The Emergence of Sports Law in Kenya

2019 ◽  
pp. 241-262
Author(s):  
Asha Mikinyango
Keyword(s):  
Dispute Resolution ◽  
Conflict Of Interest ◽  
Government Intervention ◽  
Sports Law ◽  
Sports Industry ◽  
Competitive Industry ◽  
The Government ◽  
Judicial Treatment

Sports law is a relatively new topic in Kenya. Once played for recreational purposes and entertainment, sports have become professionalized and commercialized. This evolution led to government intervention to prevent a conflict of interest. The government in Kenya created and regulated the infrastructure supporting these sports, as well as provided dispute resolution mechanisms for arising issues. This infrastructure included both the legal and structural frameworks of the industry. The government intervention ran through the legislature and the judiciary. Through the legislature, the government created laws to regulate the sports industry. The judiciary adjudicated issues demanding judicial treatment. Sports have grown into a highly competitive industry with global pervasiveness. This chapter will discuss regulative and structural frameworks within the sports industry by highlighting the legislation primarily providing sports law. The chapter then highlights contemporary issues as well as make recommendations on the same.

Medical disputes and mediation in China: Government and responsibility shifting

2018 ◽  
Vol 33 (3) ◽  
pp. 350-371 ◽  
Author(s):  
Jing Zhang ◽  
Yongshun Cai
Keyword(s):  
Conflict Resolution ◽  
Dispute Resolution ◽  
Government Intervention ◽  
Social Contexts ◽  
Chinese Government ◽  
Social Conflicts ◽  
Medical Disputes ◽  
Heavy Burden ◽  
Specialized Institutions ◽  
The Government

Because of the heavy burden that the resolution of social conflicts imposes on the Chinese government, the government is motivated to delegate or shift its conflict resolution responsibilities to specialized institutions, including social organizations. However, the effectiveness of responsibility shifting is conditional on the types of conflict and social contexts. Focusing on the resolution of medical disputes in China, this article examines the conditions under which the government can avoid direct and heavy involvement in dispute resolution. The government can effectively delegate the responsibility for resolving conflicts when the disputing parties perceive the mediation agencies as impartial. Having effective institutions thus limits government intervention to only a small number of disputes. This study is based on an analysis of 1351 medical disputes and about 80 interviews with parties involved in dispute resolution.

Timber

2018 ◽  
Author(s):  
Christine Cheng
Keyword(s):  
Civil War ◽  
Dispute Resolution ◽  
Charles Taylor ◽  
The Other ◽  
Other Hand ◽  
Forestry Sector ◽  
The Government ◽  
The One ◽  
Timber Market

During the civil war, Liberia’s forestry sector rose to prominence as Charles Taylor traded timber for arms. When the war ended, the UN’s timber sanctions remained in effect, reinforced by the Forestry Development Authority’s (FDA) domestic ban on logging. As Liberians waited for UN timber sanctions to be lifted, a burgeoning domestic timber market developed. This demand was met by artisanal loggers, more commonly referred to as pit sawyers. Out of this illicit economy emerged the Nezoun Group to provide local dispute resolution between the FDA’s tax collectors and ex-combatant pit sawyers. The Nezoun Group posed a dilemma for the government. On the one hand, the regulatory efforts of the Nezoun Group helped the FDA to tax an activity that it had banned. On the other hand, the state’s inability to contain the operations of the Nezoun Group—in open contravention of Liberian laws—highlighted the government’s capacity problems.

Understanding, significance and legal methods of solution of disputes related to sports

ANCIENT LAND ◽  
2021 ◽  
Vol 03 (04) ◽  
pp. 8-14
Author(s):  
Elcan Elman oğlu Həsənli ◽  
Keyword(s):  
Dispute Resolution ◽  
Alternative Dispute Resolution ◽  
Sports Law ◽  
Historical Process ◽  
Amateur Athletes ◽  
Sports Organizations ◽  
Sports Arbitration ◽  
Judicial Authority

