Regulation of Business-Clients Relationships through ‘Organisational Law’

2017 ◽  
Vol 13 (2) ◽  
pp. 123-163
Author(s):  
Francesco Mezzanotte
Keyword(s):  
Methodological Approach ◽  
National Level ◽  
Corporate Law ◽  
Private Law ◽  
Commercial Law ◽  
Party Autonomy ◽  
Economic Constitution ◽  
Client Relationships ◽  
Regulatory Perspective ◽  
European Regulatory

AbstractIn the European regulatory framework, private law principles, and primarily party autonomy, may be interpreted as legal tools oriented beyond the interests of the single individuals involved in commercial transactions, and rather connected to the superior objectives of the Internal Market, and of the European Economic Constitution. Looking from this perspective at the regulation of Business-Client relationships, while it is clear that the strong interrelation of autonomy/heteronomy elements in commercial transactions calls for a methodological approach capable of providing an integrated view of regulation and private law, it also emerges that, up to now, similar attempts have been developed mainly within contract theory. The aim of this article is to test whether the regulatory perspective of European private law allows the regulation of Business-Client relationships through standards and rules not directly taken from contract law, but rather originating in other, formally different, legal branches. More specifically, attention in centred on corporate law, intended as that part of commercial law which defines the internal structure of the firm. Focus is thus put on organisational rules which are relevant within an incorporated business: the analysis starts from national rules, anchored to the traditional partition between civil law and commercial law; then it traces their rationale within the European framework, looking for hermeneutical insights capable of providing a more unified interpretation of those rules when framed back at a national level, as standards of regulatory private law.

Policy Recommendations to Reduce Toxic Exposures for Nail Salon Workers

2011 ◽  
Vol 9 (1-2) ◽  
pp. 43-50 ◽  
Author(s):  
Julia Liou ◽  
Catherine Porter ◽  
Thu Quach
Keyword(s):  
National Level ◽  
Safety Information ◽  
Health And Safety ◽  
Policy Recommendations ◽  
Safety Issues ◽  
Government Oversight ◽  
Regulatory Perspective ◽  
Nail Salon ◽  
Health And Safety Issues ◽  
Nail Salon Workers

The nail salon sector is growing rapidly. Nail salon workers are predominantly Vietnamese immigrant women who are exposed to numerous harmful chemicals in nail care products. The situation is exacerbated by limited safety information, language barriers to information, and lack of government oversight. This brief discusses the health and safety issues faced by workers at the nexus of environmental and worker justice and the policy recommendations by which to address these issues from a public health and regulatory perspective. Although these policy recommendations pertain to California where the sector is largest, they also have far-reaching implications at the national level.

scholarly journals Water Use Efficiency Current Status Assessment in the Context of WATenERgy CYCLE Project

Proceedings ◽  
2018 ◽  
Vol 2 (11) ◽  
pp. 602
Author(s):  
Stavroula Tsitsifli ◽  
Anastasia Papadopoulou ◽  
Vasilis Kanakoudis ◽  
Konstantinos Gonelas
Keyword(s):  
Water Supply ◽  
Water Use Efficiency ◽  
Water Use ◽  
Methodological Approach ◽  
National Level ◽  
Water Utilities ◽  
Current Status ◽  
Water Supply Systems ◽  
Use Efficiency ◽  
Supply Systems

Water use efficiency is a crucial issue in drinking water utilities as it is connected to environmental and economic consequences. WATenERgy CYCLE project aims at developing a methodological approach towards efficient and effective transnational water and energy resources management in the Balkan–Mediterranean area. The paper presents the results of performance evaluation of the water supply systems of the water utilities involved in the project, both at local and national level. The methodology used in the water balance and performance indicators as well as data on the operational status of the water supply systems. The results showed that Non-Revenue Water is one of the major problems addressed.

The new Uruguayan private international law: an open door to party autonomy in international contracts

2021 ◽  
Author(s):  
Eduardo Florio de León
Keyword(s):  
International Law ◽  
General Analysis ◽  
Private International Law ◽  
State Law ◽  
Open Door ◽  
Commercial Law ◽  
Party Autonomy ◽  
Applicable Law ◽  
General Law ◽  
Contractual Obligations

Abstract On 17 November 2020, the General Law on Private International Law (Law 19.920) was approved. This Law resulted from a process of hard work that took over two decades of discussions and debates.1 With this Law, Uruguay becomes one of a group of countries that have already carried out this kind of reform, particularly in regard to international commercial law and international contracts. The new Law 19.920 allows parties to choose the applicable law (State or non-State law) to regulate their international contractual obligations. This reform has a real disruptive imprint since Uruguay leaves behind its old and anachronistic regulation of the matter. This article provides a general analysis of the regulation of international commercial law under Law 19.920 (Articles 13 and 51) and the new regime applicable to international contracts, including the parties’ right to choose the applicable law (Article 45) (State or non-State law), which increases their autonomy in comparison with the previous regime.

