To see the other types of publications on this topic, follow the link: Limitations of parties' autonomy.
Journal articles on the topic 'Limitations of parties' autonomy'
Create a spot-on reference in APA, MLA, Chicago, Harvard, and other styles
Consult the top 50 journal articles for your research on the topic 'Limitations of parties' autonomy.'
Next to every source in the list of references, there is an 'Add to bibliography' button. Press on it, and we will generate automatically the bibliographic reference to the chosen work in the citation style you need: APA, MLA, Harvard, Chicago, Vancouver, etc.
You can also download the full text of the academic publication as pdf and read online its abstract whenever available in the metadata.
Browse journal articles on a wide variety of disciplines and organise your bibliography correctly.
1
Ryšavý, Lukáš. "The Autonomy of the Parties’ Free Will and Its Limits When Selecting an Arbitrator." International and Comparative Law Review 17, no. 2 (December 20, 2017): 111–25. http://dx.doi.org/10.2478/iclr-2018-0018.
Full textAbstract:
Summary The party autonomy, known as one of the basic principles in private law, is one of the fundamental pillars of arbitration and one of the fundamental differences between the arbitration procedure and the proceeding before the ordinary courts. Although a wide degree of party autonomy is provided to the parties in arbitration, this “freedom” is not boundless and is limited by a number of different limitations. This article point out limitations and diversity of national regulations in the matter of appointment of arbitrator.
2
Batsura, Mikhail. "Limits to Party Autonomy in Appointing Counsel in International Commercial Arbitration." Journal of International Arbitration 38, Issue 5 (October 1, 2021): 671–98. http://dx.doi.org/10.54648/joia2021032.
Full textAbstract:
The right of a party to appoint its own counsel is an integral aspect of party autonomy and one of the fundamental rights enjoyed by the parties in international arbitration. However, party autonomy is not absolute and has its limitations. This article discusses whether the parties are free to appoint their legal counsel or face any applicable restrictions when making such appointment. The article invites a discussion on an existence of the immutability principle in international commercial arbitration and its tension with party autonomy in the selection of legal counsel (if any). Finally, the article proposes possible solutions for regulation of a party’s right to appoint a counsel of choice. international commercial arbitration, party autonomy, due process, right to appoint a counsel, arbitral tribunal, immutability principle, inherent powers, IBA Guidelines on Party Representation in International Arbitration, LCIA Rules: General Guidelines for the Authorised Representatives of the Parties, disqualificationMikhail Batsura
3
Dickson, Moses Oruaze. "Party autonomy and justice in international commercial arbitration." International Journal of Law and Management 60, no. 1 (February 12, 2018): 114–34. http://dx.doi.org/10.1108/ijlma-12-2016-0184.
Full textAbstract:
Purpose Party autonomy is a core tenet of the arbitral process which bestows certain contractual freedoms upon the disputing parties. This paper aims to utilise both doctrinal analysis and theoretical conceptualisation to examine the principle of party autonomy in international commercial arbitration. It examines the extent to which certain exceptions to this principle, such as public policy and natural justice, where autonomy impedes on matters of justice and delocalisation, have restricted the principle in practice. Design/methodology/approach Party autonomy is a core tenet of the arbitral process, which bestows certain contractual freedoms upon the disputing parties. However, in spite of its appeal as an unfettered right, it has been challenged by an array of exceptions that have rendered it largely unqualified in international commercial arbitration. This paper utilises both doctrinal analysis and theoretical conceptualisation to examine the principle of party autonomy in international commercial arbitration. It examines the extent to which certain exceptions to this principle, such as public policy and natural justice, where autonomy impedes on matters of justice and delocalisation, have restricted the principle in practice. Furthermore, approaches to party autonomy in two distinct legal systems, the Common law system in England and Sharia law in Saudi Arabia, are examined to ascertain the extent to which party autonomy has been hindered by these exceptions. Findings Arbitration continued to grow throughout the forgone centuries, with key philosophers, such as Aristotle, advocating the advantages of arbitration over litigation. In addition, the emergence of party autonomy occurred in the sixteenth century, with Dumoulin proposing that the parties’ will in contracts is sovereign. Thus, party autonomy began to develop into a significant aspect of contract law, which plays a pivotal role in arbitration. This is because the principle has its roots in the autonomous will of the parties to conduct the arbitral process as they wish. The paper explored the debate regarding party autonomy and its development into the contemporary world of arbitration. It examined its origins and how it has grown into the core fabric of arbitration today. Emphasis was provided in relation to the nature of the principle, which was highly relevant to the debate. This is because it is vital to appreciate issues such as freedom of contract to have a deeper insight into the principle and what it entails. The limitations of party autonomy were extensively examined, and the public policy exception was found to construe narrowly by a vast number of States. As a result, it was suggested that the exception should be more than merely a theoretical defence. Thus, it should be exercised where enforcement of an arbitral award would disregard unjust or improper results. Furthermore, the natural justice principle was observed as a double-edged sword that protected the parties in the arbitral process. However, it also hampered the effectiveness of party autonomy by impeding upon the parties’ freedom to contract, which ultimately limited the principle. Thus, it is concluded that the principle of party autonomy is not absolute. While it would be desirable if it was, certain issues cannot be resolved so easily. Limitations to party autonomy have existed since its inception and are most likely to continue. Although this is not the ideal situation for proponents of autonomy, it nevertheless appears to be the case. However, it is proposed that limitations to party autonomy should be chipped away as much as possible. This would enable the autonomy of the parties to be upheld at a much higher rate. Originality/value This paper utilises both doctrinal analysis and theoretical conceptualisation to examine the principle of party autonomy in international commercial arbitration. Secondary sources were also used.
4
van Schagen, Esther. "Source of Concern or Room for Experimentation?" European Journal of Comparative Law and Governance 3, no. 2 (June 1, 2016): 187–223. http://dx.doi.org/10.1163/22134514-00302001.
Full textAbstract:
State actors increasingly involve private parties in the development of binding alternative regulation in private law. This involvement may be welcomed as an exercise of parties’ rights, but private parties may simultaneously limit other parties’ rights. Consequently, state actors have sought to control the influence of private parties particularly in the German legal order, where the constitutional principle of private autonomy is interpreted so as to require the protection of weaker private parties from Fremdbestimmung (hetero-determination) coming from structurally much more powerful private parties. In comparison, while Dutch law generally recognizes principles of private autonomy and the need to protect parties from heterodetermination (‘heteronomie’), so far this has not permeated the Dutch discussion on alternative regulation. The idea of hetero-determination may serve as a starting point for a more active and consistent approach towards the development and limitation of alternative regulation in the Dutch legal order.
5
Chalkey, Katherine, and Martin Green. "In the context of mediation, is safeguarding mediator neutrality and party autonomy more important than ensuring a fair settlement?" International Journal of Law in the Built Environment 8, no. 2 (July 11, 2016): 161–75. http://dx.doi.org/10.1108/ijlbe-10-2015-0016.
Full textAbstract:
Purpose This paper aims to explore the appropriate role and approach of mediators and investigate whether mediator neutrality and party autonomy should prevail over mediators’ obligations to remain neutral where non-intervention would result in unfair settlements. Design/methodology/approach The paper arises from polarising and paradoxical opinions of the legitimacy of mediator intervention. This paper relies upon theories proposed in peer-reviewed journals, together with secondary data. Findings Mediator neutrality has no consistent or comprehensible meaning and is not capable of coherent application. Requirements for mediator neutrality encourage covert influencing tactics by mediators which itself threatens party autonomy. Mediator intervention ensures ethical and moral implementation of justice, removal of epistemological implications of subjective fairness and compensation for lack of pure procedural justice in the mediation process. Party autonomy requires mediators to intervene ensuring parties adequately informed of the law and equal balance of power. Research limitations/implications Peer-reviewed journals and secondary data give meaningful insight into perceptions, opinions and beliefs concerning mediator neutrality, party autonomy and fair outcomes. These data comprised unstructured-interviews and questionnaires containing “open-ended” questions. Practical implications Mediator neutrality and party autonomy are less important than fair settlements. Social implications Mediator neutrality should be given a contextual meaning; mediation should be more transparent affording the parties opportunity to select a particular type of mediator; transformative and narrative approaches to mediation should be further developed. Originality/value This paper exposes the myth of mediator neutrality – a popular concept demanded by and anticipated by the parties but which is practically impossible to deliver. It also shows the need for mediator intervention to ensure a fair outcome.
6
Leikin, Eric, and Clemens Treichl. "Pick Your President: Why and How Parties Should Seek to Agree on a Presiding Arbitrator." Arbitration International 37, no. 1 (March 1, 2021): 121–52. http://dx.doi.org/10.1093/arbint/aiab006.
Full textAbstract:
Abstract It is common wisdom that selecting a suitable presiding arbitrator is vital to securing efficient proceedings and a high-quality award. As a corollary of party autonomy, the parties’ right to choose their arbitrators is subject only to few limitations, yet relatively little guidance exists for parties attempting to jointly choose the arbitral president in a structured and efficient way. This article seeks to expand on the limited guidance available. It begins by briefly examining the underlying legal framework and setting out various objectives that can serve as a yardstick in fashioning a procedure for selecting presiding arbitrators. This general analysis is followed by a proposal of a concrete, standard ‘list’ procedure which is easily adaptable to different arbitration settings and case configurations.
7
Ali, Moh, and Agus Yudha Hernoko. "Characteristics of Party autonomy in a Transnational Electronic Consumer Contract." Yuridika 35, no. 1 (October 21, 2019): 55. http://dx.doi.org/10.20473/ydk.v35i1.15105.
