This book introduces law in the context of international business. The basics of law are explored using a clear comparative methodology. International and regional economic institutions are discussed, next to the fundaments of private law. These include contract law, liability law, labour law, company law, privacy law, intellectual property law and international private law. The book goes beyond the usual focus on Western legal systems and uses examples from all over the world to provide students with comprehensive knowledge of business law. It is set up rather broadly, so that it can be used by teachers throughout their entire curriculum. Each chapter ends with a clearsummary. With its colourful cases, this book is accessible and fun to read.
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While the right to adequate food is often discussed in the context of developing countries, especially in situations where access to adequate food is a problem on a larger scale, this book focusses on the right to food in two Western countries in which theoretically the circumstances allow this right to be enjoyed by each individual. Through a legal comparative study, the enforceability of the right to food is compared between the Netherlands and Belgium in light of the current UN Human Rights system. There seems to be a difference between what the countries do, what they say they do, and what they should do on the matter. As it appears, the coincidental constitutional circumstances mainly determine the enforceability of the right to food, rather than the content of the human right in itself. This book includes a thorough analysis of suitable comparative legal methodology and the embedment of the right to food in the UN human right system. Furthermore, for both countries, an in-depth analysis of the case law on the right to food (mostly concerning the status of foreigners), the constitutional context in which the Judiciary operates, and the relevant UN reports and subsequent procedures are outlined. Finally, recommendations are made to both countries and the relevant UN Committees.
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The main hypothesis underlying this article is that although arbitrators are not formally part of national justice systems, they have dealt with questions of EU fundamental rights and the European rule of law standards for quite some time, at least formally since the landmark CJEU judgment in Eco Swiss in 1999. In fact, in all forms of arbitration, be it national or international, taking place in or across (Member) States daily and not necessarily concerning the application by arbitrators of EU law stricto sensu, arbitrators can be seen as guardians of many crucial procedural guarantees that increase parties’ access to justice and advance the European rule of law, or so we wish to argue. This article is an exploratory piece. That is, it combines the format of the state-of-the-art review with the format of conference proceedings through which we present the main activities of the DG Justice TRIIAL project concerning arbitration. Our main goal is three-fold: (1) to advance the discussion on the relationship between the European rule of law and arbitration, (2) to present the main findings stemming from research and training activities within the TRIIAL training workshops on arbitration, and (3) to formulate future research and practical questions on the topic at hand.
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The principles of international humanitarian law (IHL) have evoked considerable debate in the practice of humanitarian support, particularly in terms of emerging tensions with sovereign (national) law. Drawing on organization studies, we examine the emergent strategies aimed at resolving the ambiguous legal context in which humanitarian support operations in a conflict context are embedded. Our analysis of two missions revealed two types of emergent strategies, namely network and negotiation strategies, differentiated by particular contextual dimensions. We extend the humanitarian law debate by showing the strategic interplay between the operational humanitarian context and international humanitarian principles, thereby connecting the fields of international law and organization science.
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Objectives: To cross-validate the existing peak rate of oxygen consumption (VO2peak) prediction equations in Dutch law enforcement officers and to determine whether these prediction equations can be used to predict VO2peak for groups and in a single individual. A further objective was to report normative absolute and relative VO2peak values of a sample of law enforcement officers in the Netherlands. Material and Methods: The peak rate of oxygen consumption (ml×kg–1×min–1) was measured using a maximal incremental bicycle test in 1530 subjects, including 1068 male and 461 female police officers. Validity of the prediction equations for groups was assessed by comparing predicted VO2peak with measured VO2peak using paired t-tests. For individual differences limits of agreement (LoA) were calculated. Equations were considered valid for individuals when the difference between measured and predicted VO2peak did not exceed ±1 metabolic equivalent (MET) in 95% of individuals. Results: None of the equations met the validity criterion of 95% of individuals having ±1 MET difference or less than the measured value. Limits of agreement (LoAs) were large in all predictions. At the individual level, none of the equations were valid predictors of VO2peak (ml×kg–1×min–1). Normative values for Dutch law enforcement officers were presented. Conclusions: Substantial differences between measured and predicted VO2peak (ml×kg–1×min–1) were found. Most tested equations were invalid predictors of VO2peak at group level and all were invalid at individual levels.
