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Article

Wayne Edward Lord and Thomas Edward Gray

The purpose of this paper is to examine relevant case law governing the failure and/or success of global or rolled‐up claims, where it is said to be impractical or…

Abstract

Purpose

The purpose of this paper is to examine relevant case law governing the failure and/or success of global or rolled‐up claims, where it is said to be impractical or impossible to demonstrate the links between certain causes of action and the monetary value to be attached to each. The paper proposes a theoretical framework to improve a claimant's prospects of success in advancing a global claim, not only in circumstances where it may be impractical or impossible to provide a breakdown but also where a cost benefit analysis concludes it is reasonable to do so.

Design/methodology/approach

The paper uses traditional doctrinal legal methodology to evaluate judicial statements on the merits of global claims from a number of jurisdictions. The paper also draws on key authorities from the realms of health and safety and professional negligence.

Findings

The cases demonstrate attempts by the court to recognise the problems faced by claimants at the end of a construction contract where their total costs exceed the agreed contract price. The comparative success or failure of a global claim depends on the judicial approach to a number of factors including: impossibility, impracticability, conduct of the claimant and defendant, balance between excessive particularity and basic information, the keeping of records, the costs of claim preparation and apportionment. There remains a significant risk of failure of a global claim but the risk can be reduced significantly provided the claimant conducts a defensible cost benefit analysis of the approach taken.

Practical implications

A global claim can be used more often provided the rationale behind its presentation forms a logical basis. The cost of litigating complex construction contracts can be reduced significantly if global claims can become the norm rather than the exception, provided the claimant conducts a cost benefit analysis and the court concludes the analysis is reasonable and defensible.

Originality/value

Traditional legal theory relies upon the proposition that the claimant must prove that to which he believes he is entitled to such an extent that the defendant's right to know the case it has to meet is satisfied. This paper adds value to the theory by proposing a radical strategy whereby a reasonable claimant can assist the court in finding a factual and logical basis for awarding the whole of a global claim and, where appropriate, by deduction in addition to the principle of apportionment, less than the whole.

Details

International Journal of Law in the Built Environment, vol. 3 no. 3
Type: Research Article
ISSN: 1756-1450

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Article

William E. Shafer and Yves Gendron

The American Institute of Certified Public Accountants (AICPA) recently proposed a global consulting credential involving a diverse set of professions including…

Abstract

Purpose

The American Institute of Certified Public Accountants (AICPA) recently proposed a global consulting credential involving a diverse set of professions including accountancy, business law, and information technology. The proposal was widely debated in the professional literature, and was a divisive issue among CPAs. In late 2001, the AICPA membership voted against any further commitment to the credential. The purpose of this paper is to examine the global credential initiative in an effort to understand why professional jurisdictional claims may fail at the theorization stage.

Design/methodology/approach

The paper relies primarily on a qualitative review and analysis of archival materials and published articles and commentaries relating to the global credential project.

Findings

The analysis indicates that the AICPA failed to establish either the pragmatic or moral legitimacy of the proposed credential in the eyes of the audiences. This failure appears to be attributable to the sociopolitical environment in which the credential was promoted, and to flaws in the rhetoric used by the AICPA to articulate its jurisdictional claim.

Research limitations/implications

The paper demonstrates the importance of legitimacy to the ability to successfully theorize institutional changes.

Originality/value

This paper investigates how the AICPA theorized the global credential knowledge claim, and how theorization failed to persuade the audiences to support the credential.

Details

Accounting, Auditing & Accountability Journal, vol. 18 no. 4
Type: Research Article
ISSN: 0951-3574

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Article

Hans Klein

Stages global elections held in 2000 by the Internet Corporation for Assigned Names and Numbers (ICANN), provide opportunities to test claims of the sceptics of global

Abstract

Stages global elections held in 2000 by the Internet Corporation for Assigned Names and Numbers (ICANN), provide opportunities to test claims of the sceptics of global democracy, and those elections cast doubt on the strong claims of critics. Suggests that analysis shows that democracy in ICANN works well enough to merit an investment of resources to make it better. Concludes ICANN’s global elections starkly manifested the value of democratic governance.

Details

info, vol. 3 no. 4
Type: Research Article
ISSN: 1463-6697

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Book part

Charles Post

This essay is a response to Zak Cope’s defense of the “labor aristocracy” theory of working class reformism and conservatism. Specifically, the essay engages Cope’s claims

Abstract

This essay is a response to Zak Cope’s defense of the “labor aristocracy” theory of working class reformism and conservatism. Specifically, the essay engages Cope’s claims that British colonialism, imperialist investment, and transnational “monopoly” corporations have accrued “surplus-profits” that have underwritten the existence of a “labor aristocracy” historically, and that “unequal exchange” today has transformed almost the entirety of the working classes of the global North into a labor aristocracy. We conclude with a presentation of an alternative explanation of working class reformism and conservatism.

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Article

Baruch Shimoni

This paper claims that global corporations should rethink the concept of cultural control, which relies on an implicit culture, corporate culture, for the control of local…

Abstract

This paper claims that global corporations should rethink the concept of cultural control, which relies on an implicit culture, corporate culture, for the control of local managersș thoughts and behavior. Instead, based on hybridizations of corporate and local management cultures created through personal socialization conducted by Swedish and American corporations in local offices in Thailand and Mexico, the paper offers a perspective for cultural control that views and understands cultures in terms of change and hybridizations.

