Awarding damages or demanding performance? a performance-oriented approach for international investment law

This paper examines two different approaches to judicial protection of entitlements in international economic law. One of them, ‘performance-oriented’, is applied by WTO adjudicators. Performance-oriented remedies focus on inducing wrongdoers to resume compliance with the underlying substantive rules. The other, ‘reparation-oriented’, is applied overwhelmingly in international investment law. Reparation-oriented remedies aim at offsetting the injury caused to private parties by the wrongful conduct. This paper discusses the utility of performance-oriented remedies within WTO law, and assesses the possibilities for otherwise reparation-oriented investment tribunals to have recourse to these remedies. It examines a number of decisions that, it is argued, favor performance over pecuniary compensation. From the viewpoint of the state found in breach, compensation then appears as a threatened sanction for non-compliance with the performance obligations determined.

Franchisor-franchisee relationship and performance: influence of personality traits, entrepreneurial drive, and time of relationship

A literatura em franchising tem virtualmente ignorado o papel de aspectos psicologicos nos resultados interorganizacionais das empresas, a despeito de sua influencia nos resultados das organizações e da qualidade de relacionamento. Este estudo, portanto, tem por objetivo analisar a influência da personalidade e do potencial empreendedor na qualidade de relacionamento e desempenho financeiro na relação franqueador-franqueado, ao longo do tempo, sob a perspectiva dos franqueados. Este estudo analisa também o papel do tempo de relacionamento sobre a qualidade de relacionamento e o desempenho financeiro. Foi utilizado neste estudo um questionário de auto-preenchimento, enviado por e-mail, com o objetivo de recolher dados de uma amostra de 342 franqueados de 3 redes de franquias. A personalidade foi mensurada por meio dos “Cinco Grandes” traços de personalidade (escalas IPIP-B5): extroversão, agradabilidade, consciencia, estabilidade emocional e imaginação. O potencial empreendedor foi mensurado por meio do índice CEI (Carland Entrepreneurship Index). A qualidade do relacionamento foi estruturada como um constructo de segunda ordem, composto por 23 itens (incorporando confiança, comprometimento e satisfação com o relacionamento), e o desempenho financeiro foi representado por meio de uma escala de mensuração de crescimento de vendas e de rentabilidade. O tempo de relacionamento foi medido por meio dos meses de relacionamento entre franqueado e franqueador. As hipoteses foram testadas por meio de modelagem por equações estruturais, com a utilização do método de mínimos quadrados parciais (PLS), análise de regressão e análise de médias. Três das cinco dimensões da personalidade apresentaram o efeito previsto sobre as variáveis qualidade do relacionamento – agradabilidade (positivamente), estabilidade emocional (positivamente), e imaginação (positivamente). O desempenho financeiro foi influenciado, como previsto por consciência (positivamente), estabilidade emocional (positivamente), e imaginação (positivamente). Como esperado, a qualidade do relacionamento apresentou efeito positivo e significativo em relação ao desempenho financeiro. O potencial empreendedor apresentou o efeito positivo previsto apenas sobre desempenho. O tempo de relacionamento teve o efeito positivo esperado sobre o relacionamento franqueador-franqueado, em relação à qualidade do relacionamento e o desempenho financeiro, mas as diferenças entre as fases de relacionamento propostas foram apenas parcialmente confirmadas, uma vez que em somente duas fases (rotina e estabilização) a análise de médias mostrou diferenças significativas. Os resultados indicam que a personalidade influencia a qualidade de relacionamento e o desempenho, mas a meneira pela qual isso ocorre é diferente no contexto brasileiro, onde esta pesquisa foi realizada, dos achados da pesquisa conduzida na Austrália, sugerindo que fatores como cultura e estabilidade de mercado podem ter influencia sobre a relação entre traços de personalidade e qualidade de relacionamento, e traços de personalidade e desempenho financeiro. O potencial empreendedor parece influenciar positivamente o desempenho do franqueado, mas a sua influência não foi significativa em relação à qualidade do relacionamento. Os resultados também indicam a importância do tempo no desenvolvimento da qualidade de relacionamento e desempenho. Além disso, os relacionamentos de longo prazo estão relacionados a melhores avaliações de qualidade de relacionamento e desempenho financeiros por parte dos franqueados. As limitações do trabalho e sugestões para estudos futuros também são discutidos.