Sports has become an increasingly important and professionalized sector in our age. The increase in the number of professional and amateur athletes as well as sports organizations in the historical process has brought about an increase in the number of national and international competitions. Parallel to this development, conflicts related to sports have also increased and these conflicts have to be resolved in accordance with the sport's own body. Indeed, settling the disputes that arise especially in international competitions as soon as possible will affect the fate of the competitions. However, the existence of many organizations operating in this field and the inconsistencies that emerged between their decisions and practices increased the need for uniformity in this area. As a judicial authority to meet this need, CAS has undertaken this job. Although the CAS has not closed its door to other alternative dispute resolution methods, it has come to the fore especially with the advantages it provides arbitration. CAS has fulfilled its duty to settle the disputes arising from sports law in a swift and fair manner with the decisions it has made so far. Keywords: Sports law, sports-related disputes, mediation, sports arbitration, CAS

Bank competition, government intervention and SME debt financing

2017 ◽  
Vol 7 (4) ◽  
pp. 478-492 ◽  
Author(s):  
Jianhua Du ◽  
Chao Bian ◽  
Christopher Gan
Keyword(s):  
Government Intervention ◽  
Generalized Method Of Moments ◽  
External Debt ◽  
Ordinary Least Squares ◽  
Debt Financing ◽  
Bank Loans ◽  
Bank Competition ◽  
Firm Level ◽  
Content Type ◽  
The Government

Purpose The purpose of this paper is to examine the effects of the government intervention and bank competition on small and medium enterprise (SME) external debt financing in Chinese capital market. Design/methodology/approach This study uses ordinary least squares with standard errors clustered at the firm level. In addition, the authors use the dynamic system generalized method of moments to address the possible endogeneity issue in the regressions. Findings Using a sample of 908 firms from 2000 to 2010, the authors found that SMEs are more likely to access bank loans only in regions with higher level of government intervention than median government intervention. Further, the result shows that the government is motivated to help SMEs to obtain more external debt in regions where the level of bank competition is lower than the median bank competition index. Last, the authors found evidence that firms with politically connected CEOs are likely to access bank loans. Research limitations/implications This paper highlights that government intervention enables the SMEs to secure more bank loans. Second, the authors’ results imply that the government is motivated to help SMEs to obtain more external debt in regions with low level of bank competition. Originality/value This study contributes to the current literature by revealing that government intervention is the driving force alleviating SMEs’ constraints in accessing external financing. Second, this study finds the evidence to supports the argument that government has a strong motive to help SMEs to secure long-term credits for political purpose (Fan et al., 2012), when the level of bank competition is low (Berger and Udell, 2006).

THE IMPACT OF GOVERNMENT INTERVENTION ON TECHNOLOGICAL REGIMES: THE SOURCING OF FINANCIAL INNOVATION

2018 ◽  
Vol 22 (03) ◽  
pp. 1850025
Author(s):  
PETER T. GIANIODIS ◽  
MATTHIAS THÜRER
Keyword(s):  
Government Intervention ◽  
Financial Innovation ◽  
Punctuated Equilibrium ◽  
Technological Regime ◽  
Knowledge Sourcing ◽  
Technological Regimes ◽  
Governmental Intervention ◽  
Disruptive Change ◽  
The Government ◽  
The Impact

Scholars and managers alike seek to better explain disruptive change and its effects on technological regimes. In this study, we apply two logics of change — Schumpeterian and punctuated equilibrium — and conduct a natural experiment to evaluate how a governmental intervention shock affected the sourcing of knowledge within an existing technological regime. In particular, we investigate the extent to which patterns of knowledge sourcing changed within the technological regime governing financial innovation. We find that patterns of knowledge sourcing change subsequent to the government intervention, but in more nuanced ways as predicted by Schumpeterian and punctuated equilibrium logic. Specifically, knowledge sourcing demonstrates an “accelerated” punctuated equilibrium change with knowledge convergence between incumbents and new entrants occurring under high levels of uncertainty, rather than when the regime stabilized. We discuss the implications on Schumpeter’s concept of creative destruction, as disruptive change may only undermine some aspects of an existing technological regime.

scholarly journals TOWARDS AN EFFECTIVE KENYAN LABOUR DISPUTE RESOLUTION SYSTEM: A COMPARISON WITH THE SOUTH AFRICAN LABOUR DISPUTE RESOLUTION SYSTEM

