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Johnson, Conrad C. "Significant Trade Contractor Performance Characteristics as Evaluated by Big-D Construction." Diss., CLICK HERE for online access, 2007. http://contentdm.lib.byu.edu/ETD/image/etd1764.pdf.
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Frielingsdorf, Klaus. "Contractor evaluation and selection for projects using the analytic hierarchy process." Thesis, Stellenbosch : Stellenbosch University, 2002. http://hdl.handle.net/10019.1/52747.
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Thesis (MBA)--Stellenbosch University, 2002.ENGLISH ABSTRACT: Changes in the global salt market have presented Walvis Bay Salt Refiners with an opportunity to increase its current sales by approximately 40%. Following several pre-feasibility studies, the expansion project plan was created. The construction of new ponds, canals and sluices were to be performed by a subcontractor as selected through a tender process. The scope of the work comprised approximately 70% of the total project cost and it also represented the most critical part of the expansion project. Thomas Saaty’s Analytic Hierarchy Process, was used as a group decision support system for the selection of the most suitable subcontractor. The weighted average mean method was used to aggregate individual scores. A sensitivity analysis was performed following the final outcome to gain a deeper understanding of the problem, obtain a measure of margin between subcontractor scores and to check for the correctness of numbers.
AFRIKAANSE OPSOMMING: Veranderinge in die wêreld soutmark het vir Walvis Bay Salt Refiners 'n geleentheid gebied om sy verkope met ʼn beraamde 40% te verhoog. Na verskeie voorondersoeke is 'n volledige projekplan opgestel. Die vervaardiging van damwalle, kanale en sluise sou deur 'n kontrakteur gedoen word wat deur ʼn tenderprosedure gekeur sou word. Die omvang van hierdie gedeelte van die uitbreidingsprojek verteenwoordig ongeveer 70% van die totale projekkostes en is terselfdelyk die mees sensitiewe gedeelte van die projek. Thomas Saaty se Analytic Hierarchy Process is gebruik as die groepbesluitnemingsondersteuningstelsel om die mees geskikte kontrakteur te kies. Die geweegde gemiddelde is gebruik om die individuele oordele saam te voeg. Sensitiwiteits analise is uitgevoer nadat die finale uitslag bepaal is om sodoende beter insig in die probleem te ontwikkel, om ʼn beter onderskeiding tussen die kontrakteur puntetellings te kry en om die juistheid van die syfers na te gaan.
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Attah, Aloysius. "The Relationship Between Information Quality and Construction Safety." ScholarWorks, 2019. https://scholarworks.waldenu.edu/dissertations/6713.
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Fatal occupational injury is a construction and management problem in the United States. Fatality rates among specialty trade contractors made up the largest percent of fatalities in construction at 62% per year. The purpose of this nonexperimental study was to examine the relationship between the quality of information in construction safety plans and construction safety among specialty trade contractors. The theoretical foundations for the study were Petersen's accident/incident theory and work systems theory. The key research question was to examine the relationship between information quality and construction safety among specialty trade contractors. A survey with closed-ended questions was used to collect primary data from a self-selection sample of 134 specialty trade contractors in the United States. Spearman rank correlation coefficient (rs) was used to measure the strength of the relationship between information quality and construction safety. Results indicated that the quality of information in construction safety plans (measured by the relevance, accuracy, timeliness, and completeness of information) did not have any statistically significant relationships with construction safety among U.S. specialty trade contractors. Further research is needed to understand if the variables used in this study are relevant predictors for construction safety. This study connects with positive social change by bringing into focus quality information systems research required to improve safety among U.S. specialty trade contractors and provide safety professionals a direction for continuous safety improvement in the U.S. construction industry, thus benefitting construction stake holders.
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Antràs, Pol. "Firms, contracts, and trade structure." Thesis, Massachusetts Institute of Technology, 2003. http://hdl.handle.net/1721.1/17570.
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Thesis (Ph. D.)--Massachusetts Institute of Technology, Dept. of Economics, 2003.Includes bibliographical references (p. 163-171).
This dissertation consists of three essays in the intersection of the theory of international trade and the theory of the firm. The first essay starts by unveiling two systematic patterns in the volume of intrafirm trade. I then show that these patterns can be rationalized in a theoretical framework that combines a Grossman-Hart-Moore view of the firm with a Helpman-Krugman view of international trade. In particular, I develop an incomplete-contracting, property-rights model of the boundaries of the firm, which I then incorporate into a standard trade model with imperfect competition and product differentiation. The model pins down the boundaries of multinational firms as well as the international location of production. Econometric evidence reveals that the model is consistent with other qualitative and quantitative features of the data. In the second essay, I develop a dynamic, general-equilibrium Ricardian model of North-South trade, in which the incomplete nature of contracts governing international transactions leads to the emergence of product cycles. Following the property-rights approach to the theory of the firm, the same force that creates product cycles, i.e. incomplete contracts, opens the door to a parallel analysis of the determinants of the mode of organization. The model is shown to deliver endogenous organizational cycles. I discuss several macroeconomic and microeconomic implications of the model and relate them to the previous literature on the product cycle. The third essay, co-authored with Professor Helpman from Harvard University, provides a theoretical framework for studying global sourcing strategies. In our model, heterogeneous final-good producers choose organizational forms. That is, they choose ownership structures and locations for the production of intermediate inputs.
(cont.) We describe an equilibrium in which firms with different productivity levels choose different ownership structures and supplier locations. We then study the effects of within-sectoral heterogeneity and variations in industry characteristics on the relative prevalence of these organizational forms. The analysis sheds light on the structure of foreign trade within and across industries.
by Pol Antràs.
Ph.D.
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Jeong, Kwan Seok. "Good practice transfer within small construction specialist trade contractors." Thesis, University of Salford, 2005. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.493709.
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The importance of knowledge as a potential source of sustainable competitive advantage is increasingly appreciated by both policy-makers and practitioners. This issue is particularly pertinent to the construction industry, which represents a significant contribution to a nation's GDP and employment, but whose performance is repeatedly highlighted as unsatisfactory.
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Thuresson, Carin. "Contract Enforcement – And Its Impact on Bilateral Trade." Thesis, Jönköping University, JIBS, Economics, 2008. http://urn.kb.se/resolve?urn=urn:nbn:se:hj:diva-1316.
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Today it is well known that institutions have a significant impact on growth and development. Less research has been investigating how institutions and in-stitutional quality affect trade. This thesis will specifically examine the effect contract enforcement has on bilateral trade. Secure property rights and con-tract enforcement are important for a country’s productivity and growth.
The empirical analysis is based on the gravity model of trade to examine what explains the trade flows and more importantly what impact contract enforce-ment has on the bilateral trade. Instead of using one of the many existing sub-jective measurements of contract enforcement, an objective measurement called Contract-Intensive Money (CIM) is used.
The results show that contract enforcement of the exporting country has a greater impact on exports than that of the importing country. As expected the institutionally dependent sector of machinery and transport equipment requires a higher level of contract enforcement than the standardized food sector. It implies that the exporting country will have a comparative advantage in export-ing complex products and import simple products. The results also indicates that the effect on exports is higher when there is development of a country’s poor contract enforcement rather than improvement in already high-quality contract enforcement in the partner country.
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Sonnerby, Per. "Contract-theoretic analyses of consultants and trade unions." Doctoral thesis, Stockholm : Economic Research Institute, Stockholm School of Economics (EFI), 2007. http://www2.hhs.se/efi/summary/734.htm.
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Jacobs, Faizel. "Concept and evolvement of Chinese Contract Law." Master's thesis, University of Cape Town, 2015. http://hdl.handle.net/11427/19740.
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This dissertation discusses the evolvement of Chinese Contractual law and establishes as to whether it converges or has any similarity with any Western legal norms and standards. I will view the recent history and early sources of Chinese law as influenced by political changes and tradition; as well as the influence of international commercial transaction agreements. The formation of a contract, standard terms and modification of contracts and the dissolution and breach in Chinese contracts will be discussed and also whether parties do in fact have the freedom to enter agreements with each other without third party interference. The role played by the Judiciary when addressing the issue of contractual disputes and in particular the Interpretations and Opinions of the Supreme Peoples' Court of China on the new Chinese Contract Law will be considered, as well as whether the concept of Doctrine of Precedent as practiced in the West does in fact exist in China. My motivation for choosing this topic is based on the fact that China is (1) the second largest economy in the world and her consequential impact on world trade, (2) its economic influence in the world especially Africa, (3) the fact that China is South Africa's largest trade partner, (4) South Africa's membership of BRICS [1] , and (5), China's growing influence in the world in the creation of parallel institutions to the West, such as the New Development Bank (formerly known as the BRICS Development Bank) rivalling current Western institutions such as the World Bank and the International Monetary Fund.
