bluuebunny/crossref_metadata_2025 huggingface dataset:
Pre-Action Behaviour, The Practice Direction, and the Pre-Action Protocols
Authors: Davis Michael , Akenhead Qc Robert
Published: November 2023

The imposition on claimants and potential defendants prior to the commencement of proceedings of standards of reasonable behaviour is one of the innovations of the CPR. The intention in introducing a system of Pre-Action Protocols by the CPR was to encourage early clarification as between parties to potential litigation of their respective positions. The intention was that the imposition of such a system would cause potential claimants to undertake an early assessment of the strengths and weaknesses of their case so that sufficient information would be available for parties to consider and make early offers to settle.
Trade Mark Use On The Internet
Authors: Maniatis Spyros
Published: November 2023

Looking at trade marks on the internet from a ‘trade mark use’ perspective, 15.01 this chapter will explore two issues. First, how trade mark jurisprudence confronts ‘new types of infringement’ that can be committed using the internet. Second, how it responds to the challenges that the omnipresence of the internet poses to the ‘territoriality’ principle underlying trade mark law. Selective references to English and American cases will illustrate these issues.
Trips And Trade Mark Use
Authors: Evans G E
Published: November 2023

In an era of advanced industrialization, the perceived link between trade 16.01 marks and the origin of the goods or services to which they attach is increas- ingly attenuated by developments in distribution and marketing methods. In the ‘global network economy’1 of the twenty-first century, the symbolic value of the trade mark has assumed even greater significance. The modern mark tends to attract the consumer through these ‘extrinsic’ qualities, which go beyond their ‘intrinsic’ function as indicators of origin.
International Law and The Russian Legal System
Authors: Butler William E
Published: November 2023

Having dealt briefly (Chapter 2) with the role of international law, including international treaties of the Russian Federation, as sources of Russian law, we turn to the general dialogue in Russian legal doctrine about the relationship between international law and the Russian legal system and then consider specific Russian legislation addressed to traditional domains or branches of international law: diplomatic and consular law, the law of treaties, the law of territory, and others.
Introduction: Knowledge, Options, and Institutions
Authors: Kogut Bruce
Published: November 2023

An introduction to a collection of articles is a postscript disguised as a preface. Greek dramatists used a device to put the spectators immediately into the action, thus engaging them emotionally and rendering them empathically as actors in the performance. Since empathy is a behavioral cornerstone to the argument that follows, it is consistent to follow this device and to plunge right in. Across four levels of analysis (cognitive, micro, meso, and macro), we will traverse a discussion of neuroscience and behavioral studies on sociality as a dominant human motivation. The goal of this journey is to arrive at a critical review of current topics in management and strategy (e.g. resources, organizational economics) and an introduction to the subsequent chapters.
Identity, and Learning
Authors: Zander Udo
Published: November 2023

At the turn of the last century, the French economist Léon Walras stylized a competitive economy by a system of equations that relied upon the notion of a tatonnement, or of iterative bidding, by which quantities are cleared. This notion of an exchange economy is fundamental, not only in identifying the meaning of equilibrium, but also in suggesting that economic agents learn collectively the correct prices through a pursuit of self-interested bidding. In a more modern time in which computers trade automatically, Walras’s vision of a tatonnement has been realized in the electronic markets of nonhuman actors. If ever there was a vision of a brain in a vat, it is the evolution of electronic trading in financial markets.
Operating Flexibility, Global Manufacturing, and the Option Value of a Multinational Network
Authors: Kulatilaka Nalin
Published: November 2023

The theory of the multinational corporation has traditionally sought to explain why a firm can successfully invest in overseas operations. As Hymer (1960) noted, a foreign company operates at a disadvantage relative to local firms; it must control the operations over longer distances and it is at a handicap in a foreign culture. Thus, he concluded, direct investment must be motivated by a competitive asset that provides the foreign firm with an advantage. Around this central perspective, the work in both economics and management has developed a substantial and complementary body of research. In the field of the economics of the multinational corporation, considerable attention has been paid to the theoretical and empirical investigation of firmlevel advantages and foreign direct investment.
Strategy, Heuristics, and Real Options
Authors: Kulatilaka Nalin
Published: November 2023

Strategizing is the application of heuristic frames to analyze the world and to generate normative evaluations of potential avenues of implementation. Yet, like many professional schools caught between academics and application, strategy research is often ambivalent about the implications of valuing the development of heuristics. Because a test of a good heuristic is its application, the relevant community by which to evaluate such contributions appears often to be the commercial world.
National Systems, Organizational Practices, and Institutions
Authors: Kogut Bruce
Published: November 2023

