Justifying Non Compliance
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Justifying Non Compliance
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Author : Filippa Corneliussen
language : en
Publisher:
Release Date : 2004-01-01
Justifying Non Compliance written by Filippa Corneliussen and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2004-01-01 with Biotechnology industries categories.
Comply Or Explain
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Author : Iain MacNeil
language : en
Publisher:
Release Date : 2023
Comply Or Explain written by Iain MacNeil and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2023 with categories.
The “comply or explain” principle adopted by the UK's Combined Code on Corporate Governance has now been in operation for twelve years. In this paper we focus on two aspects of this regime. The first is the nature of the explanations that have been given by companies with an established record of non-compliance (“serial non-compliers”) and the role of the market in permitting deviations from the Combined Code. In particular, we consider the significance of share price performance as a factor that is relevant in justifying non-compliance and the extent to which investors appear to rely on this indicator rather than engage in the more difficult task of judging the relative merits of the Code provisions against alternatives. Our approach differs from much of the research linking corporate governance with financial performance in that it focuses on the potential influence of financial performance (as measured by share price) on governance structure rather than vice versa. Our study of FTSE 100 serial non-compliers suggests that there is a prima facie link between share price performance and investors' tolerance of non-compliance with the Combined Code. The second issue we examine is the link between the principle of “comply and explain” and the self-regulatory status of the Code. We conclude that the benefits of flexibility generally associated with the self-regulatory status of the Code are overstated and that the Code could be integrated into mainstream company law.
Features And Maternal Predictors Of Older Children S Non Compliance Strategies
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Author : Tsasha Schlawn Awong
language : en
Publisher:
Release Date : 2007
Features And Maternal Predictors Of Older Children S Non Compliance Strategies written by Tsasha Schlawn Awong and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2007 with categories.
Traditional approaches to the study of children's compliance have focused on a uni-dimensional construct, with compliance at one end of the spectrum and noncompliance at the other. Given the clinical implications of excessive non-compliance in young children, such efforts have been justified; however, some theorists suggest that non-compliance is a normative part of children's development, and that compliance should be balanced with autonomous behaviour for healthy development (e.g. Spitz, 1957). Within the last decade, some researchers (e.g. Kuczynski and colleagues) have focused their investigations on the various expressions that young children's noncompliance takes in non-clinical samples. In the present study, predictive features of the different forms of non-compliance, such as the child's age, sex, and type of request were explored; relationships between non-compliance strategies and three aspects of maternal responsivity were also examined. During the year 2004, seventy-five 9 to 11 year-old children and their mothers took part; families had previously participated three years prior, at which time, various aspects of parenting were assessed. At the follow up, parenting was measured again, in addition to children's non-compliance strategies. Predictions were made regarding the frequency of each type of non-compliance. The current study found that 9 to 11 year-olds use the same strategies---namely, passive non-compliance, justification/negotiation, and negativistic non-compliance---as younger children studied in other research programs. As expected, children clearly used skilled forms of non-compliance such as justification/negotiation frequently and rarely used unskilled forms such as negativism. Although some discrepancies were observed, there was also evidence that both delay and passive non-compliance are common among children in this age range. Hypotheses concerning the relations between the child's age, sex, the type of request, and the forms of non-compliance were also posited. Although the initial predictions were not met, the current study uncovered interesting findings regarding the nature of the request and types of non-compliance, with the results suggesting that children do select particular types of non-compliance as a function of the type of request. Sex effects were found for passive non-compliance, and age and sex interactions were observed for delay, with the findings generally indicating that boys' use of delay increases with age, whereas girls showed an inverted U-shaped trend. Contrary to expectation, however, there was no support for age and sex differences in negativism and justification/negotiation. Lastly, maternal responsiveness to distress appeared to be the most relevant aspect of responsiveness affecting children's use of passive noncompliance and justification/negotiation. In addition, maternal warmth was a predictor of children's delay. Authoritative responsiveness did not contribute to children's noncompliance strategies. The implications of these findings are discussed.
The Politics Of Justifying Force
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Author : Charlotte Peevers
language : en
Publisher:
Release Date : 2013-11
The Politics Of Justifying Force written by Charlotte Peevers and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013-11 with History categories.
The potential engagement of British forces in military action often leads to intense public debate. This book assesses the public legal justifications for such operations. It critiques the idea that using international legal norms to justify decisions on the use of force will necessarily result in fewer instances of military intervention.
The Rationality And Justification Of Legislation
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Author : Luc J. Wintgens
language : en
Publisher: Springer Science & Business Media
Release Date : 2013-06-26
The Rationality And Justification Of Legislation written by Luc J. Wintgens and has been published by Springer Science & Business Media this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013-06-26 with Law categories.
The essays collected in this book address legislation from the viewpoint of legal theory and provide an overview of current research in legisprudence as a new scholarly approach to lawmaking. The overall focus of the volume is on the justification of legislation, with a special emphasis on the intricate notion of legislative rationality. With the rational justification of legislation as their central theme, the essays elaborate on the foundations and bounds of legislation and the search for a more principled lawmaking, discuss the role of legislation within the framework of democratic constitutionalism, analyze legislation as implementation of constitutional law, and explore how legislative argumentation in parliament can be construed as a source of justification of laws.
Enforcing Obligations Erga Omnes In International Law
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Author : Christian J. Tams
language : en
Publisher: Cambridge University Press
Release Date : 2005-12-01
Enforcing Obligations Erga Omnes In International Law written by Christian J. Tams and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2005-12-01 with Political Science categories.
