bluuebunny/crossref_metadata_2025 huggingface dataset:
Human Rights Law Requirements in International Arbitration
Authors: Petrochilos Georgios
Published: November 2023

The discussion will focus on treaty law, and particularly the European Convention on Human Rights (the ECHR). However, and as will be seen immediately below (in section I), the provisions on the right to a ‘fair hearing’ in the various regional and universal human rights instruments are in substance identical. This broad consensus, at least so far as certain fundamental rules are concerned, suggests that the human rights law requirements discussed in this chapter are part of customary international law. This consensus further suggests that the rules discussed below are part of ‘truly international public policy’, that is, a public policy purified of national particularities and essential to the world community as a whole. This is a public policy that encompasses the principles on which consensus has emerged in the international community.
A Nexus between an Award and Municipal Law? International and A-National Awards in the New York Convention
Authors: Petrochilos Georgios
Published: November 2023

It is still a matter of some controversy more than 40 years after its conclusion whether the New York Convention requires that each award brought for enforcement under it, be made under a system of national law; and whether, conversely, it does not apply to awards made under no national law. Attempts to answer the question have often been based on the concept of ‘nationality’ of arbitral awards, but this only obfuscates the issue further, and unnecessarily steers it towards more general questions of legal theory.
Relationship Banking and Transaction Banking: Conceptual Issues
Authors: Collins Michael , Baker Mae
Published: November 2023

What do banks do? At this juncture in our discourse, a considered answer to this basic question is important in two regards. First, identifying the function of banks with regard to the provision of finance to the business sector provides a realistic touchstone against which to evaluate the many sweeping assertions made in the wider debates on the socio-political role of financiers and on the importance of institutional constraints in the provision of industrial funds. A definition of the role of banks will also provide a set of criteria against which to assess our empirical findings on the historical practices of English banks (to be presented in the rest of the book).
Bank Mergers and the Impact on Asset Structures, 1860–1913
Authors: Collins Michael , Baker Mae
Published: November 2023

This chapter examines a new aspect of the long-term rise in English commercial bank liquidity that we have already established took place in the period, 1860–1913. We now analyse sectoral differences in the asset holdings of different categories of commercial bank. In particular, we test the suggestion that the absorption of numerous provincial banks by larger London-based banks was an important part of the process by which there occurred a general increase in the liquidity of the asset structure of the banking sector. The chapter is organized into five sections. First, an account is given of the large-scale merger movement in which English banks engaged in the period. Second, the experience of individual banks is examined.
Contribution Between Tortfeasors
Authors: Weir Tony
Published: November 2023

The previous chapter featured the victim who could sue not only the tort-feasor but also, under certain conditions, his employer as well. Employee and employer in such circumstances, like conspirators, are called ‘joint tort-feasors’: there is only one tort but two persons liable. But there may be several different torts contributing to the same harm and several persons liable for what they have independently done, since in principle, as we have seen, everyone whose tortious conduct has contributed to the occurrence of harm is liable to be sued for the full amount of that harm, provided it is indivisible and not too remote. This ‘joint and several liability’, as it is unattractively called, is rational, because if two people by independent torts kill a third, each of them has killed the victim, and it is also fair, in that the victim will be paid in full even if one of the tort-feasors is insolvent, untraceable, or in gaol. Even the Law Commission has decided that no major reform of this rule is required; the attack on it is coming, as we have seen, from judges seeking to reduce its incidence by claiming to divide the indivisible (as if physical damage were just money) and thereby introduce proportionate liability.
Other Systems
Authors: Weir Tony
Published: November 2023

The law of tort is by no means the only source of alleviation for harm suffered by individuals. We have already glanced at private insurance and social security, and their interaction with the law of tort, and we should briefly note that a criminal court, on convicting the perpetrator of a crime other than a motoring offence or one resulting in death, is required by law to order him to pay a sum by way of compensation to his victim. The crime need not be a tort, though it usually is, and the sum will not be the equivalent of damages in tort, since it takes account of the convict’s resources. The civil courts are antipathetic to this jurisdiction, established by statute though it is. And of course the victim may never get the compensation ordered. There are, however, two other schemes which are designed precisely to ensure that a victim of a wrong actually receives compensation. The wrongs in question are, respectively, negligent driving and criminal assault.
Before the Storm: European Banks in the 1950s
Authors: Cassis Youssef
Published: November 2023