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In the preparation of the celebration of the 10th anniversary of the MA CESS all alumni were invited to participate in an alumni survey. The purpose of the survey was to thoroughly investigate the professional activities of MA CESS alumni and the way they build an alumni community. Another reason for starting the project is that it may play a part in maintaining and enhancing a mutually beneficial relationship between MA CESS and its alumni. All over Europe there are graduates working in the social and social political field who experienced the same education and spirit in the MA CESS course. It’s an important thing to reach out to them, renew and encourage a spirit of enthusiasm and desire for continuing education, by creating instruments of communication and networking opportunities. The first part of the report deals with the construction of the alumni survey, namely the background, the assignment, the survey design, the sampling, the research limitations, the influences of gender and age on professional activities and the way of making contacts, facts and figures about the sectors of activity in which the alumni are engaged, what alumni have to say about the international dimension in their professional activities, their ideas about network building, and finally their critiques and suggestions for the MA CESS study programme. The second part contains a reflection about the alumni community, particularly the role of CESSNET (Network of the Comparative European Social Studies Alumni ) in the strategy to reach out to the alumni. The report ends with conclusions and recommendations.
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In one-dimensional disordered wires electronic states are localized at any energy. Correlations of the states at close positive energies and the AC conductivity \sigma(\omega) in the limit of small frequency are described by the Mott-Berezinskii theory. We revisit the instanton approach to the statistics of wave functions and AC transport valid in the tails of the spectrum (large negative energies). Applying our recent results on functional determinants, we calculate exactly the integral over Gaussian fluctuations around the exact two-instanton saddle point. We derive correlators of wave functions at different energies beyond the leading order in the energy difference. This allows us to calculate corrections to the Mott-Berezinskii law (the leading small-frequency asymptotic behavior of \sigma(\omega)) which approximate the exact result in a broad range of \omega. We compare our results with the ones obtained for positive energies.
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This article is a reflection on the MACESS programme and its place in a changing education environment in Europe.
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Project objectives Radicalisation research leads to ethical and legal questions and issues. These issues need to be addressed in way that helps the project progress in ethically and legally acceptable manner. Description of Work The legal analysis in SAFIRE addressed questions such as which behavior associated with radicalisation is criminal behaviour. The ethical issues were addressed throughout the project in close cooperation between the ethicists and the researchers using a method called ethical parallel research. Results A legal analysis was made about criminal law and radicalisation. During the project lively discussions were held in the research team about ethical issues. An ethical justification for interventions in radicalisation processes has been written. With regard to research ethics: An indirect informed consent procedure for interviews with (former) radicals has been designed. Practical guidelines to prevent obtaining information that could lead to indirect identification of respondents were developed.
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Background: Structured psychotherapy is recommended as the preferred treatment of personality disorders. A substantial group of patients, however, has no access to these therapies or does not benefit. For those patients who have no (longer) access to psychotherapy a Collaborative Care Program (CCP) is developed. Collaborative Care originated in somatic health care to increase shared decision making and to enhance self management skills of chronic patients. Nurses have a prominent position in CCP’s as they are responsible for optimal continuity and coordination of care. The aim of the CCP is to improve quality of life and self management skills, and reduce destructive behaviour and other manifestations of the personality disorder. Methods/design: Quantitative and qualitative data are combined in a comparative multiple case study. This makes it possible to test the feasibility of the CCP, and also provides insight into the preliminary outcomes of CCP. Two treatment conditions will be compared, one in which the CCP is provided, the other in which Care as Usual is offered. In both conditions 16 patients will be included. The perspectives of patients, their informal carers and nurses are integrated in this study. Data (questionnaires, documents, and interviews) will be collected among these three groups of participants. The process of treatment and care within both research conditions is described with qualitative research methods. Additional quantitative data provide insight in the preliminary results of the CCP compared to CAU. With a stepped analysis plan the ‘black box’ of the application of the program will be revealed in order to understand which characteristics and influencing factors are indicative for positive or negative outcomes. Discussion: The present study is, as to the best of our knowledge, the first to examine Collaborative Care for patients with severe personality disorders receiving outpatient mental health care. With the chosen design we want to examine how and which elements of the CC Program could contribute to a better quality of life for the patients.
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