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Commercial Contract Law and Arbitration: From Assignments to Unfair Terms
by Mads Andenas Maren HeidemannThis book tackles one of the most challenging fields of research and practice in the current global trade environment: integrating doctrines of private and public law for the purpose of international commerce and trade.Traditional concepts of obligatory and proprietary claims and rights reach their limits when placed within an international context of litigation funding, liability and securitisation. Across disciplines, scholars and practitioners are seeking new ways of expanding and reconnecting novel products and services such as data; and the use of international dispute settlement with indispensable constitutional values and democratic processes is also growing. This book combines contributions on current issues in commercial contract and contract law, making an important contribution to the areas of substantive contract law and arbitration procedure that connect issues across disciplines. Exploring both substantive and procedural laws, the book explores unfair terms in non-consumer contracts, which is complemented by a broader contextual discussion of the regulation of platform operators in the European Union; while a discussion of the procedural role of public reporting of investment arbitration awards by the International Centre for the Settlement of Investment Disputes (ICSID) expands on the procedural aspects of arbitration within the wider context of the rule of law debate.Debating policy issues in general private law reform, and including a juxtaposition of a traditionalist continuation-oriented approach and a call for radical reform of entrenched and outmoded private law concepts to suit global commerce, this book will be of interest to students, academics and practitioners working in the area of commercial contract law and arbitration.
Common Good and Self-Interest in Medieval and Early Modern Philosophy (The New Synthese Historical Library #78)
by Heikki Haara Juhana ToivanenThis open access volume provides an in-depth analysis of philosophical discussions concerning the common good and its relation to self-interest in the history of Western philosophy. The thirteen chapters explore both renowned and lesser-known thinkers from the Middle Ages to the eighteenth century, covering also the relevant ancient background. By bridging the gap between the medieval and early modern periods, they provide fresh insights into how moral and political philosophers understood the concepts of the common good and self-interest, along with their ethical and political implications. The concept of the common good occupies a central role in philosophical reflections on the public and private dimensions of moral and social life in contemporary debates. By exploring the rich and diverse ways in which the relationship between the common good and self-interest has been understood, this volume has the potential to contribute to our ongoing efforts to critically discern the possibilities and limitations of these concepts in the present. Thus, the volume will be useful for scholars interested in the multi-layered role of the notion of the common good both in the history of philosophy and in contemporary moral and political philosophy.
Communicating Ethically: Character, Duties, Consequences, and Relationships
by William W. NeherThis thoroughly updated fourth edition provides a broad introduction to the major theoretical perspectives on the ethics of communication. It brings together classical and modern theories of ethical philosophy to address issues at play in specific careers and domains throughout the field. By incorporating a simple framework for ethical reasoning, readers are able to develop their own understanding of various criteria for making ethical judgments. The book applies ethical theories, such as virtue and dialogical ethics, to interpersonal, organizational, political, social media, and digital communication contexts. This edition contains expanded coverage of contemporary and non-Western issues and theories. This includes the Black Lives Matter and #MeToo movements, "fake news", new technologies such as "Deepfake" videos, Confucian ethics, and Igbo ethics. It also includes a new chapter on the ethics of communicating scientific and medical risks. This book serves as a core textbook for undergraduate courses in Communication and Media Ethics and can also be used as a supplemental resource for field-specific courses in Strategic Communication, Interpersonal Communication, and Public Relations. Online resources for instructors include sample syllabi, sample assignments, and a test bank for multiple choice and essay questions. They are available at www.routledge.com/9781032507798.
Communication, Leadership and Trust in Organizations (Routledge Studies in Trust Research)
by Joanna Paliszkiewicz Cusumano, Jose L. GuerreroTrust in communication and leadership is the key to success in business. This book presents and discusses the main issues and challenges posed by communication, leadership, and trust. The first part of the book describes the communication and trust issues, the second part presents the role of trust in leadership, and the third part describes different examples of implementing trust to organizations. Readers will gain from this book theoretical and practical knowledge of communication, leadership, and trust; empirically validated practice regarding trust and its related concepts; and a novel approach for addressing this topic. This book can be used as a toolbox to improve understanding and opportunities related to building trust in organizations and will be especially valuable for students and researchers in the fields of leadership, organizational communication, business ethics, and trust research.
