UNCAC aided information sharing (cooperation): an Indian experience

2021 ◽  
Vol ahead-of-print (ahead-of-print) ◽  
Author(s):  
Ajay Kumar
Keyword(s):  
Developing Countries ◽  
Civil Society ◽  
United Nations ◽  
Information Sharing ◽  
Design Methodology ◽  
Law And Economics ◽  
Content Type ◽  
Indian Experience ◽  
State Practice ◽  
United Nations Convention

Purpose This paper aims to investigate the obstacles to the sharing of information, as envisaged in the United Nations Convention against Corruption (UNCAC), and therefore, its accessibility to developing countries. The findings of this paper could help States to limit corruption in interstate interactions and civil society groups calling for measures that can help assess potential corruption. Design/methodology/approach This research is based on qualitative analysis – usual normative analysis was undertaken in law and economics. For this purpose, an analysis of the literature on cooperation generated by the UNCAC and State practice within defence deals was undertaken. Findings It is found that States where defence manufacturers reside can prevent information sharing and thereby hinder investigations against corruption. It is found that defence importing States can overcome the limitations of the UNCAC, to enforce information sharing, by including guarantees into their contracts. Originality/value As research on information sharing practices of States are scarce or non-existent, this paper contributes to the literature on this aspect of cooperation envisaged in the UNCAC. Further, this paper elaborates on what States could do to limit non-cooperation in the sharing of information.

Reimagining transnational validity under the CISG

2018 ◽  
Vol 17 (3) ◽  
pp. 156-168
Author(s):  
Ndubuisi Nwafor ◽  
Collins Ajibo ◽  
Chidi Lloyd
Keyword(s):  
United Nations ◽  
Design Methodology ◽  
Conceptual Approach ◽  
Content Type ◽  
United Nations Convention ◽  
The United Nations ◽  
International Sale Of Goods ◽  
Analytical Approaches

Purpose The aims and objectives of the United Nations Convention on Contracts for the International Sale of Goods (CISG) have been defeated by the intrusion of domestic laws of different contracting states in the interpretation of the provisions of this Convention. One of the most abused channels of this un-uniform interpretation is through art 4 of the CISG, which excludes the matters of validity and property from the Convention’s jurisdiction. This paper, therefore, aims to critically analyze the dangers of unsystematic reliance on the domestic laws in the interpretation of art 4 of the CISG on matters involving transnational validity and property. Design/methodology/approach The paper will use doctrinal methodology with critical and analytical approaches. The paper will incisively study the doctrines, theories and principles of law associated with validity of commercial contracts and the implications of exclusion of the doctrine of “validity” under the CISG. Findings The findings and contribution to knowledge will be by way of canvassing for a uniform transnational validity doctrine that will streamline and position the CISG to serve as a uniform international commercial convention. Originality/value This paper adopted a conceptual approach. Even though the paper ventilated the views of many writers on the issue of application of the doctrine of validity under the CISG, the paper, however, carved its own niche by making original recommendations on how to create a uniform validity jurisprudence under the CISG.

How to do business in Brazil

2017 ◽  
Vol 33 (8) ◽  
pp. 36-38
Keyword(s):  
Developing Countries ◽  
Latin America ◽  
Design Methodology ◽  
Reading Time ◽  
Content Type ◽  
Business People ◽  
The World ◽  
Pertinent Information ◽  
Specific Culture ◽  
Practical Implications

Purpose This paper aims to review the latest management developments across the globe and pinpoint practical implications from cutting-edge research and case studies. Design/methodology/approach This briefing is prepared by an independent writer who adds their own impartial comments and places the articles in context. Findings It is said that Latin America is one of the hardest places in which to do business, and within Latin America as well as considering the differing challenges that Argentina or Columbia may present, Brazil is perhaps the most difficult place to go to in order to develop trade and commercial agreements. In addition to the different language as compared to the rest of the region, there is a very specific culture and life view that will be wholly alien to many business people, whether they are from developed or developing countries around the world. Practical implications The paper provides strategic insights and practical thinking that have influenced some of the world’s leading organizations. Originality/value The briefing saves busy executives and researchers hours of reading time by selecting only the very best, most pertinent information and presenting it in a condensed and easy-to-digest format.

