The law of tort and its relevance for risk management.

2017 ◽  
pp. 179-194
Author(s):  
M. J. Piekarz ◽  
I. S. Jenkins ◽  
P. F. Mills
Keyword(s):  
Risk Management ◽  
The Law

FEATURES OF RISK MANAGEMENT AFTER REALIZING PPP PROJECTS

2018 ◽  
Vol 1 (12) ◽  
pp. 179-190
Author(s):  
Mariya Zinovievivna Masik
Keyword(s):  
Risk Management ◽  
The State ◽  
Financial Risks ◽  
Contract Negotiations ◽  
The Public ◽  
Political Risks ◽  
Force Majeure ◽  
Investment Agreement ◽  
The Law ◽  
Partnership Agreement

The article is devoted to the clarification of the peculiarities of risk management during the implementation of PPP projects. The author identifies a set of risks for a private partner, business risks of PPP projects and the main risks associated with the protests of the public, as well as public and international organizations. The typical risks of PPP projects are presented, including force majeure, political risks, profitability risks, operational, construction, financial risks, and the risk of default. The world experience of sharing risks between the partners is presented. Also named are the main methods for assessing the risks of PPP projects. It has been determined that the conditions on which the parties should reach agreement in order for the contract to be concluded are essential. Risk management can be implemented within the framework of the essential conditions for the allocation of risks. However, the provisions of the law provide for the allocation of only those risks identified by the results of an analysis of the effectiveness of the PPP project. Legislation does not directly determine how risks can be allocated to the risks identified during the pre-contract negotiations (or even at a later stage), but not taken into account in the analysis of efficiency. For example, suggestions on the terms of the partnership agreement as part of the bidding proposal may include suggestions on risk management mechanisms. There are no definite and can not be fully defined possible ways of managing risks in view of their specificity for a particular project. For this purpose, it is advisable to provide for a period of familiarization with the draft tender documentation and the possibility of making changes to it based on the findings received from potential contestants. It is also advisable to foresee cases in which it is possible to review certain terms of the contract without a competition. It is substantiated that the law does not restrict the possibility of foreseeing specific terms of an agreement on the implementation of the PPP project or to conclude additional (auxiliary) contractual instruments (for example, an investment agreement). At the same time, when laying down conditions not provided for by law, it is necessary to take into account the scope of competence of the state partner. Also, in order to ensure the principle of equality of conditions, the state partner should provide such additional conditions in the tender documentation.

scholarly journals O POLSKIM PRAWIE UBEZPIECZEŃ GOSPODARCZYCH W KONTEKŚCIE WYMOGÓW ACQUIS COMMUNAUTAIRE UE (REASUMPCJA STANOWISK PREZENTOWANYCH W PRACACH IZBY)

2017 ◽  
Vol 4 (2) ◽  
pp. 93
Author(s):  
Stanisław Nowak
Keyword(s):  
Risk Management ◽  
Legal Status ◽  
Insurance Market ◽  
Lisbon Strategy ◽  
Adaptation Measures ◽  
Acquis Communautaire ◽  
Insurance Law ◽  
The Law ◽  
Polish Law ◽  
Substantial Change

Po l i s h In s u r a n c e La w i n t h e C o n t e x t o f t h e ‘Ac q u i s Communautaire’ UE Requirements (Recapitulation of the Standpoints Presented in the Chamber’s Works)SummarySubstantial changes of the legal status in the system of Polish economic insurance, called a revolution in the Polish insurance law, initiated by a series of bills dated 22 M ay 2003 and multiplicity of accompanying secondary legislation made the insurance market start numerous analytic works, also in the context o f the requirements to adapt to the com m unity law.These im portant and vast issues, already for some time, have been subject to studies and discussions taking place in the Insurance and Risk Management Cham ber of Commerce. They draw to a conclusion that the quality o f Polish law is unsatisfactory, the law is complicated and unclear. Further they show deficiencies in the knowledge of the com m unity law in Poland due to which a social and professional insurance education is necessary.Further adaptation measures should start from a substantial change of the law on insurance contract. This process should also regard the act insurance agencies.An urgent need of insurance education, belonging to a so-called Lisbon strategy adopted by the European Council in M arch 2000, is highly im portant for the insurance market.

