- Table View
- List View
Insolvenzverfahren bei Massearmut und Masseunzulänglichkeit: Chancen der Betriebsfortführung. Optimierung der Verfahrensergebnisse. Haftungsrisiken
by Stefan Smid Susanne RiedemannDieses Buch beschäftigt sich mit Insolvenzfällen, bei denen die Insolvenzmasse zu einem Zeitpunkt der Verfahrensabwicklung allenfalls die Kosten des Insolvenzverfahrens deckt. Diese Lage tritt vielfach auf und gehört zu den Standardproblemen, mit denen sich Insolvenzverwalter und Berater auseinandersetzen müssen. Rechtsdogmatische Stimmigkeit und Praxisorientierung verbinden sich bei den vorgeschlagenen Lösungen.Bei Eintritt der Massearmut – der Massebedürftigkeit gem. § 207 InsO oder der Masseunzulänglichkeit nach den §§ 208 ff. InsO - hat die höchstrichterliche Rechtsprechung das Verfahren von einer Notabwicklung hin zu einer besonderen Form der Insolvenzverwaltung mit dem Ziel entwickelt, dem Insolvenzverwalter eine optimale Verwertung der Masse zu ermöglichen und dabei seine Haftungsrisiken zu verringern. Dabei stehen die Risiken im Vordergrund, die bei einer Fortführung des insolvenzschuldnerischen Betriebes auftreten. Besonderes Augenmerk wird auf die Möglichkeiten einer Verfahrensgestaltung durch Insolvenzpläne nach § 210a InsO gelegt.Die Massebedürftigkeit (Massearmut i.e.S.) gem. § 207 InsO wird in ihren Voraussetzungen und Rechtsfolgen für die Abwicklung des Verfahrens eingehend dargestellt und dabei insbesondere die Handlungsmöglichkeiten des Insolvenzverwalters beleuchtet.Der Schwerpunkt der Darstellung liegt bei der Behandlung der Masseunzulänglichkeit gem. §§ 208 ff. InsO. Aus den dabei behandelten Fragen sind hervorzuheben:Voraussetzungen der Anzeige der Masseunzulänglichkeit; Ermessen des Insolvenzverwalters bei der Wahl des Zeitpunktes der AnzeigeProzessuale Wirkungen der Anzeige auf die Rechtsdurchsetzung der MassegläubigerProbleme einer zweiten Masseunzulänglichkeit und deren Auswirkung auf die Rechtsstellung der NeumassegläubigerVerjährung von Masseforderung nach Wiederherstellung der MassesuffizienzInsolvenzpläne bei MasseunzulänglichkeitFragen der Haftung des Insolvenzverwalters: Verhältnis der Haftungstatbestände der §§ 60 und 61 InsO
Inspecting and Diagnosing Disrepair
by Patrick ReddinInspecting and Diagnosing Disrepair provides housing officers, surveyors, landlords, tenants, lawyers and environmental health inspectors with the essential information they need to record, diagnose and remedy disrepair. Pat Reddin presents technical information methodically, including useful diagrams to help readers to develop an understanding of building materials and structures and to advise and take action on disrepair. The book is fully up to date with the latest legislation and is essential reading for environmental health professionals, surveyors and students alike.
Inspecting and Diagnosing Disrepair
by Patrick ReddinInspecting and Diagnosing Disrepair provides housing officers, surveyors, landlords, tenants, lawyers and environmental health inspectors with the essential information they need to record, diagnose and remedy disrepair. Pat Reddin presents technical information methodically, including useful diagrams to help readers to develop an understanding of building materials and structures and to advise and take action on disrepair. The book is fully up to date with the latest legislation and is essential reading for environmental health professionals, surveyors and students alike.
