(d) the relationship between differing Community rights and obligations; (e) following and considering the arguments put forward; (f) a consideration of the impact of the case on Community law and the English legal system. This reading gives you an opportunity to see where you are in your understanding of these matters. Van Gend en Loos was decided early in the development of Community law and remains a leading case on the potential legal effect of an article in one of the founding treaties in the legal system of Member States. 5.6.2 The initial reading It is always a good idea to quickly read documents before a more considered reading, as long as you know why you are reading them. So, please now turn to Appendix 2 and read the case quickly (note that the numbers in brackets from (1)–(97) have been placed in the case to assist you with later work on it. Just ignore them for now). Once you have read the case quickly and have a general idea of what it is about, read it a second time, more slowly, and then answer the following questions: (1) In no more than 50 words, state the facts of the case (the fewer words the better). (2) What does Vand Gend en Loos want the court to allow? (3) What has to be decided before Vand Gend en Loos can get what they want? (4) What is the rationale behind the decision? (5) What are the legal issues in the case? (6) Do you find the language of the case difficult, or the case itself difficult to read? Give reasons for your answer. 5.6.3 The second reading: the tabulated micro-analysis of the case What you may have noticed in your reading of the case and subsequent answering of the questions is that the language of the law report is very different in style to that of an English law report. You are reading a translation of the working language of the EU, which is French not English, although all languages have equal status within the Community. What you will have immediately noticed is that the report reads as a series of descriptions and assertions. You will not find the reasoned, illustrative argumentative techniques that are the more familiar to the common law lawyer. Think, for example, of the case of Mandla v Dowell Lee [1983] 1 All ER 162 or George Mitchell (Chesterhall) Ltd v Finney Lock Seeds [1983] 2 All ER 732–44. To assist you to methodically engage with this case, it has been broken down into a table style format that takes you through each paragraph. The paragraphs have been numbered in the table according to the bracketed numbers that have been inserted into the text in Appendix 3 so that you can read the actual paragraph as well as its précis in the table. This should be useful as you can see a steady demonstration of summarising dense or technical text. In addition, a classification of the function of each paragraph is given under headings such as:

2012 ◽  
pp. 172-172
Keyword(s):  
Legal System ◽  
General Idea ◽  
Community Law ◽  
Legal Effect ◽  
The Common ◽  
Initial Reading ◽  
Micro Analysis ◽  
The Impact ◽  
The Relationship

scholarly journals Formation of an Export-Oriented Agricultural Economy and Regional Open Innovations

2021 ◽  
Vol 7 (1) ◽  
pp. 32
Author(s):  
Victor L. Shabanov ◽  
Marianna Ya Vasilchenko ◽  
Elena A. Derunova ◽  
Andrey P. Potapov
Keyword(s):  
Agricultural Economy ◽  
Institutional Management ◽  
Agricultural Exports ◽  
Modeling Methodology ◽  
Fixed Assets ◽  
Analysis Application ◽  
The Impact ◽  
The Relationship

The aim of the work is to find relevant indicators for assessing the relationship between investments in fixed assets in agriculture, gross output of the industry, and agricultural exports using tools for modeling the impact of innovation and investment development on increasing production and export potential in the context of the formation of an export-oriented agricultural economy. The modeling methodology and the proposed estimating and forecasting tools for diagnosing and monitoring the state of sectoral and regional innovative agricultural systems are used to analyze the relationship between investments in fixed assets in agriculture, gross output of the industry, and agricultural exports based on the construction of the classification of Russian regions by factors that aggregate these features to diagnose incongruence problems and to improve institutional management in regional innovative export-oriented agrosystems. Based on the results of the factor analysis application, an underestimated role of indicators of investment in agriculture, the intensity and efficiency of agricultural production, were established. Based on the results of the cluster analysis, the established five groups of regions were identified, with significant differences in the level of investment in agriculture, the volume of production of the main types of agricultural products, and the export and exported food. The research results are of practical value for use in improving institutional management when planning reforms and transformations of regional innovative agrosystems.

