Academic literature on the topic 'The devolutive effect of appeal'
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Journal articles on the topic "The devolutive effect of appeal"
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Repousis, Odysseas G. "State Succession and Devolution Agreements Revisited: A Note on Sanum v. Laos." Max Planck Yearbook of United Nations Law Online 21, no. 1 (October 10, 2018): 353–77. http://dx.doi.org/10.1163/13894633_021001012.
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In a recent judgment, the Singapore Court of Appeal quashed a prior judgment of the Singapore High Court, which had decided to set aside an arbitration award on the basis that the China–Laos bilateral investment treaty (bit) does not apply to Macao. The judgment of the Court of Appeal is significant inasmuch as it involves a thorough examination of the international law principles governing the law of State succession in respect of part of territory, the relative effect of treaties in the context of devolution agreements, and the relationship between the critical date rule (or intertemporal principle) and the interpretive norm of subsequent agreement or practice. Above all, the dialogue between the Singaporean courts and the arbitral tribunal (whose award was sought to be set aside) raise a number of interesting issues in respect of the territorial application of investment treaties in general and Chinese investment treaties in particular. It also bears noting that this dialogue and its impact on future cases has to be filtered through subsequent developments, most notably a statement issued by China’s Ministry of Foreign Affairs to the effect that the Court of Appeal judgment was incorrect.
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Rozczyński, Beniamin, and Maciej Mączyński. "Rola sądownictwa administracyjnego na przykładzie względnej dewolutywności skargi kasacyjnej wniesionej do Naczelnego Sądu Administracyjnego." Studenckie Prace Prawnicze, Administratywistyczne i Ekonomiczne 23 (August 3, 2018): 81–98. http://dx.doi.org/10.19195/1733-5779.23.6.
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The role of the administrative judiciary on the basis of the relative devolution of the cassation appeal filed with the Supreme Administrative CourtThe important role of administrative courts is to examine the legality of public administration operations, which is a manifestation of the implementation of one of the fundamental constitutional principles, i.e. the principle of a democratic state governed by the rule of law, which gives effect to the principle of social justice. The administrative courts were provided with a new procedural instrument — the exchangeability of a cassation appeal. This institution entitles the voivodship administrative court, which states that in a case the proceedings are invalid or the grounds for the cassation complaint are clearly justified, to revoke the appealed judgment or the decision, also deciding on the application of a party on the reimbursement of the cassation proceedings costs and at the same meeting to reconsider the case.
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Szecówka, Paweł. "Non-devolutive appeal as a half-measure in realization of the two-instance proceeding principle." Gubernaculum et Administratio 2(20) (2019): 67–80. http://dx.doi.org/10.16926/gea.2019.02.11.
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Kay, Adrian. "Evaluating Devolution in Wales." Political Studies 51, no. 1 (March 2003): 51–66. http://dx.doi.org/10.1111/1467-9248.00412.
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Reviews of devolution in Wales have been focussed so far on empirical description and positive analysis; there has been almost no discussion of how it should be judged or evaluated. I redress this imbalance by considering the arguments for devolution and the various normative values that may be used to evaluate the process. The arguments for devolution are of two basic kinds. Some are consequentialist: that devolution is desired on the grounds that it is believed to have good or desirable effects. Others are deontological: that devolution is thought to be intrinsically valuable. Any attempt to justify and evaluate devolution by consequentialist reasoning amounts to post hoc ergo propter hoc rationalisation. The social sciences are a long way from allowing the prediction of the global long-term net equilibrium effects of a major institutional change such as devolution in Wales. I further argue that the nonconsequentialist value of autonomy is the underlying justification for the devolution process. Devolution should be judged according to how it appeals to, supports or embodies this value.
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Kadečka, Stanislav, David Hejč, Klára Prokopová, and Jiří Venclíček. "Dispositional Instruments of Protection against Administrative Acts (not in Legal Force) and their Effectiveness." Central European Public Administration Review 12, no. 2-3 (November 6, 2014): 99–122. http://dx.doi.org/10.17573/ipar.2014.2-3.a06.
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Public administration is often implemented through the issuing of public acts of a unilateral and binding character. Within public administration, however, legal instruments by which those for whom the administrative acts are binding can defend themselves against any illegality or irregularity of the mentioned administrative acts, are also (must be) provided. The existence and proper effectiveness of these legal instruments can be regarded as a necessary part (sine qua non) of the democratic rule of law. The paper is concerned with the so-called dispositional legal instruments of protection against the administrative acts which are not yet in legal force and their effectiveness. Article's major finding consists in fact, that the effectiveness of dispositional instruments of protection could be limited by absence of devolutive effect, or guarantee of independence in organizational arrangement between first and second instance administrative bodies.
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Im, Hyun-Bin. "Effect of Sex Appeal Advertising." Journal of the Korea Contents Association 7, no. 11 (November 30, 2007): 158–66. http://dx.doi.org/10.5392/jkca.2007.7.11.158.
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&NA;. "Bimatoprost side effect has cosmetic appeal." Reactions Weekly &NA;, no. 1371 (October 2011): 3. http://dx.doi.org/10.2165/00128415-201113710-00009.
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Dardanelli, Paolo. "Democratic Deficit or the Europeanisation of Secession? Explaining the Devolution Referendums in Scotland." Political Studies 53, no. 2 (June 2005): 320–42. http://dx.doi.org/10.1111/j.1467-9248.2005.00531.x.
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This article deals with the variation in the demand for self-government in Scotland – as measured by the vote in the two referendums – between 1979, when devolution was rejected, and 1997, when devolution was endorsed. The existing literature mainly deals with each of the two referendums in isolation and does not offer an explicitly comparative analysis of them. However, implicit comparisons contained in analyses of the 1997 referendum tend to identify as the main cause of the variation the ‘democratic deficit’ created by Conservative rule between 1979 and 1997, which was consistently rejected in Scotland. I take issue with this explanation on theoretical and empirical grounds and advances an alternative account grounded in an explicit comparison of the two referendums. Based on a rationalist approach, the analysis presented here identifies three key elements in the voting dynamics at the two points in time – a gap between support for self-government and the actual vote in the referendum; an interaction effect between attitudes to devolution and to independence; and the role of the European context in shaping perceptions of independence. I argue that significant change in these three variables (rather than a ‘democratic deficit’) appear to have been the most important determinants of the different results of the two referendums.