The aim of this brief chapter is to assess the state of European banks on the eve of the American ‘invasion’. How well prepared were they to face the challenge? The conventional wisdom is that they were rather unprepared. Until the 1960s at the very least, European banks have often been described, in a somewhat caricatural way, as sleepy and risk-averse giants, encumbered with state regulation, cosy cartels, and outdated management, in sharp contrast to their lean, fast expanding, and highly innovative American competitors. Is this just a ciche—but all cliches contain a grain of truth—or a fairly accurate picture of the reality? Answering this question should help to understand both the con text of the American challenge and the nature of the European response, which will be discussed in the following chapters. But answering this question is no easy task. The history of European banks in the post-Second World War period is still in its infancy; and the issue of competitiveness, which is at the heart of the matter, has not been on top of banking historians’ research agendas.
Repair or Revenge
Authors: Strang Heather
Published: November 2023

This book addresses the role of victims in our criminal justice system and the shortcomings they perceive in the way they are treated. It examines whether restorative justice can offer them more justice than they receive from the formal court-based system. Research into the shortcomings of the court-based system has identified a number of issues that victims want to address. In brief, they want a less formal process where their views count, more information about both the processing and the outcome of their case, a greater opportunity for participation in the way their case is dealt with, fairer and more respectful treatment, and emotional as well as material restoration as an outcome. Over the past three decades, the victim movement worldwide has agitated for an enhanced role for victims in criminal justice. Despite some successes, it appears that structural as well as political factors may mean that victims have won as much as they are likely to gain from formal justice. A series of randomized controlled trials in Canberra, known as the Reintegrative Shaming Experiments (RISE), has provided an opportunity to compare rigorously the impact on victims of court-based justice with a restorative justice program known as conferencing. In these experiments, middle-range property and violent offences committed by young offenders were assigned either to court (as they would normally have been treated) or to a conference. Empirical evidence from RISE examined in this book suggests that the restorative alternative of conferencing more often than court has the capacity to give victims what they say they want in achieving meaningful victim participation and restoration, especially emotional restoration.
Victims and offenders:A Relational Analysis by Heather Strang and Daniel J. Woods*
Authors: Strang Heather
Published: November 2023

Over the past thirty years or so, there have been challenges in Western criminal justice to traditional views about both the victims of crime and their offenders. Chapter 2 described the rise of the victim movement world-wide, which led to increasing attention being given to fairness and justice for these forgotten third parties in the contest between the offender and the state. At the same time, issues relating to increased protection of offenders’ rights and the ‘due process’ model of criminal justice (Packer 1968) have been just as much a matter for debate. Both of these well-justified concerns were soured, however, almost from the outset, by conservatives on both sides who characterized them as moves in a zero sum game, where any enhancement in the rights of one was assumed to be at the expense of the other (Elias 1986).
Both Sides, Now: Culture Contact, Hybridization, and Cosmopolitanism
Authors: Kwok-Bun Chan
Published: November 2023

Ssu-ma Niu grieved, saying, everyone else has brothers; I alone have none. Tsuhsia said, I have heard this saying, ‘. . . if [a gentleman] behaves with courtesy to others and observes the rules of ritual, then all within the Four Seas are his brothers.’ How can any true gentleman grieve that he is without brothers? Jan Jung asked about goodness. The Master said ‘Behave when away from home as though you were in the presence of an important guest. Deal with the common people as though you were officiating at an important sacrifice. Do not do to others what you would not like yourself.’
Judging success and failure
Authors: Seybolt Taylor B
Published: November 2023

The central premise of this book is that humanitarian military intervention can be justified as a policy option only if decision makers can be reasonably sure that intervention will do more good than harm. To estimate future prospects past experience must be drawn on. The book asks, ‘Have past humanitarian military interventions been successful?’ To answer the question, this chapter begins by defining success as saving lives. Whatever criteria is used, relative effectiveness can be determined only by comparison with what might have happened had intervention not occurred or occurred in a different way. Often referred to as ‘the dog that didn’t bark’ approach, this process invites examination. For readers who are sceptical about the possibility of determining the number of lives saved, an extended discussion of the methodology follows.
Humanitarian military interventions in the 1990s
Authors: Seybolt Taylor B
Published: November 2023

The interventions in northern Iraq, Somalia, Bosnia and Herzegovina, Rwanda, Kosovo and East Timor were the landmark cases of humanitarian military intervention in the formative decade after the end of the cold war. The characteristics they share make them comparable. The humanitarian crises in all six countries or territories were caused by political conflicts. Ultimately each required a political solution to reconcile the competing objectives of the local parties to the conflict and to satisfy international actors. In the short term, foreign governments and the UN Secretariat felt compelled, for political and moral reasons, to join relief organizations in addressing the truly desperate plight of civilians who not only were caught in the crossfire of a war zone but in every case except Somalia were deliberately targeted for violence. In a number of instances humanitarian action was taken instead of, rather than in addition to, political action.
Helping to deliver emergency aid
Authors: Seybolt Taylor B
Published: November 2023

