Public policy paradox in enforcement of Foreign Arbitral Awards in BRICS countries

2017 ◽  
Vol 59 (6) ◽  
pp. 1279-1291 ◽  
Author(s):  
Chaman Lal Bansal ◽  
Shalini Aggarwal
Keyword(s):  
Public Policy ◽  
Design Methodology ◽  
Business Community ◽  
Content Type ◽  
Brics Countries ◽  
Critical Areas ◽  
Universal Principles ◽  
Recognition And Enforcement ◽  
Conceptual Paper ◽  
Set Up

Purpose The purpose of this paper is to analyze the specific legislative and judicial approaches of each of the BRICS countries toward recourse to public policy exception in the context of recognition and enforcement of foreign arbitral awards. Further, it points out the critical areas which need immediate attention to make these countries attractive destinations for parking of investments by international parties. Design/methodology/approach The study is a conceptual paper that provides knowledge of the critical areas which needs immediate attention to make BRICS countries attractive destinations for parking of investments by international parties. The first part of the paper examines a guide map to the international business community to devise their dispute adjudication strategies before committing investments in any of BRICS economies. The second part examined the variegated notions of the concept of public policy exception and the existence of differences in judicial approaches. The next parts analyzed the specific legislative and judicial approaches of each of BRICS countries toward recourse to public policy. Findings The BRICS countries need to spell out the universal principles applicable to construing the notion of public policy. It would reduce conflicts between national laws and help the municipal courts in determining the issue of enforceability of foreign awards by reference to a common yardstick. Hence, until a harmonized approach to public policy toward foreign awards is developed at an international level, the BRICS countries may take initiative to set up an inter-regional arbitration council to resolve intricate cases occurring in the field of application of public policy exception to foreign arbitral awards. Originality/value The paper is an original work of the author.

The business paradigm: explanation for patterns of business interactions

2021 ◽  
Vol ahead-of-print (ahead-of-print) ◽  
Author(s):  
Grzegorz Leszczyńsk ◽  
Tibor Mandjak ◽  
Tihamér Margitay ◽  
Marek Zieliński
Keyword(s):  
Design Methodology ◽  
Business Community ◽  
General Level ◽  
Interaction Patterns ◽  
Social Business ◽  
Business Relationship ◽  
Content Type ◽  
Socially Constructed ◽  
Conceptual Paper ◽  
Practical Implications

Purpose This paper aims to introduce the concept of business paradigm to conceptualize and explain differences in business interaction patterns in the IMP research. Design/methodology/approach The concept of the interaction and the concepts related to and driven from it describe the business at both a general level. At the same time, the IMP points out the uniqueness of business interactions. This paper addresses the specific lies between the general and the particular by referring to various patterns of interactions. To close that gap, this paper implies the Kuhnian philosophy of science to conceptualize the business paradigm. Findings The business paradigm is a socially constructed collective term. It simultaneously captures the cognitive (what business is and what rules it has) and social (business community) dimensions of the actor’s behavior and actions. It has two interdependent dimensions: cognitive and social. It determines how the actors view and do business, and it explains the variations of interactions. Research limitations/implications Not applicable as it is a conceptual paper. Practical implications Not applicable as it is a conceptual paper. Social implications Not applicable as it is a conceptual paper. Originality/value The concept of the business paradigm is a theoretical extension of the IMP actor’s theory. The dimensions of the business paradigm capture the psychological and sociological characteristics of the business actor. The business paradigm application provides an opportunity to find that business can be different because actors in various communities have various views on what business is and how it should be properly run. Adding the business paradigm concept to the IMP theory implies strengthening the theory explanation power because the interaction explains the business’s general characteristics. The business relationship explains the business’s unique features, and the business paradigm explains the various interaction patterns.

scholarly journals Millennial cultural consumers: co-creating value through brand communities

2014 ◽  
Vol 4 (1/2) ◽  
pp. 119-135 ◽  
Author(s):  
Sue Vaux Halliday ◽  
Alexandra Astafyeva
Keyword(s):  
Design Methodology ◽  
Knowledge Development ◽  
Brand Community ◽  
Content Type ◽  
Brand Communities ◽  
Art And Culture ◽  
Managerial Implications ◽  
Community Theory ◽  
Conceptual Paper ◽  
Research Propositions

