain its role as an important principle, the fraud exception application shall be facilitated. It further submits that the English Courts attitude to this specific area of law is somehow ambiguous and intertwined as it does not distinguish between two different stages that are existent in this context, namely, the submission of the documents stage “the prerequisite” that in case of submitting genuine, truthful and complying documents would activate the autonomy principle and the following stage which starts after activating the autonomy principle and which to it a fraud exception can be applied.

Originality/value

This work proposes that a beneficiary of a letter of credit shall satisfy a prerequisite before it can be said that he is protected under the autonomy principle. Such a prerequisite dictates that he shall submit genuine, truthful and complying documents to activate the autonomy principle and once the beneficiary submits such documents it can be said that the autonomy principle, which fraud is an exception to it, has been activated. Furthermore, this work proposes that English Courts shall adopt an approach similar to the Jordanian approach in relation to the application of the fraud exception, whereas the latter requires proving neither the beneficiary’s fraudulent intent nor his knowledge of it but rather applies a more realistic test concerned merely with the goods’ quality and quantity.

Details

Journal of Financial Crime, vol. 28 no. 3
Type: Research Article
ISSN: 1359-0790

Keywords

Article
Publication date: 1 December 1995

Heikki Saastamoinen

Discusses exceptions in office work and the link between rules andexceptions in office information systems. After describing the nature ofexceptions, examines their effect on…

1146

Abstract

Discusses exceptions in office work and the link between rules and exceptions in office information systems. After describing the nature of exceptions, examines their effect on rules. Provides a case study of a factory purchasing process, including unmatched invoices, costs, classification and strategic changes.

Details

Information Technology & People, vol. 8 no. 4
Type: Research Article
ISSN: 0959-3845

Keywords

Article
Publication date: 14 November 2017

Ratnaria Wahid

The purpose of this paper is to provide a snapshot and a comparative analysis of copyright exceptions available for libraries. It frames the differences and similarities, leading…

Abstract

Purpose

The purpose of this paper is to provide a snapshot and a comparative analysis of copyright exceptions available for libraries. It frames the differences and similarities, leading to discussion as to what extent copyright exceptions help libraries cater the changing technology.

Design/methodology/approach

This paper introduces the role of copyright exceptions in balancing owners and users interests. It explains evolving libraries activities due to technological development and how copyright exceptions significantly applies. Several factors in Canadian and Malaysian statutes are compared, namely, the rights granted, purposes allowed, beneficiaries affected, works involved, and conditions attached. This signifies to what extent the library exceptions cater to the changing needs and circumstances. It emphasizes the importance of awareness and understanding in order for libraries to serve its role effectively.

Findings

Both countries consider the use of new technologies in its library exceptions. Malaysian statute adopts a general approach which can either be flexibly or rigidly interpreted. Comparatively, Canada adopts a more specific and detail approach that might restrict beneficial activities. This paper calls for extra effort for policy makers to allow more control of digital works that may serve libraries activities.

Originality/value

There has not been any comparative study in the library literature on copyright exceptions for libraries in Malaysia and Canada. This study aims to provoke such discussion and how each country may learn from each others practices. It should be useful to the whole library community, particularly to both countries.

Details

Library Management, vol. 38 no. 8/9
Type: Research Article
ISSN: 0143-5124

Keywords

Article
Publication date: 1 December 2007

AMR A G Hassanein and Halaa M F Afify

This research aimed at identifying the most significant risks relevant to construction contracts of two power station projects in Egypt. These were large scale, fast‐track…

1553

Abstract

This research aimed at identifying the most significant risks relevant to construction contracts of two power station projects in Egypt. These were large scale, fast‐track projects where a multi‐package contracting plan was utilized. Further, the study investigated how risks were perceived and managed by a large sample of Egyptian and international contractors who participated in the execution of these two major projects. A checklist of risk categories was developed to aid contractors in their risk identification effort. The compilation of this checklist identified the following risk categories: 1) owner’s obligations; 2) interface with other contractors; 3) liability risks; 4) financial risks; 5) risks related to changes; 6) technical risks and 7) consortium risks. Research results identified a marked lack of consistency in the contractors’ risk identification effort. Contractors possessing past experience in Egypt were far better able to identify the relevant risks. On the other hand, local Egyptian contractors with vast experience in Egypt but limited project management experience were shown to lack the necessary expertise to properly identify risks and to take the appropriate exceptions. Furthermore, the results revealed that bidders do not include in their proposals their “true” lists of exceptions which represent genuine risks to them.

Details

Journal of Financial Management of Property and Construction, vol. 12 no. 3
Type: Research Article
ISSN: 1366-4387

Keywords

Article
Publication date: 24 June 2020

Magdaline Wanjiru Mungai, Selikem Sebuava Dorvlo, Asaph Nuwagirya and Marlene Holmner

Copyright exceptions promote access to information by users without breaching copyright. This research paper reviews copyright exceptions in Kenya, Ghana and Uganda and how they…

Abstract

Purpose

Copyright exceptions promote access to information by users without breaching copyright. This research paper reviews copyright exceptions in Kenya, Ghana and Uganda and how they influence access to information in libraries. Objectives were to find out the implications of copyright exceptions in Kenya, Ghana and Uganda; advantages and disadvantages of copyright exceptions for libraries; and recommend best practices of copyright exceptions.

Design/methodology/approach

This is a desktop research reviewing empirical literature and incorporating authors' experiential knowledge in their information profession. Authors have interrogated copyright exceptions in their home countries' copyright acts, policy documents and peer-reviewed articles on copyright and information access. They analysed the documents as stated to deduce key recommendations regarding ideal copyright exceptions.

