Search results

In recent years, the European Commission and various Member States, citing increasingly integrated markets and higher levels of cross-border activity within the European Union (“E.U.”), have called for the adoption of effective collective redress mechanisms for victims of violations of E.U. law. Although many Member States have already adopted collective action procedures under national law, these procedures have been ineffective in stimulating private enforcement of E.U. law and are often divergent in their approach to consolidating claims. E.U. lawmakers, after a lengthy period of investigation and study, have identified a set of guiding principles for the Member States to use in enacting new collective redress procedures within their national systems. The studies and papers solicited from the public during the Commission’s deliberations are explicit in their rejection of the U.S.-style opt-out class action mechanism. In their effort to avoid similarly calamitous results, European lawmakers propose that Member States adopt “opt-in” class actions, while rejecting many of the economic incentives that some believe lead to filing nonmeritorious claims, such as punitive damages and contingency fee arrangements. The European proposal is unlikely in the authors’ view to stimulate private enforcement of European law or increase victims’ access to compensation, given the flaws inherent in the opt-in class action device. Instead of looking to adopt a “U.S.-lite” approach to victim redress which is fundamentally incompatible with many judicial systems within the E.U., the authors propose that Europeans consider adopting a regulatory administered compensation system, modeled after such U.S. examples as the Securities and Exchange Commission Fair Funds and the September 11th Victim Compensation Fund. The authors also propose that regulatory administered funds can provide more effective and efficient restitution to victims than traditional litigation.

In this chapter I consider the need for consent in two cases of posthumous donation of parts of one’s body: organ donation and the donation of sperm to allow one’s partner to conceive a child after one’s death. What kind of consent is appropriate in these cases and why? In both cases, jurisdictions tend to prefer explicit consent, although many countries now adopt presumed consent (opt-out) in the case of organ donation, and there has been a recent plea for presumed consent in the case of sperm donation as well. In this chapter I first argue that arguments in favour of presumed consent are inadequate as they stand, and then describe another way of understanding opt-out schemes, one that focuses on different models of what is at stake and on the ethical requirements incurred on such models.

Social media provides researchers with easy access to rich, real-time data that offers insight into both public opinion and the role of social media in public life. However, to date, good practice in analyzing social media has been led by what is technically possible and commercially viable. This chapter seeks to reverse that trend and is the result of a year-long study ‘Wisdom of the Crowd’ by Ipsos MORI, Demos, the University of Sussex and CASM Consulting to examine the ethical landscape surrounding aggregated social media research. Based on a review of the legal and market research regulatory landscape in the UK and a program of primary research with experts, members of the public and social media users, this chapter provides a series of constructive and practical recommendations on how to improve ethical standards in this field. Drawing on the context of public ethics, the recommendations provide advice to researchers, regulators, and social media organizations on how they can help to restore trust in social media research and better safeguard social media users.

Indigenous entrepreneurship and hybrid venture creation represents a significant opportunity for Indigenous peoples to build vibrant Indigenous-led economies that support sustainable economic development and well-being. It is a means by which they can assert their rights to design, develop and maintain Indigenous-centric political, economic and social systems and institutions. In order to develop an integrated and comprehensive understanding of the intersection between Indigenous entrepreneurship and hybrid ventures, this chapter adopts a case study approach to examining Indigenous entrepreneurship and the underlying global trends that have influenced the design, structure and mission of Indigenous hybrid ventures. The cases present how Indigenous entrepreneurial ventures are, first and foremost, hybrid ventures that are responsive to community needs, values, cultures and traditions. They demonstrate that Indigenous entrepreneurship and hybrid ventures are more successful when the rights of Indigenous peoples are addressed and when these initiatives are led by or engage Indigenous communities. The chapter concludes with a conceptual model that can be applied to generate insights into the complex interrelationships and interdependencies that influence the formation of Indigenous hybrid ventures and value creation strategies according to three dimensions: (i) the overarching dimension of indigeneity and Indigenous rights; (ii) indigenous community orientations and (iii) indigenous hybrid venture creation considerations.

This chapter explores how power obtained from societal hierarchies of gender, race, and economic status is covertly used by individuals within relationships, further maintaining systems of stratification. The case of marriage is used to examine how social stratification translates into and is reinforced within even the most intimate relationships in terms of control over decision making. Analysis of in-depth interviews with black and white wives in same-race and interracial marriages illustrates how economic inequality affects who makes what decisions within marriage and how race affects what decisions are made. In the midst of income and racial inequality, socialized gender roles dictate which spouse controls certain arenas versus others. Gender norms operate covertly to affect decision making dynamics through mechanisms of availability, areas of knowledge, and preference.

Deregulation and other factors permit and encourage financial institutions to become more integrated, both within their own (financial) industries, such as banking and insurance, and across these industries. Financial regulators have responded with like integration. As financial institutions increasingly compete with firms from other industries and areas, financial regulators similarly compete more across borders. The resulting competition in financial regulation enhances innovation, choice, and efficiency. The advent of home-run regulation, which in general allows financial institutions to adhere only to the financial regulations of their home area and is spreading across the US and Europe, may allow numerous regulatory regimes within a given market.

This chapter considers the application of climate mitigation policies to the aviation sector with reference to the inclusion of aviation in the EU Emissions Trading System (EU ETS). Assessments of the possible economic impacts of including aviation in the EU ETS are reviewed and an impact analysis using the macroeconometric E3ME model is conducted.

