Des modes d'extinction de l'action en responsabilité née du contrat de transport de marchandises par voie de terre (articles 105 et 108 du code de commerce) modifiés par la loi du 11 avril 1888 ...

Thèse--Univ. de Toulouse.

A two-stage win–win multiattribute negotiation model:optimization and then concession

Many automated negotiation models have been developed to solve the conflict in many distributed computational systems. However, the problem of finding win-win outcome in multiattribute negotiation has not been tackled well. To address this issue, based on an evolutionary method of multiobjective optimization, this paper presents a negotiation model that can find win-win solutions of multiple attributes, but needs not to reveal negotiating agents' private utility functions to their opponents or a third-party mediator. Moreover, we also equip our agents with a general type of utility functions of interdependent multiattributes, which captures human intuitions well. In addition, we also develop a novel time-dependent concession strategy model, which can help both sides find a final agreement among a set of win-win ones. Finally, lots of experiments confirm that our negotiation model outperforms the existing models developed recently. And the experiments also show our model is stable and efficient in finding fair win-win outcomes, which is seldom solved in the existing models. © 2012 Wiley Periodicals, Inc.

Training National Park Service Concession Specialists

In recent years, the Internet has become the medium of choice in distance education, and a prominent delivery tool in many hospitality management programs. When students cannot be educated on site, web-based education has proven to be the next best thing to in-person instruction. The authors describe a project in which the Internet is used to educate National Park Service concession specialists, exploring the reasons the project was instigated, its development and funding, and educational challenges and solutions. Such web-based instruction can be used as a means to attract outside grants and revenues for hospitality management programs.

Antecedents of Concession Bargaining in the Great Recession: Evidence from Ireland

Concession or ‘give back’ bargaining involves firms seeking changes in pay and conditions of employment from trade unions in return for pledges of enhanced job security and sometimes other forms of reciprocation. Several distinct modes of concession bargaining are distinguishable in the literature, and three modes of concession bargaining have been identified in Ireland during the Great Recession: integrative, distributive and minimal engagement. Deploying qualitatively informed quantitative data on the conduct of collective bargaining during the Great Recession, this article examines a series of antecedent influences on the choices firms make in conducting concession bargaining with unions.

Public interests in water concession disputes

The flux of foreign investment into the water industry led to the internationalisation of contracts and of the method of settlement of possible disputes. When disputes over the performance of a water concession give origin to investor-state arbitrations, public authorities are put in a challenging position. The state need to combine two different roles – its role in the provision of services of public interest and the fulfilment of its international legal obligations arising from international investment agreements. The complexity of this relationship is patent in a variety of procedural and substantive issues that have been surfacing in arbitration proceedings conducted before the International Centre for Settlement of Investment Disputes. The purpose of this dissertation is to discuss the impact of investment arbitration on the protection of public interests associated with water services. In deciding these cases arbitrators are contributing significantly in shaping the contours and substance of an emerging international economic water services regime. Through the looking glass of arbitration awards one can realise the substantial consequences that the international investment regime has been producing on water markets and how significantly it has been impacting the public interests associated with water services. Due consideration of the public interests in water concession disputes requires concerted action in two different domains: changing the investment arbitration mechanism, by promoting the transparency of proceedings and the participation of non-parties; and changing the regulatory framework that underpins investments in water services. Combined, these improvements are likely to infuse public interests into water concession arbitrations.

Contrat de Plan État-Région Bretagne. Relance de l'huître plate. Rapport d'avancement des travaux 1988.

Un contrat de Plan État-Région Bretagne a été signé en 1983 pour financer des recherches sur la période 1984-1988 dans le but de permettre la relance de l'élevage de l'huître plate, à la suite de la deuxième épizootie due à un protozaire, Bonamia ostreae. Ce rapport présente les travaux réalisés et les résultats acquis durant l'année 1988, dans les domaines de la pathologie (étude de la maladie et des mécanismes de défense des mollusques) de la génétique (recherche de souches résistantes), de l'épidémiologie descriptive et de la zootechnie.

Contrat collectif

Digitalizacja i deponowanie archiwalnych zeszytów RPEiS sfinansowane przez MNiSW w ramach realizacji umowy nr 541/P-DUN/2016

La nature juridique du contrat de réassurance en droit civil québécois.

