103 resultados para Conflict of laws.

em QUB Research Portal - Research Directory and Institutional Repository for Queen's University Belfast


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How can interlocking directorates cause financial instability for universal banks? A detailed history of the Rotterdamsche Bankvereeninging in the 1920s answers this question in a case study. This large commercial bank adopted a new German-style universal banking business model from the early 1910s, sharing directors with the firms it financed as a means of controlling its interests. Then, in 1924, it required assistance from the Dutch state in order to survive a bank run brought on by public concerns over its close ties with Müller & Co., a trading conglomerate that suffered badly in the economic downturn of the early 1920s. Using a new narrative history combined with an interpretive model, this article shows how the interlocking directorates between the bank and this major client, and in particular the direction of influence of these interlocks, resulted in a conflict of interest that could not be easily overcome.

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One of Irigaray’s most insistent criticisms of the operation of patriarchal law is its overwhelming focus on the protection of property at the expense of law that regulates relations between and amongst persons. This paper argues, with reference to Irigaray’s work, that the conceptual change involved in such a reorientation of law’s focus has important implications for the legal perception of the harm of rape and woman’s sexuality. The possessive paradigm operates in the law of rape by disassociating the harm of rape from its psychic and subjective impact and encouraging the ‘simple’rape/ ‘real’ rape dichotomy. In returning subjectivity to woman herself we can begin to see perhaps how the crime of rape involves a harm to woman that affects the whole of her being, and to be. Such a reading allows the law to perhaps move away from understanding rape as a violation of undifferentiated bodies to a violation of the innate ‘virginity’ of woman.

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This article reviews ongoing work to increase awareness of, and raise standards in relation to, freedom of peaceful assembly across Europe, the South Caucasus, and Central Asia. The work is led by the Office of Democratic Institutions and Human Rights (ODIHR) at the Organisation of Security and Co-operation in Europe (OCSE). The article begins by highlighting the importance of freedom of peaceful assembly within democratic societies, and then describes the development of the ODIHR Guidelines on Peaceful Assembly. The article outlines some of the key issues of contention relating to the regulation of freedom of assembly, and discusses the process of reviewing the existing and draft legislation against the standards articulated in the Guidelines. In this context, the article also explores the potential for constructive engagement between government, civil society, and the OSCE to facilitate legislative amendments that respect key human rights norms and principles. Finally, the article reviews recent developments in training monitors of public assemblies with the aim of building local monitoring capacity and thus developing an evidence base of the practical implementation of laws relating to freedom of peaceful assembly. © The Author (2009). Published by Oxford University Press. All rights reserved.

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In a 1999 essay, J.M. Balkin and Sanford Levinson called for law to be considered as a performing art. Against or perhaps going further than Balkin and Levinson, this commentary claims that while engagement with performance practices in the arts, such as music, is of the utmost value to law and legal theory, we must not take for granted what it means to ‘‘perform’’. Uniting Jacques Derrida’s la Villette performance (with jazz legend, Ornette Coleman) with his writings on performativity in law, this commentary looks to the musical practice of improvisation to trouble the notion of performance as immediate and singular and to question taken for granted distinctions between text and performance, writing and music, composition and improvisation. The consequence of this refined understanding of the performative on legal theory and the actual practice of law is a reconceptualization of law as improvisation, that is, both singular and general, pre-existent and immediate, and a refocusing on the creativity that lies at the heart of law’s conservativism.

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This report concerns the provisions and practices on betting-related match fixing in sports
within the 28 Member States. Carried out in late 2013/early 2014, respondents in each Member
State reported on that state’s gambling-related provisions in respect of football and tennis and
(in each country) a third sport determined on the basis of either its popularity (in terms of
participation or television viewing) or the existence of betting-related “scandals” in that sport
within that particular jurisdiction. Those reports helped the authors to compare the Member
States’ regulatory and self-regulatory frameworks relating to risk assessment and conflict of
interest management, with a view to indicating areas of best practice, identifying particularly
good legislative frameworks and highlighting areas where change was either desirable or
necessary. While some individual Member States have legislation which might provide
templates that others could adapt for their own use, the authors were not convinced that “more
law”, whether at the national or European level, was desirable. Rather, more effective
cooperation among the stakeholders was identified as being more likely to provide tangible
benefits than would new legal frameworks.

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Leticia Valle, the eleven-year-old narrator and protagonist of Rosa Chacel’s 1945 novel Memorias de Leticia Valle seduces and destroys her history teacher, Daniel. Here, I argue that Daniel represents traditionalist, right-wing interpretations of Spanish history while also recalling the importance of the colonial wars in Morocco in the build up to the Civil War, and the Nationalists’ use of Moroccan conscripts and recruits within the peninsula. Written at a time when history was being used to justify an armed rebellion, a civil war, and the imposition of a brutal dictatorship, Chacel’s novel depends on ellipses and absence to question historiographical principles. Furthermore, it combines continued reference to Spanish history with the use of violent and militant language. The most devastating conflict of all is between Leticia and Daniel: she silences and dehumanizes him, though she is not able to fully explain what happened. Writing from Switzerland, Chacel’s narrator takes possession of Spanish history at a time when dissent within Spain was being silenced by the Francoist regime.