Obiter ◽  
2018 ◽  
Vol 39 (2) ◽  
Author(s):  
Johana K Gathongo ◽  
Adriaan van der Walt
Keyword(s):  
Dispute Resolution ◽  
Comparative Approach ◽  
Labour Relations ◽  
Resolution System ◽  
Labour Dispute ◽  
Wide Range ◽  
Labour Standards ◽  
International Labour Standards ◽  
The Government ◽  
Dispute Resolution System

There have been notable concerns in the current dual dispute resolution system in Kenya. The problems include protracted referral timeframes for dismissal disputes, non-regulation of maximum timeframes for the agreed extension after 30 days conciliation period has lapsed, the absence of statutory timeframes for appointing a conciliator/ commissioner and arbitration process under both the Labour Relations Act, 2007 and the Employment Act, 2007. Likewise, the responsibility of resolving statutory labour disputes in Kenya is still heavily under the control of the government through the Ministry of Labour. There is still no independent statutory dispute resolution institution as envisaged by the Labour Relations Act, 2007. As a result, the Kenyan dispute resolution system has been criticised for lack of impartiality leading to the increase in strikes and lockouts.This article examines the effectiveness of the Kenyan labour dispute resolution system. The article evaluates the provisions of international labour standards relevant to labour dispute resolution. The article illuminates and describes the bottlenecks in the current Kenyan system and argues that it does not adequately respond to the needs of parties in terms of the international labour conventions. A comparative approach with South Africa is adopted to see how independent institutions, such as the Commission for Conciliation, Mediation and Arbitration, Bargaining Councils and specialised Labour Courts can lead to effective dispute resolution. In view of that, a wide range of remedial intervention intended to address the gaps and flaws highlighted in the study are made. Systematically, the article provides suggestions and possible solutions for a better institutional framework and processes to address them.

scholarly journals POLICY ANALYSIS MATRIX FOR THE ESSENTIAL CEREAL CROPS VARIETIES (RICE BUHOOTH 1, AND CORN SYNTHETIC GENOTYPE BAGHDAD 3) (STUDY CASE) IN IRAQ FOR THE YEAR 2012

2017 ◽  
Vol 48 (3) ◽  
Author(s):  
Lateef & et al.
Keyword(s):  
Policy Analysis ◽  
Comparative Advantage ◽  
Government Intervention ◽  
Cereal Crops ◽  
Cost Coefficient ◽  
Governmental Support ◽  
Resource Cost ◽  
The Government ◽  
Domestic Producer ◽  
Policy Analysis Matrix

The objective of this research was to analyze the economic impact of government intervention in the essential cereal crops for (Rice Buhooth1, and Synthetic genotype Baghdad3) by comparing the social price and private prices through adopting policy analysis matrix approach PAM and the derived parameters from it .The research was divided into two chapters; the first chapter was about field counting for the policy analysis matrix PAM and measuring the implications of the government intervention on the Rice Buhooth1. The second chapter was about explaining the field counting for policy analysis matrix PAM and measuring the implications of the government intervention impact on the second synthetic genotype Baghdad3.The research found a set of results, the most important result showed that the value of profitability coefficient was about 3.69, this indicates that the rice crop production system for the Rice Buhooth 1  takes advantage of the adopted government policy in that year, which means that there is governmental support for the product. In addition, domestic resource cost coefficient value which was about 0.72 indicates that there is comparative advantage for the Rice Buhooth 1  for the year 2012. The values of the nominal and effective protection coefficient were about 1.74 and 1.59 respectively; the value of the first factor indicates that there is governmental support for the domestic producer for the above, while the second factor indicates that the domestic producer will obtain greater returns in the investment of its resources in the existence of the government intervention from its absence. Regarding the Synthetic genotype Baghdad3, the value of profitability coefficient was about  1.75  which means that there is governmental support for the product. The domestic resource cost coefficient value was about 0.24 which indicates that there was comparative advantage for the mentioned above for the year 2012. The values of the nominal and effective protection coefficient were about 1.48 and 1.56 respectively; the value of the first factor indicates that there is governmental support for the domestic producer for the above, while the second factor indicates that the domestic producer will obtain greater returns in the investment of its resources in the existence of the government intervention from its absence. Finally, it is highly recommended that support should be increased for the varieties that the country has greater comparative advantage in order to improve the utilization of available resources and reduce wasted resources. Moreover, similar studies should be done in the future by other researchers to major cereal crops varieties at the country level in order to do comparison between them to set a mechanism for the government intervention policy in the main crop prices in the country which help both the local producer and agricultural investor in directing its resources properly.

