Instrumental Comparative Tort Law

2022 ◽  
Vol 0 (0) ◽  
Author(s):  
Ronen Perry
Keyword(s):  
Comparative Research ◽  
Theoretical Perspective ◽  
Comparative Law ◽  
Tort Law ◽  
Traditional Role ◽  
Cultural Economic ◽  
Instrument Making ◽  
Global Consensus ◽  
Present Part ◽  
The Impact

Abstract This article examines the possible uses of comparative tort law in practice and theory. It takes the view that comparative law is always a means, never an end in itself, explains how it can be utilized by judges, legislatures, and legal scholars, and puts forward important caveats and qualifications. Part 2 demonstrates the traditional role of comparative law in interpreting and implementing shared or similar tort doctrines and in providing ideas for domestic tort law gap-filling and reform. It highlights the challenges that such utilization might present. Part 3 maintains that comparative research is the cornerstone of unification endeavors. Starting with coordinated projects, Part 3 argues that unification is in itself an instrument (making comparative law a second-order instrument) and that it cannot be pursued without taking into account some concerns about its desirability and practicability. Part 3 then discusses uncoordinated unification processes, whereby lawmakers in one jurisdiction identify a “global consensus” and decide to join it, and elaborates on the normative and positive components of these strategies. Part 4 acknowledges that comparative analysis usually uncovers trans-jurisdictional diversity and argues that such findings can underlie normative and positive theories of tort law. A comparison can offer a systematic taxonomy of possible legal solutions to a particular problem, enabling scholars to critically evaluate and compare the alternatives from their preferred theoretical perspective. Moreover, any hypothesis about the impact of cultural, economic, political, technological, and other conditions and changes on the law can be substantiated or refuted through comparative analyses that seek out legal differences (or similarities) among systems with different (or similar) underlying backgrounds. Through this analysis, the article aims to reignite and enrich the debate and inspire tort-law makers and scholars to integrate comparative research into their work.

scholarly journals Tourism Impacts, Tourism-Phobia and Gentrification in Historic Centers: The Cases of Málaga (Spain) and Gdansk (Poland)

2021 ◽  
Vol 13 (1) ◽  
pp. 408
Author(s):  
Fernando Almeida-García ◽  
Rafael Cortés-Macías ◽  
Krzysztof Parzych
Keyword(s):  
Comparative Research ◽  
Control Measures ◽  
Tourism Impacts ◽  
Tourist Destinations ◽  
Tourist Flows ◽  
Tourist Accommodation ◽  
And Control ◽  
The Impact ◽  
Urban Characteristics

This study analyzes the role of residents in urban tourist destinations affected by the increase in tourist flows, which have generated various problems such as tourism, gentrification and the emergence of tourism as a threat to residents. The role of residents in tourist destinations has not been analyzed regularly during the development process of destinations. We study two cases of historic centers in European cities, with the aim of comparing tourism problems, which are common to most European urban destinations. This study was conducted by administering surveys amongst residents of these historic centers (378 in Málaga, Spain, and 380 in Gdansk, Poland). These cities show a similar demographic size and urban characteristics. This is the first comparative research on tourism-phobia and gentrification in destinations, a field of analysis that is still not studied much. We develop specific scales to measure gentrification and tourism-phobia; moreover, we study the impact of some tourist problems that affect residents (noise, dirt, occupation of public spaces, etc.), and we show the spatial distribution of tourism-phobia. The same analysis instruments are used for both cities. The results of this study show that the tourism-phobia situation is different in the analyzed destinations. It is more intense in the case of Málaga than in Gdansk. The two historic centers are especially affected by the processes of increased tourist flows and the growth of new forms of tourist accommodation. The research results show that the residents’ annoyance caused by tourism gentrification is more intense than tourism-phobia. Both case studies highlight the residents’ complaints regarding the inadequate management of problems by public stakeholders and control measures.

scholarly journals Detecting Convergence Trends among EU Universities

Economies ◽  
2021 ◽  
Vol 9 (2) ◽  
pp. 42
Author(s):  
Maria Adamakou ◽  
Dimitris Kallioras ◽  
George Petrakos
Keyword(s):  
Methodological Approach ◽  
Basic Research ◽  
Valuable Insight ◽  
Traditional Role ◽  
University Ranking ◽  
Convergence Clubs ◽  
Development Processes ◽  
The Impact ◽  
The Empirical Analysis ◽  
Insight Into