Full textAbstract:
International contracts involving legal subjects between countries will affect the law chosen by the parties. Electronic contracts are different than conventional contracts in general. Prominent characteristics includevirtual, paperless and borderless. Determination of legal choices cannot be made with a link-point approach that is generally applicable to conventional transactions. The typical e-commerce characteristics should be special treatment for special contracts. The virtual nature that knows no national borders is difficult to determine in which country the legal event takes place. Paperless nature often overrides accuracy in transactions, especially with regard to legal choice clauses and forum choices.In addition, another character is that electronic transactions are made in standard form and are arranged for the purpose of take or leave it. Generally, business actors have determined the choice of law and the choice of the forum. Electronic contracts place consumers in a weak bargaining position (the weaker party). There are active limitations in determining the legal choice clause, causing consumers not to have an unequal bargaining power, giving rise to a fundamental paradigm shift in the principle of freedom of contract from "party autonomy" to "one-sided autonomy". On this basis, the need for state intervention to provide legal protection in the form of mandatory regulations as an exception to the contractual principle that is absolute becomes relative, namely that the applicable law is not mutatis mutandis law that is chosen by the parties but the law where habitual residence is.
8
Talpis, Jeffrey A. "Dispute Prevention and Dispute Resolution Post NAFTA: Choice of Law and Forum Selection Clauses." Revue générale de droit 26, no. 1 (March 29, 2016): 27–68. http://dx.doi.org/10.7202/1035847ar.
Full textAbstract:
The following article describes the extent to which private parties to an international transaction in the free trade area may avoid disputes as to the law applicable to the contract and as to the court that would have the jurisdictional competency to hear disputes arising therefrom. As the study demonstrates serious limitations to the effectiveness of party autonomy, the author concludes that Government intervention is necessary to ensure a more favourable framework for international commercial transactions within the free trade area. The author also examines the growing use of alternative methods to resolve international disputes and makes a certain number of recommendations to improve and increase their use.
9
Story, Jonathan. "Les politiques ouest-européennes et le dollar : Dépendance nationale ou autonomie régionale." Études internationales 14, no. 4 (April 12, 2005): 683–744. http://dx.doi.org/10.7202/701579ar.
Full textAbstract:
The lack of autonomy of Western European states, that is, the limitations which they confront in terms of translating their policy preferences into authoritative actions, cannot be considered solely in terms of idiosyncratic domestic political institutions and cultures, or as the result of greater sensibility and vulnerability to interdependence through the flow of goods, capital and technology. The argument develops around the generalisation that during the period of "détente" from 1965 to 1979, the United States, as the world central bank, inflated the world political economy ; thereafter, the questioning of détente accompanied a United States-led policy of world deflation. European politics, in a variety of intricate ways, followed the rythm set by the United States, with a period of state policy activism in the late 1960s to mid-1970s followed by more sceptical attitudes by public officials, supported by conservative or liberal parties, on the limitations of state action. But while it could be argued that the autonomy of OECD European states was strictly limited in economic policy by the integration of national into European and world markets, it is also demonstratable that the most sensitive of these markets - the world financial markets - are most susceptible to state policy, particularly that of the United States. In turn, the influence exerted on government preferences by world financial markets has grown to such an extent that by 1983, Western European governments are all aligning priorities on what are taken to be market criteria. If fact, they are aligning their priorities on the preferences of the great powers in a period of heightened international tension. Thus, the lack of autonomy of Western European states is of political origin: their subordination through lack of continued regional autonomy in defense and finance. Implicitly, this article suggests a move in Western Europe to a confederal armed force and a European Reserve Bank, as the precondition for a revitalised Atlantic alliance.
10
KNIEPER, ROLF. "Das konzept der handlungsfreiheit im ukrainischen und deutschen zivilrecht." Право України, no. 2019/02 (2019): 60. http://dx.doi.org/10.33498/louu-2019-02-060.
Full textAbstract:
The article focuses on researching into freedom of action and freedom of contract in civil law of Ukraine and civil law of the Federal Republic of Germany. The author makes a detailed study of the provisions of civil legislation of Ukraine, namely Articles 6 and 627 of the Civil Code of Ukraine (Ukraine’s CC) which define the essence of the principle of freedom of contract. It is established that the only limits of freedom of contract are peremptory norms which may establish special requirements in respect of the parties to particular contractual relations, and also restrictions ensuing from the need to respect the rights and interests of third parties, as well as public order. Based on the findings of the research, the author draws the conclusion that freedom of action is wider than freedom of contract, since it also covers, for example, unilateral legal transactions, such as freedom to establish the will and etc. At the same time, “freedom of contract” refers to a range of potential opportunities of the parties to particular contractual relations. The author asserts that in terms of the issues under research German civil law has no fundamental differences from Ukrainian civil law. It is noted that freedom of action and freedom of contract, and also their limitations prescribed by the German Civil Code (BGB) are generalized by the concept of private autonomy (as a rule, it is a component of free development of an individual and general freedom of action). At the same time, the author believes that in the German Civil Code there is no equivalent to Articles 6 and 627 of Ukraine’s CC, since BGB does not contain any provisions defining the principles and limits of freedom of contract, freedom of action and private autonomy. An attempt is made to present the juridical, historical and legal philosophical prerequisites of private freedom of action and private autonomy, and also the dangers which threaten them with digitalization. The author believes that the objective of finding implementation of subjective freedoms in private autonomy of civil law, at the same time discarding any reflections on efficiency, is inconsistent with the current state of development of society and the legal system. Particular attention within the framework of private-law regulation is given to the category of “efficiency”. The author notes that currently there is a trend towards perception by the scientific community, the legislator and judicial authorities of the basic provisions of the doctrine which is referred to as “economic analysis of law”. In the author’s opinion, objectivity and development of the concept of reasonable participant to legal relations which lawyers and judicial authorities base their own rational ideas on, do not contradict the foundations of private autonomy. Particular attention is given to development of smart-contracts, which the author believes to help the participants to civil relations to get rid of distrust of the counterparty, and also to avoid the insecurity of subjective rights and interests, information asymmetry, and etc. The article provides a review of the legal nature of the smart-contract, its characteristics and specific features. The author notes the rapid development of the blockchain technology and analyzes its impact on the development of civil law.
11
Zapletal, Roman. "Current Perspectives Concerning the Autonomy of Will while Concluding a Fixed-Term Employment Law Relationship." Białostockie Studia Prawnicze 26, no. 2 (June 1, 2021): 81–93. http://dx.doi.org/10.15290/bsp.2021.26.02.05.
Full textAbstract:
Abstract The present text focuses on selected issues with regards to the private law principle of the autonomy of will and its manifestations within the area of labor law. More precisely, its limitations are analysed in the event of concluding an employment law relationship for a fixed term. The major restriction in the given context is seen in the requirement of one of the contracting parties to be procedurally active (while performing the respective juridical act) so that the anticipated legal consequences could be achieved. Firstly, the following paragraphs briefly deal with the general position of Czech labor law within the national regulation, in order to introduce the relevant legal context. Secondly, the main scope of the text represents limited analysis of a current fixed-term employment law relationship regulation from both the national (Czech) and supranational (EU) perspectives. Most importantly, the respective provisions arising out of applicable laws on the domestic level (the Czech Labor Code) have been confronted with those existing on the EU level (Directive 99/70/EC). Therefore, the desirable accordance of the former with the latter could be proven. As far as no less significant practical aspects are concerned, the final part points out actual challenges related to presupposed legal conversion of a fixed-term employment law relationship (based on the concluded employment contract) into an indefinite one. In the light of recent case law which will be mentioned, the conditions as prescribed in the Czech Labor Code are not interpreted unanimously, which naturally affects its application in practice in a more negative manner.
12
Sagrim, Bernard, Khasan Effendy, Ngadisah, and Sampara Lukman. "ANALISISIS KEWENANGAN PEMERINTAHAN DAERAH DALAM MENAMBAH PAD DI KABUPATEN MAYBRAT PROVINSI PAPUA BARAT." PAPATUNG: Jurnal Ilmu Administrasi Publik, Pemerintahan dan Politik 3, no. 3 (October 26, 2020): 18–27. http://dx.doi.org/10.54783/japp.v3i3.308.
Full textAbstract:
Maybrat Regency is one of the provinces located in West Papua province which was formed based on Law No. 13 of 2009 as a result of the division of Sorong Regency. As a new autonomous region, Maybrat Regency needs to increase local revenue (PAD) for the welfare of its people. Original Regional Income is a picture of the potential for regional finance which is generally based on local taxes and levies. Until now, the regional government of Maybrat district has not played an optimal role in increasing PAD. This study aims to analyze the authority possessed by the Maybrat district government in an effort to increase local revenue. This research uses a qualitative design using the post positivism paradigm, which seeks to reveal a social reality that ontologically can never be fully understood due to the limitations of human nature. The research results reveal that in the context of special autonomy, it gives wider authority to local governments in optimizing all the potential that exists to increase local revenue (PAD), such as in terms of managing the economy, governance, service affairs and cooperation with other parties.
13
Kisil, V., and A. Pashynskyi. "CONFLICT OF LAW RULES ON MARITAL PROPERTY RELATIONS IN UKRAINE: THEORY AND PRACTICE." Actual Problems of International Relations, no. 137 (2018): 48–57. http://dx.doi.org/10.17721/apmv.2018.137.0.48-57.
Full textAbstract:
This article is about the theoretical and practical aspects of conflict of law regulation of marital property relations under the Law of Ukraine “On Private International Law”. Inter alia, the paper deals with the possibility of the choice of law applicable to prenuptial contracts and marital property relations as well as the conflict of law rules applicable to property consequences of marriage in the event of absence of the choice of law. The author analyses the limitations to applying the principle of autonomy of will in marital property relations, the correlation between legal concepts of “marital property relations” and “legal consequences of marriage” and the possible forms of performing lex voluntatis. With a view to protecting the interests of the child and the weaker party in a marriage, the author proposes amendments to para 1 of Art. 61 of the Law, pursuant to which the law chosen by the parties must not impair the standing of the child or one of the spouses as compared to the law to be applied to property consequences of marriage in the event of absence of a choice of law. The paper also focuses on the overview of relevant Ukrainian court practice regarding the application of the Law during proceedings on marital property relations with a foreign element.
