scholarly journals Le contrat de concession commerciale et le libre marché

2005 ◽  
Vol 21 (3-4) ◽  
pp. 787-823
Author(s):  
Claude Samson
Keyword(s):  
Free Market ◽  
Common Law ◽  
Economic Power ◽  
Exclusive Dealing ◽  
Public Authorities ◽  
Free Competition ◽  
Market Organization ◽  
Characteristic Features ◽  
Market Restriction ◽  
The Impact

This paper deals with the exclusive sale contract or solus agreement. Its first part identifies some characteristic features of this type of agreement, which quite often is not only aimed at regulating the exercise of trade, but also serves as a technique of market organization and economic power concentration. The impact of the increasing currency of such commercial practices on the free market justifies consideration of the various forms of control that can be exercised by public authorities in order to preserve free competition. Control can be achieved through the judiciary applying concepts such as public order in civil law or public policy at common law. However, in view of the courts' reluctance to interfere with such instances of private economic power and their indifference towards the economic inequities inherent in such agreements for the distributor, legislative intervention has become necessary to protect the free market. Thus the Combines Investigation Act was amended in 1976 to allow regulation of commercial practices such as refusal to deal, consignment selling, exclusive dealing, market restriction and tied selling.

Principles for sharing economy formation in the digital society

2020 ◽  
Vol 16 (5) ◽  
pp. 800-821
Author(s):  
E.V. Popov ◽  
K.A. Semyachkov
Keyword(s):  
Network Effects ◽  
Sharing Economy ◽  
Network Effect ◽  
Industrial Society ◽  
Economic Activities ◽  
Digital Platforms ◽  
Digital Society ◽  
Modern Economy ◽  
Characteristic Features ◽  
The Impact

Subject. The article addresses economic relations that are formed in various areas of economic application of digital platforms. The target of the research is the modern economy of digital platforms across different economic activities. Objectives. The aim is to systematize principles for share economy formation in the context of the digital society development. Methods. We employ general scientific methods of research. Results. The study shows that the development of digital platforms is one of the most important trends in the development of the modern economy. We classified certain characteristic features of modern digital platforms, analyzed principles for their creation. The paper emphasizes that the network effects achieved through the use of digital platforms are an important factor in the development of the share economy. The network effect describes the impact of the number of the platform users on the value created for each of them. The paper also considers differences in the organization of traditional economy companies and companies that are based on the digital platform model, reveals specifics of changes in socio-economic systems caused by the development of digital platforms, systematizes principles of the sharing economy formation in the context of the digital society development. Conclusions. The analyzed principles for sharing economy development on the basis of digital platforms can be applied to create models for the purpose of forecasting the transformation of economic activity in the post-industrial society.

The Africanisation Of South African Civil Procedure: The Way Forward

2020 ◽  
Vol 6 (1) ◽  
Author(s):  
Fawzia Cassim ◽  
Nomulelo Queen Mabeka
Keyword(s):  
Common Law ◽  
Civil Procedure ◽  
African Culture ◽  
Legal Proceedings ◽  
Seventeenth Amendment ◽  
Procedural Law ◽  
Lower Courts ◽  
The Law ◽  
Court Proceedings ◽  
The Impact

Civil procedure enforces the rules and provisions of civil law.  The law of civil procedure involves the issuing, service and filing of documents to initiate court proceedings in the superior courts and lower courts. Indeed, notice of legal proceedings is given to every person to ensure compliance with the audi alteram partem maxim (“hear the other side”). There are various rules and legislation that regulate these court proceedings such as inter alia, the Superior Courts Act, 2013, Uniform Rules of Court, Constitution Seventeenth Amendment Act, 2012 and the Magistrates’ Courts Act of 1944. The rules of court are binding on a court by virtue of their nature.  The purpose of these rules is to facilitate inexpensive and efficient legislation. However, civil procedure does not only depend on statutory provisions and the rules of court.  Common law also plays a role. Superior Courts are said to exercise inherent jurisdiction in that its jurisdiction is derived from common law.  It is noteworthy that whilst our rules of court and statutes are largely based on the English law, Roman-Dutch law also has an impact on our procedural law. The question thus arises, how can our law of civil procedure transform to accommodate elements of Africanisation as we are part and parcel of the African continent/diaspora? In this regard, the article examines the origins of Western-based civil procedure, our formal court systems, the impact of the Constitution on traditional civil procedure, the use of dispute resolution mechanisms in Western legal systems and African culture, an overview of the Traditional Courts Bill of 2012 and the advent of the Traditional Courts Bill of 2017. The article also examines how the contentious Traditional Courts Bills of 2012 and 2017 will transform or complement the law of civil procedure and apply in practice once it is passed into law.

