scholarly journals Symptoms of neglect: Trust claims under the Limitation Act 2010

2021 ◽  
Author(s):  
◽  
Paul Comrie-Thomson
Keyword(s):  
Reform Process ◽  
Comprehensive Reform ◽  
The Way

<p>New Zealand's limitation legislation was overhauled with the enacting of the Limitation Act 2010. Despite this comprehensive reform, the way in which trust claims are best to be addressed appears to have been largely overlooked in the reform process. Consequently, the multitude of historic issues that have plagued statutory provisions dealing with trust claims endure in the 2010 Act, with the few changes to the structure of drafting compounding these problems. This paper explores the policy considerations at work, and, by way of example, undertakes a thorough analysis of the exception for fraudulent breaches of trust in light of these policy considerations to illustrate some of the new problems that are bound to arise in practice. Given the numerous and significant difficulties, and the substantial implications for parties seeking to rely on these provisions, this paper argues that a broad reconsideration of the way in which trust claims are dealt with in the 2010 Act is urgently needed.</p>

scholarly journals Symptoms of neglect: Trust claims under the Limitation Act 2010

2021 ◽  
Author(s):  
◽  
Paul Comrie-Thomson
Keyword(s):  
Reform Process ◽  
Comprehensive Reform ◽  
The Way

<p>New Zealand's limitation legislation was overhauled with the enacting of the Limitation Act 2010. Despite this comprehensive reform, the way in which trust claims are best to be addressed appears to have been largely overlooked in the reform process. Consequently, the multitude of historic issues that have plagued statutory provisions dealing with trust claims endure in the 2010 Act, with the few changes to the structure of drafting compounding these problems. This paper explores the policy considerations at work, and, by way of example, undertakes a thorough analysis of the exception for fraudulent breaches of trust in light of these policy considerations to illustrate some of the new problems that are bound to arise in practice. Given the numerous and significant difficulties, and the substantial implications for parties seeking to rely on these provisions, this paper argues that a broad reconsideration of the way in which trust claims are dealt with in the 2010 Act is urgently needed.</p>

Only Connect

2011 ◽  
pp. 29-40
Author(s):  
Paul Currion
Keyword(s):  
Information Technology ◽  
Information Systems ◽  
Humanitarian Assistance ◽  
Reform Process ◽  
Key Aspects ◽  
The Impact ◽  
Tremendous Impact ◽  
The Way

The introduction of information systems and the humanitarian reform process are both having a tremendous impact on the way that humanitarian assistance is delivered – yet the two processes are extremely weakly connected. As a result, the humanitarian community is failing to realise the potential that information technology has to support key aspects of the reform process, but also failing to recognise that technology is likely to render many of the discussions around reform moot. The balance of knowledge is shifting towards those affected by disaster, implying that they will become increasingly empowered by technology to more effectively cope with the impact of those disasters. Traditional actors in the humanitarian community must incorporate these realities into its own processes or risk being overtaken by newer and more agile institutions which may not be so concerned with humanitarian principles.

scholarly journals The Draft Mental Incapacity Bill

2014 ◽  
Vol 1 (10) ◽  
pp. 16
Author(s):  
Camilla Parker
Keyword(s):  
Decision Making ◽  
Current System ◽  
Reform Process ◽  
Decision Making Process ◽  
Comprehensive Reform ◽  
The Law ◽  
The Government ◽  
Significant Stage ◽  
Draft Bill ◽  
Consultation Paper

<p align="LEFT">Despite the general agreement with the Law Commission’s assessment of the failings of the current system for decision-making on behalf of people who lack the capacity to make decisions for themselves, the steps towards achieving comprehensive reform, as recommended in its report, Mental Incapacity, has been a protracted process. Mental Incapacity was followed, two years later, by a consultation paper – 'Who Decides? Making Decisions on Behalf of Mentally Incapacitated People' – in which the Government sought views on the Law Commission’s recommendations for reform. In October 1999, the Lord Chancellor’s Department published 'Making Decisions', which set out the Government’s proposal for reform, "in the light of the responses to the consultation paper Who Decides".</p><p align="LEFT">In June of last year the reform process moved to a significant stage with the publication of the Government’s draft Mental Incapacity Bill (‘the Draft Bill’). This set out proposals to reform the law: "in order to improve and clarify the decision making process for those aged 16 and over who are unable to make decisions for themselves." Thus provisions set out in the Draft Bill are based on the Law Commission’s recommendations.</p>

