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Book part
Publication date: 7 May 2015

Maren Heidemann

In this chapter, the author offers a horizontal comparison of interpretation standards contained in international legal instruments of different origin. These legal instruments…

Abstract

In this chapter, the author offers a horizontal comparison of interpretation standards contained in international legal instruments of different origin. These legal instruments range from international treaties to model laws. They also originate from different law makers such as the United Nations or individual states as well as trade or academic organisations, mainly regulating civil and commercial matters. The author argues that this comparison can provide the basis for the development of a uniform standard in the application of such law, which is often referred to as uniform law because it provides a single source of law to regulate a multitude of situations spanning across national boundaries. The main point of reference is the 1969 Vienna Convention on the Law of Treaties, also known as the VCLT. This UN treaty specifically provides a general interpretation standard. From there newer standards occurring in subsequent uniform laws can be integrated using the lex specialis doctrine. This, in turn, provides opportunities for comprehensive usable methods to be developed for uniform law both in a public and private law settings. These then facilitate transparency, fairness and reasonableness. The correct identification of object and purposes of any given instrument is crucial for the successful interpretation of its content. It is this point that needs further research, and this chapter offers a starting point by providing some detailed examples from a range of uniform laws of varying nature including international sales laws, arbitration laws and Double Taxation Conventions.

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Comparative Sciences: Interdisciplinary Approaches
Type: Book
ISBN: 978-1-78350-456-5

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Book part
Publication date: 19 December 2017

Aliya Hamid Rao

Highly educated and skilled contract workers come from a range of occupations, have different worker characteristics, and work under organizational practices that are precarious…

Abstract

Highly educated and skilled contract workers come from a range of occupations, have different worker characteristics, and work under organizational practices that are precarious in varied ways. Our current understanding of the experience of contract work does not fully encompass this diversity. This chapter focuses on early-career contract workers who contract across national borders – an increasingly prevalent but little understood phenomenon – to broaden our understanding of contract work. I draw on an analysis of 38 in-depth, semi-structured interviews with 30 international and early-career contract workers in the United Nations (UN) system in Geneva, Switzerland. Eight participants were included in follow-up interviews. I find that my participants demonstrate flexibility to their employer. They accept uncertain and short-term contracts, because they hope to secure longer-term positions within the prestigious UN system. Demonstrating flexibility impacts them, their relationships, and has financial implications as participants center the demands of their contracts. At times, participants place limits on how much uncertainty they will bear. This chapter thus illuminates the experiences of an understudied group of contract workers – early-career workers in transnational settings – who fall within the broad umbrella of contract workers. It highlights how even elite workers experience challenges as they engage in contract work.

Book part
Publication date: 14 December 2023

Liangrong Zu

This chapter explores the gap between social expectations and actual sustainability performance in the business world and identifies the root causes of this discrepancy. The…

Abstract

This chapter explores the gap between social expectations and actual sustainability performance in the business world and identifies the root causes of this discrepancy. The author reviews corporate social responsibility (CSR) and sustainability, and their relationship with the Sustainable Development Goals (SDGs). This chapter also compares the connections and differences between the Millennium Development Goals (MDGs) and the SDGs. The author analyzes possible solutions to bridge the gap, including renewing the social contract between businesses, society and institutions. This involves rethinking the role of businesses and institutions in promoting sustainability and creating new systems and structures that incentivize sustainable practices. This chapter concludes by discussing the pathway to a sustainable and inclusive world through systems innovation and change. When embracing a systems thinking approach, individuals and organizations can identify and address the root causes of unsustainability, and create more resilient and sustainable systems that benefit both people and the planet.

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Responsible Management and Taoism, Volume 2
Type: Book
ISBN: 978-1-83797-640-9

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Book part
Publication date: 9 March 2023

Ali Bowes, Alex Culvin and Sarah Carrick

One of the most visible discussion points around international level, professional women's football in recent years has been that of gender equitable payment of players. This…

Abstract

One of the most visible discussion points around international level, professional women's football in recent years has been that of gender equitable payment of players. This chapter presents some of the cornerstones of the equal pay debates at play in women's football. First, the emergence of international women's football as a major force in the global sport nexus is highlighted, which has enabled women to be paid to play football as a profession. Second, the historical roots of equal pay debates are presented, before turning to the most public and high-profile remuneration dispute in the sport of football, that of the USWNT versus the United States Soccer Federation (USSF). In this chapter, we outline how the drawn-out legal process has undoubtedly contributed to greater pay parity on the international stage for many professional women footballers and conclude the chapter by offering our thoughts as to the significance, and future, of gendered pay debates in football.

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Women’s Football in a Global, Professional Era
Type: Book
ISBN: 978-1-80071-053-5

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Book part
Publication date: 15 July 2009

Maraike Wenzel and Sami Faltas

On December 24, 1989, an armed insurrection began in Liberia. Charles Taylor, a former government official, led a rebel force, the National Patriotic Front of Liberia (NPFL), into…

Abstract

On December 24, 1989, an armed insurrection began in Liberia. Charles Taylor, a former government official, led a rebel force, the National Patriotic Front of Liberia (NPFL), into the north-eastern Nimba County. A breakaway faction, the Independent National Patriotic Front (INPFL), led by Prince Yormie Johnson gained control of central Monrovia – the capital – and killed the President Samuel Doe. The Economic Community of West African States (ECOWAS) intervened in August 1990, sending monitoring troops (the ECOWAS Military Observer Group, ECOMOG), and convened a national conference which elected an Interim Government of National Unity. In October 1990, ECOMOG established a neutral zone in Monrovia where Dr. Amos Sawyer was installed as Interim President in November. Various different factions and opposition groups were formed and clashes between the rebel groups and the Liberian army continued.