scholarly journals Risk before Justice: When the Law Contests Its Own Suspension

2008 ◽  
Vol 21 (4) ◽  
pp. 847-861 ◽  
Author(s):  
LOUISE AMOORE
Keyword(s):  
Risk Management ◽  
War On Terror ◽  
Security Practices ◽  
Risk Practices ◽  
The Law ◽  
Uncertain Future ◽  
The One ◽  
The Relationship

AbstractContemporary security practices pose a particular paradox in the relationship between law and norm. On the one hand, the institution of risk practices in advance of, and in place of, juridical decisions appears to have become the technical resolution of choice to the politics of targeted security in the ‘war on terror’. The risk calculus makes possible an array of interventions – from detention, deportation, or ‘secondary’ security to asset freezing and ‘blacklisting’ – that operate in place of, and in advance of, the legal thresholds of evidence and decision. And yet, this article demonstrates, it is not the case that law recedes as risk advances, but rather that law potentially both authorizes and contests specific modes of risk management. As risk practices in the war on terror operate on and through a distinctive and novel terrain of the uncertain future, the capacity of juridical intervention to contest the exposure of people to dehumanizing technologies itself faces new potentials and limits.

Organizational Ethics Programs and the Law

2000 ◽  
Vol 9 (2) ◽  
pp. 218-229 ◽  
Author(s):  
BETHANY SPIELMAN
Keyword(s):  
Health Care ◽  
Risk Management ◽  
Health Care Organizations ◽  
Max Weber ◽  
Close Association ◽  
Organizational Ethics ◽  
Healthcare Organizations ◽  
Ethics Programs ◽  
Legal Risk ◽  
The Law

Max Weber, the grandfather of organizational theory, recognized the close association between health care organizations and law. When he introduced the concept of a legal–rational bureaucracy, he used hospitals and clinics to illustrate it. Today, there is little doubt that healthcare organizations are “law-saturated,” if not always fully compliant with the law. Like Weber's legal–rational bureaucracies, healthcare organizations have highly formalized rules and procedures. They pay a great deal of attention to legal criteria in decisionmaking, and some have entire departments devoted to legal risk management.

scholarly journals Desastres ambientais e impactos socioambientais: inundações no município de Itaóca- SP: Bacia Hidrográfica como unidade de planejamento e gestão de riscos / Environmental disasters and environmental impacts: floods in county Itaóca- SP (...)

2016 ◽  
Vol 26 (47) ◽  
pp. 737
Author(s):  
Mara Eliana Graeff Dickel ◽  
Manuel Baldomero Rolando Berríos Godoy
Keyword(s):  
Risk Management ◽  
Environmental Impacts ◽  
Environmental Disasters ◽  
Effective Change ◽  
The Law ◽  
Scale Of Analysis

