scholarly journals "In saeculo et ex saeculo". Characteristics of the secular institutes

2021 ◽  
Vol 34 (2) ◽  
pp. 196-211
Author(s):  
Andrea  Michl
Keyword(s):  
Asset Management ◽  
Legal Framework ◽  
Community Life ◽  
Consecrated Life ◽  
Wide Range ◽  
Monastic Communities

Secular institutes are a form of consecrated life that only came into being in the last century and therefore do not have a long history. For this reason, there are also only a few canonical and ecclesiastical documents. Since the characteristics of secular institutes, in contrast to traditional monastic communities, are rather unknown, this article aims to contribute to making them somewhat better known and to present the regulations on various elements, such as spirituality, community life, governance and asset management. However, the codified norms only form a legal framework here, which leaves concretisation to the institutes' own regulations, so that there is a wide range. What all institutes have in common, however, is the connection between action and contemplation, which is also their main characteristic.

Freedom to Define Membership in a Mutual Insurance Company

2021 ◽  
Vol 3 (108) ◽  
pp. 26-41
Author(s):  
Beata Mrozowska - Bartkiewicz
Keyword(s):  
Limited Liability ◽  
Fundamental Principle ◽  
Legal Framework ◽  
Business Activity ◽  
Insurance Company ◽  
Wide Range ◽  
Systemic Model ◽  
Mutual Insurance ◽  
Legal Forms

A mutual insurance society is one of the basic forms of conducting insurance activity. It is characterized by a very wide range of options which its founders and subsequently entitled members have in order to choose the organizational and systemic model of operation, to change it in the course of business, to define the concept of membership, to create various categories of members and provide them with different rights and duties, to determine the powers of statutory bodies, and, above all, to apply the method of mutuality. The Insurance and Reinsurance Activity Act regulates the basic legal framework of mutual companies, while referring quite a number of issues to the Polish Commercial Partnerships and Companies Code. This does not alter the fundamental principle on which the company's activity is based, namely that its articles of association play an extremely important role, which is much greater than in the case of public limited liability companies, and that members of a mutual insurance society enjoy considerable freedom to conduct business and categorize its members, which is unparalleled for other legal forms of business activity.

scholarly journals Social (In)justice and Rental Housing Discrimination in Urban Canada: The Case of Ethno-racial Minorities in the Herongate Community in Ottawa

2021 ◽  
Vol 15 (1) ◽  
pp. 81-101
Author(s):  
Joseph Mensah ◽  
Daniel Tucker-Simmons
Keyword(s):  
Real Estate ◽  
Affordable Housing ◽  
Asset Management ◽  
Large Scale ◽  
Rental Housing ◽  
Legal Framework ◽  
Immigrant Community ◽  
Visible Minorities ◽  
Selection Of

In 2015, the predominantly visible minority immigrant community of Herongate, in Ottawa, Ontario, was slated for redevelopment by its landlord, Timbercreek Asset Management. This redevelopment involved mass eviction of the incumbent tenants, demolition of the existing affordable housing and its replacement with luxury rentals, which, by all indications, are beyond the financial reach of the former Herongage tenants. This paper seeks to problematize large-scale residential real estate redevelopment in Canada and examine its impact, using the Herongate situation as a case study. Among other things, it profiles the Herongate community, its history and present redevelopment, and explores the legal framework, and the limits thereof, constraining mass evictions of this type in Ontario. The findings indicate that the selection of Herongate for redevelopment was not fortuitous; generally, racialized and immigrant communities like Herongate are disproportionately likely to be selected for large-scale redevelopment projects, and thus subjected to mass-evictions. Further results suggest that the dissolution of the Herongate community – and the attendant dislocation of its members – has exacted a pronounced social and economic toll and compounded the racial discrimination already experienced by the former Herongate residents, most of whom are visible minorities. The paper concludes with an appeal to imbue the redevelopment process with a greater regard for social justice, and a right to housing as a policy solution to address the injustice caused by real estate redevelopment.

The international legal framework for cooperation between States on countering illicit trafficking in medical products

2021 ◽  
Author(s):  
Kristina Zimina
Keyword(s):  
Russian Federation ◽  
Legal Framework ◽  
Legal Regulation ◽  
Law Schools ◽  
Legal Norms ◽  
Medical Products ◽  
Wide Range ◽  
The Russian Federation ◽  
Illicit Trafficking

The monograph is devoted to the study of the international foundations of cooperation between states in the field of combating illicit trafficking in medical products (NOM), as well as to the study of the functioning of modern international legal mechanisms of such interaction. The author's proposals for improving the legal regulation in the field of countering the NOM in the process of implementing international legal norms regulating these legal relations into the legislation of the Russian Federation and foreign states are presented. For a wide range of readers interested in countering illegal trafficking of goods, works and services. It will be useful for students, postgraduates and teachers of law schools.