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Hockett, Karen S., and Troy E. Hall. "The Effect of Moral and Fear Appeals on Park Visitors’ Beliefs about Feeding Wildlife." Journal of Interpretation Research 12, no. 1 (April 2007): 5–27. http://dx.doi.org/10.1177/109258720701200102.
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This study tested the effectiveness of two written messages compared to a control condition in changing campers’ beliefs about feeding deer at Shenandoah National Park. Drawing on the Elaboration Likelihood Model of Persuasion, both interventions were designed to promote central route processing. One used research on hazard warnings to present a fear appeal message highlighting risks to visitors, while the other used norm activation theory to develop a moral appeal that focused on impacts to deer. Questionnaires (control n =111, moral appeal n = 115, fear appeal n = 116) assessed level of agreement with belief statements taken from the appeals as well as related statements that would indicate whether message elaboration occurred. The fear appeal increased agreement that deer could cause physical harm to people and appeared to cause elaboration on these messages, but the moral appeal did not strengthen previously held beliefs that feeding harmed the deer. Both appeals reduced self-reported frequencies of deer feeding. Women agreed more strongly with some of the moral appeal statements in all conditions, but the interventions affected men and women equally. Results suggest that fear appeals may be an effective technique for changing beliefs about feeding wildlife.
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Gu, Chenyan, Yunjie Calvin Xu, and Minghui Yao. "Effect of appeal orientation in sponsored ad forwarding on a microblog platform." Internet Research 30, no. 6 (July 30, 2020): 1835–56. http://dx.doi.org/10.1108/intr-06-2019-0251.
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PurposeThis study identifies a new type of advertising, sponsored ad forwarding, in microblog contexts. It tests the effectiveness of designs of a message with an ad with regard to receivers who are purely online friends or offline friends.Design/methodology/approachIn the main experiment, a three-by-two experimental design was employed. By random assignment, message senders forwarded an ad with either an other-oriented or a self-oriented message to a group of offline friends or purely online friends. In the control group, there was no message accompanying the ad. The data of 218 effective sender-receiver dyads were collected and compared.FindingsThe results show that a message with an other-oriented appeal is more effective than one with a self-oriented appeal for dyads with an offline relationship, and a message with a self-oriented appeal is more effective than one with an other-oriented appeal for dyads with a purely online relationship. Overall, the use of appeals significantly boosts ad effectiveness.Originality/valueThis study identifies a new type of marketing practice in social media, namely sponsored ad forwarding. It also proposes appeal orientation as a novel type of message content design. It shows how to apply the right appeal orientation to the right receiver groups, that is, offline or purely online friends.
Dissertations / Theses on the topic "The devolutive effect of appeal"
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De, Villiers Elizabeth Nicolette. "The effect of the level of fear appeal on attitude towards advertising and behavioural intention." Thesis, Stellenbosch : Stellenbosch University, 2008. http://hdl.handle.net/10019.1/21609.
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Thesis (MComm)--Stellenbosch University, 2008.ENGLISH ABSTRACT: Fear appeals are commonly used in the advertising of social issues, such as drunken driving. In general, researchers believe that there is a positive relationship between fear and persuasion (to adapt misbehaviour). However, there are disputes amongst fear appeal researchers about the level of fear appeal to be used. Fear appeals, like other advertising appeals employed in advertising, is dependant on the traits of the target audience. The effect of fear appeals differ for different target audiences as different people fear different matters. This study tests one of the contemporary models on the working of fear appeals, namely activation theory. Young adults are the target audience of social marketing in South Africa for anti-alcohol abuse issues, such as drunken driving. The effect of fear appeals on the target audience has never been empirically investigated in South Africa although social marketers often employ fear appeals to bring about a change in behaviour. The responses of a sample of young adults in South Africa were tested by means of a quasi-experimental design based on Thayer’s activation deactivation checklist as implemented by previous fear appeal researchers. Three television advertisements that depict three levels of fear appeal (low, medium and high) were presented to three sample groups. Significant differences in the responses of the level of fear appeal were observed after statistical analyses in terms of tension arousal, energy arousal, attitude towards the advertisement and intention to engage in drunken driving. A difference in how genders react to fear appeals was also found.
AFRIKAANSE OPSOMMING: Die gebruik van vreesaanslae in die advertering van sosiale kwessies soos dronkbestuur is algemeen. Alhoewel navorsers glo dat ’n positiewe verhouding bestaan tussen vrees en oorreding (van ’n persoon om sy gedrag aan te pas), heers daar verskille oor die sterkte van die vreesaanslag wat gebruik moet word. Daar is bevind dat vreesaanslae, net soos ander aanslae wat deur die advertensiewese gebruik word, afhanklik is van die teikengehoor. Vreesaanslae se effek verskil, aangesien verskillende mense en gehore verskillende sake vrees. Hierdie studie toets een van die kontemporêre modelle van die werking van vreesaanslae. Jong volwassenes is die teikengehoor in die sosiale bemarking van anti-alkoholmisbruik kwessies soos dronkbestuur. Alhoewel sosiale bemarkers dikwels vrees aanwend om hierdie teiken gehoor se gedrag te verander, is dit nog nooit empiries in Suid-Afrika getoets nie. Die reaksies van ’n steekproef uit dié teikengehoor is getoets deur ‘n kwasieksperimentele ontwerp geskoei op Thayer se “aktivering deaktivering” kontrolelys, soos geïmplementeer deur vorige navorsing in vreesaanslae. Drie televisie advertensies wat drie vlakke van vrees (laag, medium en hoog) verteenwoordig is, aan drie eksperimentele steekproefgroepe getoon. Betekenisvolle verskille in die reaksie van die drie groepe is waargeneem ná statistiese ontledings. ’n Verskil in hoe geslagte reageer op vreesaanslae, is ook bevind.
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Thomas, Lindsey Anne. "Sexual coercion proclivity : effect on appeal of sexual aggression and behaviour in response to environmental cues." Thesis, University of British Columbia, 2009. http://hdl.handle.net/2429/12262.