Communication Skills for Global Leadership: Strategies for Effective Intercultural Management (Contemporary Themes in Business and Management)
by Apoorva BharadwajIntercultural business communication has assumed enormous significance in recent times for corporate leaders for transmitting and disseminating ideas across borders and for achieving organisational goals. This book provides a comprehensive introduction to communication strategies in business with a focus on diversity management skills.Culturally congruent communication competencies play an essential role in fostering productive conversations in transnational markets. This book includes in-depth research that explores key communication skills like negotiations, leadership, persuasion, argumentation, and corporate etiquette for professionals working in multinational realms of international commerce. It discusses intercultural management theories, non-verbal communications, and effective methods of communicating in virtual environments. The book also highlights the role and importance of diversity management in steering and helming multicultural teams and the expertise needed to manage stressful and challenging communication scenarios in variegated geo-cultural workspaces.Part of the Contemporary Themes in Business and Management series, this book will be useful for scholars and researchers of management studies, business communications, communication studies, business economics, business ethics, and digital communication, as well as for corporate professionals working with multinationals.
The Communicator's Guide to Media Law and Ethics: A Handbook for Australian Professionals
by Mark PearsonThis book offers an introduction to the key legal and ethical topics confronting Australian journalists and strategic communicators both at home and internationally and offers a suite of reflective techniques for navigating them. It starts by positioning morals, ethics, and the law in their historical and philosophical frameworks by tracing the evolution of free expression and professional media ethics. Media law and ethics are then contextualized in their modern international human rights framework. Readers are equipped with a skill set for reflecting on the law and ethics of professional media dilemmas – including mindful reflection, the Potter Box, journaling, concept mapping, and discussion. Such approaches are then applied to key topic areas, including free expression; reputation; confidentiality; privacy; justice; intellectual property; national security; discrimination and harassment; and conflicted interests. Each is examined in terms of its philosophical underpinnings, relationship to human rights, professional ethical context, international examples, legal principles, key Australian laws, legal cases, and strategies for applying reflective practice techniques. It concludes on a confident note – imploring communicators to engage in constructive and mindful strategic communication with the authority and confidence that results from a working knowledge of media law and ethics. This handbook is for professional communicators and students in all fields, but particularly in journalism, public relations, corporate communication, media relations, and marketing.
A Communist for the RCMP: The Uncovered Story of a Social Movement Informant
by Dennis GruendingIn 1941, the RCMP recruited Frank Hadesbeck, a Spanish Civil War veteran, as a paid informant to infiltrate the Communist Party. For decades, he informed not only upon communists, but also upon hundreds of other people who held progressive views. Hadesbeck’s “Watch Out” lists on behalf of the Security Service included labour activists, medical doctors, lawyers, university professors and students, journalists, Indigenous and progressive farm leaders, members of the clergy, and anyone involved in the peace and human rights movements. Defying every warning given to him by his handlers, Hadesbeck kept secret notes. Using these notes, author Dennis Gruending recounts how the RCMP spied upon thousands of Canadians. Hadesbeck’s life and career are in the past, but RCMP surveillance continues in new guises. As Canada’s petroleum industry doubles down on its extraction plans in the oil sands and elsewhere, the RCMP and other state agencies provide support, routinely branding Indigenous land defenders and their allies in the environmental movement as potential terrorists. They share information and tactics with petroleum industry “stakeholders” in what has been described as a “surveillance web” intended to suppress dissent. A Communist for the RCMP provides an inside account of Hadesbeck’s career and illustrates how the RCMP uses surveillance of activists to enforce the status quo.
Community Courts and Postcolonial Legal Pluralism: Criminal Justice in Mozambique
by Tina LorizzoBy focusing on the role of community courts in Mozambique, this book offers a postcolonial perspective on legal pluralism. In Mozambique, judicial courts are distant and expensive, and legal terminology is incomprehensible to the majority of people. As such, Mozambicans continue to rely on different normative systems to resolve their disputes – systems that have always been considered to be closer, cheaper and faster than judicial courts. This book analyses the functioning of community courts in the Mozambican capital city of Maputo. As it considers how the past shapes the relationship of the state with community courts, the book uncovers the Eurocentrism of mainstream discourses and practices of criminal justice. In response, it develops a postcolonial account of legal pluralism. By arguing that community courts can therefore be seen as the form of an otherwise neglected local knowledge, the book discusses their overlooked importance in improving widespread access to criminal justice. This book will be of value to scholars working in the areas of legal pluralism and postcolonialism and others with interest in criminal justice.