Establishing an EU internal market for depositaries

2020 ◽  
Vol 28 (4) ◽  
pp. 587-603
Author(s):  
Christopher Buttigieg ◽  
Joseph Agius ◽  
Sandra Saliba
Keyword(s):  
Asset Management ◽  
Financial Stability ◽  
Mutual Recognition ◽  
Legal Framework ◽  
Internal Market ◽  
Financial Supervision ◽  
Investment Fund ◽  
The European Union ◽  
Content Type ◽  
Eu Member States

Purpose This paper aims to examine the rationale for the establishment of a depositary passport as the next logical step in building an internal market for investment funds in the European Union (EU). It makes the point that the de facto prohibition of depositary passporting poses risks to financial stability and has an adverse impact on investor protection in EU member states, which do not have a fully developed funds industry. Design/methodology/approach This paper analyses both the arguments in favour and against the adoption of a depositary passport. Moreover, it examines this proposal in the context of different approaches to fostering the internal market such as mutual recognition, harmonisation of regulation, reflexive governance of financial supervision and centralised supervision. Findings Based on the review of the current EU legal framework, this paper, subsequently, puts forward possible solutions for the establishment of an internal market for depositary business, which solutions have been discussed with various experts in the field to assess their feasibility in practice. Originality/value The paper contributes to the debate on the EU internal market in the field of asset management, which is topical in view of the upcoming review of the EU’s Alternative Investment Fund Managers Directive.

The problems and causes of match-fixing: are legal sports betting regimes to blame?

2018 ◽  
Vol 4 (1) ◽  
pp. 73-87 ◽  
Author(s):  
Minhyeok Tak ◽  
Michael P. Sam ◽  
Steven J. Jackson
Keyword(s):  
Regulatory System ◽  
Legal Framework ◽  
Sports Betting ◽  
Human Beings ◽  
Content Type ◽  
Policy Problem ◽  
A Value ◽  
Incentive Structures ◽  
Wide Range ◽  
National Boundaries

Purpose Sport match-fixing has emerged as a complex global problem. The purpose of this paper is twofold. First, it critically reviews how match-fixing is typified as a policy problem. Second, it advances an analysis of the legal framework and regulatory system for sports betting as a causal source for “routinized” match-fixing. Design/methodology/approach This study extracts and synthesises (cross-national) materials from policies, media releases and scholarly works on the subject of match-fixing and sports betting. The analysis is framed by the contrasts between rational choice and sociological institutionalist approaches. Findings Match-fixing is typically attributed to: criminal organisations and illegal sports betting; vulnerable individuals; and failure of governance on the part of sports organisations. Each cause holds assumptions of utility-maximising actors and it is argued that due consideration be given to the fundamental risks inherent in legal sports betting regimes. Research limitations/implications Match-fixing in sport is a recurrent social problem, transcending national boundaries and involving a wide range of actors and, sporting disciplines and levels of competition. Within such an environment, it may matter little how strong the incentive structures and education programmes are, when betting on human beings is both normatively and cognitively advanced as a value and institutionally permitted as a practice. Originality/value This paper argues that legal betting regimes paradoxically contribute to routinised match-fixing because: for betting customers there is no qualitative, ethical difference between legal and illegal operators; and legalisation serves to normalise and legitimate the view of athletes as objects for betting (like cards or dice).

A Dictionary of Construction, Surveying and Civil Engineering

2020 ◽  
Keyword(s):  
Asset Management ◽  
Engineering Students ◽  
New Technologies ◽  
Civil Engineering ◽  
Legal Aspects ◽  
Engineering Management ◽  
Value Engineering ◽  
Hydraulic Failure ◽  
Wide Range ◽  
Management Techniques

Over 8,000 entries This is the most up-to-date dictionary of its kind, covering the key areas of construction and civil engineering. This new edition has been fully updated to span the subjects of sustainability, new technologies, disaster management, and building software, and provides authoritative and reliable definitions to a wide range of terms. More than 600 new entries have been added to include terms such as asset management, hydraulic failure, sustainable development, and value engineering, providing broad coverage of construction and civil engineering, management techniques and processes, as well as legal aspects such as contracts and procurement. Detailed illustrations complement the text, and a further reading section is included to guide the reader towards suggested materials. Written by a team of more than 130 experts from around the world, this dictionary is an authoritative resource for engineering students, construction professionals, and surveyors.

scholarly journals Building information modelling to support maintenance management of healthcare built assets

Facilities ◽  
2019 ◽  
Vol 37 (7/8) ◽  
pp. 415-434 ◽  
Author(s):  
Nadeeshani Wanigarathna ◽  
Keith Jones ◽  
Adrian Bell ◽  
Georgios Kapogiannis
Keyword(s):  
Health Care ◽  
Decision Making ◽  
Conceptual Framework ◽  
Asset Management ◽  
Building Information Modelling ◽  
Content Type ◽  
Information Modelling ◽  
Wide Range ◽  
Building Information ◽  
Use Phase

