Conflicts of Interest in Sport: A Comparative Analysis of International and European Remedies

2020 ◽  
Vol 7 (2) ◽  
pp. 201-224
Author(s):  
Antonio Di Marco

This research studies the management of conflicts of interest in sporting context, trough a comparative analysis of the current wave of reforms at national and international level. It suggests that the notion of conflict of interests in sport is wholly specific and it requires particular remedies, illustrating potential convergences with the public and private governance practices. Firstly, the paper identifies the endemic conflicts of interest due to the specific pyramid structure of sports movement, and the individual conflicts of interest that could occur in sporting organisations. Secondly, it detects the solution foreseen by the European authorities and the recent reforms concerning the sporting organizations adopted at national and international level. The study shows the elements that characterize conflicts of interest in sporting context, identifying convergences, limits, and the specific solutions suggested by the ethical and social function of sport.

Author(s):  
Andrew M. Yuengert

Although most economists are skeptical of or puzzled by the Catholic concept of the common good, a rejection of the economic approach as inimical to the common good would be hasty and counterproductive. Economic analysis can enrich the common good tradition in four ways. First, economics embodies a deep respect for economic agency and for the effects of policy and institutions on individual agents. Second, economics offers a rich literature on the nature of unplanned order and how it might be shaped by policy. Third, economics offers insight into the public and private provision of various kinds of goods (private, public, common pool resources). Fourth, recent work on the development and logic of institutions and norms emphasizes sustainability rooted in the good of the individual.


2019 ◽  
Vol 49 (2) ◽  
pp. 206-219
Author(s):  
Jonghyun Kim

This article analyzes the formative power of the Korean dawn prayer service to better understand the public and private dimensions of Christian spirituality. It explores the origin of the dawn prayer in the history of Korean Protestantism, and examines an example from a particular church. On the basis of this exploration, it is argued that the dawn prayer service should not be understood as an instrument to strengthen individual spirituality, but rather as a place to participate in God’s redemptive work to and for the world. Both the individual and communal aspects of dawn prayer practice are important, but I will argue that current Korean practice leans too much toward the individual.


2019 ◽  
Vol 47 (2) ◽  
pp. 203-230
Author(s):  
Alysia Blackham

Judges fulfil a fundamental constitutional role in democratic systems. Most research on judges, though, focuses on the public and constitutional significance of the judicial role, not the needs of individual judges. This article applies a labour law lens to help reconceive the judicial role in a way that balances the individual and collective needs of judges with the institutional and constitutional needs of the third arm of government, drawing on comparative analysis of Australia and the United Kingdom, and examples from common law countries. I argue that, while some progress has been made towards using labour law to structure and inform judicial roles, labour law offers new insights into how judges and judicial work might be supported. This may both assist judges in their individual capacity and support the judiciary as an institution. It therefore has significance for judges as individuals and the judiciary’s fundamental constitutional role.


2018 ◽  
Vol 40 ◽  
pp. 06037 ◽  
Author(s):  
Rosa De Santis ◽  
Francesco Macchione ◽  
Pierfranco Costabile ◽  
Carmelina Costanzo

The flood hazard/risk maps do not allow a non-expert audience an immediate perception of the flooding impacts. Therefore, we need to modernize maps providing new communication approaches. In this context, 3-D representations of flood inundation through emerging formats in virtual and augmented realities may be considered as a powerful tool to engage users with flood hazards. The challenge of the research is to create a virtual 3-D environment aimed at supporting the public, practitioners and decision-makers in interpreting and understanding the impact of simulated flood hazards. For this purpose, the paper aims to perform a comparative analysis of two techniques to carry out the 3-D realistic visualizations of a flood map for representing a potential flooding of the Crati River, in the old town of Cosenza (South of Italy). The first approach develops a simple and quick workflow that provides an overall look at a neighbourhood level, but reveals some limits in water level visualization at the individual buildings scale. The second one requires additional terrestrial laser scanning (TLS) acquisition and overcomes some limits of the first approach, by providing a visual insight about water level close to building façades.


2019 ◽  
Vol 26 (3) ◽  
pp. 554-574 ◽  
Author(s):  
Yijun Zhou ◽  
Yu Yang ◽  
Jyh-Bin Yang

Purpose Effective BIM application hinges on the development of appropriate strategies for its implementation. Though some strategies have been deployed to facilitate BIM implementation in China, their outcomes are not clear. The purpose of this paper is to provide recommendations regarding appropriate strategies for promoting the development and implementation of BIM in China based on lessons learned from advanced implementation experiences in other countries. Design/methodology/approach First, existing strategies are investigated and barriers to BIM implementation mentioned in previous studies are summarized. Then, the identified barriers are mapped to the strategy contents. Finally, a comparative analysis on different areas is conducted to propose suggestions for identified items of BIM implementation strategies that need to be improved. Findings Six unaddressed barriers to BIM implementation strategies in China were identified from the mapping results: insufficient government lead/direction, organizational issues, legal issues, high cost of application, resistance to change of thinking mode and insufficient external motivation. Originality/value The findings of this study can be used to facilitate the development of appropriate strategies within the public and private sectors for promoting BIM implementation in China and elsewhere.