Inspection of Medical Devices: For Regulatory Purposes (Series in Biomedical Engineering)
by Almir Badnjević Mario Cifrek Ratko Magjarević Zijad DžemićThis book offers all countries a guide to implementing verification systems for medical devices to ensure they satisfy their regulations. It describes the processes, procedures and need for integrating medical devices into the legal metrology framework, addresses their independent safety and performance verification, and highlights the associated savings for national healthcare systems, all with the ultimate goal of increasing the efficacy and reliability of patient diagnoses and treatment. The book primarily focuses on diagnostic and therapeutic medical devices, and reflects the latest international directives and regulations.Above all, the book demonstrates that integrating medical devices into the legal metrology system and establishing a fully operational national laboratory for the inspection of medical devices could significantly improve the reliability of medical devices in diagnosis and patient care, while also reducing costs for the healthcare system in the respective country.
Inspection of Medical Devices: For Regulatory Purposes (Series in Biomedical Engineering)
by Almir Badnjević Mario Cifrek Ratko Magjarević Zijad DžemićThis comprehensive guide invites nations worldwide to embark on a transformative journey, implementing independent third-party verification systems that ensure medical devices comply with both international and national regulations. Prepare to be captivated as we delve into the intricate processes, unveil essential procedures, and illuminate the paramount importance of establishing traceability for medical device measurements.Imagine a world where medical devices undergo rigorous independent safety and performance verification, guaranteeing the utmost reliability for patient diagnoses and treatment. This book takes you on a compelling exploration of precisely that vision. Focusing on cutting-edge diagnostic and therapeutic devices, it captures the very essence of the latest international directives and regulations, ensuring you stay ahead of the curve.This new edition goes beyond the conventional, delving into the realms of innovation and progress. Unveiling in-depth maintenance regimes within healthcare institutions, we provide you with invaluable insights into post-market surveillance. As the world embraces the transformative potential of artificial intelligence, we pave the way for evidence-based management of medical device maintenance—a concept poised to reshape the healthcare landscape.Imagine a future where medical devices are seamlessly integrated into the legal metrology system, while fully operational national laboratories for medical device inspection set new standards of excellence. This book vividly illustrates how such a powerful union can elevate the reliability of medical devices in diagnosis and patient care. Brace yourself for a paradigm shift that not only enhances efficacy but also leads to significant cost reductions within your country's healthcare system.Join us on this extraordinary journey as we unveil the untapped potential of medical device inspection. With our innovative approach and unrivaled expertise, together we can revolutionize healthcare, transforming the lives of countless patients worldwide. Get ready to be inspired, informed, and empowered—welcome to the future of healthcare!
Inspections and Reports on Dwellings: Reporting for Sellers
by Ian Melville Ian GordonInspections and Reports on Dwellings is a series of four books, the first three of which have already been published to considerable success. This concluding book covers reports prepared before dwellings are put on the market for sale, whether as a legal requirement or on a voluntary basis. All take into account guidelines laid down by the Courts for this type of work. Sellers’ surveys are not new, but only now have standard formats been developed. In England and Wales this is the Home Condition Report, with its Energy Performance Certificate, which can only be prepared by Licensed Home Inspectors. The Home Inspectors hold a Diploma in Home Inspection, sometimes with an add-on Certificate in Valuation of Residential Property for Secured Lending and they are members of a Government approved certification scheme. In Scotland each dwelling must have a Single Survey Report carried out before it goes on the market from 1 December 2008. The Single Survey Report describes the condition, sets out accessibility information, contains a valuation and energy reports. Initially only Chartered Surveyors will be authorised to do this work. Both Inspectors and Surveyors have to follow Codes of Conduct and Practice, carry professional indemnity insurance and allow their reports to be monitored to maintain standards – an entirely new concept. The book examines the relevant legislation and looks closely at the entire qualification and certification process for Home Inspector Valuers. Additionally the likely reaction of sellers, buyers and lenders are discussed. A substantial section is devoted to lending on dwellings and the practicalities of their valuation by the Comparative, Investment and Residual methods following the requirements of the ‘Red Book’. Four detailed sample reports are included to demonstrate how reports must be presented. The book is intended for all those engaged in the preparation of reports on dwellings whether experienced, newly qualified or studying. As well as being an essential book for surveyors it will also be of considerable interest to solicitors and estate agents, particularly those based in Scotland. The authors, experienced Chartered Surveyors, have written extensively on the diagnosis of defects in dwellings and are joint authors of the successful EG Books publication The Repair and Maintenance of Houses, 2nd edn.
