On Balancing Foreign Investment Interests with Public Interests in Recent Arbitration Case Law in the Public Utilities Sector

2012 ◽  
Vol 11 (1) ◽  
pp. 47-76 ◽  
Author(s):  
Attila Tanzi
Keyword(s):  
Foreign Investment ◽  
Legal Reasoning ◽  
Well Being ◽  
Case Law ◽  
International Investment ◽  
Public Utilities ◽  
Public Interests ◽  
The Public ◽  
Special Regard ◽  
The Relationship

Abstract This article addresses the relationship between the protection of foreign investment and the protection of public interests of host States, with special regard to the public utilities sector when privately operated by foreign investors. It primarily focuses on an assessment of the scope of the concept of public interest particularly in the light of the interpretative developments concerning national security and general well-being that may be affected by foreign investment. The article highlights the trend gradually emerging from the recent international investment arbitration case law towards the harmonization between foreign investment interests and local public interests. It considers the policy rationale behind such a trend, as well as the legal reasoning and principles, with special regard to due diligence and proportionality, which may possibly enhance it.

Analysing SST 2.0 Tax Burden through the Element of Principle of Good Tax Policy

2021 ◽  
Vol 12 (1) ◽  
pp. 113-113
Author(s):  
Nur Erma Mohamed Jamel ◽  
Nadiah Abd Hamid ◽  
Sarini Azizan ◽  
Roshayani Arshad ◽  
Rani Diana Othman ◽  
...  
Keyword(s):  
Sustainable Development ◽  
Tax Policy ◽  
Well Being ◽  
Tax Burden ◽  
The Public ◽  
Goods And Services ◽  
Regressive Tax ◽  
Development Goals ◽  
The Relationship ◽  
Economic Well Being

Since the 70s, the focus of the Malaysian government on sustainable development is to improve the economic well-being of its society. In September 2015, Malaysia reaffirmed this commitment with the other United Nations countries by implementing the 2030 Agenda for 17 Sustainable Development Goals (SDGs), focusing on the bottom 40% of households (B40). Unfortunately, the implementation of Goods and Services Tax (GST) on 1st April 2015, followed by Sales and Services Tax (SST) 2.0 on 1st September 2018 impacted all income groups especially B40. The public especially B40 claimed that indirect tax is regressive and burdensome (MIER, 2018). Hence, the present study aims to identify the existence of SST 2.0's tax burden assessing through the relationship between elements of guiding principles of good tax policy. Keywords: Sales and Service Tax, enforcement, regressive, tax burden, fairness.

scholarly journals Análisis del crecimiento económico y desarrollo humano de las entidades federativas de México en el periodo 2005 – 2010

UVserva ◽  
2018 ◽  
Author(s):  
León Felipe Beltrán Guerra ◽  
Jorge Luis Arellanez Hernández ◽  
Enrique Romero Pedraza
Keyword(s):  
Public Expenditure ◽  
Public Spending ◽  
Well Being ◽  
Infrastructure Development ◽  
Social Infrastructure ◽  
The Public ◽  
Life Conditions ◽  
Calidad De Vida ◽  
The Relationship ◽  
Bienestar Psicologico

El gasto público en México se orienta a crear condiciones de desarrollo humano, salud y bienestar social por parte del Estado a través de su estructura federal. Se busca identificar cuál es el comportamiento de los indicadores de crecimiento y desarrollo de las entidades federativas en México en el periodo comprendido de 2005 a 2010. Con el análisis estadístico, se concluye que la relación entre el gasto público, destinado a rubros de salud, educación, desarrollo de infraestructura social, tiene una baja correlación con los índices de desarrollo en el país. Las variaciones no son significativas pero si las diferencias entre entidades federativas. El análisis de los indicadores mencionados, pretende mostrar que el gasto público no impacta claramente en las condiciones de salud, desarrollo y bienestar social de los mexicanos, elevando su calidad de vida.Palabras clave: Gasto público; Indice de Desarrollo Humano; bienestar psicológico; calidad de vida; condiciones de vida AbstractPublic spending in Mexico aims to create conditions of human development, heal­th and social well-being by the State through its federal structure. Our target is to identify what is the behavior of the indicators of grow­th and development in Mexico in the period of 2005-2010. After the statistical analysis, it is concluded that the relationship between pu­blic spending aimed at areas of health, educa­tion, social infrastructure development, has a low correlation with development index in the country. The variations in this index are not significant in the years analysed, but the diffe­rences between states does. The proposal aims at the public spending for being reflected sig­nificantly in the conditions of health, develop­ment and welbeing of Mexican people.Keywords: Public expenditure; Human develo­pment Index; Psychological well-being; Quali­ty of life; Life conditions 

