New dog, old tricks : solving a conflict of laws problem in CISG arbitrations

Parties to international sale of goods transactions often exercise their rights to choose a governing law and refer disputes to arbitration . Where their choice is incomplete, as is the case where the contracts for the International Sale of Goods (CISG) is chosen, complex conflict of laws problems can arise, including disputes over the governing limitation period. While such disputes are traditionally resolved using conflict of laws methodologies, this article argues a superior solution can be achieved through procedural late. Through a simple discretion, arbitral tribunals may apply the limitation period from either the International Institute for the Unification of Private Law (UNIDROIT) Principles 2004 or the UN Limitation Period Convention. Such an approach makes determination of the governing limitation period a simpler process, allowing parties to focus their attention on what they are really concerned with—the merits.

Conflicts of interest and China's A-share underpricing

The extremely high A-share underpricing in China's primary market provides us with a very interesting area of empirical research. Previous studies on China's IPO underpricing have been suggestive, but inconclusive. A significant decline in A-share underpricing is found in 2003 relative to previous years (and much less than that recorded in the literature to date). We examine the validity of previous A-share underpricing models, reported in the literature, and find a statistically significant structural break in the data during 2003 when these models are specified. We further explore conflicts of interest in the Chinese IPO market and specify an alternative model to further examine this change in observed market behavior. Our results suggest that a contract with high underwriter's fee leads to less A-share underpricing. Our results also suggest that the asymmetric information hypothesis does not apply in the Chinese IPO market in 2003. Overpricing by the secondary market and the trading activity on the first trading day are the main functions of the A-share underpricing. This study has important implications such as guiding the Chinese government policy regarding the regulations of initial public offering.

Transition to parenthood and the conflict of unrealized role expectations

Attempts to evaluate the effects of role expectations on transition to parenthood. Resultant changes in the partnership are measured. Highlights the enormity and complexity of the transition and underlying influences.

The perennial problem of police gratuities : public concerns, political optics, and an accountability ethos

Despite the perennial nature of the problem of gratuities in considerations of police ethics, many prior analyses of this issue have rested on anecdotal, piecemeal or hypothetical considerations.. This paper draws on a unique sample of actual complaint cases involving gratuities, providing evidence of a range of public concerns about the problem. Gratuities are analysed and contextualised by reference to the concept of conflict of interest, which draws attention to the potential for the performance of public duty to be tainted in fact or appearance. In either case, public trust in the integrity of the police is damaged, giving rise to "political optics" as a key problem with gratuities.  The paper argues that an accountability ethos must be developed to promote active responsibility and a preparedness to prioritise the public interest in policing.

Credit risk of interest rate swaps : a comparative study of CIR and Monte Carlo simulation approach

This paper compares the credit risk profile for two types of model, the Monte Carlo model used in the existing literature, and the Cox, Ingersoll and Ross (CIR) model. Each of the profiles has a concave or hump-backed shape, reflecting the amortisation and diffusion effects. However, the CIR model generates significantly different results. In addition, we consider the sensitivity of these models of credit risk to initial interest rates, volatility, maturity, kappa and delta. The results show that the sensitivities vary across the models, and we explore the meaning of that variation.

Balancing the benefits and risks of public–private partnerships to address the global double burden of malnutrition

Objective: Transnational food, beverage and restaurant companies, and their corporate foundations, may be potential collaborators to help address complex public health nutrition challenges. While UN system guidelines are available for private-sector engagement, non-governmental organizations (NGO) have limited guidelines to navigate diverse opportunities and challenges presented by partnering with these companies through public–private partnerships (PPP) to address the global double burden of malnutrition.

Design: We conducted a search of electronic databases, UN system websites and grey literature to identify resources about partnerships used to address the global double burden of malnutrition. A narrative summary provides a synthesis of the interdisciplinary literature identified.

Results: We describe partnership opportunities, benefits and challenges; and tools and approaches to help NGO engage with the private sector to address global public health nutrition challenges. PPP benefits include: raising the visibility of nutrition and health on policy agendas; mobilizing funds and advocating for research; strengthening food-system processes and delivery systems; facilitating technology transfer; and expanding access to medications, vaccines, healthy food and beverage products, and nutrition assistance during humanitarian crises. PPP challenges include: balancing private commercial interests with public health interests; managing conflicts of interest; ensuring that co-branded activities support healthy products and healthy eating environments; complying with ethical codes of conduct; assessing partnership compatibility; and evaluating partnership outcomes.