14
Stawarska-Rippel, Anna. "Kontradyktoryjność i inkwizycyjność w europejskiej procedurze cywilnej XIX i XX wieku." Czasopismo Prawno-Historyczne 65, no. 2 (October 31, 2018): 123–44. http://dx.doi.org/10.14746/cph.2013.65.2.05.
Full textAbstract:
Socialisation of private law in the second half of the 19th century brought about a new approach to a civil process and its purpose. The main characteristics of the evolution of the civil procedure in the 19th and 20th centuries was limited autonomy of the parties to a process. This limitation was introduced to ensure fair, expedient and cost-effective judgment. A tendency to replace the principle of an adversarial trial with elements of an inquisitorial trial was observed in civil law as well as common law systems. Relevant changes were fi rst made in the Franz Klein Austrian code of civil procedure, followed by departures from the formal truth in the civil process implemented in the system in Germany, Hungary, the Swiss cantons of Zurich and Bern, in Poland, and later, in the second half of the 20th century, also in France. In the common law system, the reform of 1999 ascertained judges a number of discretionary powers to help them establish the facts in a civil proceeding. Those changes added the public element in the civil procedure, but the very idea of a private process and the protection of private interests has been maintained. The totalitarian regimes which emerged in some European states considerably distorted the process of shaping the relationship between the state and the individual. In the socialist civil proceeding, the principle ne eat iudex ultra petita partium was replaced with ex offi cio ultra petita, which was a novelty characteristic of the civil procedure of totalitarian states. The departure from an adversarial principle in the socialist civil process was not much different from the general tendencies observed in the civil procedure in West European states. After the political transformations and change of the regime, former states of the Eastern Bloc sought to signifi cantly increase the autonomy of the parties in a civil process. However, as experience of the Western European states shows, certain public elements must be taken into account in a civil procedure if the European Convention on Human Rights is to be observed.
15
Bělohlávek, Alexander. "Arbitrability limitation in consumer (B2C) disputes? : Consumers´ protection as legal and economic phenomenon." Journal of Governance and Regulation 1, no. 3 (2012): 156–70. http://dx.doi.org/10.22495/jgr_v1_i3_c2_p2.
Full textAbstract:
Protection of consumers became a phenomenon of many governmental politics. Retrieval of a balance between privat autonomy and protection of a weaker party is very sensitive. The particular degree of consumers protection through limitation of contractual autonomy (in B2C contracts) as well as procedural autonomy (regarding B2C dispute resolution mechanisms), as chosen by particular governments, has both legal and economic effects, in positive and negative sense. The European Court of Human Rights adjudicated repeatedly that traditional court litigation is not capable to grant effective protection to contractual claims in many countries. Arbitration is therefore one of possible tools for B2C dispute resolution, even if many countries and obviously the EU Commission followe rather an opposite strategy (keeping down arbitrability of B2C disputes in the opposite to US trends). Arbitration is not a cure-all and definitely not a method suitable for the resolution of any and all types of disputes. It has its proponents as well as opponents. Indeed, it is hard to claim that a particular type (class) of disputes is a priori fit to be resolved in arbitration, rather than litigation, or vice versa. This also applies to consumer disputes (disputes from consumer contracts). It is fairly undisputable that consumers deserve a certain degree of specific protection in cases in which they are forced to enter into a particular contract and have no other option than to accept the conditions stipulated by the other party (the professional). But we cannot principally claim that the resolution of these disputes in court would be more suitable than arbitration or any other, the so-called alternative, dispute resolution method (ADR). Despite the basically undisputed importance of and the need for special consumer protection (whether provided by special laws, typically in Europe, or on the basis of general legal principles and the application of general contract law, like in the USA), the degree of such protection can be considered as somewhat controversial. The weaker party does deserve special protection within the regime of the equal status of the contracting parties. But the intensification of this protection often results in the possibility of the consumer to abuse this standard; abuse of the consumer’s right should naturally no longer enjoy any protection. Typically, consumers have grown accustomed to the practice of exercising their right to rescind (cancel) the contract by the statutory deadline while, in the meantime, they actively use the goods and thereby fulfill the purpose of the purchase (this specifically applies to seasonal goods). Besides, even a consumer ought to be required to exhibit a reasonable and usual degree of responsibility for his or her legal (juridical) acts, including the conclusion of contracts and assumption of obligations.
16
Heyman, Rob, Ralf De Wolf, and Jo Pierson. "Evaluating social media privacy settings for personal and advertising purposes." info 16, no. 4 (June 3, 2014): 18–32. http://dx.doi.org/10.1108/info-01-2014-0004.
Full textAbstract:
Purpose – The purpose of this paper is to define two types of privacy, which are distinct but often reduced to each other. It also investigates which form of privacy is most prominent in privacy settings of online social networks (OSN). Privacy between users is different from privacy between a user and a third party. OSN, and to a lesser extent researchers, often reduce the former to the latter, which results in misleading users and public debate about privacy. Design/methodology/approach – The authors define two types of privacy that account for the difference between interpersonal and third-party disclosure. The first definition draws on symbolic interactionist accounts of privacy, wherein users are performing dramaturgically for an intended audience. Third-party privacy is based on the data that represent the user in data mining and knowledge discovery processes, which ultimately manipulate users into audience commodities. This typology was applied to the privacy settings of Facebook, LinkedIn and Twitter. The results are presented as a flowchart. Findings – The research indicates that users are granted more options in controlling their interpersonal information flow towards other users than third parties or service providers. Research limitations/implications – This distinction needs to be furthered empirically, by comparing user’s privacy expectations in both situations. On more theoretical grounds, this typology could also be linked to Habermas’ system and life-world. Originality/value – A typology has been provided to compare the relative autonomy users receive for settings that drive revenue and settings, which are independent from revenue.
17
Drezner, Jonathan A., Aneil Malhotra, Jordan M. Prutkin, Michael Papadakis, Kimberly G. Harmon, Irfan M. Asif, David S. Owens, Joseph C. Marek, and Sanjay Sharma. "Return to play with hypertrophic cardiomyopathy: are we moving too fast? A critical review." British Journal of Sports Medicine 55, no. 18 (January 20, 2021): 1041–47. http://dx.doi.org/10.1136/bjsports-2020-102921.
Full textAbstract:
The diagnosis of a potentially lethal cardiovascular disease in a young athlete presents a complex dilemma regarding athlete safety, patient autonomy, team or institutional risk tolerance and medical decision-making. Consensus cardiology recommendations previously supported the ‘blanket’ disqualification of athletes with hypertrophic cardiomyopathy (HCM) from competitive sport. More recently, epidemiological studies examining the relative contribution of HCM as a cause of sudden cardiac death (SCD) in young athletes and reports from small cohorts of older athletes with HCM that continue to exercise have fueled debate whether it is safe to play with HCM. Shared decision-making is endorsed within the sports cardiology community in which athletes can make an informed decision about treatment options and potentially elect to continue competitive sports participation. This review critically examines the available evidence relevant to sports eligibility decisions in young athletes diagnosed with HCM. Histopathologically, HCM presents an unstable myocardial substrate that is vulnerable to ventricular tachyarrhythmias during exercise. Studies support that young age and intense competitive sports are risk factors for SCD in patients with HCM. We provide an estimate of annual mortality based on our understanding of disease prevalence and the incidence of HCM-related SCD in different athlete populations. Adolescent and young adult male athletes and athletes participating in a higher risk sport such as basketball, soccer and American football exhibit a greater risk. This review explores the potential harms and benefits of sports disqualification in athletes with HCM and details the challenges and limitations of shared decision-making when all parties may not agree.
18
Kachru, Rita. "Psychosocial issues and quality of life associated with food allergy." Journal of Food Allergy 2, no. 1 (September 1, 2020): 95–98. http://dx.doi.org/10.2500/jfa.2020.2.200025.
Full textAbstract:
The day-to-day challenges involved in caring for a child with food allergies can be a significant stress within a family. As the child with a food allergy grows up, developmental changes as well as external influences such as bullying and peer pressure can further influence these stressors. When the child with a food allergy is young, the family may be limited on where they can vacation or go out to restaurants, which can cause tension and frustration within the family. Hypervigilance and fear of accidental exposure to the allergen takes an emotional and physical toll on the child with a food allergy and the child’s family. Socially, children with a food allergy may have to limit participation in school events, parties, or camps. These limitations can cause feelings of isolation for the child and feelings of guilt for the parents. As the child becomes an adolescent and young adult (AYA), increased autonomy of dining options and a desire to fit in with peers can trigger higher risk-taking behavior, which can be a source of anxiety for the AYA as well as the caregivers. The aim of this review was to describe potential negative psychosocial impacts of having a food allergy for the family. Data were reviewed from a literature search of medical literature data bases between 2010 and 2020 by using the search terms “food allergy,” “psychosocial,” “anxiety,” and” quality of life.” As we better recognize the psychosocial issues associated with food allergies, we will have a better ability to develop effective interventions to improve the quality of life for these families.
19
Sharma, Sangeeta, Ajay Pandit, and Fauzia Tabassum. "Potential facilitators and barriers to adopting standard treatment guidelines in clinical practice." International Journal of Health Care Quality Assurance 30, no. 3 (April 18, 2017): 285–98. http://dx.doi.org/10.1108/ijhcqa-10-2016-0148.