Company Law and Directors’ Duties in Sub-Saharan Africa: Fixing the Enforcement Regime (Routledge Studies on Law in Africa)
by Oludara AkanmiduThis book provides a critical analysis of the enforcement regime for breach of directors’ duties in sub-Saharan Africa. Focusing on Nigeria, Kenya, Ghana, and Tanzania, it interrogates the current ‘state of play’ regarding the enforcement of directors’ duties in sub-Saharan African countries.The book examines the effectiveness of enforcement, the reasons for its successes or failures and how it might be improved in these countries. Finally, taking into consideration the specific socio-cultural context of the countries in question, it offers persuasive and practical avenues for reform.This book will be of interest to scholars and practitioners of comparative corporate law and corporate governance in Africa.
Comparative Administrative Law: Perspectives from Central and Eastern Europe (Routledge Research in Public Law)
by Ieva DeviatnikovaitėThis book presents the origins, doctrine, institutions, and challenges confronting modern administrative law in Central and Eastern European countries. Administrative law was first defined by a Polish lawyer in the 19th century, but for historical reasons, there has been little scholarship on the subject in relation to countries in the region in recent times. This book fills this gap in the literature. It examines the roots and structure of administrative law in the Czech Republic, Hungary, Latvia, Lithuania, Poland, the Slovak Republic, and Ukraine. Each chapter examines the key concepts including historical background, the system of administrative law, the civil service, the spectrum of administrative activity, judicial review and other types of control over public administration, and administrative liability. The impact of European Union law on the legal order of the countries is also reviewed. The book will be of interest to students, academics, and researchers working in the areas of administrative law, public law, comparative law, and legal history.
A Comparative Analysis of Systems of Education Law
by Charles J. Russo Leijun MaThis book focuses on enhanced educator awareness of issues involving the status of the right to education as guaranteed by various legal systems throughout the world, in light of the growing interest in comparative and international studies, including the law. Consequently, this interdisciplinary, comparative book, which includes original chapters by leading academicians with expertise in law and education, is designed to serve as a resource for researchers in education and law as well as policymakers and students. To this end, the book provides readers with an enhanced awareness of the nature of legal systems impacting education throughout the world. Education is the driving force of the world development as well as the basic way to realize human rights and values. At the same time, law plays an important role in the protection, evaluation, guidance, and promotion in the process of the development of education. The book thus has interdisciplinary appeal. Various audiences will find this highly accessible book informative and valuable, including scholars with an interest in Education Law, university faculty and classes (whether involved in teacher preparation or educational leadership), legal practitioners, and university libraries.
Comparative Executive Power in Europe: Perspectives on Accountability from Law, History and Political Science (Routledge Research in Constitutional Law)
by Marcel Morabito Guillaume TusseauThis book provides an up-to-date interdisciplinary assessment of the accountability of executive power in different European States and at the European Union level. From a legal perspective, it wonders to what extent the forms of responsibility and accountability of executive power have evolved in terms of legal technique or framework. From a historical perspective, it looks at the evolution of responsibility paradigms. From a political science perspective, it examines responsibility and the expectations of European democracies in terms of authority and efficiency. The volume also has a quantitative aspect identifying, gathering and analysing statistical material on responsibility and accountability in current political regimes. The book will be a valuable resource for researchers, academics, and policy-makers in constitutional law and politics, public law, comparative law, comparative politics, legal history and government.