scholarly journals THE LEGAL PRACTITIONERS ACT: A CODE FOR REGULATING THE CONDUCT OF LAWYERS IN NIGERIA*

2013 ◽  
Vol 7 (3) ◽  
Author(s):  
Michael Chukwujindu Ogwezzy
Keyword(s):  
Rule Of Law ◽  
Case Law ◽  
Professional Advice ◽  
The Public ◽  
Important Development ◽  
The Relationship

The legal practitioner is an expert whose services and expertise are required bymembers of the public. He is expected to maintain the highest standards of professionalconduct, etiquette and discipline in the discharge of his duties. In addressing himself as a legalpractitioner he represents to those who depend on his professional advice and other servicesthat he has the requisite acumen and expertise. For this reason, under the general common lawand the rule in Hedley Byrne & Co Ltd v. Heller & Partners Ltd, the lawyer can be held liablefor professional negligence. This paper will address “the Relationship between a Lawyer andthe Client” in the Context of the Legal Practitioners Act and Case Law as negligence inhandling of a client’s affairs may be of such a nature as to amount to professional misconductand if sued by the client will warrant prosecution and punishment of the Legal Practitioner.This is because it is the duty of a lawyer to devote his attention, energy and expertise to theservice of his client and, subject to any rule of law, to act in a manner consistent with the bestinterest of his client. He shall consult with his client in all questions of doubt; and keep theclient informed of the progress and any important development in the matter as may bereasonably necessary and warn his client against any particular risk which is likely to occur inthe course of the matter.

scholarly journals The Relationship Between Initial Tender and Mini-Competition: EU and Lithuanian Perspectives on Framework Agreements

Teisė ◽  
2021 ◽  
Vol 121 ◽  
pp. 45-61
Author(s):  
Marta Andhov ◽  
Deividas Soloveičik
Keyword(s):  
Public Procurement ◽  
Case Law ◽  
Legal Framework ◽  
Legal Regulation ◽  
Legal Doctrine ◽  
Related Case ◽  
Framework Agreement ◽  
The Public ◽  
Two Stages ◽  
The Relationship

The article conducts a comprehensive scholarly analysis of framework agreements – a public procurement technique often used across different European jurisdictions. Besides examining the general legal framework of the EU and Lithuanian law on framework agreements, the article also examines the newest EU case law. The authors analyse the relationship between the initial tender procedure establishing the framework agreement and the subsequent mini-competition that follows under the former to award the public contract. In contrast to the Lithuanian legal regulation and related case law, the authors argue that these two stages are interconnected and must be viewed as a unified part of the same procurement process in line with European legal doctrine. Finally, the article highlights the differences between framework agreements and public contracts.

scholarly journals MAQASID AL-SYARIAH & HUMAN WELL-BEING: A STUDY ON MELAKA’S PUBLIC HOUSING

2018 ◽  
Vol 16 ◽  
Author(s):  
Syafiee Shuid ◽  
Muhammad Faid Mohd Zamin
Keyword(s):  
Public Housing ◽  
Physical Environment ◽  
Social Group ◽  
Human Life ◽  
Well Being ◽  
Satisfaction Level ◽  
The Public ◽  
The People ◽  
Efficient Protection ◽  
The Relationship

