1,053 research outputs found
The exclusion of exclusion in social capital
In this paper we argue that many scholars using the conceptual framework of social capital have largely ignored or minimised two important elements: closure and emergence. First we chart the rise of social capital (section two), then we outline some of the existing criticisms of social capital (section three). In section four, we offer a four-way classification system, based on the recognition of emergence and/or closure, of the most popular and widely utilised definitions of social capital. Such categorisation allows for the analysis of how social capital is understood across academic disciplines and how it has been taken up in the policy making arena. Finally we argue that it is only by conceptualising social capital as having emergent properties and as inherently exclusionary that it becomes theoretically and analytically useful to sociological enquiry.
Data assurance in opaque computations
The chess endgame is increasingly being seen through the lens of, and therefore effectively defined by, a data âmodelâ of itself. It is vital that such models are clearly faithful to the reality they purport to represent. This paper examines that issue and systems engineering responses to it, using the chess endgame as the exemplar scenario. A structured survey has been carried out of the intrinsic challenges and complexity of creating endgame data by reviewing the past pattern of errors during work in progress, surfacing in publications and occurring after the data was generated. Specific measures are proposed to counter observed classes of error-risk, including a preliminary survey of techniques for using state-of-the-art verification tools to generate EGTs that are correct by construction. The approach may be applied generically beyond the game domain
Transnational public policy in international arbitration
PhDArbitration tribunals rely on public policy principles to exclude or determine
the applicable law. At times, the notion of public policy will contain
fundamental yardsticks recognised by the world community at large. In such
cases public policy may be called transnational or truly international.
The thesis expounds the notion and content of transnational public policy as
applied by international tribunals. This objective is met by exploring the
method, functions and purpose of transnational public policy in international
arbitration.
The opening chapter sheds light on the origins and concept of public policy
and the different levels it has been applied by international tribunals and
national courts. It suggests a criteria for the distinction between domestic,
domestic-international, regional and transnational public policy.
The thesis then gives an in depth analysis of the origins and notion of
transnational public policy. It suggests that international tribunals have relied
on transnational public policy in their awards and proposes a method to
determine its content and sources.
Such method is then applied to deduct the content of transnational public
policy from decided arbitration awards. The thesis shows that transnational
public policy can be relevant at three different stages in international
arbitration. At the outset of the proceeding, where the arbitrators determine
their jurisdiction; during the arbitration, where it controls the procedure
applicable in the arbitration; or at the stage of drafting the final award, where
it determines fundamental substantive rules relied upon by the tribunal
Embracing Non-ICSID Investment Arbitration? The Chinese Perspective
This article introduces and examines Chinese arbitration institutionsâ recent movements to expand non-ICSID investment arbitration services, which could potentially contravene existing relevant Chinese laws and judicial practice, and it explores the prospects for non-ICSID investment arbitration in China. The article first compares ICSID and non-ICSID investment arbitration to determine the differences between them and their respective selling points for stakeholders in investment disputes. Next, the article examines the diverse mechanisms involved and highlights the different rules that govern non-ICSID arbitration, including the rules established by Chinese arbitration institutions in recent years. The article then further analyzes the obstacles in existing Chinese legislation and judicial practice that have impeded the use of non-ICSID investment arbitration in China. Finally, after briefly introducing proposals to remove these obstacles, the article examines the future prospects for Chinese non-ICSID investment arbitration
Corporate sustainability reporting index and baseline data for the cruise industry
Sustainability policies and corporate reports demonstrate the impacts cruise companies acknowledge as their responsibility, and the actions put in place to address them. This paper develops a corporate social responsibility index based on the Global Reporting Initiative, with industry specific additions including labor and human rights, health and safety, and environmental and economic aspects. Companies disclose more management than performance data, which is typical of early stages of development. Companies disclosing less information focus on soft indicators which are easy to mimic and demonstrate posturing. Items disclosed tend to be marginal to the core of the business, have a positive economic impact or pre-empt sector regulation. Reports echo the voice of the corporations and not the demands of stakeholders. Institutional isomorphism has not influenced a homogenization in reporting, with only the largest firms reporting at this stage
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