Findings

The study established that copyright exceptions do not always improve access as intended because they are inadequate, ignoring key library functions. Major inconsistencies exist in the exceptions in these countries; key terminologies have not been defined; and the concept is not well understood. Librarians lack sufficient knowledge on exceptions, hence lack self-efficacy in educating users. Kenya, Ghana and Uganda should improve and harmonize their copyright acts to cover key library functions.

Originality/value

This study provides in-depth analysis of historical and modern practices of copyright exceptions in the three countries revealing useful comparative insights. Previous studies looked at the issues from individual countries perspective.

Article
Publication date: 18 October 2011

Tsu‐Ming Yeh

Facing keen worldwide competition, it is not enough for companies to pursue customer satisfaction; they must actively pursue customer delight. This paper seeks to design a…

Abstract

Purpose

Facing keen worldwide competition, it is not enough for companies to pursue customer satisfaction; they must actively pursue customer delight. This paper seeks to design a work‐in‐process (WIP) exception handling system (WIPEHS) not simply measuring on‐time delivery performance for managers to take necessary improvement activities. It helps managers detect abnormal WIP levels in advance, trigger rectifying actions and finally notify pertinent people to coordinate roots causes and preventive means.

Design/methodology/approach

The structure of WIPEHS is proposed and then constructed with a soft package, Vigilance. A typical semiconductor factory is built and production data are simulated to evaluate the effectiveness of WIPEHS.

Findings

Collecting and analyzing results from the simulated typical semiconductor factory, the paper finds that the proposed system can effectively improve on‐time delivery performance; and that durations from a WIP exception detected a WIP exception back to normal and durations between two successive WIP exceptions significantly.

Practical implications

It helps factories outperform due dates, achieving significantly higher performance than prior performance without the production exception handling system, which should greatly please customers.

Originality/value

The proposed WIPEHS provide a total solution for undesirable production variations potentially harmful to due‐date performance. It anticipates WIP exception, notifies pertinent recipients, tracks the progress of exception resolution, and provides a forum for discussion of the root causes.

Details

Kybernetes, vol. 40 no. 9/10
Type: Research Article
ISSN: 0368-492X

Keywords

Article
Publication date: 12 October 2018

Remco Dijkman, Oktay Turetken, Geoffrey Robert van IJzendoorn and Meint de Vries

Business process models describe the way of working in an organization. Typically, business process models distinguish between the normal flow of work and exceptions to that…

Abstract

Purpose

Business process models describe the way of working in an organization. Typically, business process models distinguish between the normal flow of work and exceptions to that normal flow. However, they often present an idealized view. This means that unexpected exceptionsexceptions that are not modeled in the business process model – can also occur in practice. This has an effect on the efficiency of the organization, because information systems are not developed to handle unexpected exceptions. The purpose of this paper is to study the relation between the occurrence of exceptions and operational performance.

Design/methodology/approach

The paper does this by analyzing the execution logs of business processes from five organizations, classifying execution paths as normal or exceptional. Subsequently, it analyzes the differences between normal and exceptional paths.

Findings

The results show that exceptions are related to worse operational performance in terms of a longer throughput time and that unexpected exceptions relate to a stronger increase in throughput time than expected exceptions.

Practical implications

These findings lead to practical implications on policies that can be followed with respect to exceptions. Most importantly, unexpected exceptions should be avoided by incorporating them into the process – and thus transforming them into expected exceptions – as much as possible. Also, as not all exceptions lead to longer throughput times, continuous improvement should be employed to continuously monitor the occurrence of exceptions and make decisions on their desirability in the process.

Originality/value

While work exists on analyzing the occurrence of exceptions in business processes, especially in the context of process conformance analysis, to the best of the authors’ knowledge this is the first work that analyzes the possible consequences of such exceptions.

Details

Business Process Management Journal, vol. 25 no. 5
Type: Research Article
ISSN: 1463-7154

Keywords

Article
Publication date: 19 December 2018

Martina Francesca Ferracane

The paper aims to explore the national security implications of a potential for a World Trade Organization (WTO) dispute on data flow restrictions. It proposes a basic conceptual…

Abstract

Purpose

The paper aims to explore the national security implications of a potential for a World Trade Organization (WTO) dispute on data flow restrictions. It proposes a basic conceptual framework to assess data flows’ restrictions under General Agreement on Trade in Services (GATS) security exception.

Design/methodology/approach

If a case were to be brought before the WTO dispute settlement, the defender could support its case by invoking the security exception. This paper analyzes three main arguments that could be brought up: protection from cyber espionage, protection from cyberattacks on critical infrastructure and access to data needed to prevent terrorist threats. These three cases are analyzed both legally and technically to assess the relevance of restrictions on data flows under GATS security exception. This analysis can, more generally, inform the debate on the protection of national security in the digital era.

Findings

In the three cases, restrictions on data considered critical for national security might raise the cost of certain attacks. However, the risks would remain pervasive and national security would not be significantly enhanced both legally and technically. The implementation of good security standards and encryption techniques appears to be a more effective way to ensure a better response to cyber threats. All in all, it will be important to investigate on a case by case basis whether the scope of the measure (sectors and data covered) is considered proportionate and whether the measure in question in practice reduces the exposure of the country to cyber espionage, cyberattacks and terrorist threats.

Originality/value

This paper represents a contribution to the literature because it is the first paper to address systematically the issue of data flows and national security in the context of a GATS dispute and because it provides a unique perspective that looks both at legal and technical arguments.

Details

Digital Policy, Regulation and Governance, vol. 21 no. 1
Type: Research Article
ISSN: 2398-5038

Keywords

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