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Lafontaine, Francine. "Franchising as a share contract : an empirical assessment." Thesis, University of British Columbia, 1988. http://hdl.handle.net/2429/28849.
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Contractual arrangements have been the subject of a substantial body of economic
research. In particular, economists have sought an explanation for the existence
of share contracts. Under this kind of contract, two or more parties share in the output of the production process. These contracts present a problem to economists because they imply more than one residual claimant. Thus incentives are diluted and inefficiency is expected to result. But this type of contract has existed for centuries and continues to be used today. Why is that if they are inefficient? The answer is that under conditions of uncertainty and imperfect information, share contracts can be preferable to fixed-wage (vertical integration) or fixed-rent (market transaction)
agreements. In fact, many explanations for the existence of share contracts and their coexistence with fixed-wage and rental arrangements are found in the theoretical literature.
While the theoretical literature on the subject of share contracts has flourished over the last decade, empirical analyses of these models has lagged behind. This thesis aims to rectify the situation somewhat. More precisely, recent advances in the theoretical literature are applied to the analysis of franchise contracts. An empirical
model of franchising based on profit-maximizing behavior is developed which makes it possible to examine whether the factors theorists have suggested as potential
explanations for share contracts are relevant when it comes to explaining what one observes in the context of franchising, and whether their effects are consistent with predictions from the various theories. Both the contract mix, i.e. franchisors' decisions concerning the proportion of stores they want to operate and franchise, and the terms of the franchise contract, fixed and variable fees, are examined.
In order to carry out the analysis, data on a cross-section of 548 individual franchisors
in 1986 were gathered. These franchisors are involved in a variety of business activities in the U.S., such as Fast-food Restaurants, Business Aids and Services, Construction and Maintenance, and Non-food Retailing. Censoring problems arise from the fact that a number of franchisors in the sample franchise all of their outlets. Also, some firms require no variable or no fixed fee. For these reasons, the maximum likelihood Tobit estimator is used.
Empirical work in an area such as this, where theories rely on concepts that are not easily quantifiable, can hardly provide unambiguous answers about the validity of the theories. Nevertheless, the following results emerge from the empirical analysis. First, the effect of risk, measured either by the proportion of discontinued outlets or by the variance of sales in the sector, is found to be the opposite of what pure risk-sharing and one-sided hidden-action models would predict. Second, firms resort to franchising more often when monitoring downstream operators becomes costlier, and use it proportionately less when the value of the inputs they themselves provide increases. This is consistent with two-sided hidden-action models. Results with respect to capital-market-imperfection arguments are rather inconclusive. It appears that franchising relaxes some form of constraint franchisors face in trying to expand their operations, since they use it more when they are growing faster, but whether this is a financial constraint remains unclear.
The explanatory power of the model is greater with respect to the proportion of franchised stores than it is for any of the two fees. Thus, in response to changes in the exogenous variables considered here, franchisors, who have a choice between modifying the terms of their franchise contract or changing the proportion of stores they want to franchise, tend to do mostly the latter.
Contrary to what one would have expected on a theoretical basis, the observed royalty rates and franchise fees are not negatively correlated in this data set. Combined
with the fact that the model is less satisfactory relative to the fees, this suggests that there are considerations in the determination of the royalty rate and the franchise
fee that have not been taken into account in the theories. One possibility in the case of the fixed fee is that it may include the price of services provided by the franchisors.
It also appears that franchisors use input sales as another means to extract rent from franchisees. This may contribute to the lack of correlation between the two fees. Finally, the equation for the franchise fee was derived under the assumption that all remaining surplus at the downstream level, given the royalty rate, should be extracted through the franchise fee. The lack of relationship between the fees could be an indication that this assumption is incorrect, and that there are in fact rents left at the downstream level. This would be consistent with the existence of queues of potential franchisees in many franchise chains.Arts, Faculty of
Vancouver School of Economics
Graduate
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Smith, Stephen A. "The common law of restraint of trade : a theoretical analysis." Thesis, University of Oxford, 1993. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.358569.
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Grandner, Thomas. "Optimal contracts for vertically connected, unionized duopolies." Inst. für Volkswirtschaftstheorie und -politik, WU Vienna University of Economics and Business, 2000. http://epub.wu.ac.at/1588/1/document.pdf.
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In this paper a vertically structured duopolistic market with unionized price setting firms is analyzed. The form of the contract of the transactions between upstream and downstream firms can be linear pricing, franchising or vertical integration. It is known from literature (Irmen 1997) that the price elasticity of the industry demand and the degree of product differentiation are the decisive factors in the determination of the profit maximizing form of the contract. In this paper it is shown that the bargaining power of the union is an additional factor. With a higher bargaining power linear pricing becomes less preferable. (author's abstract)Series: Department of Economics Working Paper Series
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Luckman, Peter Craig. "Restraint of trade in the employment context." Thesis, Nelson Mandela Metropolitan University, 2007. http://hdl.handle.net/10948/842.
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Clauses in restraint of trade agreements concluded between an employer and an employee often present difficult legal issues to deal with. This complexity is due to the fact that a court, in deciding whether to enforce a restraint provision, has to strike a balance between two equal but competing policy considerations, namely, the sanctity of the contract and the freedom of movement of people in a market economy. In striving to balance the sanctity of contract with the right of freedom to trade, it is necessary to decide which of these two policy considerations should take precedence by having regard to the public interest served by them in the particular circumstances. In the watershed case of Magna Alloys and Research(SA)(Pty) Ltd v Ellis, the Appellate Division decided the sanctity of contract had greater precedent in South African law and that undertakings in restraint of trade were prima facie valid and enforceable, unless the party seeking to avoid its obligations could show that the restraint of trade was contrary to public interest. The second consideration, namely that a person should be free to engage in useful economic activity and to contribute to the welfare of society, tempers the sanctity of contract considerations. Accordingly, the courts have struck down any unreasonable restriction on the freedom to trade where it was regarded as contrary to public interest. In considering the reasonableness and therefore the acceptability of restraint of trade provisions from a public policy perspective, the following five questions need consideration: Is there a legitimate interest of the employer that deserves protection at the termination of the employment agreement? If so, is that legitimate interest being prejudiced by the employee? If the legitimate interest is being prejudiced, does the interest of the employer weigh up, both qualitatively and quantitatively against the interest of the employee not to be economically inactive and unproductive? Is there another facet of public policy having nothing to do with the relationship between the parties but requires that the restraint should either be enforced or rejected? Is the ambit of the restraint of trade in respect of nature, area and duration justifiably necessary to protect the interests of the employer? In enforcing a restraint, the court will consider all the facts of the matter as at the time that the party is seeking to enforce the restraint. If a court finds that the right of the party to be economically active and productive surpasses the interest of the party attempting to enforce the restraint, the court will hold that such restraint is unreasonable and unenforceable. Consideration of the enforceability of restraints is often found to be challenging in view of the answers to the above stated five questions often remaining of a factual nature and subjective, i.e. the view and perceptions of the presiding officer play an important role. A further complexity is the limited early effect which the Constitution of the Republic of South Africa had on dispute resolution pertaining to restraints of trade in the employment context and the prospects of imminent changes to the pre-Constitutional era locus classicus of Magna Alloys and Research (SA)(Pty) Ltd v Ellis.
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Chui, On Kei. "A survey on franchising and an application of incomplete contract /." View abstract or full-text, 2004. http://library.ust.hk/cgi/db/thesis.pl?ECON%202004%20CHUI.
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Thesis (M. Phil.)--Hong Kong University of Science and Technology, 2004.Includes bibliographical references (leaves 34-36). Also available in electronic version. Access restricted to campus users.
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Nimpongsak, Rachadapon. "Thai petroleum concession contract proposal for revision /." Thesis, Available from the University of Aberdeen Library and Historic Collections Digital Resources. Restricted: no access until March 27, 2014, 2009. http://digitool.abdn.ac.uk:80/webclient/DeliveryManager?application=DIGITOOL-3&owner=resourcediscovery&custom_att_2=simple_viewer&pid=25981.
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Hémous, David. "Essays on International Trade, Economic Growth and the Environment." Thesis, Harvard University, 2012. http://dissertations.umi.com/gsas.harvard:10434.