The importance of national institutions and context has been an enduring, if not always obtrusive, element in the study of the character and performance of organizations. The factor of national origins is explicit in studies on the relationship between network governance and firm capabilities (Gerlach 1992), the comparative analysis of the degree of adoption of quality circles by three countries (Cole 1985), or the behavior of individual workers depending upon their ethnic origins and the national ownership of their place of work (Lincoln 1985; Lincoln 1993). The national dimension is implicit in the more recent work on institutions and organizational performance, such as in the studies on Israeli kibbutzim (Simons and Ingram 1997).
Cidle
Authors: Nohlen Dieter
Published: November 2023

Chile declared independence for the first time in 1810 under an assembly called Cabildo Abierto. The Chilean congress was created in 1811, and its members were appointed by the Junta de Gobierno.
The Socially Entrepreneurial City
Authors: Leadbeater Charles
Published: November 2023

Rodrigo Muscolevy is tired. For eight hours he has been tramping the streets of Curitiba, a city in central Brazil, pulling his makeshift, light green, handmade cart called Interprise II behind him, collecting rubbish to be recycled. On a good day, after two or three outings, Rodrigo can collect enough to earn £5 when he delivers his load to the recycling centre. Today his cart is full with 80 kg of plastic, glass, and metal and he should earn about £2.50. Rodrigo is one of a small army of recycling entrepreneurs created by a remarkable example of mass social innovation orchestrated by Curitiba ‘s city council, one of the most innovative public authorities in the world (see Hawken, Lovins, and Lovins 2001; . The way Curitiba council has organized this process of mass social innovation should give us pause to think about how we understand social entrepreneurship (see Leadbeater 1997; Dees 1998; Johnson 2000; Bornstein 2004).
Field Linguistics: Why Bother?
Authors: Crowley Terry
Published: November 2023

No linguist can fail to be aware that during the twentieth century a substantial number of small languages ceased to be spoken. Some of these were described before their last words were spoken; others were not. A substantial number of other speech traditions are now similarly destined for linguistic oblivion. We can hope social, economic, and political practices will be able to adapt such that the world’s surviving linguistic diversity can survive. But if it cannot, then hopefully those languages that do disappear in the future will at least be recorded for posterity.
Conveyancing And Property Work
Authors: Davies Mark R
Published: November 2023

Property transactions have typically represented the most common area of work which results in solicitors’ negligence claims. In turn, there are a wide range of eventualities which may give rise to such claims. Failure to undertake searches, or to undertake them but not to communicate the findings, and inadequate investigation of title are common problems singled out by indemnity insurers. The variation in mistakes which can lead to claims is such that it is worth identifying common examples from the law reports.
Solicitors’ Professional Indemnity Insurance
Authors: Davies Mark R
Published: November 2023

A successful action against a solicitor could be pointless for the claimant and have the potential to be financially ruinous for the solicitor were it not for the presence of professional indemnity insurance. This chapter briefly considers some of the key principles relevant to solicitors’ indemnity insurance. Prior to the Solicitors Act 1974, individual firms of solicitors were responsible for determining their own professional indemnity arrangements. In changing the position, the 1974 Act had two broad aims.
Planning Development: Globalization and the Shifting Locus of Planning
Authors: Hwang Hokyu
Published: November 2023

For the most part of the post-World War II period, state planning was the dominant model of development. The spread of the nation-state system constructed and legitimated the state as a dominant modern rational actor (Strang 1990; Meyer et al. 1997). Postwar efforts to bring about prosperity in the Third World propelled the state as the central locus of vision and action, and the state as such pursued progress on behalf of the nation and provided a blueprint for the nation ‘s future in national development plans. State planning, however, has been in decline in the last few decades.
Governed by Governance: The New Prism for Organizational Change
Authors: Drori Gili S
Published: November 2023

Recurring disappointment with rates of growth and a growing frustration with the lack of effect after pouring aid and investment money into developing countries for several decades directed the attention of developmentalists to political conditions. By the mid-1990s it was clear that corruption, mismanagement, and capricious bureaucracies were standing in the way of modernization in developing countries. Thus, even before the muchpublicized cases of corporate misconduct in the United States and Europe, corruption emerged as a worldwide concern, as did its curbing as a social policy subject to globalization.
Legislative Protection of The 1920s
Authors: Adeney Elizabeth
Published: November 2023

We have seen that, during the inter-war period from 1918 to 1939, the moral rights of authors were on the legislative agenda. Even before this time, some countries both within and beyond Europe already had basic provisions in place. Japan had had recognizable moral rights protection from 1899; Colombia was said to have had such protection from 1885; Germany had had incomplete legislative protection from the early years of the 20th century; and French Morocco had had more sophisticated protection since 1916. But most of these early laws did not adequately reflect the thinking of the 1920s.
The Development of International Protection—1858 To 1928
Authors: Adeney Elizabeth
Published: November 2023