<p>A temática de desastres ambientais figura na centralidade das discussões no período da contemporaneidade. A recorrência destes eventos de ordem hidrometeorológica alerta para a necessidade de um realinhamento das linhas de pensamento, principalmente no que concerne à gestão de riscos e desastres. Nesse sentido, o presente artigo busca defender a importância da adoção de uma nova escala de análise e planejamento sobre a bacia hidrográfica, conforme delimitado na lei 12.608 de 10 de abril de 2012. Para tal, exemplificou-se a situação tomando por base o evento ocorrido no mês de janeiro de 2014, na região do Vale do Ribeira (SP) e, de forma mais expressiva, no município de Itaóca, o qual resultou em 23 óbitos, além de um impacto de ordem ambiental, estrutural e social imensurável. Reconhecemos, também, a dificuldade encontrada para a consecução deste realinhamento; no entanto, a consideramos imprescindível para esta efetiva mudança, a qual se tornou urgente e necessária. </p><p><strong>Palavras-chave</strong>: Riscos. Gestão de Riscos. Bacia Hidrográfica.Vale do Ribeira</p><p><strong>Abstract </strong></p><p>The environmental disasters theme figures in the centrer of the discussions in the contemporary period. The recurrence of these hydrometeorological order of events highlights the need for a realignment of lines of thought, especially with regard to risk management and disaster. In this sense, this article seeks to defend the importance of adopting a new scale of analysis and planning on the watershed, as defined in the law 12 608 of 10 April 2012. To this end, exemplified is the situation while building on the event occurred in January 2014, in the Ribeira Valley region (SP) and, more significantly, in the municipality of Itaóca, which resulted in 23 deaths, as well as an impact on environmental, structural and social immeasurable. We also recognize the difficulty in achieving this realignment; however, we consider it essential to this effective change, which has become urgent and necessary. Keywords: risk, risk management, watershed, Ribeira Valley.</p><p><strong>Keywords</strong>: Risk, Risk management, Watershed, Ribeira Valley.</p>

scholarly journals Lao People’s Democratic Republic

2020 ◽  
Vol 20 (206) ◽  
Author(s):  
Keyword(s):  
Risk Management ◽  
Financial Institutions ◽  
Democratic Republic ◽  
Capacity Development ◽  
Commercial Banking ◽  
Management Systems ◽  
Banking Supervision ◽  
Early Stages ◽  
Lao People's Democratic Republic ◽  
The Law

The Banking Supervision Department (BSD) of the BoL is implementing risk-based supervision (RBS) methods. BoL staff are showing favorable results in understanding and applying RBS, recognizing that they are still in the early stages of capacity development. A new commercial banking law became effective in June 2019. The law incorporates expectations that financial institutions establish appropriate risk management systems and maintain adequate capital and liquidity. The law also gives the BoL purview over the adequacy of risk management in banks.

Stalking: Perspectives on Victims and Management

Stalking ◽  
2007 ◽  
Author(s):  
Alan W. Newman ◽  
Kenneth L. Appelbaum
Keyword(s):  
Risk Assessment ◽  
Risk Management ◽  
Research Literature ◽  
Media Attention ◽  
Significant Harm ◽  
The Law ◽  
Stalking Victims ◽  
The Impact

The potential of being stalked is a frightening prospect, in part because of the widespread media attention to the phenomenon, principally highlighting cases in which significant harm toward the victim has occurred. Victims may have little knowledge of how to manage a stalking situation. Civil and criminal remedies may provide some relief, but ultimately victims must manage their own safety in a way that they see as best for their particular situation. In assisting and assessing victims, the issue of false victimization must also be considered. This chapter will explore issues related to the effects of being stalked and methods of management for victims. Although much of the attention to stalking seen in the legal, clinical, and research literature has been related to stalkers and the act of stalking, there has also been a burgeoning interest in examining stalking victims. This allows for a greater opportunity to understand stalking behaviors, and their effects on others, from a perspective vastly different from that of the perpetrator. Moreover, it has become increasingly recognized that stalking creates very negative psychological (and at times physical) harm to victims. Understanding the phenomenology of victimization and victimology can help clinicians work from a foundation when they are faced with treating a person who may be a victim of stalking. Furthermore, although risk assessment and risk management of stalkers are discussed elsewhere in this book (see chapters 3 and 4), it is imperative that there be a mechanism to manage risk from the perspective of the victim. Stalking represents a dyadic tension, and approaches to mitigating risk must be done with recognition of the impact of stalking on the victim. As we discussed in our GAP Committee on Psychiatry and the Law, important questions typically posed by a stalking victim include queries into whether the stalking will cease and whether the victim will be harmed. More nuanced aspects of victim assessment and management include an examination of day-to-day approaches in dealing with stalking behavior.

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