62 resultados para Leniency agreement
em QUB Research Portal - Research Directory and Institutional Repository for Queen's University Belfast
Resumo:
Leniency (amnesty) plus is one of the tools used in the fight against anticompetitive agreements. It allows a cartelist who did not manage to secure complete immunity under general leniency, to secure an additional reduction of sanctions in exchange for cooperation with the authorities with respect to operation of another prohibited agreement on an unrelated market. The instrument was developed in the United States and, in recent years, it was introduced in a number of jurisdictions. This article contextualises the operation of and rationale behind leniency plus, forewarning about its potential procollusive effects and the possibility of its strategic (mis)use by cartelists. It discusses theoretical, moral, and systemic (deterrence-related) problems surrounding this tool. It also provides a comparison of leniency plus in eleven jurisdictions, identifying common design flaws. This piece argues that leniency plus tends to be a problematic and poorly transplanted US legal innovation. Policy-makers considering its introduction should analyse it in light of institutional limits and local realities. Some of the regimes which already introduced it would be better off abandoning it.
Resumo:
This article analyses the use of equality as a concept central to the implementation of the 1998 Good Friday Agreement in Northern Ireland. The authors argue that, although equality legislation is succeeding in redressing previous discrimination in society, the discourses that have emerged around it have exacerbated competition and polarization between communities for two main reasons. Firstly, in " selling' the Agreement to their supporters, political elites have appropriated community-specific definitions of the concept, thus reinforcing rather than weakening group differences. Secondly, the practice of equality legislation involves the definitive categorization of individuals as members of particular groups. This article examines these processes and their effects through the analysis of the discourse of nationalist and Unionist Party elites and of individual Catholics and Protestants. This is done in order to capture the dynamics of change in political communication and identification rather than simply describing institutional alterations.
Litigating the Agreement: Towards a New Judicial Constitutionalism for the UK from Northern Ireland?
Governance and Democracy in Northern Ireland: the Voluntary and Community Sector after the Agreement
Resumo:
Martin Dowling, in what is perhaps the most comp[elling essay of the collection, deploys Slavoj Zizek's concept of the suture to think through the Other in Northern Irish cultural politics. Dowling identifies Ulster Scots as a suturing element--a cultural body harnessed to fill an inherent political "lack"--that stabilises Unionist identity in times of crisis. His essay considers more broadly the inherent limitations of the suture, whose logic functions like a "straightjacket on cultural life," and he proposes an alternative, genuinely open approach to Irish culture." From a review by Sarah Townsend in the Irish Literary Supplement, Spring 2010.
Resumo:
In 1998 a historic agreement, commonly known as the Belfast or Good Friday Agreement, formed the basis of a negotiated settlement for the future of Northern Ireland. Since that time the level of violence in Northern Ireland has reduced but many problematic issues related to governance, sectarianism, and community relations remain on the political agenda and have destabilized the post-peace accord environment. Many of these issues can be viewed as either causes or consequences of the protracted conflict in Northern Ireland. This special issue examines some of these issues from a political psychology perspective. Economic, political, social, and psychological factors that have supported and hindered progress towards peace and stability are considered. While the paramilitary ceasefires have remained intact and certain aspects of life in Northern Ireland have been transformed, the road to peace has been hindered by both political and psychological intransigence. This paper offers an opportunity to reevaluate conceptualisations of conflict and its management in chronic situations, where divisions are deeply embedded within societal structures and relationships, and consider factors that may act as barriers to the development of a lasting peace.
Resumo:
OBJECTIVES: The differences between child self-reports and parent proxy reports of quality of life in a large population of children with cerebral palsy were studied. We examined whether child characteristics, severity of impairment, socioeconomic factors, and parental stress were associated with parent proxy reports being respectively higher or lower than child self-reports of quality of life. METHODS. This study was conducted in 2004–2005 and assessed child quality of life (using the Kidscreen questionnaire, 10 domains, each scored 0–100) through self-reports and parent proxy reports of 500 children aged 8 to 12 years who had cerebral palsy and were living in 7 countries in Europe. RESULTS: The mean child-reported scores of quality of life were significantly higher than the parent proxy reports in 8 domains, significantly lower for the finances domain, and similar for the emotions domain. The average frequency of disagreement (child-parent difference greater than half an SD of child scores) over all domains was 64%, with parents rating their child’s quality of life lower than the children themselves in 29% to 57% of child-parent pairs. We found that high levels of stress in parenting negatively influenced parents’ perception of their child’s quality of life, whereas the main factor explaining parents’ ratings of children’s quality of life higher than the children themselves is self-reported severe child pain. CONCLUSIONS: This study shows that the factors associated with disagreement are different according to the direction of disagreement. In particular, parental wellbeing and child pain should be taken into account in the interpretation of parent proxy reports, especially when no child self-report of quality of life is available. In the latter cases, it may be advisable to obtain additional proxy reports (from caregivers, teachers, or clinicians) to obtain complementary information on the child’s quality of life.