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The present research endeavors to predict prospectively sexually aggressive behaviours among heterosexual university males, while manipulating attitudes and emotions conducive to such behaviour. In both studies described below, questionnaires were used to assess risk for sexual aggression. For the first study (n = 65), participants were assigned to conditions: (1) insult/non-sexually coercive fantasy material; (2) no insult/sexually coercive fantasy material; and, (3) insult/sexually coercive fantasy material. Those deemed high risk for sexual coercion were more easily frustrated than the low group, especially when exposed to Condition 3. Changes in negative affect predicted likelihood of engaging in sexual aggression for the low but not the high risk group and anticipated enjoyment of sexual coercion in the high but not the low group. Controlling for degree of acculturation eliminated any differences between Chinese and Caucasian males. The results suggest that the appeal of sexually aggressive thoughts/fantasies is largely influenced by emotional reactivity in response to environmental stimuli. In the second study (n = 142), participants were assigned to conditions involving either an innocuous or a sexually aggressive cognitive priming task. Regardless of condition, high risk males were more likely to engage in sexual aggression in the laboratory than those deemed low risk. When the effects of discomfort were controlled, a significant interaction between risk and condition on sexual aggression was observed. While engaging in significantly less sexual aggression than the high group when assigned to the innocuous cognitive priming task, the low risk group assigned to the sexually aggressive cognitive priming task was indistinguishable from the high group. Chinese men were significantly more likely than Caucasian men to be deemed high risk and yet, this did not result in differential rates of sexual aggression in the laboratory. Discomfort in response to the sexually aggressive cognitive priming task did, however, result in Chinese men engaging in more sexual aggression than those assigned to the innocuous task. These findings suggest that even those not previously inclined towards sexual aggression can do so under opportunistic circumstances, following an increase in discomfort associated with exposure to and involvement with sexually coercive material.
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Spratt, Ashley Price. "Green with emotion the effect of negative emotional appeal intensity on cognitive processing of environmental PSAs /." Diss., Columbia, Mo. : University of Missouri-Columbia, 2008. http://hdl.handle.net/10355/5680.
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Thesis (M.A.)--University of Missouri-Columbia, 2008.The entire dissertation/thesis text is included in the research.pdf file; the official abstract appears in the short.pdf file (which also appears in the research.pdf); a non-technical general description, or public abstract, appears in the public.pdf file. Title from title screen of research.pdf file (viewed on August 14, 2009) Vita. Includes bibliographical references.
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Lestrade, Éric. "Les principes directeurs du procès dans la jurisprudence du Conseil Constitutionnel." Thesis, Bordeaux 4, 2013. http://www.theses.fr/2013BOR40033/document.
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Malgré le peu de fondements écrits consacrés à la justice dans le texte de la Constitution du 4 octobre 1958, le Conseil constitutionnel, en réalisant un travail d’actualisation à partir de la Déclaration des droits de l’homme et du citoyen, a permis l’émergence d’un droit constitutionnel processuel, construit autour de principes directeurs. Ceux-ci peuvent être répartis dans trois catégories : deux principales, selon que l’acteur du procès prioritairement concerné soit le juge ou les parties et une troisième, complémentaire, celle des garanties procédurales, permettant de favoriser les qualités essentielles du juge et de contrôler le respect des droits des parties. Une gradation des exigences du Conseil constitutionnel est discrètement perceptible entre les deux premières catégories de principes, plus facilement identifiable entre celles-ci et la dernière famille. Cette échelle décroissante de « densité » des principes directeurs du procès témoigne d’une véritable politique jurisprudentielle en matière de droit constitutionnel processuel, qui met l’accent sur l’accès au juge, doté des qualités indispensables à l’accomplissement de sa mission juridictionnelle. Toutefois, aussi satisfaisante que soit l’action du juge constitutionnel français à l’égard du droit du procès, celle-ci nécessiterait aujourd’hui le relais du constituant, afin de moderniser le statut constitutionnel de la justiceIn spite of a relatively low number of written dispositions dedicated to justice inside of the body of the Constitution of October 1958 4th, the constitutional Council, while updating this text through the Declaration of Human Rights, contributed to the development of a procedural constitutional law, which is structured around guiding principles. Those principles can be classified within three different categories : two major categories depend on the trial actor that is primarily concerned, either the judge or the parties; a third and additional category pertaining to procedural protections, fosters the essential qualities of the judge and secure the protection of the parties’ rights. A gradation of the requirements of the constitutional Council is discreetly perceptible between the first two categories of principles, and more easily identifiable between those first two categories and the last one. This decreasing scale of “density” yoked to the trial guiding principles highlights a genuine judicial policy when it comes to procedural constitutional law, emphasizing access to the judge, whom is given essential qualities in order to achieve its judicial duty. However, the action of the French constitutional judge, as satisfactory as it is towards the rights of the trial, would easily support the intervention of the constituent power in order to update Justice’s constitutional status
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Ceder, Josefin. "Anticipatory and Reactive Guilt Appeals : Their Influence on Consumer Attitudes and the Moderating Effect of Inferences of Manipulative Intent." Thesis, Linnéuniversitetet, Institutionen för marknadsföring (MF), 2017. http://urn.kb.se/resolve?urn=urn:nbn:se:lnu:diva-64846.
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Guilt appeals are used to try to influence consumer behavior, with literature defining three kinds – existential, anticipatory, and reactive guilt. Anticipatory and reactive guilt appeals have never been individually studied. The purpose of this study is hence to explain the relationship between anticipatory guilt and reactive guilt, respectively, inferences of manipulative intent, and consumers’ attitude toward a brand. To test this, an online questionnaire was used, followed by linear regression and moderation analyses. The results show a positive relationship between both anticipatory guilt and attitude and between reactive guilt and attitude. Inferences of manipulative intent do not moderate either relationship. Keywords Guilt appeal, anticipatory guilt, reactive guilt, inferences of manipulative intent, consumer brand attitudes
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Yoon, Kisung. "Religious Media Use And Audience's Knowledge, Attitude, And Behavior: The Roles Of Faith Motivation, Program Appeals, And Dual Information Processing." Bowling Green State University / OhioLINK, 2011. http://rave.ohiolink.edu/etdc/view?acc_num=bgsu1300737134.