Inspections and Reports on Dwellings: Reporting for Sellers
by Ian Melville Ian GordonInspections and Reports on Dwellings is a series of four books, the first three of which have already been published to considerable success. This concluding book covers reports prepared before dwellings are put on the market for sale, whether as a legal requirement or on a voluntary basis. All take into account guidelines laid down by the Courts for this type of work. Sellers’ surveys are not new, but only now have standard formats been developed. In England and Wales this is the Home Condition Report, with its Energy Performance Certificate, which can only be prepared by Licensed Home Inspectors. The Home Inspectors hold a Diploma in Home Inspection, sometimes with an add-on Certificate in Valuation of Residential Property for Secured Lending and they are members of a Government approved certification scheme. In Scotland each dwelling must have a Single Survey Report carried out before it goes on the market from 1 December 2008. The Single Survey Report describes the condition, sets out accessibility information, contains a valuation and energy reports. Initially only Chartered Surveyors will be authorised to do this work. Both Inspectors and Surveyors have to follow Codes of Conduct and Practice, carry professional indemnity insurance and allow their reports to be monitored to maintain standards – an entirely new concept. The book examines the relevant legislation and looks closely at the entire qualification and certification process for Home Inspector Valuers. Additionally the likely reaction of sellers, buyers and lenders are discussed. A substantial section is devoted to lending on dwellings and the practicalities of their valuation by the Comparative, Investment and Residual methods following the requirements of the ‘Red Book’. Four detailed sample reports are included to demonstrate how reports must be presented. The book is intended for all those engaged in the preparation of reports on dwellings whether experienced, newly qualified or studying. As well as being an essential book for surveyors it will also be of considerable interest to solicitors and estate agents, particularly those based in Scotland. The authors, experienced Chartered Surveyors, have written extensively on the diagnosis of defects in dwellings and are joint authors of the successful EG Books publication The Repair and Maintenance of Houses, 2nd edn.
Inspirational Guide for the Implementation of PRME: Placing Sustainability at the Heart of Management Education (The Principles for Responsible Management Education Series)
by Principles For Principles For Responsible M EducationSince the inception of the United Nations Global Compact-sponsored initiative Principles for Responsible Management Education (PRME) in 2007, there has been increased debate over how to adapt management education to best meet the demands of the 21st-century business environment. While consensus has been reached by the majority of globally focused management education institutions that sustainability must be incorporated into management education curricula, the relevant question is no longer _why_ management education should change, but _how_. Although the PRME initiative is set to increase to 1,000 signatories by 2015, it is equally important for PRME to cultivate actively engaged participants. Therefore, the next step is for current participants to transition from a global learning community to an action community. For this purpose, the PRME Secretariat invited a small group of experts to coordinate an Inspirational Guide for the Implementation of PRME which was presented at the 3rd Global Forum for Responsible Management Education, the official platform for management-related Higher Education Institutions (HEIs) at both the Global Compact Rio+20 Corporate Sustainability Forum and the UN Conference on Sustainable Development – Rio+20 – in June 2012 in Rio de Janeiro. The Guide answers the most frequently asked questions concerning the implementation of PRME by highlighting real-world examples from the most engaged signatories. The exercise has proven successful, and this publication features 63 case stories from 47 institutions, representing 25 countries across Asia, Oceania, the Americas, Europe, the Middle East and Africa. They are the real actors in this effort, and their stories are truly inspirational. Their experiences are classified into six sections, which address the Six Principles of PRME (Purpose, Values, Method, Research, Partnership, and Dialogue) as well as important related aspects, such as how to get started, how to successfully report on PRME adoption, and so on. The full richness of experiences set forth in this Guide is captured only by reading the wealth of innovative practices found in each case.