We have seen that, during the period leading up to 1928, what we now call the moral rights of authors had become established in the major European countries. In some they were provided for comprehensively in legislation. In France their protection was developed predominantly by the courts, and based on a variety of principles. In Germany judicial decisions, interpreting legislation in the light of doctrine, helped to fix and expand the rights. The lack of uniformity in their treatment potentially hindered their further development and particularly their adoption into countries of the common law tradition. Consolidation was necessary.
Establishing Moral Rights In The Copyright Countries: Introductory Considerations
Authors: Adeney Elizabeth
Published: November 2023

By the end of 1928 moral rights were more securely established in the legal systems of the world than they had ever been before. They were well entrenched in the major jurisdictions of continental Europe and elsewhere and, while the 1930s might challenge the nature and purposes of the rights, their continued existence in some form seemed assured. Further, the rights had by now achieved an international recognition and agreed formulation that would facilitate their adoption by further countries of the Berne Union. This process of entrenchment would continue with the international instruments of the post-World War II period.
The United States: Developments Towards The Current Law
Authors: Adeney Elizabeth
Published: November 2023

The development of moral rights in the United States forms something of a counterpoint to both Canadian and UK developments. While the idea of the rights was long greeted by silence in the United Kingdom, commentaries and draft provisions in the United States have been numerous and extend back to the 1930s. While Canada’s rights roused little fundamental opposition, the promotion of moral rights in the United States caused strong and organized objection.
The Exercise Of Investment Discretion
Authors: Setten Lodewijk Van , Fur Mag
Published: November 2023

An institutional investment manager’s principal duty is to invest the investor’s capital in a mix of risk-free assets and assets that carry some risk, with a view to achieving the agreed risk–return objective. Within the boundaries of the mandate, the manner in which the investment duty is to be performed will be left to the professional judgement of the manager. Consequently, at the heart of the performance of every investment mandate is the quality of the manager’s decision-making process. If the quality of that process passes muster, the manager has discharged the investment duty in accordance with the terms of the mandate, regardless of the realized investment return.
Cash Accounts And Cash Transfers
Authors: Setten Lodewijk Van , Fur Mag
Published: November 2023

Investors hold cash in the form of balances credited to an account maintained at a financial institution that is authorized and regulated as a bank.1 Consequently, as an account holder the investor will have rights against the bank in relation to the balance of the cash account. To distinguish these entitlements from tangible money (coins and notes), cash account balances are commonly referred to in commerce as ‘bank money’ or simply ‘funds’.
Trading And Settlement
Authors: Setten Lodewijk Van , Fur Mag
Published: November 2023

Once an investment decision has been made, the manager will need to arrange for execution of the appropriate transactions. To that end, the manager will have to employ a specialist staff possessed of the expertise and skill necessary to access a trading venue, find a party that is willing to trade, and execute the trade on terms that are in the best interest of the investor. Conceivably, a market could consist of investors only. The investors would buy and sell from and to each other if and when the need arose to adjust their investment portfolios. However, there can be no doubt that the markets would not be as liquid and efficient if the trading process were not facilitated by market participants who make it their business to intermediate and provide liquidity. Indeed, arguably, various markets could not even exist without the intermediation of investment firms and banks that are willing to take either side of a trade on a regular and continuous basis.
Deriving the Difference between Full and Partial Pro-Drop
Authors: Koeneman Olaf
Published: November 2023

A much-studied phenomenon in linguistics is the possibility of leaving out a subject from a tensed clause. In Spanish, for instance, a declarative tensed clause can consist of a tensed verb only (see (1a)). The English equivalent of the Spanish sentence is ungrammatical (see (1b)), showing that this possibility is parametrized across languages.
A Durkheimian View of Organizational Culture
Authors: Lincoln James , Guillot Didier
Published: November 2023

The degree of consensus over, and intensity of, cognitive orientations and regulative cultural codes among the members of a population is an inverse function of the degree of structural differentiation among actors in this population and a positive, multiplicative function of their (a) rate of interpersonal interaction, (b) level of emotional arousal, and (c) rate of ritual performance. (Durkheim’s theory of culture as rendered axiomatically by Jonathan Turner 1990).
The Economic Approach to Analysis of the Labor Market
Authors: Burrell Gibson
Published: November 2023

Economics has always had a lot to say about the labor market. The labor market is a central feature of many macroeconomic models and has been analyzed in depth by at the microlevel by many leading economists dating back at least as far as Smith (1776). Having said that, the economic approach toanalyzing labor marketshas faced many dissentersin its time, withcritical references to its assumptions and from people arguing that it treats labor as a good or service like any others in the economy.
A
Authors: Dacko Scott G
Published: November 2023