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This dissertation consists of three essays on Economic Growth. The first essay introduces directed technical change in a growth model with environmental constraints. The final good is produced from ”dirty” and ”clean” inputs. We show that when inputs are sufficiently substitutable, sustainable growth can be achieved with temporary taxes/subsidies that redirect innovation towards clean inputs; and that delay in intervention is costly as it later necessitates a longer transition phase with slow growth. The second essay explains how unilateral environmental policies undertaken by a group of committed countries can ensure sustainable growth in the presence of directed technical change. There are two countries and two tradeable goods: a nonpolluting good and a polluting one, which, itself, is produced with a clean and a dirty input. Innovation can be targeted at the non-polluting sector, at clean or at dirty technologies. I show that sustainable growth can generally not be achieved by unilateral carbon taxes but can be achieved by a temporary unilateral combination of clean research subsidies and a tariff. I characterize the first best policy, the world optimal policy under the constraint that one country must be in laissez-faire, and the optimal policy from the viewpoint of a single country. The third essay shows that long-term relationships, which reduce the static costs associated with low contractibility, create dynamic inefficiencies. We consider the repeated interaction between final good producers and intermediate input suppliers, where the provision of the intermediate input is non contractible. Producer/supplier pairs can be good matches or bad matches (featuring lower productivity). We build a ”cooperative” equilibrium that features cooperation in good matches without any collusion amongst suppliers. We contrast this set-up with the Nash equilibrium where cooperation is precluded and a contractible setting. Every period one supplier has the opportunity to innovate. We show that innovations need to be larger to break up existing relationships in the cooperative case than in the contractible and Nash cases. The rate of innovation in the cooperative case is lower than in the contractible case, and can be lower than in the Nash case.Economics
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Seitz, Michael. "Incomplete Contracts, Financial Frictions and Trade - Firms and Consumers in a Global Economy." Diss., lmu, 2011. http://nbn-resolving.de/urn:nbn:de:bvb:19-137274.
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Irvine, John B. "Geographic price spreads in world wheat trade." Thesis, Kansas State University, 1985. http://hdl.handle.net/2097/9852.
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Mohlabi, Glynn Stephen Mabuela. "Transfer of business, trade or undertaking and its effects on contract of employment." Thesis, University of Limpopo, 2010. http://hdl.handle.net/10386/564.
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Hannah, David Ramsay. "An investigation of the effects of trade secret protection procedures and psychological contract violations on employees' tendencies to divulge trade secrets /." Digital version accessible at:, 2000. http://wwwlib.umi.com/cr/utexas/main.
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Iwanow, Tomasz. "Essays on institutions and international trade." Thesis, University of Manchester, 2012. https://www.research.manchester.ac.uk/portal/en/theses/essays-on-institutions-and-international-trade(2c25e914-f996-477f-aa9c-5fb746ee4672).html.
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The Thesis analyses the impact that humanly devised institutions, defined as “formal and informal constraints on political, economic, and social interactions”, have on international trade and the patterns comparative advantage. The key assumption of the Thesis is that although institutions impact on the whole economy they may influence some sectors more than others. Industry‘s dependence on institutions is a technological feature of production. Hence, for example, industries that require a large number of intermediate inputs for production will be more dependent on the quality of contract enforcement regulation for their growth. The Thesis analyses 4 different sub-components of institutional quality: contract enforcement, financial development, property rights and labour market institutions. The Thesis’ hypotheses regarding each of these sub-components are as follows: 1. Countries with more efficient contract enforcement regulations will specialize (have a comparative advantage) in more complex sectors that depend on contracts with suppliers/producers for their growth.2. Countries with more secure property rights will specialize in sectors that are more dependent on intangible assets for production.3. Countries with higher financial development will have a comparative advantage in sectors that are more dependent on external finance for their growth.4. Countries with more flexible labour markets will specialize in more volatile industries. In order to test these assumptions we construct three econometric models (Chapters 4-6). In Chapter 4 we assess how contract enforcement regulations, financial development, property rights and labour market institutions impact on trade volumes using a well-known gravity model. In Chapter 5 we test whether these sub-components have an impact on growth of value-added at industry level. Finally, in chapter 6 the impact on firms’ productivity is tested. The results show that contract enforcement regulations and financial development affect countries’ comparative advantage by affecting countries trade flows, value-added and productivity in a way consistent with the hypothesis. The results regarding the other two institutional sub-components are mixed but we do find some evidence the countries with more secure property rights export more and have higher value-added growth in sectors that are more dependent on intangible assets. These results are robust to different specifications. Using a novel set of instrumental variables we show that causality runs from institutions to trade, value-added and productivity rather than the reverse. We supplement the empirical evidence with a case-study of Lesotho’s textiles and garment industry and also find some evidence that this export-oriented industry emerged in Lesotho at least partly due to this country’s good institutions that are better than its African competitors. From a policy perspective our results imply that institutional and regulatory reform - especially in enforcement of contracts and financial sector regulations - may enhance the capacity of poor countries to move up to specialization into higher-valued products and to reap benefits from international integration.
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Pretorius, Albertus Johannes Hendrik. "Business problems facing potential emerging contractors in CIDB grades 5 to 7." Thesis, Nelson Mandela Metropolitan University, 2016. http://hdl.handle.net/10948/3459.
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Considering the vital part which the construction industry plays in the economy of South Africa, as well as the objectives of the reconstruction and development thereof, the failure of contractors, despite all the interventions to identify and eradicate the root of the problem, is a matter of great concern. In November 2000, the Construction Industry Development Board Act (2000) was promulgated which led to the inception of the cidb with a mandate to implement an integrated strategy for the reconstruction, growth and development of the construction industry. The matter of contractor development has been widely studied and investigated since the inception of the cidb in 2000. However, the purpose of this study was to focus on the business problems faced by Grade 5 to 7 CE / GB Potential Emerging Contractors, with regard to construction organisations that make the move from small to medium businesses. The intention was to contribute to the successful transition from small to medium businesses by means of structured initiatives. In order to achieve this, a new business strategy must be adopted. It was therefore necessary to extensively consider the surface and core competencies required for making the transition. Liquidity problems that the transition entails were explored, as well as contractor misconceptions with regard to contractor development. In the course of the study, unethical practices and entitlement issues experienced in the built environment and the effect of this on contractor success were explored. The study aimed to recommend a structured framework for co-ordination between assistance, mentorship, contractor needs, client departments, cidb NCDP best practice guidelines and the most important of all, self-empowerment. This study further endeavoured to find possible solutions regarding the assistance requirements, as well as self-empowering objectives for emerging contractors taking the challenging step from small to medium business and by implication, becoming sustainable contractor enterprises in Grades 6 to 8. Political imperatives need to be weighed against the high unemployment rate. The Gross Fixed Capital Formation (GFCF) indicates that there are not enough sustainable contracting opportunities to allocate to Contractor Development Programmes (CDPs). This is aggravated by the tendency that too many hopeful aspirant entrepreneurs, lacking construction surface and core competencies, are seeing the built environment as an easy industry to enter. Just less than 50% of cidb registered contractors exited the register of active contractors during the last ten years ending 2nd quarter 2015. 45% exited during the last five years. This indicates that there is a serious sustainability problem in the built environment. Considering the GFCF contractor opportunities there are too many cidb registered contractors. However, enterprise failure is not only an Emerging Contractor (EC) problem, but occurs across the board. A dangerous notion that the large national construction firms should no longer qualify for public contracts can have disastrous implications for an already embattled industry. Large national firms are the trend setters in the built environment, which coach the much needed construction surface and core competencies. If upgrading is the measure of success the current CDP statistics do not confirm that the strategic objectives of the National Contractor Development Programme (NCDP) are being achieved. All contractors, including black owned contractors, are faring substantially better than their EC counterparts participating in CDPs. Upgrading should carry less weight and sustainability and high performance should become the focus. A serious lack of construction surface and core competencies was identified. If contractor development is the objective the structure of the cidb grading system should be reviewed. It is recommended that the broad CDP hierarchical structure should streamlined and partly privatised to focus on the core strategic objective of contractor development.
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Formai, Sara. "Heterogeneous firms, international trade and institutions." Doctoral thesis, Handelshögskolan i Stockholm, Institutionen för Nationalekonomi, 2012. http://urn.kb.se/resolve?urn=urn:nbn:se:hhs:diva-1593.