Universities are emerging growth determinants. This is so as, in addition to the fulfillment of their traditional role in teaching and (basic) research, universities, as aptly described within the helix framework, are expected to engage in regional development processes. The paper aims to detect trends of convergence among EU universities in terms of performance. To the best of our knowledge, this topic has not hitherto been examined. The empirical analysis of the paper covers the period 2014–2021, utilizes data obtained from URAP (University Ranking by Academic Performance), and employs the methodological approach of convergence clubs. The findings of the paper provide valuable insight into both theory and policy-making. We conclude that despite the unification of EU educational space, trends of divergence among EU universities are still present, and notable divisions still remain. Consequently, this indicates that the impact of EU universities on the formation of spatial disparities across EU space is not neutral.

The Burden of Bearing Witness: The Impact of Testifying at War Crimes Tribunals

2017 ◽  
Vol 63 (2) ◽  
pp. 348-372 ◽  
Author(s):  
Kimi King ◽  
James Meernik
Keyword(s):  
International Criminal ◽  
Theoretical Perspective ◽  
International Criminal Tribunal ◽  
Mass Violence ◽  
Bearing Witness ◽  
Post Conflict ◽  
Adverse Experiences ◽  
The Face ◽  
War Crimes Tribunals ◽  
The Impact

Intersections exist regarding how institutions and individuals respond in the wake of mass violence, and we explore one theoretical perspective: resilience—the ability to overcome in the face of adversity. By controlling for the institutional context, we analyze the microlevel impact of testifying on witnesses who testify. New survey data provide information from 300 prosecution, defence, and Chambers witnesses who appeared at the International Criminal Tribunal for the Former Yugoslavia. We test propositions about resilience related to trauma, motivations, contributions to justice, fair treatment, witness fatigue, and human security. Witnesses who experienced greater trauma, who were more highly motivated, who believed they contributed to justice, and who were satisfied with their current situation were more positive about testifying. Those who believed they were treated fairly by prosecution and defence were less negative. The findings add to the debate about the burden of bearing witness in post-conflict societies and why some overcome adverse experiences related to mass violence.

The impact of an unconditional parental benefit on employment of mothers

2017 ◽  
Vol 37 (1/2) ◽  
pp. 33-50 ◽  
Author(s):  
Anna Kurowska
Keyword(s):  
Maternal Employment ◽  
Parental Leave ◽  
School Age Children ◽  
Employment Rate ◽  
School Age ◽  
Older Children ◽  
Cultural Economic ◽  
Similar System ◽  
Content Type ◽  
The Impact

Purpose The purpose of this paper is to solve the puzzle of the disproportionately lower employment rate of mothers of toddlers with relation to the employment rate of mothers of preschool and school-age children in Estonia. Design/methodology/approach The research is based on the Most Similar System Design and compares Estonia with Lithuania. The applied methods include inferential statistics and microsimulation techniques, employing the OECD Benefits and Wages Calculator, the OECD Family Support Calculator and EUROMOD – the European tax-benefit microsimulation model. Findings The comparison revealed that the overwhelming majority of the crucial aspects of socio-cultural, economic and institutional conditions were more favourable for maternal employment in Estonia than in Lithuania. This explains the higher maternal employment rates both for mothers of pre-schoolers and school-age children in Estonia. However, one particular element of the institutional context targeted to the mothers of toddlers – the unconditional parental benefit – had an entirely opposite character. This particular feature of the parental leave scheme was the only factor that could explain why the employment rate of mothers of toddlers is disproportionately lower than the employment rate of mothers of older children in Estonia and much lower than the employment of mothers of toddlers in Lithuania. Originality/value This study complements previous research by providing evidence on the relative importance of universal parental benefit schemes in the context of other country-specific conditions for maternal employment, including the availability of institutional childcare. Furthermore, the results presented show that childcare regime typologies, at least those that characterise Eastern European countries, should be more sensitive to children’s age.

scholarly journals “Education Abroad” for International Student Advisors: What is the impact on their professional development?