Above-the-line activity in marketing refers to marketing practices making use of the mass media where, given a firm’s use of an advertising agency, the agency would make a commission on advertisements which are placed in media including television, newspapers, billboards, radio, magazines, and cinema, and where the commission charged by the advertising agency typically appears ‘above-the-line’ on the ad agency’s bill to the firm. Above-the-line marketing activity can be contrasted with ‘belowthe-line’ marketing activity, which typically is that where an ad agency would charge a firm a fixed fee. (See below-the-line marketing.) Through the-line marketingrefers to a marketing approach that makes use of both above-the-line marketing and below-the-line marketing. Above-the-line marketing is generally associated with classic and traditional approaches to marketing where advertising is used to build a brand’s image. As such, to some marketers, the approach has been considered one of marketing’s ‘necessary evils,’ but, in some industries (e.g. tobacco), below-the-line marketing approaches have gained momentum, or even overtaken above the-line marketing in importance, particularly as a result of increased regulatory scrutiny of mass media advertising.
B
Authors: Dacko Scott G
Published: November 2023

Backwash effects, where the economic growth of certain region(s) of an economy are adversely affected by the growth of another region, typically arise from the movement of capital and skilled labor from lagging region(s) of an economy toward a more prosperous region. Backwash effects are also viewed as resulting from the increase in production efficiency that is associated with the geographic concentration of activity in the growing region. Marketers involved in international marketing or other areas of marketing where the economic growth of a region is an important consideration in a firm’s activities may benefit from a greater understanding of the dynamics of backwash effects on regional economic growth. For retailers, manufacturers, and service firms alike, backwash effects may lead to either desirable or undesirable consequences for the firm, depending on the economic strength of the region in relation to the economic strength of surrounding areas.
D
Authors: Dacko Scott G
Published: November 2023

Evolution commonly refers to the change in the traits of living organisms over generations as well as the emergence of new species. Darwinian evolution, as pioneered by Charles Darwin (1859), essentially adopts a ‘survival of the fittest’ perspective. The theory and the application of its insights have since extended well beyond the purely biological domain to that of organizations as living organisms as well as other areas including new products. In the context of organizations and products, the approach provides a basis for modelling how such entities may evolve over time, where, beyond the influence of natural forces (e.g. climate and natural resources), market forces provide a further or analogous basis for natural selection. Concepts drawing upon Darwinian evolution theory may therefore assist marketers in understanding and managing such dynamics in helping to ensure long-term success of the organization and its products.
H
Authors: Dacko Scott G
Published: November 2023

A cognitive bias where a perception of a particular characteristic or quality has an aural influence on perceptions and judgment beyond the characteristic or quality as a result of some association. Based on pioneering research by Thorndike (1920), the halo effect characterizes the situation where positive trait perceptions influence judgments of related traits, while the ‘horns and halo effect’ term characterizes any such influence. The effect is a form of cognitive bias which may present itself in perceptions of judgments of individuals, organizations, products, brands, service experiences, and the like. An example is where individuals perceiving a brand to be strong in an aspect such as name recognition or aesthetics in product design have subsequent positive perceptions of lesser-known qualities such as product durability and reliability. Whereas halo effect refers to positive aural influences, negative influences are sometimes referred to by the ‘horns effect’ term. Marketers must seek to be aware of halo effects in the consumer’s perceptions of a marketer’s offerings and should strive to leverage such effects. In the case of a brand, certain halo effects may be used strategically, as in the case where a well-received new product under the company’s brand name enhances the perceived value of all of the company’s same branded products and enables the firm to introduce more easily another new product under the same brand as well.
I
Authors: Dacko Scott G
Published: November 2023

The Icarus paradox phenomenon as developed and researched by Miller (1990) views an effect of organizational success as contributing to blinding it to future threats, thereby increasing the likelihood of failure in the future. Such organizations become slow in their ability to react to changing environments as a result of success contributing to an overall sense of organizational superiority. Marketers must be aware of how an organization’s successes may ultimately contribute to its vulnerability to decline. Anticipating competitive moves, for example, is an activity that could increase in importance and scope as an organization becomes increasingly successful.
M
Authors: Dacko Scott G
Published: November 2023

