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21 – 30 of over 23000The aim of this article is to formulate and represent some common characteristics about conflict of interest as a global legal occurrence. All the conclusions made here are based…
Abstract
Purpose
The aim of this article is to formulate and represent some common characteristics about conflict of interest as a global legal occurrence. All the conclusions made here are based upon 11 European countries legislations. As do similarities so do differences in every separate legislation give us the reasoning that there is a common European model on conflict of interest. The aim of the article is to provoke a discussion on this topic which is to help creating a new and better European legislation in the field of conflict of interest.
Design/methodology/approach
The basic methods used for writing the article are comparison and analysis on the judicial system concerning conflict of interest in the treated European countries.
Findings
Conflict of interest is extremely important governmental instrument in the fight against corruption and spending funds or using public properties for private purposes. Besides some of the analyzed countries, i.e. Germany, where such an act is treated as a crime according to the criminal code, the conflict of interest is an administrative offence. Finding conflict of interest is a matter in the field of administrative control, so when there is a conflict of interest, it follows that administrative punishment should be enforced. There exists a conjunction between the substantive staff dealing with conflict of interest in much of the mentioned countries. Two main types of finding were described – by a specialized governmental body or by the appointment authority or by some other internal for the departmental system body.
Originality/value
The article claims that conflict of interest aims for higher public trust towards institutions and to consolidate democracy. As far as conflict of interest is often applied when the concern is spending a considerable funds, including supranational, there comes the question for the need of a new supranational legislation. A review was made on the conflict of interest in European countries. Free movement of people, goods and capital in EU boundaries demands a broadening of the existing legislative system.
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This paper aims to understand the emergence, operation and evolution of judge-centred models for the enforcement of competition law in Ireland and in Hong Kong SAR. The public…
Abstract
Purpose
This paper aims to understand the emergence, operation and evolution of judge-centred models for the enforcement of competition law in Ireland and in Hong Kong SAR. The public enforcement model in Hong Kong chimes with the Irish regime where competence to adjudicate on competition law violations and to impose sanctions is intentionally reserved exclusively to judges. This design choice renders the Irish and Hong Kong regimes both similar to each other and atypical on the global stage, where in many jurisdictions an administrative competition agency investigates suspected infringements, makes determinations of infringements and may penalise infringers.
Design/methodology/approach
This paper starts by detailing the current competition law architecture in each jurisdiction. Then, it examines closely the discourse (expressed in consultations, experts’ reports and Parliamentary documents) in the lengthy period preceding their introduction. This approach aims, firstly, to understand why judicial models were chosen over more familiar administrative ones and, secondly, to unearth any similar concerns which had a bearing on the choice of atypical design. Next, it analyses some implications of the judicial model in operation for, firstly, parties; secondly, the administrative competition agencies; and, thirdly, the evolution of competition law.
Findings
It finds the existence of similar concerns surrounding due process/separation of power arose in each jurisdiction. Other similar strands include a sluggish political appetite which delayed reform. Each jurisdiction actively sought to inform itself about international experience but did not feel obliged to copy the enforcement dimension even where substantive prohibitions were persuasive.
Research limitations/implications
It shines a light on the independent response by two small Common Law jurisdictions, which does not converge with popular administrative international models of competition law enforcement.
Practical implications
It is hoped that the decades-long experience in Ireland may interest those involved in Hong Kong competition law, which is at a comparatively fledgling stage of development.
Originality/value
This is an original research and appears to be the first paper exploring the atypical approaches taken in Hong Kong SAR and Ireland to designing locally suited regimes for the enforcement of competition law.
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The sudden rise of the socio-political importance of security that has marked the twenty-first century entails a commensurate empowerment of the intelligence apparatus. This…
Abstract
The sudden rise of the socio-political importance of security that has marked the twenty-first century entails a commensurate empowerment of the intelligence apparatus. This chapter takes the Investigatory Powers Act 2016 as a vantage point from where to address the political significance of this development. It provides an account of the powers the Act grants intelligence agencies, concluding that it effectively legalizes their operational paradigm. Further, the socio-legal dynamics that informed the Act lead the chapter to conclude that Intelligence has become a dominant apparatus within the state. This chapter pivots at this point. It seeks to identify, first, the reasons of this empowerment; and, second, its effects on liberal-democratic forms, including the rule of law. The key reason for intelligence empowerment is the adoption of a pre-emptive security strategy, geared toward neutralizing threats that are yet unformed. Regarding its effects on liberal democracy, the chapter notes the incompatibility of the logic of intelligence with the rule of law. It further argues that the empowerment of intelligence pertains to the rise of a new threat-based governmental logic. It outlines the core premises of this logic to argue that they strengthen the anti-democratic elements in liberalism, but in a manner that liberalism is overcome.
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Richard L. Brinkman and June E. Brinkman
The Berle and Means thesis focuses on a managerial revolution in which corporate control came to be transferred from owners to managers. Currently, it is arguable that control of…
Abstract
The Berle and Means thesis focuses on a managerial revolution in which corporate control came to be transferred from owners to managers. Currently, it is arguable that control of corporate policy has shifted back to owners in what has come to be called “investor capitalism.” Stock market manipulators, as owners, have currently come to assert increased levels of control over CEO autonomy. This empirical reality appears in a vicious circle culminating in excessive CEO profits. The result has been to give support to a basic Veblenian assertion that imbecile business institutions hold sway to direct and dominate the economic process. In this process, the making of money rather than the production of goods serviceable for basic human needs have increasingly come to prevail over the US economy and culture.