The most common form of military intervention in complex humanitarian emergencies is helping aid organizations deliver emergency aid to people who have been displaced by war and violence. Sometimes military personnel deliver aid directly, for example, with airdrops, and sometimes they help indirectly by improving logistics and transport systems. Logistical assistance and direct provision of aid played an important role in all six of the countries or territories reviewed in chapter 3, sometimes as the sole objective of the intervention and sometimes as an afterthought. Military help in delivering emergency aid has saved many lives. It has also caused many problems.
Encountering information systems as a phenomenon
Authors: Ciborra Claudio
Published: November 2023

When dealing with the deployment and management of complex information and communication infrastructures, managers at the turn of the twenty-first century seem to lack the words to describe, let alone capture, the multiplicity of unexpected consequences, serendipitous occurrences, and emergent, disappointing features of the new technological systems they are busy installing.
Hidden Causes for Unknown Losses: Time Compression in Management
Authors: Sabelis Ida
Published: November 2023

As a reaction to the instrumental way in which ‘organizational culture’ has been ‘discovered’ and used by practitioners and consultants since the 1980s, some anthropologists have entered the realm of organization studies to shed light on values, habits, and the taken-for-granted aspects in the world of organization and management. In a research project conducted from 1996 to 2000, Willem Koot and I studied the lives, views, and opinions of top managers2 of big organ izations and institutions in the Netherlands.3
A Near-Rational Model of the Business Cycle, with Wage and Price Inertia*
Authors: Akerlof George A , Yellen’ Janet L
Published: November 2023

This paper offers an explanation of why changes in the nominal supply of money are not neutral in the short run. It shows that aggregate demand shocks can cause significant changes in output and employment if agents adjust wages and prices in ways which are ‘insignificantly’ suboptimal from their individual standpoints. Alternatively, very small transaction costs of decision making or changing prices could account for large fluctuations in real economic activity.
Designing a World of Risk Management
Authors: Power Michael
Published: November 2023

In the ‘Appendix to the Transcendental Dialectic’ of the Critique of Pure Reason, Kant discusses the ‘regulative employment of the ideas of pure reason’ (Kant, 1978). Within his broad critical philosophy, Kant recognized that there were certain objects, transcendental objects, which are mistakenly regarded as referring to real things. This error of judgement, or transcendental illusion, characterizes rationalist philosophies which regard the idea of a teleology or purpose in nature as furnishing proof of the existence of a divine being. Yet, while Kant rebuts this inference and deconstructs the ontological status of the idea of teleology, he also argues that this idea, and others like it, have an indispensable ‘regulative’ use.
Freedom Of Thought, Conscience And Religion
Authors: Clayton Richard , Tomlinson Hugh
Published: November 2023

It was held in Williamson v Secretary of State for Education [2002] 1 FLR 493 that 14.13A it was not possible to describe the support for the imposition of corporal punishment in schools as a manifestation of belief within Article 9. See also Supplement, paras 15.267 and 19.87.
Which People’s War?
Authors: Rose Sonya O
Published: November 2023

Which People’s War? examines how national belonging, or British national identity, was envisaged in the public culture of the World War II home front. Using materials from newspapers, magazines, films, novels, diaries, letters, and all sorts of public documents, it explores such questions as: who was included as ‘British’ and what did it mean to be British? How did the British describe themselves as a singular people, and what were the consequences of those depictions? It also examines the several meanings of citizenship elaborated in various discussions concerning the British nation at war. This investigation of the powerful constructions of national identity and understandings of citizenship circulating in Britain during the Second World War exposes their multiple and contradictory consequences at the time. It reveals the fragility of any singular conception of ‘Britishness’ even during a war that involved the total mobilization of the country’s citizenry and cost 400,000 British civilian lives.
Vertical Fragmentation: The Spending Ministries
Authors: Hayward Jack , Wright Vincent
Published: November 2023

Our starting point for an examination of the components of the policy mix that the core executive seek to shape into a coherent whole is a recognition of the multiplicity of autonomous yet interdependent actors that cluster around the spending ministerial structures. Their overlapping activities create externalities that necessitate coordination if uncooperative proclivities combined with conflicting preferences are not to lead to confusion, paralysis, or fiasco. Having considered the hierarchical and horizontal principles and practices calculated to avoid these outcomes, we now turn to the vertical dimension of the coordination process as it is encountered in some of the major spending ministries, postponing to Part II the transversal sectoral case studies that exemplify the complex problems encountered in starkly specific form.
Tactical Privatisation: Changing the Mix in a Mixed Economy
Authors: Hayward Jack , Wright Vincent
Published: November 2023