The macro environment can be considered to consist of multiple forces of influence to industries and markets. Examples of such forces, or pressures on the firm, include political, economic, social, cultural, demographic, technological, legal, regulatory, environmental, and natural forces. To ensure that a firm’s marketing efforts are compatible with these and other broad societal forces, an analysis of the microenvironment is recommended, where the implications for the firm’s marketing efforts receive critical attention. Aside from the general term environmental analysis, there are a number of generally equivalent terms used for such an analysis, including PEST analysis(also called STEP analysis), which involves an analysis of political (including legal and regulatory), economic, social, and technological forces of the macron environment, and PESTLE analysis, which also involves analysis of the same set of forces as for PEST but makes legal forces distinct from political forces and further includes environmental forces. What is most important in the environmental analysis is not so much the precise categorizations used but the identification of important forces of influence, both current and potential, to the firm’s marketing efforts. For example, a firm involved in developing new teleworking products may find that there are numerous important influences in the area of technological forces, which may further include influences associated with technological advances in both communications hardware and software. At the same time, the firm would not want to neglect analyses of cultural forces and economic forces, both of which may be important in the firm’s plans to offer the product in multiple countries.
O
Authors: Dacko Scott G
Published: November 2023

Pricing decisions where odd numbered prices are used (or avoided) indicates that the pricing approach is a form of psychological pricing, where the aim is to manipulate consumers’ perceptions of price desirability through the selection of a price’s ending digits. Research on the topic for a wide array of products clearly suggests that most managers believe that price endings are important in influencing product sales as a result of believing that most customers are more receptive to some price endings over others. While many managers are found to advocate the use of odd pricing to generate additional demand and increase sales at the level of an individual brand, particularly where endings of five or nine are used as means to make the product appear significantly cheaper in comparison to pricing to the next round number or even number, other managers are also observed to advocate the use of even-numbered pricing. Actual influences of price endings are observed to vary among product categories and price amounts. Beyond operational considerations, explanations for managerial use of price endings to achieve desired effects include the acknowledgment of consumer behaviors such as tendencies for consumers to round prices down, limited consumer memories, and consumers using price endings to draw conclusions about whether or not a product is on sale.
P
Authors: Dacko Scott G
Published: November 2023

The Pareto principle characterizes the situation where a disproportionately large percentage (e.g. 80%) of a particular phenomenon is caused by a disproportionately small percentage (e.g. 20%) of another phenomenon. (For example, 80% of company profit is derived from 20% of the company’s customers.)The Pareto principle was originally developed by economist Vilfredo Pareto to understand and explain the relationship between national income and the benefit of such income to the population. The principle is now more broadly understood and interpreted to suggest there are often many instances where it is a relatively small fraction of some phenomenon, rather than the larger fraction, that has the most significant effect on some other phenomenon, such as where it may be found that 80% of a firm’s sales volume is a result of the purchases of 20% of a firm’s customers. The Pareto principle can be used as a guide to managers in deciding how to allocate limited resources. In particular, the principle suggests that priority should be given to identifying and acting upon the most significant 20% of a cause as it may have a large (e.g. 80%) influence over the desired effect. Quantitative analyses (e.g. cost analyses and profitability analyses) may be useful to identify cause and effect relationships that are found to generally follow the Pareto principle, where the exact proportion of an observed or desired effect stemming from a proportion of a particular cause may, of course, vary from 80% to 20%. The Pareto principle can be widely extended to apply to numerous areas of marketing and management ranging from advertising to marketing strategy development where the aim is to accomplish particular objectives with limited resources.
Q
Authors: Dacko Scott G
Published: November 2023

Queuing theory involves the use of mathematical modelling approaches to obtain insights into the efficiency and effectiveness of various queuing methods, processes, and systems. The theory enables types of queuing systems such as first-in/first-served, last-in/first-served, random order service, and service sharing systems to be examined in terms of their performance in relation to characteristics including arrival rates, arrival probabilities, server numbers, and system capacity. Services marketing remains the major area of marketing where mathematical models based on queuing theory are able to provide insights into various queuing system behaviours. Marketers seeking to establish appropriate queuing systems in any area of services involving the queuing of customers can therefore potentially benefit from applying queuing theory principles and methods to both queuing system design and evaluation. (See also Little’s Law.)
U
Authors: Dacko Scott G
Published: November 2023

A firm’s marketing approach is clearly unconventional when it is contrary to the practices of other firms in the same industry or market. Durgee (1992) calls this contrarian marketing, where a firm adopts a marketing approach that is diametrically opposed to contemporary marketing strategies. Firms adopting unconventional marketing approaches may find that going ‘against the grain’ of standard practice or commonly defined attributes relative to a product or service category, for example, enables the firm to position its offering in a nonconformist way. According to Hill and Rifkin (1999), any marketing approach or strategy that challenges existing long-held conventional marketing approaches can be considered to be ‘radical marketing,’ with guerrilla marketing being a notable example (see guerrilla marketing).The changing face and role of marketing in a global environment characterized by relative instability has made it inevitable that new marketing approaches, strategies, and tactics will evolve. While the benefits of any unconventional marketing approach ultimately depend on the nature of the offering and the target audience, the adoption of such approaches may ultimately depend on how conservative the firm is in trying and accepting new means of reaching and engaging customers.
X
Authors: Dacko Scott G
Published: November 2023

