Debating the History of Franco-German Reconciliation with Third-Party Countries: A Review

Author(s):  
Corine Defrance
Keyword(s):  
2019 ◽  
Vol 4 (1) ◽  
pp. 66-78
Author(s):  
Lindsay Bartkowski

Scholarly and journalistic investigations of content moderation have thoroughly documented its emotional impact on workers, but have yet to analyze moderation as care labor. Out of sight from U.S. and European consumers, content moderators are hired by third-party outsourcing firms primarily in the Philippines or India to remove offensive or violent content from internet platforms in order to preserve their profitability and users’ emotional well-being. Situating content moderation in the long history of domestic labor relations in the U.S., which were designed to support the expansion of imperial power, this essay proposes new ways of understanding the relationship between affective labor and the procedures of empire.


Author(s):  
Chester Brown

This chapter gives a short introduction to the history of international dispute settlement by third-party adjudication. It notes that there is a gap in the existing literature, being an examination of procedure and remedies before different international courts, and an answer to the question of whether the same procedural rules obtain, and the same remedies are available, before different international judicial bodies. It presents the book's central thesis — that international courts often adopt common approaches to questions of procedure and remedies, which leads to increasing commonality in the case law of international courts. It then explains that the term ‘common law of international adjudication’ refers to the emergence of an increasingly homogeneous body of rules applied by international courts and tribunals relating to procedure and remedies. It then defines the terms ‘procedure’ and ‘remedies’. It also covers certain selected aspects of international adjudication, and reviews the jurisprudence of certain selected international courts and tribunals.


Author(s):  
John Baker

This chapter explores some lines of development in contract law after 1600. First there were questions flowing from the decision in Slade’s Case – the pleading formulae known as the ‘common counts’ in indebitatus assumpsit were quickly settled and the perjury problems after the disuse of wager of law were dealt with in the Statute of Frauds 1677. Attempts to rationalize consideration in the eighteenth century were unsuccessful save that it became distinct from the requirement of an intention to be bound. The chapter traces the history of privity of contract and of the various attempts to give remedies to third-party beneficiaries. It then discusses the implication of terms into contracts, the difference between conditions and warranties, exclusion clauses, and the problems occasioned by standard-form contracts.


2020 ◽  
Vol 6 (3) ◽  
pp. 205630512093398
Author(s):  
William Clyde Partin

This article considers the history of donation management tools on the livestreaming platform Twitch. In particular, it details the technical and economic contexts that led to the development of Twitch Bits, a first-party donation management service introduced in 2016. Two contributions to research on the platformization of cultural production are made. One, this article expands the empirical record regarding Twitch by chronicling the role of viewer donations in livestreaming since 2010, as well as the many tools that have facilitated this practice. It is argued that this history traces the complex and co-productive interactions between Twitch as a sociotechnical architecture and a political economy. Two, by considering how the first-party donation tool Twitch Bits has gradually challenged the dominance of the third-party tools that preceded it, this article theorizes the notion of platform capture, a critical rereading of platform envelopment, a popular concept in business studies. Ultimately, it is argued that platform capture demonstrates how platform owners leverage power asymmetries over dependents to aid in their platform’s technical evolution.


2017 ◽  
pp. 110
Author(s):  
Cathelya Yosephine Hotasina Silaen

Geopark is a geological area, including the specific features of the geologically significant, rare or in the form of beauty which also has ecological value, archaeological, historical and cultural to local economic development through conservation, education and tourism. The most important thing of geopark development is local involvement by making a collaboration between government and locals, such as in Caldera Toba National Geopark. The existing collaboration between government and locals in this geopark, is formed simply as reciprocity, where they understand their position in the development of geopark and is willing to establish new relationships that equally benefit to them, even though there are some actors who deny the existence Caldera Toba Geopark. That kind of collaboration came up by mapping each actor role and position in every stage of geopark development, also ultimately how each of these actors collaborate in developing and operating Caldera Toba Geopark as a national and international tourism destination. The most interesting thing to be explored is how to collaborate geopark managerial issues with local culture. To involve the locals with their own entrenched culture, the government needs to create creative strategies and innovations to collaborate the locals, the government itself and the third party as well. This study lies in Pusuk Buhit Area, which has four geosites and located in Geoarea Samosir. Pusuk Buhit has its history of the starting of the old Bataknese people. Based on that history, Pusuk Buhit is inhabited by the old Bataknese family that have their pure Bataknese culture and its local wisdom. Beside their culture wisdom, this area is still affected by religious wisdom, such as Christianity and local religion, named Parmalim. To involve all stakeholders with their own interests, the government should construct the new institutional scheme for the future Caldera Toba Geopark,that has to be a collaboration instituional. By using stakeholder analysis for the mapping, with primary data collection methods in-depth interviews with some of the key actors, the author may interpret and assess the extent of the collaboration undertaken by each actor in developing Caldera Toba Geopark, as well as predict the suitable collaboration for managing Toba Caldera Geopark, as a strategy to make this geopark works.