Conclusions: NGO should adopt a systematic and transparent approach using available tools and processes to maximize benefits and minimize risks of partnering with transnational food, beverage and restaurant companies to effectively target the global double burden of malnutrition.

Substituted consent : from lunatics to corpses

This analysis traces the origins and evolution of the doctrine of surrogate or substituted judgment, especially its application to medical treatment, including non-therapeutic sterilisation, decisions regarding life and death choices, and more recently, removal of sperm or eggs from incompetent, dying or dead males and females. It argues that the doctrine, which has been acknowledged to be a legal fiction, has an effect of devolving legal and moral responsibility for life and death choices, as well as non-consensual, non-beneficial intrusive procedures, from the competent decision-makers to the incompetent patient. It focuses on the subjective nature of the substituted judgment standard; the problematic nature of evidence propounded to establish the putative choices of the incompetent person; lack of transparency relating to the conflict of interest in the process of substituted judgment decision-making; and the absence of voluntariness, which is an essential element of a valid consent.

Competing on the higher ground : social expectations and sport

Research in sport ethics has traditionally focused on the ethical dimensions of the sport event and athletes, however the examination of the principles of ethics to the management and organisation of sport is a relatively recent phenomenon. The tension between the roles and responsibilities of sport as a business, and sport as an ethical and moral aspect of society has forced sport organisations to face an increased number of complex ethical dilemmas. As sport systems throughout the world become further professionalised and bureaucratised, the community understanding of what is ‘good’ is challenged. It is a commonly held expectation that there should be a high level of moral behaviour from those participating directly in the sport event (athletes, coaches, referees), however this expectation has extended to the sporting clubs and organisations which govern the sport itself.

Often used interchangeably, ethics and morality are complex terms concentrating on issues of right and wrong behaviour. Beauchamp and Bowie (1993) stated that the term morality suggests a social institution, composed of a set of standards which are pervasively acknowledged by the members of a culture, or alternatively a social construction. The application of ethics and moral values to the business environment applies across all sectors, including for-profit, non-profit and government, however Rubin (1990) found that the normative ethics, those which society accepts as ethical behaviour, varies from sector to sector. In the non-profit sector, to which many sport organisations belong, Rubin (1990) found that because the community expects more ‘good’, they accept less ‘bad’. As many sport organisations throughout the world remain largely non-profit, linked with the commonly held belief that sport is a foundation for moral behaviours, the idealistic expectation of ethical conduct placed upon them may be different to those of more mainstream business organisations.

Mewett (2003) noted the importance of sport as a social phenomenon which ramifies widely through society to become an intrinsic part of culture and community life. The different expectations of ethical conduct and moral value placed on sport organisations increases the public interest in the ethical dilemmas faced by these organisations. Using the concept of conflict of interest as an example, this paper will examine the tension and difference between the community and social understanding and expectations of sport, and those of the sport organisations themselves.

Research indepedence matters for practitioners and researchers in the addictions

As governments, industry bodies, and other interest groups become more adept at influencing the conduct and dissemination of research, it is increasingly important that the alcohol and other drug (AOD) sector maintains and protects the integrity of its evidence base. This commentary discusses the level and type of influence being exerted on the research process by different interest groups within the field. It explores the impact and influence of funding bodies, other interest groups, and social systems on addiction and recovery using relevant examples to identify questions for practitioners and researchers to consider when encountering interested parties in their day-to-day practice. Ultimately, it is service users and clinicians at the "front line" of recovery who have the most to lose from research findings that have been unduly influenced. The best protection against bias in these forms is to practice critical self-reflection and to keep openly and honestly debating those things that we find most challenging.

If in doubt - disclose

This thesis develops a conceptual model to explain executive conflict of interest in the AFL, including: a definition of conflict of interest in sport management; a process for managing conflict of interest; and the impact of social expections on the management process.

A quandary in management practice: Academic research or consulting?

This paper compares the practice of academic action research against management consulting. Consulting is founded upon a body of underpinning knowledge drawn from a different perspective than action research. Nevertheless, consulting and action research, in practice, draw from similar methods of investigation. The difficulty in distinguishing action research from consulting adds to unique ethical problems in practice. In this paper, an ethics quandary is identified, defined and explored with implications for research practice. An example of an action research project is presented to highlight the potential ethical dilemma and conflict of interest points of
the investigation, whether as an academic or a consultant. The authors, by crystallising the boundaries of academic action research and consulting posit that, when designed and executed well, risk can be minimised to gather rich and deep insights into management practice.