The concept of obligations erga omnes - obligations to the international community as a whole - has fascinated international lawyers for decades, yet its precise implications remain unclear. This book assesses how this concept affects the enforcement of international law. It shows that all States are entitled to invoke obligations erga omnes in proceedings before the International Court of Justice, and to take countermeasures in response to serious erga omnes breaches. In addition, it suggests ways of identifying obligations that qualify as erga omnes. In order to sustain these results, the book conducts a thorough examination of international practice and jurisprudence as well as the recent work of the UN International Law Commission in the field of State responsibility. By so doing, it demonstrates that the erga omnes concept is solidly grounded in modern international law, and clarifies one of the central aspects of the international regime of law enforcement.
Coercion And The Nature Of Law
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Author : Kenneth Einar Himma
language : en
Publisher: Oxford University Press
Release Date : 2020-05-06
Coercion And The Nature Of Law written by Kenneth Einar Himma and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-05-06 with Law categories.
The Coercion Thesis has been a subject of longstanding debate, but legal positivist scholarship over the last several decades has concluded that coercion is not necessary for law. Coercion and the Nature of Law is concerned with reviving the Coercion Thesis, presenting a strong case for the inherently coercive nature of legal regulation, and arguing that anything properly characterized as a legal system must back legal norms prohibiting breaches of the peace with the threat of a coercive sanction. Himma presents the argument that people are self-interested beings who must compete in a world of scarcity for everything they need to survive and thrive. The need to compete for resources naturally leads to conflict that can breach the peace, and threatens the ability to live together in a community and reap the social benefits of cooperation. Law only functions as a system if it can maintain the peace enough for community to continue, and thus systems of law cannot succeed in doing anything that we want systems of law to do unless they back laws prohibiting violent assaults on persons or property with the threat of punishment; without sanctions, we would descend into something resembling a condition of war-of-all-against-all. We adopt coercive systems of regulation precisely to avoid having to live under such conditions. The book is divided into three parts: (1) a prima facie logical-empirical case for the Coercion Thesis, (2) a study of the "society of angels" and international law counterexamples, and why they do not refute the thesis, and (3) an analysis of how law guides behaviour and the implications of the Coercion Thesis on reasons for action. Going against the current conventional wisdom in legal philosophy, Himma makes a systematic defence of the Coercion Thesis arguing that coercion or enforcement mechanisms are not only a necessary feature of legal systems, but a conceptually necessary feature of legal systems.
Infrastructure And Methodologies For The Justification Of Nuclear Power Programmes
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Author : Agustin Alonso
language : en
Publisher: Elsevier
Release Date : 2012-01-19
Infrastructure And Methodologies For The Justification Of Nuclear Power Programmes written by Agustin Alonso and has been published by Elsevier this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012-01-19 with Technology & Engineering categories.
The potential development of any nuclear power programme should include a rigorous justification process reviewing the substantial regulatory, economic and technical information necessary for implementation, given the long term commitments involved in any new nuclear power project. Infrastructure and methodologies for the justification of nuclear power programmes reviews the fundamental issues and approaches to nuclear power justification in countries considering nuclear new build or redevelopment.Part one covers the infrastructure requirements for any new nuclear power programme, with chapters detailing the role and responsibilities of government, regulatory bodies and nuclear operator and the need for human resources and technical capability at the national level. Part two focuses on issues relevant to the justification process, including nuclear safety, radiation protection and emergency planning. Current designs and advanced reactors and radioactive waste management are also considered, along with the economic, social and environmental impacts of nuclear power development. Part three reviews the development of nuclear power programme, from nuclear power plant site selection and licensing, through construction and operation, and on to decommissioning. Finally, a series of valuable appendices detail the UK experience of justification, nuclear safety culture and training, and the multinational design evaluation programme (MDEP).With its distinguished editor and expert team of contributors, Infrastructure and methodologies for the justification of nuclear power programmes is an essential reference for international and national stakeholders in this field, particularly governmental, non-governmental and regulatory bodies, nuclear power operators and consultants. Offers a comprehensive analysis of the infrastructure and methodologies required to justify the creation of nuclear power programmes in any country Provides coverage of the main issues and potential benefit linked to nuclear power Reviews the implementation of a nuclear power programme with particular reference to the requirements and methods involved in construction
Department Of The Interior And Related Agencies Appropriations For 2004 Justification Of The Budget Estimates U S Geological Service
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Author : United States. Congress. House. Committee on Appropriations. Subcommittee on Department of the Interior and Related Agencies
language : en
Publisher:
Release Date : 2003
Department Of The Interior And Related Agencies Appropriations For 2004 Justification Of The Budget Estimates U S Geological Service written by United States. Congress. House. Committee on Appropriations. Subcommittee on Department of the Interior and Related Agencies and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2003 with United States categories.
Department Of The Interior And Related Agencies Appropriations For 1993 Justification Of The Budget Estimates Office Of The Secretary
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Author : United States. Congress. House. Committee on Appropriations. Subcommittee on Department of the Interior and Related Agencies
language : en
Publisher:
Release Date : 1992
Department Of The Interior And Related Agencies Appropriations For 1993 Justification Of The Budget Estimates Office Of The Secretary written by United States. Congress. House. Committee on Appropriations. Subcommittee on Department of the Interior and Related Agencies and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1992 with Government publications categories.