2010 ◽  
Vol 36 (115) ◽  
pp. 285
Author(s):  
José N. Heck

A moderna concepção de indivíduo justifica-se na esfera pública. O termo publicidade remonta ao modo privado de pensar, no século XVIII, por parte de pessoas que tinham o costume, à maneira iluminista, de ler livros, eram rotineiramente informadas por jornais, criavam associações de leitura e freqüentavam espaços comuns de lazer em cafés, salões e parques, onde à época eram discutidas novas idéias advindas de longe, oriundas dos grandes centros urbanos com universidades centenárias. Esta congruência entre uso privado e público da razão, Kant a contrapõe a um uso específico de razão, privativo a pessoas que exercem funções e cumprem ordens em obediência a comandos superiores, como é o caso dos funcionários públicos; ou seja, na contramão do emprego hoje usual da palavra, o filósofo alemão predica à denominação uso privado aquele que o sábio pode fazer de sua razão em um certo cargo público ou função a ele confiada. Kant estabelece, ao longo de sua obra, o princípio da publicidade como a âncora legitimadora de sua filosofia moral, política e jurídica.Abstract: The modern concept of the individual is justified in the public sphere. The term publicity first appeared in the 18th century to describe the private manner of thinking of those who, following the general enlightenment custom, were used to reading books. These people were kept regularly informed by journals; created reading associations and frequented shared leisure areas in cafés, salons and parks where new ideas coming from afar, originated in the great urban centers with century-old universities, were discussed. Kant opposes this congruency between the public and private uses of reason to a specific use of reason, particular to those who fulfill functions and obey superior orders, as is the case of civil servants. Contrary to the normal usage of the word today, the German philosopher recognizes in the term private use that which the scholar can do with reason in a certain public office or function confided to him. Throughout his work, Kant establishes the principle of publicity as a legitimate anchor for his moral, political and juridical philosophy.


2015 ◽  
Vol 10 ◽  
Author(s):  
Åsa Tjulin ◽  
Ulrika Müssener ◽  
John Selander ◽  
Kerstin Ekberg

Purpose: The objective of this article was to investigate how individual learning emerges among workplace actors during the return-to-work process, and whether the prerequisites for collective learning at the workplace are present and managed by the actors. Learning in this context is viewed as a change in the preconceptions, experience or competence of the individual as a result of interactions in the workplace due to the return-to-work process. Method: A qualitative method was used, consisting of open-ended interviews with 19 individuals across 11 workplaces in the public and private sector. Inductive content analysis was performed. Results: The key findings from this study are that individual learning emerges in the return-to-work process due to previous experience, communication with other workplace actors, or insights into what works for the individual. However, the individual learning that occurs in the return-to-work process is not carried over into workplace learning due to barriers in understanding the needs and opportunities that may be present in the process. Conclusion: Our findings suggest that individual learning occurs within social practices through social interaction between the actors involved (workers on sickness absence supervisors and colleagues) and individual experiences. A greater knowledge of the factors that contribute to workplace learning could facilitate biopsychosocial and ecological return-to-work interventions, which allow workplace actors to draw on previous experiences from one return-to-work process to another.


2012 ◽  
Vol 30 (2) ◽  
pp. 423-448
Author(s):  
Joshua Stein

Assault is a commonplace crime with uncommon potential for shedding light on the American criminal justice system. It lives on the periphery of American legal historiography, and yet, because of the ubiquity of small-scale violence, it has for centuries been a perennial and pesky nuisance threatening to overwhelm courts everywhere. Perched between private and public, criminal and civil, and bound to questions of governance and the rule of law, assault can no longer be ignored. Because of its nature as both a civil action and criminal offense, assault presents an opportunity to capture the evolving meanings of “public” and “private.” To what extent an assault was “criminal” hinged upon whether the “public” had an interest in the case, a criterion both amorphous and politically charged.1 At the time of William Blackstone's writing in eighteenth-century England, assault was criminal insofar as it constituted a breach of the public peace, an insult to the king, and a threat, by its “evil example,” to the public at large. By the 1850s, much had changed. Two major figures in American criminal justice law, Joel Bishop and Francis Wharton, declared that assault's status as a crime no longer depended upon some ineffable public harm. Rather, it was the individual injury to a member of the public that constituted its chief criminal component. But this individuated logic also meant that, barring sufficiently severe or shocking injury, newly empowered members of the public could be entrusted to sort out matters on their own. This article contends that a changing view of criminal justice—an underlying “public” transformed from a paternalistically governed, impressionable populace to a group of independent persons—gave violence a much wider legal legitimacy.


2017 ◽  
Vol 24 (4) ◽  
pp. 531-551
Author(s):  
Georgios Dimitropoulos

This article searches for paths, frameworks and modules for the measurement and evaluation of judicial independence in international law. First, it discusses the measurability of the concept. Judicial independence, both as such and especially at the international level, is very difficult to measure, given the ambivalence of some proxies and variables that have been used in empirical research in order to measure it, and given the competing interests and actors in international adjudication: independence does not stand alone as the only value that needs to be protected in international adjudication. Second, the article presents methodologies for the evaluation of international judicial independence. The three competing methodologies are (i) the subjective, which looks at the subjective perception of the judges themselves or the public; (ii) the output-based, which looks at the decisions of the courts and tribunals; and (iii) the institutional, which looks at the personal independence guarantees of the judge, and the organizational safeguards of independence. Finally, this article presents its preferred model for the measurement of international judicial independence. The study takes an institutional-psychological approach that focuses on the judge and the individual institutions.


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