2019 ◽  
Vol 9 (1) ◽  
pp. 306-319 ◽  
Author(s):  
Wei Liu
Keyword(s):  
Professional Development ◽  
International Education ◽  
Comparative Research ◽  
International Student ◽  
Development Program ◽  
Study Abroad Programs ◽  
Education Abroad ◽  
Education Professionals ◽  
Staff Members ◽  
The Impact

It is generally agreed that participating in study abroad programs, even short term, has positive impacts on students. But what would be the impact of an “education abroad” opportunity for staff members in international education? Reported in this paper is a 3-month long professional development program in a Canadian university for 52 international student advisors from 51 different Chinese institutions. Based on data from a survey and their comparative research reports, the study aims to glean the impacts of such an education abroad opportunity for international education professionals after their exposure to a different national context and different practices in international education. Findings of this study show that international comparison can serve as an effective approach to the professional development of international education professionals which enhances their historical, contextual and cultural understanding of their own work.

scholarly journals Impact of Globalisation on African and Its Implications to Education

2020 ◽  
Vol 1 (1) ◽  
pp. p81
Author(s):  
Titus Ogalo Pacho
Keyword(s):  
Well Being ◽  
African Countries ◽  
Cultural Economic ◽  
Global Society ◽  
The World ◽  
Theoretical Paper ◽  
Environmental Events ◽  
Almost All ◽  
The Impact ◽  
Diverse Cultures

Globalisation is one of the most powerful worldwide forces transforming society. It dominates today’s world as a major driver of change. Globalisation has brought about an agglomeration of cultures, where diverse cultures not only interact but also sometimes clash. It permeates through all spheres of life including the environment, politics, economy, prosperity, culture, religion, education, and human well-being in societies across the globe. The present “villagization” of the world has greatly affected many African countries in almost all aspects of life. It has done so in both positive and negative ways. With the emergence of a global society, social, cultural, economic, political, technological and environmental events in one part of the world quickly come to be significant for people in other parts of the world. This theoretical paper assesses the impact of globalisation for Africa and its implications to education.

scholarly journals La sustentabilidad en tiendas de conveniencia de la ciudad industrial en Villahermosa. Tabasco, para el desarrollo de una propuesta

2019 ◽  
pp. 23-27
Author(s):  
Nancy Estela Arias-Rodríguez ◽  
Juana María Morejón-Sánchez ◽  
Casandra Angeles-Guzmán ◽  
Yaitla Aitza Reyes-Osorio
Keyword(s):  
Environmental Variables ◽  
The Self ◽  
Cultural Economic ◽  
Convenience Stores ◽  
Surrounding Environment ◽  
Context Variables ◽  
Local Contexts ◽  
Self Service ◽  
The Impact ◽  
Theoretical Foundations

This research analyzes the sustainability of the convenience stores of the industrial cd in Villahermosa, Tabasco. Considering the behavior of the research variable (sustainability) in different international, national and local contexts. As well as the theoretical foundations on which this variable is based. A diagnosis is made on the sustainability of convenience stores, generating a comprehensive scenario, in order to design a proposal. The tool that was used was the Likert scale from which an instrument was designed to determine how each of the cultural, economic, social, political, technological and environmental variables (independent or context variables) influence the research variable (sustainability of convenience stores). These context variables are in constant changes and movements and directly influence the convenience stores either positively or negatively. The instrument was applied in the convenience stores of the industrial cd of Villahermosa, Tabasco, in order to obtain decisive results for the sustainability of the self-service stores, the Excel tool version 2010 was used, in which tables were obtained and graphics, simplifying the content of the data giving specific and necessary results for the development of the proposal. From the results obtained, a model is designed to improve the sustainability of the convenience stores of the industrial cd in Villahermosa Tabasco, which will achieve a growth that will be strongly linked to social responsibility to provide attention to the workers who are part of them and the reduction of the impact on the surrounding environment. Ensuring the competitiveness profitability and permanence of convenience stores.

scholarly journals The Revival of Comparative Law in a Socialist Country: The Impact of Imre Szabó and Gyula Eörsi on the Development of Hungarian Comparative Law

2013 ◽  
Vol 38 (1) ◽  
pp. 37-52
Author(s):  
Balázs Fekete
Keyword(s):  
World War Ii ◽  
Socialist Country ◽  
Comparative Law ◽  
Communist Regime ◽  
World War ◽  
International Trends ◽  
Legal Thinking ◽  
International Comparative ◽  
The 1960S ◽  
The Impact

This article discusses the revival of comparative law in Hungarian Socialist jurisprudence. Prior to World War II, the development of comparative law generally had followed international trends; however, it was disrupted at both a personal and an institutional level at the end of the 1940s due to the Marxist-Leninist turn of legal thinking that accompanied the introduction of a Communist regime in the country. Nonetheless, this rejection of comparative law was gradually replaced by a more open attitude that strongly supported participation in the international comparative-law movement from the 1960s. Imre Szabó and Gyula Eörsi played a prominent role in this transformation. They legitimized the use of comparative methods in Socialist jurisprudence and, also, created a plausible conceptual framework for Socialist comparative law.