Purpose – The purpose of this paper is to conceptualise millennial cultural consumers (MCCs) to bring together strands of consumer theory with branding theory to consider how to attract and retain younger audiences in arts organisations. Within that the authors single out for attention how “brand community” theory might apply to MCCs. Design/methodology/approach – This paper is a conceptual paper that reviews and comments on concepts relevant to helping arts organisations develop strategies to attract and retain younger consumers in their audiences. Findings – Thoughtful conceptual insights and four research propositions for further work by academics and/or practitioners on Millennials and the art and culture world are derived from this review and commentary. Managerial implications are also drawn out. Originality/value – This paper contributes to the knowledge development of such concepts as value and brand communities. It also provides an explanation of these concepts conncecting academic thought on value with pressing management challenges for arts organisations, suggesting ways to apply brand community thinking to innovatiely conceptualised MCCs.

scholarly journals The social marketing theory-based (SMT) approach for designing interventions

2016 ◽  
Vol 6 (1) ◽  
pp. 18-40 ◽  
Author(s):  
Shamini Manikam ◽  
Rebekah Russell-Bennett
Keyword(s):  
Social Marketing ◽  
Design Methodology ◽  
Marketing Theory ◽  
Content Type ◽  
Step Process ◽  
The Social ◽  
Conceptual Paper ◽  
Marketing Intervention ◽  
Practical Implications ◽  
Social Marketing Theory

Purpose – Despite the importance of theory as a driving framework, many social marketers either fail to explicitly use theory as the basis of designing social marketing interventions or default to familiar theories which may not accurately reflect the nature of the behavioural issue. The purpose of this paper is therefore to propose and demonstrate the social marketing theory (SMT)-based approach for designing social marketing interventions, campaigns or tools. Design/methodology/approach – This conceptual paper proposes a four-step process and illustrates this process by applying the SMT-based approach to the digital component of a social marketing intervention for preventing domestic violence. Findings – For effective social marketing interventions, the underpinning theory must reflect consumer insights and key behavioural drivers and be used explicitly in the design process. Practical implications – Social marketing practitioners do not always understand how to use theory in the design of interventions, campaigns or tools, and scholars do not always understand how to translate theories into practice. This paper outlines a process and illustrates how theory can be selected and applied. Originality/value – This paper proposes a process for theory selection and use in a social marketing context.

scholarly journals Paradox and market renewal

2018 ◽  
Vol 36 (7) ◽  
pp. 750-763 ◽  
Author(s):  
Joel Hietanen ◽  
Pekka Mattila ◽  
Antti Sihvonen ◽  
Henrikki Tikkanen
Keyword(s):  
Design Methodology ◽  
Content Type ◽  
Conceptual Paper

Purpose The purpose of this paper is to continue the emerging stream of literature that has found knockoffs and counterfeits to be unobtrusive or even beneficial to luxury companies by analyzing how they produce paradoxes of meaning and contribute to the renewal of luxury markets. This is done by exploring them as doppelgänger brand images that reappropriate brand imagery for their own purposes. Design/methodology/approach This is a conceptual paper that focuses on the role of knockoffs and counterfeits in the renewal of luxury markets. Findings The findings highlight how knockoffs and counterfeits can contribute to the emergence and cyclical diffusion of luxury. As luxury offerings are introduced to the market, knockoffs and counterfeits accelerate the snob effect, aid in anchoring trends and contribute to induced obsolescence. During diffusion, knockoffs and counterfeits can strengthen aspiration, bandwagon and herding effects. In doing so, knockoffs and counterfeits create a paradox as they simultaneously legitimize the idea of the “authenticity” of genuine offerings through their presence in the market and create cyclical demand for novel offerings by undermining the authenticity claims of existing luxury offerings. Thus, knockoffs and counterfeits can be understood as a paradox of luxury markets that contributes to the market cyclicality not despite but because of this paradoxical interplay. Originality/value While research on knockoffs and counterfeiting is plentiful in the field of marketing, this is among the few studies that analyze how these offerings contribute to luxury markets and their renewal.

Using transfer learning for diabetic retinopathy stage classification

2021 ◽  
Vol ahead-of-print (ahead-of-print) ◽  
Author(s):  
Enas M.F. El Houby
Keyword(s):  
Diabetic Retinopathy ◽  
Transfer Learning ◽  
Grade Level ◽  
Design Methodology ◽  
Content Type ◽  
Stage Classification ◽  
Set Up ◽  
Retinal Fundus ◽  
Automated Methods

PurposeDiabetic retinopathy (DR) is one of the dangerous complications of diabetes. Its grade level must be tracked to manage its progress and to start the appropriate decision for treatment in time. Effective automated methods for the detection of DR and the classification of its severity stage are necessary to reduce the burden on ophthalmologists and diagnostic contradictions among manual readers.Design/methodology/approachIn this research, convolutional neural network (CNN) was used based on colored retinal fundus images for the detection of DR and classification of its stages. CNN can recognize sophisticated features on the retina and provides an automatic diagnosis. The pre-trained VGG-16 CNN model was applied using a transfer learning (TL) approach to utilize the already learned parameters in the detection.FindingsBy conducting different experiments set up with different severity groupings, the achieved results are promising. The best-achieved accuracies for 2-class, 3-class, 4-class and 5-class classifications are 86.5, 80.5, 63.5 and 73.7, respectively.Originality/valueIn this research, VGG-16 was used to detect and classify DR stages using the TL approach. Different combinations of classes were used in the classification of DR severity stages to illustrate the ability of the model to differentiate between the classes and verify the effect of these changes on the performance of the model.

