International commercial law : principles and practices

International Commercial Law: Principles and practices considers the multifaceted nature of international commercial law and explains the rules, principles, policies and practices that comprise this area of law and the wide-ranging influences that shape it

The book provides an extensive analysis of the wider policy, moral, economic and political considerations underpinning international commercial law.
- It analyses and evaluates existing standards and practices, and suggests proposals for reform.
- It encourages readers to make informed judgments regarding the interpretation of relevant legal standards and to make predictions about how the law is likely to develop.

The implementation of OECD corporate governance principles in post-crisis Asia

The recent OECD Principles on Corporate Governance provide a framework for the convergence of global corporate governance practice. This paper considers the implementation of these global ‘best-practice’ standards of governance as part of the continuing post-economic-crisis reform throughout Asia. These initiatives have explicitly acknowledged that no single model of governance can exist, and instead have focused on those elements apparently common and, therefore, applicable to all countries. Notwithstanding the existence of these elements, this paper investigates the difficulties involved when attempting to implement general rules across countries at different stages of economic and legal development. While implementation will be hindered by obvious cultural disparities, long-term change in practice requires a cultural shift in the philosophical and financial bases of the firm.

Overcoming principles: dialogue in business ethics

Basing itself upon a virtue-ethics approach, this paper questions the value of syllogistic or deductive approaches to teaching business ethics and to the modelling of the kinds of judgments that executives are asked to make in situations of moral complexity. It urges that the teaching of ethical theories, of ethical principles, and of logical methods of moral thinking, and the use of hypothetical or historical scenarios, be augmented by the method of `Real Case Dialogue' which more nearly models the eal and intense existential realities of ethical decision making. A brief description of such a dialogue is offered so aslo provide an example.

Training young people through a school/enterprise partnership: a longitudinal study

This paper reports a longitudinal study of 58 students who undertook an engineering traineeship concurrent with their final two years of secondary school. The student experience was planned as a partnership arrangement between a manufacturing enterprise, a secondary school, and a post-secondary technical education institution. Results are discussed in terms of completion of studies, employment and career pathways, employment outcomes, and post-traineeship employment destinations. Both the quantitative and qualitative data indicate that participants have benefited significantly in each area investigated. The significance of the program in developing propositional, procedural, and dispositional workplace knowledge is also discussed.

A partnership model of corporate ethics

The stock market crash of 1987 had a profound effect on corporate Australia and the Australian community in general. The fall-out revealed that some of our most respected business figures had not been as ethical, or even as lawful, as we would have hoped. This impropriety produced in Australia an awakening to business ethics. Whilst many companies endeavoured to introduce ethical practices into their corporations, they perceived ethics as a way of minimising damage to the corporation and in some cases as a means of competitive advantage. What was lost was the reason that one should embark on business ethics; and that is to make the society and corporate Australia a more ethical place in which to exist.This paper proposes a model based on 2 factors: commitment and partnerships, as a means of enabling corporate Australia to refocus attention on the main purpose of being inherently ethical in all that we do. This ethical model requires a commitment to partnerships with all stakeholders both internal and external in an attempt to enhance the level of ethical business practices that are contemplated and pursued within corporate Australia. Whilst the research agenda and the information collected is Australian-based, it is hoped that the ideas contained within this paper will have a wider appeal to corporations in similar cultural settings.

Australian tort law reform: statutory principles of causation and the common law

By mid-2004, Parliaments in each Australian jurisdiction will either complete or will be in the process of partial codification of the law of torts. The reforms, including those to the law of negligence, are extensive. This article focuses on codification of the law of causation as an element of the cause of action in negligence. It examines the background to "tort reform", as the process has been labelled, and discusses the common law paradigm of negligence and various approaches to causation. It then analyses and compares the causation provisions in each jurisdiction.

An IT Bachelor degree using modern technologies to illustrate core concepts and principles and building generic skills

Information Technology (IT) changes very quickly and influences business, industry and the public in an enormous manner. Outsourcing of IT jobs to cheaper overseas labor and globalization of IT companies become a common practice. Graduates of IT university courses must be well prepared to address the needs and expectations of business, industry and every day life. Many factors in an Information Technology curriculum influence graduates’ professional preparation and image. The most important of them is to reflect technology change, the current state of knowledge of computing, business and industry demands and students’ expectations. The aim of our project was to develop a new Bachelor of IT curriculum that satisfies these requirements. In this report we concentrate our attention on two critical aspects of IT curriculum content, the modern technologies to be used to illustrate basic concepts and principles of computing, and the generic skills that each graduate is expected to acquire to get a job in Australia.

Principles of High Quality Documentation for Provenance: A Philosophical Discussion

Computer technology enables the creation of detailed documentation about the processes that create or affect entities (data, objects, etc.). Such documentation of the past can be used to answer various kinds of questions regarding the processes that led to the creation or modification of a particular entity. The answer to such questions is known as an entity's provenance. In this paper, we derive a number of principles for documenting the past, grounded in work from philosophy and history, which allow for provenance questions to be answered within a computational context. These principles lead us to argue that an interaction-based model is particularly suited for representing high quality documentation of the past.

Principles of Personalisation of Service Discovery

We define personalisation as the set of capabilities that enables a user or an organisation to customise their working environment to suit their specific needs, preferences and circumstances. In the context of service discovery on the Grid, the demand for personalisation comes from individual users, who want their preferences to be taken into account during the search and selection of suitable services. These preferences can express, for example, the reliability of a service, quality of results, functionality, and so on. In this paper, we identify the problems related to personalising service discovery and present our solution: a personalised service registry or View. We describe scenarios in which personsalised service discovery would be useful and describe how our technology achieves them.

Establishing best-practice principles for the teaching of group design projects

As student-to-staff ratios escalate, increasing numbers of undergraduate architects are finding the reduction of ‘one-to-one’ studio supervision an impediment to learning. Group design projects are becoming a widespread solution to this problem. However, little analysis has been undertaken as to their effectiveness both in terms of student assessment and as a design teaching methodology.
The two hundred years of apprentice/master tradition that underpins the atelier studio system is still at the core of much present day architectural design education. Yet this tradition today poses uncertainties for a large number of co-ordinating lecturers faced with current changes in the nature of tertiary education and its funding structure. In particular, with reductions in staff/student contact time, in sessional funding sources and in the relative weighting of design-based subjects with respect to other subject areas, many design teachers are finding it increasingly difficult to maintain an atelier system that has shaped both their learning and, more pointedly, their teaching. If these deficiencies remain unchecked and design-based schools are unable to implement strategies that successfully overcome the resource intensive one-to-one teaching program, then architecture may prove to be an untenable course structure for many institutions.
Rather then spreading their time thinly, many co-ordinating lecturers are setting group projects in order to review less assignments but at greater depth. However, while this learning model better reflects design teams in practice, this approach may pose other pedagogical and assessment questions. What is clear is the urgent need for structured research into the teaching and assessment problems experienced by design teachers, and for a readily adoptable pedagogy for group design projects. At Deakin University, research is underway aimed at establishing best-practice principles for group design projects by analysing students’ performance and recording and implementing their feedback to adjustments made to the pedagogical fundamentals of assessment, group configuration, and program structure. There are after two years of preliminary studies already clear indications of what changes can be made to these to encourage more effective team learning. This paper will present the findings of these studies.