Purpose This paper aims to investigate how digital capabilities associated with building information modelling (BIM) can integrate a wide range of information to improve built asset management (BAM) decision-making during the in-use phase of hospital buildings. Design/methodology/approach A comprehensive document analysis and a participatory case study was undertaken with a regional NHS hospital to review the type of information that can be used to better inform BAM decision-making to develop a conceptual framework to improve information use during the health-care BAM process, test how the conceptual framework can be applied within a BAM division of a health-care organisation and develop a cloud-based BIM application. Findings BIM has the potential to facilitate better informed BAM decision-making by integrating a wide range of information related to the physical condition of built assets, resources available for BAM and the built asset’s contribution to health-care provision within an organisation. However, interdepartmental information sharing requires a significant level of time and cost investment and changes to information gathering and storing practices within the whole organisation. Originality/value This research demonstrated that the implementation of BIM during the in-use phase of hospital buildings is different to that in the design and construction phases. At the in-use phase, BIM needs to integrate and communicate information within and between the estates, facilities division and other departments of the organisation. This poses a significant change management task for the organisation’s information management systems. Thus, a strategically driven top-down organisational approach is needed to implement BIM for the in-use phase of hospital buildings.

scholarly journals A Human Rights Focus to Upgrade China’s International Lending

2019 ◽  
Vol 5 (1) ◽  
pp. 69-97 ◽  
Author(s):  
Juan Pablo Bohoslavsky
Keyword(s):  
Human Rights ◽  
Legal Framework ◽  
Global Strategy ◽  
Infrastructure Investment ◽  
Investment Bank ◽  
International Lending ◽  
Positive Effects ◽  
Wide Range ◽  
Depth Analysis ◽  
New Development

Abstract This article offers, using a human rights approach, an in-depth analysis of the functioning of the China’s regulatory framework applicable to external lending through national and international financial institutions as well as concrete proposals to enhance that framework. The article describes and critically assesses the institutional and legal framework of the Chinese international lending and outbound investment, it studies the main trends in the Chinese lending to developing countries in the context of the Chinese “Going Global” strategy, and it presents the human rights impact of external lending and outbound investments in terms of both their positive effects and good practices as well as challenges and concerns. A particular attention is paid to the case of the new pertinent multilateral development banks: New Development Bank and Asian Infrastructure Investment Bank. After presenting the conclusions the article ends proposing for discussion recommendations addressing a wide range of stakeholders.

Victims' Rights Overview under the ICC Legal Framework: A Jurisprudential Analysis

2007 ◽  
Vol 7 (2-3) ◽  
pp. 531-547 ◽  
Author(s):  
Gioia Greco
Keyword(s):  
Rome Statute ◽  
Legal Framework ◽  
Second World War ◽  
International Level ◽  
World War ◽  
Victim Status ◽  
Wide Range ◽  
History Of ◽  
Compensation Claims ◽  
Second World

AbstractVictims' role in trials gained greater relevance over the span of the history of domestic legal systems. Even so, it was only after the Second World War that compensation claims enhanced the crescendo of victims' rights recognized at international level. The ICC legal framework stands out as a glaring achievement in the international field. In fact, the Rome Statute grants to victims a wide range of rights starting from the pretrial stage throughout the trial. The protection and involvement of victims in trials reflects not only procedural fairness but also takes into consideration victims' needs and claims for justice. Beginning from a teleological approach, this paper illustrates the victims' rights under the Rome Statute. Particularly, it analyzes the Court's jurisprudential interpretation of the underpinning criteria for victim status and the rights of participation and to justice as illustrated in the Lubanga case.

Customer asset management at DHL in Asia

2011 ◽  
Vol 1 (1) ◽  
pp. 1-6
Author(s):  
Jochen Wirtz ◽  
Indranil Sen ◽  
Sanjay Singh
Keyword(s):  
Asset Management ◽  
Management System ◽  
High Volume ◽  
Spare Parts ◽  
Customer Segmentation ◽  
Total System ◽  
Content Type ◽  
Customer Churn ◽  
Logistics Company ◽  
Wide Range

Subject area Marketing; customer segmentation; operations and logistics. Study level/applicability Undergraduate business and management students, MBA/MA level application for international marketing modules incorporating customer segmentation and customer asset management. Case overview DHL, the international air express and logistics company, serves a wide range of customers, from global enterprises with sophisticated and high volume supply-chain solutions shipping anything from spare parts to documents, to the occasional customer who ships the odd one or two documents a year. To be able to effectively manage such a diverse customer base, DHL implemented a sophisticated customer segmentation cum loyalty management system. The focus of this system is to assess the profitability from its customers, reduce customer churn, and increase DHL's share of shipments. Expected learning outcomes Case teaching objectives: to demonstrate the concept of customer segmentation with loyalty management as a total system in a logistics company setting, and to evaluate appropriateness of the classification; to utilize the concept of service tier model within the company's current operations, and to evaluate the effectiveness of the model; to analyze the implementation of the customer segmentation cum loyalty management system and development of the necessary rules required to classify the various accounts into categories; to highlight the possible challenges arising from the implementation of customer segmentation cum loyalty management system, and to discuss possible methods of resolution. Supplementary materials Teaching note.

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