HICEE BV v. Slovak Republic

ICSID Reports ◽  
2021 ◽  
Vol 19 ◽  
pp. 314-363
Keyword(s):  
Slovak Republic ◽  
Good Faith ◽  
Content Type ◽  
Ordinary Meaning ◽  
Definition Of ◽  
The Way

314Investment — Interpretation — Ordinary meaning — VCLT, Article 31 — Whether the definition of investment was intended to cover a broad range of investments — Whether the definition of investment depended on the type of investment — Whether the definition of investment depended on the way in which an investment was madeInterpretation — Meaning of “directly” — VCLT, Article 31 — Ordinary meaning — Good faith — Context — Object and purpose — Whether an ordinary meaning of the term “directly” could be ascertained — Whether “directly” referred to an investment’s origin or its connection with an investorInterpretation — Supplementary means of interpretation — Travaux préparatoires — Circumstances of conclusion — VCLT, Article 31 — VCLT, Article 32 — Explanatory notes — Agreed minutes of formal consultations — Whether recourse to supplementary means was required — Whether certain supplementary means of interpretation were admissibleInterpretation — Ambiguous or obscure meaning — Manifestly absurd or unreasonable result — VCLT, Article 31 — VCLT, Article 32 — Whether the method under Article 31 of the VCLT left the meaning of a term ambiguous or obscure — Whether the method under Article 31 of the VCLT led to a result which was manifestly absurd or unreasonableMost-favoured-nation treatment — Jurisdiction — Investment — Whether a most-favoured nation clause was limited to substantive protections — Whether a most-favoured nation clause could expand the definitions of investor or investmentAdmissibility — Shareholder claims — Whether a shareholder could seek damages caused to its subsidiary by the treatment of other companies in which that subsidiary held sharesCosts — UNCITRAL Rules, Article 40 — Whether costs of arbitration should be borne by the unsuccessful party — Whether apportionment of the costs of arbitration was reasonable taking into account the circumstances

The destination paradigm continuum revisited: DMOs serving as leadership networks

2015 ◽  
Vol 70 (2) ◽  
pp. 116-131 ◽  
Author(s):  
Dean Hristov ◽  
Anita Zehrer
Keyword(s):  
Policy Development ◽  
Formal Structure ◽  
Widening Participation ◽  
Leadership Practice ◽  
Content Type ◽  
Inclusive Approach ◽  
Integrative Leadership ◽  
Definition Of ◽  
Development Trajectories ◽  
The Way

Purpose – This paper aims to serve as an introduction to a rather under-researched field. It aims to provide a conceptual definition of destination management organisations (DMOs) serving as leadership networks in destinations drawing on what is to be called the DMO Leadership Cycle – a guiding framework integrating the perspectives of management, governance and leadership to influence destination development trajectories. Design/methodology/approach – A synthesis of the extant literature on destination management and governance, coupled with the latest academic contributions in destination leadership serves to uncover the existence of a gap in the way leadership is seen in the underpinned domain. DMOs are conceptualised and their role in serving as leadership networks in destinations is then critically discussed. Findings – Perspectives of destination management, governance and leadership and their interaction with one another is fundamental to DMOs serving as leadership networks. The paper provides justification for and indicative definition of contemporary DMOs serving as leadership networks in destinations. Research limitations/implications – The conceptual nature of this paper calls for empirical evidence where DMOs serving as leadership networks are further investigated in practice and across diverse political and economic contexts. Practical implications – This paper aims to shape destination leadership practice by introducing an alternative, yet inclusive approach to leadership focussing on collective orchestration in destinations undertaken by DMO networks. Social implications – The paper aims to trigger a discussion on the importance of all-encompassing and integrative leadership as a means for widening participation across diverse destination groups; to serve as an input into and ultimately – shape policy development. Originality/value – This discussion provides an alternative perspective to the way we see leadership in destinations. The paper argues that “impactful” leadership is rather embedded in a formal structure and distributed in nature.

Is cybersecurity eating internet governance? Causes and consequences of alternative framings

2017 ◽  
Vol 19 (6) ◽  
pp. 415-428 ◽  
Author(s):  
Milton Mueller
Keyword(s):  
Design Methodology ◽  
Structural Features ◽  
Joint Production ◽  
Internet Governance ◽  
Security Dilemma ◽  
Content Type ◽  
Governance Models ◽  
Definition Of ◽  
The Relationship ◽  
The Way