Does absorptive capacity affect project performance? A study based on project management practices, organization learning, and knowledge

The literature has emphasized that absorptive capacity (AC) leads to performance, but in projects its influences still unclear. Additionally, the project success is not well understood by the literature, and AC can be an important mechanism to explain it. Therefore, the purpose of this study is to investigate the effect of absorptive capacity on project performance in the construction industry of São Paulo State. We study this influence through potential and realized absorptive capacity proposed by Zahra and George (2002). For achieving this goal, we use a combination of qualitative and quantitative research. The qualitative research is based on 15 interviews with project managers in different sectors to understand the main constructs and support the next quantitative phase. The content analysis was the technique used to analyze those interviews. In quantitative phase through a survey questionnaire, we collected 157 responses in the construction sector with project managers. The confirmatory factor analysis and hierarchical linear regression were the techniques used to assess the data. Our findings suggest that the realized absorptive capacity has a positive influence on performance, but potential absorptive capacity and the interactions effect have no influence on performance. Moreover, the planning and monitoring have a positive impact on budget and schedule, and customer satisfaction while risk coping capacity has a positive impact on business success. In academics terms, this research enables a better understanding of the importance of absorptive capacity in the construction industry and it confirms that knowledge application in processes and routines enhances performance. For management, the absorptive capacity enables the improvements of internal capabilities reflected in the increased project management efficiency. Indeed, when a company manages project practices efficiently it enhances business and project performance; however, it needs initially to improve its internal abilities to enrich processes and routines through relevant knowledge.

Management research: o periódico da Iberoamerican Academy of Management

Rita Cunha é professora da Universidade Nova de Lisboa, Portugal. Seu interesse de pesquisa é o estudo dos impactos da gestão dos recursos humanos na performance organizacional. Ela esteve no Brasil em dezembro de 2013 para participar do 8th Iberoamerican Academy Conference. Nesta entrevista, Rita fala sobre o periódico management research.

Circuito regional de performance BodeArte: encontros, coletividade e porítica na performance do Rio Grande do Norte

This dissertation aims to look into the structure of the event Circuito Regional de Performance BodeArte1 to think how it collaborate with its proposal providing theoretical points to relevant questions to the comprehension of Brazilian performance art in contemporaneity, since its conceptual format until its occurrence and practical limitations. From this proposition the dissertation is organized into three chapters guided for the following aspects: the resumption of the events encompassed on the occurrence of Circuit BodeArte as well as a tabulation of the data reunited in its history, the presentation of its conceptual choices, and the metaphors conducted by the use of the term performance and how they can lead us to the idea of a performance-as-BodeArte. The methodological structures moved for this organization are qualitative, and have been formed from printed materials, texts, festival programs, blog, videos, photos, interviews, lectures and forums, plus our own memory as a producer and performer of the event, looking through these set points of the epistemological organization contained on the proposal of the Circuito, expanding and discussing them. This way this research moves between the propositions of this event in its three editions, promoting discussions that dialogue with concepts such as the emergence of Steve Johnson (2004), the metaphors of thought proposed by Christine Greiner (2005), the idea of performance hacker of Maria Beatriz de Medeiros (AQUINO, et al., 2012), as well as other propositions presented by Jan Swidzinski (2005) and Eleonora Fabião (2012)

Correlations among behavior, performance and environment in broiler breeders using multivariate analysis

Fundação de Amparo à Pesquisa do Estado de São Paulo (FAPESP)

Performance and ruminal morphologic characteristics of Saanen kids fed ground, pelleted or extruded total ration

The aim of the present study was to determine feed intake and average weight gain and to evaluate the ruminal morphologic characteristics of Saanen kids slaughtered at 30, 45 and 60 days of age, according to a completely randomized design. Thirty-six non-castrated male Saanen kids were fed ground total ration, pelleted total ration, or extruded total ration. Feed intake and refusals were controlled daily and the animals were weighed at birth and then once a week. Newborn kids received a milk replacer and were weaned at 45 days. Immediately after slaughter, the animals were eviscerated, the entire digestive apparatus was removed from the carcass. The reticulo-rumen was separated, emptied, washed and weighed. Samples were collected from the dorsal sac, pillar area and ventral sac of the rumen, fixed for about 24h in Bouin's solution, dehydrated, embedded in Histosec and cut into 5 mu m sections. Results showed that dry matter intake (DMI) at weaning and post-weaning and weight gain were higher (P < 0.05) in animals that received the pelleted total ration. The weight of the reticulo-rumen accompanied body development and was heavier in these animals. Histologically, after weaning ruminal papillae were more developed in animals that received pelleted total ration. Length of papillae increased with increase of age. The ratio of papillary height to papillary width increased with age in the ventral sac and until weaning (P > 0.05). We conclude that the pelleting process of the total ration favored increased intake, with a 46.7% increase in weight gain and increase in rumen weight and papillae length, suggesting that best results are obtained with this processing. In general, no difference was observed between the results obtained with extruded and ground total ration, although animals fed extruded total ration showed an increase in rumen weight and papillae width. (c) 2004 Elsevier B.V All rights reserved.