ON and DP v. Russian Federation

2021 ◽  
Vol 194 ◽  
pp. 463-486
Keyword(s):  
Human Rights ◽  
United Nations ◽  
Russian Federation ◽  
Gender Stereotypes ◽  
Case Law ◽  
Due Diligence ◽  
Lesbian Women ◽  
Content Type ◽  
Rule Application ◽  
United Nations Convention

463Human rights — Women’s rights — Elimination of discrimination against women — Sexual orientation — Exhaustion of domestic remedies — Due diligence obligations — Obligation to investigate — Requirement of prompt and impartial investigation — Protection of lesbian women from violence — Gender stereotypes — Committee case law and general recommendations — Remedies — Whether Russian Federation violating Articles 1, 2 and 5 of United Nations Convention on the Elimination of All Forms of Discrimination against Women, 1979International tribunals — Jurisdiction and admissibility — United Nations Committee on the Elimination of Discrimination against Women — Local remedies rule — Application in light of time bar under national law

Contrasting supply chain traceability and supply chain visibility: are they interchangeable?

2021 ◽  
Vol ahead-of-print (ahead-of-print) ◽  
Author(s):  
Vivek Roy
Keyword(s):  
Supply Chain ◽  
Supply Chain Management ◽  
Information Sharing ◽  
Design Methodology ◽  
Relevant Literature ◽  
Future Research ◽  
Critical Element ◽  
Effective Management ◽  
Chain Management ◽  
Content Type

PurposeSupply chain traceability and supply chain visibility have become a critical element for the effective management of contemporary complex supply chains. At their core is information sharing, which has been acknowledged as a key prerequisite for logistics and supply chain performance, but whose notional underpinnings have not been delineated fully, leading to interchangeable deployment of these terms. Addressing the shortcoming, this paper aims to establish a contrast between the two notions.Design/methodology/approachDrawing from systematic review protocols, a multi-disciplinary review scope is constructed wherein the synthesis is strategized to primarily channel implications for the scholarship of logistics and supply chain management. The review is aimed at addressing two research objectives: (1) how the notions of traceability and visibility in supply chain management develop contrast in terms of their thematic emphasis and (2) to attain an integrative understanding of the notional convergence and divergence between supply chain traceability and visibility for raising strategic recommendations.FindingsThe review outcomes help contrast both the convergence and the divergence between traceability and visibility in the supply chain environment, and the differentiated but fundamental role that information sharing plays within these notions to outline why they are not interchangeable.Originality/valueThe originality of the findings lies in the conceptual synthesis of the relevant literature from both technological and non-technological perspectives to ultimately draw logistics and supply chain management implications. The review also points out key strategic considerations to demarcate the notional boundaries of traceability and visibility in future research.

Systemic corruption and public procurement in developing countries: are there any solutions?

2018 ◽  
Vol 18 (2) ◽  
pp. 131-147 ◽  
Author(s):  
Sope Williams-Elegbe
Keyword(s):  
Quality Of Life ◽  
Developing Countries ◽  
Design Methodology ◽  
Public Procurement ◽  
Content Type ◽  
Asymmetry Of Information ◽  
Culture Of Silence ◽  
Systemic Corruption

Purpose Corruption affects development and quality of life of citizens in affected countries. The increase in anti-corruption measures globally reflects a consensus that corruption is pervasive and costly. Public procurement is one area in which corruption manifests because of the sums of money involved; the asymmetry of information; and the bureaucratic nature of decision-making, which presents opportunities for abuse. In developing countries, procurement corruption is rife because of institutional weaknesses, lack of enforced accountability mechanisms and culture of silence in relation to public sector malfeasance. Design/methodology/approach This paper examines procurement corruption in countries with systemic corruption, using Nigeria as a case study, to determine how to reduce public procurement corruption. Findings The paper will highlight prevalent corrupt schemes in public procurement in Nigeria, examine the reasons for the failure of state anti-corruption institutions and analyze the kinds of initiatives that reduced procurement corruption and increased accountability in other countries and the utility of adopting such mechanisms in the Nigerian context.

What challenges and opportunities will lead to success?

2018 ◽  
Vol 10 (6) ◽  
pp. 631-634 ◽  
Author(s):  
Jorge Costa ◽  
Mónica Montenegro ◽  
João Gomes
Keyword(s):  
International Economic ◽  
Developing Countries ◽  
Content Analysis ◽  
Design Methodology ◽  
Theme Issue ◽  
Content Type ◽  
Income Sources ◽  
Tourist Flows ◽  
Challenges And Opportunities ◽  
Shed Light

Purpose This paper aims to introduce the papers in this issue and explain the pertinence of the strategic question. Design/methodology/approach A brief context for the strategic question is provided, as well as the issue alignment and a content analysis of the papers selected. Findings From the analysis of the papers selected for this theme issue, it becomes clear that tourism has become one of the major players in international economic, social and technological sectors, while representing one of the main income sources for developed and developing countries. Originality/value The papers selected for this issue shed light on an important problem: increasing tourist flows and overtourism at some world top destinations.