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“All things are in a constant state of change”, said Heraclitus of Ephesus. The waters if a river are for ever changing yet the river endures. Every particle of matter is in…
Abstract
“All things are in a constant state of change”, said Heraclitus of Ephesus. The waters if a river are for ever changing yet the river endures. Every particle of matter is in continual movement. All death is birth in a new form, all birth the death of the previous form. The seasons come and go. The myth of our own John Barleycorn, buried in the ground, yet resurrected in the Spring, has close parallels with the fertility rites of Greece and the Near East such as those of Hyacinthas, Hylas, Adonis and Dionysus, of Osiris the Egyptian deity, and Mondamin the Red Indian maize‐god. Indeed, the ritual and myth of Attis, born of a virgin, killed and resurrected on the third day, undoubtedly had a strong influence on Christianity.
The article has the purpose of looking back to the founding of the European Union (EU).
Abstract
Purpose
The article has the purpose of looking back to the founding of the European Union (EU).
Design/methodology/approach
The article combines narrative with analysis.
Findings
It is the author's view that the EU is a success story. The EU's separation of powers between three decision‐making bodies is explained and contrasted with what the author considers to be the regrettable centralisation of power at Westminster. The article looks at the many major challenges which are facing Europeans, including the question of how large the EU should be allowed to grow and the economic challenges from China and India.
Originality/value
The value of the article is that it contains the views of a member of the parliament (MEP) who has been a MEP since the first direct elections in 1979 and who is able to reflect on developments with singular first hand knowledge.
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Nader Pourmahmoud, Masoud Rashidzadeh and Amir Hassanzadeh
The purpose of this paper is to investigate the effect of convergent nozzles on the thermal separation inside a vortex tube, using a three-dimensional (3D) computational fluid…
Abstract
Purpose
The purpose of this paper is to investigate the effect of convergent nozzles on the thermal separation inside a vortex tube, using a three-dimensional (3D) computational fluid dynamics (CFD) model as predicting tool.
Design/methodology/approach
The 3D finite volume formulation with the standard k-ε turbulence model has been used to carry out all the computations. Six different nozzles for convergence angle have been utilized β=0, 2, 4, 6, 8 and 10°. All other geometrical parameters were considered fixed at the experimental condition, i.e. main tube and chamber sizes and 294.2 K of gas temperature at inlets.
Findings
The numerical results present that there is an optimum convergence angle for obtaining the highest efficiency and β=2° is the optimal candidate under the simulations. It can be pointed that, some numerical data are validated by the available experimental results which show good agreement.
Practical implications
It is a useful and simple design of nozzle injectors to achieve the maximum cooling capacity.
Originality/value
In the work with assuming the advantages of using convergent nozzles on the energy separation and their considerable role on the creation of maximum cooling capacity of machine, the shape of nozzles was concentrated. This research believes that choosing an appropriate convergence angle is one of the important physical parameters. So far, an effective investigation toward the optimization of convergent nozzles has not been done but the importance of this subject can be regarded as an interesting research theme; so that the machine would operate in the way that the maximum cooling effect or the maximum refrigeration capacity is provided.
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The object of this research is the reconstruction of the existing legal response by European Union states to the phenomenon of immigration. It seeks to analyse the process of…
Abstract
Purpose
The object of this research is the reconstruction of the existing legal response by European Union states to the phenomenon of immigration. It seeks to analyse the process of conferral of protection.
Design/methodology/approach
One main dimension is selected and discussed: the case law of the national courts. The study focuses on the legal status of immigrants resulting from the intervention of these national courts.
Findings
The research shows that although the courts have conferred an increasing protection on immigrants, this has not challenged the fundamental principle of the sovereignty of the states to decide, according to their discretionary prerogatives, which immigrants are allowed to enter and stay in their territories. Notwithstanding the differences in the general constitutional and legal structures, the research also shows that the courts of the three countries considered – France, Germany and Spain – have progressively moved towards converging solutions in protecting immigrants.
Originality/value
The research contributes to a better understanding of the different legal orders analysed.
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Abstract
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Keywords
- Benefit-enhancing corruption
- benefit-reducing corruption
- Bill of Rights
- bribe
- bureaucratic bottlenecks
- bureaucratic corruption
- cost-reducing corruption
- cost-enhancing corruption
- extralegal income
- governing process
- incentive structures
- necessary conditions
- nepotism
- political opportunism
- sufficiency (as in sufficient conditions)
Connecting and integrating the economics, organization, and management of the firm with other relevant perspectives in political science, constitutional law, and constitutional…
Abstract
Connecting and integrating the economics, organization, and management of the firm with other relevant perspectives in political science, constitutional law, and constitutional political economy, this paper revisits the nature of the corporation as a particular type of constitutional contract. The baseline argument is to show how far we can go in redesigning and democratizing the corporate form of business “societas” by using only organizational effectiveness criteria before any ethical or political options. In fact, on the basis of those (re-)foundations, the analysis addresses the questions of why the form of government of that societas should be (and in part already is in various corporate law systems) a “republic of rightholders”; who those “rightholders” should be; and which structures (organs and bodies) and decision and control procedures may sustain effective governance not only in terms of the representation of legitimate interests but also in terms of decision quality. The result is the specification of the requisite variety of “chambers” and within “chambers.”
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