Women and expatriate assignments

2016 ◽  
Vol 38 (2) ◽  
pp. 200-223 ◽  
Author(s):  
Arup Varma ◽  
Linda Russell
Keyword(s):  
Organizational Support ◽  
Multinational Enterprises ◽  
Process Model ◽  
Theoretical Perspective ◽  
Critical Issue ◽  
Critical Determinant ◽  
Content Type ◽  
Female Employees ◽  
Expatriate Assignments ◽  
The Impact

Purpose – The purpose of the paper is twofold – first, to explore the role of perceived organizational support (POS) during the three critical stages of the female expatriate experience, with a view to explaining the disproportionately low numbers of females in expatriate roles; and second, to offer specific suggestions to multi-national enterprises to help them create a level playing field so females can compete for expatriate assignments. Design/methodology/approach – The authors draw upon the theory of POS to explore how the perceived lack of support from their organization during the critical stages of expatriate assignments affects women’s interest, and potentially their performance, in expatriate assignments. The authors develop and present relevant propositions. Findings – This is a conceptual paper that offers a process model of the impact of POS on the three stages of selection of females for expatriates. Research limitations/implications – From a theoretical perspective it is clear that POS can play an important role in the willingness of females to accept international assignments. Thus POS can be a critical determinant of the potential levels of female participation in expatriate assignments. Previously, scholars have argued that the low numbers of female expatriates may be a result of a lack of interest on their part, or because they may not be welcomed in many countries. However, subsequent theses have argued, and many studies have shown, that females can be equally successful. The proposed process model helps to better understand how organizations might dismantle the barriers faced by potential female expatriates, by addressing the key issues at each stage. Practical implications – Multinational enterprises need to ensure that they are drawing from their full pool of talent, if they are to compete effectively against other multinational enterprises. By paying attention to the suggestions, and adopting and executing the propositions, they will be able to avoid the possibility that their qualified female employees may withdraw from the organization if they believe that they are not likely to be considered for expatriate assignments, simply because of their gender, even though they are interested. Social implications – From a societal perspective, it is indeed critical that qualified females are provided the same opportunities that are made available to males. Given that roughly half the population is female, multi-national enterprises that fail to treat their female employees fairly will be seen as poor corporate citizens. Originality/value – This is the first paper to address the critical issue of low numbers of females on expatriate assignments by drawing upon the tenets of the theory of POS. The authors offer several propositions to help multinational enterprises understand the impact of the gender imbalance in expatriate assignments, and offer suggestions on how organizations might improve the participation of females in expatriate assignments.

Social media as tool for facilitating knowledge creation and innovation in small and medium enterprises

2018 ◽  
Vol 13 (3) ◽  
pp. 329-344 ◽  
Author(s):  
Armando Papa ◽  
Gabriele Santoro ◽  
Lia Tirabeni ◽  
Filippo Monge
Keyword(s):  
Social Media ◽  
Knowledge Creation ◽  
Small And Medium Enterprises ◽  
Theoretical Perspective ◽  
Innovation Process ◽  
Digital Tool ◽  
Content Type ◽  
Media Usage ◽  
Medium Enterprises ◽  
The Impact

Purpose The purpose of this paper is to study the effects of social media usage on four knowledge creation processes, namely socialisation, externalisation, combination and internalisation, and innovation in small and medium enterprises (SMEs). Design/methodology/approach A sample of 96 SMEs has been used to gather data through a standardised questionnaire and test the hypotheses through OLS regression models. Findings The results indicate that social media influence positively three out of four knowledge creation processes and that they help to foster the innovation process. Originality/value From a theoretical perspective, the study contributes to literature considering a specific digital tool and its effect on knowledge creation and innovation. In fact, a few studies have considered the impact of social media usage on other variables, such as ROI and productivity, but never on knowledge creation and innovation through a quantitative study. From a managerial perspective, the research suggests managers to implement and involve social media within business and innovation processes.

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