867 resultados para Nexus of contracts


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Mode of access: Internet.

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Includes bibliographical references and index.

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This paper explores the convergences and divergence between transitional justice and peace-building, by considering some of the recent developments in scholarship and practice. We examine the notion of ‘peace’ in transitional justice and the idea of ‘justice’ in peacebuilding. We highlight that transitional justice and peacebuilding often engage with similar or related ideas, though the scholarship on in each field has developed, largely, in parallel to each other, and of-ten without any significant engagement between the fields of inquiry. We also note that both fields share other commonalities, insofar as they often neglect questions of capital (political, social, economic) and at times, gender. We suggest that trying to locate the nexus in the first place draws attention to where peace and justice have actually got to be produced in order for there not to be conflict and violence. This in turn demonstrates that locally, ‘peace’ and ‘justice’ do not always look like the ‘peace’ and ‘justice’ drawn up by international donors and peace-builders; and, despite the ‘turn to the local’ in international relations, it is surprising just how many local and everyday dynamics are (dis)missed as sources of peace and justice, or potential avenues of addressing the past.

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Tutkimuksen tarkoituksena on selvittää yliopistoissa toteutettujen sopimustutkimushankkeiden osapuolten väliset keskinäiset oikeudet ja velvollisuudet korkeakoulukeksintölain aikana. Tarkastelu tehdään pääosin yliopiston näkökulmasta ja apuna käytetään sopimusverkkoajattelua. Tutkimus on toteutettu tutkimuksen luonteen ja laajuuden vuoksi pääosin kirjallisuustutkimuksena. Korkeakoulukeksintölaki on selkeyttänyt yliopistotutkimukseen liittyvää oikeudellista tilaa tuodessaan yliopiston tutkimushenkilöstön ja muissa organisaatioissa työskentelevien tutkijoiden oikeudet ja velvollisuudet lähemmäksi toisiaan. Yliopistolla on haastava rooli sopimustutkimukseen liittyvän sopimusverkon keskiössä. Sen täytyy huolehtia, että tutkimushankkeissa mukana olevien tahojen kanssa tehdyt sopimukset eivät ole ristiriidassa keskenään ja että se pystyy täyttämään velvollisuutensa kaikkia sopimuskumppaneitaan kohtaan.

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Private-Public Partnerships (P.P.P.) is a new contractual model institutionalized in 2004 that could be used to remedy to the infrastructure deficit in Brazil. In a context of a principal and agent relation, the public partner goal is to give incentives to the private partner in the contract so that their interests are aligned. This qualitative research presents the findings of an empirical study examining the performance of incentive PPP contracts in Brazil in the highway sector. The goal is to explain how the contracting parties can align their interests in an environment of asymmetric information. Literature identified the factors that can influence PPP design and efficient incentive contracts. The study assesses the contribution of these factors in the building of PPP contracts by focusing on the case of the first and only PPP signed in the highway sector in Brazil which is the MG-050. The first step is to describe the condition of the highway network and the level of compliance of the private partner with the contract PPP MG-050. The second step is to explain the performance of the private partner and conclude if the interests of both partners were aligned in contractual aspects. On the basis of these findings and the analysis of the contract, the study formulates suggestions to improve the draft of PPP contracts from the perspective of the incentive theory of contracts.

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This paper explores the water-energy nexus of Spain and offers calculations for both the energy used in the water sector and the water required to run the energy sector. The article takes a prospective approach, offering evaluations of policy objectives for biofuels and expected renewable energy sources. Approximately 5.8% of total electricity demand in Spain is due to the water sector. Irrigated agriculture is one of the Spanish water sectors that show the largest growth in energy requirements. Searches for more efficient modes of farm water use, urban waste water treatment, and the use of desalinated water must henceforth include the energy component. Furthermore, biofuel production, to the levels targeted for 2020, would have an unbearable impact on the already stressed water resources in Spain. However, growing usage of renewable energy sources is not threatened by water scarcity, but legislative measures in water allocation and water markets will be required to meet the requirements of using these sources. Some of these measures, which are pushed by regional governments, are discussed in concluding sections.

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The purpose of the present study is to make a comparative evaluation of the legislative controls on unfairness in the context of B2B, B2C and small businesses contracts in England and Brazil. This work will focus on the examination of statutes and relevant case law which regulate exemption clauses and terms on the basis of their ‘unfairness’. The approach adopted by legislation and courts towards the above controls may vary according to the type of contract. Business contracts are more in line with the classical model of contract law according to which parties are presumably equals and able to negotiate terms. As a consequence interventions should be avoided for the sake of freedom of contract even if harmful terms were included. Such assumption of equality however is not applicable to small businesses contracts because SMEs are often in a disadvantageous position in relation to their larger counterparties. Consumer contracts in their turn are more closely regulated by the English and Brazilian legal systems which recognised that vulnerable parties are more exposed to unfair terms imposed by the stronger party as a result of the inequality of bargaining power. For this reason those jurisdictions adopted a more interventionist approach to provide special protection to consumers which is in line with the modern law of contract. The contribution of this work therefore consists of comparing how the law of England and Brazil tackles the problem of ‘unfairness’ in the above types of contracts. This study will examine the differences and similarities between rules and concepts of both jurisdictions with references to the law of their respective regional trade agreements (EU and the Mercosul). Moreover it will identify existing issues in the English and Brazilian legislation and recommend lessons that one system can learn from the other.