The Government and the Shipping Industry

2012 ◽  
pp. 289-302
Author(s):  
Ralph Davis
Keyword(s):  
Eighteenth Century ◽  
Working Conditions ◽  
Government Intervention ◽  
Elizabeth I ◽  
Shipping Industry ◽  
British Government ◽  
Level Of Involvement ◽  
The Government ◽  
Navigation Acts ◽  
Law Making

This chapter explores the level of involvement of the British government in mercantile shipping during the seventeenth and eighteenth centuries. It provides the history behind the 1651 Navigation Act and the previous instances of British trade being restricted to British vessels, which date as far back as the fourteenth century and were also present during the reign of Elizabeth I. It then analyses the competition between British and Dutch shipping and the escalating tensions that caused the passing of the 1651 Navigation Act and the outbreak of the Dutch wars. It lists the Navigation Act provisions that applied to shipping, and attempts to answer what scope foreign ships had to trade with England as a result of its implementation. Though the bulk of the chapter discusses the Navigation Acts and their fallout, it also considers the increase of government intervention in maritime activity during the eighteenth century which included law-making efforts concerning the Navy, and investment in docks and ports. It concludes that government intervention, when present, was often beneficial to the industry, particularly when it came to employment issues and working conditions.

The Steamboat, Safety and the State: Government Reaction to New Technology in a Period of Laissez-Faire

2011 ◽  
pp. 51-74
Author(s):  
John Armstrong ◽  
David M. Williams
Keyword(s):  
Nineteenth Century ◽  
State Government ◽  
Government Intervention ◽  
New Technology ◽  
Steam Power ◽  
Role Of Government ◽  
Government Response ◽  
Laissez Faire ◽  
The Government

This chapter explores the government reaction to steam power and the issues of public safety that surrounded it. In particular, it questions the lack of prominent government intervention until the middle of the nineteenth century. It studies the economic advantages of steam over sail; the new hazards associated with steam power and the causes and rates of accidents; the call for government intervention which grew out of these hazards; an analysis of the lack of government response to this pressure for close to thirty years; and a study and assessment of the action eventually taken. It concludes by bringing these points together and places them into the wider context of maritime safety, the role of government, the problematic aspects of laissez-faire politics, and the difficulties inherent in the transition to new technology.

scholarly journals Research on an Enterprise Remanufacturing Strategy Based on Government Intervention

Energies ◽  
2020 ◽  
Vol 13 (24) ◽  
pp. 6549
Author(s):  
Jian Cao ◽  
Jiayun Zeng ◽  
Yuting Yan ◽  
Xihui Chen
Keyword(s):  
Supply Chain ◽  
Supply Chain Management ◽  
Government Regulation ◽  
Stackelberg Game ◽  
Government Intervention ◽  
Green Supply Chain Management ◽  
Green Supply Chain ◽  
Social Benefits ◽  
Chain Management ◽  
The Government

Due to rapid economic development and population growth, environmental pollution problems such as urban pollution and depletion of natural resources have become increasingly prominent. Municipal solid waste is part of these problems. However, waste is actually an improperly placed resource. As a part of green supply chain management, remanufacturing can turn waste products into remanufactured products for resale. Based on the development status of China’s remanufacturing industry, this paper establishes three Stackelberg game models, namely the free recycling model (model N), the government regulation model based on the reward–penalty mechanism (model G), and the government dual-intervention model (model GF). In this study, the standard solution method for the Stackelberg game method, namely the backward induction method, is applied to solve the dynamic game equilibrium. For comparison, a further numerical analysis is also carried. The research results show that: (1) in the closed-loop supply chain based on remanufacturing, the strengthening of cooperation between manufacturers and remanufacturers is beneficial in terms of maximizing supply chain profits; (2) in order to maximize social benefits, the government needs to intervene in green supply chain management; (3) government regulation is particularly important when the remanufacturing industry is in the initial stage of development; (4) government intervention needs to be based on the development level of the remanufacturing industry; (5) in order to maximize social benefits, it is recommended that the government consider the ratio between the green consumption subsidies and the taxes on new products.

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