Comparative Perspectives on the Chinese Civil Code: Property Law Across Cultures
by Meiling Huang and Paul J. du PlessisThis book provides a comparative analysis of Chinese property law as depicted in the newly enacted Chinese Civil Code.The Chinese Civil Code, the first civil code in the history of the People’s Republic of China, was enacted as law in May 2020. Reflecting the growing interest in this code and its provisions to scholars of codification and of comparative private law, it has already been translated into English, German, and Italian. Chinese property law has both local and global features, and this comparative study offers a channel through which to understand Chinese property law, by highlighting both its similarities and differences from other property systems. Broadly speaking, the book brings together two approaches. The first comprises a comprehensive discussion of aspects of Chinese property law, such as ownership, property rights, and secured transactions. The second consists of perspectives from other jurisdictions and provides an assessment of Chinese property law based on other property systems. Containing contributions by both distinguished and young scholars, who are experienced in comparative property law research, the book offers a unique insight into the Chinese Civil Code and, through it, how extra-civilian elements are embodied in a fundamentally civilian legal system.This book will appeal to scholars and students of property law, comparative law, and others with specific interests in law and politics in China.
Comparative Perspectives on the Right to Privacy: Pakistani and European Experiences (Ius Gentium: Comparative Perspectives on Law and Justice #109)
by Sohail AftabThis book focuses on devising a comprehensive protective mechanism for the right to privacy in Pakistan. It argues that the existing legal regime lacks an effective remedy for victims of privacy violations and emphasizes the need for comprehensive legislation to safeguard this crucial right. Pursuing a multidisciplinary approach, the book thoroughly explores the issue of media intrusions into people’s privacy through thematic media content analysis and highlights the significant impacts of these intrusions on victims’ lives.In the process, the book addresses various conceptual aspects, their relevance, and their implications for privacy-related disputes during adjudication. Recognizing that theoretical underpinnings alone may not be sufficient to create a legal regime “from scratch,” it explores the enforcement of the right to privacy under the European Convention on Human Rights (ECHR), as interpreted and enforced by the European Court of Human Rights (ECtHR).The book subsequently goes beyond exploring international law by analyzing the impact of media-and-privacy cases on privacy protection in two major member states: Germany (a civil law jurisdiction) and the United Kingdom (a common law jurisdiction). Drawing upon these conceptual and comparative legal deliberations and findings, the book provides concrete guidelines for a new privacy law in Pakistan.
A Comparative Study of Representative Systems
by Yezhong ZhouThis book demonstrates the social and historical conditions for the existence and development of the representative system and uncovers the laws dictating its occurrence, development and operation. Due to the barriers of language and cultural communication, the understanding of democracy differs in western and Chinese cultures, which leads to many misinterpretations and even bias. The book displays the merits and drawbacks of different forms of democracy on the basis of a comparative study of the different representative systems and argues that different representative systems can co-exist side by side and that the selection of the appropriate form of democracy must reflect the actual conditions in a given country. Therefore, a blind evaluation or criticism is unreliable.The book could provide good opportunities for western scholars to see how the Chinese scholars understand democracy and the representative system, help the westerners to understand the forms of democracy with Chinese characteristics and rationality of the socialist people’s representative system, grasp the true essence of Chinese Constitution and democracy and give up their bias towards China for a better communication and mutual understanding. This book constructs a theoretical framework for studying the representative system and provides a solid foundation for its further research, promoting the improvement and development of constitutional jurisprudence. Even today, the comparative study of the basic theories, system building, and operation of the representative system are of great theoretical significance and practical value in the Chinese political development and reform.The book is primarily intended for graduates and scholars in the areas of constitutional jurisprudence on China and abroad. It is a must-read for constitutional researchers and those who want to know the essential differences between Chinese and Western constitutional jurisprudence.
Compensating Landowners in the Vicinity of Airports: A Comparative Study of the Neighbour Conflict
by Magdalena HabdasThe purpose of this book is to consider the neighbour conflict arising between airports and neighbouring owners of land, particularly with residential uses, as well as to assess the existing solutions applied to manage or resolve that conflict. The book explains why the neighbour conflict between the airport and landowners is of a particular kind and what legal instruments are applied to resolve it in an attempt to balance the interests of opposing parties. Readers will develop an understanding of how the law operates when damage is caused by a legal act of the government and what the limits of compensable loss are. In addition, the reader will discover the economic foundations of possible solutions and why not all market losses are legally compensable. Key features of this book include: • a consideration of key legal concepts such as neighbour law, nuisance, protection of property, land use restrictions, liability, and compensation to inform a unique analysis of neighbour law in the context of conflict between airports and neighbouring landowners • practical guidance on an airport’s legal liability towards neighbouring landowners • a comparative analysis of airport’s liability, compensation claims, their scope and economic effects • a comparative overview of planning and environmental solutions applied in a variety of jurisdictions • discussion of valuation methods and challenges when loss of property value is the measure of compensation The author’s intention is to promote conscious and civil relations among market participants, as opposed to opportunistic and speculative behaviour. This book is important reading for lawyers, academics, PhD students, and postgraduate students dealing with land use regulations, environmental law, compulsory purchase, eminent domain and expropriation issues and compensation for property restrictions, as well as with aviation law and legal aspects of airport operations.
