scholarly journals Considerations on exclusivity clauses

2020 ◽  
Vol 14 ◽  
pp. 286-292
Author(s):  
Chirieac Roxana Maria
Keyword(s):  
The Other ◽  
Market Development ◽  
Free Access ◽  
Specific Interest ◽  
Other Hand ◽  
The World ◽  
Internet Sales ◽  
International Regulations ◽  
Digital Commerce ◽  
The Right

In the context of internet sales can we still speak about a traditional exclusivity clause inserted in commercial contracts? As a market development, we can see that even without the COVID 19 pandemic, Internet sales were boosted all over the world. With international actors such as Amazon, JD.com Inc., E-bay or Apple as well as many others, we have seen ecommerce sale rise up to 3.46 trillion US dollars in 2019 alone. Even if these sales only amount to 16.4% of global sales, according to digital commerce specialists, the numbers will be much higher during and post pandemic. This being said, is there any place left for traditional exclusivity clauses inserted in many commercial contracts such as franchise, distribution or agency contracts? What will happen with specific clauses that grant one of the parties the right to an exclusive use of a territory or the right to address a certain population? During the years, doctrine as well as jurisprudence has shown that exclusivity clauses must be drafted with balance; the risk is huge in the sense that it might restrict the free access to the market, offer clients products that are of lesser quality or lead to a stranglehold of the market. On the other hand, the use of contracts that contain exclusivity clauses might become irrelevant for the beneficiary as they will no longer offer the protection and specific interest. The study aims to analyse exclusivity clauses as defined in the national and international regulations as well as study the current framework and the jurisprudence’s position on exclusivity clauses, especially the ones related to e-commerce.

scholarly journals The Right to Citizenship – Slovenia and Australia

2021 ◽  
Vol 8 (1) ◽  
Author(s):  
Robert Walters
Keyword(s):  
The Other ◽  
Former Yugoslavia ◽  
Nation State ◽  
Important Principle ◽  
Other Hand ◽  
The World ◽  
Rule Changes ◽  
The Right ◽  
Citizenship Laws ◽  
The Impact

Most people across the world automatically assume citizenship at birth or acquire citizenship by descent or naturalisation. Since the growth of the concept of citizenship from the French and American Revolutions, it has become an important principle to the nation state and individual. Citizenship is the right to have rights. However, the right to citizenship is limited. In some cases when territorial rule changes the citizenship laws may exclude individuals resident in the territory. This article compares the development of the first citizenship laws in Australia and Slovenia, and the impact that these new laws had on the residents of both states. The first citizenship laws established by Australia were in 1948. More than forty years later in 1990, when Slovenia finally obtained independence from the former Yugoslavia, the new country was able to establish their own citizenship laws. The result of the Slovenian citizenship laws saw many former Yugoslav citizens who were resident in Slovenia being without citizenship of any state. Subsequently, these people were declared stateless. On the other hand, for Australia, the outcome was relatively smooth with the transition from British subjects to Australian citizenship.

“Never the Right Food”

2015 ◽  
Vol 19 (1-2) ◽  
pp. 84-106
Author(s):  
Michial Farmer
Keyword(s):  
Physical World ◽  
The Other ◽  
Other Hand ◽  
The World ◽  
Wise Blood ◽  
God's Call ◽  
The Right ◽  
Desperate Attempt

Flannery O’Connor’s first novel, Wise Blood, and John Updike’s second, Rabbit, Run, both deal with the convergences and divergences of the physical and material worlds. Both feature characters who are driven by instinctual longings for or away from divinity, and both feature complicated relationships between their characters and the gods they seek and flee. But the conclusions drawn by these two novels are contradictory. O’Connor’s Hazel Motes, in his desperate attempt to escape from God’s call, ends up performing a painful bodily penance and presumably finds God present in his suffering. Updike’s Harry Angstrom, on the other hand, does his best to find God’s active presence in the world but ends up alienated from that presence, subsumed in the physical world in which he seeks it. This paper seeks an answer for this divergence in endings.

scholarly journals The Mutual Rights and Duties of the Public and the Sovereignty in the Teachings of Nahj Al-balagha