Four Experiments in Reducing Informality

Living Wage ◽  
2019 ◽  
pp. 143-151
Author(s):  
Shelley Marshall
Keyword(s):  
Institutional Change ◽  
Case Studies ◽  
Working Conditions ◽  
Institutional Arrangements ◽  
Employment Relationship ◽  
Specific Group ◽  
Garment Workers ◽  
Comprehensive Reform ◽  
The Way

Chapter 8 compares the four innovations described in the case study chapters (Chapters 4–7) and draws out lessons about the way that institutional change occurs. None of the models entail comprehensive reform of the way work is regulated in a nation. Nor do they fundamentally challenge the international institutional arrangements, which have altered and undermined the power of national institutions to regulate work, and which were seen to be at play in each of the case studies. They have instead sought solutions which were politically feasible and improved the conditions of a specific group of workers—homeworkers, head-load workers, and garment workers. They arose out of particular political moments and institutional trajectories. The initiatives have in common that they (a) expand or sidestep the employment relationship so as to encompass broader forms of work (with the exception of the Cambodian initiative); and (b) increase the strength of regulation in order to push against countervailing pressures which lower working conditions. However, each initiative has achieved this in different ways and to different extents. This chapter compares these different methods and explores why some levers are stronger than others.

The British navy’s 1888 budgetary reforms

2010 ◽  
Vol 15 (2) ◽  
pp. 153-172 ◽  
Author(s):  
Phillip E. Cobbin ◽  
Geoff H. Burrows
Keyword(s):  
Public Sector ◽  
Public Expenditure ◽  
Reform Process ◽  
The Face ◽  
History Of ◽  
Fait Accompli ◽  
Public Sector Efficiency ◽  
Governmental Budgeting ◽  
The Way

Reforms to the British navy’s estimates for 1888—9 radically changed the way that budgetary information was presented to parliament. Motivated by a desire to facilitate efficiency judgments about public expenditure, in the new-style estimates expenditure was classified according to object or purpose rather than on the basis of the traditional subjective categorizations. These reforms were instituted, in the face of strong Treasury opposition, almost as a fait accompli, by Mr Arthur Forwood (later Sir Arthur Forwood, Bt), Parliamentary and Financial Secretary to the Navy, supported by his senior minister, Lord George Hamilton, First Lord of the Admiralty, both of whom possessed unusually advanced ideas about public-sector efficiency and management. The article examines the background to and nature of the reforms and the unusual dynamics of the reform process, as well as attempting to ascertain their wider place in the history of governmental budgeting and accounting.

scholarly journals الاقتصاد المعرفي : رؤية استراتيجية مقترحة للإصلاح الاقتصادي الشامل في العراق

2020 ◽  
Vol 1 (1) ◽  
pp. 96-109
Author(s):  
حاتم عبدالله ◽  
سامر فخري
Keyword(s):  
Economic Reform ◽  
Knowledge Economy ◽  
Global Economy ◽  
Development Program ◽  
Decision Makers ◽  
Reform Process ◽  
Economic Sectors ◽  
Economic Decision ◽  
Comprehensive Reform ◽  
Economic Philosophy

The study explores the study of the economic reform paths in Iraq after 2003, in which many options and various methods of economic reform were presented. The Iraqi government adopted some of them in the hope of facing the challenges of the Iraqi economy, but these methods and options have traditional. so the problem of research is based on two main points:1. The multiplicity of economic reform options led to the dispersion of the visions and efforts of economic decision makers. 2. Joining the global economy requires adopting a new economic philosophy that is compatible with what exists in the outside world. The research found that the multiplicity and divergence of the proposed economic reform policies put economic decision makers in front of difficult choices due to the lack of a clear development program with its time limits for the advancement of economic sectors. However, the adoption of the knowledge economy approach has become a strategic necessity for comprehensive economic reform in Iraq because of its interest in intellectual capital Which is the basis of the comprehensive reform process. Therefore, it is proposed to explore the possibility of implementing the knowledge economy approach as one of the basic and strategic options for the comprehensive economic reform process.