Le contrat de réassurance n’est pas un contrat nouveau; son existence peut être retracée jusqu’au 14e siècle. Cette opération est un élément essentiel de la pratique de l’assurance moderne. Le contrat de réassurance demeure toutefois un sujet obscur en droit civil québécois tout comme dans d’autres juridictions et la détermination de sa nature juridique demeure un sujet controversé. La qualification juridique de la nature du contrat de réassurance nécessite l’étude de ses fondements. Il est donc primordial dans le cadre de ce processus de revenir sur la notion de contrat de réassurance, son histoire, sa raison d’être, le régime normatif qui lui est applicable et les relations juridiques qui en découlent. Plusieurs thèses ont été avancées en ce qui a trait à la nature juridique du contrat de réassurance. De nos jours, on oppose essentiellement la thèse du contrat d’assurance à la thèse du contrat innommé. Le contrat de réassurance partage plusieurs éléments caractéristiques avec le contrat d’assurance. Il s’en distingue toutefois également sur plusieurs points qui nous paraissent déterminant dans le cadre du processus qualification de la nature juridique de ce contrat.

La nature juridique du contrat de réassurance en droit civil québécois

Le contrat de réassurance n’est pas un contrat nouveau; son existence peut être retracée jusqu’au 14e siècle. Cette opération est un élément essentiel de la pratique de l’assurance moderne. Le contrat de réassurance demeure toutefois un sujet obscur en droit civil québécois tout comme dans d’autres juridictions et la détermination de sa nature juridique demeure un sujet controversé. La qualification juridique de la nature du contrat de réassurance nécessite l’étude de ses fondements. Il est donc primordial dans le cadre de ce processus de revenir sur la notion de contrat de réassurance, son histoire, sa raison d’être, le régime normatif qui lui est applicable et les relations juridiques qui en découlent. Plusieurs thèses ont été avancées en ce qui a trait à la nature juridique du contrat de réassurance. De nos jours, on oppose essentiellement la thèse du contrat d’assurance à la thèse du contrat innommé. Le contrat de réassurance partage plusieurs éléments caractéristiques avec le contrat d’assurance. Il s’en distingue toutefois également sur plusieurs points qui nous paraissent déterminant dans le cadre du processus qualification de la nature juridique de ce contrat.

designing creative clusters : some indicators

This paper explores how the design of creative clusters as a key strategy in promoting the urban creative economy has played out in Shanghai. Creative Clusters in Europe and North America context have emerged ‘organically’. They developed spontaneously in those cities which went through a period of post-industrial decline. Creative Industries grew up in these cities as part of a new urban economy in the wake of old manufacturing industries. Artists and creative entrepreneurs moved into vacant warehouses and factories and began the trend of ‘creative clusters’. Such clusters facilitate the transfer of tacit knowledge through informal learning, the efficient sourcing of skills and information, competition, collaboration and learning, inter-cluster trading and networking. This new urban phenomenon was soon targeted by local economic development policy in charge of re-generating and re-structuralizing industrial activities in cities. Rising interest from real estate and local economic development has led to more and more planned creative clusters. In the aim of catching up with the world’s creative cities, Shanghai has planned over 100 creative clusters since 2005. Along with these officially designed creative clusters, there are organically emerged creative clusters that are much smaller in scale and much more informal in terms of the management. And they emerged originally in old residential areas just outside the CBD and expand to include French concession the most sort after residential area at the edge of CBD. More recently, office buildings within CBD are made available for creative usages. From fringe to CBD, these organic creative clusters provide crucial evidences for the design of creative clusters. This paper will be organized in 2 parts. In the first part, I will present a case study of 8 ‘official’ clusters (title granted by local govenrment) in Shanghai through which I am hoping to develop some key indicators of the success/failure of creative clusters as well as link them with their physical, social and operational efficacies. In the second part, a variety of ‘alternative’ clusters (organicly formed clusters most of which are not recongnized by the government) supplies with us the possibilities of rethinking the so-called ‘cluster development strategy’ in terms of what kind of spaces are appropriate for use by clusters? Who should manage them and in what format? And ultimately what are their relationship with the rest of the city should be defined?

Powering innovation through tax concessions : the changing research and development tax incentives

The changing R&D Tax Concession has been touted as the biggest reform to business innovation policy in over a decade. But, is it a changing tax for changing times? This paper addresses this question and further asks ‘what’s tax got to do with it?’. To answer this question, the paper argues that rather than substantive tax reform, the proposed measures simply alter the criteria and means by which companies become eligible for a Federal Government subsidy for qualifying R&D activity. It further argues that when considered as part of the broader innovation agenda, the R&D Tax Concession should be evaluated as a government spending program in the same way as any direct spending on innovation. When this is done, the tax regime is arguably only the administrative policy instrument by which the subsidy is delivered. However, it is proposed that this may not be best practice to distribute those funds fairly, efficiently, and without distortion, while at the same time maintaining adequate government control and accountability. Finally, in answering the question of ‘what’s tax got to do with it?’ the paper concludes that the answer is ‘very little’.