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Lei, Maxime. "Le principe de l'absence d'effet suspensif des recours contentieux en droit administratif." Thesis, Toulon, 2018. http://www.theses.fr/2018TOUL0119/document.
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Dans le cadre de la procédure administrative contentieuse, les recours ne sont pas pourvus d’un effet suspensif. Par conséquent, les autorités administratives ont la possibilité d’exécuter les décisions contestées jusqu’à la décision juridictionnelle. Cette situation, constitutive d’un principe, est le produit d’une philosophie contentieuse marquée par un déséquilibre à l’avantage de l’administration. Le principe de l’absence d’effet suspensif en est une des formes d’expression les plus directes tant il est susceptible de grever la protection des droits des requérants. Son étude permet indirectement de questionner la pertinence contemporaine des fondements idéologiques du droit et du contentieux administratif. Sa déconstruction fait apparaitre son caractère désuet au regard des évolutions en cours. Celles-ci, qu’elles soient propres au phénomène juridique ou qu’elles le dépassent, servent à déterminer les caractéristiques attendues des recours contentieux. La recherche d’une solution équilibrée, à mi-chemin entre efficacité administrative et protection des requérants, devient un impératif. Celui-ci sera atteint à partir d’une reconstruction de cet aspect épineux de la procédure administrative contentieuse en s’appuyant sur une analyse matérielle de la situation litigieuseIn contentious administrative disputes, appeal actions do not trigger any suspensive effect on the case. As a consequence, the administrative authorities can enforce the appealed decisions until the court gives its final decision. This position constitutes a principle and is due to a highly unbalanced dispute philosophy, as it tends to be favourable to the administration. The non-suspensive effect principle is one of the most direct expressions of this phenomenon as it is most likely to encumber the protection of the plaintiff rights. Studying this principle allows to question the relevance, nowadays, of the ideological basis on which law and administrative disputes are built. A deconstructive analysis shows that, due to several evolutions, this principle seems to be “outdated”. These developments, whether they are part of the legal dimension or part of something bigger, help shaping the expected features of the dispute actions. Finding a balanced solution, between administrative effectiveness and protection of plaintiffs, has become an essential requirement. And this may be reached through rebuilding this rather thorny aspect of the administrative proceedings from a legal analysis of the position in controversy
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Kardimis, Théofanis. "La chambre criminelle de la Cour de cassation face à l’article 6 de la Convention européenne des droits de l’homme : étude juridictionnelle comparée (France-Grèce)." Thesis, Lyon, 2017. http://www.theses.fr/2017LYSE3004.
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La première partie de l’étude est consacrée à l’invocation, intra et extra muros, du droit à un procès équitable. Sont analysés ainsi, dans un premier temps, l’applicabilité directe de l’article 6 et la subsidiarité de la Convention par rapport au droit national et de la Cour Européenne des Droits de l’Homme par rapport aux juridictions nationales. Le droit à un procès équitable étant un droit jurisprudentiel, l’étude se focalise, dans un second temps, sur l’invocabilité des arrêts de la Cour Européenne et plus précisément sur l’invocabilité directe de l’arrêt qui constate une violation du droit à un procès équitable dans une affaire mettant en cause l’Etat et l’invocabilité de l’interprétation conforme à l’arrêt qui interprète l’article 6 dans une affaire mettant en cause un Etat tiers. L’introduction dans l’ordre juridique français et hellénique de la possibilité de réexamen de la décision pénale définitive rendue en violation de la Convention a fait naitre un nouveau droit d’accès à la Cour de cassation lequel trouve son terrain de prédilection aux violations de l’article 6 et constitue peut-être le pas le plus important pour le respect du droit à un procès équitable après l’acceptation (par la France et la Grèce) du droit de recours individuel. Quant au faible fondement de l’autorité de la chose interprétée par la Cour Européenne, qui est d’ailleurs un concept d’origine communautaire, cela explique pourquoi un dialogue indirect entre la Cour Européenne et la Cour de cassation est possible sans pour autant changer en rien l’invocabilité de l’interprétation conforme et le fait que l’existence d’un précédent oblige la Cour de cassation à motiver l’interprétation divergente qu’elle a adoptée.La seconde partie de l’étude, qui est plus volumineuse, est consacrée aux garanties de bonne administration de la justice (article 6§1), à la présomption d’innocence (article 6§2), aux droits qui trouvent leur fondement conventionnel dans l’article 6§1 mais leur fondement logique dans la présomption d’innocence et aux droits de la défense (article 6§3). Sont ainsi analysés le droit à un tribunal indépendant, impartial et établi par la loi, le délai raisonnable, le principe de l’égalité des armes, le droit à une procédure contradictoire, le droit de la défense d’avoir la parole en dernier, la publicité de l’audience et du prononcé des jugements et arrêts, l’obligation de motivation des décisions, la présomption d’innocence, dans sa dimension procédurale et personnelle, le « droit au mensonge », le droit de l’accusé de se taire et de ne pas contribuer à son auto-incrimination, son droit d’être informé de la nature et de la cause de l’accusation et de la requalification envisagée des faits, son droit au temps et aux facilités nécessaires à la préparation de la défense, y compris notamment la confidentialité de ses communications avec son avocat et le droit d’accès au dossier, son droit de comparaître en personne au procès, le droit de la défense avec ou sans l’assistance d’un avocat, le droit de l’accusé d’être représenté en son absence par son avocat, le droit à l’assistance gratuite d’un avocat lorsque la situation économique de l’accusé ne permet pas le recours à l’assistance d’un avocat mais les intérêts de la justice l’exigent, le droit d’interroger ou faire interroger les témoins à charge et d’obtenir la convocation et l’interrogation des témoins à décharge dans les mêmes conditions que les témoins à charge et le droit à l’interprétation et à la traduction des pièces essentielles du dossier. L’analyse est basée sur la jurisprudence strasbourgeoise et centrée sur la position qu’adoptent la Cour de cassation française et l’AréopageThe first party of the study is dedicated to the invocation of the right to a fair trial intra and extra muros and, on this basis, it focuses on the direct applicability of Article 6 and the subsidiarity of the Convention and of the European Court of Human Rights. Because of the fact that the right to a fair trial is a ‘‘judge-made law’’, the study also focuses on the invocability of the judgments of the European Court and more precisely on the direct invocability of the European Court’s judgment finding that there has been a violation of the Convention and on the request for an interpretation in accordance with the European Court’s decisions. The possibility of reviewing the criminal judgment made in violation of the Convention has generated a new right of access to the Court of cassation which particularly concerns the violations of the right to a fair trial and is probably the most important step for the respect of the right to a fair trial after enabling the right of individual petition. As for the weak conventional basis of the authority