The need for proper housing for the people is an undeniable necessity that should be constantly monitored and researched. Housing opportunities should be made available for every individual, regardless of their income as it can be considered as one of the basic necessities for human life. In Islam, it preaches on a just, ethical, non-discriminatory (Qayyim, 1347 C.E.) and efficient protection of its follower’s well-being, especially in providing social necessities such as housing. The relationship between the function of Maqasid al-Syariah and the public housing would be examined in this paper to determine the effectiveness of the Maqasid al-Syariah in the protection of human well-being. In order to analyze the relationship, a set of questionnaires pertaining on the satisfaction level of the society towards the housing market is distributed to 400 respondents equally divided among the three districts in Melaka. The study also concerns itself with the public housing community, as the focus of this research is aimed at the bottom 40% social group in Melaka. Under the Maqasid al-Syariah, the three domains which are the darurriyat (needs), hajiyyat (necessities), and tahsiniyyat (luxuries) are analysed based on the homeownership, housing condition, financial capacity and physical environment.

scholarly journals A Comparison of Public Perceptions of Physicians and Veterinarians in the United States

2020 ◽  
Vol 7 (2) ◽  
pp. 50
Author(s):  
April A. Kedrowicz ◽  
Kenneth D. Royal
Keyword(s):  
United States ◽  
Well Being ◽  
The United States ◽  
Public Perceptions ◽  
Medical Specialties ◽  
The Public ◽  
Veterinary Profession ◽  
The Relationship ◽  
Health And Well Being ◽  
Research Show

Veterinary medicine consists of virtually the same medical specialties as human medicine, with veterinarians performing similar roles as medical doctors, albeit with different species. Despite these similarities, anecdotally, some perceptions of veterinarians as not “real doctors” persist. The purpose of this study was to explore and compare public perceptions of physicians and veterinarians. Participants were provided brief definitions of a physician and a veterinarian and then asked to provide a rating that best describes their perception with respect to 25 different personality characteristics/traits. A sample of 606 participants (unweighted) in the United States completed the survey. The results of this research show that the public tends to perceive veterinarians more favorably than physicians. More specifically, veterinarians were viewed as more approachable, sensitive, sympathetic, patient and understanding, while physicians were viewed as more proud, arrogant and overconfident. These results point to the favorable public perceptions of veterinarians. These findings are particularly relevant for veterinary educators who train the future workforce and have a significant role both in how the profession is portrayed and emphasizing the relationship between the public trust and social responsibility. Reinforcing the public’s strong trust in the veterinary profession throughout students’ education could enhance their own self-concept, self-esteem and overall mental health and well-being.

scholarly journals A Scoping Review of How Income Affects Accessing Local Green Space to Engage in Outdoor Physical Activity to Improve Well-Being: Implications for Post-COVID-19

2020 ◽  
Vol 17 (24) ◽  
pp. 9313
Author(s):  
Llinos Haf Spencer ◽  
Mary Lynch ◽  
Catherine L. Lawrence ◽  
Rhiannon Tudor Edwards
Keyword(s):  
Physical Activity ◽  
Scoping Review ◽  
Research Question ◽  
Health Benefits ◽  
Well Being ◽  
Green Spaces ◽  
The Public ◽  
Lower Socioeconomic ◽  
The Relationship ◽  
Health And Well Being

Background: The National Institute for Health and Care Excellence (NICE) has set out guidance for promoting physical activity (PA) in the physical environment to promote health and well-being. The aim of this selective scoping review was to investigate the influence of gross income on accessing local green spaces to engage in PA and the associated health benefits. Methods: A scoping review was conducted of international literature to facilitate the clarification of the research question. Findings: 15 papers were critically appraised under two themes: (1) environments and well-being and (2) PA and income/socioeconomic status and impact on the frequency, duration and opportunity to engage in PA. Interpretation: Income is related to differential use of green and blue spaces for PA, due mainly to access issues. People who live in lower socioeconomic areas tend to be more sedentary and there are also gender differences related to PA in built environments. Conclusion: There is an effect of income in using green spaces for PA, but the relationship is non-linear, and there is still a lack of knowledge about what kind of green spaces are best for health benefits. The COVID-19 pandemic highlighted the importance of accessing green local spaces to engage in physical exercise to improve well-being among the public.