scholarly journals Exercise Addiction and Perfectionism: A Systematic Review of the Literature

2021 ◽  
Vol 8 (1) ◽  
pp. 144-155 ◽  
Author(s):  
Gizem Çakın ◽  
Ignatius Darma Juwono ◽  
Marc N. Potenza ◽  
Attila Szabo
Keyword(s):  
International Classification Of Diseases ◽  
Situational Factors ◽  
Future Research ◽  
Statistical Manual ◽  
Exercise Addiction ◽  
Diagnostic And Statistical Manual ◽  
Classification Of Diseases ◽  
The Common ◽  
The Relationship

Abstract Background and aims Exercise addiction may be conceptualized as a behavioral addiction in which a person develops an unhealthy obsession with exercise and physical activity. While exercise addiction is not a formally recognized disorder in the Diagnostic and Statistical Manual or the International Classification of Diseases, it has been studied and connected to both personal and situational factors. Perfectionism is a feature that has been strongly linked to exercise addiction. The objective of this systematic literature review, performed by following the PRISMA protocol, was to examine relationships between exercise addiction and perfectionism while also considering the subdimensions of perfectionism in different groups. Methods Three databases (PsycINFO, PubMed/Medline, and SPORTDiscus) were examined. Sixty relevant articles were identified, of which 22 met inclusion criteria. Results The findings substantiate that perfectionism and its dimensions are weakly or moderately related to exercise addiction. This relationship has been observed in adults, adolescents, athletes, and patients with eating disorders. Of the 22 studies examined, only one did not identify an association between perfectionism or its subdomain(s) and exercise addiction. However, in most studies, the common variance between perfectionism and exercise addiction is relatively small, raising questions regarding the clinical relevance of the relationship. Conclusion Perfectionism is related to exercise addiction, but the strength of the relationship varies in different circumstances, which should be examined in future research.

Dependency in Africa: Stages of African Political Economy

1983 ◽  
Vol 9 (2) ◽  
pp. 229-247 ◽  
Author(s):  
Amechi Okolo
Keyword(s):  
Political Economy ◽  
International System ◽  
Raw Material ◽  
The West ◽  
Cheap Labour ◽  
History Of ◽  
The Common ◽  
First Contact ◽  
The Impact ◽  
The Relationship

This paper traces the history of the relationship between Africa and the West since their first contact brought about by the outward thrust of the West, under the impetus of rising capitalism, in search of cheap labour and cheap raw material for its industries and expanding markets for its industrial products, both of which could be better ensured through domination and exploitation. The paper identifies five successive stages that African political economy has passed through under the impact of this relationship, each phase qualitatively different from the other but all having the common characteristic of domination-dependence syndrome, and each phase having been dictated by the dynamics of capitalism in different eras and by the dominant forces in the changing international system. Its finding is that the way to the latest stage, the dependency phase, was paved by the progressive proletarianization of the African peoples and the maintenance of an international peonage system. It ends by indicating the direction in which Africa can make a beginning to break out of dependency and achieve liberation.

scholarly journals Research on Mediating Mechanisms and the Impact on Food Provision Services in Poor Areas from the Perspective of Stakeholders

2021 ◽  
Vol 18 (19) ◽  
pp. 10510
Author(s):  
Tianwei Geng ◽  
Hai Chen ◽  
Di Liu ◽  
Qinqin Shi ◽  
Hang Zhang
Keyword(s):  
Ecosystem Service ◽  
Behavioral Responses ◽  
The Loess Plateau ◽  
Trade Offs ◽  
Different Types ◽  
Mediating Mechanisms ◽  
The Common ◽  
Food Provision ◽  
The Impact ◽  
The Relationship