Growth performance and energetic metabolism of pacu, Piaractus mesopotamicus (Holmberg, 1887), fed diets supplemented with ammonium metavanadate

Vanadium compounds mimic most of the metabolic effects of insulin, suggesting that it might be useful to improve utilization of dietary carbohydrate. This work evaluated the effect of dietary ammonium metavanadate (H(4)NO(3)V) on the growth performance and energy metabolism of pacu, an omnivorous South America characin. Two hundred and eighty-eight fish were distributed into four blocks according to the body weight (21.8 +/- 1.7, 28.5 +/- 2.0, 28.4 +/- 1.9, 35.7 +/- 1.9 g), stocked in 24 plastic tanks and fed twice daily with isonitrogenous and isoenergetic diets containing six levels of H(4)NO(3)V (0, 10, 50, 100, 300 and 1000 mg kg(-1)) for 60 days. Increasing levels of dietary ammonium metavanadate did not improve growth (P > 0.05), and the highest level of inclusion (1000 mg kg(-1)) reduced performance (P < 0.05). Blood glucose levels decreased (P < 0.05) in fish fed 300 and 1000 mg kg(-1) H(4)NO(3)V, but no differences were observed in other blood metabolites. A slight increase in muscle lipid content was observed in fish fed a diet containing 300 mg kg(-1) H(4)NO(3)V. Based on the results of this study, there is no benefit in supplementing pacu diets with metavanadate.

Performance and intestinal mucosa development of broiler chickens fed diets containing Saccharomyces cerevisiae cell wall

Use of antibiotics as an additive in poultry diets to improve growth has been discussed in relation to bacterial resistance and the development of new products and management practices. This study was carried out to test the efficacy of a new substance (Saccharomyces cereviside cell walls, var. Calsberg- SCCW) obtained from the brewery industry, added (at 0.1 and 0.2%) to broiler chicken diets (based on corn and soybean meal), on performance and intestinal mucosa development. In Experiment 1 (carried out in litter-floor pens) the results revealed higher body weight gain,for the total experimental period and higher villus height at 7 d of age for the birds fed 0.2%,SCCW. In a field test using 44,000 broilers that,received feed containing 0.2% SCCW,. The results also showed higher body weight gain and better feed conversion for SCCW-supplemented birds. The present findings show that SCCW improved body weight gain in broiler chickens and that this effect can be attributed to the trophic effect of this product on the intestinal mucosa, because it increases villus height, particularly during the first 7. d of a chicken's life.

Influence of different fat sources on the performance, egg quality, and lipid profile of egg yolks of commercial layers in the second laying cycle

This study was designed to evaluate the effects of different fat sources on the performance, egg quality, and lipid profile of the egg yolks of layers in their second production cycle. The fat sources were cottonseed oil, soybean oil, lard, sunflower oil, or canola oil. Experimental diets were fed to postmolt ISA Brown layers at 70 wk of age and the experimental period was 74 to 86 wk of age. The different fat sources did not influence performance or eggshell quality, but lipid profile of the egg yolk changed as a function of dietary fat sources. In general, the best changes, such as lower level of saturated fatty acids, higher levels of alpha-linolenic acid and DHA, and lower linoleic acid levels, were promoted by the addition of canola oil, but it did not promote enrichment of the eggs with polyunsaturated fatty acids.

Effects of energy and protein levels on egg quality and performance of laying hens at early second production cycle

One hundred sixty-two commercial 70-wk-old ISA Brown laying hens, previously subjected to induced molting by feed restriction, were distributed in a completely randomized design with 3 x 3 factorial arrangement (i.e., 3 metabolizable energy levels: 2,850; 2,950, and 3,050 kcal of ME/kg) and 3 protein levels (16, 18, and 20% CP), which totaled 9 treatments with 3 replicates of 6 birds each. Experimental diets were offered to birds after the feed restriction period. Performance and egg quality parameters were evaluated in 14-d intervals from the 4th to 12th weeks after forced molting for a total of 4 evaluation periods. Increases in dietary energy and protein levels did not improve performance or egg quality. The levels of 2,850 kcal of ME and 16% protein were sufficient for laying hens starting the second production cycle without decreasing their performance or egg quality.

