Search results

This paper explores the experience of “Shari’a” as non-state law in the English courts through a historical analysis of past Islamic finance dispute resolutions (IFDRs). This paper aims to propose a conceivable scenario relating to the law applicable in international commercial contracts in the English courts with the emergence of the Hague Principles 2015.

This paper addresses several issues that have been raised in English case law: doubts about the legal nature of “Shari’a” as non-state law; the limits placed on freedom of choice of “Shari’a” law by the application of a single legal system; and the distinction between application of law and incorporation by reference of “Shari’a” in IFDRs. The paper then analyses the conformity of “Shari’a” with the provisions now used to resolve Islamic finance disputes (trade and investment) in the English courts, using an empirical analysis of The Accounting and Auditing Organization for Islamic Financial Institutions standards.

The paper provides that, in theory, “Shari’a” standards could play a significant role in IFDRs after Brexit, even though a gap persists in practice because the Hague Principles 2015 have not yet been adopted by the English legal system.

The study focuses on the English courts and shows how the IFDRs could be resolved with the emergence of Hague Principles 2015 in the post-Brexit era.

To the best of the author’s knowledge, this paper appears to be the first paper to provide a conceivable scenario relating to the future of the IFDRs in the English courts.

The purpose of this paper is to develop a model to analyse what personality traits impact entrepreneurial cognitive and social strategic decision-making skills, originating from the effectuation framework.

A total of 128 participants from an entrepreneurial pre-launch programme were assessed by experienced incubator and business coaches. Personality was measured by a Big Five test. Based on a confirmatory factor analysis, the relationships were analysed between personality and three core dimensions of the effectuation framework: the bird-in-hand principle, the crazy quilt principle and the pilot in the plane principle.

Specific patterns (moderation effects) as opposed to levels of personality traits proved to be relevant. The bird-in-hand and the crazy quilt principles are related to the moderating effect between sensitivity to feedback, sociability and ambition. The pilot in the plane principle was related to the whole pattern of entrepreneurial key qualities embedded in the extraversion domain. Furthermore, relationships of personality with key issues in the effectuation framework were found, examples being reflecting on a high diversity of means or on own talents, conducting a thorough risk analysis and engaging in inspirational networking. The final model revealed a direct positive influence of the capacity to conduct a thorough risk analysis on the overall capacity to apply the effectuation principles.

A limitation of this study is the exclusion of the lemonade principle from the final model. This being based on unsatisfying model fit indices. Another limitation is the cross-sectional design, as well as the chosen research context: the pre-launch entrepreneurial programme.

The research results shed a light on the impact that personality plays in adoption of effectual decision making.

The effectuation framework is widely used by individual entrepreneurs, SMEs and start-ups, to design innovative business models or implement an up-scaling strategy.

Little is known about the underlying mechanisms of the effectuation framework. Moreover, evidence-based insights are offered to entrepreneurs that intent to mobilise effectual behaviours.

Older people with dementia (OPD) have specific housing and technology-related needs, for which various design principles exist. A model for designing environments and its constituting items for people with dementia that has a firm foundation in neurology may help guide designers in making design choices. The paper aims to discuss these issues.

A general design model is presented consisting of three principles for OPD, namely designing for ageing people; designing for a favourable state and designing for beautiful moments. The neurosciences as a whole give shape to an eminent framework explaining the behaviour of OPD. One of the objectives of this paper is to translate the design principles into design specifications and to show that these specifications can be translated in a design.

Philosophical concepts are introduced which are required to understand design for OPD. Four case studies from Dutch nursing homes are presented that show how the theory of modal aspects of the philosopher Dooyeweerd can be used to map design specifications in a systematic way.

These examples of design solutions illustrate the applicability of the model developed in this article. It emphasises the importance of the environment for supporting the daily life of OPD.

There is a need for a design model for OPD. The environment and technology should initiate positive behaviours and meaningful experiences. In this paper, a general model for the designing of environments for OPD was developed that has a firm foundation in neurology and behavioural sciences. This model consists of six distinct steps and each step can be investigated empirically. In other words, this model may lay the foundation for an evidence-based design.

This paper analyses how neighbourhood governance of social care affects the scope for frontline workers to address health inequities of older ethnic minorities. We critically discuss how an area-based, generic approach to service provision limits and enables frontline workers' efforts to reach out to ethnic minority elders, using a relational approach to place. This approach emphasises social and cultural distances to social care and understands efforts to bridge these distances as “relational work”.

The authors conducted a two-year multiple case study of the cities of Nijmegen and The Hague, the Netherlands, following the development of policies and practices relevant to ethnic minority elders. They conducted 44 semi-structured interviews with managers, policy officers and frontline workers as well as 295 h of participant observation at network events and meeting activities.

Relational work was open-ended and consisted of a continuous reorientation of goals and means. In some cases, frontline workers spanned neighbourhood boundaries to connect with professional networks, key figures and places meaningful to ethnic minority elders. While neighbourhood governance is attuned to equality, relational work practice fosters possibilities for achieving equity.

Further research on achieving equity in relational work practice and more explicit policy support of relational work is needed.

The paper contributes empirical knowledge about how neighbourhood governance of social care affects ethnic minority elders. It translates a relational view of place into a “situational” social justice approach.

This chapter seeks to investigate the journey of breast and bowel cancer patients at the HMC Antoniushove. It zooms in on specific touch points and the possibilities for improvements. Furthermore, it elucidates the learning process and more particular the dissemination between the hospital (staff and medical students) and hospitality students and professionals and emphasizes that looking from different perspectives and various disciplines is beneficial for all the stakeholders involved in hospitals.