Exploring and analyzing the common demands and behavioral responses of different stakeholders is important for revealing the mediating mechanisms of ecosystem service (ES) and realizing the management and sustainable supply of ES. This study took Mizhi County, a poverty-stricken area on the Loess Plateau in China, as an example. First, the main stakeholders, common demands, and behavioral responses in the food provision services were identified. Second, the relationship among stakeholders was analyzed. Finally, this study summarized three types of mediating mechanisms of food provision services and analyzed the influence of the different types of mediating mechanisms. The main conclusions are as follows: (1) Five main stakeholders in the study area were identified: government, farmers, enterprises, cooperatives, and middlemen. (2) Increasing farmers’ income is the common demand of most stakeholders in the study area, and this common demand has different effects on the behavioral responses of different stakeholders. (3) There are three types of mediating mechanisms in the study area: government + farmers mediating corn and mutton, government + enterprises mediating millet, and government + cooperatives mediating apples. On this basis, the effects of the different types of mediating mechanisms on variations in food yield, and trade-offs and synergies in typical townships, were analyzed.

Can a replacing sponsor benefit?

2019 ◽  
Vol 53 (12) ◽  
pp. 2481-2500 ◽  
Author(s):  
François Anthony Carrillat ◽  
Reinhard Grohs
Keyword(s):  
Behavioral Intentions ◽  
Underlying Mechanism ◽  
Randomized Experiments ◽  
Altruistic Motive ◽  
Content Type ◽  
Consumer Responses ◽  
Sponsorship Effectiveness ◽  
The Common ◽  
The Impact ◽  
The Relationship

Purpose This paper aims to examine the common situation where the sponsor of an event is replaced and the impact of this situation on consumers’ behavioral intentions toward the new sponsor. Design/methodology/approach An original conceptual framework was developed to account for consumers’ reactions toward a new sponsor in the context of a sponsorship change, depending on whether the former and new sponsors are competitors, the duration of the relationship between the former sponsor and the event (tenure length), and the level of congruence between the new and the former sponsor and the event. This framework, based on consumer motive attributions, was tested by means of three completely randomized experiments. Findings The results of the first experiment show that if the former and new sponsors are competitors, consumers’ behavioral intentions toward the new sponsor are more positive if the former sponsor’s tenure duration was short. When the former and the new sponsors are not competitors, the former sponsor’s tenure duration does not impact behavioral intentions. The second experiment demonstrates that consumers’ altruistic motive attributions are the underlying mechanism that explains these effects. Finally, the third experiment identifies a boundary condition, that is, these effects occur only if the new and the former sponsor are congruent with the sponsored property. Research limitations/implications This research has not considered the situation where the former and new sponsors have different levels of congruence with the event (e.g. when the former sponsor is congruent but the new sponsor is incongruent with the event) and has examined only sponsorship tenure durations of one versus 15 years. Practical implications Sponsorship managers learn that replacing a sponsor that was supporting the event for a short rather than a long period of time is more beneficial, but only if replacing a competitor that is congruent with the sponsored property. The reason is that such a replacement triggers more altruistic motive attributions compared with contexts where the former sponsor is not a competitor or incongruent with the sponsored property. Suggestions of sponsorship activation strategies known to increase perceptions of altruism are provided to enhance sponsorship effectiveness for new sponsors. Originality/value This study is the first to look at how consumer responses to a new sponsor vary depending on the former sponsor’s tenure length, competitor status and event congruency.

scholarly journals Climate Adaptation Plans in the Context of Coastal Settlements: The Case of Portugal

2020 ◽  
Vol 12 (20) ◽  
pp. 8559
Author(s):  
Francesca Dal Cin ◽  
Martin Fleischmann ◽  
Ombretta Romice ◽  
João Pedro Costa
Keyword(s):  
Urban Areas ◽  
Essential Role ◽  
Climate Adaptation ◽  
Coastal Planning ◽  
Sea Levels ◽  
Response Plan ◽  
Rising Sea Levels ◽  
The Impact ◽  
The Relationship