The aviation sector is a significant and rapidly increasing source of GHG emissions. Because international policy measures have not been agreed, the EU has incorporated aviation in the EU ETS. It is therefore important to consider the possible economic effects of the ETS on the aviation industry and the wider economy.

The paper describes the approach used by the EU to include aviation in the EU ETS. Assessments of economic impacts have been made, but have often been limited in their approach. The paper complements the existing literature by including an economic analysis using the E3ME macroeconometric model of the EU that covers 41 industrial sectors including aviation.

Microeconomic and macroeconomic assessments show the economic impacts of including the aviation sector in the EU ETS are small. The negative impacts, if any, on EU GDP and the air transport sector’s economic output are less than 0.1% and 1% respectively. Distortions in competition, both between countries and industrial sectors, are therefore likely to be small.

In the long term (beyond 2020), including aviation in the EU can be seen as a positive move. If and when aviation is fully included in the EU ETS, and when the cost impacts of GHG emissions through permit prices are made evident, it is anticipated that airlines will start monitoring and reducing their GHG emissions by investing in new, less carbon intensive technologies.

This chapter explores the discourse and phenomenon of ‘early school leavers’ (ESL) through a policy lens from the United Kingdom, Norway and Denmark and from an international critical theoretical perspective. We look at political documents to find out how ESL and the young people involved are perceived. This chapter will equip the reader with an overview of a range of frames on ESL and the impact those have on societal attitudes, educational practices and, ultimately, young people.

This chapter considers how social capital is evolving in the era of globalization today especially under COVID-19 pandemic conditions globally. Definitions of social capital have varied: some broad others narrow. The Organisation for Economic Co-operation and Development (OECD), for example, currently has a broad research project on social capital. These researchers have defined social capital as comprising four key areas. These areas are:

• Personal relationships, referring to the structure of people’s social networks.

• Depth and breadth of social network support available to each person in their networks.

• Civic engagement activities such as volunteering and community action.

• Beliefs, attitudes, and action frames of reference such as trust and cooperative norms, of reciprocity.

Personal relationships, referring to the structure of people’s social networks.

Depth and breadth of social network support available to each person in their networks.

Civic engagement activities such as volunteering and community action.

Beliefs, attitudes, and action frames of reference such as trust and cooperative norms, of reciprocity.

Thus, there are tacit as well as explicit aspects of social capital though some of these may seldom if ever be articulated and delineated for others.

As Claridge (2020) indicates, there are distinct, but dynamically interrelated, levels of social capital. These levels range between the micro- or individual level. That is personal “habitus” – which Bourdieu (1977) describes as a person’s “taken-for-granted” – ways of being, thinking, and reacting to events and to other people. Then, the next level above the individual is the meso-level, which is “how things are done here amongst us,” that is, the level of a group’s social capital (such as a team, or an organizational or local community level). Lastly, and wider still, the top level is the macro- or cultural-societal structural level of the nation.

The social capital systems in any location encompasses sets of acceptable or culturally legitimated behavioral norms and rules of engagement between community members which include types of greetings, forms of cooperation, communications, and signaling between diverse members. Thus, social capital may be present in the tacit, or unspoken/taken-for-granted assumptions as much as in explicit or formalized codes of behavior. The forms of social interactions at each of the levels may have norms for specific types communication and address in particular sets of circumstances such as social gatherings at home or in public or when attending communal gatherings or ceremonial occasions, or between people of different social status. Social capital generates trust and social cohesion and some level of cultural and attitudinal consensus and interest, which in turn delivers a stable environment for the local community or larger society, business, or the economy.

• (1)

  Social capital is the development of relationships that help contribute to a more efficient production of goods and services as there is embedded trust, embodied in practice, that is, in behaviors regarded as trustworthy and socially helpful.

• (2)

  There are three types of social capital at each level of interaction – bonding, bridging, and linking. Bridging and linking are similar though they operate in different directions socially. Bonding social capital describes the connections between people in similar social levels or groups of people who share the same characteristic norms and beliefs, whereas linking social capital facilitates connects between different groups.

• (3)

  Social capital can therefore make or break businesses, especially small businesses or start-ups as those with the right kind and amount of social capital, such as good connections and contacts in the trade or profession, can usually thrive as they are able to get work done more quickly, effectively, and efficiently. Conversely, a lack of social capital denoting some distrust between groups can undermine social stability.

Social capital is the development of relationships that help contribute to a more efficient production of goods and services as there is embedded trust, embodied in practice, that is, in behaviors regarded as trustworthy and socially helpful.

There are three types of social capital at each level of interaction – bonding, bridging, and linking. Bridging and linking are similar though they operate in different directions socially. Bonding social capital describes the connections between people in similar social levels or groups of people who share the same characteristic norms and beliefs, whereas linking social capital facilitates connects between different groups.

Social capital can therefore make or break businesses, especially small businesses or start-ups as those with the right kind and amount of social capital, such as good connections and contacts in the trade or profession, can usually thrive as they are able to get work done more quickly, effectively, and efficiently. Conversely, a lack of social capital denoting some distrust between groups can undermine social stability.

The meso- or macro-levels of bridging type social capital ensures acceptance of established social roles locally and linking forms of social capital boost levels of acceptance of other roles such as those of leaders and followers.

All three forms of social capital and the three levels are not mutually exclusive but instead are mutually inclusive and interrelated. That is, they co-evolve, each impacting the other while dynamically interacting with the social capital anchored as it is emerging from the complex and interwoven fields of tacit and explicit norms of social interaction underpinning each of the levels of interaction over time.