Full textAbstract:
Purpose The purpose of this paper is to assess medicines information sources accessed by clinicians, if sources differed in theory and practice and to find out the barriers and facilitators to effective guideline adoption. Design/methodology/approach In all, 183 doctors were surveyed. Barriers and facilitators were classified as: communication; potential adopters; innovation; organization characteristics and environmental/social/economic context. Findings Most of the clinicians accessed multiple information sources including standard treatment guidelines, but also consulted seniors/colleagues in practice. The top three factors influencing clinical practice guideline adoption were innovation characteristics, environmental context and individual characteristics. The respondents differed in the following areas: concerns about flexibility offered by the guideline; denying patients’ individuality; professional autonomy; insights into gaps in current practice and evidence-based practice; changing practices with little or no benefit. Barriers included negative staff attitudes/beliefs, guideline integration into organizational structures/processes, time/resource constraints. Fearing third parties (government and insurance companies) restricting medicines reimbursement and poor liability protection offered by the guidelines emerged as the barriers. Facilitators include aligning organizational structures/processes with the innovation; providing leadership support to guide diffusion; increasing awareness and enabling early innovation during pre/in-service training, with regular feedback on outcomes and use. Practical implications Guideline adoption in clinical practice is partly within doctors’ control. There are other key prevailing factors in the local context such as environmental, social context, professional and organizational culture affecting its adoption. Organizational policy and accreditation standards necessitating adherence can serve as a driver. Originality/value This survey among clinicians, despite limitations, gives helpful insights. While favourable attitudes may be helpful, clinical adoption could be improved more effectively by targeting barriers.
20
Widaningsih, M. "ROADMAP PENGEMBANGAN PENANAMAN MODAL WILAYAH GARUT SELATAN KABUPATEN GARUT." Majalah Ilmiah Bijak 14, no. 2 (September 12, 2017): 169–81. http://dx.doi.org/10.31334/bijak.v14i2.15.
Full textAbstract:
The success of development within the framework of regional autonomy can not be separated from the success of the region in implementing regional economic development. Regional economic development must involve development actors, local governments can not be alone in the development process because local governments have various limitations both human and budgetary resources. Therefore, it requires the involvement of other parties, in this case the private sector or investors. Local government is only responsible more fully in the form of basic policies needed for regional development, one of which is the basic policy of investment development. Garut Regency has the potential of a very large and varied areas. Its natural wealth includes mountains, the jungle, the sea, the coast, rivers, minerals, fertile soil and beautiful panoramas. This potential, if managed properly will be a huge driving factor for the acceleration of regional development.The problem that will be the topic of attention in this study is the issue of the leading business field of potential and investment opportunities that will be offered to investors. Currently, information about the leading business areas is not available as required.Benefits in this study are: Gain a picture of economic potential in the form of commodities / products that exist in Garut regency. Obtained a picture of superior products and potential / investment opportunities selected in Garut regency.The research design used in this study is descriptive analysis. This design aims to obtain a description of the symptoms studied in the present moment. From the results of the picture, then sought answers to solving problems or phenomena that exist.The result of this research is usually to identify the superior potential to be done an investment from various sectors Garut region south of Garut regency.
21
Alina Oprea, Elena. "Party autonomy and the law applicable to the matrimonial property regimes in Europe = La autonomía de la voluntad y la ley aplicable a los regímenes matrimoniales en Europa." CUADERNOS DE DERECHO TRANSNACIONAL 10, no. 2 (October 5, 2018): 579. http://dx.doi.org/10.20318/cdt.2018.4390.
Full textAbstract:
Abstract: In a private international law context reflecting significant divergences between the objective choice-of-law rules for matrimonial property regimes, the principle of party autonomy appears as a salutary solution, bringing certainty, predictability and simplicity, while satisfying also the spouses’ substantial interests. The study focuses on the rules devoted to this principle by the European legislator in the (EU) Regulation no 2016/1103, attempting to outline its regime and insisting, particularly, on its admissibility and on the limitations that accompany its practical exercise. Providing a sufficient framework for discussion and helping to illustrate the implications of the European text, the rules of the Romanian Civil Code and of the 1978 Hague Convention on the law applicable to matrimonial property regimes will serve as a benchmark.Keywords: matrimonial property regimes, EU Regulation no 2016/1103, autonomy of will, electio juris agreements, states with more than one legal system, change of the applicable law.Resumen: En un contexto de derecho internacional privado que refleja divergencias significativas entre las reglas objetivas de elección de los regímenes matrimoniales, el principio de autonomía de las partes aparece como una solución saludable, aportando certeza, previsibilidad y simplicidad, al tiempo que satisface también los intereses sustanciales de los cónyuges. El estudio se centra en las normas dedicadas a este principio por el legislador europeo en el Reglamento (UE) n. ° 2016/1103, que intenta delinear su régimen e insistir, en particular, en su admisibilidad y en las limitaciones que acompañan a su ejercicio práctico. Proporcionar un marco suficiente para el debate y ayudar a ilustrar las implicaciones del texto europeo, las normas del Código Civil rumano y del Convenio de La Haya de 1978 sobre la ley aplicable a los regímenes matrimoniales de propiedad servirán como punto de referencia.Palabras clave: regímenes económicos matrimoniales, Reglamento (UE) no 2016/1103, autonomía de la voluntad, acuerdo de elección de la ley aplicable, estados con diversos regímenes jurídicos, cambio de la ley aplicable.
22
Mugarura, Norman. "The Law relating to syndicated loan agreements and its application in commercial practice." Journal of Financial Regulation and Compliance 24, no. 2 (May 9, 2016): 177–96. http://dx.doi.org/10.1108/jfrc-09-2015-0051.
Full textAbstract:
Purpose The purpose of this paper is to articulate the law relating to syndicated loan agreements and what legal experts and parties need to safeguard against inherent pitfalls in its usage and practice. The research design of this paper has two strands: an examination of generic issues relating syndicated loan agreements and the process; and the mechanisms for transferring proprietary rights and interests should parties want to do so. Design/methodology/approach The paper was written on the basis of evaluating primary and secondary data sources to gain insights into commercial experiences of harnessing syndicated loan facilities as an alternative form of raising finance for development projects. It has examined case law which reflects the law and practice of syndicated loan markets both in common and civil law jurisdictions. Particular attention has been paid to the credibility of source materials and its relevance to usage and practice of syndicated loan agreements. The core element of this methodology has been an evaluation of generic issues which underpin syndicated loan agreements, analysis of academic literature and evaluation of cases and policy documents. The paper has drawn examples in both common and civil jurisdictions to gain insights into the law which governs syndicated loan markets and its practical application. There has been an uptake in syndicated loan markets not only in United Kingdom but also globally. While there has been a growing body of literature on syndicated loan markets, mechanisms for transferring proprietary rights and interests of contractual parties have not been given proportionate attention. The paper addresses a gap in the law of syndicated loan markets and the varied ways in which they are harnessed in international commercial practice. It addresses existing gaps in the law and practice of syndicated loans, not only in the UK but also in other jurisdictions where examples have been drawn. The research design of this paper has two strands: an examination of generic issues relating loans and the process in which they are constituted as financial products; and the mechanisms for transferring proprietary rights and interests. Findings The findings underscore the fact that much as syndicated loans offer huge advantages to commercial parties, there are also intricacies which parties need to keep in mind and guard against. Like in other forms of commercial agreements, parties to a syndicated loan agreement have the power to nominate the governing law not necessarily from jurisdictions where they do business but as they may see fit. In practice, effective contractual terms in syndicated loans are to be applied slightly differently to other form of commercial agreements in English contract law. For example, representation and warranties are grouped together and constitute statements by the borrower, which the lender considers should be true at the inception of the loan agreement. As a syndicated loan involves the participation of many banks (obviously some foreign banks), there is the potential for conflict of laws. As such, arranging a syndicated loan should be governed by the relating to international commercial contracts to address the challenge posed by conflict of laws. This is essential to ensure proprietary transfer of rights in the asset are properly constituted and effective. The loan should be carefully structured to reflect important technical issues which relate to duties and obligation of contractual parties. Research limitations/implications This was largely a theoretical paper undertaken on the basis of evaluating primary and secondary data sources, some of which were not able to corroborate. It would have been better to corroborate some of the data sources used with financial institutions (which specialise in syndicate loans and related products) to mitigate the potential for bias the data used were generated. Practical implications It is important that legal practitioners and policy markers have access to requisite data on different types of loan markets not only in the UK but also other jurisdictions. One of the most important implication is that unlike bond markets (which are sought in response to an uptake in market risks), the foregoing environment tends to negatively correlate in syndicated loan markets. Lending institutions such as banks tend to be cautious when there are instabilities in the market as demonstrated in the aftermath of the recent global financial crisis (2010-2014). There is a converse relationship between loan markets and syndicated loans, which is explained by the fact that the higher the risks, the more cautious lenders (financial institutions) tend to be to safeguard against uncertainties of ending in an environment which is not conducive for business. Bonds on the other hand are sought as security by credit markets against inherent risks especially in times of economic uncertainties. This is why in the aftermath of the recent global financial crisis, banks were anxious and unwilling to lend not only to each other but also to small business for fear and to curtail potential market risks. It needs to be noted that just like in other forms of international commercial agreements, parties in syndicated loan agreements have autonomy to nominate the governing law of the agreement, not necessarily from jurisdictions where parties do business. Where parties have not nominated the governing law clause of syndicated loan contracts, rules of private international law such as characteristic performance of the contract will apply. Social implications There is a growing body of literature on syndicated loan markets, but one wonders why mechanisms for transferring proprietary rights and interests of contractual parties have not been written about as much. It is an important area but has somehow been overlooked by scholars on this subject. If the borrowers’ fails to keep up their repayments (default), it will have an adverse on loan markets and the economic stability which will in turn affects businesses, people and national governments. Originality/value The paper was written on the basis of evaluating primary and secondary data sources to gain insights into commercial experiences of harnessing syndicated loan facilities as an alternative form of raising finance for development projects. It has examined case law which reflects the law and practice of syndicated loan markets both in common and civil law jurisdictions. Particular attention has been paid to the credibility of source materials and its relevance to usage and practice of syndicated loan agreements. The core element of this methodology has been an evaluation of generic issues which underpin syndicated loan agreements, analysis of academic literature and evaluation of cases and policy documents. The paper has drawn examples in both common and civil jurisdictions to gain insights into the law which governs syndicated loan markets and its practical application.