COHABITANTS IN PRIVATE LAW: TRUST, FRUSTRATION AND UNJUST ENRICHMENT IN ENGLAND, GERMANY AND CANADA

2013 ◽  
Vol 62 (3) ◽  
pp. 629-665 ◽  
Author(s):  
Anne Sanders
Keyword(s):  
Intimate Relationships ◽  
Case Law ◽  
Private Law ◽  
Party Autonomy ◽  
Unjust Enrichment ◽  
Legislative Action ◽  
The Law ◽  
Canadian Provinces ◽  
The Right ◽  
English Canadian

AbstractNeither in England, nor in Germany, nor in all Canadian provinces, does the law provide specific rules for the redistribution of property for unmarried cohabitants after the breakdown of their relationship. Instead, courts apply the law of trusts, contract and unjust enrichment with an eye to the characteristics of intimate relationships, as, for example, in decisions like the EnglishJones v Kernott([2011] UKSC 53) and the CanadianKerr v Baranow(2011 SCC 10). This article compares English, Canadian, and German case law and evaluates it both from a doctrinal perspective and as a part of a general approach towards cohabitation. The article concludes with an appeal for legislative action that strikes the right balance between party autonomy and protection of the weaker party.

scholarly journals Should New Zealand Shirk Its Obligations? A Critical Perspective on Private Law Scholarship

2016 ◽  
Vol 47 (3) ◽  
pp. 429
Author(s):  
Bevan Marten ◽  
Geoff McLay
Keyword(s):  
New Zealand ◽  
Law Reform ◽  
Coherent System ◽  
Private Law ◽  
Compensation Scheme ◽  
Critical Perspective ◽  
Policy Makers ◽  
Party Autonomy ◽  
Accident Compensation

This article concerns the role of the private law scholar in New Zealand, and how such scholars use their skills to improve the law. It argues that while an obligations scholar's preference may be to engage with the courts and other academics in their scholarly activities, a focus on statutory reform better suits New Zealand conditions. Scholars should share their talents with policy makers, law reform bodies and legislators, helping to explain the importance of a coherent system of private law, and how this may be achieved. The authors then go a step further by suggesting that, in the New Zealand context, the preferable approach to reform may be one involving policy-based solutions exemplified by the accident compensation scheme, as opposed to approaches based on traditional private law principles such as party autonomy.

scholarly journals Development and validation of a framework to improve neglected tropical diseases surveillance and response at the sub-national level in Kenya

2021 ◽  
Author(s):  
Arthur Kipkemoi Saitabau Ng'etich ◽  
Kuku Voyi ◽  
Clifford Maina Mutero
Keyword(s):  
Disease Transmission ◽  
Neglected Tropical Diseases ◽  
Methodological Approach ◽  
National Level ◽  
Primary Data ◽  
Second Phase ◽  
Tropical Diseases ◽  
Preventive Chemotherapy ◽  
Response System ◽  
Surveillance And Response

Background Assessment of surveillance and response system functions focusing on notifiable diseases has widely been documented in literature. However, there is limited focus on diseases targeted for elimination or eradication, particularly preventive chemotherapy neglected tropical diseases (PC-NTDs). There are limited strategies to guide strengthening of surveillance and response system functions concerning PC-NTDs. The aim of this study was to develop and validate a framework to improve surveillance and response to PC-NTDs at the sub-national level in Kenya. Methods Framework development adopted a multi-phased approach. The first phase involved a systematic literature review of surveillance assessment studies conducted in Africa to derive generalised recommendations. The second phase utilised primary data surveys to identify disease-specific recommendations to improve PC-NTDs surveillance in Kenya. The third phase utilised a Delphi survey to assess stakeholders consensus on feasible recommendations. The fourth phase drew critical lessons from existing conceptual frameworks. The final validated framework was based on resolutions and inputs from concerned stakeholders. Results Framework components constituted inputs with the first domain combining surveillance tools, equipment and infrastructure while the second domain combined financial, technical and logistical support. Processes were categorised into four sub-domains with activities for strengthening existing surveillance tools, surveillance core, support and attribute functions. The intended results phase comprised of ten distinct outputs with the anticipated outcomes categorised into three sub domains. Lastly, the overall impact alluded to reduced disease burden, halted disease transmission and reduced costs for implementing treatment interventions to achieve PC-NTDs control and elimination. Conclusion In view of the mixed methodological approach used to develop the framework coupled with further inputs and consensus among concerned stakeholders, the validated framework appears to be relevant in guiding decisions by policy makers to strengthen the existing surveillance and response system functions towards achieving PC-NTDs elimination.

scholarly journals Party Autonomy and Regional Harmonization of Rules in International Commercial Arbitration

2006 ◽  
Vol 67 (4) ◽  
Author(s):  
Elizabeth Shackelford
Keyword(s):  
Twentieth Century ◽  
International Trade ◽  
World Wide ◽  
Commercial Law ◽  
Commercial Arbitration ◽  
Choice Of Law ◽  
Party Autonomy ◽  
International Commercial Arbitration ◽  
Trade Law

In the last half of the twentieth century, the trend towards “world-wide harmonization of trade law” has increased steadily with the globalization of economies and the corresponding increase in transnational commerce. Throughout this period, efforts have emerged to unify and harmonize international commercial law in order to promote international trade. The two primary ways this was pursued during the twentieth century were unification of choice of-law rules and harmonization or unification of substantive rules.

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