of res interpretata (“autorité de la chose interprétée”), this fact explains why an indirect dialogue between the ECHR and the Court of cassation is possible but doesn’t affect the applicant’s right to request an interpretation in accordance with the Court’s decisions and the duty of the Court of cassation to explain why it has decided to depart from the (non-binding) precedent.The second party of the study is bigger than the first one and is dedicated to the guarantees of the proper administration of justice (Article 6§1), the presumption of innocence (Article 6§2), the rights which find their conventional basis on the Article 6§1 but their logical explanation to the presumption of innocence and the rights of defence (Article 6§3). More precisely, the second party of the study is analyzing the right to an independent and impartial tribunal established by law, the right to a hearing within a reasonable time, the principle of equality of arms, the right to adversarial proceedings, the right of the defence to the last word, the right to a public hearing and a public pronouncement of the judgement, the judge’s duty to state the reasons for his decision, the presumption of innocence, in both its procedural and personal dimensions, the accused’s right to lie, his right to remain silent, his right against self-incrimination, his right to be informed of the nature and the cause of the accusation and the potential re-characterisation of the facts, his right to have adequate time and facilities for the preparation of the defence, including in particular the access to the case-file and the free and confidential communication with his lawyer, his right to appear in person at the trial, his right to defend either in person or through legal assistance, his right to be represented by his counsel, his right to free legal aid if he hasn’t sufficient means to pay for legal assistance but the interests of justice so require, his right to examine or have examined witnesses against him and to obtain the attendance and examination of witnesses on his behalf under the same conditions as witnesses against him and his right to the free assistance of an interpreter and to the translation of the key documents. The analysis is based on the decisions of the European Court of Human Rights and focuses on the position taken by the French and the Greek Court of Cassation (Areopagus) on each one of the above mentioned rights
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Hsieh, En, and 謝恩. "The Impact of Fear Appeal on Advertising Effect." Thesis, 2005. http://ndltd.ncl.edu.tw/handle/02320811176969723872.
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碩士輔仁大學
餐旅管理學系碩士班
93
As the living standard rises, consumers concern about healthy topics day by day. Many researchers have focused on advertising effects of rational appeal and emotional appeal. However, more and more researches have proven fear appeal is persuasive and efficient academically and practically. The main research purpose is to investigate the relationship between the degree of fear and advertising effect. According to the message framing and the Elaboration Likelihood Model (ELM), we found there are two different persuasion routes that consumers follow when they receive messages. In this situation, message contents such as message framing and argument strength are important in determining advertising effects. To understand how message framing and argument strength moderate independent variables is another crucial goal of this paper. Through experiment design, healthy oil product information is used to create scenarios. There are three procedures: (1) to investigate the relationship between degree of fear and advertising effect; (2) to investigate whether message framing has interference effects on the correlations between degree of fear and advertising effect; (3) to investigate whether argument strength has interference effects on the correlations between degree of fear and advertising effect. The subjects are university students between the ages of 17-25. They are selected randomly for different experiments. Questionnaires were sent to 720 people for survey and 552 responses were valid data and were used in the data analysis by a statistic program, SPSS 10.0. The research results indicated the following situations: 1.It showed a significant positive correlation between degree of fear and advertising effect. 2.The message framing had interference effects on the correlations between degree of fear and advertising effect. Namely, the advertising effect would be better when degree of fear was higher and when message framing was positive. In addition, the advertising effect would be better when degree of fear was lower and when message framing was negative. 3.The argument strength had no interference effects on the correlations between degree of fear and advertising effect. 4.The degree of fear, message framing and argument strength had three-way interaction. When message is negative and the argument is weak, the degree of fear and the advertising effect had a negative correlation. Besides, when message is positive and the argument is strong, message is positive and the argument is weak, and message is negative and the argument is strong, the degree of fear did not influence advertising effect.
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Lin, Wen-Chun, and 林玟君. "Advertising Effect of Fear Appeal in e-Learning." Thesis, 2010. http://ndltd.ncl.edu.tw/handle/55580438449431643744.
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碩士國立嘉義大學
行銷與運籌研究所
98
E-Learning has been proven a new technology or interactive tool of learning activity around the world. Government, higher educational institutions, and private firms have all invested significant resources in e-Learning in order to enhance the performance. Therefore, no matter the role of purchase or vendor would like to understand the impact of adoption and purchase e-Learning factors. Fear appeal is the approach commonly used by public welfare and commercial advertising. Fear is treated as the emotion with persuasion. By creating fear, the advertising draws people’s attention on information or products and results in their motives. In this study, we examine how processes of emotional influence shape e-Learning adoption among potential consumers, what factors work more effectively, and how such influence effects vary across a user population. We manipulated two types the fear appeal and the factual information cues as motivating factors of e-Learning adoption and purchase. These factors are linked to attitude toward the ad , brand attitude, adoption and purchase intention. We further examined how these influence processes were moderated by learners’ involvement of the product. In addition, according learning inside and outside the curricula of educational institutions, there will be different advertising appeals. Eight hypotheses thus developed were empirically validated using a laboratory experiment. This study found that fear appeal and factual information cues influence learner’s adoption and purchase , and involvement moderates the influence processes. And this study also suggests that learning inside the curricula of educational institutions is based on formal education and professional courses. Thus, advertising effect of rationalized appeal advertising will be more significant; on the contrary, learning outside the curricula of educational institutions is to satisfy learners’ self-learning motivation, independent learning and self-oriented learning. Thus, fear appeal will be more suitable.
Books on the topic "The devolutive effect of appeal"
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Green, Elisabeth Jane. The effect of aspartame on subjective measures of appetite and food appeal in adult men. Ottawa: National Library of Canada, 1994.