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Putting Teeth in the Tiger: Improving the Effectiveness of Arms Embargoes
Type: Book
ISBN: 978-1-84855-202-9

Book part
Publication date: 19 September 2006

Teresa Rodríguez de las Heras Ballell

EU competition policy may be explained as a system: an organized set of objectives, rules, functions, procedures and authorities, acting in unity. A system is a complex reality…

Abstract

EU competition policy may be explained as a system: an organized set of objectives, rules, functions, procedures and authorities, acting in unity. A system is a complex reality, immersed in a complex context and permanently changing to overcome its dysfunctionalities and to adapt itself to environmental challenges. Globalization is its major challenge today. This paper proposes to understand globalization from four viewpoints. EU competition policy should respond to an evolutionary, contradictory, relative and systemic globalization. The aim of this paper is to identify the responses adopted in order to react to all these different dimensions of globalization.

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European Responses to Globalization
Type: Book
ISBN: 978-0-76231-364-8

Book part
Publication date: 3 October 2012

Donna Lee and Huub Ruël

These structural, economic and political developments in the global economy go a long way to explaining the expansion of commercial diplomacy activities by nations. On the one…

Abstract

These structural, economic and political developments in the global economy go a long way to explaining the expansion of commercial diplomacy activities by nations. On the one hand, nations use commercial diplomacy to expand trade and investment in the context of declining economic policy sovereignty. The creation of the WTO in 1995 led to an extension of the rules and regulations of international trade and trade-related matters (including the financial services industry). This leaves national economic policy-making severely restricted. Expanding commercial diplomacy to secure new export markets and new inward investments becomes a necessary political tool for nations competing for new markets. When these new markets are in nations where the formal institutional context for doing business is underdeveloped or non-existent or where much of the economy is under state control, the need to expand and develop commercial diplomacy is all the more important.

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Commercial Diplomacy and International Business: A Conceptual and Empirical Exploration
Type: Book
ISBN: 978-1-78052-674-4

Book part
Publication date: 19 April 2017

Kjell Carlsson

This paper examines whether firms choose to source from multinational (MNC) suppliers instead of local suppliers as a means of overcoming weak contract enforcement institutions…

Abstract

This paper examines whether firms choose to source from multinational (MNC) suppliers instead of local suppliers as a means of overcoming weak contract enforcement institutions and as a means of accessing supply chain management capabilities. It uses a unique dataset of international contract manufacturing orders constituting the global supply chains of many of the world’s largest brands in footwear, sportswear, and apparel. It finds strong evidence that buyers are more likely to source from MNC suppliers in countries where contract enforcement is weak and when they have less experience sourcing from a given country. Further, it finds evidence that buyers are more likely to source from MNC suppliers when they source a wider variety of products, have smaller supplier networks, or have smaller order volumes.

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Geography, Location, and Strategy
Type: Book
ISBN: 978-1-78714-276-3

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Book part
Publication date: 13 September 2023

Ambareen Beebeejaun and Rajendra Parsad Gunputh

E-commerce is gaining popularity across the globe and Mauritian businesses are also increasingly making use of online platforms to engage in cross-border electronic transactions…

Abstract

E-commerce is gaining popularity across the globe and Mauritian businesses are also increasingly making use of online platforms to engage in cross-border electronic transactions. However, there are several implications arising from online trading which need to be addressed, among which one is the validity of e-contracts. This research will therefore emphasise on two main components of e-contracts: choice of law and the applicable jurisdiction. While Mauritian laws were amended to give effect to digital signatures and e-agreements, there is no extensive or substantive domestic legal provision on choice of law and jurisdiction. Hence, the purpose of this study is to advocate for a greater clarity on the legal framework governing the applicable law and jurisdiction governing a conflict situation in e-contracts, with the view of increasing trust in international e-commerce and to bring in consistency with international commercial relations. This study will be carried out in the Mauritian context by adopting the black letter approach which will analyse the relevant rules and regulations concerning e-contract formation and validity. Additionally, a comparative analysis will be conducted on the legal framework relating to the applicable law and jurisdiction in e-contracts for selected countries: the European Union and the United States. These countries have been chosen for the comparison due to their high involvement in e-commerce and their advanced as well as comprehensive rules on e-commerce.

Book part
Publication date: 5 October 2018

Ernest Effah Ameyaw and Albert P. C. Chan

Allocating risk in public–private partnership (PPP) projects based on public–private parties’ risk management (RM) capabilities is a condition for success of these projects. In…

Abstract

Allocating risk in public–private partnership (PPP) projects based on public–private parties’ risk management (RM) capabilities is a condition for success of these projects. In practice, however, risks are allocated to these parties beyond their respective RM capabilities. Too much risk is often assigned to the private or public party, resulting in poor RM and costly contract renegotiations and terminations. This chapter proposes a methodology based on fuzzy set theory (FST) in which decision makers (DMs) use linguistic variables to assess and calculate RM capability values of public–private parties for risk events and to arrive at risk allocation (RA) decisions. The proposed methodology is based on integrating RA decision criteria, the Delphi method and the fuzzy synthetic evaluation (FSE) technique. The application of FSE allows for the introduction of linguistic variables that express DMs’ evaluations of RM capabilities. This provides a means to deal with the problems of qualitative, multi-criteria analysis, subjectivity and uncertainty that characterise decision-making in the construction domain. The methodology is outlined and demonstrated based on empirical data collected through a three-round Delphi survey. The public–private parties’ RM capability values for land acquisition risk are calculated using the proposed methodology. The methodology is helpful for performing fuzzy-based analysis in PPP projects, even in the event of limited or no data. This chapter makes the contribution of presenting a RA decision-making methodology that is easy to understand and use in PPP contracting and that enables DMs to track calculations of RM capability values.

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