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Lasioglossum malachurum, a bee species common across much of Europe, is obligately eusocial across its range but exhibits clear geographic variation in demography and social behaviour. This variation suggests that social interactions between queens and workers, opportunities for worker oviposition, and patterns of relatedness among nest mates may vary considerably, both within and among regions. In this study, we used three microsatellite loci with 12–18 alleles each to examine the sociogenetic structure of colonies from a population at Agios Nikolaos Monemvasias in southern Greece. These analyses reveal that the majority of colonies exhibit classical eusocial colony structure in which a single queen mated to a single male monopolizes oviposition. Nevertheless, we also detect low rates of multiqueen nest founding, occasional caste switching by worker-destined females, and worker oviposition of both gyne and male-producing eggs in the final brood. Previous evidence that the majority of workers show some ovarian development and a minority (17%) have at least one large oocyte contrasts with the observation that only 2–3% of gynes and males (the so-called reproductive brood) are produced by workers. An evaluation of the parameters of Hamilton's Rule suggests that queens benefit greatly from the help provided by workers but that workers achieve greater fitness by provisioning and laying their own eggs rather than by tending to the queen's eggs. This conflict of interest between the queen and her workers suggests that the discrepancy between potential and achieved worker oviposition is due to queen interference. Comparison of relatedness and maternity patterns in the Agios Nikolaos Monemvasias population with those from a northern population near Tübingen, Germany, points to a north–south cline of increasingly effective queen control of worker behaviour.

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In this paper we report an empirical study of the photographic portrayal of family members at home. Adopting a social psychological approach and focusing oil intergenerational power dynamics, our research explores the use of domestic photo displays in family representation. Parents and their teenagers from eight families in the south of England were interviewed at home about their interpretations of both stored and displayed photos within the home. Discussions centred on particular photographs found by the participants to portray self and family in different ways. The findings show that public displays of digital photos are still curated by mothers of the households, but with more difficulty and less control all with analogue photos. In addition, teenagers both contribute and comply with this curation within the home, whilst at the same time developing additional ways of presenting their families and themselves online that are 'unsupervised' by the curator. We highlight the conflict of interest that is at play within teen and parent practices and consider the challenges that this presents for supporting the representation of family through the design of photo display technology. (C) 2009 Elsevier Ltd. All rights reserved.

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The precise rationale for, and timing of, the Northern Ireland peace process of the 1990s and beyond, which developed after more than two decades of conflict, has yet to be fully explained. It has been a common assumption that it arose from a stalemate involving the Irish Republican Army (IRA), the 'regular' pro-state forces of the British Army and Royal Ulster Constabulary and the 'irregular/ultra' pro-state loyalist paramilitary groups of the Ulster Volunteer Force (UVF) and Ulster Defence Association (UDA). Under this interpretation, military/paramilitary deadlock led to ripeness for peace, amid reappraisals by all parties to the conflict of the utility of violence accompanied by reinterpretations of earlier political orthodoxies. The IRA could not remove the British sovereign claim to Northern Ireland; British forces could not militarily defeat the IRA and loyalists and republicans were engaged in a futile inter-communal sectarian war. This stalemate thesis has obvious attraction in explaining why a seemingly intractable war finally subsided, but is less convincing when subject to empirical testing among republican and loyalist participants in the conflict. This article moves away from 'top-down' generalist narratives of the onset of peace, which tend to argue the stalemate thesis, to assess 'bottom-up' interpretations from the actual combatants as to why they ceased fighting. It suggests an asymmetry, rather than mutuality, of perception that there was 'military' cessation by the armed non-state groups, with neither republican nor loyalist interpretations grounded in notions of stalemate. The article concludes by urging a wider consideration of the important and persistent interplay of the military and political in conflicts such as Northern Ireland.

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En 1963 se publicó el Plan Regional de Belfast. Las autopistas propuestas en el plan transformaron radicalmente el tejido de la ciudad, dejándola prácticamente irreconocible. El conflicto político de las últimas décadas del siglo XX fue un catalizador de estas transformaciones, pero este proceso no es único ni particular de Belfast. Esta presentación explorará la transformación del tejido urbano y humano de Belfast para descubrir los procesos que permitieron la destrucción de la ciudad y sus calles.

The Regional plan for Belfast was first published in 1963. The motorways laid out by the plan radically transformed the fabric of the city, leaving it practically unrecognisable. The political conflict of the last decades of the twentieth century was a catalyst of these transformations, but this process was neither unique nor particular of Belfast. this presentation explores the transformation of the urban and human fabric of Belfast to discover the processes that allowed the destruction of the city and its streets.

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