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This thesis consists of three independent papers, ordered chronologically with respect to when they were initiated. Empirical research has established that there are large and persistent productivity differences among firms in narrowly defined industries (Bartelsman and Doms, 2000). Other studies, in particular Bernard and Jensen (1999), have shown the existence of a causal link running from ex-ante firm productivity to export decisions. Furthermore, exposure to trade has been found to enhance growth opportunities only for some firms, reallocating market shares and resources toward the more productive ones and contributing thus to aggregate productivity growth (Clerides, Lach and Tybout, 1998; Bernard and Jensen, 2004). These findings have led to the development of new theoretical models emphasizing the interaction between firm heterogeneity and fixed market entry costs in generating international trade and inducing aggregate productivity growth. The first and third chapters of this thesis extend the framework developed by Melitz (2003) to analyze the implications of firm heterogeneity for old and new issues in international trade. The first paper studies the effect of trade liberalization between countries that differ in their relative endowment of skilled workers when growth-promoting R&D activities are skill intensive with respect to goods production. In particular, the analysis focuses on the changes that falling trade costs induce on consumer welfare and on the number of firms active in the different markets. The third paper uses the heterogeneous firm framework to study the interaction between financial constraints and the market entry behavior of firms. It also analyzes whether the impact of trade liberalization on average firm productivity and on individual welfare is affected by the presence of credit frictions. The second chapter presents an empirical work that contributes to the recent but fast growing literature that studies how different institutions and their level of development affect countries comparative advantage. The analysis presented in this paper focuses on the role of legal and financial institution in driving the specialization in contract-intensive goods and on how the degree of institutional development interacts with the propensity of firms to vertical integrate with their suppliers.Diss. Stockholm : Handelshögskolan i Stockholm, 2011
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Zhang, Ren. "Three essays examining price movements of futures contracts traded in China." Thesis, Queen's University Belfast, 2012. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.580136.
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This thesis focuses on price movements of the futures contracts traded in China's futures market. Particularly, it investigates the distributional characteristics of futures returns, analyzes the causes of volatility and the effects of structural changes on price evolution, as well as the interplay between volatility and futures trading activity. The investigation is implemented in three essays. In the first essay, the stable Paretian model is employed to examine the properties of the futures series. For estimating the parameters in the stable Paretian model, the stability under additions test developed by McCulloch (1986) is adopted. As a refinement, the GARCH-M model is used to filter the anomalies which cause volatility in the raw returns. The robustness of the filtering process can be examined by testing the rescaled returns. In the second essay, the effect of historical events is analyzed by estimating multiple structural breaks in two MDH regressions for operational time. The structural breaks are estimated by computing the global minimisers of the sum of squared residuals (RSS) with the sequential process. The number of break points is selected based on the Bayesian Information Criterion (BIC). The third essay investigates the interactional relationship between price volatility and futures trading activity. The futures trading activity is decomposed into expected and unexpected elements which represent speculators' trading behavior and hedgers' trading behavior, The GMM model is used to examine the contemporaneous relationship between volatility and "entire-market" trading activity, as well as the interdependence between volatility and speculators' and hedgers' activity. The Granger causality test is employed to discover the direction of the causation between variables.
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Murray, Gregor. "Trade unions and incomes policies : British unions and the social contract in the 1970s." Thesis, University of Warwick, 1985. http://wrap.warwick.ac.uk/39312/.
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This is an investigation of the trade union role in the Social Contract incomes policies in Britain during the 1970s. In the context of the general political economy of the period, the study looks at the development in the early 1970s of an accord between the Trades Union Congress (TUC) and the Labour Party known as the Social Contract, examines the trade union participation in the series of voluntary incomes policies that followed the election of the Labour Government in 1974, and charts the development or opposition to such participation oulminating in the collapse of the policy in the winter of 1978-1979 and the subsequent defeat of the Labour Government in the 1979 general election. More specifically, the study focuses on the experience of six individual unions within the context of TUC policy-making: the articulations between their approaches to incomes policy and their collective bargaining policies, the anatomy of their responses and policies towards the various phases of the Social Contract, the mobilization of consent and/or opposition to TUe and Government policy in each union, and the limits placed on relative union leadership discretion to participate in TUC policy-making by the political and industrial processes and organizational structure of each union. The research has involved a variety of sources and methods. First, there has been an attempt to draw on and link the diverse areas of the industrial relations literature which are concerned with the relationship between trade Unions and incomes policies. These include the separate literatures on incomes policy, on the link between trade unions and the Labour Party and Labour governments, on trade union government and the sociology of trade union organizations, and on the debate over 'corporatist' types of arrangements between trade unions and the state. Secondly, the research has involved the use of a wide range of primary and secondary trade union and political documentary sources on this period of history through the 1970s. Finally, the detailed case studies of the six sample unions have involved both primary documentary materials and extensive interviewing. Thus, the materials collected for the study constitute a unique source on different approaches to the 1970s pay policies, on their industrial impact and the political processes that they engendered within individual unions, and on the broader relations between British trade unions and the state during this period. The theoretical contribution of the study is primarily exploratory in nature. It identifies the constraints to which national union leaderships are· subject when they engage or attempt to engage in macro-economic and political exchanges with the state. Such constraints are explored in an examination of the upwards and downwards mediations that occur within trade unions as illustrated by the variations within and between trade unions in the mobilization of consent and opposition to the Social Contract incomes policies. This analysis informs debates about the limits and/or viability of other corporatist or 'Social Contract' types of arrangements. It also investigates the organizational implications of voluntary incomes policies and compares the internal political processes and industrial practices of British trade unions: at the level of the TUC as a whole, within individual affiliates and, in partiCUlar, in the articulations between TUC and individual union policy-making and bargaining behaviour.
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Butler, Luke R. A. "Public contract law as a barrier to, and instrument for, Transatlantic defence trade liberalization." Thesis, University of Birmingham, 2014. http://etheses.bham.ac.uk//id/eprint/4993/.
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The European Union recently adopted a Defence Procurement Directive. Designed to regulate an internal market for defence material, the development is highly controversial. For many years, the U.S. has received privileged access to the national defence markets of the Member States. A lack of competition has resulted in stagnated markets with decreased increased possibilities of dependence on the U.S. In respective to the Directive, U.S. commentators have identified the possibility for its provisions to discriminate against U.S. contractors. This forces a fundamental assessment of the role of legal institutions which regulate transatlantic defence trade. This thesis aims to subject the EU and U.S. defence procurement regimes to critical description and analysis.
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Lundin, Jesper. "The Gravity of Liberation : An analysis of Hong Kong's trade flows." Thesis, Södertörns högskola, Institutionen för samhällsvetenskaper, 2016. http://urn.kb.se/resolve?urn=urn:nbn:se:sh:diva-30331.
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June 1 1997. After 155 years under British rule, Hong Kong was reunited with its ancient roots, China. The administrative power shifted. What happened then? In this paper we analyze how Hong Kong’s trade flows changed after the liberation. We conduct our analysis with main focus on the trade predicting factors of Gravity, Institutional quality and Hong Kong’s relationship to China. We have found that trade flows did not significantly change much, however, Hong Kong’s attitude towards its trade partners’ institutional quality seem to have. Further, Hong Kong seem to have embraced the reunification with China and is now more dependent of its new ruler, in terms of trade, than before.
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Schropp, Simon A. B. "Trade policy flexibility and enforcement in the WTO reform agenda towards an efficient "breach" contract /." kostenfrei, 2008. http://www.unisg.ch/www/edis.nsf/wwwDisplayIdentifier/3435.
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Ludwig, Marcos de Campos. "Dealing with power in contract : a proposal of criteria for controlling the exercise of discretionary powers in franchising." Thesis, McGill University, 2006. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=101821.
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The granting of a range of discretionary powers to the franchisor shows the hierarchical face, besides the market or contractual face, of franchising and similar networks. Dealing with power-related contractual problems within these arrangements is particularly challenging, since they occupy a little explored niche in legal reasoning. In this thesis, I develop an interdisciplinary inquiry on the network concept to assess to which extent it reveals the rationalities underlying the granting of such powers. I study the typical contract law categories of control of the exercise of individual prerogatives available both in civil law and in common law tradition. I discuss to which extent those categories are capable of controlling the exercise of discretionary powers in franchise disputes. I finally turn to public law reasoning on control of power and propose a prudent transplant of some elements of this reasoning into contract law discourse.
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Vemuri, Avinash. "Dissecting Sino-African Economic Relations." Scholarship @ Claremont, 2019. https://scholarship.claremont.edu/cmc_theses/2108.
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In the last 15 years, China has greatly expanded their economic integration with Africa through a multi-dimensional approach. This paper utilizes a fixed effects approach to formally assess the impact of Chinese trade, foreign direct investment, loans, construction and engineering contracts, and labor in Africa on economic growth and human development in 50 African countries. This paper combines data from the World Bank World Development Indicators (WDI), China-Africa Research Initiative (CARI) at John’s Hopkins University, and the UN Human Development Report (HDI) covering the years 2003 to 2017. This study finds that during this period, contracts and foreign direct investment stock positively impact GDP per capita and Human Development Index, and bilateral trade positively impacts Human Development Index.