A widespread but oversimplified conception of state-market relations in France is to see them as state-centred and dirigiste. However, while ‘in comparative terms, extensive dirigisme was a distinctive feature of the French system’, outside the Communist countries ‘dirigisme was probably always more powerful as a rhetorical mobilising device and as a pervasive myth ... than as a strategy or coherent set of matching policies. In truth, the French model marked a messy reality in which public and private intertwined, in which private interests were often more powerful than public actors, in which the latter were fragmented and divided’, but ‘the very “incoherences” of the idealised model facilitated the transition of the 1980s’, which is the subject of this chapter. Since it touched on state-market relations at the sensitive point of ownership, privatisation raised especially controversial coordination issues in France.
Introduction: Strategic Alliance Research: Progress and Prospects
Authors: Reuer Jeffrey J
Published: November 2023

For many managers and researchers, the observation that strategic alliances have altered the business landscape seems apparent, even if the implications are less clear. Not only has the number of alliances increased dramatically during the past two decades, but the character of interfirm collaboration has also changed in several fundamental ways. Consider how current alliances differ from conventional alliances. The typical alliance tended to be an equity joint venture used for the purpose of entering a developing country while responding to a government’s restrictions on foreign investment.
Why Should Firms Cooperate? The Strategy and Economics Basis for Cooperative Ventures
Authors: Contractor Farok J , Lorange Peter
Published: November 2023

Nature is not always red in fang and claw. Cooperation and competition provide alternative or simultaneous paths to success. In business, as in nature, managers must learn the arts of competing and cooperating as equally valid aspects of corporate strategy. Cooperative aspects of international strategy have been relatively neglected until recently. In the past few years, however, there appears to have been a proliferation of international joint ventures, licensing, coproduction agreements, joint research programs, exploration consortia, and other cooperative relationships between two or more potentially competitive firms (Boston Consulting Group, 1985). The role of these relationships in international strategy is the focus of this chapter.
A Transaction Costs Theory of Equity Joint Ventures
Authors: Hennart Jean-François
Published: November 2023

American multinational enterprise (MNEs) used to be known for their rigid insistence on wholly-owned subsidiaries. No longer. Today joint ventures ( JVs) are ‘in’. AT&T and Olivetti, General Motors and Toyota, Honeywell and Ericsson, United Technologies and Rolls Royce, Hercules and Montedison, General Electric and SNECMA, even the largest American firms are joining forces with foreign rivals, setting up cooperative research, manufacturing, or distribution ventures. The increasing importance taken by domestic and international JVs has spawned some new theoretical and empirical work which has increased our knowledge of these cooperative arrangements.
The Choice between Mergers/Acquisitions and Joint Ventures: The Case of Japanese Investors in the United States
Authors: Hennart Jean-François , Reddy Sabine
Published: November 2023

This chapter investigates the determinants of the choice between two alternative methods of pooling similar and complementary assets: the merger/ acquisition and the greenfield equity joint venture. This choice is of particular interest because it throws light on two competing theories of why joint ventures exist. Balakrishnan and Koza (1991, 1993) see joint ventures as a mechanism to reduce the transaction costs incurred when acquiring other firms. They predict that joint ventures will be preferred when the potential target and the acquirer belong to different industries, because in this case these transaction costs are high. They are lower when the acquirer and the target firm are based in the same industry, and hence in that case they expect acquisitions.
Joint Ventures and the Option to Expand and Acquire
Authors: Kogut Bruce
Published: November 2023

A fundamental problem facing the firm is the decision to invest and expand into new product markets characterized by uncertain demand. The problem is exacerbated when the new business is not related to current activities. In this sense, a firm’s initial investments in new markets can be considered as buying the right to expand in the future. In current parlance, the right to expand is an example of a “real option,” real because it is an investment in operating as opposed to financial capital, and an option because it need never be exercised.1 For many investments, such as the purchase of new capital equipment to reduce costs in aging plants, the option value is insignificant.
Collaborative Ventures and Value of Learning: Integrating the Transaction Cost and Strategic Option Perspectives on the Choice of Market Entry Modes
Authors: Chi Tailan , McGuire Donald J
Published: November 2023

The managers of a multinational enterprise (MNE) who are considering entry into a new market often must make decisions under highly uncertain and changeable circumstances. The variables that have a potentially significant impact on the prospect for its success in the market typically are large in number and keep evolving over time due to continual arrival of new information. A key decision the firm’s management faces is whether to go it alone or collaborate with a local partner in entering the new market. It is well accepted among scholars of international business that a collaborative venture (CV) is not economically justified unless there exists some complementarity between the resources of the participants (Contractor and Lorange, 1987; Root, 1987).
Alliances and Networks
Authors: Gulati Ranjay
Published: November 2023