Have China's exports improved the export technology level of the other BRICS countries? An empirical analysis based on data from SITC

2021 ◽  
Vol ahead-of-print (ahead-of-print) ◽  
Author(s):  
Feng Jiang ◽  
Chaofan Chen ◽  
Qingxin Lan ◽  
Zhaoyi Zhu
Keyword(s):  
Design Methodology ◽  
Export Trade ◽  
General Equilibrium Theory ◽  
Content Type ◽  
Global Competitiveness ◽  
Brics Countries ◽  
Trade Model ◽  
Technological Improvement ◽  
Trade Competitiveness ◽  
Technology Level

PurposeThe purpose of this paper is to analyze whether China's exports can effectively improve the global competitiveness of other BRICS countries' exports from the perspective of intra-BRICS export trade.Design/methodology/approachThis paper extends the multinational trade model and analyzes the mechanism of the technological upgrading effect from the perspective of dynamic general equilibrium theory. In addition, this paper uses the export panel data of 217 products with three-digit SITC codes from China to other BRICS member countries from 2000 to 2016 and constructs a dynamic empirical model for parameter estimation.FindingsThe results show that China's exports to other BRICS member countries can effectively promote the technological improvement of other BRICS member countries' export products. In particular, the formal establishment of the BRICS organization in 2010 has significantly improved the efficiency of China's export technology optimization.Originality/valueIn the background of the prevalence of anti-globalization and the proliferation of protectionism, this paper proves that the deepening of trade cooperation between other BRICS members with China can help optimize their own international trade competitiveness and allow China's development dividend to benefit more countries and people.

scholarly journals Accounting for the messiness of the research process: the fieldpath approach

2018 ◽  
Vol 13 (4) ◽  
pp. 315-332 ◽  
Author(s):  
Perttu Salovaara
Keyword(s):  
Qualitative Research ◽  
Design Methodology ◽  
Research Process ◽  
Content Type ◽  
Environmental Consequences ◽  
Human Ethics ◽  
Conceptual Paper ◽  
The Common ◽  
Practical Implications

Purpose It has recently become more acknowledged that there is a quality of “messiness” to the qualitative research process. The purpose of this paper is to introduce the fieldpath approach—a hermeneutically inspired framework—to account for the non-linearity, uncertainty and ambiguity of the research process. Design/methodology/approach This conceptual paper reviews how the scope of hermeneutics has been partly misunderstood. The paper discusses how the scope of hermeneutics has lately been expanded by works such as Günter Figal’s (2010) Objectivity: The Hermeneutical and Philosophy. Findings The fieldpath approach proposes that a heightened relation to materiality enables the messiness of the process to be preserved, while at the same time offering a way to find one’s footing in the midst of ontologically incomplete phenomena that are still—in a processual fashion—forming and becoming. Research limitations/implications This is a conceptual paper. In addition to the research mentioned here, more studies would be needed to legitimise, test and refine the approach. Practical implications Objectivity provides an additional criterion for researchers to lean on when facing the non-linearity and unexpected turns inherent in the qualitative research process. Social implications The stress on materiality involves an ethical dimension. Post-human ethics are concerned with the future environmental consequences and sustainability of the material world. The way that matter matters in our methodologies is of primary importance. Originality/value First, the paper emphasises that hermeneutics, contrary to the common perception, does offer criteria for evaluating between interpretations. Second, it introduces the notion of hermeneutic objectivity, which stresses the importance of materiality for interpretations. Third, it introduces the fieldpath approach, which, based on the previous criterion of hermeneutic objectivity, allows for the messiness of the research process, while also preserving a tight grip on the hermeneutic imperative of “understanding in a new way”.