Purpose The purpose of this paper is to clarify the relationship between cybersecurity governance and internet governance and to explore the effects of the current tendency for cybersecurity-related discourse to dominate and change the way we approach the established problems of internet governance. Design/methodology/approach The paper demonstrates the centrality of internet connectivity to any definition of cyberspace and to cybersecurity, which clarifies the way internet governance and cybersecurity governance are interdependent. Drawing on classic notions of a security dilemma, the paper also argues for distinguishing between national cybersecurity and societal cybersecurity. Findings Major structural features of the governance problem in cybersecurity and internet governance are analogous. Joint production of internet services and cybersecurity makes them heavily interdependent. This means that cybersecurity governance and internet governance models need to be compatible, and the approach we take to one will influence how we approach the other. Originality/value The interdependence of cybersecurity governance and internet governance has not been carefully examined before, and the relationship is not well understood. These two strands of thinking about cyberspace governance have not been properly connected. This paper bridges the gap and makes policymakers more aware of the potential tensions between a cybersecurity perspective and an internet governance perspective.

Commentary on “Implementation of policy regarding restrictive practices in England”

2020 ◽  
Vol 25 (1) ◽  
pp. 9-12
Author(s):  
Brenda Frederiks
Keyword(s):  
Intellectual Disability ◽  
The Netherlands ◽  
Design Methodology ◽  
Content Type ◽  
What Works ◽  
Involuntary Care ◽  
To Come ◽  
Definition Of ◽  
Practical Implications ◽  
The Way

Purpose In the Netherlands, as in England, concerns exist about the extent of and frequency with which freedom-restricting measures are applied. The view is that use of these measures needs to decrease. The purpose of this paper is to outline new legislation that is expected to come into force in the Netherlands in 2020. Design/methodology/approach This paper provides a description of legislation entering into force on 1 January 2020. Findings Many of the new legislation’s practical implications remain unclear, including the definition of involuntary care. Research limitations/implications The new legislation will start being monitored directly after coming into force, and only then the authors will make out what works well and what does not. Practical implications Introducing new legislation on coercion is not sufficient. Careful implementation of the legislation is important, including the way it defines involuntary care. Originality/value In 2020, the Netherlands is introducing new legislation on involuntary care for people with an intellectual disability. This includes a definition of involuntary care.

Entrepreneurship in teleology: the variety of the forms

2009 ◽  
Vol 15 (2) ◽  
pp. 209-231 ◽  
Author(s):  
Ioannis N. Katsikis ◽  
Lida P. Kyrgidou
Keyword(s):  
Critical Review ◽  
Design Methodology ◽  
Opportunity Identification ◽  
Entrepreneurial Process ◽  
Content Type ◽  
Definition Of ◽  
The Way

PurposeThe purpose of the paper is to define a range of entrepreneurial concepts and provide a critical review of their content in order to map the forms of the entrepreneurial actions within their teleological context.Design/methodology/approachBased on the authors' definition of teleology as the process of heading towards an end, entrepreneurship was categorized into a three‐item typology, namely subject, process and object. The latter served as a platform for the analysis, which reveals some key qualities about research in entrepreneurship.FindingsThe paper provides a categorization of entrepreneurship both at the distinction (subject, process, object) and the contextual level and the commonalities and differences among entrepreneurship's different teleological approaches are analyzed and the potential is offered for further avenues of research to emerge. Additionally, it is demonstrated that the teleological approaches represent distinct approaches to interpret diverse aspects of the entrepreneurial phenomenon and provide insights into the way in which the entrepreneurial process itself unfolds.Originality/valueThe paper provides an innovative categorization of entrepreneurship as subject, process and object while discussing a variety of various entrepreneurial forms through their teleological nature within each of the three categories. The paper is valuable to scholars seeking to further advance their understanding in the various fields of entrepreneurship, understand the function of the particular set of activities to be undertaken, the role of particular individuals/agents involved in the entrepreneurial process, the opportunity identification/exploitation process as well as the particular objective that each entrepreneurial form aims at fulfilling.

Realising the vision of communication inclusion

2016 ◽  
Vol 21 (1) ◽  
pp. 24-29 ◽  
Author(s):  
Kim Hartley Kean
Keyword(s):  
Learning Disabilities ◽  
Design Methodology ◽  
Public Services ◽  
Content Type ◽  
Communication Practice ◽  
Accessible Information ◽  
Adults With Learning Disabilities ◽  
Health Related ◽  
Definition Of ◽  
The Way