Inspirational Guide for the Implementation of PRME: Learning to Go Beyond (The Principles for Responsible Management Education Series)
by Alan Murray Denise Baden Paul Cashian Alec Wersun Kathryn HaynesSince the inception of the United Nations Global Compact sponsored initiative Principles for Responsible Management Education (PRME) in 2007, there has been increased debate over how to adapt management education to best meet the demands of the 21st-century business environment. While consensus has been reached by the majority of globally focused management education institutions that sustainability must be incorporated into management education curricula, the relevant question is no longer why management education should change, but _how_?Following on from the Inspirational Guide for the Implementation of PRME: Placing Sustainability at the heart of Management Education, this casebook highlights the real implementers of responsible management education, and their stories are truly inspirational. The evolving picture underscores the important changes already taking place, and the role of PRME in effecting such change. The clear message is that continuous experimentation, innovation, and learning is required to transform constructs of management education. The new collection contains 27 case stories from universities and business schools spanning Asia, Oceania, Latin America, USA and Canada, Europe, the Middle East and Africa. This important compilation will be an inspiration for all forward-thinking business schools across the world, especially those who are keen to embrace the PRME principles and put sustainability at the heart of their operations.The Guide will be launched at the 2013 PRME Summit – 5th Annual Assembly, hosted by CEEMAN in Bled, Slovenia on 25–26 September, and offered for sale in print and eBook for the first time by Greenleaf Publishing.The first edition of the Inspirational Guide for the Implementation of PRME was presented at the UN Conference on Sustainable Development: Rio+20 Earth Summit in June 2012.Across the PRME community, different concepts are used; most frequently are corporate (social) responsibility, responsible leadership, and sustainable value for business and society.
Inspirational Guide for the Implementation of PRME: Learning to Go Beyond (The Principles for Responsible Management Education Series)
by Alan Murray Denise Baden Paul Cashian Alec Wersun Kathryn HaynesSince the inception of the United Nations Global Compact sponsored initiative Principles for Responsible Management Education (PRME) in 2007, there has been increased debate over how to adapt management education to best meet the demands of the 21st-century business environment. While consensus has been reached by the majority of globally focused management education institutions that sustainability must be incorporated into management education curricula, the relevant question is no longer why management education should change, but _how_?Following on from the Inspirational Guide for the Implementation of PRME: Placing Sustainability at the heart of Management Education, this casebook highlights the real implementers of responsible management education, and their stories are truly inspirational. The evolving picture underscores the important changes already taking place, and the role of PRME in effecting such change. The clear message is that continuous experimentation, innovation, and learning is required to transform constructs of management education. The new collection contains 27 case stories from universities and business schools spanning Asia, Oceania, Latin America, USA and Canada, Europe, the Middle East and Africa. This important compilation will be an inspiration for all forward-thinking business schools across the world, especially those who are keen to embrace the PRME principles and put sustainability at the heart of their operations.The Guide will be launched at the 2013 PRME Summit – 5th Annual Assembly, hosted by CEEMAN in Bled, Slovenia on 25–26 September, and offered for sale in print and eBook for the first time by Greenleaf Publishing.The first edition of the Inspirational Guide for the Implementation of PRME was presented at the UN Conference on Sustainable Development: Rio+20 Earth Summit in June 2012.Across the PRME community, different concepts are used; most frequently are corporate (social) responsibility, responsible leadership, and sustainable value for business and society.