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United States. Federal Emergency Management Agency. Los Angeles County/ University of Southern California Medical Center psychiatric hospital : LACO 2641, FEMA 1008-DR CA 037-91033: FEMA first appeal response findings. Washington, D.C.]: Federal Management Agency, 1995.
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United, States Congress Senate Committee on Energy and Natural Resources Subcommittee on Public Lands National Parks and Forests. Forest Service appeals: Hearing before the Subcommittee on Public Lands, National Parks, and Forests of the Committee on Energy and Natural Resources, United States Senate, One Hundred Second Congress, first session, on the effect the appeal of forest plans and timber supply sales may have on timber supply and the Forest Service's ability to meet its mandate of multiple use and sustained yield, November 21, 1991. Washington: U.S. G.P.O., 1992.
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Keating, Michael. State and Nation in the United Kingdom. Oxford University Press, 2021. http://dx.doi.org/10.1093/oso/9780198841371.001.0001.
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The United Kingdom is not a nation-state but a political union. It was formed by the coming together, over centuries, of territories which retained their own national identities and institutions. Key questions of demos (the people), telos (the purpose of union), ethos (binding values) and the locus of sovereignty were never definitively resolved. Since 1999, Scotland, Wales and Northern Ireland have had their own self-governing institutions within the Union. Devolution was an effort to stabilize the Union in the face of centrifugal pressures, but it left the same key questions unresolved. The Union is now contested in all four of its component parts and fundamental questions are raised about the meaning of political, social and economic union. Unionism, as doctrine and practice appears to have lost its way, unable to adjust to devolution. Brexit has added to the strains because membership of the European Union provided an external support system for the union of the United Kingdom itself. Yet the UK cannot easily fall apart into its constituent nations, and public opinion still appears largely content with the idea of a plurinational union. There is no definitive answer to the question of state and nation within the United Kingdom.
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Estwick, Samuel. Letter to the Reverend Josiah Tucker, D. D. , Dean of Glocester: In Answer to His Humble Address and Earnest Appeal, &C. with a Postscript, in Which the Present War Against America Is Shewn to Be the Effect, Not of the Causes Assigned by Him and Others, B. HardPress, 2020.
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Wedgwood, Ralph. Why Does Rationality Matter? Oxford University Press, 2017. http://dx.doi.org/10.1093/oso/9780198802693.003.0009.
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Internalism implies that rationality requires nothing more than what in the broadest sense counts as ‘coherence’. The earlier chapters of this book argue that rationality is in a strong sense normative. But why does coherence matter? The interpretation of this question is clarified. An answer to the question would involve a general characterization of rationality that makes it intuitively less puzzling why rationality is in this strong sense normative. Various approaches to this question are explored: a deflationary approach, the appeal to ‘Dutch book’ theorems, the idea that rationality is constitutive of the nature of mental states. It is argued that none of these approaches solves the problem. An adequate solution will have to appeal to some value that depends partly on how things are in the external world—in effect, an external goal—and some normatively significant connection between internal rationality and this external goal.
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Emir, Astra. 1. The Institutions of Employment Law. Oxford University Press, 2018. http://dx.doi.org/10.1093/he/9780198814849.003.0001.
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This chapter explains the organisation and functions of the following institutions of employment law: the Advisory, Conciliation and Arbitration Service (ACAS); the Certification Office; the Central Arbitration Committee (CAC); the Employment Tribunal and Employment Appeal Tribunal; industrial training boards; the Equality and Human Rights Commission; the Health and Safety Executive; the Health and Work Advisory and Assessment Service; the Low Pay Commission; and the Supreme Court. It also discusses the impact of the EU on UK employment law and the implications of the Human Rights Act 1998 for employment law, and mentions the effect of the European Union (Withdrawal) Bill.
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Kuenzler, Adrian. Summary of Results. Oxford University Press, 2017. http://dx.doi.org/10.1093/oso/9780190698577.003.0008.
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The persuasive force of the accepted account’s property logic has driven antitrust and intellectual property law jurisprudence for at least the past three decades. It has been through the theory of trademark ownership and the commercial strategy of branding that these laws led the courts to comprehend markets as fundamentally bifurcated—as operating according to discrete types of interbrand and intrabrand competition—a division that had an effect far beyond the confines of trademark law and resonates today in the way government agencies and courts evaluate the emerging challenges of the networked economy along the previously introduced distinction between intertype and intratype competition. While the government in its appeal to the Supreme Court in ...
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Mele, Alfred R. Living Without Agent Causation. Oxford University Press, 2017. http://dx.doi.org/10.1093/acprof:oso/9780190659974.003.0011.
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This chapter explores a question about agent causation: If we were to learn that agent causation is impossible, what effect might that have on some philosophers’ reasoning about event-causal libertarianism? It is argued that, with agent causation off the table, event-causal libertarianism’s appeal would grow stronger for some philosophers. The stage for this argument is set partly by means of a review of issues about luck, control, and settling that surround some arguments subjected to critical scrutiny earlier in the book: namely, the same-control argument, the more-control argument, and Derk Pereboom’s disappearing agent argument. Special attention is paid to direct control. Two different accounts of direct control are offered.
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Gerken, Mikkel. Staging a Strict Purist Invariantist Comeback. Oxford University Press, 2017. http://dx.doi.org/10.1093/oso/9780198803454.003.0010.
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Chapter 9 responds to arguments for pragmatic encroachment that appeal to the communicative functions of knowledge ascriptions or genealogical assumptions. The methodology of such arguments is criticized by way of a dilemma—the Functional Role Dilemma. A further dilemma for pragmatic encroachment—Pandora’s Dilemma—is then raised: many factors other than stakes can have an effect on knowledge ascriptions. So, pragmatic encroachers must either accept that these factors are partial determiners of knowledge or reject this. However, both options lead to trouble. Since these dilemmas are indicative of the mistakes in our intuitive judgments, Chapter 9 serves both the purpose of compromising mistaken appeals to folk epistemology and the purpose of guiding a positive account.
Book chapters on the topic "The devolutive effect of appeal"
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Schmidt, Steffen, Sascha Langner, and Matthias Limbach. "Who Is Your True G.O.A.T? Analyzing the Cause-Effect Relations of Sport Rivalry on the Emotional Appeal Toward a Sport Athlete: An Abstract." In Back to the Future: Using Marketing Basics to Provide Customer Value, 527–28. Cham: Springer International Publishing, 2017. http://dx.doi.org/10.1007/978-3-319-66023-3_177.