Russian Arbitration Law and Practice

2020 ◽  
Author(s):  
Oda Hiroshi
Keyword(s):  
Critical Analysis ◽  
Current System ◽  
Comprehensive Analysis ◽  
Point Of View ◽  
Reform Process ◽  
Court Decisions ◽  
Major Reform ◽  
Recognition And Enforcement ◽  
Practical Guidance ◽  
The Way

This book represents an analysis of Russian arbitration law from a foreign lawyer’s point of view. Russian arbitration law went through a major reform in 2015. The overall goal of the reform was to make Russia an attractive venue for arbitration with the expectation of soliciting foreign businesses to Russia and preventing ‘off-shorisation’ of Russian businesses. The book covers the reform process at the outset by studying various reform proposals, draft laws and discussion of arbitration experts. This is followed by a comprehensive analysis of the post-reform system of arbitration. After addressing issues such as arbitrability, arbitration clauses, arbitral procedure; the book looks into the way Russian courts apply arbitration law when Russian parties apply to the court for setting aside the awards and when foreign parties apply for recognition and enforcement of the awards. For this goal, court decisions have been extensively studied and reproduced in the book. The book is a critical analysis of the current system of arbitration in Russia which will provide practical guidance to lawyers involved in disputes with Russian parties, drawing on the author’s own practical insight and experience.

scholarly journals Status of healthcare workers after comprehensive reform of urban public hospitals in Beijing, China: sustainable supply, psychological perception, and work outcomes

2019 ◽  
Vol 17 (1) ◽  
Author(s):  
Jianwei Deng ◽  
Yangyang Sun ◽  
Run Lei ◽  
Yilun Guo ◽  
Jian Liu ◽  
...  
Keyword(s):  
Turnover Intention ◽  
Healthcare Workers ◽  
Qualitative Content Analysis ◽  
Developed Countries ◽  
Public Hospitals ◽  
Reform Process ◽  
Value Analysis ◽  
The Status ◽  
Comprehensive Reform ◽  
The Government

Abstract Background Healthcare reform in China has attracted worldwide interest and reached a new juncture. In an attempt to improve healthcare quality and patient satisfaction, the government of Beijing introduced comprehensive reform of urban public hospitals in 2016 and implemented new policies on personnel, compensation, management, and diagnosis and treatment. As the agents of healthcare service, and a target of reform measures, healthcare workers were greatly affected by these reforms but have not been carefully studied. Methods This study used mean value analysis, variance analysis, and qualitative content analysis to investigate the status of healthcare workers after comprehensive reform of urban public hospitals in Beijing. Results We found a gradual but constant increase in the number of healthcare workers in poor health in Beijing public hospitals. After the reforms, this population reported high challenge stress, public service motivation, job satisfaction, job performance and quality of healthcare, moderate presenteeism, and low hindrance stress and turnover intention. The status of healthcare workers differed by subgroup and changed during the reform process. Conclusions Our study provides data useful for policy recommendations regarding the implementation and extension of future reforms and offers important lessons for developing and developed countries that are reforming public hospitals to improve efficiency and reduce costs.

scholarly journals Reforming the United Nations Security Council: Feasibility or Utopia?

2017 ◽  
Vol 22 (1) ◽  
pp. 62-91 ◽  
Author(s):  
Kai Schaefer
Keyword(s):  
United Nations ◽  
Security Council ◽  
United Nations Security Council ◽  
Structural Reform ◽  
General Assembly ◽  
Reform Process ◽  
Self Interest ◽  
Single State ◽  
The United Nations ◽  
The Way

Reforming the United Nations Security Council has been on the agenda of the General Assembly for over two decades. However, structural reform of the Council remains elusive. This article explains why after so many years nearly all 193 states within theunremain actively seized on the matter of reform, despite no immediate outcome being in sight. In order to analyze Security Council reform efforts and the various obstacles along the way, this article emphasizes states’ motivations during the reform process. With the help of new institutionalist theory, an argument is formed that highlights how certain states are driven by strategic calculations and self-interest, while others are more normatively motivated. Furthermore, the article highlights that despite only lukewarm support for reform from certain states, not a single state can publicly denounce Council reform, because the reform issue itself has become an ingrained norm.

Self-sacrifice for in-group's history: A diachronic perspective

2018 ◽  
Vol 41 ◽  
Author(s):  
Maria Babińska ◽  
Michal Bilewicz
Keyword(s):  
Clinical Psychology ◽  
Historical Events ◽  
Emotional Events ◽  
Reciprocal Process ◽  
The Way

AbstractThe problem of extended fusion and identification can be approached from a diachronic perspective. Based on our own research, as well as findings from the fields of social, political, and clinical psychology, we argue that the way contemporary emotional events shape local fusion is similar to the way in which historical experiences shape extended fusion. We propose a reciprocal process in which historical events shape contemporary identities, whereas contemporary identities shape interpretations of past traumas.

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