23
Oliver, David. "Preventing falls and fall injuries in hospital: a major risk management challenge." Clinical Risk 13, no. 5 (September 1, 2007): 173–78. http://dx.doi.org/10.1258/135626207781572693.
Full textAbstract:
Accidental falls are the commonest patient safety incident in hospital and are especially common in older patients. They are associated with physical and psychological harm, functional impairment, prolonged hospital stay, cost and opportunity cost. Falls often cause concern and anger from patients' relatives, are a frequent cause of complaints and inquests, and may lead to claims in clinical negligence - albeit that the financial risk from these claims is low. As such, falls and related injuries should be a major concern in risk management and governance for institutions. In reality, falls are often a marker of patients' underlying medical illness and frailty and their occurrence does not necessarily mean that there has been a failure in the duty of care or that anyone or any system is to blame. Falls rates are also dependent on the case-mix and frailty of patients on the unit, so that crude unadjusted comparison of falls rates should not be used in isolation as an indicator of care quality. Nonetheless, there appear to be large variations in falls rates. It may be that some falls are essentially inevitable or unpreventable, but that others are avoidable and unacceptable, especially as we must balance falls prevention against the duty to promote rehabilitation, respect patients' autonomy and avoid an excessively custodial, ageist or risk-averse approach to care. Even though all parties may feel that 'something should be done' to manage the risk, it is not always clear what the interventions should be. This in turn means that institutions may implement interventions or assessments which are neither effective nor evidence-based. The starting point for falls prevention programmes should always be a critical review of such evidence. In this review, we discuss the underlying causes of falls, the potential for learning from incident reporting and claims analysis and, in particular, the academic literature on falls risk assessment tools (for which the evidence base is limited) and on falls prevention interventions. Evidence from clinical trials has shown that it is possible to produce modest reductions in falls rates (if not the number of 'fallers') from whole systems interventions which incorporate a variety of approaches to falls prevention. These interventions are described in detail as well as the limitations of performing research in such a frail and unstable patient group.
24
Lapidoth, Ruth. "Autonomy: potential and limitations." International Journal on Minority and Group Rights 1, no. 4 (1994): 269–90. http://dx.doi.org/10.1163/157181194x00229.
Full textAbstract:
AbstractThe role of autonomy is to ease tensions resulting from the heterogeneity of the population within a State, in particular ethnic diversity. Territorial political autonomy is compared to personal autonomy. Factors which may increase prospects for success are analyzed, as well as the pros and cons for autonomy.
25
Shrimankar, Dishil. "Why regional parties succeed at the sub-national level in India." British Journal of Politics and International Relations 22, no. 3 (April 16, 2020): 387–403. http://dx.doi.org/10.1177/1369148120912665.
Full textAbstract:
Existing scholarship in comparative politics has either focused on regionalism or on political and economic decentralisation to explain the growth of regional parties. Using quantitative evidence from India, I show that a hitherto ignored explanation, the level of regional branch autonomy within polity-wide parties, also has a significant impact on the growth of regional parties. When regional branches of polity-wide parties have autonomy, regional parties find it difficult to grow. In contrast, regional parties benefit electorally when regional branches of polity-wide parties are less autonomous. To further account for endogeneity between regional party growth and regional branch autonomy, I use quantitative and qualitative evidence to show that the growth of regional parties is not positively correlated with more regional branch autonomy.
26
Filipek, Michał. "Międzynarodowoprawny status archipelagu Wysp Alandzkich : kwestia demilitaryzacji i neutralizacji Alandów." Kwartalnik Kolegium Ekonomiczno-Społecznego. Studia i Prace, no. 1 (November 29, 2011): 137–60. http://dx.doi.org/10.33119/kkessip.2011.1.6.
Full textAbstract:
This article deals with the question of demilitarization and neutralization of the ?land Islands in respect to international law regulating this issue. In this paper it was not intented to go into details of all historical phases and changes of the ?land's status, but rather to concentrate on international treaties regulating this question, which are still in force. ?land is an autonomous, demilitarized and neutralized region of Finland with a largely Swedish-speaking population. The ?land Islands form an archipelago in the Baltic Sea. They are situated in the entrance to the Gulf of Bothnia. Its legislative autonomy and a strong protection for its population's Swedish language and culture are enshrined in the Finnish constitution. The ?land Islands are located in a very strategically important place. There are three problems under international law connected with the ?land Islands: that is to say, demilitarization, neutralization and autonomy of ?land. After the Crimean war it was decided that Russia should not fortify the ?land Islands. The strategic position was one of the factors that influenced the decision of the Paris Peace Conference in 1856 to demilitarize the ?land Islands. After the Crimean War (1854-56) an appendix to the 1856 Treaty of Paris forbade Russia from establishing fortifications, maintaining or building up a military presence and naval forces on the islands. In 1917 Finland gained independence from Russia and ?land became for a number of years a source of controversy or even conflict between Finland and Sweden as a result of the ?landers' demand for ?land's reunification with Sweden. In 1921 the League of Nations resolved the ?land question. ?land remained a part of Finland but gained autonomy along with the historically rooted principles of neutrality and demilitarization. In October 1921 the Convention relating to the non-fortification and Neutralization of the ?land Islands was signed by Denmark, Estonia, Finland, France, Germany, Italy, Latvia, Poland, Sweden and the United Kingdom. The Western powers did not regard Bolshevik Russia as a sovereign state after the revolution of 1917 and Russia (the Soviet Union) was not a party to this convention. The treaties that regulatedthe demilitarization and neutralization were: 1) the 1856 Convention on the Demilitarisation of the ?land Islands (annexed to the 1856 Paris Peace Treaty), 2) the 1921 Convention on the Demilitarization and Neutralization of the ?land Islands, 3) bilateral treaty of 1940 between Finland and Russia (the Soviet Union) on the demilitarization of the ?land Islands and 4) the 1947 Paris Peace Treaty. There is no cause to doubt the continuance in force of the demilitarization and neutralization of ?land. The treaties and agreements of 1921,1940 and 1947 are still in force. ?land's demilitarization and neutralization remain beyond question, despite the changes in the political context. The ?land Islands are both demilitarized and neutralized, the main purpose is to keep it completely outside the armed actions of armed conflicts. ?land's status received renewed attention in the 1990s in view of the changes taking place in Europe. The 1994 treaty on Finland's accession to the EU recognizes in its Protocol No. 2, that the ?land Islands enjoy a special status under international law. Furthermore, another legal regulation dealing with this question is the Additional Protocol I to the 1949 Geneva Convention on the protection of war victims (Article 60) obligates States Parties to respect demilitarized zones during international armed conflicts. ?land's demilitarized and neutralized status has a strong foundation and position in the international law. Some experts and writers have described this status as a example of a "permanent settlement" or "objective regime" in international law. According to another experts (H. Rotkirch), the special status of the ?land Islands is of such long standing " that it has without doubt become part of customary international law and is thus binding on the international community as a whole". Since 1970, ?land has had its own representation in the Nordic Council and participates in the work of the Nordic Council of Ministers. Since 1989, ?land is a member of the Council of Europe. One might also mention the fact that, ?land stands outside the EU tax union and has retained the limitations on ownership of land and operation of business.
27
Di Carlo, Emiliano. "Related party transactions and separation between control and direction in business groups: the Italian case." Corporate Governance 14, no. 1 (January 28, 2014): 58–85. http://dx.doi.org/10.1108/cg-02-2012-0005.
Full textAbstract:
Purpose – Under IAS 24 a related party transaction (RPT) is a “transfer of resources, services or obligations between related parties, regardless of whether a price is charged” (IASB). The purpose of this paper is to consider the interest of the business group and the directing activity of the parent company for the interpretation of the RPT. Considering the interest of the group means to interpret the intra-group transactions not as isolated transactions, as usually done by the empirical studies, but in a wider perspective, that of the group. Design/methodology/approach – This paper builds on explanatory multiple case studies in order to answer the following research questions: why the interest of the business group and the directing activity of the subsidiaries by the parent company are important in the interpretation of RPTs. How RPTs can be interpreted in the light of the directing activity of the holding company. Findings – Dominant shareholder tends to demonstrate that the group it is not managed as a single economic entity and sometimes that subsidiaries are not really controlled. The case studies show that a regulation that imposes the transparency of the directing activity has at least two effects: the controlling shareholder finds it convenient to delegate the decision-making power and to not carry out RPTs among firms that do not present clear economic links. Thus, the transparency of the directing activity seems to be a disincentive to the establishment of a pyramidal group with expropriation purposes. Research limitations/implications – It is appropriate that the interpretation of the RPT take into account not only the disclosure of the RPT (e.g. type and nature), but also the following disclosure: the reason and the business purpose that lead to RPT; the interest of the company in engaging such transactions; and the procedures for their approval. The independence of subsidiaries directors is necessary to ensure the management autonomy of the boards, and in the case of directing activity they have to protect outsiders in the case of detrimental transactions ordered by the controlling and directing company that are not carried out in the interest of the group. Originality/value – Unlike what has been done so far by the literature on RPT, this paper considers the interest of the group to interpret the intra-group transactions and the separation between control and direction. It means do not interpret RPT as isolated transactions, as usually done by the empirical studies, but in a wider perspective, that of the group.
28
Karsayuda, Muhammad Rifqinizamy. "The Decentralization Of Political Parties Through The Institutionalization Of The Local Political Parties." Constitutional Review 2, no. 1 (August 27, 2016): 077. http://dx.doi.org/10.31078/consrev214.