Inspirational Guide for the Implementation of PRME: Placing Sustainability at the Heart of Management Education (The Principles for Responsible Management Education Series #3)
by PrmeSince the inception of the United Nations Global Compact-sponsored initiative Principles for Responsible Management Education (PRME) in 2007, there has been increased debate over how to adapt management education to best meet the demands of the 21st-century business environment. While consensus has been reached by the majority of globally focused management education institutions that sustainability must be incorporated into management education curricula, the relevant question is no longer _why_ management education should change, but _how_. Although the PRME initiative is set to increase to 1,000 signatories by 2015, it is equally important for PRME to cultivate actively engaged participants. Therefore, the next step is for current participants to transition from a global learning community to an action community. For this purpose, the PRME Secretariat invited a small group of experts to coordinate an Inspirational Guide for the Implementation of PRME which was presented at the 3rd Global Forum for Responsible Management Education, the official platform for management-related Higher Education Institutions (HEIs) at both the Global Compact Rio+20 Corporate Sustainability Forum and the UN Conference on Sustainable Development – Rio+20 – in June 2012 in Rio de Janeiro. The Guide answers the most frequently asked questions concerning the implementation of PRME by highlighting real-world examples from the most engaged signatories. The exercise has proven successful, and this publication features 63 case stories from 47 institutions, representing 25 countries across Asia, Oceania, the Americas, Europe, the Middle East and Africa. They are the real actors in this effort, and their stories are truly inspirational. Their experiences are classified into six sections, which address the Six Principles of PRME (Purpose, Values, Method, Research, Partnership, and Dialogue) as well as important related aspects, such as how to get started, how to successfully report on PRME adoption, and so on. The full richness of experiences set forth in this Guide is captured only by reading the wealth of innovative practices found in each case.
Inspire Responsibly: The Interplay between Aspirational Talk and Corporate Responsibility (Schriftenreihe der HHL Leipzig Graduate School of Management)
by Marie SchwimmerAspirational talk has gained increasing research attention as a compelling concept theoretically explaining the potential of talk-action discrepancies in corporate responsibility communication to instigate organizational change. Under certain conditions, aspirational talk can facilitate discourse, agreement, reframing, and corporate reflexivity. However, perceived talk-action discrepancies can negatively affect organizational members, leading to disengagement, and demotivation, causing emotional exhaustion, exposing employees to vulnerabilities, and even catalyzing unethical or illicit behaviors. Thus, this book focuses on how aspirational talk becomes irresponsible in an organizational context, and how it can be avoided. The author proposes that aspirational talk becomes irresponsible if it creates expectations that lead to illegitimate harm to employees or involved stakeholders. A framework is derived, constituting the finding that it takes two types of investments into performativity and responsibility conditions, to avoid the irresponsible use of aspirational talk – and thus, to inspire responsibly.
Installation und Konsolidierung des Bundesgrenzschutzes 1949 bis 1972: Eine Untersuchung der Gesetzgebungsprozesse unter besonderer Betrachtung der inneradministrativen und politischen Vorgänge
by David ParmaDavid Parma untersucht den Gründungs- und Entwicklungsprozess des Bundesgrenzschutzes bis in das Jahr 1972 auf Grundlage einer interdisziplinären Studie im Grenzbereich zwischen Geschichte, Politikwissenschaft und Verfassungsrecht mit Exkursen in das Verwaltungs- und Völkerrecht. Der Autor bietet zunächst einen umfassenden Überblick zur Tätigkeit der Bundesregierung in Sachen Bundespolizei zwischen 1949 und 1951. Als rechtshistorische Darstellung behandelt er chronologisch weiter die nachfolgenden Gesetzgebungsprozesse bis 1972 in Zusammenhang mit der Fortentwicklung des Bundesgrenzschutzes. Eine umfassende Archivrecherche gewährleistet eine lückenlose, quellennahe und quellenorientierte Darstellung der Materie. Es wurden bislang unveröffentlichte Dokumente u.a. aus dem Bundesarchiv, dem Bayerischen Hauptstaatsarchiv, dem Institut für Zeitgeschichte und dem Parlamentsarchiv erstmalig eingesehen.