2018 ◽  
Vol 4 (2) ◽  
pp. 185-188
Author(s):  
Hamed Purrostami
Keyword(s):  
Education System ◽  
The Other ◽  
The Public ◽  
Distribution Of Wealth ◽  
Contemporary World ◽  
Other Hand ◽  
The People ◽  
The World ◽  
Fair Distribution ◽  
The Right

Mutual duties and rights between people and sovereignty is one of the strategic and significant issues in the contemporary world. In the Islamic teachings especially Nahjulbalaghah it is not that the right is allocated to the ruler and government and on the other hand people only have duties and responsibilities. Rather the ruler has the significant duties even if he would be innocent. Among the strategic tasks of the ruler and leader are: Benevolence, Fair distribution of wealth and management of education system. These duties are, at the same time, the rights of the people and the ruler. On the other hand, people have duties in front of the Islamic ruler. In other words, these duties are rights of Religious Governance including loyalty to sovereignty, Support and response to demands of authority and etc. It is worthy to mention, the main aim of these rights and duties has been devised to provide the felicitous life for people in the world and hereafter.

Who Reads Poetry?

PMLA ◽  
2008 ◽  
Vol 123 (1) ◽  
pp. 181-187 ◽  
Author(s):  
Virginia Jackson
Keyword(s):  
The Other ◽  
Other Hand ◽  
The World ◽  
The Right

My title is meant to pose a real question. It's an old question, but it is worth asking why the anxiety betrayed by the question has been around for so long, and especially why it has spiked in recent years. The question expresses a worry that nobody reads much poetry, or that few people do, or that the right people don't at the right times or in the right ways. So it's a real question to which it's difficult to give a real answer, since the sane response to such anxiety tends to be either “You're right to worry, since nobody reads poetry these days” or “Don't worry; lots of people do. You just haven't noticed.” In her 2006 address as outgoing president of the MLA, Marjorie Perloff gave a little of both responses. “Out in the world beyond the academy, individual poets are warmly celebrated …,” Perloff told her audience (654). Don't worry, in other words. On the other hand, do worry, since that “beyond” means that those gathered—that is, literary critics, members of the MLA, all of us in that room or reading this journal—have not noticed such warm popular celebrations because we are the ones who don't read poetry these days or who don't read it in the right ways. “A specter is haunting the academy, the specter of literature,” Perloff warned us, turning worry into revolutionary foreboding (658). We sat back in our seats, reassured. Oh good, we thought, poetry is about to make a comeback.

Abortion, Abandonment, and Positive Rights: The Limits of Compulsory Altruism

1993 ◽  
Vol 10 (1) ◽  
pp. 166-191 ◽  
Author(s):  
Roderick T. Long
Keyword(s):  
Pregnant Woman ◽  
The Other ◽  
Proper Understanding ◽  
Other Hand ◽  
Moral Perspective ◽  
Positive Rights ◽  
Moral Domain ◽  
The World ◽  
The Right ◽  
Rule Out

We began with three propositions: that people have a right not to be treated as mere means to the ends of others, that a woman who voluntarily becomes pregnant nevertheless has the right to an abortion, and that a woman who voluntarily gives birth does not have a right to abandon her child until she finds a substitute caretaker. These propositions initially seemed inconsistent, for the prohibition on treating others as mere means appeared to rule out the possibility of positive rights, thus making it impossible to countenance the right to abort or the right not to be abandoned (both of which, it was argued, are positive in form).But we have seen that the prohibition on treating people as mere means to the ends of others is best understood as ruling out basic positive rights while permitting derivative ones. Since a willing mother is responsible for bringing her child into the world in the first place, she cannot abandon it without violating its negative right not to be killed, and so such a child has a derivative positive right not to be abandoned. A pregnant woman, on the other hand, has a negative right not to have her body invaded, and from this negative right derives a positive right to abort her fetus, so long as doing so is not disproportionate to the seriousness of the threat (as it is not in the case of involuntary pregnancy, or of pregnancy which has become involuntary). Therefore, far from being in conflict, propositions (1), (2), and (3) have been shown to be in harmony with one another, the latter two being plausibly grounded in the first. Insofar as we have reason to accept (1), then, we have reason to accept (2) and (3). Moreover, we have seen that a proper understanding of (1) allows us to embed (2) and (3) in a larger moral perspective in which the limits of compulsory altruism are firmly drawn: enforceable rights to the use or assistance of others may be allowed into the moral domain only if they are “sponsored” by some negative right. Every putative positive right must find such a sponsor, or perish.