Full textAbstract:
The implementation of regional autonomy through Acts Number 23/2014 on Regional Government formulates the authority that can be maintained by local governments. One of the authorities’ is the political autonomy. The efforts to implement the political autonomy can be done through the institutionalization of local political parties. However, according to Indonesian Law, the institutionalization of local political parties is not regulated in the provisions of acts related to political parties. The legislation that regulates local political parties can be found only in Acts Number 11/2006 on Aceh Government and Acts Number 21/2001 on Special Autonomy for Papua Province. Therefore, this paper analyzes the theoretical, juridical and sociological reasons underpinned the idea of local political parties’ institutionalization. This research is a normative legal research which uses legal matter and acts to analyse the problems. This research finds strategies that is relevant to make local political parties institutionalized. There are five reasons to deliver local political parties in Indonesia based from this research. First, the theoretical foundation describes Indonesia as a country with federalism autonomy. Second, the constitutional juridical basis consists of two principles of the Constitution, namely the principle of the autonomy of the unitary state and the principle of equality and freedom of every citizen in governing. Third, The platform of sociological based on the fact that the choice of pluralistic Indonesian society is still diverse in many elections. Fourth, the historical background in the form of historical experience that in 1955 General Election and Local Election, there were several local political parties. Fifth, the comparative study in United Kingdom as a unitary state and Malaysia as a Federal State, which both have local political parties. The concept of local political parties that are relevant to be applied in Indonesia in the constitutional juridical perspective related to the decentralization of political parties can be built through four strategies. First, the local political party whose presence was based on pluralist paradigm which provides the idea that in a pluralistic society should be built a decentralized party system in order to sustain the plurality of society. Second, the local political party which drafted is a separate legal entity which is dichotomous from the national political parties as a legal entity. Third, local political party’s participation in elections only to the General Election and Local Elections for Legislative Elections candidates, the Provincial Representatives, Regency / City. Fourth, the formation mechanism, supervision and dissolution of local political parties are designed similar to national political process for parties as applicable today.
29
Musrafiyan, Musrafiyan, Mutiara Fahmi, and Zahlul Pasha Karim. "Partai Politik Lokal di Daerah Otonomi Khusus: Perbandingan Yuridis Aceh dan Papua." Jurnal Justisia : Jurnal Ilmu Hukum, Perundang-undangan dan Pranata Sosial 6, no. 2 (December 5, 2021): 179. http://dx.doi.org/10.22373/justisia.v6i2.11536.
Full textAbstract:
The existence of local political parties is one of the special powers for Aceh and Papua Provinces. Unlike Aceh, the rules regarding local political parties in Papua are not clearly stated in Law no. 21 of 2001 concerning Special Autonomy for Papua Province. This paper attempts to analyze the comparison between Law Number 11 of 2006 concerning the Government of Aceh and Law Number 21 of 2001 on Special Autonomy for the Province of Papua regarding local political parties, and the consequences for Aceh and Papua of differences in local political party arrangements. The method that the author uses is library research with a law approach and a sociological approach. The results of the research show that the Aceh special autonomy law contains 20 articles concerning the formation of local political parties. Furthermore, the existence of local political parties in Aceh can be seen in the participation of some of these parties in the 2009 2014 and 2019 general elections. While Article 28 of the Papua Special Autonomy Law which accommodates political parties does not have permanent legal force to be further interpreted as local political parties. it is also not applicable because it is not equipped with government regulations regarding the formation of local political parties in Papua. Even the Constitutional Court through its decision Number 41/PUU-XVII/2019 rejected the judicial review of Article 28 of the Papua Special Autonomy Law.
30
Gali, Yarden, and Chen Schechter. "NGO involvement in education policy: principals' voices." International Journal of Educational Management 34, no. 10 (July 24, 2020): 1509–25. http://dx.doi.org/10.1108/ijem-02-2020-0115.
Full textAbstract:
PurposeNon-governmental organizations (NGOs) have been involved in academic programs in many Western countries, actively participating and reshaping policy implementation. This tremendous growth in external voluntary and philanthropic organizations in schools is associated with a global trend toward decentralization, commodification, privatization, neoliberalism and governmental budget cuts. NGOs have become very popular partners in attempts to meet education goals set by the government and are increasingly involved both in policy formation and implementation. And arise questions regarding the special challenges facing school principals. This study explored the perceptions of school principals regarding the NGO involvement in designing and implementing education policy in Israel.Design/methodology/approachThe authors applied a qualitative research method, conducting in-depth interviews with primary school principals of schools with low socioeconomic student populations, where NGOs operate at the national level to promote educational achievement programs. This research approach acknowledges the existence of structured, fluid, subjective, flexible and dynamic realities that are attributed different meanings and interpretations and are shaped within political, cultural and social contexts. Thus, this study aims to reflect the perceptions of school principals regarding the involvement of NGOs in design and implementation of education policies. The authors utilized an inductive process of condensing, encoding, categorizing, and theorizing to analyze the data.FindingsData analysis revealed the following three major themes evident in the perceptions of school principals: intersectoral partnership policies in education; a policy of re-examining mutual responsibility for education; and the benefit of NGO engagement in education. Inter-sectoral partnership policy is the emergence of alternative models, defined as different political and institutional ways of organizing collective action is an effective way to organize and benefit, and is a way of introducing new ideas, actors and resources into public education systems. However, this new model is a complex, ongoing and dynamic process with school principals at the helm of these new relationships.Research limitations/implicationsThis study includes new information on how school principals see NGOs involvement in planning and implementation of education policy. However, it was conducted with various limitations. First, participants and their input all relate specifically to education in Israel. Any generalizations that may be drawn from them to shed light on similar processes around the world would require the study also be conducted in diverse sociocultural contexts. Second, interviews with principals were held through the 2016–2017 school year. A longitudinal study would be required to examine whether and how principals feel after years of working with NGOs on various projects. Finally, this study only focused on the opinions of principals, representing only one involved party. This cannot be a comprehensive perspective on the partnership and collaboration between formal education systems and NGOs. Thus, further research is necessary to examine the perceptions of NGOs managers, policymakers, supervisors, teachers, pupils and parents. Based on the authors’ study's findings, they recommend investigating whether, how, and under what conditions principals can nurture partnerships with NGOs as a platform for initiative, particularly the vigorous leadership needed to carry out the policy.Practical implicationsThe establishment and support of intersectoral partnerships between the Education Ministry and NGOs is a complex, ongoing and dynamic process with school principals at the helm of these new relationships. Principals have been given more independence, autonomy and clout as they maintain the external networks now contributing to improved outcomes and addressing unique community needs. Consequently, the more external factors become involved in education, the more principals are required to manage and implement the partnership. As such, policymakers (main office and district supervisors), implementers (NGO managers, school principals, teachers) and recipients (parents and teachers) must stay attentive to each other, adjust expectations as to the limits of responsibility, and primary to recognize the needs to keep making improvements to the partnership that are based on reciprocal assessment. More, all involved parties must continue to be active in developing, deepening and maintaining the employed mechanisms, normalizing them to become the standard in intersectoral partnerships in education.Originality/valueThis study provides theoretical contributions and practical implications of NGO involvement in designing and implementing education policies from the perspective and function of school principals in this era of ever-changing economic and social reality. Establishment and support of intersectoral partnerships between the Education Ministry and NGOs is a complex ongoing and dynamic process with school principals at the helm of these new relationships. The principals have been given more independence autonomy and clout as they maintain the external networks now contributing to improved outcomes and addressing unique community needs and more principals are required to manage and implement the partnership.
31
Pryles, Michael. "Limits to Party Autonomy in Arbitral Procedure." Journal of International Arbitration 24, Issue 3 (June 1, 2007): 327–39. http://dx.doi.org/10.54648/joia2007023.
Full textAbstract:
Who is in charge of the arbitral procedure - the parties or the arbitrator? The answer may not be readily apparent. This article explores the powers of the parties and the arbitrator to prescribe the procedure to be followed in an arbitration.
32
Price, D., J. Samanta, B. Harvey, and P. Healey. "Clinician autonomy: doctor's orders?" Clinical Ethics 2, no. 3 (September 1, 2007): 124–28. http://dx.doi.org/10.1258/147775007781870056.
Full textAbstract:
This paper questions the dogmatic stance of the domestic courts toward mandatory orders for treatment, arguing that this has the potential to subjugate patients' interests to clinical discretion, and proposing a via media to accommodate the legitimate concerns of all parties.
33
Cooke, Robin. "Party Autonomy." Victoria University of Wellington Law Review 30, no. 1 (June 1, 1999): 257. http://dx.doi.org/10.26686/vuwlr.v30i1.6022.
Full textAbstract:
This is an augmented version of a paper delivered at the International Centre for Alternative Dispute Resolution, New Delhi, in December 1998. Party autonomy describes the principle whereby the parties to a dispute have full autonomy when making their arbitration agreement. The author discusses the Arbitration and Conciliation Act 1996 of the Parliament of India, focusing on the principle of party autonomy. He describes his formative experiences to arbitration in cases like Wellington City v National Bank of New Zealand Properties Ltd, the Arbitration and Conciliation Act itself, Indian case law before the Arbitration and Conciliation Act, and a brief look at New Zealand's Arbitration Act 1996.
34
Pokachalova, A. "LEX VOLUNTATIS AS A FUNDAMENTAL PRINCIPLE FOR CONTROL OF SECURING OBLIGATIONS." Actual Problems of International Relations, no. 128 (2016): 93–104. http://dx.doi.org/10.17721/apmv.2016.128.0.93-104.
Full textAbstract:
With the increasing number of concluded security interest agreements that incorporate a foreign element a problem of conflict of laws regulation of the said agreements becomes particularly challenging. This article focuses on highlighting the concept and the legal nature of autonomy of the parties (Lex Voluntatis) as a fundamental principle of the conflict of laws regulation for securing the performance of obligations. The author studied different points of view of scientists with regard to the legal nature of the autonomy of the parties (Lex Voluntatis). Special attention was devoted to main issues that arise when studying the principle of autonomy of the parties (Lex Voluntatis), namely to the conditions of application, time limits, a form of expression of autonomy, the validity of the agreement on the choice of law, the scope of the chosen law, the choice of Lex mercatoria as applicable law by the parties, etc.
35
Thorlakson, Lori. "Patterns of Party Integration, Influence and Autonomy in Seven Federations." Party Politics 15, no. 2 (March 2009): 157–77. http://dx.doi.org/10.1177/1354068808099979.