COMPETENCE APPROACH IN EUROPEAN PUBLIC ADMINISTRATION: ESSENCE AND DEVELOPMENT TRENDS (ARCHETYPAL ASPECT)

2018 ◽  
Vol 1 (14) ◽  
pp. 132-143
Author(s):  
Martha Ivanivna Karpa
Keyword(s):  
Public Administration ◽  
Good Governance ◽  
Public Institutions ◽  
Public Authorities ◽  
European Public ◽  
Territorial Organization ◽  
Characteristic Features ◽  
State And Local ◽  
Main Components ◽  
Definition Of

The article reveals the main features of the competence approach in the practice of European public administration. The features of the competence approach in public administration are determined on the basis of analysis of the basic concepts of public administration. In the dynamics of the formation and development of popular theories of interaction between state and local authorities, such as the theory of a free community, community (public) and public and state (the theory of municipal dualism), we can trace a number of characteristic features of a competency approach, which manifests itself both through the general theoretical relations and manifestations, and through the practice of coexistence of public authorities. There is a problem of definition and distribution of public functions as a prerequisite for defining and shaping the competences of public institutions. An important issue in the context of a competent approach is the institutional consolidation of functions in the context of the existence of the basic models of territorial organization of power. In each of the varieties of the Governance concept (Responsive Governance concept, Democratic Governance concept, Good Governance concept), the specifics of the use of competencies are defined. The archetypal symbols in the European public administration are singled out using the analysis of competence in public administration in its main constituents. A brief description of the archetypal aspect of European public administration is given. The main components of competence are shown in connection with the existing archetypal symbols and the characteristic trends of their development. Their connection is shown according to the scheme “the entity component (who?) — the object component (what?) — the administrative component (how?) — the basis (in what environment?)”. Concerning the trends of development of a competence approach in the context of practice and theory of public administration, it is determined that modern concepts of public administration are characterized by shifting the balance between state and public institutions to the sphere of common goals and tasks, and thus responsibility. The joint activity of all subjects of society requires new forms of cooperation, definition of the spheres and subjects of each entity’s activity for effective cooperation, distribution of functions and competences of the entities, formation and consolidation of their status characteristics.

The Right to Information in India Implementation and Impact

2015 ◽  
Vol 2 (1) ◽  
pp. 17
Author(s):  
_______ Naveen ◽  
_____ Priti
Keyword(s):  
Public Life ◽  
Public Authorities ◽  
The Public ◽  
Know How ◽  
The People ◽  
The Government ◽  
Right To Information ◽  
The Right ◽  
The Impact

The Right to Information Act 2005 was passed by the UPA (United Progressive Alliance) Government with a sense of pride. It flaunted the Act as a milestone in India’s democratic journey. It is five years since the RTI was passed; the performance on the implementation frontis far from perfect. Consequently, the impact on the attitude, mindset and behaviour patterns of the public authorities and the people is not as it was expected to be. Most of the people are still not aware of their newly acquired power. Among those who are aware, a major chunk either does not know how to wield it or lacks the guts and gumption to invoke the RTI. A little more stimulation by the Government, NGOs and other enlightened and empowered citizens can augment the benefits of this Act manifold. RTI will help not only in mitigating corruption in public life but also in alleviating poverty- the two monstrous maladies of India.

scholarly journals The Impact of the COVID-19 Pandemic on the Working Conditions, Employment, Career Development and Well-Being of Refugee Researchers

Societies ◽  
2021 ◽  
Vol 11 (3) ◽  
pp. 71
Author(s):  
Ourania Tzoraki ◽  
Svetlana Dimitrova ◽  
Marin Barzakov ◽  
Saad Yaseen ◽  
Vasilis Gavalas ◽  
...  
Keyword(s):  
Online Survey ◽  
Negative Impact ◽  
Well Being ◽  
Appropriate Technology ◽  
Public Authorities ◽  
Policy Makers ◽  
Home Setting ◽  
The Public ◽  
Work From Home ◽  
The Impact