Installation und Konsolidierung des Bundesgrenzschutzes 1949 bis 1972: Eine Untersuchung der Gesetzgebungsprozesse unter besonderer Betrachtung der inneradministrativen und politischen Vorgänge
by David ParmaDavid Parma untersucht den Gründungs- und Entwicklungsprozess des Bundesgrenzschutzes (BGS) bis in das Jahr 1972 auf Grundlage einer interdisziplinären Studie im Grenzbereich zwischen Rechtsgeschichte, Politikwissenschaft sowie Verfassungsrecht mit Exkursen in das Verwaltungs- und Völkerrecht. Der Autor bietet eine ausführliche Bewertung und Zusammenfassung der chronologischen Gesetzgebungsverfahren betreffend den BGS. Die zweite Auflage ergänzt und erweitert einzelne Themenbereiche (Konflikt um den Passkontrolldienst, Gesetzgebungskompetenz für den Objektschutz) um den aktuellen Forschungsstand. Eine umfassende Archivrecherche gewährleistet eine lückenlose, quellennahe und quellenorientierte Darstellung der Materie. Es wurden bislang unveröffentlichte Dokumente u.a. aus dem Bundesarchiv, dem Bayerischen Hauptstaatsarchiv, dem Institut für Zeitgeschichte und dem Parlamentsarchiv erstmalig eingesehen.Der Autor:Dr. David Parma ist Angehöriger der Bundespolizei (ehemals Bundesgrenzschutz) und dort in einer Führungsfunktion tätig. Studium an der Ludwig-Maximilians-Universität München und Promotion am Institut für Öffentliches Recht und Völkerrecht der Universität der Bundeswehr München.
Instant Philosophy: Key Thinkers, Theories, Discoveries and Concepts
by Gareth SouthwellInstant Philosophy pulls together all the pivotal philosophical knowledge and thought into one concise volume. Each page contains a discrete 'cheat sheet', which tells you the most important facts in bite-sized chunks, meaning you can become an expert in an instant. From Nietzsche to Nozick, empiricism to solipsism, Pascal's wager to Ockham's razor, every key figure, discovery or idea is explained with succinct and lively text and graphics. Perfect for the knowledge hungry and time poor, this collection of graphic-led lessons makes philosophy interesting and accessible. Everything you need to know is here.
Instinct Combat Shooting: Defensive Handgunning for Police, Fourth Edition
by Chuck KleinWhile much has been written about instinct shooting with long guns, very little had been published on doing so with a handgun until this publication. Written by a pioneering author of the concept, Instinct Combat Shooting: Defensive Handgunning for Police, now in its fourth edition, is not about winning target shooting competitions, but purports surviving real-life firefights by examining testimonies of shootout survivors and carefully analyzing firefights that prove shooting instinctively is not only crucially fast, but also equally accurate. The book defines instinctive combat shooting as: "The act of operating a handgun by focusing on the target, as opposed to the sights, and instinctively coordinating the hand and mind to cause the handgun to discharge at a time and point that ensures interception of the projectile with the target." The concepts behind instinct combat shooting discussed in this book are now being integrated into some of the most progressive police academies in the United States and around the world. New chapters provide valuable material dispelling myths on indexing, laser sights, and other trick-shooting methods. Intended to help officers survive close-quarter combat conditions, Instinct Combat Shooting is an essential tool for police looking to improve their close-range shooting skills and enhance their firefight survival.
Instinct Combat Shooting: Defensive Handgunning for Police, Fourth Edition
by Chuck KleinWhile much has been written about instinct shooting with long guns, very little had been published on doing so with a handgun until this publication. Written by a pioneering author of the concept, Instinct Combat Shooting: Defensive Handgunning for Police, now in its fourth edition, is not about winning target shooting competitions, but purports surviving real-life firefights by examining testimonies of shootout survivors and carefully analyzing firefights that prove shooting instinctively is not only crucially fast, but also equally accurate. The book defines instinctive combat shooting as: "The act of operating a handgun by focusing on the target, as opposed to the sights, and instinctively coordinating the hand and mind to cause the handgun to discharge at a time and point that ensures interception of the projectile with the target." The concepts behind instinct combat shooting discussed in this book are now being integrated into some of the most progressive police academies in the United States and around the world. New chapters provide valuable material dispelling myths on indexing, laser sights, and other trick-shooting methods. Intended to help officers survive close-quarter combat conditions, Instinct Combat Shooting is an essential tool for police looking to improve their close-range shooting skills and enhance their firefight survival.