Details

International Journal of Organization Theory & Behavior, vol. 14 no. 3
Type: Research Article
ISSN: 1093-4537

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Abstract

Details

Structural Survey, vol. 23 no. 1
Type: Research Article
ISSN: 0263-080X

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Book part

Hannah S. Lee and David A. Griffith

This study examines the process of establishing a viable brand in a new foreign market through successful market entry governance by utilizing various types of branding…

Abstract

This study examines the process of establishing a viable brand in a new foreign market through successful market entry governance by utilizing various types of branding alliances to transfer corporate brands. Drawing from corporate illustrations and building upon Ghosh and John's (1999) governance value analysis (GVA) model, a decision model for managers is developed providing theory-based guidance for market entry strategies. Relational governance can be considered as a continuum ranging from strong relational (i.e., joint ventures, co-branding) to weak relational (i.e., joint promotion, marketing alliance) forms. Firms should organize their market entry strategy based upon brand equity resources, specific investments made by the partner, and environmental uncertainty (market volatility and cultural distance), so as to transfer the desired brand image and associations into local markets by maximizing the level of value created and value claimed. This study contributes to the international marketing literature by providing a theoretically strong decision model, supported by corporate examples, of how firms enter markets using various types of brand alliances. It also advances the practice of international marketing in regard to branding by providing insights as to how managers in the global marketplace can effectively transfer brand images and build global brand equity, minimizing firm costs while maximizing the value created and claimed from the brand.

Details

Interdisciplinary Approaches to Product Design, Innovation, & Branding in International Marketing
Type: Book
ISBN: 978-1-78190-016-1

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Article

Yaw A. Debrah and Ian G. Smith

Presents over sixty abstracts summarising the 1999 Employment Research Unit annual conference held at the University of Cardiff. Explores the multiple impacts of…

Abstract

Presents over sixty abstracts summarising the 1999 Employment Research Unit annual conference held at the University of Cardiff. Explores the multiple impacts of globalization on work and employment in contemporary organizations. Covers the human resource management implications of organizational responses to globalization. Examines the theoretical, methodological, empirical and comparative issues pertaining to competitiveness and the management of human resources, the impact of organisational strategies and international production on the workplace, the organization of labour markets, human resource development, cultural change in organisations, trade union responses, and trans‐national corporations. Cites many case studies showing how globalization has brought a lot of opportunities together with much change both to the employee and the employer. Considers the threats to existing cultures, structures and systems.

Details

Management Research News, vol. 23 no. 2/3/4
Type: Research Article
ISSN: 0140-9174

Keywords

Content available
Article

Petra Riefler

This paper aims at investigating the contemporary trend toward regional consumption from the perspective of consumers’ search for brand authenticity. In particular, the…

Abstract

Purpose

This paper aims at investigating the contemporary trend toward regional consumption from the perspective of consumers’ search for brand authenticity. In particular, the paper joins literature on brand authenticity from the marketing literature and literature on the local food movement to investigate consumers’ response to authenticity claims in the competition of local and global food brands.

Design/methodology/approach

The paper engages in a series of three experimental studies; one of which uses a Becker–DeGroot–Marschak lottery to assess individuals’ willingness to pay for authenticity claims of (non)global brands.

Findings

Findings show that authenticity perceptions lead to higher brand value independent of brand globalness; while global brands can mitigate competitive disadvantages in localized consumer markets by actively authenticating their brand image.

Originality/value

This paper reveals the usefulness of authentic brand positioning for global beverage brands when competing with local beverage brands to overcome the liability of globalness. To sustainably benefit from the local food movement, local brands thus will require to build up brand images beyond associations of mere authenticity.

Details

Journal of Consumer Marketing, vol. 37 no. 3
Type: Research Article
ISSN: 0736-3761

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Article

Ralf Barkemeyer and Frank Figge

This paper aims to argue that the on-going professionalization and dissemination of the current wave of corporate social responsibility (CSR) concepts and instruments…

Abstract

Purpose

This paper aims to argue that the on-going professionalization and dissemination of the current wave of corporate social responsibility (CSR) concepts and instruments leads to a headquartering effect, i.e. the concentration of CSR-related decision-making within corporate headquarters. This headquartering effect casts doubt on earlier studies suggesting that the “transnational” or “glocal” model can effectively address the multitude of global and local CSR challenges modern multinational companies (MNCs) face.

Design/methodology/approach

This conceptual paper uses a stakeholder lens, in turn, drawing from resource dependence theory and organizational legitimacy theory to develop under which conditions claims of Southern stakeholders will be considered by Northern MNCs. It provides evidence for the existence of a headquartering effect as a defining characteristic of mainstream CSR approaches.

Findings

The authors argue that the increasing professionalization and dissemination of mainstream CSR approaches among MNCs reinforce the headquartering effect, with strategic decision-making increasingly confined to the companies’ headquarters, while the scope of action within the subsidiaries and the supply chain of MNCs becomes increasingly restricted over time. Ultimately, this headquartering effect strengthens a Northern CSR/sustainability agenda and fails to empower developing country stakeholders.

Originality/value

The paper contributes by exploring how international CSR follows a different underlying rationale than international business. While international business research follows an instrumental perspective, international CSR is driven by both instrumental and normative considerations. Thus, international business theories may not be directly applicable to international CSR contexts.

Details

critical perspectives on international business, vol. 10 no. 3
Type: Research Article
ISSN: 1742-2043

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