53 resultados para penal reforms


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Radical changes to the Trade Practices Act have the potential to affect significantly the ability of businesses to engage in vigorous price competition. These changes are designed to prohibit what is colloquially referred to as predatory pricing; the practice of a firm temporarily reducing its prices to a level designed to eliminate its competitors so that, free of competition, it can thereafter lift them to supra-competitive levels. Unfortunately, because of its scope and the ambiguous new concepts it employs, the section has the potential to apply to all forms of vigorous price competition and creates significant risks for those businesses who seek to compete with their rivals by systematically, or irregularly, selling at lower prices than they do. This note examines the section’s nature and scope and identifies the pitfalls that it presents for such firms.

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The author investigates social change in Vietnam in the late 1980s-2000s, a transition from a subsidized economy to a market-oriented economy. The author discusses the influences of socioeconomic changes on the operation of the performing arts sector through analyzing changes in cultural policies, opportunities, and challenges confronted by performing arts organizations. The new cultural policy allows arts organizations, arts managers, and artists more opportunities to develop a greater degree of autonomy and more freedom in performing, programming and other artistic activities. The author believes that open policies will motivate Vietnam to develop its own national identity and to participate in cultural exchange with other parts of the world. However, under the impact of global culture, global economics, cuts in state funding, and rapid technological development, the performing arts sector has faced challenges in terms of financial viability, audience development, and balance between commercialization and artistic creativity. The author suggests that privatization should be implemented depending on the art form. Consideration should be given by the Vietnamese government to implementing appropriate funding policies and schemes, as state funding still forms a significant part of public companies' incomes.

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Ch. 1. Introduction -- Ch. 2. Change and Continuity: Brazilian Municipal Reforms in Context -- Ch. 3. Itabuna -- Ch. 4. Sao Paulo -- Ch. 5. Porto Alegre -- Ch. 6. 'Genuine' Democracy: Civil Society, the Workers' Party and Beyond.

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It is of major concern to the Surveying profession that the seven years between 1994 and 2001, witnessed a decline in the numbers of UK student surveyors of nearly 50%. This was significant, especially when considered in the context of rising student numbers overall. Of equal concern, and set against the backdrop of a general move in education and the workplace to widen participation, was the reduction in applications from females, some 50% of the workforce. Furthermore demand for surveyors was high, and practices found it difficult to recruit graduate surveyors. The factors leading to low uptake in the profession were; low starting graduate salaries; lack of publicity and awareness of surveying as a career option, and a poor public image. The RICS decided to implement an education policy with the aim of increasing graduate quality. The policy adopted stated that 75% of each student cohort was to have an average of 17 A level points or 230 UCAS points for entry on undergraduate courses. These changes were introduced in UK Universities from September 2001. A number of Universities saw their professionally accredited courses withdrawn as the RICS imposed academic entry standards and research output based on the UK Government’s Research Assessment Exercise (RAE) criteria on which to base their ‘partnership’ relationships. Simultaneously there has been the development of post-graduate degree courses in surveying in the UK to attract noncognate degree holders into the profession on a fast track basis. The policy has generated a considerable amount of debate and very strong views within academia and also within the profession as to whether the policy was appropriate, and likely to succeed. It is now over 3 years since the policy was implemented and figures released by the RICS in 2003 indicated that surveying student numbers have increased by 17%, in all areas except Building Surveying where they fell by just under 25% to 445 in 2001. A number of questions arise. Why were Building Surveying courses failing to recruit students whereas other surveying courses have increased their numbers? If the figures continue to decline or remain at these low levels, what is the future for the BS? In short, could Building Surveying become an endangered profession? All university BS course leaders were approached by questionnaire and approximately half responded. The small amount of quantitative data collected, suggest that recruitment is static at a time when other built environment courses are recruiting well. Course leaders expressed strong views about the impact of the education reforms.