The Institution of War
by Robert A. HindeWar must be regarded as an institution which has evolved over time. If it's incidence is to be reduced, the forces that maintain it as an institution must be understood. In this book the nature of war and the factors that sustain it are considered from diverse perspectives - anthropology, history, political science, theology, philosophy, international law, economics, psychiatry and biology.
Institutional Activism in Corporate Governance: Qualified Foreign Institutional Investors in China
by Wenge WangUsing both qualitative and quantitative methods, this book examines whether qualified foreign institutional investors (QFIIs), through their shareholder activism, have a meaningful positive impact on the corporate governance of firms listed on the mainland Chinese stock market. Capital flows into and out of China are still subject to tight controls, and the QFII scheme is one important avenue through which QFIIs can become invested in the Chinese stock market. This book is an invaluable resource for anyone interested in learning about ways to invest in one of the world’s largest economies. Wang discusses in depth what specific opportunities, challenges and restrictions to expect in the process, and how investing in China differs from investing in countries with a more open capital account.
Institutional and Financial Incentives for Social Insurance
by Victor A. Ginsburgh Henri R. Sneessens Frans Spinnewyn Claude D'AspremontInstitutional and Financial Incentives for Social Insurance provides both an empirical and a theoretical account of the main difficulties presently threatening social insurance systems in most industrialized countries. It analyzes the remedies that have been discussed and sometimes introduced and addresses many questions still left largely unresolved: Are newly implemented or proposed reforms providing the correct incentives to all participants in the system? Is the quality of service improving and, if not, what can be done? How should the budgetary problems be solved considering both intra-generational and inter-generational redistributive policies? The volume describes a number of studies of social security systems in various countries and assesses the effect of various policies, including welfare or unemployment benefits, training and other active labour market policies, the provision of pension, and competition and budget devolution in health care. It applies empirical tests to individual preferences concerning unemployment compensation, and it analyzes nonfunded and funded social security systems, the transition from one system to the other, and the willingness to pay for pensions.
Institutional and Policy Change in the European Parliament: Deciding on Freedom, Security and Justice (Palgrave Studies in European Union Politics)
by Ariadna Ripoll ServentIn an EU increasingly worried about the security of its citizens and its territory, how should the European Parliament make policy decisions in these areas? This study investigates how the empowerment of the European Parliament has led it to abandon its defence of civil liberties in order to become a full partner in inter-institutional negotiations
Institutional Approach to Global Corporate Governance: Business Systems and Beyond (International Finance Review #9)
by J. Jay Choi Sandra DowThis edited volume contains original papers examining issues concerning the effects of national and international institutional factors on corporate governance and performance. This volume stresses the relevance of national business systems (including culture, law and politics) alongside industrial and institutional infrastructure to assess the efficacy of corporate governance regimes. Modern governance research redefines the boundaries of the firm to include a wider group of stakeholders beyond stockholders. Newer research indicates that national context is the over-riding element in understanding corporate governance regulation and outcome. In the Anglo-Saxon world, corporate governance is designed to reduce the conflict of interest that exists between owners and managers occasioned by the separation of ownership and control. The divergence in national business systems has led scholars to question whether the rush to adopt US-style regulation internationally is appropriate. The papers in this volume highlight aspects of institutional context in different countries, ranging from traditional corporate governance mechanisms at the firm level, to issues affecting the country level quality of corporate governance, including culture and the role of elites.