Strategic alliances between firms are now a ubiquitous phenomenon. Their proliferation has led to a growing stream of research by strategy and organizational scholars who have examined some of the causes and consequences of such partnerships, mostly at the dyadic level. In this article I don’t intend to review this vast and burgeoning field of research (for a review, see Auster, 1994). Instead, I will develop a social network perspective on some of the key questions associated with strategic alliances, going beyond the dyadic level to the larger network in which alliances are embedded. I will discuss how this perspective provides new insights on important factors that may influence the behavior and performance of firms. I define strategic alliances as voluntary arrangements between firms involving exchange, sharing, or codevelopment of products, technologies, or services.
The Stock Market and Investment in the New Economy: Some Tangible Facts and Intangible Fictions
Authors: Bond Stephen R , Cummins Jason G
Published: November 2023

‘In the Old Economy, the value of a company was mostly in its hard assetsits buildings, machines, and physical equipment. In the New Economy, the value of a company derives more from its intangibles-its human capital, intellectual property, brainpower, and heart. In a market economy, it is no surprise that markets themselves have begun to recognize the potent power of intangibles. It’s one reason that net asset values of companies are so often well below their market capitalization’.
The Capitalization, Amortization, and Value-relevance of R&D
Authors: Lev Baruch , Sougiannis Theodore
Published: November 2023

A direct relationship between research and development costs and specific future revenue generally has not been demonstrated, even with the benefit of hindsight. For example, three empirical research studies, which focus on companies in industries intensively involved in research and development activities, generally failed to find a significant correlation between research and development expenditures and increased future benefits as measured by subsequent sales, earnings, or share of industry sales.
Intellectual Human Capital and the Birth of US Biotechnology Enterprises
Authors: Zucker Lynne G , Darby Michael R , Brewer Marilynn B
Published: November 2023

The number of American firms actively using biotechnology grew rapidly from nonexistent to over 700 in less than two decades, transforming the nature of the pharmaceutical industry and significantly impacting food processing, brewing, and agriculture, as well as other industries. Here we demonstrate empirically that the commercialization of this technology is essentially intertwined with the development of the underlying science in a way which illustrates the significance in practice of the localized spillovers concept in the agglomeration literature and of the tacit knowledge concept in the information literature.
Off-balance Sheet R&D Assets and Market Liquidity
Authors: Boone Jeff P , Raman K K
Published: November 2023

By requiring that corporate research and development (R&D) spending be immediately expensed, Statement of Financial Accounting Standards (SPAS) No. 2 (FASB, 1974: para. 2) potentially creates a mismatch between costs and subsequent benefits. Potentially, these off-balance sheet (unrecorded) R&D benefits could generate ex ante inequity in the capital markets in the form of an information gap (asymmetry) between informed investors and other investors.
Governing Work and Welfare in a Global Economy
Authors: Supiot Alain
Published: November 2023

In Europe as in the United States, the ‘globalization’ of the economy has led to a reduction in the importance of law in mastering transformations of work and employment. In the United States, it is the notion of ‘governance’ which is most often used to this effect, while in continental Europe ‘régulation’ (Regulierung, regolazione) is preferred to distinguish it from conventional ‘réglementation’ (Regelung, regolamentazione) (cf. Clam and Martin 1998).
Irish Migration: Characteristics, Causes, and Consequences
Authors: Barrett Alan
Published: November 2023

The topic of migration, or more specifically emigration, has been of enormous importance for Ireland since the early part of the last century. Although the Irish Famine of the late 1840s was the catalyst that prompted the large-scale exodus of the second half of the nineteenth century, O’Rourke (1995) has pointed out that 1.5 million people emigrated from Ireland between Waterloo and the Famine; this was equivalent to a rate of 7 per 1000. However, it was the Famine which generated the outflow which in turn contributed to the population of what is now the Republic of Ireland declining from 6,529,000 in 1841 to 3,222,000 at the turn of the century. For much of the twentieth century, emigration remained high and the population decline continued until 1961. But even in the 1960s when the population grew, emigration continued. The 1970s saw unprecedented inflows but net outflows resumed in the 1980s, thereby leaving emigration as a defining feature of Ireland’s demographic and economic experience. The exceptional economic growth that Ireland experienced in the mid and late-1990s brought with it renewed inflows, made up of returning Irish migrants and non-Irish immigrants.
Immigrant Adjustment in France and Impacts on the Natives
Authors: Constant Amelie
Published: November 2023