Introduction

2012 ◽  
Author(s):  
Frank Trentmann
Keyword(s):  
Material Culture ◽  
Social Order ◽  
Well Being ◽  
Modern World ◽  
Future Research ◽  
Consumer Society ◽  
The Public ◽  
Global Exchange ◽  
The Relationship ◽  
And Diffusion

This volume follows several of the most exciting recent pathways into consumption and its history, re-examines old debates, and looks ahead to questions for future research. It looks at several rich traditions of material culture that existed prior to modernity with which consumer society is often conflated. The book examines the public as well as private face of consumption, in relation to public life and social order as well as the organization of households and social groups. It also discusses the movement of goods between societies, along with questions of global exchange and diffusion in the early modern world. The book then explores luxury and necessity, the luxury wars, patterns of possessions and diet in town and country, changes in the standard of living, the life cycle of consumption from the desire to consume in the future (saving), the use of energy to be comfortable and run things, and the politics of consumption. Finally, it considers the relationship between consumers and civil society, status, family life, generational identities, fashion, and well-being.

How Cutbacks and Job Satisfaction Are Related: The Role of Top-Level Public Managers’ Autonomy

2015 ◽  
Vol 38 (1) ◽  
pp. 5-23 ◽  
Author(s):  
Joris van der Voet ◽  
Steven Van de Walle
Keyword(s):  
Job Satisfaction ◽  
Explanatory Variable ◽  
Well Being ◽  
Negative Consequences ◽  
The Public ◽  
Work Related ◽  
Public Managers ◽  
Cutback Management ◽  
The Relationship

Many studies on cutback management have suggested that cutbacks may have negative consequences for employee well-being in the public sector. However, the relationship between cutbacks and the work-related attitudes of top-level managers has received little attention. In this study, we assess the relationships between five commonly used cutback measures and the job satisfaction of top-level public managers in 12 European countries. We propose and test a model in which autonomy serves as an explanatory variable for the relationship between cutbacks and job satisfaction. The results indicate that cutback measures have little direct effect on the job satisfaction of managers. However, as cutback measures are related negatively to the perceived managerial autonomy of public managers and positively to the degree in which politicians interfere in the affairs of managers, autonomy may function as a mechanism to explain decreased job satisfaction as a result of cutback implementation.

Inclusive Aspects of Urban Design: Sociability, Walkability and Overall Ambiance

2017 ◽  
Vol 05 (01) ◽  
pp. 1750001 ◽  
Author(s):  
Aneela YASEEN
Keyword(s):  
Physical Activity ◽  
Decision Making ◽  
Urban Design ◽  
Urban Space ◽  
Well Being ◽  
Health Improvement ◽  
The Public ◽  
Relationship Of ◽  
Mental Well Being ◽  
The Relationship

Urban design is a multifaceted process that interfaces various aspects, extending from community physical activity and health improvement to social and environmental fields. An efficient urban design requires understanding of ideas, paradigms, and research from many dimensions of knowledge, i.e. anthropology, sociology, engineering, architecture, and urban planning. The debate in this paper is based on the fact that the sociability of a society is dependent on its urban design prototype. A systemic urban design increases the opportunity for walkability, sequentially enhancing the probability of real-time social interaction. Such an urban ambiance plays a significant role in human physical and mental well-being and their behaviors. The aspects of urban space, such as sociability, walkability and overall ambiance, are appraised according to the published literature. This paper aims at collecting the already proven specifics in one piece of writing to open up avenues for further research and establish the inclusive aspects of urban design. The literature from the final decade of the 20th century to contemporary works has been considered for this instance. The research concludes that interdisciplinary engagement and participation of the public in decision-making for urban design are necessary. It recommends further exploration of the relationship of sociability, walkability and urban ambiance, and their correlation with human well-being.

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