The ongoing ‘refugee crisis’ of the past years has led to the migration of refugee researchers (RRs) to European countries. Due to the COVID-19 pandemic, RRs often had to work from home and/or to continue their social, cultural and economic integration process under new conditions. An online survey carried out to explore the impact of the pandemic on the refugee researchers showed that RRs found it difficult to adapt their everyday working life to the ‘home’ setting. The majority have had neither a suitable work environment at home nor the appropriate technology. Although they stated that they are rather pleased with the measures taken by the public authorities, they expressed concern about their vulnerability due to their precarious contracts and the bureaucratic asylum procedures, as the pandemic has had a negative impact on these major issues. The majority of RRs working in academia seem not to have been affected at all as far as their income is concerned, while the majority of those employed in other sectors became unemployed during the pandemic (58%). Recommendations are provided to the public authorities and policy makers to assist RRs to mitigate the consequences of the pandemic on their life.

Book Reviews, The Common Law Tort of Defamation, and the Suppression of Scholarly Debate

2010 ◽  
Vol 11 (6) ◽  
pp. 656-670
Author(s):  
Kate Sutherland
Keyword(s):  
Academic Freedom ◽  
Common Law ◽  
Scholarly Work ◽  
Academic Journal ◽  
Canadian Law ◽  
The Common ◽  
The Impact ◽  
Defamation Law

Professor Joseph Weiler will soon stand trial for criminal libel in France for refusing to remove a book review from a website associated with an academic journal for which he serves as editor. His case has disturbing implications for all those who write, edit, and publish critical scholarly work. In this article, I explore those implications for Canadian scholars at home and as members of a global scholarly community. I assess the likelihood of success of a similar complaint under Canadian defamation law, and I consider the impact of libel chill and libel tourism. I conclude that although the defendant in such a case would have a good chance of prevailing under Canadian law through the defense of fair comment, a threat to academic freedom remains that requires action on the part of individuals and institutions committed to its preservation and enhancement.

The Great War of the Postcards

2021 ◽  
Vol 88 (3) ◽  
pp. 525-568
Author(s):  
Johann Strauss
Keyword(s):  
Middle East ◽  
World War I ◽  
Great War ◽  
World War ◽  
The Balkans ◽  
Book Illustrations ◽  
Characteristic Features ◽  
The Impact ◽  
The Great War

This article examines the functions and the significance of picture postcards during World War I, with particular reference to the war in the Ottoman Lands and the Balkans, or involving the Turkish Army in Galicia. After the principal types of Kriegspostkarten – sentimental, humorous, propaganda, and artistic postcards (Künstlerpostkarten) – have been presented, the different theatres of war (Balkans, Galicia, Middle East) and their characteristic features as they are reflected on postcards are dealt with. The piece also includes aspects such as the influence of Orientalism, the problem of fake views, and the significance and the impact of photographic postcards, portraits, and photo cards. The role of postcards in book illustrations is demonstrated using a typical example (F. C. Endres, Die Türkei (1916)). The specific features of a collection of postcards left by a German soldier who served in Turkey, Syria, and Iraq during World War I will be presented at the end of this article.

CORRUPTION AS A NEGATIVE SOCIAL PHENOMENON IN MODERN GLOBALIZED SOCIETY

2018 ◽  
Author(s):  
Halyna Bevzo ◽  
◽  
Dmytro Kerechan ◽  
Kateryna Lutska ◽  
◽  
...  
Keyword(s):  
Urban Planning ◽  
Negative Impact ◽  
Public Information ◽  
Road Construction ◽  
Strategy Development ◽  
Legislative Process ◽  
Social Phenomenon ◽  
Public Authorities ◽  
Heritage Sites ◽  
Characteristic Features

The article examines corruption as a negative social phenomenon in today's globalized society. The essence of the concepts of corruption and administrative corruption and the characteristic features of corruption are analyzed. The main causes of corruption in Ukraine have been identified. It is established that corruption is a negative social phenomenon in today's globalized society. It is determined that corruption is a phenomenon that is constantly evolving, transforming, adapting to the conditions of development of legislation, society, state, while its essence and negative impact remain unchanged. Corruption in a particular society can be overcome only by effectively combining several key factors and methods of combating it and implementing the relevant legislation, where regulations do not contradict each other. The following problems in the sector of architecture and urban planning of Ukraine, as the lack of publicity of information in the field of urban planning and land use; defective system of state control and regulation in construction; inefficiency of available control tools and insufficient transparency of road construction, repair and use processes; lack of public information about cultural heritage sites, inconsistencies in urban planning and monument protection legislation. It is established that in order to ensure favorable economic development of the state, it is necessary to improve the legal and organizational base for overcoming corruption in the sector of architecture and urban planning of Ukraine. A promising area of further research on this issue is to assess the effectiveness of the legislative process in the field of anticorruption is to ensure transparent public administration, representing both scientific and applied value and strategy development, public authorities with individuals and legal entities.