Institutional Arrangements for Conservation, Development and Tourism in Eastern and Southern Africa: A Dynamic Perspective
by René van der Duim Machiel Lamers Jakomijn Van WijkThis book presents an overview of different institutional arrangements for tourism, biodiversity conservation and rural poverty reduction in eastern and southern Africa. These approaches range from conservancies in Namibia, community-based organizations in Botswana, conservation enterprises in Kenya, private game reserves in South Africa, to sport hunting in Uganda and transfrontier conservation areas. The book presents a comparative analysis of these arrangements and highlights that most arrangements emerged in the 1990s through either a decentralized or centralized change trajectory that was sponsored by donors. They aim to address some of the challenges of the ‘fortress’ types of conservation by combining principles of community-based natural resource management with a neoliberal approach to conservation, evident in the use of tourism as the main mechanism for accruing benefits from wildlife. The book illustrates the empirical relevance of these novel arrangements by presenting their growth in numbers and discuss how these arrangements differ in their form. With respect to the conservation and development impacts of these arrangements, we show that they have secured large amounts of land for conservation, but also generated governance challenges and disputes on tourism benefit sharing, affecting the stability of these arrangements to generate socioeconomic and conservation benefits.
An Institutional Assessment of Antitrust Policy: The Latin American Experience (International Competition Law Series)
by I. De LeonAntitrust policy nominally plays an instrumental public interest role. The generally accepted notion is that it is a government instrument designed to intervene in relatively unregulated markets in order to preserve rivalry among independent buyers and sellers. Competition authorities are supposed to restrain business conduct that exercises monopoly power aimed at excluding competitors or exploiting consumers and clients. Thus it can be said – although few pro-market theorists make the insight explicit – that antitrust provisions reveal mistrust of the capacity of markets to promote social welfare. The inner logic, enforcement mechanisms, and practical outcomes of antitrust provisions are all intrinsically contradictory to the natural dynamic course of market functioning. In Dr. De Leon’s challenging thesis, this mistrust of the market lies at the root of antitrust policy, giving rise always to a preference towards ‘predicting’ the result of impersonal market forces rather than interpreting the entrepreneurial behaviour which creates those forces. And it is in Latin America that he finds the powerful evidence he needs to support his case. From the formative years of Latin American economic institutions, during the Spanish Empire, economic regulations – far from being driven by the pursuit of promoting free trade and economic freedom – have been conceived, enacted and implemented in the context of deeply anti-market public policies, trade mercantilism and government dirigisme. The so-called “neoliberal” revolution of the 1990s triggered by the Washington Consensus did not really change the interventionist innuendo of these policies, but merely restated the social welfare goal to be achieved: the pursuit of economic efficiency. Dr. De Leon presents his case against the assumption that consumer welfare orientated policies such as antitrust do really promote entrepreneurship and market goals. Paradoxically, antitrust enforcement has undermined the transparency of market institutions, in the name of promoting market competition. The author’s provocative analysis marshals several sets of facts in support of his thesis, including the actual functioning of antitrust policy as reflected in case law in various Latin American countries, the preference of merger control over other less intrusive forms of market surveillance, the constrained role of competition advocacy against government acts, and the ineffective institutional structure created to apply the policy. Among the many specific topics treated are the following: government immunity; strategic industries; state-owned enterprises; politically influential groups; measurement of market concentration; the burden of proof of social welfare benefits; the role of joint trade associations and professional guilds; institutional arrangements that favour collusion; selective distribution; sector regulation; erosion of property rights; marginal role of courts in the antitrust system; leniency programs; and privatized public utilities. The growing significance of Latin America in the context of economic globalization endows this book with huge international interest. Written by a leading authority on the topic, this is the first book that presents a detailed description of Latin American antitrust law and policy as it has been developed through numerous judicial opinions. A wide variety of audiences around the world will find it of extraordinary value: competition law specialists, scholars and students of the subject, policymakers and politicians in Latin America, as well as all interested lawyers, jurists, and economists.
Institutional Change in Turkey: The Impact of European Union Reforms on Human Rights and Policing
by L. PiranHow do state institutions reform themselves in the face of outside pressures? This study undertakes an in-depth analysis of the institutional and human rights reform process within the Turkish National Police, which faces pressure from the EU as part of Turkey's EU membership process, and examines the challenges and consequences of the process.