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Richman, William M., and William L. Reynolds. "The Cumulative Effect of the Appellate Triage Regime." In Injustice On Appeal, 115–27. Oxford University Press, 2012. http://dx.doi.org/10.1093/acprof:oso/9780195342079.003.0009.
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Tilmann, Winfried. "Suspensive effect." In Unified Patent Protection in Europe: A Commentary. Oxford University Press, 2018. http://dx.doi.org/10.1093/oso/9780198755463.003.0423.
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Rule 252 provides that an application for rehearing will not have suspensive effect unless the Court of Appeal decides otherwise. It corresponds almost verbatim to the second clause of Art 81(2) UPCA.
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"1. The Illusory Appeal of Double Effect." In Moral Dimensions, 8–36. Harvard University Press, 2008. http://dx.doi.org/10.4159/9780674043145-001.
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Büttner, Tilmann. "Rule 223 Application for suspensive effect." In Unified Patent Protection in Europe: A Commentary. Oxford University Press, 2018. http://dx.doi.org/10.1093/oso/9780198755463.003.0388.
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Unlike the German system of civil procedure, the—only admissible—legal remedy in the new European patent litigation system, ie the appeal, does not prevent the enforcement and execution of the decision appealed. In that sense, the legal remedy has the effect of lifting the case into another instance but does not have the effect of staying the enforceability of the decision. Any suspensive effect needs to be applied for and ordered by the Court of Appeal.
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Tochtermann, Peter. "Effects of an appeal." In Unified Patent Protection in Europe: A Commentary. Oxford University Press, 2018. http://dx.doi.org/10.1093/oso/9780198755463.003.0123.
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An appeal shall not have suspensive effect unless the Court of Appeal decides otherwise at motivated request of one of the parties. The Rules of Procedure shall guarantee that such a decision is taken without delay.
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"3.7 Effect on right of appeal to Crown Court." In Criminal Litigation & Sentencing, 422–26. Routledge-Cavendish, 2000. http://dx.doi.org/10.4324/9781843140047-89.
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Kuczera, Markus. "Rule 86: Suspensive effect." In Unified Patent Protection in Europe: A Commentary. Oxford University Press, 2018. http://dx.doi.org/10.1093/oso/9780198755463.003.0276.
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Actions against administrative decisions of the EPO (Art 32(1)(i) UPCA, Art 9 EPUE Reg) have suspensive effect. This provision applies without exception. The Court is not granted any discretion. This rule thus differs from Art 74(1) cl 1 UPCA (generally no suspensive effect for an appeal in the other proceedings) or Art 81(2) cl 2 UPCA, Rule 252 UPCARoP (generally no suspensive effect if a rehearing is requested).
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Wägenbaur, Bertrand P. "Article 183 Effect on a cross-appeal of the discontinuance or manifest inadmissibility of the appeal." In Court of Justice of the EU, 552–53. Nomos, 2013. http://dx.doi.org/10.5771/9783845259079-552-1.
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Choudhury, Rahul Gupta. "Influence of Marketing Mix Decisions on Emotional Branding and Its Effect on Customer Appeal." In Driving Customer Appeal Through the Use of Emotional Branding, 107–24. IGI Global, 2018. http://dx.doi.org/10.4018/978-1-5225-2921-7.ch007.
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Emotional branding has become a necessity for most brands today. Brand loyalty can be developed by brands only when there is an emotional connection between the brand and its consumers. This chapter deals with the nuances and meaning of emotional branding and how it appeals to consumers. There is also a lot of discussion on how the elements of the marketing mix (4Ps) help the brands to attract and retain consumer loyalty over a long period of time. Marketing mix decisions are part of the overall marketing strategy of the firm as well as the brand, and more often than not - considerable changes have to be made in order to establish an emotional connection with the consumers. Research shows that today's consumers are more experience-oriented and hence, a positive experience motivates the customer towards repeat purchase and ultimately brand loyalty. The marketing mix should then be geared to provide a great product/service/brand experience to its consumers.
Conference papers on the topic "The devolutive effect of appeal"
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Xu Yaoshan, Diao Wei, and Li Yongjuan. "The effect of fear appeal on risky driving attitude and intention change: An experimental study." In 2011 International Conference on Business Management and Electronic Information (BMEI). IEEE, 2011. http://dx.doi.org/10.1109/icbmei.2011.5916920.
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Wang, Yuchuan, Ying Cui, Bo Wang, and Min Zhang. "Ultrasonic atomizing-assisted spray drying: Effect on the quality of skimmed milk powders." In 21st International Drying Symposium. Valencia: Universitat Politècnica València, 2018. http://dx.doi.org/10.4995/ids2018.2018.7511.
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Skimmed milk powders (SMP) were produced by ultrasonic atomizing-assisted spray drying (UASD). It was found that UASD can produce high quality SMP (with < 5% moisture content and < 2% insolubility) at lower inlet temperatures (~130℃). The particle size of the UASD-SMP was 10 times smaller (decreased from ~20 µm to 4 µm) than the tranditionally spray-dried SMP and the color appeal of UASD-SMP was also better (L* value increased by > 6 %). Overall, this research shown that UASD can be used to produce small particle size and high quality SMP. Keywords: Skimmed milk powder; ultrasonic atomization; spray dryer; particle size distribution; color
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Yang, Cheng-Hsueh, and Jui-Che Tua. "Study on the influence of the expression effect of green public service advertising on the viewers brought by its appeal method." In 2016 International Conference on Advanced Materials for Science and Engineering (ICAMSE). IEEE, 2016. http://dx.doi.org/10.1109/icamse.2016.7840254.
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Holmes, Ryan R., Jennifer R. Melander, Rachel A. Weiler, Thomas P. Schuman, Kathleen V. Kilway, and J. David Eick. "Polymerization Stress and the Influence of TOSU Addends on Methacrylate Composites." In ASME 2012 Summer Bioengineering Conference. American Society of Mechanical Engineers, 2012. http://dx.doi.org/10.1115/sbc2012-80627.