The study of migration has garnered increased attention by political advocates and social scientists as immigration is heavily debated in the political arena. In an era of increasing globalization of economies, migration has also become an integral part of international economics, and remains of the outmost concern among all countries that face immigration challenges. In Europe, the immigrant population has reached an all-time high competing with the so-called traditional immigrant countries such as the US, Canada, and Australia. In France—a longstanding country of immigration— every statistic shows that immigration will keep increasing. Given the recent incidents in France, migrants without documents occupying churches (les sans-papiers), the deportation and expulsion of illegal workers, the popularity of the extreme right in the local and national elections, the heightened anti-migration sentiments2 and complaints that discrimination against immigrants is on the rise, migration management appears to have become rather complex and has polarized debates on migration.
Canadian Immigration Experience: Any Lessons for Europe?
Authors: Devoretz Don J , Laryea Samuel A
Published: November 2023

Canada embarked on an extensive eleven-year research programme in 1996 to investigate the economic, social, physical, and educational impact of immigrants on its three major cities. It is important to point out that this major research effort was only begun after Canada received several million immigrants in the postwar period. The economic motivation for and economic consequences of this substantial intake no doubt varies by historical epoch but what is most interesting to observe is that this substantial inflow took place with little substantive research or policy analysis. Until the 1990s only one book of substance was written by A. Green (1976) to analyse the postwar immigrant economic experience in Canada. It could be argued that the economic benefits from immigration were so obvious that at least until the mid-1970s the immigration policy was set with little critical economic analysis.
Beringia and New World Origins: The Linguistic Evidence*
Authors: Greenberg Joseph H
Published: November 2023

What can the languages of Native Americans tell us about how the New World was settled? In seeking an answer to this question, I will as far as possible rely on linguistic evidence only and, not being an archaeologist or geneticist by profession, and therefore not capable of independent evaluation in these other fields, I will refrain as far as possible from using hypotheses which derive from them. Conclusions which derive jointly from a number of scholarly disciplines are reliable and convincing only insofar as they are based on independent evidence from each field.
The Principle of Proportionality: Review of National Measures
Authors: Tridimas Takis
Published: November 2023

We saw in the previous chapters that, where proportionality is applied as a ground for review of Community acts, the Court balances a private vis-a-vis a public interest. In that context, the principle operates in the traditional sphere of public law seeking to provide a check on public power and to protect the individual. Under Article 5(3) EC, it also seeks to protect the nation state from undue interference by the Community institutions. In Community law, the principle performs an additional distinct, but related, function. It is applied to determine the compatibility with the Treaty of national measures which interfere with the fundamental freedoms. The function of the principle in this context is to promote market integration. For that reason, the degree of scrutiny employed by the Court is much stricter and the ‘manifestly inappropriate’ test gives way to a test of necessity.
Modernizing the German Law of Obligations?
Authors: Zimmermann’ Reinhard
Published: November 2023

Shortly before taking office, the German Minister of Justice complained about the poor quality of legislation within the traditional areas of private law. Only more thorough deliberation, she added, would help. Moreover, increased use should be made of the expertise available at universities and in the legal profession. These demands have, however, not been met by the draft of a statute for the modernization of the law of obligations that was published in September 2000. It also does not achieve the objective of serving as an example for the codification of the European law of obligations because it does not take into account ten years of European legal development. This chapter compares the proposed reform with the way in which the BGB was prepared and considers it against the background of legal developments over the past hundred years. It thereby highlights, in particular, the relationship between codification and tradition.
The normative status of the case law
Authors: Arnull Anthony
Published: November 2023

The profound role played by the Court of Justice in shaping the institutional and substantive development of the European Union should be clear from previous chapters. One factor that enhanced the Court’s capacity to play that role was the steady caseload which eventually built up. The Court’s response was to develop a body of jurisprudence based on precedent. This satisfied two concerns: first, the basic principle of justice, reflecting the Aristotelian principle of equality, that hke cases should be treated alike: and second, the requirement of the rule of law that people should be able to plan their affairs on the basis of a reasonable understanding of their legal rights and duties. The use of precedent can help judges to over­ come the basic indeterminacy of the law, while at the same time offering some protection from accusations of excessive activism, by allowing them to present their decisions as in some sense determined by what was done in the past. These benefits have not yet wholly materialized in the Community legal system for several reasons: its relative youth; the existence of important gaps in it; the extremely open­ textured quality of many provisions; the increasingly contested nature of the Union/ Conununity’s aims and objectives. Some of these factors have been examined in previous chapters. However, the Court’s failure to reap the rewards of a rigorously precedent-based jurisprudence is also attributable to another factor: the way in which it has, at least until recently, handled its previous decisions. It is that factor which is the principal focus of the present chapter.
Knowledge Work and Knowledge-Intensive Firms
Authors: Alvesson Mats
Published: November 2023