PRAVO NA SLOBODAN PRISTUP INFORMACIJAMA OD JAVNOG ZNAČAJA

Glasnik prava ◽  
2021 ◽  
Vol 12 (1) ◽  
pp. 89-101
Author(s):  
Ružica Kijevčanin ◽  
Keyword(s):  
The Other ◽  
Free Access ◽  
Daily Routine ◽  
Right To Know ◽  
Access To Information ◽  
Free Society ◽  
The Right To Know ◽  
The World ◽  
Right To Information ◽  
The Right

The right to free access to information of public importance is a condition for the enjoyment of other fundamental human rights and freedoms, and above all freedom of opinion, the right to information, the right to vote, etc. Man is a biological, psychological, legal, economic, but also informational being, so the exchange of information is a daily routine that allows him to learn, upgrade and spread various intellectual products, that is, to function in the world. Democracy and free society, as the ideals of today, imply a tireless struggle for the unhindered exercise of the right to free access to information, the importance of which is reflected in two basic reasons. One reason refers to the fact that a person was born with the right to know, and the other reason is in his political nature. By participating in the elections, an individual chooses his representative whom he trusts, so the least he can expect in return is to be informed about everything that interests him and is in his interest, and what the elected bodies have. The importance of the right to free access to information is immeasurable, so it is also called the "oxygen of democracy".

Simone de Beauvoir's Philosophy of Individuation

2017 ◽  
Author(s):  
Laura Hengehold
Keyword(s):  
Lived Experience ◽  
20Th Century ◽  
Sexual Difference ◽  
Gilles Deleuze ◽  
The Other ◽  
Simone De Beauvoir ◽  
Second Sex ◽  
Other Hand ◽  
The World

Most studies of Simone de Beauvoir situate her with respect to Hegel and the tradition of 20th-century phenomenology begun by Husserl, Heidegger, and Merleau-Ponty. This book analyzes The Second Sex in light of the concepts of becoming, problematization, and the Other found in Gilles Deleuze. Reading Beauvoir through a Deleuzian lens allows more emphasis to be placed on Beauvoir's early interest in Bergson and Leibniz, and on the individuation of consciousness, a puzzle of continuing interest to both phenomenologists and Deleuzians. By engaging with the philosophical issues in her novels and student diaries, this book rethinks Beauvoir’s focus on recognition in The Second Sex in terms of women’s struggle to individuate themselves despite sexist forms of representation. It shows how specific forms of women’s “lived experience” can be understood as the result of habits conforming to and resisting this sexist “sense.” Later feminists put forward important criticisms regarding Beauvoir’s claims not to be a philosopher, as well as the value of sexual difference and the supposedly Eurocentric universalism of her thought. Deleuzians, on the other hand, might well object to her ideas about recognition. This book attempts to address those criticisms, while challenging the historicist assumptions behind many efforts to establish Beauvoir’s significance as a philosopher and feminist thinker. As a result, readers can establish a productive relationship between Beauvoir’s “problems” and those of women around the world who read her work under very different circumstances.

Covid-19 – rumours and facts in media

2020 ◽  
Vol 11 (SPL1) ◽  
pp. 171-174
Author(s):  
Tarare Toshida ◽  
Chaple Jagruti
Keyword(s):  
Social Media ◽  
Preventive Measures ◽  
Vital Role ◽  
The Other ◽  
Sources Of Information ◽  
Other Hand ◽  
Corona Virus ◽  
The People ◽  
The World

The covid-19 resulted in broad range of spread throughout the world in which India has also became a prey of it and in this situation the means of media is extensively inϑluencing the mentality of the people. Media always played a role of loop between society and sources of information. In this epidemic also media is playing a vital role in shaping the reaction in ϑirst place for both good and ill by providing important facts regarding symptoms of Corona virus, preventive measures against the virus and also how to deal with any suspect of disease to overcome covid-19. On the other hand, there are endless people who spread endless rumours overs social media and are adversely affecting life of people but we always count on media because they provide us with valuable answers to our questions, facts and everything in need. Media always remains on top of the line when it comes to stop the out spread of rumours which are surely dangerous kind of information for society. So on our side we should react fairly and maturely to handle the situation to keep it in the favour of humanity and help government not only to ϑight this pandemic but also the info emic.