Alternative tourism and civil society in Athens

2019 ◽  
Vol 5 (1) ◽  
pp. 51-62
Author(s):  
Hecate Vergopoulos
Keyword(s):  
Civil Society ◽  
Economic Crisis ◽  
Design Methodology ◽  
Ethical Issues ◽  
Content Type ◽  
Alternative Tourism ◽  
Political Perspective ◽  
Web Forum ◽  
Guided Tours ◽  
Do So

Purpose The purpose of this paper is to tackle the issue of the meaning of tourism as it is being crippled by the economic crisis in Greece. Design/methodology/approach To do so, it brings together the findings of three different fieldworks related to tourism in Athens in times of crisis. Each one of these focuses on a specific player of tourism: a linguistic and semiological analysis led mainly on travel guides and ad campaigns deals with the industry of tourism; a linguistic analysis of tourists’ posts on a French web forum deals with the tourists themselves; and an ethnographical approach of alternative guided tours of Athens focuses on local players (associations and cooperatives offering out of the beaten tracks tours). Findings The whole study reveals that there is a misunderstanding between the industry and the consumers toward what the tourist practice should mean: whereas the tourists are in search of an ethical meaning, the industry claims there is no room for such issues. The alternative players, however, offer a political perspective that embraces the ethical issues raised by tourists. Originality/value They thus might, in the end, show us the way a so-called “civil society” could also have its own role to perform in tourism.

La zone économique exclusive dans la pratique des États

1998 ◽  
Vol 35 ◽  
pp. 3-55 ◽  
Author(s):  
Francis Rigaldies
Keyword(s):  
United Nations ◽  
Scientific Research ◽  
Law Of The Sea ◽  
Basic Principles ◽  
Judicial Decisions ◽  
State Practice ◽  
United Nations Convention ◽  
The United Nations ◽  
The Law

SummaryThe use of the concept of an exclusive Economie zone has increased since the adoption of the United Nations Convention on the Law of the Sea. However, the characterization of this zone varies greatly between States. This article presents an exhaustive survey of the concept of an exclusive Economie zone. The author discusses the types of jurisdiction exercised by States in their uses of an exclusive Economie zone. Disparity exists between the provisions of the Convention and State practice in some specific areas: for example, the provisions on the environment and on scientific research. Despite these exceptions, the author maintains that the basic tenets of the Convention are respected in State practice. State declarations as well as arbitral and judicial decisions show that the Convention and State practice are together evolving to reinforce the basic principles of the concept of an exclusive Economie zone.

scholarly journals Reconciling contracts and relational governance through strategic contracting

2018 ◽  
Vol 33 (3) ◽  
pp. 265-276 ◽  
Author(s):  
Bent Petersen ◽  
Kim Østergaard
Keyword(s):  
Design Methodology ◽  
Law And Economics ◽  
Analytical Framework ◽  
Marketing Management ◽  
Relational Governance ◽  
Content Type ◽  
Industrial Marketing ◽  
Rent Theory ◽  
Practical Implications ◽  
Contingency Approach

Purpose In an industrial marketing context of manufacturer–distributor collaboration, this law and economics paper aims to contrast two approaches to contracting: conventional and strategic. Design/methodology/approach Based on relational rent theory, this paper provides an analytical framework for juxtaposing conventional and strategic contracting. A contingency approach is applied to formulate propositions as to when conventional versus strategic contracting is preferable. Findings The distinction between conventional and strategic contracting has implications as to whether relational governance substitutes or complements formal contracts (the substitution versus complements perspectives). Strategic contracting results in complementarity (rather than substitutability) between formal contracts and relational governance. Research limitations/implications This paper argues that a more nuanced view on contract types, such as strategic versus conventional, may reconcile the enduring research controversy between the substitution and complements perspectives. Practical implications Today, formal contracts with foreign distributors tend to resemble “prenuptial agreements”. The opportunity for relational rent (e.g. manifested in higher export revenues) grows if conventional contracts are superseded by contracts following strategic contracting principles. Originality/value This study is interdisciplinary, not only by its combination of marketing, management and contractual economics but also through its law and economics amalgamation.

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