Purpose – The purpose of this paper is to provide a commentary on Clare Mander’s paper entitled “An investigation of the delivery of health-related accessible information for adults with learning disabilities”. The commentary discusses issues identified by the author in the field of accessible information and, more generally, inclusive communication practice. Design/methodology/approach – This commentary reviews factors which influence the communication accessibility of services and the policy, legislative and economic case for mainstreaming inclusive communication approaches. It highlights diversity in the definition of inclusive communication and the scope of its necessary implementation before proposing an approach to establishing consensus on the way forward. The commentary suggests how the task of mainstreaming inclusive communication throughout public services could be addressed, reflects on progress to date and proposes next steps for the growing numbers of those with an interest. Findings – Many factors influence communication accessibility. The communication attitude, knowledge, skills and resources individual providers and recipients bring to each interaction are as important as the whole organisation’s approach towards and investment in inclusive communication approaches. Legislation, policy, demographics and reducing budgets increase the requirement to mainstream inclusive communication approaches. Achieving this objective is an enormous task. Originality/value – Reflecting on all the drivers and influences on the objective of achieving mainstreamed quality inclusive communication practice throughout public services, the author offers potential suggestions for starting to address this enormous but worthwhile task with a view to generating discussion and collaboration among those with an interest.

Proposal for the development of sleeve patternmaking process and the definition of sleeve pattern structures for mass customization

2020 ◽  
Vol ahead-of-print (ahead-of-print) ◽  
Author(s):  
Hyunsook Han ◽  
Hyunjung Han ◽  
Taehoon Kim
Keyword(s):  
Mass Customization ◽  
Design Methodology ◽  
Comprehensive Analysis ◽  
New Method ◽  
Content Type ◽  
Pattern Control ◽  
Pattern Structures ◽  
Definition Of ◽  
Practical Implications ◽  
The Way

PurposeThe purpose of this study is to propose the parametric sleeve patternmaking method that enables mass customization.Design/methodology/approachTo propose the parametric sleeve patternmaking method, the required components for parametrization were identified, and required elements for the application of mass customization were extracted as an objective sleeve pattern.FindingsOverall drafting processes, the formulas for lines and points, the values of notches, and the value of the ease of ESMOD method, the angles and the formulas for darts of Müller’s method, and the size of Sleeve Opening and the way of pattern control of Secoli’s method were combined in the new method proposed.Research limitations/implicationsFurther study requires a comprehensive analysis of the proposed sleeve patternmaking method and developing the parametric sleeve pattern CAD for mass customization to utilize and commercialize the parametric sleeve patternmaking method.Practical implicationsThe parametric sleeve patternmaking method is suitable for mass customization. Especially, even beginners would apply the parametric sleeve patternmaking method proposed in this study to any type of bodice pattern without confusion.Originality/valueThe parametric sleeve patternmaking method proposed is simple and delivers the lines and the calculated values for the sleeve patternmaking clearly and objectively rather than the patterner’s intuition does.

Knowledge artifacts: the implications of incommensurable dimensions for their design

2018 ◽  
Vol 52 (1) ◽  
pp. 130-147
Author(s):  
Carla Simone
Keyword(s):  
Design Methodology ◽  
Empirical Work ◽  
Crucial Aspect ◽  
Content Type ◽  
Definition Of ◽  
Conceptual Foundations ◽  
Practical Implications ◽  
Shed Light ◽  
Empirical Investigations ◽  
The Way

Purpose The purpose of this paper is to overcome the confusion generated by a loose definition of the term knowledge artifact (KA) and its impacts on the design of technologies supporting their use. Design/methodology/approach The paper looks at the conceptual foundations underpinning the concept of KA that are related to the way in which knowledge is conceived, and revisits the outcomes of empirical investigations to shed light on different aspects of the use of KA in various settings. Findings The paper identifies a class of KAs and its role in relation to other classes of KAs, as it emerges from the empirical investigations. Research limitations/implications The focus is on documental artifacts that are, however, widely used in different domains and organizations. New empirical work is needed to consider other kinds of artifacts and their role in knowledge-intense activities. Practical implications The paper aims to drive the attention of the designer on phenomena that hinder the acceptance, appropriation and effectiveness of the technologies they design to support a crucial aspect of collaboration. Originality/value The paper is original in the following ways: first, documenting the interplay between a kind of KA that is poorly considered in the literature with other classes of KAs; second, highlighting a set of principles that should guide the construction of computational KAs of a different nature.