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Ruiters, Jesse-Scott Ranier. "The impediment of non-conformity of goods, as an excuse under Article 79 of the United Nations Convention on contracts for the international sale of goods (CISG)." Master's thesis, University of Cape Town, 2015. http://hdl.handle.net/11427/16868.
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Includes bibliographical referencesThe focal area of research is to ascertain, if whether the delivery of non-conforming goods, may or may not exist as an excusable impediment under Article 79 of the CISG? To determine this I have taken a different approach, than that, of the more conventional approach of critiquing the prevailing arguments. Essentially by analyzing the commentary of the relevant Advisory Council Members as well as other major contributors to the debate, of which one argument finds its basis on legislative intent of the negotiating parties (Travaux preparatoires) and the other being ascertained on a purely textual interpretation of Article 79. In order to reach a more precise conclusion, the author of this dissertation has funneled these two arguments through the different interpretative methods of treaties to discern which of the two arguments should be regarded as the more appropriate choice, which should be adopted. The existing question therefore would be, should we find a definitive conclusion with the fact that negotiators to the Sales Convention have decided that the delivery of non-conforming goods should not be excused under Article 79? Or should we side with a purely textual approach? Based on the phrase 'failure to perform any of his obligation', the words "any" and "obligation" would consequently include the obligation of the seller to meet the level of conformity as expressed under the contract according to Article 35 of the CISG.
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Chen, Shaoling. "Incomplete contracts and corporate governance : theory and evidence : case studies on Chinese banking and U.S. franchising /." View abstract or full-text, 2007. http://library.ust.hk/cgi/db/thesis.pl?ECON%202007%20CHEN.
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Seitz, Michael [Verfasser], and Dalia [Akademischer Betreuer] Marin. "Incomplete Contracts, Financial Frictions and Trade : Firms and Consumers in a Global Economy / Michael Seitz. Betreuer: Dalia Marin." München : Universitätsbibliothek der Ludwig-Maximilians-Universität, 2011. http://d-nb.info/1018163816/34.
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Adolfsson, Maja, and Anneli Lundmark. "FIXED-TERM CONTRACTS, TRADE UNION REPRESENTATION AND EMPLOYER-PAID TRAINING : A Comparative Multilevel Analysis Across 35 European Countries." Thesis, Umeå universitet, Sociologiska institutionen, 2019. http://urn.kb.se/resolve?urn=urn:nbn:se:umu:diva-163117.
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This thesis examines the moderating role of trade union representation in addressing the gap in employer-provided training between permanent workers and workers with fixed-term contracts (FTCs) from a cross-country, comparative perspective. The impact of trade union representation is measured on two different levels: (1) access to trade union representation at the workplace at the individual-level (2) average trade union representation at the country-level, measured as trade union power. The statistical analyses are performed using data from the 2015 European Working Conditions Survey (EWCS) and multilevel modelling. Our result suggests that, across the European countries, workers with FTCs receive less employer-paid training than permanent workers. Regarding the impact of trade union representation, statistically significant result is found only at the individual-level, where access to trade union representation increases employer-paid training regardless of employment contract. For the interaction between access to trade union representation at the individual-level and FTC, no significant relationship is found. However, the models with the cross-level interaction between trade union power and FTC indicate that employer-paid training increases for permanent workers only. Our findings suggest that trade union representation at the workplace could operate as an equalizer between permanent workers and FTC workers, while at the country-level, their lobbying effect is beneficial for permanent workers only
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Rowsell, John. "Comparative analysis of cash margin hedging strategies with commodity futures contracts and options." Thesis, Virginia Tech, 1987. http://hdl.handle.net/10919/45914.
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The performance of futures contracts and commodity options as hedging instruments were compared in a cash margin hedging framework for a 150 sow farrow to finish hog operation in southeastern Virginia. The expected cash margin (ECM) using corn soybean meal and hog futures were calculated daily from 1975 through 1982. The performance of options and futures were compared in 530 strategies that ranged from starit routine fixed margin hedging to strategies based on forecasted variable margins.
Master of Science
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Teyssier, Perrine. "Mécanismes d'adressage et de rétention de la triadine à la triade au sein du muscle squelettique." Thesis, Université Grenoble Alpes (ComUE), 2019. http://www.theses.fr/2019GREAV047.
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Le muscle squelettique est un tissu complexe constitué de nombreuses cellules musculaires. Lorsqu’un motoneurone en contact avec ces cellules, émet un potentiel d’action, celui-ci se propage le long de la membrane plasmique où il permet l’activation du complexe de relâchement du calcium (CRC), la sortie massive de calcium des citernes terminales du réticulum sarcoplasmique (RS) dans le cytosol, et ainsi la contraction musculaire. Ce mécanisme, appelé couplage excitation-contraction, requière un site de contact spécifique entre la membrane plasmique et le RS, appelé triade. Cette dernière est composée d’une invagination de la membrane plasmique, le tubule-t, flanquée de deux citernes terminales du RS. Au sein des triades, le CRC est centré autour de deux canaux calciques, le récepteur des Dihydropyridines (DHPR) et le récepteur de la Ryanodine (RyR1), très précisément localisés face à face dans leurs membranes respectives : la membrane du tubule-t et la membrane du RS. Ainsi, quand la membrane est dépolarisée, le DHPR subit un changement de conformation permettant l’ouverture du canal RyR1 et la sortie du calcium. Le CRC contient également d’autres protéines précisément localisées à la triade comme la calséquestrine ou la triadine, ayant des rôles clés pour moduler la libération du calcium. L’initiation de la contraction dépend ainsi du contact précis entre la membrane du RS et la membrane du tubule-t et également de la localisation exclusive des protéines du CRC au sein de la triade. Néanmoins, les mécanismes sous-jacents à l’organisation précise des protéines du CRC à la triade, restent inconnus.Durant cette thèse, nous nous sommes focalisés sur la triadine protéine du CRC qui servirait d’ancre aux autres protéines du CRC grâce à ses différentes interactions. Nous avons étudié les mécanismes de trafic et de rétention de la triadine au cours de la différenciation musculaire. Pour ce faire, la dynamique de la triadine a été explorée par des techniques de microscopie et en réintroduisant, grâce à des lentivirus, des chimères fluorescentes de triadine au sein de cellules musculaires différenciées.Dans un premier temps l’étude de l’adressage et de la rétention des protéines du CRC à la triade a révélé que la triadine emprunterait une voie vésiculaire pour sortir du reticulum et atteindre les triades. Cette voie de trafic vésiculaire utiliserait le cytosquelette de microtubules et notamment les moteurs moléculaires et pourrait être une voie spécifique au muscle squelettique. Dans un deuxième temps et dans des étapes plus tardives de la différenciation, la triadine diffuserait dans les membranes du RS suivie de son accumulation aux triades. Les deux mécanismes, diffusion et trafic vésiculaire, pourraient cependant coexister dans une cellule musculaire. Dans tous les cas, une fois la triade atteinte, la triadine y serait retenue grâce à son domaine transmembranaire. Durant ma thèse, j’ai également eu l’opportunité de prendre part à un projet portant sur l’implication de la protéine MAP6 dans la fonction musculaire. Ce projet a permis de montrer que MAP6 est bien présente dans le muscle squelettique et que son absence donne lieu à une faiblesse musculaire due en partie à une diminution des relâchements calciques, ainsi qu’à une altération du réseau de microtubules et de l’organisation du RSSkeletal muscle is a complex tissue made up of many muscle cells. When a motor neuron in contact with muscle cells, emits an action potential, it propagates along the plasma membrane where it allows the activation of the calcium release complex (CRC), the massive calcium release of terminal cisternae of the sarcoplasmic reticulum (SR) in the cytosol, and thus muscle contraction. This mechanism, called excitation-contraction coupling, requires a specific site of contact between the plasma membrane and the RS, called the triad. More precisely, a triad is composed of an invagination of the plasma membrane, the T-tubule, flanked by two terminal cisternae of the SR. At the triads, the CRC is centered on two calcium channels, the Dihydropyridine Receptor (DHPR) and the Ryanodine Receptor (RyR1), very precisely located face to face in their respective membranes: the T-tubule membrane and the membrane of the SR. Thus, when the membrane is depolarized, the DHPR undergoes a conformational change allowing the opening of RyR1 channel and the release of the calcium. CRC also contains other triad-specific proteins such as calsequestrin or triadin, which have key roles in modulating calcium release. Initiation of contraction thus depends on the precise contact between the SR membranes and the T-tubule membranes and also the exclusive localization of the CRC proteins at the triads. Nevertheless, the mechanisms underlying the precise organization of CRC proteins to the triad remain unknown.During this work, we focused on triadin, a CRC protein that would anchor other CRC proteins through the different interactions it has with RyR1, with calsequestrin and also with microtubules. We studied the mechanisms of trafficking and retention of triadin during muscle differentiation. To do this, the dynamics of triadin was explored by microscopy techniques and by reintroducing, using lentivirus, fluorescent triadin chimeras into differentiated muscle cells.Firstly, the study of CRC proteins targeting and retention in the triad revealed that triadin would take a vesicular pathway to exit the reticulum and reach the triads. This vesicular trafficking pathway would use the microtubule cytoskeleton and in particular the molecular motors and could be a pathway specific to skeletal muscle. In a second step and in later stages of differentiation, triadin would diffuse into SR membranes followed by its accumulation at the triads. Both mechanisms, diffusion and vesicular trafficking, could, however, coexist in a muscle cell. In all cases, once the triad is reached, triadin would be retained thanks to its transmembrane domain. Moreover, I also had the opportunity to take part in a project on the involvement of the MAP6 protein in muscle function. This project has shown that MAP6 is present in skeletal muscle and that its absence leads to muscle weakness associated with a decrease in calcium releases, as well as an impairment of the microtubule network and the organization of SR
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Desgagné, Richard. "La participation des états au commerce international : les contrats gouvernementaux en droit comparé et en droit international." Thesis, McGill University, 1991. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=60704.