Human sensitivity towards nature: Eastern and Western perspectives

2015 ◽  
Vol 12 (3) ◽  
pp. 172-182 ◽  
Author(s):  
Anne K. Randerson
Keyword(s):  
Comparative Literature ◽  
Design Methodology ◽  
Positive Influence ◽  
Human Beings ◽  
Basic Difference ◽  
Content Type ◽  
True Value ◽  
Human Situation ◽  
Conceptual Paper ◽  
The Universe

Purpose – The purpose of this paper is to focus on the religious and philosophical ways humans view nature, and how we perceive and treat our planet, including all its living entities. Its purpose is to make a positive influence on individuals living in the Eastern and Western hemispheres, so that those who are unaware may be given an unexpected glimpse at our current human situation, which appears increasingly discouraging with regard to sensitivity towards nature. Design/methodology/approach – By offering a subtle, insightful view of human nature and its connection to religion and the universe, rather than facts and statistics on pollution alone, this conceptual paper introduces theoretical and philosophical discussions from comparative literature as well as narratives from actual interviews conducted in Japan. Findings – As human beings, we need to better define our position in this world, in order to learn to appreciate the true value of our own existence. With regard to the question of where humans lie in nature, a basic difference exists between Asian and Western views. The Asian view of nature has traditionally regarded humans and the universe as continually interacting together – human beings are an integral part of life. This differs from the basic Western notion of humans and nature comprising two separate, opposing elements. Originality/value – This paper offers readers a deeper understanding of how humans feel and perceive nature, to help them realize how urgent it is for us to respect our natural resources on Earth.

scholarly journals Work + learning: unpacking the agglomerated use of pedagogical terms

2021 ◽  
Vol ahead-of-print (ahead-of-print) ◽  
Author(s):  
Lee Fergusson ◽  
Luke van der Laan
Keyword(s):  
Workplace Learning ◽  
Educational Outcomes ◽  
Design Methodology ◽  
Theory And Practice ◽  
Shared Understanding ◽  
Content Type ◽  
Work Related ◽  
Conceptual Paper ◽  
Work Integrated Learning ◽  
Distinguishing Features

PurposeThe association of work and learning has been well established for many years. However, some of the terms used to describe the various pedagogies related to work and learning have been used interchangeably, with many lacking definitional clarity and scope. These include work-related learning (WRL), work-based learning, workplace learning (WPL) and work-integrated learning (WIL). This agglomerating approach to usage has resulted in pedagogical confusion and what some theorists call a “problematization” for the field, resulting in undermining shared understanding and potential benefit. The purpose of this conceptual paper is an attempt to unpack the meaning and application of some of the key pedagogical terms used in the applied field of work + learning theory and practice.Design/methodology/approachConceptual modelling and qualitative descriptions of each pedagogy.FindingsMany of the work + learning pedagogies do overlap and cohere but attempts to create umbrella terms, which apply to all theories and approaches, are misguided; definitional clarity with the different modes of practice is required for sustainable educational outcomes.Originality/valueA proto-theoretical model, along with a breakdown of distinguishing features of each term as well as their source in the published literature, has been developed to improve clarity and aid the future praxis of educators.

scholarly journals Stop going around in circles: towards a reconceptualisation of disaster risk management phases

2021 ◽  
Vol ahead-of-print (ahead-of-print) ◽  
Author(s):  
Lee Bosher ◽  
Ksenia Chmutina ◽  
Dewald van Niekerk
Keyword(s):  
Risk Management ◽  
Design Methodology ◽  
Disaster Risk ◽  
Disaster Risk Management ◽  
Review Of The Literature ◽  
Content Type ◽  
End Point ◽  
Management Concept ◽  
Conceptual Paper ◽  
Disaster Event

PurposeThe way that disasters are managed, or indeed mis-managed, is often represented diagrammatically as a “disaster cycle”. The cyclical aspects of the disaster (risk) management concept, comprised of numerous operational phases, have, in recent years, been criticised for conceptualising and representing disasters in an overly simplistic way that typically starts with a disaster “event” – and subsequently leads onto yet another disaster. Such cyclical thinking has been proven to not be very useful for the complexities associated with understanding disasters and their risks. This paper aims to present an alternative conceptualisation of the Disaster Risk Management phases, in a way that can better factor in the underlying root causes that create differential levels of vulnerability.Design/methodology/approachThis is a conceptual paper developed, through a review of the literature and discussions between the authors, as a counterpoint to the pervasive “disaster cycle”.FindingsThe “Disaster Risk Management (DRM) Helix” is presented as an alternative way of conceptualising the DRM phases. The helictical conceptualisation of DRM phases presented in this paper is intentionally presented to start a discussion (rather than as an end point) on how best to move away from the constraints of the “disaster cycle”.Originality/valueIt is envisaged that the helictical conceptualisation of DRM can be suitably malleable to include important factors such as temporal considerations and the underlying root causes that create differential levels of vulnerability. It is, thus, the intention that the DRM Helix can provide a catalyst for exciting discussions and future adaptations of the diagram that can better capture the dynamic (non-cyclical) nature of disasters and their root causes.

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