The book addresses the concept of knowledge in a work and organizational context, professional or knowledge work, and knowledge-intensive firms. It provides a critical, moderate social constructivist understanding of these themes and the current interest in knowledge management, organization and the "knowledge economy". Professional service as well as science and high-tech work and firms are treated, reporting case studies of IT and management consultancy firms, advertising agencies and life science based companies. The concepts of knowledge and knowledge management are discussed and dominant functionalist thinking debunked. The ambiguity of knowledge in the input, process and output of professional work is emphasized. It is suggested that we should be careful in assuming too much about the nature, role and effects of "knowledge" in business life and instead take the constructed nature of knowledge seriously and scrutinize knowledge claims. Knowledge talk and claims may frequently be key elements in marketing and identity work as much as they inform us about key activities of professionals and knowledge-intensive firms. The book covers a fairly broad set of management, organization and working life aspects are addressed, including HRM themes and different forms of control including client control and regulation of identity. From a perspective emphasizing the ambiguity of social and business life, rhetoric, symbolism, image, politics of knowledge claims, identity and identity work are viewed as crucial for the understanding and management of professional/knowledge work and organizations. The book is provocative and challenges key assumptions in dominant knowledge and organization thinking, suggesting a novel theoretical approach. The book is intended for third year level undergraduates upwards, and aims to say things also of relevance for scholars. It mixes textbook and research ambitions. As a (moderately) constructivist text with a relatively broad focus, the book may have some potential as a text complementing more conventional textbooks also in general organization and management courses.
Image and Rhetoric
Authors: Alvesson Mats
Published: November 2023

THE expectation that objective reality speaks for itself may make sense in situations that are very simple and clear. In contemporary business and working life these circumstances seldom are. In knowledge-intensive contexts, in particular in service work, man agers and workers must devote attention, energy, and skills to dealing with how to present their knowledge, work, and organization and produce positive expectations and assessments of themselves and their work results. This is very much a matter of the management of expectations. Themes like image, rhetoric, and symbolism become significant. The idea that ‘corporate brands’ can increase the company’s visibility, recognition, and reputation in ways not fully appreciated by product brand thinking has become increasingly popular (Hatch and Schultz 2003). I am not convinced that the terms ‘corporate brand’ and ‘branding’ differ very much from ‘corporate image’ and ‘image management’, and will favour the latter pair of terms.
Human Resource Management and Personnel Concepts
Authors: Alvesson Mats
Published: November 2023

PERHAPS more than anything else, KIFs stand out from most other organizations because of the extreme significance they place on the quality and motivation of their personnel. Some KIFs in the R&D sector are relatively capital-intensive, and many PSFs are heavily dependent on their image (corporate brand) or the net work relationships they have developed, in particular around the client portfolio. This does not prevent personnel issues from being the most significant factor. Consequently, personnel issues call for careful attention. I have touched upon this theme in several chapters, but now is the time to focus on it more systematically. In this chapter I try to look somewhat deeper than usual and draw attention to what are referred to as the personnel concepts of organizations. This provides the starting point for human resource management (HRM) strategies, and is based on a more or less organization-specific understanding of the proto typical organizational member that one aspires to recruit, retain, and motivate.
Introduction
Authors: Manning Roger B
Published: November 2023

War was not regarded as pathological or abnormal before 1914, but was viewed as an ‘acceptable’ and usual way of settling international disputes. In late-medieval and early modern Europe, war was a way of life and an integral part of aristocratic culture. As such it required little justification and was endemic throughout mainland Europe in the sixteenth and seventeenth centuries.1 During the period of time examined in this volume, from 1585 (the date of the official English intervention in the Spanish-Dutch or Eighty Years War) until 1702 (the death of William III), a war was going on somewhere in Europe for all but a little more than three years.
Swordsmen, Gownsmen, and Courtiers
Authors: Manning Roger B
Published: November 2023

The English antiquarian and legal scholar John Selden reminded his readers that noble status originally derived from the martial exploits of a warrior class. Kings came to recognize this nobility, and, although in more recent times they also conferred noble status on men of the long robe, Selden insisted that military men had a special quality that the king could not confer. The king could create peers, but he lacked the power to make a gentleman. Moreover, by licensing peers, knights, and esquires to display coats of arms with military insignia, the monarch put the recipient on notice that ‘being a gentleman, he is supposed also to either be a soldier or ready upon occasion to be one …’>
Gentlemen Volunteers : The Military Education of the Aristocracy
Authors: Manning Roger B
Published: November 2023