Effect of supplementation of diets for quails with vitamins A, D and E on performance of the birds and quality and enrichment of eggs

Fundação de Amparo à Pesquisa do Estado de São Paulo (FAPESP)

Performance comparativa entre R290/R600a (50:50) e R134a para drop-in em refrigerador doméstico

This research this based on the seminar on Use of Natural Fluids in Refrigeration and Air-Conditioning Systems conducted in 2007 in Sao Paulo. The event was inserted in the National Plan for Elimination of CFCs, coordinated by the Ministry of Environment and implemented by the United Nations Development Programme (UNDP). The objective of this research is analyze the performance of the hydrocarbons application as zeotropic mixtures in domestic refrigerator and validate the application of technical standards for pull down and cycling (on-off) tests to the mixture R290/R600a (50:50) in domestic refrigerator. It was first developed an computational analysis of R290/R600a (50:50) compared to R134a and other mass fractions of the hydrocarbons mixtures in the standard ASHRAE refrigeration cycle in order to compare the operational characteristics and thermodynamic properties of fluids based on the software REFPROP 6.0. The characteristics of the Lorenz cycle is presented as an application directed to zeotropic mixtures. Standardized pull down and cycling (on-off) tests were conducted to evaluate the performance of the hydrocarbons mixture R290/R600a (50:50) as a drop-in alternative to R134a in domestic refrigerator of 219 L. The results showed that the use of R290/R600a (50:50) with a charge of refrigerant reduced at 53% compared to R134a presents reduced energy performance than R134a. The COP obtained with hydrocarbon mixture was about 13% lower compared to R134a. Pull down times in the refrigerator compartments for fluids analyzed were quite close, having been found a 4,7% reduction in pull down time for the R290/R600a compared to R134a, in the freezer compartment. The data indicated a higher consumption of electric current from the refrigerator when operating with the R290/R600a. The values were higher than about 3% compared to R134a. The charge of 40 g of R290/R600a proved very low for the equipment analyzed

Evaluation of the Cartographic Communication Performance of a Route Guidance and Navigation System

This study evaluates the influence of different cartographic representations of in-car navigation systems on visual demand, subjective preference, and navigational error. It takes into account the type and complexity of the representation, maneuvering complexity, road layout, and driver gender. A group of 28 drivers (14 male and 14 female) participated in this experiment which was performed in a low-cost driving simulator. The tests were performed on a limited number of instances for each type of representation, and their purpose was to carry out a preliminary assessment and provide future avenues for further studies. Data collected for the visual demand study were analyzed using non-parametric statistical analyses. Results confirmed previous research that showed that different levels of design complexity significantly influence visual demand. Non-grid-like road networks, for example, influence significantly visual demand and navigational error. An analysis of simple maneuvers on a grid-like road network showed that static and blinking arrows did not present significant differences. From the set of representations analyzed to assess visual demand, both arrows were equally efficient. From a gender perspective, women seem to took at the display more than men, but this factor was not significant. With respect to subjective preferences, drivers prefer representations with mimetic landmarks when they perform straight-ahead tasks. For maneuvering tasks, landmarks in a perspective model created higher visual demands.

Resistência e performance na arte de João Cota

Researching about the art of tell and the tales told by João Cota is somehow revisiting the oral tradition and social practice in the story-telling art. It takes into consideration the resistance this art still exerts, mainly by using the performance of oral transmission and receptiveness to tales. The study of this practice contributes to the vivacious and dynamcis permanence of this authentic and traditional storyteller of his repertory and of his form to tellin our culture. Story-telling is part of the humankind living heritage communicated by means of popular wisdom. Despite the risk of vanishing into thin air, along with their narrators, the tales still manage to resist the contemporary mass culture model. How long further will stories like the ones narrated by João Cota be able to resist to strong and stronger structures dictated by writing and other communication means? João Cota s practice in story-telling will be studied not only as a proposal to identify the presence of this practice and the oral cultural resistance but also, through the performance prospective, to identify the oral transmission and receptiveness to the tales that are part of this storyteller s repertoire. In other words: what he tells, how he tells it, and why he tells it. The advent of new technologies such as internet, through which people can easily communicate with others in different parts of the world, and the greater and greater expansion in the writing skill concept interfere the maintenance of the oral tradition elements present in João Cota s narratives and inserted in the Brazilian culture. This has become more visible in the latest decades although we still notice the living tradition and permanence of the story-telling practice in several parts of the country through their wise storytellers. Our research target will require - in each of its study stages reference to works by several theoreticians namely Paul Zumthor, Mikhail Bakhtin, Câmara Cascudo, theoreticians from the receptiveness aesthetic, from the written culture history, from oral cultures and reading practices, from tradition and the Brazilian Culture of oral story-telling. In order to get to know and draw a profile of this storyteller, we ve chosen to use the comprehensive interview method by French Sociologist Jean Claude Kaufmann. The originality in the method consists of the qualitative data put together in situ , concentrated on the storyteller s narratives/speeches recorded on tape, which will be the focal point of this study. Our analysis method is based on tireless sessions of listening to interviews out of which we gathered information related to the storyteller, his practice in telling the tales, and his repertoire