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The aesthetic appeal of composite-resin restoratives promotes their use, however their functional life is significantly shorter when compared to their metal counterparts.1 One possible reason is the effect of polymerization stress on marginal integrity. Shrinkage of the composite, and its associated stress, has been found to cause gap formation and stress interactions between the restorative and the adhesive. These gaps offer an ideal niche for bacteria, and, when compounded by the mechanical strain of chewing, can lead to premature failure of the restorative.2,3 Additionally, it is well known that incomplete conversion of the double bonds occurs during methacrylate polymerizations.4–7 A high degree of conversion is needed to prevent the presence of potentially hazardous monomers.8
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Cunha, Gerson Gomes, Luis Augusto Petrus Levy, Maria Ce´lia Santos Lopes, and Luiz Landau. "Ultra-Deepwater Floating Platforms Simulation on SPAR Realistic Marine Virtual Environment System." In ASME 2003 22nd International Conference on Offshore Mechanics and Arctic Engineering. ASMEDC, 2003. http://dx.doi.org/10.1115/omae2003-37270.
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This paper presents a new system for offshore floating petroleum platforms design and simulation using virtual reality technology. Environmental conditions and visual effects were introduced together the analysis results to build a realistic experience. The system integrates the capabilities of a large scale design system PROSIM, for design and evaluation of floating structures, mooring lines and rigid or flexible risers under wave, wind and current effect; and SPAR system, for realistic visual effects and environmental conditions representation to enhance the visual perception and phenomenon understanding. It will be presented a real case usage of the system in the project of new floating platform with wave, wind and terrain data of the Campos Basin (Brazilian biggest reservoir). The real-time simulation of floating systems is not new, but until today only scientific aspects were considered besides visual appeal. The association of artistic elements only used on movies and games are introduced in real engineering simulation creating a new way of understanding and interacting with this scientific data.
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Peixoto, Bárbara Pereira, José Walkimar de M. Carneiro, and Rodolfo Goetze Fiorot. "Substituição nucleofílica alifática: qual o mecanismo preferencial? Estudo computacional dos efeitos da estrutura do substrato e solvente." In VIII Simpósio de Estrutura Eletrônica e Dinâmica Molecular. Universidade de Brasília, 2020. http://dx.doi.org/10.21826/viiiseedmol2020122.
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Nucleophilic aliphatic substitution reactions constitute important steps in the synthesis of substances with biological activity and industrial appeal, beyond to participating in steps in biosynthetic routes of natural products. Unimolecular (SN1) and bimolecular (SN2) pathways can be understood as limiting cases of a mechanistic continuum. In between them, borderline mechanisms are proposed. The preference for one path over another depends on several factors, such as the structure of the substrate, the nucleophile and the solvent used. This plurality is still a topic of discussion and needs further understanding. In this context, the present work aims to rationalize the preferential reaction pathway for nucleophilic aliphatic substitutions, whose substrates do not fit only in the uni- and bimolecular models, by identifying lower energy reaction pathways due to the structural and electronic characteristics. The evaluation was carried out by molecular modeling at the Density Functional Theory (DFT) level, simulating substrates with the nucleofuge (Cl and NH3 + ) connected to secondary carbon atoms, with the computational method M06-2X/aug-cc-pVTZ, previously validated according to geometrical and energetic parameters. Besides, we checked the effect of a polar solvent with high dielectric constant in the reaction pathways. The analyzed substrates demonstrated preference for the bimolecular mechanism and the influence of a solvent in these reactions was evident.
Reports on the topic "The devolutive effect of appeal"
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Dejene Mamo, Bekana. The Impact of Intergovernmental Transfers on Fiscal Behaviour of Local Governments in Ethiopia. Institute of Development Studies (IDS), November 2020. http://dx.doi.org/10.19088/ictd.2020.001.
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This paper examines the effect of intergovernmental fiscal transfers on the fiscal behaviour of local governments in Ethiopia for the period 2004-2018. The empirical findings suggest that central government grants bolster state-level employment and expenditure. However, grants from the central government to states do not crowd out state-level revenue collection. Hence, this paper argues that fiscal decentralisation in Ethiopia has mostly, at least in theory, taken the form of devolution of the power to tax and spend public money. However, on average state-level revenue can only finance up to 26 per cent of their annual expenditure. As a result, fiscal federalism in Ethiopia appears to be a form of delegation of spending responsibilities. It has to be considered in the context of a decentralised tax system, but with a transfer scheme and political hierarchy. The results are found to be robust to alternative econometric estimation techniques.
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Sarofim, Samer. Developing an Effective Targeted Mobile Application to Enhance Transportation Safety and Use of Active Transportation Modes in Fresno County: The Role of Application Design & Content. Mineta Transportation Institute, July 2021. http://dx.doi.org/10.31979/mti.2021.2013.
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This research empirically investigates the need for, and the effective design and content of, a proposed mobile application that is targeted at pedestrians and cyclists in Fresno County. The differential effect of the proposed mobile app name and colors on the target audience opinions was examined. Further, app content and features were evaluated for importance and the likelihood of use. This included design appeal, attractiveness, relevance, ease of navigation, usefulness of functions, personalization and customization, message recipients’ attitudes towards message framing, and intended behaviors related to pedestrian, cyclist, and motorist traffic safety practices. Design mobile application features tested included image aesthetics, coherence and organization, and memorability and distinction. Potential engagement with the mobile app was assessed via measuring the users’ perceived enjoyment while using the app. The behavioral intentions to adopt the app and likelihood to recommend the app were assessed. The willingness to pay for purchasing the app was measured. This research provided evidence that a mobile application designed for pedestrians and cyclists is needed, with high intentions for its adoption. Functions, such as Safety Information, Weather Conditions, Guide to Trails, Events for Walkers and Bikers, and Promotional Offers are deemed important by the target population. This research was conducted in an effort to increase active transportation mode utilization and to enhance the safety of vulnerable road users. The public, city administrators, transportation authorities, and policy makers shall benefit from the results of this study by adapting the design and the features that are proposed in this research and were found appealing and useful for the target vulnerable road user groups. The need of the proposed mobile application and its main functions are established, based on the results of this research, which propagates further steps of implementation by city administrators and transportation authorities.