Developed as one of two competing theories by McGregor (1960), with the other theory being theory Y (see Y, theory), theory X views individuals as uninterested in work and eager to avoid responsibility. Based upon a pessimistic view of human nature, the theory provides a basis for a set of management practices for workforce motivation that includes the use of a more authoritarian management style, close supervision, and comprehensive controls where there is a threat of punishment for undesirable behaviors. Organizations adopting a theory X perspective are generally command-and-control organizations, where compliance is achieved through a combination of employee rewards and punishments. While many employee behaviors and corresponding management practices are not as extreme as those characterized by theory X, the theory nevertheless is influential in facilitating managements’ understanding of the scope and range of management practice. While many managers and employees discount the extreme views advocated by theory X, understanding the perspective can be beneficial to evaluate current and desired marketing management practices in an organization. Whether a marketing manager is seeking to evaluate a prospective organization with which to work or manage the firm’s marketing workforce, greater knowledge of the theory can help in identifying and understanding pessimistic management perceptions of employees at the very least.
Introduction
Authors: Heckscher Charles , Adler Paul S
Published: November 2023

A central tension has run through social analysis for well over a century: community and trust seem increasingly necessary in a complex interdependent world, but they are also less available. At the same time that markets and polities have drawn people into tighter webs of relations, traditional communities have been greatly weakened, and the unifying institutions of previous erasdominant religions, labor unions, major political parties-have lost much of their credibility. The resulting sense of fragmentation and anomie has led some to despair and others to call for the revival of community, including conservative appeals to traditional values and liberal explorations of dialogue and participation.
‘The Power to Convene ‘:Creating Collaborative Community with Strategic Customers
Authors: Bonchek Mark , Howard Robert
Published: November 2023

One of the most powerful forces pushing large business organizations to experiment with new forms of collaborative community is the desire-and the need-to develop closer relations with their customers. This trend is present across the global economy, but it is especially prominent for a particular segment of the economy: industries such as information technology, telecommunications, and business services where companies are providing technologically complex products and knowledge-intensive services to other large corporate customers.1
Encountering American Indians in Britain: Visits and Virtual Journeys
Authors: Bickham Troy O
Published: November 2023

Although eighteenth-century Britons were separated from American Indian homelands by an ocean, hundreds of miles of wilderness, and a colonial buffer, the British nevertheless encountered them on a regular basis. These encounters, however, were largely staged, virtual events that were tailored to the public’s interest in the empire, which in the second half of the century Britons perceived as increasingly crucial to their own prosperity, both national and personal. In this context, British desire to learn about American Indians, as well as other alien cultures that were thought to influence the course of the empire, blossomed.
Empire Through Evangelization: The Society for the Propagation of the Gospel and the American Indians
Authors: Bickham Troy O
Published: November 2023

The evangelization of the native ‘heathens’ of America was always among the English, and later British, imperial impulses. Richard Hakluyt listed it among his reasons for empire-building in the Americas in his Discourse to Promote Colonization (1584); it was included in the Virginia Company’s first charter in 1606; and it played into John Winthrop’s now famous justifications for the Puritan settlement of New England. In these instances, however, the rhetoric was far removed from reality. Economic impulses, rather than religious spirit, dominated British Atlantic expansion; the Jamestown colonists and Puritans in New England both killed far more Indians than they converted.
The Role of Trustworthiness in Reducing Transaction Costs and Improving Performance: Empirical Evidence from the United States, Japan, and Korea
Authors: Dyer Jeffrey H , Chu Wujin
Published: November 2023

The issue of trust in economic exchanges has recently received considerable attention in the academic literature (Barney and Hansen 1994, Mayer et al. 1995, Zaheer et al. 1998) as well as the popular press (Business Week 1992, Economist 1996, Fukuyama 1995). Trust in exchange relationships has been hypothesized to be a valuable economic asset because it is believed to: (1) lower transaction costs and allow for greater flexibility to respond to changing market conditions (Gulati 1995, Barney and Hansen 1994, Uzzi 1997, Dyer 1997) and (2) lead to superior information sharing that improves coordination and joint efforts to minimize inefficiencies (Aoki 1988, Clark and Fujimoto 1991, Nishiguchi 1994). Some scholars even claim that national economic efficiency is highly correlated with a high-trust institutional environment (North 1990, Casson 1991, Fukuyama 1995). For example, Fukuyama (1995, p. 7) argues that the economic success of a nation, ‘as well as its ability to compete, is conditioned by . . . the level of trust inherent in the society.’ Indeed, numerous scholars have suggested that interorganizational trust is a key factor in explaining alliance success (Dyer 1996b, Doz and Hamel 1998). These claims have increased our attention to the important role of trust in economic exchanges.
Trust, Power, and Control in Trans-Organizational Relations
Authors: Bachmann Reinhard
Published: November 2023