Queensland property legislation update

This article discusses the legislative changes introduced by the new Government in Queensland in 2012 and their impact on property transactions. The changes generally relate to the government’s mandate to reduce red tape in property transactions as well as election promises to reintroduce the stamp duty reduction for the purchase of a home and wind back the previous government’s changes to the lot entitlement provisions of the Body Corporate and Community Management Act 1997.

Tax Expenditure Management : A Critical Assessment

A tax expenditure is a 'tax break' allowed to a taxpayer or group of taxpayers, for example, by way of concession, deduction, deferral or exemption. The tax expenditure concept, as it was first identified, was designed to demonstrate the similarity between direct government spending on the one hand and spending through the tax system on the other. The identification of benefits provided through the tax system as tax expenditures allows analysts to consider the fiscal significant of those parts of the tax system which do not contribute to the primary purpose of raising revenue. Although a seemingly simple concept, it has generated a range of complex definitional and practical issues, and this book identifies and critical assesses the controversial aspects of tax expenditure and tax expenditure management.

The CGT small business concessions : recent evidence from the perspective of the tax practitioner

On 21 September 1999 Division 152 was inserted into the Income Tax Assessment Act (1997) (ITAA 1997). It was subsequently subject to amendments in 2006. Division 152 contains the small business CGT concessions, which enables eligible small business taxpayers to reduce the amount of tax payable on capital gains arising from certain CGT events (including the sale of the small business itself) that occur after 11:45 am on 21 September 1999. One of the stated principal objectives of the legislation was to provide a concessionary regime for small business owners who did not have the same ability to access the concessionary superannuation regime (particularly the superannuation guarantee charge) generally available to employees. The then Federal Treasurer, Mr Peter Costello, when announcing the introduction of the concessions, specifically stated that the object of Div 152 was to provide “small business people with access to funds for retirement or expansion”. The purpose of this project is to: one, assess the extent to which small business taxpayers understand the CGT small business concessions, particularly when considering sale of their business; two, determine which of the four small business CGT concessions are being adopted and/or recommended by tax advisors to clients; and three, determine whether the recent superannuation changes announced by the Federal Government in relation to the capping of the concessional superannuation thresholds have had an impact on the use of the small business retirement concession. It is anticipated that the results of this study will reveal that that small business owners are reliant on their tax advisors to explain the operation of Division 152. It is plausible that give the complexity of the CGT concessions, most small business owners are completely unaware of the four small business CGT concessions contained in Division 152 and do not understand how these concessions apply. Our study will also reveal the extent to which each CGT small business concession has been adopted (and reasons why). In particular, emphasis will be placed on the adoption of the small business retirement concession contained in Subdivision 152-D (and specific reasons for its adoption). This study also seeks to understand whether the recent (and impending) changes to the concessional superannuation cap has resulted in the retirement concession being more widely adopted (or recommended) by tax advisors. We would expect that the results of our study to confirm this to be the case, particularly coupled with the recent economic downturn, which has led to lower superannuation fund balances. By providing accounting firms with this information, small business owners will benefit from the information, becoming better placed to be long-term self funded retirees, providing not only financial benefits to the individuals and the country, but a significant increase in social self-assurance by these members of the community.

Powering innovation through tax concessions: The changing research & development tax incentives

The changes to the R&D tax concession in 2011 were touted as the biggest reform to business innovation policy in over a decade. Three years later, as part of the 2014 Federal Budget, a reduction in the concession rates was announced. While the most recent of the pro-posed changes are designed to align with the reduction in company tax rate, the Australian Federal Government also indicated that the gain to revenue from the reduction in the incentive scheme will be redirected by the Government to repair the Budget and fund policy priori-ties. The consequence is that the R&D concessions, while designed to encourage innovation, are clearly linked with the tax system. As such, the first part of this article considers whether the R&D concession is a changing tax for changing times. Leading on from part one, this article also addresses a second question of ‘what’s tax got to do with it’? To answer this question, the article argues that, rather than ever being substantive tax reform, the constantly changing measures simply alter the criteria and means by which companies become eligible for a Federal Government subsidy for qualifying R&D activity, whatever that amount is. It further argues that when considered as part of the broader innovation agenda, all R&D tax concessions should be evaluated as a government spending program in the same way as any direct spending on innovation. When this is done, the tax regime is arguably merely the administrative policy instrument by which the subsidy is delivered. However, this may not be best practice to distribute those funds fairly, efficiently, and without distortion, while at the same time maintaining adequate government control and accountability. Finally, in answering the question of ‘what’s tax got to do with it?’ the article concludes that the answer is: very little.