1975 ◽  
Vol 5 (1) ◽  
pp. 27-36 ◽  
Author(s):  
Robert K. Match ◽  
Arnold H. Goldstein ◽  
Harold L. Light

The history of union organizing efforts in the hospital field is discussed in this article, along with the factors judged necessary for successful union organizing. The role played by labor legislation in the unionization of hospital workers is shown, and the influences of the National Labor Relations Act, the Taft-Hartley amendments, and labor legislation at the local level are described. Management has largely resisted unionization because of the social nature of hospitals. Competitive market forces do not confront the not-for-profit hospitals, which are dependent upon third-party reimbursement. While strikes are an integral and essential part of collective bargaining in industry, they are, in fact, detrimental to hospitals because of these institutions' concern with human life. Despite laws and assurances from labor leaders that strikes will not occur, strikes have been used as a method for resolving disputes, though they are basically inconsistent with the economic characteristics and objectives of the hospital. The authors conclude that arbitration awards should be made by arbitrators appointed from outside of the local region of the hospital involved, and that, because of the catastrophic effect of strikes upon patients as well as employees, arbitration awards should be required, should be binding upon both parties, and should be federally enforced.


2015 ◽  
Vol 15 (1) ◽  
pp. 43-61
Author(s):  
Carlos A. Ball

For several years now, a group of prominent religious liberty scholars in the United States have been defending what they call a “live-and-let-live” approach to accommodating religious dissent in the era of marriage equality. The proposed approach calls on the state to avoid taking sides on contested moral issues when individuals of faith claim that their religious beliefs require them to refrain from facilitating marriages by same-sex couples. The objective, it is argued, is to adopt policies that allow both sides to live according to their values. This article critiques the “live-and-let-live” solution to religious exemptions from LGBT (lesbian, gay, bisexual, and transgender) equality measures by focusing on questions of harms. It argues that the proposed approach calls for a weighing of harms that is largely unprecedented in the history of American antidiscrimination law and problematic in its own right. The article also explains that the approach is premised on questionable assumptions and predictions about the absence of any meaningful harm to LGBT individuals when business owners provide goods and services to the general public, but refuse to do so for same-sex couples on religious grounds.


2017 ◽  
Vol 32 (1) ◽  
pp. 126-140 ◽  
Author(s):  
TK Logan

Physical assault is only one tool in partner abuse characterized by coercive control. Coercive control creates an ongoing state of fear and chronic stress. Explicit threats are an important component of coercive control yet have received limited research attention. This study examined 210 women with protective orders (POs) against abusive (ex)partners and their experiences of explicit threats including threats of harm and death, threats about harming friends and family, and actual threats to friends and family. There are 4 main findings from this study: (a) explicit threats of harm and death, threats about harming others, and actual threats to others are common both in the history of the abusive relationship as well as within 6 months prior to obtaining a PO but are only moderately correlated with each other; (b) the high-frequency threats of harm group had the highest rates of concurrent abuse, violence, distress, and fear; (c) the prevalence and frequency of threats changed over time for all 3 types of threats examined in this study; and (d) understanding the variety of threats partner abuse victims experience, especially threats of third-party harm, may be important in understanding the larger context and consequences of partner abuse. This study is an interim step toward a better understanding of the role of explicit threats in abusive relationships. Future research is needed to examine the prevalence, frequency, trajectory, features, context, and types of explicit threats that victims of partner abuse experience. This information may be especially key to understanding more about future risk of harm, risk of harm to others, victim distress and fear, and safety planning.


2011 ◽  
Vol 41 (4) ◽  
pp. 859-881 ◽  
Author(s):  
Tobias Böhmelt

This article disaggregates coalitions of third-party mediators and examines their effectiveness in interventions. First, it is argued that there is an inverted U-shaped relationship between the size of a mediating coalition and mediation effectiveness. Secondly, mediators sharing a history of conflict and distrust will transfer their past relationships to a mediation attempt, making it less effective. Consequently, states sharing friendly and co-operative ties with each other are more successful in managing conflicts. Finally, a coalition of mediators that is largely democratic should be more effective due to a shared culture of peaceful conflict resolution, inclusivity and increased communication flows. The empirical analysis using data from the Issues Correlates of War Project for 1965–2000 largely provides support for the theory.


Author(s):  
Jackie McCoy ◽  
Scott Ironside

Enbridge Pipelines Inc. owns and operates the world’s longest hydrocarbon transmission system, which traverses across the varying geophysical landforms of Canada and the United States. These pipelines range in diameter from 12” to 48” and were constructed between 1950 and 2003. The wide range of pipe sizes, practices used for construction, and landforms traversed result in a very challenging Dent Management Program. Standards such as CSA Z662-99, ASME B31.4, and B31.8 provide a criterion for the selection of dents that require repair. Experience has shown that these standards do not identify all dents that have a possibility of failure due to leak or rupture. Enbridge initiated a project to study dents with BMT Fleet Technology of Kanata Ontario, this study determined that the dent geometry in addition to the depth to pipe diameter ratio affects the propensity that a dent will fail. Recent research and development by a group sponsored project lead by BMT Fleet technology on dent characterization has combined the pipeline’s cyclic pressure history with the shape of the dent to predict a time to failure. Enbridge combines these tools along with new insights from field excavations into its Dent Management Program. The Dent Management Program includes a series of prioritization’s to determine which sections of pipelines require detailed dent analysis. Typical prioritization criteria are rocky terrain, larger occurrence of third party damage, and history of numerous dents or failures. The detailed analysis utilizes the BMT Fleet “Dent Characterization Criteria” which was developed using their Finite Element Dent Assessment Model. This model considers the geometry of the dent, pipe material properties and historical pressure data to predict a time to failure for each dent. This time to failure prediction requires some additional engineering analysis depending on how close the parameters of the actual pipe are to what was validated with the model. This engineering analysis will determine which dents are selected for excavation and examination. This model has provided Enbridge with a tool to better manage its dent program, and this will be proposed as an option to improve the existing standards.


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