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The study is about the activities of public entities in international trade, more precisely, about international government procurement. The law of government contracts, in international and municipal law, seeks to balance the stability of contractual relations between the parties and the mutability of the contract which flows from a recognition of the primacy of the public interest. The precise balance struck varies from one legal system to another. Part One of the work looks, firstly, at the recognition, immunities and capacity of public entities in international commercial transactions. Secondly, it treats the conflict of laws rules applicable before national and arbitral jurisdictions. Thirdly, it explores the various possibilities of applicable law, namely the law of the contracting State, the lex mercatoria and public international law. Part Two examines, from a comparative perspective, the notions of "public body", "public contract" and "contrat administratif" in Ameircan, English and French law. The third part explores two main themes. Firstly, the process of procurement in national law, European law, and under the Agreement on Government Procurement; and secondly, the question of the stability of the contractual obligations which can be disturbed by unilateral interventions of the contracting public entity and by external supervening events.
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Schwaab, Jean Christophe. "Wettbewerbsbeschränkende Know-how-Lizenzverträge /." Bern : Stämpfli, 2009. http://deposit.d-nb.de/cgi-bin/dokserv?id=3366412&prov=M&dok_var=1&dok_ext=htm.
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Coetzee, Juana. "INCOTERMS as a form of standardisation in international sales law : an analysis of the interplay between mercantile custom and substantive sales law with specific reference to the passing of risk." Thesis, Stellenbosch : University of Stellenbosch, 2010. http://hdl.handle.net/10019.1/5222.
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Thesis (LLD (Mercantile Law))--University of Stellenbosch, 2010.ENGLISH ABSTRACT: International sales contracts have very specific needs that stem from the multiplicity of legal systems which apply to such contracts. In addition to harmonised law, mercantile custom is able to address many of these needs. Mercantile custom represents usages which are clear, certain and efficient and are expected to be known and applied by merchants in a particular trade or region. To this extent mercantile custom fulfils an automatic harmonisation function. However, where a custom does not enjoy uniform application across all branches of trade, the harmonisation function of mercantile custom is limited, as is the case with trade terms. Trade terms reflect mercantile customs and usages which developed over a long time in order to simplify the trade in goods that are transported from one place to the other. They regulate the delivery obligations of the seller and buyer as well as associated obligations such as the passing of risk. Trade terms negate the need for elaborate contract clauses and appear in abbreviated form in contracts of sale. Although they provide a uniform expression of mercantile custom in a particular location or trade, the understanding of trade terms tend to differ from country to country, region to region or from one branch of trade to the next. The ICC INCOTERMS is an effort to standardise trade term definitions at the hand of the most consistent mercantile customs and practices. The aim of this study is to investigate the efficiency of INCOTERMS as a form of standardisation in international sales law. For purposes of the investigation the focus is limited to the passing of risk. Although national laws usually have a default risk regime in place, merchants still prefer to regulate risk by means of trade terms. This study will investigate the legal position in the case of FOB, CIF and DDU terms. An analysis of the risk regimes of a few selected national systems will show that each has their own understanding of these trade terms. The United Nations Convention on Contracts for the International Sale of Goods (CISG) does not refer to trade terms, but many commentators have concluded that the CISG risk rule is consistent with INCOTERMS. The study will discuss this in more detail. To determine the efficiency of INCOTERMS as a form of standardisation in international sales law, the study examines their characteristics, legal nature as well as their limited scope of regulation. Specific emphasis is placed on the interplay between the CISG and INCOTERMS and the possibility of some form of interaction and collaboration between the two instruments. It is concluded that collaboration between INCOTERMS and the CISG adds value to the international law of sales by increasing the efficiency of an international business transaction and thereby facilitating international trade.
AFRIKAANSE OPSOMMING: Internasionale koopkontrakte het spesifieke behoeftes wat voortspruit uit die veelvoudigheid van regstelsels van toepassing op so ‘n kontrak. Baie van hierdie behoeftes kan aangespreek word deur geharmoniseerde regsreëls in samehang met handelsgewoontes en –gebruike. Handelsgewoontes verteenwoordig duidelike, seker en effektiewe gebruike. Daar word dus van handelaars wat in ‘n bepaalde bedryf of streek handel dryf, verwag om van hierdie gebruike kennis te neem en hulle toe te pas. In hierdie konteks vervul handelsgebruike ‘n outomatiese harmoniseringsfunksie. Waar ‘n gebruik nie eenvormig toegepas word oor alle bedrywe heen nie, is die harmoniseringsfunksie van handelsgebruike egter beperk. Handelsterme bied ‘n tipiese voorbeeld hiervan. Handelsterme verteenwoordig bepaalde handelsgewoontes en –gebruike wat oor ‘n geruime tyd ontwikkel het ten einde handel in goedere wat van een plek na die ander vervoer word, te vergemaklik. Hulle reguleer die leweringsverpligtinge van die verkoper en koper asook ander verpligtinge wat met lewering verband hou, soos byvoorbeeld die oorgang van risiko. Handelsterme doen weg met lang en omslagtige kontraksbedinge aangesien hulle in die vorm van afkortings in die kontrak figureer. Alhoewel handelsterme ‘n uniforme uitdrukking van gebruike in ‘n bepaalde gebied of bedryf verteenwoordig, is dit egter so dat die inhoud van handelsterme van land tot land, streek tot streek of van een tipe bedryf tot die ander verskil. INCOTERMS is ‘n poging om die inhoud van handelsterme te standaardiseer aan die hand van die mees eenvormige handelsgewoontes en –gebruike. Die doel van hierdie studie is om die effektiwiteit van INCOTERMS as ‘n vorm van standaardisering in die internasionale koopreg te ondersoek. Vir doeleindes van die ondersoek word die fokus beperk tot die oorgang van risiko. Al het nasionale regstelsels gewoonlik ‘n verstek risiko-reël in plek, verkies handelaars steeds om risiko by wyse van handelsterme te reguleer. Die studie ondersoek die regsposisie in die geval van FOB-, CIF-, en DDU-terme. ‘n Analise van risiko-regulering in ‘n aantal nasionale sisteme toon dat elk hul eie betekenis heg aan die inhoud van hierdie terme. Alhoewel die Weense Koopkonvensie geensins na handelsterme verwys nie, voer verskeie kommentatore aan dat die Konvensie se risiko-bestel verenigbaar is met dié van INCOTERMS en sal hierdie aspek gevolglik in meer besonderhede in die studie aangespreek word. Ten einde die effektiwiteit van INCOTERMS te bepaal, word daar ondersoek ingestel na hulle kenmerke, regsaard en beperkte aanwendingsgebied. Spesiale klem word gelê op die wisselwerking tussen die Weense Koopkonvensie en INCOTERMS asook die moontlikheid van interaksie en samewerking tussen die twee instrumente. Die gevolgtrekking is dat interaksie tussen die Koopkonvensie en INCOTERMS waarde toevoeg tot die internasionale koopreg deur die effektiwiteit van die internasionale besigheidstransaksie te verhoog en gevolglik internasionale handel te bevorder.