ON THE CONCEPT AND CONTENT OF “ANOTHER ORDER OF PRE-TRIAL SETTLEMENT OF DISPUTES, ESTABLISHED BY THE AGREEMENT”

2021 ◽  
Vol 11 (4) ◽  
pp. 282-298
Author(s):  
D.G. FILCHENKO ◽  
E.A. EVTUKHOVICH
Keyword(s):  
Supreme Court ◽  
Russian Federation ◽  
Dispute Settlement ◽  
Critical Assessment ◽  
The Supreme Court ◽  
The Russian Federation ◽  
Characteristic Features ◽  
Dispute Settlement Procedure ◽  
Settlement Of Disputes ◽  
The Impact

The article analyzes the provisions of the arbitration procedural legislation and the practice of its application on a different pre-trial dispute settlement procedure established by the contract. A different pre-trial procedure is considered as an alternative to the general claim procedure for resolving disputes. The characteristic features of a different pre-trial order have been revealed. The authors summarized the practice of arbitration courts, highlighting other demanded pre-trial dispute settlement procedures. In particular, examples of atypical other methods of dispute settlement are provided. Separately, the issue of the admissibility of the cancellation of the general claim procedure for the settlement of disputes by the agreement was considered. An independent subject of the authors’ analysis was mediation as a pre-trial dispute settlement procedure. The work also focuses on the impact of a different pre-trial dispute settlement procedure on the course of the limitation period. The article discusses the provisions of the Resolution of the Plenum of the Supreme Court of the Russian Federation of 22 June 2021 No. 18 “On Some Issues of Pre-Trial Settlement of Disputes Considered in Civil and Arbitration Proceedings”. Some of the recommendations of the Plenum of the Supreme Court of the Russian Federation received critical assessment. The authors note the existing contradictions in the legislation and possible ways to overcome them, formulate individual conclusions as a result of studying the materials of the practice of arbitration courts.

CIVIL SOCIETY AS THE MAIN DRIVER SUSTAINABILITY OF COMMUNITIES IN CONDITIONS OF DECENTRALIZATION

2017 ◽  
Author(s):  
Alla Orlova ◽  
Keyword(s):  
Civil Society ◽  
National Security ◽  
Financial Stability ◽  
Local Level ◽  
The State ◽  
Community Sustainability ◽  
Strategic Decisions ◽  
Public Authorities ◽  
Business Structures ◽  
The Impact

The article considers a set of issues related to the formation of sustainability in the state at different levels of government: national, regional and local, with an emphasis on the sustainability of territorial communities. The concept of "sustainability" is defined, the criteria of sustainability for national security and its components at the local level are analyzed, in particular, in the formation of affluent communities. Sustainability is considered in various aspects: as a component of national security and defense of the state, in relation to the concepts of "cohesion" and "national security". Financial stability is justified as an important sign of the viability of local communities. The role of civil society in shaping the sustainability of communities is revealed, as well as different views of scientists on the impact of civil society on sustainability are analyzed. The foreign experience of implementation of the basic principles of sustainability in the life of communities is studied. The most important component of sustainability is the ability of the community to consolidate to counteract harmful and dangerous external and internal influences. Open partnership of public authorities with business structures and the public should be a prerequisite for this. It is proved that in the conditions of decentralization and various internal and external challenges, civil society (active citizens and civil society institutions) can and should be a driver of community sustainability. It is assumed that the implementation of state policy to promote the development of civil society should create a solid foundation of democracy in Ukraine as a component of national sustainability. Since the systemic mechanisms for ensuring national sustainability in the Ukrainian state at both national and local levels are not yet fully formed, the development and implementation of comprehensive strategic decisions in this area requires proper scientific substantiation, which is why the author’s contribution to this topic.

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