STUDY OF ORNAMENTS IN HUNTO SULTAN AMAY MOSQUE GORONTALO

ARTic ◽  
2019 ◽  
Vol 4 ◽  
pp. 167-176
Author(s):  
Risti Puspita Sari Hunowu
Keyword(s):  
Qualitative Method ◽  
The Other ◽  
Visual Form ◽  
Research Material ◽  
Other Hand ◽  
The World ◽  
Existing Form ◽  
The City ◽  
Dutch Colonial

This research is aimed at studying the Hunto Sultan Amay Mosque located in Gorontalo City. Hunto Sultan Amay Mosque is the oldest mosque in the city of Gorontalo The Hunto Sultan Amay Mosque was built as proof of Sultan Amay's love for a daughter and is a representation of Islam in Gorontalo. Researchers will investigate the visual form of the Hunto Sultan Amay Mosque which was originally like an ancient mosque in the archipelago. can be seen from the shape of the roof which initially used an overlapping roof and then converted into a dome as well as mosques in the world, we can be sure the Hunto Sultan Amay Mosque uses a dome roof after the arrival of Dutch Colonial. The researcher used a qualitative method by observing the existing form in detail from the building of the mosque with an aesthetic approach, reviewing objects and selecting the selected ornament giving a classification of the shapes, so that the section became a reference for the author as research material. Based on the analysis of this thesis, the form  of the Hunto Sultan Amay mosque as well as the mosques located in the archipelago and the existence of ornaments in the Hunto Sultan Amay Mosque as a decorative structure support the grandeur of a mosque. On the other hand, Hunto Mosque ornaments reveal a teaching. The form of a teaching is manifested in the form of motives and does not depict living beings in a realist or naturalist manner. the decorative forms of the Hunto Sultan Sultan Mosque in general tend to lead to a form of flora, geometric ornaments, and ornament of calligraphy dominated by the distinctive colors of Islam, namely gold, white, red, yellow and green.

A utopia do direito à cidade: Possibilidades de superação da dicotomia favela-bairro no Rio de Janeiro

GEOgraphia ◽  
2010 ◽  
Vol 7 (14) ◽  
Author(s):  
Márcio Piñon de Oliveira
Keyword(s):  
Rio De Janeiro ◽  
The Other ◽  
Right To The City ◽  
Other Hand ◽  
The Right ◽  
The City

A utopia do direito à cidade,  no  caso específico do Rio de Janeiro, começa, obrigatoriamente, pela  superação da visão dicotômica favela-cidade. Para isso, é preciso que os moradores da favela possam sentir-se tão cidadãos quanto os que têm moradias fora das favelas. A utopia do direito à cidade tem de levar a favela a própria utopia da cidade. Uma cidade que não se fragmente em oposições asfalto-favela, norte-sul, praia-subúrbio e onde todos tenham direito ao(s) seu(s) centro(s). Oposições que expressam muito mais do que diferenças de  localização e que  se apresentam recheadas de  segregação, estereótipos e  ideologias. Por outro  lado, o direito a cidade, como possibilidade histórica, não pode ser pensado exclusivamente a partir da  favela. Mas as populações  que aí habitam guardam uma contribuição inestimável para  a  construção prática  desse direito. Isso porque,  das  experiências vividas, emergem aprendizados e frutificam esperanças e soluções. Para que a favela seja pólo de um desejo que impulsione a busca do direito a cidade, é necessário que ela  se  pense como  parte da história da própria cidade  e sua transformação  em metrópole.Abstract The right  to the city's  utopy  specifically  in Rio de Janeiro, begins by surpassing  the dichotomy approach between favela and the city. For this purpose, it is necessary, for the favela dwellers, the feeling of citizens as well as those with home outside the favelas. The right to the city's utopy must bring to the favela  the utopy to the city in itself- a non-fragmented city in terms of oppositions like "asphalt"-favela, north-south, beach-suburb and where everybody has right to their center(s). These oppositions express much more the differences of location and present  themselves full of segregation, stereotypes and ideologies. On  the other  hand, the right to  the city, as historical possibility, can not be thought  just from the favela. People that live there have a contribution for a practical construction of this right. 

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