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Enforcement of corporate rights and duties may follow either a ‘regulatory’ or ‘enabling’ model. If a regulatory approach is taken, enforcement action will generally be undertaken by regulatory agencies such as, in New Zealand, the Registrar of Companies and Securities Commission, the Australian Securities and Investments Commission (ASIC) or the Department of Trade and Industry (DTI) in the United Kingdom. If an enabling approach is chosen, enforcement action will more often be by private parties such as company shareholders, directors or creditors. When New Zealand's company law was reformed in 1993, a primarily private enforcement regime was adopted, consisting of a list of statutory directors' duties and an enhanced collection of shareholder remedies, based in part upon North American models and including a statutory derivative action. Public enforcement was largely confined to administrative matters and the enforcement of the disclosure requirements of New Zealand's securities law. While the previous enforcement regime was similarly reliant on private action, the law on directors' duties was less accessible, and shareholder action was hindered by the majority rule principle and the rule in Foss v Harbottle. This approach is in contrast with that used in Australia and the United Kingdom, where public agencies have a much more prominent enforcement role despite recent and proposed reforms to directors' duties and shareholder remedies. These reforms are designed to improve the ability of private parties to enforce corporate rights and duties. A survey of enforcement litigation in New Zealand since 1986 indicates that the object of a primarily enabling enforcement regime seems to have been achieved, and may well have been achieved even without the 1993 reform package. Private enforcement has, in fact, been much more prevalent than public enforcement since well before the enactment of the new legislation. Most enforcement action both before and after the reform was commenced by shareholders and shareholder/directors, and most involved closely held companies. Public enforcement was largely undertaken in areas such as securities law, where the wider public interest was affected. Similar surveys of Australian and United Kingdom enforcement litigation reveal a proportionally much greater reliance on public bodies to enforce corporate rights and duties, indicating a more regulatory approach. The ASIC and DTI enforced a wider range of provisions, affecting both closely and widely held companies, than those subject to public enforcement in New Zealand. Publicly enforced provisions in Australia and the United Kingdom include directors' duties and provisions dealing with disqualification from managing companies, as well as securities law requirements.

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Market-based reforms implemented in the agricultural input management system are often claimed to be one of the success stories in Bangladesh. Based on the findings of 154 surveys and 16 in-depth interviews with the stakeholders during 2003-2004, the paper found that although there have been some notable achievements, the reforms have not achieved their expected outcomes and more importantly, in cases where they have been achieved, their sustainability is in question. The paper discusses the underlying reasons for the success and the problems of the reforms and also offers some policy recommendations to resolve the gap between the expected and the achieved outcomes. In the context of increasing donor pressure for adopting market-based reforms, the findings are likely to have important implications for both the donors and other countries in South Asia.

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Reviewing the trends in educational reforms from the last decade provides opportunity for policy makers to understand the issues from the past with a view to improving the educational planning in the future. In the 90s globalization emerged as a great impetus for educational reforms, however a central problem concerning globalization was its full meaning and implications were still emergent therefore educational planning and policy making reflected a great deal of uncertainty. This paper reviews and analyses how educational policies from the 90s constructed globalization and uncertainty and whether the lessons from the 90s have implications for current policy making. Using computer assisted text analysis, this paper explores how educational policies from OECD, UNESCO and the World Bank coalesced with certain notions of globalisation that strategically guided educational reforms. By focusing on textual evidence, in a range of education policy from the 90s, the paper discusses how policy consolidated particular ideas about globalization and presented ‘simple’ recipes for educational change. When reviewing the 90s, the relationship between education and global change the macro policy research shows a trend towards narrowing focus on managerial and financial issues, specifically the paper discusses how OECD policy emphasized education a social and individual payoff, World Bank policy focused on education enabling the free flow of capital and UNESCO policy problematised globalization but focused on the importance of teachers as a way to create stability in education during the paradoxical times.

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This thesis considers the 1999 Review of Business Taxation's small business reforms. It is argued that policy problems arose from flaws in the Review's policy design processes and in weaknesses in the enactment processes of the federal Government. This created policy structural defects, resulting in substantial levels of community criticism.

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