Today, a majority of practitioners and academic observers seem to agree that specific forms of long-term oriented co-operation between—in formal terms— independent forms imply important advantages which would neither occur simply on the basis of purely opportunistic behavior and short-term orientations nor would they arise from structures of central control and organizational integration. In the organizational and management literature of the past 15 years or so, many successful inter-firm relationships are described as being based on a hybrid form of co-operation where business partners are ‘neither friends nor strangers’ (Lorenz 1988) and where the structure and quality of relations are constituted somewhere ‘between market and hierarchy’ (Williamson 1985). ‘Strategic alliances’ ( Jarillo 1988; Child and Faulkner 1998) and ‘organizational networks’ (Miles and Snow 1986; Sydow et al. 1995; Ebers 1997) are increasingly seen as a very promising form of trans-organizational relationships. The various reasons given for this view are built on the argument that this approach provides a balance between competition and co-operation and can avoid the primacy of one of these principles over the other (Dei Ottati 1994).
Challenger: Changing the Odds Until Something Breaks
Authors: Milliken Frances J
Published: November 2023

On January 28, 1986, the space shuttle Challenger disintegrated, killing all seven of its crew, including ‘America ‘s teacher in space ‘, Christie McAuliffe. Those who watched are unlikely to forget their feelings of disbelief and horror. The disaster destroyed more than a space shuttle: it destroyed a part of America ‘s vision as well (Schwartz 1987). The American public, like NASA ‘s managers, had grown complacent about the shuttle technology. We assumed the twenty-fifth launch would succeed because the previous twenty-four launches had succeeded. NASA had produced a long string of successes in the face of hypothetically low probabilities of success, and one result seems to be that both NASA and the American public developed a conviction that NASA could always succeed. The disaster suddenly reawakened us to the technology ‘s extreme complexity and high risk. The ensuing investigation into the causes of the accident reminded us how unrealistic and error-prone organizations can be.
Loan Participations: Legal Relationships Between The Lead Bank and Participants, Participants and Borrower, and Among Participants
Authors: Mugasha Agasha
Published: November 2023

‘Loan participation’ in this chapter means an arrangement where the lead bank sells an undivided interest in its loan to a participant (see Figure 1.7, in para 1.40 above, for a diagram illustrating this relationship). Such an arrangement is popular in the United States, Canada, and Australia as a method of transferring an interest in a loan from one lender to another party. It is not so popular and only constitutes a minority practice in England. In England it has been used in the sale of distressed debt, ie the corporate debt of companies which were in, or approaching, severe financial difficulty. Transactions concerning the sale of distressed sovereign debt and concluded overseas on the basis of this method have also come before English courts.
Loan Sub-Participations: Legal Relationships Between The Lead Bank and Sub-Participant, and Borrower and Sub-Participant
Authors: Mugasha Agasha
Published: November 2023

This chapter discusses ‘sub-participations’ as commonly understood in English financial practice. Sub-participations serve the same function as ‘loan participations’ as commonly understood in the United States and some other jurisdictions but the two practices are different and have different legal connotations. Of course, the label given to a particular transaction is not conclusive as to its true legal nature and the legal consequence ultimately depends on the construction of the particular agreement at hand. Thus one encounters some mix-up and inter- changeability of terminology in practice and academic commentary. The US-style loan participations are discussed in chapter 6 above, to which the reader is referred.
Syndicated Loans and Borrower Insolvency: Winding-Up and Workout Procedures
Authors: Mugasha Agasha
Published: November 2023

Problems do arise during the period when a syndicated loan is in place and normally the syndicate members will negotiate to reach a mutually advantageous decision or they will waive some important provisions in the syndicated loan agreement to resolve the problems. However, the insolvency of the borrower, actual or prospective, presents an extreme situation for the lenders because it is a signal that the borrower is not able to service its debt obligations. Insolvency occurs when the borrower cannot pay its debts when they fall due or when the value of its assets is less than the amount of its liabilities, or both. Insolvency occurs for different reasons.
The Regulation of Syndicated Loans and The Secondary Loan Market Practices
Authors: Mugasha Agasha
Published: November 2023