The impact of sea-level rise on coastal towns is expected to be a major challenge, with millions of people exposed. The climate-induced risk assessment of coastal areas subject to flooding plays an essential role in planning effective measures for adaptation plans. However, in European legislation, as well as in the regional plans adopted by the member states, there is no clear reference to urban settlement, as this concept is variable and difficult to categorise from the policy perspective. This lack of knowledge makes it complicated to implement efficient adaptation plans. This research examines the presence of the issue in Portugal’s coastal settlements, the European coastal area most vulnerable to rising sea levels, using the case of seashore streets as the most exposed waterfront public urban areas. Using the morphometric classification of the urban fabric, we analyse the relationship between urban typology and legislative macro-areas aimed at providing integrated adaptation plans. The study suggests that there is only a minimal relationship between the proposed classification and the geographical zones currently identified in coastal planning policies. Such incongruence suggests the need for change, as the policy should be able to provide a response plan tailored to the specificities of urban areas.

scholarly journals Switching Hats: The Effect of Role Transition on Individual Ambidexterity

2017 ◽  
Vol 45 (4) ◽  
pp. 1517-1539 ◽  
Author(s):  
Michiel P. Tempelaar ◽  
Nicole A. Rosenkranz
Keyword(s):  
Role Transition ◽  
Future Research ◽  
Role Integration ◽  
Organizational Functions ◽  
Average Size ◽  
Functional Teams ◽  
Role Demands ◽  
The Impact ◽  
The Relationship

This article contributes to the growing body of research that focuses on the microfoundations of organizational ambidexterity, that is, understanding what enables individuals to address the exploitation-exploration dilemma. One central challenge generated by ambidexterity is the multiplicity and divergence of organizational roles, to which individuals need to cater when exploiting and exploring. Specifically, we point to the relevance of how individuals identify with and enact this multiplicity of role demands. Following identity theory, we apply the logic of role integration and role segmentation, a foundational classification of how individuals cognitively manage role multiplicity. Further, as different role domains often require the interaction with other organizational functions, we test for the moderating effect of cross-functional coordination on the relationship between role segmentation and individual ambidexterity. Based on data from 120 global account managers employed by multinationals with an average size of 73,348 employees, our results indicate that role segmentation negatively influences an individual’s ability to behave ambidextrously. Interestingly, though, when operating in cross-functional teams, the impact of role segmentation becomes positive. We conclude by highlighting the scope and significance of these findings for theory, managerial practice, and future research.

scholarly journals DOMESTIC LAW AND INTERNATIONAL LAW IN BRAZIL

2018 ◽  
Vol 4 (5-6) ◽  
pp. 197-222
Author(s):  
Ana Cristina Paulo Pereira ◽  
Eraldo Silva Júnior
Keyword(s):  
International Law ◽  
Know How ◽  
Legal Effect ◽  
Critical Issues ◽  
International Obligations ◽  
Theoretical Question ◽  
International Conventions ◽  
The Impact ◽  
The Relationship ◽  
Domestic Law

International law, which main sources are agreements and international conventions, is increasingly present in internal affairs in such way that it is difficult to imagine an area of national law which has not been affected in some way by standards imposed by agreements. But how and to what extent international law will be applied internally will depend on the way in which States comply with their international obligations. Therefore, it is essential to know how States bestow domestic legal effect to their agreements. The theoretical question about the relationship between domestic law and international law is usually presented on the basis of dualistic (or pluralistic) and monistic theories, that can not, however, comprehensively cover all aspects of this relationship. The Constitution of the Federative Republic of Brazil recognizes, yet indirectly, international agreements as part of domestic law, but left important aspects related to its application without answers. Thus, the Brazilian judiciary has faced critical issues relating to the impact of agreements in domestic law, particularly regarding its duration, effects and hierarchical position. Despite the Brazilian judicial performance, legal uncertainties regarding the matter persist, which will be exposed in this article.

scholarly journals THE CONSUMER PROTECTION ACT AND THE INNKEEPER’S LIABILITY FOR THE PROPERTY OF THE GUEST

Obiter ◽  
2017 ◽  
Vol 38 (3) ◽  
Author(s):  
Mark Tait
Keyword(s):  
Consumer Protection ◽  
Strict Liability ◽  
Consumer Contract ◽  
Media Report ◽  
Advance Reservations ◽  
Consumer Protection Act ◽  
Bed And Breakfast ◽  
The Common ◽  
The Impact ◽  
The Relationship