Harry Crossley Fund
NRF Thuthuka Fund
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Burns, Casey C. "An analysis of protests of contracts awarded using the best value trade-off process from January 1998 through December 1999." Thesis, Monterey, Calif. : Springfield, Va. : Naval Postgraduate School ; Available from National Technical Information Service, 2000. http://handle.dtic.mil/100.2/ADA381215.
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Thesis (M.S. in Management) Naval Postgraduate School, June 2000.Thesis advisors: Smith, David J. ; Armstead, J. Holmes. "June 2000." Includes bibliographical references (p. 221-225). Also available in print.
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De, la Flor Puccinelli Nicolas. "Consolidation and suspension: procedural mechanisms for party arbitration and multiple contracts." THĒMIS-Revista de Derecho, 2018. http://repositorio.pucp.edu.pe/index/handle/123456789/123851.
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The commercial operations of the modern world are complex and often present a series of equally sophisticated disputes. The old contractual models and their remedies are not sufficient to cover the current dynamics, this is the case of related operations that require efficient tools for their solution.In this context, the author develops a series of techniques or mechanisms for the efficient and effective solution of the identified problems, consolidation and suspension. It proposes that these mechanisms respond to the contractual mechanics of the current trade, which involves a series of intricate and related relationships, grouping in a single process the solution of the controversy.Likewise, the advantages and elements required by these mechanisms to operate will be analyzed.Las operaciones comerciales del mundo moderno son complejas y presentan, muchas veces, una serie de controversias igualmente sofisticadas. Los viejos modelos contractuales y sus remedios no son suficientes para abarcar la dinámica actual, este es el caso de operaciones conexas que requieren herramientas eficientes para su solución.En ese contexto, el autor desarrolla una serie de técnicas o mecanismos para la solución eficiente y eficaz de las problemáticas señaladas, la consolidación y suspensión. Propone que dichos mecanismos respondan a la mecánica contractual del comercio actual, la que implica una serie de relaciones intrincadas y conexas, agrupando en un solo proceso la solución de la controversia. Asimismo, se analizarán las ventajas y elementos que requieren dichos mecanismos para operar.
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Vasbender, Iris. "Das europäische Konzept der Nebenabreden im europäischen und deutschen Kartellrecht : eine rechtsübergreifende Gesamtdarstellung anhand von Wettbewerbsverboten zu Unternehmenskaufverträgen /." Frankfurt am Main ; New York : Lang, 2006. http://bvbr.bib-bvb.de:8991/F?func=service&doc_library=BVB01&doc_number=014880298&line_number=0001&func_code=DB_RECORDS&service_type=MEDIA.
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Nyika, Erasmo. "Stabilization of petroleum fiscal regime in relation to production sharing agreements in Tanzania : challenges and prospects." Thesis, University of Aberdeen, 2017. http://digitool.abdn.ac.uk:80/webclient/DeliveryManager?pid=237077.
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This study argues for the need to ensure that host countries derive appropriate benefits from natural resources exploited within their territories. In this regard, the most important return from petroleum extraction, is from the fiscal take. Taxation of the extractive sector is thus a major revenue source. The host country interest from the extractive activities is in parallel to the interest of investor countries to share in the revenues derived from investments in the extractives sector by entities from those countries. Further, the capital exporting countries assert interest in protecting the investors from the risks associate with foreign investments, particularly in developing host countries. Historically, International Oil Companies enjoyed an upper hand in negotiating investment protection and stability terms as a result of information asymmetries. Many agreements concluded between the investor entities with developing host countries have been askew and overly favourable to the investor to the extent of endearing unconscionability. This study reveals that Tanzania's existing Production Sharing Agreements contain fiscal terms which do not allocate an appropriate share of financial benefits to the host country. It also reveals that arrangements to protect and provide investment stability have employed terms which are inimical to the economic and social well-being of the Peoples of Tanzania, for example through the excessive and wasteful grant of tax concessions. It was observed that Tanzania has offered fiscal terms to IOCs that do not allow the country to enjoy appropriate benefits from the exploitation of its natural resources. This project, therefore, establishes the effect of stabilisation terms as embedded in the Tanzanian fiscal regime, what redress measures should be sought to correct the imbalance and inequitableness engraved in the abusive use of stabilization arrangements through the PSAs.
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Lundgren, Lisa. "The United Nation's Convention on Contracts for the International Sale of Goods : Why is it being excluded from International Sales Contracts?" Thesis, Internationella Handelshögskolan, Högskolan i Jönköping, IHH, Rättsvetenskap, 2014. http://urn.kb.se/resolve?urn=urn:nbn:se:hj:diva-23882.
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The development of the United Nation’s Convention on Contracts for the International Sale of Goods (CISG) started at the beginning of the 20th century in order to provide a uniform legal regime for international sales contracts. The development started because of a belief that a uniform international sales convention would contribute certainty in commercial trade and decrease transaction costs for the contracting parties. The Convention was signed in Vienna 1980 and came into force in 1988 after securing the necessary number of ratifications. The CISG is automatically applied to international sale contracts in certain given situations but the contracting parties are free to exclude the Convention as applicable law in favour of another regulation. As of today, more than 25 years after the CISG came into force, the Convention is commonly being excluded as the governing law of international sales contracts. By studying surveys and academic writings, certain factors can be derived as reasons prior to an exclusion of the CISG. The factors can be referred to as unfamiliarity, time and costs, negotiation strength and standard form contracts or standard terms. Regarding unfamiliarity, the importance given to the Convention in law faculties within the signatory states, together with time and costs attributed to a familiarization process, seems to play an important role. Moreover, the Convention is associated with problems regarding a non-uniform interpretation of the Convention’s provisions within the national courts and arbitral tribunals, as well as regarding its incompleteness, meaning that there are gaps that need to be filled by national law. These problems affect the Convention’s ability to provide potential users with legal certainty and predictability, which in turn may affect the familiarity with the Convention and hence have an impact on an exclusion of the CISG.
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Bailey, Peter John. "Organisational commitment in the automotive industry : a comparative study of employment contracts." Thesis, Nelson Mandela Metropolitan University, 2013. http://hdl.handle.net/10948/d1014664.
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Organisations face many obstacles in maintaining high quality standards and enhancing their competitive positions. It is not just the external factors, such as market fluctuations, but also internal obstacles, that have an effect on the competitiveness of organisations. Most of the internal factors are the result of poor management practices such as insufficient employee development paths, lack of mentorship programmes or job insecurity which results in the poor performance and commitment levels of employees. However employees are more willing to provide efficient and effective practices if they are committed to the organisation. A committed workforce can be created through many practices. Some of these practices include, creating an environment where employees feel as though they are part of the organisation and that their actions directly influence the success of the organisation (Kingston 2007); building long lasting and fair relationships between staff and supervisors (Manetje 2009:50); providing partial organisational ownership for employees through employee share ownership schemes (Employee share ownership plan guidelines 2007:3); creating an organisation structure which binds employees and groups together and removes bureaucratic practices (Brooks 2009:190) and creating management styles that encourage employee involvement (Manetje 2009:51) Unfavourable conditions within the economy are not making it any easier for organisations to become more competitive. Organisations have had to downsize, restructure and transform in order to cut costs as the demands for goods and services slowed down. However, these practices have resulted in an insecure work environment for employees and have posed complex challenges for management. (Coetzee 2005). Employment contracts have therefore become popular tools for managing economic downturns. Organisations opt for more temporary staff so as to easily reduce headcount when costs need to be lowered. Employment contracts give organisations the advantage of flexibility which is a key area for success in turbulent business environments (Krausz, Bizman & Braslavsky 2001:302). Previous research on temporary contracts has revealed lower commitment levels of staff than other types of contracts such as permanent and fixed-term contracts (Guest 2004:12). Therefore, there needs to be a balance between various employment contracts; a balance which brings out the best in organisational performance. The different types of employment contracts are also important tools to use to enhance commitment within the organisation. For that reason, it is essential to understand the linkage between the types of contracts and organisational commitment and whether certain contracts result in higher levels of organisational commitment. The primary objective of the study is to identify factors which influence organisational commitment as well as to investigate whether organisational commitment and the different types of employment contracts can increase employee motivation and job involvement within the automotive industry environment. Given the primary objective of the study, a quantitative research paradigm was followed in testing the relevant hypotheses. A five-point Likert scale questionnaire was conducted to gather empirical data from the respondents employed within the automotive industry. The target population of the study was the employees within the automotive industry (Volkswagen of South Africa). A convenience sampling technique was used to distribute the questionnaires and the researcher made use of both manual hand-outs and an online system called the Survey Monkey to gather the data. The sample was restricted to 260 respondents. The main findings of this study revealed that the dimensions, workplace culture, job security, career development and personality were statistically significant and had a positive influence on organisational commitment. Workplace culture proved to be the most significant positive influence on organisational commitment. Thus, if an organisation adjusts this dimension to better suit the employees, the result could be an enhanced level of employee commitment. On the other hand, management style and mentoring were found to be the least important in influencing organisational commitment in the automotive industry. Furthermore, the results illustrated a significant positive relationship between organisational commitment and the dependent variables, employee motivation and job involvement. The study also identified the link between employment contracts and organisational commitment, job involvement and employee motivation. However, a statistically significant relationship only existed between employment contracts and job involvement. Thus the different types of contracts have an effect on the level of employee involvement within an organisation. The implications of the findings are that organisations within the automotive industry should focus on areas that have a substantially greater impact on organisational commitment. These areas include workplace culture, job security, personality and career development. Organisations thus need to find methods or processes which facilitate the development of these areas. In order for organisations to move from good to great, a workforce that is committed to the goals and objectives is required.