Full textAbstract:
In this article, I develop three measures of party organization in multi-level systems: vertical integration, influence and autonomy. I assess these in 27 parties in Canada, Australia, Germany, Austria, Switzerland, the United States and Spain and investigate how parties respond to the incentives and opportunities created by their institutional environment. Clear patterns emerge between the form of federal state design and the predominant form of party organization: in decentralized federations with low coordination requirements between federal and state-level governments, a tendency can be found towards highly autonomous state parties. Where resources are centralized and intergovernmental coordination requirements are high, integrated parties with low autonomy can be found. However, neither aspect of institutional design has a significant relationship with `upward' influence of state-level parties in the governance structure of federal parties.
36
Louise Livingstone, Mia. "Party Autonomy in International Commercial Arbitration: Popular Fallacy or Proven Fact?" Journal of International Arbitration 25, Issue 5 (October 1, 2008): 529–35. http://dx.doi.org/10.54648/joia2008041.
Full textAbstract:
Parties to cross–border disputes are developing a preference for international commercial arbitration as a desired alternative to litigation in the national courts. This trend owes much to the popular pro–arbitration belief that arbitrating parties are granted the autonomy to control their own decision–making process. But is this true? This article explores whether party autonomy is achieved in practice in international commercial arbitration or whether the parties still find themselves burdened with quasilitigious constraints. Upon considering the experience of international parties from an Australian and English perspective, this article finds that the restrictions imposed on parties to international commercial arbitration have developed so as to protect the freedoms they can exercise in the process.
37
Golubenko, К. A., and E. V. Voskresenskaya. "Possibilities and Limits of Implementation by the Parties of the Arbitration Agreement and the Principle of Autonomy of Will: Current Trends." Sociology and Law, no. 1 (April 2, 2021): 88–93. http://dx.doi.org/10.35854/2219-6242-2021-1-88-93.
Full textAbstract:
The article analyzes the principle of the autonomy of the will, which is fundamental in the regulation of the settlement of disputes arising from the foreign economic relations of the parties. The most important principle under consideration, in particular, allows the parties to decide which law will be applied to regulate their relationship and which court or arbitration will be given the competence to resolve their disputes. The authors note the tendency of the legislative sphere and law enforcement practice to give the parties as much freedom as possible when concluding and implementing the terms of an arbitration agreement. This, of course, increases the possibility of implementing the principle of autonomy of the will of the parties. The authors come to the conclusion that there is also a tendency to form more specific limits of the autonomy of the will when concluding an arbitration agreement. The article analyzes the materials of the judicial and arbitration practice of the Russian jurisdiction, when the autonomy of the will at the conclusion of an arbitration agreement is limited. The authors highlight the criteria for the possibility of applying an arbitration agreement-validity and enforceability, the practice of which is quite contradictory.
38
Andriyansyah, M. Fahrudin. "PERAN PARTAI POLITIK LOKAL DALAM PENYELANGGARAAN OTONOMI KHUSUS DI ACEH." Yurispruden 3, no. 1 (January 31, 2020): 24. http://dx.doi.org/10.33474/yur.v3i1.4862.
Full textAbstract:
AbstactAs a national organization, political parties are considered to have failed in carrying out their roles and functions, especially in the implementation of regional autonomy. The existence of political parties that are only national in nature with structures centered in the center often makes the party's orientation ignore local interests. The neglect was due to the institutionalization of political parties so far as merely structuring relations. This pattern positions politicians in political parties in the region as subordinates of the same party politicians at the national level. The failure of political parties in the implementation of regional autonomy can be interpreted as necessary to regulate a new party system in Indonesia. One of them is by separating between national political parties and local political parties in the regions. This means that with the policy of regional autonomy, it must be accompanied by political autonomy through local political parties. Therefore this study will look at the role of local political parties that have existed in Aceh in the implementation of special autonomy and at the same time see whether local political parties have played a role or not in the implementation of special autonomy in Aceh. Local political parties, especially the Aceh Party in 2014 obtained the highest number of seats in the Aceh People's Representative Council (DPRA) compared to national political parties, so the Aceh Party had a strategic position as the leader of the DPRA and the leadership of a number of DPRA equipment. The role of local political parties can be seen through the role of the faction of local political parties in the DPRA, especially the Aceh Party faction, which is related to the role of legislation, budgeting and Controling. The Aceh Party faction has played a role in organizing special autonomy in Aceh AbstrakSebagai organisasi yang bersifat nasional, partai politik dirasa telah gagal dalam menjalankan peran dan fungsinya, terutama di dalam penyelenggaraan otonomi daerah. Keberadaan partai politik yang hanya bersifat nasional dengan struktur yang berpucuk di pusat kerap kali membuat orientasi partai mengabaikan kepentingan lokal. Pengabaian itu dikarenakan pelembagaan partai politik selama ini dimaknai sebagai hubungan strukturalisasi semata. Pola ini memposisikan politisi partai politik di daerah sebagai sub ordinat politisi partai yang sama di tingkat nasional. Tidak berjalannya partai politik dalam penyelengaraan otonomi daerah dapat dimaknai bahwa perlu untuk mengatur sistem kepartaian baru di Indonesia. Salah satunya adalah dengan melakukan pemisahan antara partai politik nasional dengan partai politik lokal yang ada di daerah. Artinya dengan adanya kebijakan otonomi daerah maka harus dibarengi dengan adanya otonomi politik melalui partai politik lokal. Oleh karena itu penelitian ini akan melihat peran partai politik lokal yang telah ada di Aceh dalam penyelenggaraan otonomi khusus sekaligus melihat apakah partai politik lokal telah berperan atau tidak di dalam penyelenggaraan otonomi khusus di Aceh. Partai politik lokal terutama Partai Aceh pada tahun 2014 memperoleh jumlah kursi terbanyak di Dewan Perwakilan Rakyat Aceh (DPRA) dibandingkan dengan partai politik nasioanal, sehingga Partai Aceh memiliki posisi strategis sebagai pimpinan DPRA dan pimpinan sejumlah alat kelengkapan DPRA. Peran partai politik lokal dapat dilihat melalui peran Fraksi Partai politik lokal yang berada di DPRA terutama Fraksi Partai Aceh, yaitu berkaitan dengan peran legislasi, anggaran (budgeting) dan pengawasan (Controling). Fraksi Partai Aceh telah berperan dalam penyelenggaran otonomi khusus di Aceh.Kata Kunci: Partai Politik Lokal, Otonomi Khusus, Partai Aceh, DPRA
39
Khalidi, Rashid. "Arms Limitations Must Include All Parties." Middle East Report, no. 168 (January 1991): 10. http://dx.doi.org/10.2307/3012659.
Full text
40
Léger, Rémi. "Potential and Limitations of Horizontal Management." Articles, no. 1 (May 24, 2012): 214–28. http://dx.doi.org/10.7202/1009216ar.
Full textAbstract:
On 11 June 2010, ten leading scholars came together at the invitation of the Canadian Institute for Research on Linguistic Minorities to discuss the autonomy and recognition of Canada’s official language minority communities. In this article, I examine the implications of this workshop for Francophone minority community institutions by emphasizing and contextualizing main ideas and expanding on key proposals. First, I map out and explain how the implementation of horizontal management has increasingly curtailed community autonomy. Next, I catalog and discuss participants’ proposals for fostering greater autonomy for Francophone minority communities. Last, I sketch the potential and limitations of horizontal management.
41
Raunio, Tapio. "Why European Integration Increases Leadership Autonomy within Political Parties." Party Politics 8, no. 4 (July 2002): 405–22. http://dx.doi.org/10.1177/1354068802008004003.
Full text
42
Kim, Seong-Jin. "Limitations of wage determination and private autonomy." Labor Law Forum 29 (February 29, 2020): 43–72. http://dx.doi.org/10.46329/llf.2020.02.29.43.
Full text
43
Werlauff, Erik. "Arbitration in Denmark: The Parties’ Influence on a Danish Arbitration Case." European Business Law Review 19, Issue 2 (April 1, 2008): 267–78. http://dx.doi.org/10.54648/eulr2008017.
Full textAbstract:
Having lagged behind in its arbitration rules for 30 years, Denmark has become an attractive country in which to conduct arbitration. Denmark now has one of Europe’s most modern and streamlined arbitration acts, and if they so wish, the parties can exert a substantial influence on how the case is handled. The author, who often acts as arbitrator in Danish and International arbitration cases, will analyse the options which the parties have under the new Danish arbitration act (hereinafter called the AA) for influencing how their case is handled, and thus for making this process more efficient. This article thus analyses the degree of party autonomy associated with the choice of arbitration in Denmark. It will be shown that the AA provides a very broad framework for autonomy, and the article will seek to balance the parties’ desire for efficiency in the handling of an arbitration case against the fundamental protection of legal rights. The article concludes by listing 18 specific areas in which autonomy can be used to advantage when pursuing arbitration in Denmark. The law is of course often a balance (jus) between opposing interests. In this case the opposing interests can be defined as 1) the desire for an efficient case handling, and also 2) the desire to protect the parties’ legal rights. By opting for arbitration, the parties must be said to have expressed a desire for streamlining and speedy handling which implies that justice delayed is justice denied, and which therefore often also implies the waiving of certain guaranteed legal rights – although the parties and their representatives may not directly experience this as a waiving of rights. The following is an attempt to define the point of balance between the two opposing interests in more detail, and the article concludes at the practical level with an overview of arbitration areas to which party autonomy applies.
44
TRIVELLATO, DANIEL, NICOLA ZANNONE, MAURICE GLAUNDRUP, JACEK SKOWRONEK, and SANDRO ETALLE. "A SEMANTIC SECURITY FRAMEWORK FOR SYSTEMS OF SYSTEMS." International Journal of Cooperative Information Systems 22, no. 01 (March 2013): 1350004. http://dx.doi.org/10.1142/s0218843013500044.