There are no regulations specifically targeted at syndicated loans or related secondary loan market practices. However, a number of domestic and international regulations directly or indirectly impact on these practices either because they are lending or investment transactions or because the parties involved are banks and other financial institutions. Many of these regulations were touched upon briefly in previous chapters; this chapter gives fuller detail and focuses on environmental regulation which was not covered elsewhere.
Motorway Tolls and Sustainable Transport Policy
Authors: Rodi Michael
Published: November 2023

Aside from energy policy, transport policy is likely to pose the greatest challenges in the quest for a comprehensive, sustainable policy agenda. With Article 2 of the EC Treaty simultaneously calling for a harmonious, balanced, and sustainable development of economic activities and a high level of protection and improvement of environmental quality, a transport policy that meets the requirements of sustainability becomes absolutely critical. Surprisingly enough, however, the environmental integration principle, which was already elevated to the status of primary law with its inclusion in the EC Treaty in 1987, has been essentially ignored within the scope of European transport policy—which, alongside agricultural policy, is one of the original core policies of the Community. As the European Commission has phrased it, therefore, the ‘Time to Decide’ has come for transport policy, and an internalization of external costs has been identified as one of its main priorities. Among policy instruments, electronically collected motorway tolls rank high in the favour and hopes of decision makers. The following chapter will outline political opportunities and the legal framework of this newly discovered instrument for sustainable transport policy. The current policy debate illustrates that, both from the perspective of environmental protection as well as transport and competition policy, several issues require clarification with a view to their bearing on primary European Community (EC) law and their implementation through legally consistent secondary rules.
Atmospheric Pollution
Authors: Calatayud Alexandra
Published: November 2023

Similarly to 2003, most of the developments on air pollution for 2004 involve old initiatives and no significant new proposals. Among the old legislative dossiers of great importance is the draft Fourth Air Quality Daughter Directive relating to Heavy Metals and Polycyclic Aromatic Hydrocarbons. This Directive is the last in the set of legislation that had to be adopted pursuant to Directive 96/62/EC on Ambient Air Quality and Management (Air Quality Framework Directive), and is an important element of the overall strategy to improve air quality in the European Union (EU). Other dossiers to look out for include the Directive on Paints and Solvents, aimed at reducing volatile organic compounds (VOCs), and the draft Directive on Sulphur-Free Shipping Fuel. On the international arena, a key development will be how the question of methyl bromide phase-out is dealt with in the extraordinary and the regular Meeting of the Parties (MOP) of the Montreal Protocol, which both take place this year. In 2004, the European Commission (Commission) published the required guidance for the implementation of Directive 2002/3/EC relating to Ozone in Ambient Air (Ozone Directive). The Commission Decision contains advice on the development of short-term action plans that must be drawn up in the event of exceedances of ozone alert thresholds, as well as on strategies to measure ozone precursors. It provides for geographical differences, regional extension, duration of possible measures, and gives examples of short-term actions. In the case of guidance on monitoring levels, the Decision supplies recommendations for the location of the mandatory measuring station.
Nature Conservation
Authors: García-Ureta Agustín
Published: November 2023

The European Community’s (EC) policies regarding nature protection reflect conflicting perspectives. On the one hand, there is ample consensus on the continuing disappearance of species and on the need to counter that prima facie unstoppable trend. The Community has adopted ambitious objectives designed to implement efficient protection mechanisms for the species. On the other hand however, the adoption and transposition of basic EC rules happen at a sometimes exasperatingly slow pace. In fact, special conservation areas created by Directive 92/43/EEC on the Conservation of Natural Habitats and of Wild Fauna and Flora (Habitats Directive), should have been designated by the Member States in 2004. Nevertheless, the Community has not yet completed the list of biogeographical regions, which is to precede those designations, and which was to be concluded by 1998, thus revealing the gulf between legal compromises and their effective implementation. Admittedly, it is not an easy task. Community rules are applied in different Member States with diverse realities and administrative practices. It is for this reason that the European Commission (Commission) has been drafting several documents providing coherent interpretation of key Community Directives, including highly contentious matters such as hunting practices. The Commission’s supervision of Member States activities and questions of Members of the European Parliament (MEPs) reveal that development projects area causing severe damage to habitats and species. Obligations requiring the assessment of projects and plans or programmes affecting protection areas will become the most important sign of the effectiveness of Community rules. The ruling of the European Court of Justice (ECJ) in case C-127/02, Landelijke Vereniging tot Behoud van de Waddenzee, Nederlandse Vereniging tot Bescherming van Vogels v. Staatssecretaris van Landbouw, Natuurbeheer en Visserij, which is considered below, has enhanced the scope of those provisions, imposing strict conditions in the light of the precautionary principle. Unfortunately, the prospects seem bleak. In 2004, an increasing number of actions was taken by the Commission to force the Members States to comply with prior ECJ rulings declaring the breach of nature conservation Directives.