Literally thousands of consumer agreements are concluded every day between innkeepers and their guests. For present purposes an innkeeper is understood to be a supplier of accommodation services and, in turn, implies the proprietor of an accommodation establishment, such as a hotel, lodge and bed and breakfast establishment. It is unfortunately not uncommon that property of some consumers of accommodation services are damaged or lost through theft or other causes whilst making use of these services. As an example may serve a media report where the Daily Dispatch reported on an incident stemming from an alleged theft by employees of the Kariega Game Reserve from guests at the Reserve. This perennial problem raises the issue as to the liability of the supplier for loss of or damage to the property of the consumer whilst the latter is making use of the accommodation services of the supplier. In the praetorian edict de nautius, cauponibus et stabulariis the common law provides a specific solution as to the liability of the supplier. The edict, which is a consequence of the contract for accommodation services between the supplier and the consumer of those services, imposes strict liability on the supplier for loss of, or damage to, the property of the consumer. This protection, however, is largely negated by the general practice of expressly excluding the liability imposed by the edict in the consumer agreement between the parties.The introduction of the Consumer Protection Act 68 of 2008 (CPA) saw a number of specific provisions impacting the relationship between consumer and supplier of accommodation services – such as provisions pertaining to equality (s 8 and 9); privacy (s 11 and 12); cancellation of advance reservations (s 17); and customer loyalty programmes (s 35), to name but a few.The CPA also has implications for the supplier of accommodation services when it comes to the supplier’s liability for the loss of, or damage to, the property of the consumer. This note focuses on two particular aspects. The first considers briefly the impact of the Act on clauses excluding the liability of the supplier for loss or damage to the consumer’s property. Provisions of the CPA regulating the use of clauses excluding liability may therefore have relevance for the praetorian edict, as the protection provided by the edict is excluded as a standard practice, as stated. The edict, because of the impact of the CPA, therefore may resume its relevance of earlier years.The second aspect pertains specifically to section 65(2) of the CPA. This provision imposes a duty on suppliers in general to account for the property of the consumer when such property is in possession of the supplier. As a matter of course guests bring property into the accommodation establishment of the innkeeper with which the consumer has contracted. If such property is lost or damaged (through no fault of the consumer) the question arises whether section 65(2) can find application. If it does, it can have significant consequences for both suppliers and consumers, but if not, then an understanding of the impact of the CPA on the use of clauses in a consumer contract excluding liability becomes even more important.

scholarly journals Risk management in the group of companies n the distribution of funds

2021 ◽  
Vol 14 (2) ◽  
pp. 223-230
Author(s):  
L. N. Gerasimova
Keyword(s):  
Risk Management ◽  
Classification Criteria ◽  
Investment Projects ◽  
Holding Company ◽  
Key Concepts ◽  
Net Assets ◽  
The Impact ◽  
The Relationship ◽  
Authorized Capital

The article discusses the mechanisms of distribution of funds within a group of companies and analyzes the risks that arise in various situations. It is shown that the risks depend on the type of interdependence of companies, the impact on subsidiaries, etc., the classification of holdings with the characteristics of key concepts is given. The classification criteria are considered: the type of interdependence of companies, the influence of the parent company, the nature of the relationship. Examples of the structure of a group of companies are presented. The processes of financing the operating activities of the holding company, in which the management company distributes the group’s funds to its subsidiaries in order to make the business profitable, are analyzed. The processes of financing investment projects of subsidiaries involving the provision of specific projects with resources are analyzed and the current options for reallocating funds in the group are shown, taking into account the risks. The methods of using business contracts, intra-group loans in the redistribution of money within the group are considered. The variants of their optimal use in various situations are shown. There are three main types of risks that you need to pay attention to first of all: a decrease in net assets, cash gaps and taxes. Taking into account these areas, the methods of reducing the risks of intra-group financing are described and recommendations are given on what to do in these situations. The formula for calculating net assets is presented, the calculation of which is carried out in order to compare the value of net assets with the value of the authorized capital. Methods of reducing the risk of cash gaps are considered. Tax risks are analyzed and measures to reduce them are proposed.

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