Full textAbstract:
Systems of systems (SoS) are dynamic coalitions of distributed, autonomous and heterogeneous systems that collaborate to achieve a common goal. While offering several advantages in terms of scalability and flexibility, the SoS paradigm has a strong impact on systems interoperability and on the security requirements of the collaborating parties. In this paper, we introduce a service-oriented security framework that protects the information exchanged among the parties in an SoS, while preserving parties' autonomy and interoperability. Confidentiality and integrity of information are protected by combining context-aware access control with trust management. Autonomy and interoperability among parties are enabled by the use of ontology-based services. More precisely, parties may refer to different ontologies to define the semantics of the terms used in their security policies and to describe domain knowledge and context information; a semantic alignment technique is then employed to map concepts from different ontologies and align the parties' vocabularies. We demonstrate the applicability of our solution by deploying a prototype implementation of the framework in an SoS in the maritime safety and security domain.
45
Alpa, Guido. "Party Autonomy and Choice of Law Applicable to Domestic Contracts." European Business Law Review 25, Issue 5 (October 1, 2014): 605–21. http://dx.doi.org/10.54648/eulr2014028.
Full textAbstract:
Until some years ago the principle of sovereignty prevailed over the principle of freedom of contract and the parties, whether they had the same citizenship, could not choose a foreign law applicable to their transaction. A broad interpretation of Regulation Rome I leads to a more liberal choice. In this contribution the Author explores the boundaries of freedom of choice and tries to envisage the opportunities offered to the parties by a comparative perspective of legal systems.
46
Cheng, Yin Cheong, James Ko, and Theodore Tai Hoi Lee. "School autonomy, leadership and learning: a reconceptualisation." International Journal of Educational Management 30, no. 2 (March 14, 2016): 177–96. http://dx.doi.org/10.1108/ijem-08-2015-0108.
Full textAbstract:
Purpose – The purpose of this paper is to develop a framework for reconceptualising research on school autonomy to redress the limitations of traditional research, strengthen the conceptual links between school autonomy and learning outcomes and offer a range of new strategies for studying the interplay of school autonomy, leadership and learning. Design/methodology/approach – Based on a review of international studies and the findings of the Programme for International Student Assessment (PISA) and the Teaching and Learning International Study (TALIS), the conceptual limitations of and gaps in traditional research on school autonomy in relation to leadership and learning are discussed, and their implications for the development of a new framework are outlined. Findings – The conceptual limitations of traditional research on school autonomy are as follows: internal school autonomy is insufficiently differentiated; too little attention is paid to cultural autonomy and internal structural autonomy at individual and group levels; autonomy is measured only as perceived by principals, with no attention to the perspectives of other key stakeholders; and conceptual links between school autonomy and learning outcomes are missing, leading to inconsistent findings on the effects of school autonomy on student learning. To redress these limitations, a new framework for research is developed. School autonomy is reconceptualised as a combination of functional autonomy, structural autonomy and cultural autonomy. Leadership is also reconceptualised by categorising three types of leadership activity: leadership for functional initiatives, leadership for structural initiatives and leadership for cultural initiatives. This categorisation may help to strengthen conceptions of the relevance of leadership to autonomy and performance in future research. Research limitations/implications – A typology of research strategies is developed to broaden the possibilities for implementing the reconceptualisation framework. A single-component strategy, a two-component strategy, an interaction strategy and a holistic case-study strategy are presented. Depending on the research purposes and the available resources, one or a combination of these strategies can be used to conceptualise the study of school autonomy, leadership and performance. Originality/value – The new ideas and perspectives associated with the reconceptualisation framework will contribute to future research in this area on an international scale. Future PISA, TALIS and similar studies will also benefit from this reconceptualisation.
47
Verhagen, H. L. E. "The Tension Between Party Autonomy and European Union Law: Some Observations on Ingmar GB Ltd V Eaton Leonard Technologies Inc." International and Comparative Law Quarterly 51, no. 1 (January 2002): 135–54. http://dx.doi.org/10.1093/iclq/51.1.135.
Full textAbstract:
Party autonomy is the basic principle for international contracts. By making a ‘choice of law’, the parties to a contract can agree amongst themselves which law is to regulate their contractual relationship. In international transactions, the law of the parties' choice replaces the law that would otherwise have governed the contract, including the mandatory rules (ius cogens) of the latter law. Article 3 of the 1980 Convention on the Law Applicable to Contractual Obligations (hereafter: the ‘Rome Convention’) fully recognises this principle of party autonomy. Under Article 3 the parties are free to choose whichever law they deem appropriate to govern their contractual relationship. It is not even necessary for the transaction to display some connection with the chosen law.
48
Leiß, Gabriela, and Anita Zehrer. "Intergenerational communication in family firm succession." Journal of Family Business Management 8, no. 1 (April 9, 2018): 75–90. http://dx.doi.org/10.1108/jfbm-09-2017-0025.
Full textAbstract:
Purpose The purpose of this paper is to explore how intergenerational communication between predecessors and successors impacts on the entrepreneurial family and the family business, and aims at developing a typology of communication patterns in family business succession. Design/methodology/approach Based on grounded theory methodology, ten in-depth narrative family interviews with predecessors and successors were conducted, transcribed and analyzed. The qualitative data analysis followed a hermeneutic approach focusing on in situ language phenomena such as positioning, syntax, semantics and interaction patterns. Findings The reconstruction of the interviewees’ subjective realities resulted in a theoretical concept with four communication types, varying between continuity and change, and between relatedness and autonomy. Given the fact that succession is not a single event but a long-lasting process, the typology can be transferred into a dynamic model for succession comprising three consecutive stages: intergenerational transmission, independent acquisition and finally interdependent development of the family firm heritage. Research limitations/implications First, the results are based upon a small sample size (n=10) that should not be generalized to the population of family businesses at large. Hence, to complete the overall picture, a broader survey among family-run firms by means of an extended qualitative or even a quantitative survey would be most valuable to generate more objective data. Another shortcoming is that the authors only investigated intra-family succession and challenges. No attention was paid to the various opportunities of external succession of family businesses, such as management buyout, management buy in, external management or liquidation. Practical implications Understanding the sociological and psychological aspects of communication helps family firms to identify characteristics in communication during their succession process. First, the knowledge that various communication types are highly dependent upon the personal interactions among the parties involved, might be an asset for family firms which are handing over their company in the future. Second, knowledge on different communication types might raise awareness for and prevent from conflicts and emotional relationships during the firm succession and thus function as a strategic advantage. Social implications Following a sustainable and responsible strategy, family firms can be regarded as the pillars of our economy. Yet, they can be compared to an endangered species often not surviving the transfer from one generation to the next. Succession seems to be a delicate stage in a company’s lifecycle, the failure of which threatens thousands of jobs every year. When it comes to the survival rate of family firms, the increase of communicative and reflexive competence as it is addressed by this paper, is one of the key factors helping the family to deal with conflicts and thus strengthen their self-efficacy. Originality/value The dynamic succession model presented in this paper gives experts a comprehensive insight into the inner logic of entrepreneurial families reconstructed by their communicative patterns. Understanding the different dimensions of succession lays the foundation for consulting and supporting family members in transition processes helping them to cope with intergenerational ambivalences and find solutions that are both beneficial for the individuals as well as for the business.
49
Mazhorina, M. V. "The Right to Choose Non-Law: How to Open Pandora’s Box with Lex Voluntatis." Lex Russica, no. 12 (December 23, 2021): 9–21. http://dx.doi.org/10.17803/1729-5920.2021.181.12.009-021.
Full textAbstract:
The autonomy of the will of the parties (lex voluntatis) is one of the central institutions of private international law that, in the context of proliferation of non-legal subject matter, multiplying sources of non-state regulation, and also due to the conceptualization of the institution of “rules of law” in the practice of world arbitrations, acquires a new methodological meaning and requires its rethinking. The paper examines the institution of the autonomy of the will of the parties from different angles: as a principle of conflict of laws, as a substantive law institution, and as a mechanism for legitimizing the norms of non-state regulation. The autonomy of the will of the parties today acquires a visible potential of a legal basis for the construction of a special, possibly “hybrid,” regulatory regime for cross-border private law, for mainly contractual relations, it becomes a form of expression of the right to choose non-law. Interpreting the autonomy of the will through the prism of the substantive law theory and in the context of admitting the choice of non-state regulation as the applicable law can pose a serious risk both for the parties to cross-border agreements and for the law-enforcer in terms of conflicting law and non-law. The author concludes that acknowledgement that the institution of autonomy of the will authorizes the right to choose non-law, in fact, means that a fragmented legal space, which itself differs significantly from state to state, can collide with a rapidly scalable, even more heterogeneous non-state array of norms emanating from non-state actors. This state of the normative superstructure can be characterized as a conflict of law and non-law and requires the development and adjustment of an appropriate methodology of private international law.
50
Ribbers, Pauline, and Marte Knigge. "Waiver of the Right to Set-Aside Proceedings in Light of Article 6 ECHR: Party-Autonomy on Top?" Journal of International Arbitration 34, Issue 5 (October 1, 2017): 775–93. http://dx.doi.org/10.54648/joia2017037.
Full textAbstract:
Party autonomy is an important principle in arbitration. Parties that opt for arbitration are, to a certain extent, free to organize the arbitral process. The exact scope of this freedom is unclear, especially where fundamental rights of the European Convention of Human Rights (ECHR) are at stake. On 1 March 2016, the European Court of Human Rights (ECtHR) rendered a decision that can shed more light on the scope of the autonomy of parties in arbitration proceedings. In the decision Tabbane v. Switzerland the parties had concluded a so-called ‘exclusion agreement’. By means of such an agreement parties waive, in advance, their right to seek set-aside proceedings at the state court. This article analyses the decision of the European Court and addresses questions such as: must parties, who have agreed to exclude the right to set aside an award, be regarded as having waived all of their rights guaranteed by Article 6 ECHR? And, how far does the responsibility of states extend for the course of affairs during arbitral proceedings?