Diseases are increasingly chronic; patients are more demanding and competition between different hospitals is increasing. That is why, in addition to excellent medical treatment, excellent service (referred to here as hospitality) is becoming increasingly important in the healthcare sector, including in hospitals. What does it have to meet? What do patients appreciate, what needs to be improved and how can these improvements be designed and implemented with the involvement of both patients and hospital staff?

Medical and hospitality students collaborated in this project analysing and describing the journey of patients with breast and bowel cancer. They examined the patient journey and elucidated the touch points, which patients indicated as critical during their ‘journey’.

Most important finding resulted from the learning process of this collaboration and the insight gained, a greater awareness and understanding of the non-medical needs and wishes, i.e. hospitality, of patients. Furthermore, the mutual understanding between the evidence-based stance of thinking of medical students and hospital staff at the one side and the more on soft skills–focused attitude of hospitality students on the other hand increased.

During the four years of preliminary meetings that led to the 1977 Protocols Additional I and II governing internal armed conflict, the prohibitions against superfluous injury and unnecessary suffering – two concepts that gird the regulation and moderation of war and limit the use of certain means and methods of warfare – were invoked as a means of calling into account the actions of imperial states. These meetings took place in the context of the conflicts in Southeast Asia, following the wars of decolonization and national liberation in the 1950s and 1960s. The participants in these meetings were freedom fighters and liberation movements who used this forum, which was open to them for the first time, to push for a wider understanding of the concepts of superfluous injury and unnecessary suffering. Their intention was to hold imperialism and imperial states accountable for suffering and injury beyond that of physical death or wounding and to recognize the violence of colonization and the social and cultural devastation it brought. These interventions were a critical attempt to broaden and deepen the meaning of the laws of war, to make them responsive to more than established sovereign state violence, and to ensure that they reflected the experience of colonization/decolonization. This episode matters because the prohibitions against unnecessary suffering and superfluous injury are two elements that detail the general prohibition first codified in 1907 Hague Convention IV, Article 22, namely that the “the right of belligerents to adopt means of injuring the enemy is not unlimited.” However, the history and formulation of these two concepts has yet to be fully explored, the meaning of each is debated, and taken together the two are among “the most unclear and controversial rules of warfare.”

This paper aims to determine the adaptability of China’s legal system in recognizing and enforcing foreign judgements in China.

Academic articles, case law and books are examined as are relevant reports by various regulatory authorities and organizations.

Historically, Chinese courts have strictly adhered to “de facto reciprocity”, which made it difficult for foreign judgements to be recognized and enforced in China. Fortunately, Chinese courts have since abandoned their rigid adherence to de facto reciprocity, and have instead, used flexible tests of reciprocity such as de jure reciprocity, reciprocal commitment and reciprocal understand/consensus. Accordingly, this would facilitate the recovery of stolen assets, as there is a lower threshold for the recognition and enforcement of a foreign judgement.

There are limited data available in relation to the recognition and enforcement of foreign judgements pertaining to the recovery of stolen assets. Any discussions within this paper are based on the impressionistic observations of this author, which may not reflect the true state of affairs within the Belt and Road Initiative.

Those who are interested in examining the viability in recognizing and enforcing foreign judgements relating to stolen assets will have an interest in this topic.

The value of the paper is to demonstrate the difficulties in recognizing and enforcing foreign judgements in China in relation to stolen assets.

This chapter provides a few practical cases in the framework of selected global challenges from the experience of a practitioner – commercial diplomat that have been chosen according to the combination of relevant experience and legitimacy issues.

This empirical study has no conceptual or big theoretical ambitions. The approach of a multiple case study was chosen as it provides a high-level view of different cases and questions describing practical aspects of selected theoretical topics in the work of a commercial diplomat in the framework of the International Business. Thus the simple narrative descriptions are shown below to provide some important or interesting elements in order to yield different and practical details of Business and Commercial diplomacy which are often different from the theoretical conclusions and outcomes. Hence, some challenges have been selected and analysed as it is assumed that narrative may provide a good insight into the decision-making and into the processes of Business and Commercial diplomacy.

It covers the role of the commercial diplomacy in the EU, the challenges of limited capacities, the comparison of OECD guidelines versus EU acquis communautaire, the sustainable development in the EU and in developing countries, the impact and potential of digitalisation, some notes on the tax avoidance and the importance of public–private partnership.

This study provides practical context for some global challenges and issues from the point of view of a commercial diplomat. There is also a trial for the new definition of Commercial diplomacy and comparison of approaches of Business, Commercial and Trade diplomacy to these issues.

Teaching formats for both BA/MA students and MBA/PhD students in sustainable entrepreneurship and strategic management are offered in the teaching notes.

This case juxtaposes the company’s core values of gender equality, sustainability and inclusivity, with the financial pressures of expanding global operations in COVID-19 times.

This case illustrates the founding and growth of i-did in the broader context of the global circular textile industry. Being the first company that reclaims value of discarded textiles by making design products out of felt, the dilemma is on how i-did can create a blueprint for sustainable leadership in a scalable (financial) business case.

The learning outcomes of this case are as follows: to understand the concepts of circular economy and social impact and how they can be translated to business; to apply their knowledge of strategy and entrepreneurship for sustainable business innovation; to be able to analyze a company according to the Sustainable Development Goals, specifically around gender issues, inclusivity and diversity; to evaluate opportunities for multiple value creation in business; and to have the knowledge and capacity to create a circular business with the help of the Business Model Template.

This case engages students in critically reflecting on sustainability concepts in relation to i-did (theoretical value) and applying novel business model innovation tools to a real-world enterprise (practical value). The students get the chance to explore the ethical challenges the two entrepreneurial leaders face between short-term economic gains (or maybe even survival) and their core values of (gender) inclusivity, circularity and diversity.

Teaching notes and a summarizing two-pager are available for educators.

CSS 3: Entrepreneurship.