Guanxi as a complex adaptive system: definition, description and underlying principals

2014 ◽  
Vol 8 (2) ◽  
pp. 81-103 ◽  
Author(s):  
Artemis Chang ◽  
Carlin Guo ◽  
Roxanne Zolin ◽  
Xiaohua Yang
Keyword(s):  
Chinese Culture ◽  
Adaptive System ◽  
Complex Adaptive System ◽  
Cultural Practice ◽  
Content Type ◽  
Evolving Networks ◽  
Complex Adaptive ◽  
Four Levels ◽  
Definition Of ◽  
The Way

Purpose – The purpose of this paper is to critically review the extant guanxi literature to identify the major inconsistencies in the way guanxi is currently conceptualized. The authors develop a conceptualization of guanxi which views guanxi as a complex adaptive system. Design/methodology/approach – Electronic databases were queried for the keyword guanxi. This study offers an extensive review of the current literature, highlighting four major inconsistencies, namely, the breadth, linguistic-cultural depth, temporality and level of the conceptualization and analyses of guanxi. Findings – In reviewing the extant literature, the authors find four levels of inconsistency that contribute to a lack of clarity in the way guanxi is conceptualized. They define guanxi as a complex adaptive system involving a dynamic formed by the strategic establishing, evolving, utilizing and maintaining of personal relationships based on social norms of trust and reciprocal obligation unique to the Chinese culture. Research limitations/implications – This approach has the advantage of capturing the dynamic and emerging nature of guanxi over time, while encompassing the underlying principles of the evolving networks as part of the definition. Practical implications – The authors' new definition makes it easier to explain to people of other cultures. The appropriate level of breadth allows guanxi to be distinguished from associated concepts. This provides guidance for non-Chinese people to help understand guanxi and avoid cross-cultural misunderstandings and conflict. Originality/value – Having a clear and inclusive definition of the cultural practice of guanxi will integrate the growing literature and theoretical dialogue surrounding the phenomena. This will allow for consistent study of guanxi and its underlying principles, making integration of the various studies conceptually easier.

Co-workers’ perceptions of and reactions to employee’s involuntary demotion

2019 ◽  
Vol 41 (4) ◽  
pp. 740-757 ◽  
Author(s):  
Sophie Hennekam ◽  
Subramaniam Ananthram ◽  
Steve McKenna
Keyword(s):  
Design Methodology ◽  
Emotional Responses ◽  
Emotional Reaction ◽  
Content Type ◽  
Informational Justice ◽  
Behavioural Responses ◽  
Behavioural Reaction ◽  
Three Stages ◽  
Depth Interviews ◽  
The Way

Purpose The purpose of this paper is to investigate how individuals perceive and react to the involuntary demotion of a co-worker in their organisation. Design/methodology/approach The authors draw on 46 semi-structured in-depth interviews (23 dyads) with co-workers of demoted individuals. Findings The findings suggest that an individual’s observation of the demotion of a co-worker has three stages: their perception of fairness, their emotional reaction and their behavioural reaction. The perception of fairness concerned issues of distributive, procedural, interpersonal and informational justice. The emotional responses identified were feelings of disappointment/disillusion, uncertainty, vulnerability and anger. Finally, the behavioural reactions triggered by their emotional responses included expressions of voice, loyalty, exit and adaptation. Originality/value Perceptions of (in)justice perpetrated on others stimulate emotional and behavioural responses, which impacts organisational functioning. Managers should therefore pay attention to the way a demotion is perceived, not only by those directly concerned, but also by co-workers as observers.

Financial capabilities development: essential discourse in social work

2019 ◽  
Vol 46 (10) ◽  
pp. 1234-1246
Author(s):  
Lambert K. Engelbrecht ◽  
Abigail Ornellas
Keyword(s):  
Sustainable Development ◽  
Social Work ◽  
Financial Literacy ◽  
Community Education ◽  
Work Practice ◽  
Well Being ◽  
Social Work Practice ◽  
Content Type ◽  
Vulnerable Households ◽  
Definition Of

Purpose Within a neoliberal environment, financial vulnerability of households has become an increasing challenge and there is a requirement of financial literacy education, a necessary activity to facilitate sustainable development and well-being. However, this is seldom a mainstream discourse in social work deliberations. The paper aims to discuss these issues. Design/methodology/approach First, introducing the neoliberal impact on financial well-being and capability for vulnerable households, the authors’ postulation is substantiated on a seven-point argument. The contexts of financially vulnerable households are sketched. Second, a conceptualisation of financial literacy is offered, and third, perspectives on and approaches to financial literacy as a fundamental capability are presented. This is followed by a theoretical foundation of community education as a practice model in social work to develop financial capabilities. In the fifth place, prevailing practices of Financial Capabilities Development (FCD) programmes are offered. Subsequently, the implications of a neoliberal environment for social work practice are examined. Findings The revised global definition of social work encourages the profession to understand and address the structural causes of social problems through collective interventions. As a response, it is argued that community education towards FCD of vulnerable households within a neoliberal environment should be an essential discourse in social development. Originality/value The authors reflect on the significance of FCD, highlighting its contribution towards human security and sustainable development. Although this paper draws on Southern African contexts, the discourse finds resonance in other contexts across the world.

Sign in / Sign up

Export Citation Format

Share Document