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Pettersson, Johan. "New concepts and techniques for quantification and trace analysis by gas chromatography." Doctoral thesis, KTH, Kemi, 2004. http://urn.kb.se/resolve?urn=urn:nbn:se:kth:diva-44.
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In the first part of this thesis, strategies for avoiding systematic errors when quantifying the main components in mixtures of solvents has been developed (paper I). It is shown that variations in density caused by variations in sample composition and/or volume contraction need to be taken into account. In this way, quantification can be improved. The second part (paper II-V) describes a number of new methods for the analysis of organic trace components present in gaseous or aqueous samples, after an overview of the most commonly applied sample enrichment techniques has been given. For the enrichment of volatile trace compounds from gaseous samples, the concept of open tubular trapping has been further developed. A simplified procedure for preparing ultra-thick film, sorptive open tubular traps (OTTs) is described (paper III). The traps are coated with an irregular film of PDMS, and it is shown that the performance in terms of breakthrough volume is only marginally affected by the use of such traps. In paper IV, it is shown both experimentally and with a theoretical model that the enrichment capacity of OTTs can be significantly increased by increasing the inner diameter of the traps. A fully automated procedure for high-capacity sorption enrichment of trace organic analytes present in water is also reported (paper II). Time-based non-equilibrium extractions are feasible, enabling fast extractions that still allow sub-ppt limits of detection. The high flexibility of the automated system makes it possible to sample from process streams or off-line sources. Finally, the development of a new 2-dimensional precolumn-backflush method for the analysis of polar volatile trace analytes in water is described (paper V). This concept is based on the action of a hygroscopic salt which has a strong affinity for water, in a precolumn. Organic trace compounds, such as volatile alcohols or ketones show little retention on the precolumn and are eluted ahead of the bulk amount of the water onto a capillary column for subsequent high resolution separation. The residual water is removed from the system by backflushing the precolumn. The procedure allows the direct injection of aqueous sample volumes of at least 100 µl, and the pre-fractionation is accomplished within only a few minutes. Quantification limits for selected polar trace components were in the low ppb-region.
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Sirchia, Gabriella Daniela. "An analysis of the fairness and constitutionality of restraint of trade covenants in employments contracts and their effects in the market place." Diss., University of Pretoria, 2017. http://hdl.handle.net/2263/65727.
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Grützner, Thomas. "Die Sanktionierung von Submissionsabsprachen : eine Untersuchung der bestehenden Möglichkeiten einer Bekämpfung von Submissionsabsprachen unter besonderer Berücksichtigung des 298 StGB /." Frankfurt am Main [u.a.] : Lang, 2003. http://www.gbv.de/dms/spk/sbb/recht/toc/371111366.pdf.
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Azevedo, Beatriz Libano Bastos. "O Negócio dos Contratos: Contratadores de escravos na primeira metade do século XVIII." Universidade de São Paulo, 2014. http://www.teses.usp.br/teses/disponiveis/8/8137/tde-21102014-150331/.
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Este trabalho busca compreender o negócio dos contratos num período de expansão da economia colonial, marcado pelo início da mineração. Em um momento marcado por grandes transformações, percebemos que a já utilizada prática dos contratos se configura mais uma vez enquanto uma relação bilateral, mas que buscam objetivos diferentes: Enquanto para Coroa portuguesa os contratos são uma forma de arrecadar seus tributos e explorar seus monopólios sem participar diretamente dos riscos e investimentos inerentes a essas atividades, para os homens de negócio aparece como uma estratégia de se aproveitar dos monopólios e direitos da metrópole e, assim, aumentar seus cabedais, mesmo enfrentando riscos e descaminhos. Esses interesses, mesmo que diferentes, se confluem para manter e alimentar o sistema colonial. Nessa perspectiva, por ser o tráfico de escravos um dos principais âmbitos da colonização, escolhemos o contrato dos direitos dos escravos que vem da Costa da Mina e Cabo Verde como instrumento de análise da atuação desses negociantesThis study seeks to understand the negotiation of contracts in a period of colonial economic expansion, marked by the beginning of mining. At a time of great transformations, we realize that the already used practice of contracts configure itself once more as a bilateral relationship, but pursue different goals: while for the Portuguese crown contracts are a way to collect their taxes and exploit their monopolies without participating directly of the risks and investments inherent in these activities, for the businessmen it appears as a strategy to take advantage of monopolies and rights of the metropolis, and thus increase its uppers while facing risks. These interests, even if different, converge to: maintain and feed the colonial system. In this perspective, for being the slave trade one of the main aspects of colonization, we choose the contract for the rights of slaves coming from Costa da Mina and Cabo Verde as an instrument for analyzing the activity of these traders
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Matinyenya, Patience. "South frica’s non-ratification of the United Nations convention on Contracts for the International Sale of Goods (CISG), wisdom or folly, considering the effect of the status quo on international trade." University of the Western Cape, 2011. http://hdl.handle.net/11394/2926.
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Magister Legum - LLMThe United Nations Convention on Contracts for the International Sale of Goods 1980 (CISG) seeks to provide a standard uniform law for international sales contracts. This research paper analyses the rationale behind South Africa’s delay in deciding whether to ratify the CISG, and its possible effect on trade with other nations. The CISG drafters hoped that uniformity would remove barriers to international sales thereby facilitating international trade. Ratification of the convention is only the beginning of uniformity; uniformity must then be extended to its application and interpretation. Not all countries have ratified the Convention yet they engage in international trade in goods: this state of affairs presents challenges since traders have to choose a national law that applies to their contract where CISG does not apply. This takes traders back to the undesirable pre-CISG era. On the other hand, those States that have ratified the convention face different challenges, the biggest one being a lack of uniformity in its interpretation. The problem of differing interpretations arises because some CISG Articles are vague leading to varied interpretations by national courts. Further, the CISG is still largely misunderstood and some traders from States that have ratified CISG exclude it from application. South Africa can only ratify an international instrument such as the CISG, after it has been tabled before Parliament, and debated upon in accordance with the Constitution. CISG’s shortcomings, particularly regarding interpretation, make it far from certain that CISG would pass the rigorous legislative process. Nonetheless, the Constitution of South Africa requires the South African courts and legislature to promote principles of international law. The paper, therefore, examines, whether the Legislature has a constitutional obligation to ratify CISG. South Africa’s membership of the WTO requires that it promote international trade by removing trade barriers. It is, therefore, vital for South Africa to be seen to be actively facilitating international trade. Even though the trade benefits which flow from ratification are not always visible in States that have ratified the CISG, there is some doubt whether South Africa can sustain its trade relations without ratifying the CISG. The paper shows that the formation of contracts under the South African common law is very similar to formation as set out under Part II of the CISG and if the CISG were to be adopted in South Africa, no major changes would be needed in this regard. International commercial principles as an alternative to the CISG still require a domestic law to govern the contract and would, therefore, leave South African traders in the same position they are in currently, where their trading relations are often governed by foreign laws. Ratifying CISG would certainly simplify contract negotiations particularly with regard to governing law provisions. Overall the advantages of ratification for South Africa far outweigh the shortcomings of the CISG, and ratification will assist in ensuring that South African traders get an opportunity to enter the international trade arena on an equal platform with traders from other nations.
South Africa
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Malek, Roksana Janina. "Electronic Commerce in international trade law - especially under the UN COnvention on the use of electronic communications in international contracts 2006 and under the UN Convention on Contracts for the International Sale of Goods 1980." Master's thesis, University of Cape Town, 2014. http://hdl.handle.net/11427/4661.
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