Compensation and Reward Management: Wage and Salary Administration and Benefits
by R. C. Sharma Sulabh SharmaThis book presents a comprehensive account of the intricacies related to compensation and reward management in Indian organizations—a vital strategic feature of HR management. It presents a blend of theoretical concepts, definitions, approaches, methods and techniques related to compensation practices being followed/likely to be followed in organizations. Starting with a conceptual framework, it discusses wage determination and wage fixation practices in India, salary reviews and reward management policies, and processes and procedures, in addition to international remuneration with special reference to expatriates and the remuneration of third country nationals. In addition to examining the designing and monitoring of salary grade structures including salary progression curves, it spells out divergent systems and institutions for wage determination/wage fixation practices in Indian organizations.Rich in pedagogical features, including learning objectives, discussion questions, individual and group activities, the volume also has numerous case studies. This book will be useful to students of human resource management, business economics, corporate finance, corporate governance, organizational studies, strategic management, finance, business and industry, public administration, social work and other allied fields.
The Complete Company Policies: Documents and Guidance
by Ian LongThis book is about a much neglected but essential element of the success of any business: company policy. This is a comprehensive guide to determining what policies your company needs, and how to draft and approve the relevant documents and implement them throughout the organization. From anti-bribery laws to data privacy and health and safety, your business is faced with a range of legal and regulatory obligations that must be identified and documented properly. These obligations must be addressed for internal and external stakeholders. The task of identifying and documenting effective policies is an essential step in establishing good corporate governance and ultimately a culture of compliance. These policies in turn provide a solid foundation for the reputation and commercial success of the organization, and form an essential "bridge" between the company’s strategy and the various procedures needed to carry it out. With many useful templates and practical examples, this book will help you to ensure the accuracy and completeness of your policy documents. It covers all areas of your business, including financial reporting, anti-money laundering, anti-fraud, conflicts of interest, data privacy and security, remote working, social media, whistleblowing, and more.This book will be useful to company directors, company secretaries and senior managers, and their advisers, including consultants, auditors, and solicitors. It will be particularly relevant to any business that needs to create or review their policies in light of current regulations and standards.
Compliance im Unternehmen für Dummies (Für Dummies)
by Oliver Haag Maximilian JantzErfüllt Ihr Unternehmen die gesetzlichen Vorgaben? Die Rechtsfolgen bei Compliance-Verstößen können erheblich sein. Wer sich also mit Compliance auskennt, die Risiken kennt und zu vermeiden oder zumindest zu begrenzen weiß, der ist gut beraten. Dieses Buch zeigt, mit welchen konkreten Compliance-Maßnahmen Sie Ihr Unternehmen sauber halten und sich wirkungsvoll gegen Compliance-Verstöße wie zum Beispiel Korruption oder andere Regelverstößeschützen können.
Con Artists in Cinema: Self-Knowledge, Female Power, and Love (Routledge Focus on Film Studies)
by Joseph H. KupferThis book examines the con artist film as a genre, exploring its main features while also addressing variations within it. The volume explores three diverse themes of the con artist film: edification, self-awareness, and liberation through con games; the femme fatale as con artist; and romantic love as a plot point. Analyzing movies such as Matchstick Men (2003), House of Games (1987), Body Heat (1981), The Last Seduction (1994), Birthday Girl (2001), and The Game (1997), the book also explores their psychological investigation of the con artist figure, the con artist’s mark, and how the dynamic between these roles implicates us as the audience. It also addresses the con artist film genre’s close association with neo-noir, especially through the femme fatale figure, investigating and updating the rich tradition of noir film. Demonstrating the range and flexibility of this understudied genre, this book will be of interest to scholars and students of film studies, ethics, and those studying the representation of women in film..