The earl of Essex, perceiving how little he was beholding to Venus, is now resolved to address himself to the court of Mars, and to this purpose he descendeth into the Netherlands, which at that time was the school of war for the nobility of England in their exercise of arms. There he had no sooner arrived but with magnificent joy he was entertained by Grave Maurice who saw both in his carriage and his courage the lively image of his father. He at first trailed a pike and refused no service in the field, which every gentleman is accustomed to perform. This did much endear him to his soldiers…. In early modern Europe, military academies were few in number and often short-lived. Their function was mostly limited to teaching swordsmanship, equitation, and dancing as well as keeping gentlemen thugs off the streets.
Introduction Language Rights and Political Theory: Context, Issues, and Approaches
Authors: Patten Alan , Kymlicka Will
Published: November 2023

Political theory in the last decade has been awash with discussions of cultural diversity and ethnic, racial, and religious pluralism, with books exploring ‘the ethos of pluralization’, ‘strange multiplicity’, and ‘the politics of recognition’. Yet there is one form of diversity which has received relatively little attention from political theorists: linguistic diversity. To our knowledge, there has not been a single monograph or edited volume which examines the issue of language rights from the perspective of normative political theory.
Evidentials and their meanings
Authors: Aikhenvald Alexandra Y
Published: November 2023

Source of information is the semantic core of any evidential. The basic semantic parameters of evidentials across the world were summarized in Table 2.1. Individual terms in evidentiality systems may acquire various semantic extensions, including attitude to information, its probability, a speaker’s certainty of the truthfulness of their statement, and their responsibility for it. That is, evidentiality may come semantically close to modalities of varied sorts-but on its periphery, not in its core. This is why it is misleading (pace Willett 1988) to classify evidentials on a par with expressions of possibility and probability (so called ‘epistemic’ modalities):Which evidentials acquire such an extension depends on the system they occur in. A non-visual, a non¬ firsthand, and an inferred evidential may each be used to describe something one does not really believe. A reported evidential may acquire overtones of doubt, but does not have to. A visual evidential can relate generally known facts and things one is sure of. But this is not the case in every system. An additional semantic extension found with some evidentials relates to new, unusual, and surprising information (‘mirative’); see Chapter 6.
Exhaustion Of Trade Mark Rights
Authors: Phillips Jeremy
Published: November 2023

Little Johnny clutched his pocket money in his hand as he surveyed the tempting shelves. Today was pocket-money day. Brow furrowed, he scanned the counter, stacked high with packages of sweets and neat rows of chocolate bars. What would it be this week, he pondered, the snickers or the mars bar? Having survived a tough time on the streets and an even tougher time in the school playground, Johnny’s decision was not long in coming. He needed strength and fortiflcation.
Identical And Similar Marks, Goods And Services
Authors: Phillips Jeremy
Published: November 2023

This story, if a little far-fetched, illustrates some of the realities of trade in trade mark-protected goods and services. Since the Real Madrid football club is the proprietor of the word mark real madrid in respect of a range of football supporters’ accessories such as scarves, that club would naturally wish to prevent the use of that mark on the same goods as those for which it had secured registration.
Tr Ade Marks In Court
Authors: Phillips Jeremy
Published: November 2023

‘So there’s not much point in me suing him in the first place.’ Maude was flushed with triumph and the warm realization that she had finally learned to think like a lawyer, or at least like Cyril whose forensic skills seemed to her to match his dreadful dress sense. And then a further thought troubled her newly gained tranquillity: one of the worst side-effects of an economic downturn was that one couldn’t be more fussy about one’s choice of law firm.
Geographical Indications And Other Forms Of Protection
Authors: Phillips Jeremy
Published: November 2023

By far the most important of the legal regimes included in this chapter is that which protects geographical indications (GIs), for which a framework of international and national protection exists and which is currently the subject of a good deal of debate.
Choosing A Trade Mark
Authors: Phillips Jeremy
Published: November 2023

In 1997 Tom Stoppard published a play called The Invention of Love. This play focuses on the life of the poet and classicist A E Housman and his relationship with various celebrities of his age including John Ruskin, Oscar Wilde, Walter Pater and Benjamin Jowett. It was not widely known that, after leaving Oxford without a degree, Housman spent some time working as a trade mark examiner in the UK Patent Office.
Review of Statistics
Authors: Heij Christiaan , Boer Paul de , Franses Philip Hans , Kloek Teun , Dijk Herman K van
Published: November 2023

A first step in the econometric analysis of economic data is to get an idea of the general pattern of the data. Graphs and sample statistics such as mean, standard deviation, and correlation are helpful tools. In general, economic data are partly systematic and partly random.
Time Series and Dynamic Models
Authors: Heij Christiaan , Boer Paul de , Franses Philip Hans , Kloek Teun , Dijk Herman K van
Published: November 2023

This chapter treats the modelling of variables that are observed sequentially over time. The main focus is on univariate time series models for a single economic variable, but we also discuss regression models with lags and multivariate time series models.