The Concept of Space and Spatial Planning: Quick Start for Architects and Civil Engineers (essentials)
by Mario H. KrausSpace is an ambiguous and sometimes controversial term. Spatial planning is based on a delicate and changeable social balance, which is reflected in the legal basis (with German law code as example) and everyday implementation. In this essential, approaches from phenomenology are used to classify the various concepts of space.
Conceptualising Arbitrary Detention: Power, Punishment and Control
by Carla FerstmanAvailable open access digitally under CC-BY-NC-ND licence This book examines what happens when states and other authorities use detention to abuse their power, deter dissent and maintain social hierarchies. Written by an author with decades of practical experience in the human rights field, the book examines a variety of scenarios where individuals are unlawfully detained in violation of their most basic rights to personal liberty and exposes the many fallacies associated with arbitrary detention. Proposing solutions for future policy to scrutinise processes, this is a call for greater respect for the rule of law and human rights.
Conciliation of Construction Industry Disputes
by Brian BondConciliation of Construction Industry Disputes describes Conciliation as it has evolved and been practised in Ireland for the past 25 years and provides readers with practical guidance on this Alternative Dispute Resolution (ADR) method. Conciliation combines advantages of both mediation and adjudication and has been very widely practiced in Ireland over the last 25 years. It is low cost, quick and has been hugely successful. It continues to be the most used and preferred method of resolution of disputes in Irish construction contracts despite the introduction of statutory adjudication. The book includes a comparison of the various methods of ADR and will assess how Conciliation fits into them, noting the pros and cons of each. Conciliation is described in detail and the reasons for its success are analysed. This book provides comprehensive guidance on how conciliation should be conducted to maximise its chance of being successful. Drawing on his wide experience of resolving disputes by conciliation, Brian Bond illustrates the problems which can be encountered and how they may be overcome. This book will be useful reading for all involved in construction contracts, construction managers, lawyers and legal advisers, conciliators, those aspiring to become conciliators and anyone looking for an alternative dispute resolution method to a construction contracts dispute.
Consciousness Studies in Sciences and Humanities: Eastern and Western Perspectives (Studies in Neuroscience, Consciousness and Spirituality #8)
by Prem Saran Satsangi Anna Margaretha Horatschek Anand SrivastavThis book presents consciousness models from Eastern and Western perspectives that accommodate current scientific research in the natural sciences and humanities, from neurological experiments through philosophical enquiries to spiritual approaches. It offers up to date research from key disciplines in consciousness studies ranging from neurology, quantum mechanics, algorithmic science, mathematics, and astrophysics to literary studies, philosophy, and (comparative) theology. The volume examines the dichotomy between Western and Eastern perceptions of consciousness – where consciousness is perceived as brain activity by Western scientists, and as a divine presence by various religions, especially in the East. The essays contextualize each other and reciprocally illuminate the potential and limits of the respective approaches. The texts aim at a transdisciplinary and transcultural exchange of ideas in consciousness studies and address a readership from interested lay-readers to experts of the field. The volume is of interest to researchers of consciousness studies.
Conservation of Contemporary Art: Bridging the Gap Between Theory and Practice (Studies in Art, Heritage, Law and the Market #9)
by Renée van de Vall Vivian Van SaazeThis open access book investigates whether and how theoretical findings and insights in contemporary art conservation can be translated into the daily work practices of conservators or, vice versa, whether and how the problems and dilemmas encountered in conservation practice can inform broader research questions and projects. For several decades now, the conservation of contemporary art has been a dynamic field of research and reflection. Because of contemporary art’s variable constitution, its care and management calls for a fundamental rethinking of the overall research landscape of museums, heritage institutions, private-sector organizations and universities. At first, this research was primarily pursued by conservation professionals working in or with museums and other heritage organizations, but increasingly academic researchers and universities became involved, for instance through collaborative projects. This book is the result of such collaboration. It sets out to bridge the “gap” between theory and practice by investigating conservation practices as a form of reflection and reflection as a form of practice.