Nature et impacts juridiques de la certification dans le commerce électronique sur Internet

Le sujet sur lequel porte la présente étude est inspiré de la problématique à la base du développement du commerce électronique : la confiance. En effet, l’accroissement exponentiel du nombre d’internautes et des sites Web commerciaux pose un sérieux problème à ce niveau. Ces sites présentent au public une information et des services divers, mais peu vérifiables. Ainsi, le principal obstacle au développement du commerce électronique avec les particuliers est le manque de confiance qu’inspirent les lieux visités. En effet, comment savoir si l’entreprise existe, quelles sont ses politiques concernant la sécurité ou la gestion des renseignements personnels, etc. La vérification et la certification des sites apparaissent comme une solution de plus en plus attrayante et utilisée pour ajouter cet élément de confiance. Déjà, de nombreux sceaux de qualité sont apparus sur les sites commerciaux. Certains sceaux portent sur la confidentialité tandis que d’autres ciblent la protection des consommateurs. La certification peut provenir de la compagnie même, d’un tiers certificateur ou d’un organisme public. Ces éléments constituent des balises et repères importants pour le consommateur sur Internet. Toutefois, les incidences légales sont multiples et certains concepts demeurent flous. Pour apporter une réponse à ces questions, nous définirons le concept de certification des sites Web et ses enjeux dont plus particulièrement la problématique de la confiance des consommateurs. Les différents objets de la certification seront analysés, tant au niveau de l’entité, du contenu du site que de la dimension transactionnelle de celui-ci. Les processus possibles et les impacts de la certification occupent la seconde partie du travail. Il s’agit d’examiner successivement les étapes menant à la certification, soit l’établissement des standards, de l’évaluation de l’entité et de la certification elle-même. L’analyse des impacts de la certification, tant sur le plan de la portée, de la responsabilité légale et des effets sur la concurrence de la certification constitue quant à eux, l’aboutissement de la recherche, soit de savoir quel est l’impact juridique d’un tel mécanisme. Le but de la recherche est de permettre au lecteur de mieux cerner ce phénomène de l’utilisation de la certification sur Internet avec ses avantages et ses limites. Certes, cet outil peut s’avérer très utile pour bâtir la confiance des consommateurs, promouvoir l’essor du commerce électronique et constituer une forme d’autoréglementation. Toutefois, mal utilisé ou mal encadré, il peut engendrer l’effet inverse et détruire cette confiance si fragile à construire dans un environnement dématérialisé.

Why should Restrictive Clauses be applicable in Cases of Forced Selling of Limited Liability Company Shares?

In many European countries, one of the most complex and widely discussed issues addressed by legal systems with respect to forced selling of limited liability and public limited company shares is the impact of possible statutory restrictions on transfers . Thus, while some authors deny the applicability of such provisions (as a possible avenue for commission of creditor fraud) , others support their validity (on the basis of prevention of possible fraudulent actions affecting interests protected by restrictive causes). In my opinion, a solution must be found in which prosecution of creditor fraud co-exists with respect for the rights scheme. As a general rule, this solution would call for applicability of restrictive clauses to cases of forced selling, regardless of whether such statutory provisions are viewed in terms of order or alienation.

The role of the Hellenic food safety authority in Greece: implementation strategies

During the last 15 years, a series of food scares and crises (BSE, dioxin. foot and mouth disease) have seriously under-mined public confidence in food producers and operators and their capacity to produce safe food. As a result, food safety has become a top priority of the European legislative authorities and systems of national food control have been tightened up and have included the establishment of the European Food Safety Authority. In Greece a law creating the Hellenic Food Safety Authority has been approved. The main objectives of this Authority are to promote the food security to consumers and inform them of any changes or any development in the food and health sector. The paper reviews the general structure of the current food control system in Greece. It describes the structure and the mission of the Hellenic Food Safety Authority and explains the strategy to carry out inspections and the analysis of the preliminary results of such inspections. Details are also given of the personnel training and certification and accreditation standards to be met by the Authority by the end of 2004. (c) 2005 Elsevier Ltd. All rights reserved.

Whose land was it anyway? The Crichel Down Rules and the sale of public land

The guiding principle of compulsory purchase of interests in land in England and Wales is that of fairness, best stated in the words of Lord Justice Scott in Horn v Sunderland Corporation when he said that the owner has “the right to be put, so far as money can do it, in the same position as if his land had not been taken from him”. In many instances, land acquired by compulsion subsequently becomes surplus to the requirements of the acquiring authority. This may be because the intended development scheme was scrapped, or substantially modified, or that after the passage of time the use of the land for which the purchase took place is no longer required. More controversially it may be that for ‘operational reasons’ the acquiring authority knowingly purchased more land than was required for the scheme. Under these circumstances, the Crichel Down Rules (‘the Rules’) require government departments and other statutory bodies to offer back to the former owners or their successors, any land previously so acquired by, or under the threat of, compulsory purchase.

Ideological dominance in recreation provision: towards a theory of Local Authority response to Compulsory Competitive Tendering in Britain

This paper considers how the delivery of public leisure services in Britain has been affected by the imposition of Compulsory Competitive Tendering (CCT) on the management of facilities. In particular, it focuses on the changing relationship between the central and local levels of government, theorising a tripartite local response to CCT, incorporating local statism, post-Fordist rejection of CCT and post- Fordist compliance with the aims of the central administration. The paper then discusses the actual implementation of CCT, relating the theorised responses to those witnessed in practice. This results in the delineation of a continuum of stances, ranging from pragmatic forms of local statism, such as the protection of the former direct labour force, to centrist attempts to combine the ethics of socialism with the mechanics of the market, to an outright rejection of state organisation and control. The paper concludes that although legitimate attempts have been made to protect local services, the outcome of the CCT process has undoubtedly been the regeneration of public leisure provision away from its service roots towards a market model of provision.

Relationship between classroom authority and epistemological beliefs as espoused by primary school mathematics teachers from the very high and very low socio-economic regions in Thailand

This article presents findings of a larger single-country comparative study which set out to better understand primary school teachers’ mathematics education-related beliefs in Thailand. By combining the interview and observation data collected in the initial stage of this study with data gathered from the relevant literature, the 8-belief / 22-item ‘Thai Teachers’ Mathematics Education-related Beliefs’ (TTMEB) Scale was developed. The results of the Mann-Whitney U Test showed that Thai teachers in the two examined socio-economic regions espouse statistically different beliefs concerning the source and stability of mathematical knowledge, as well as classroom authority. Further, these three beliefs are found to be significantly and positively correlated.

The medieval papacy and holy war: General crusading letters and papal authority, 1145-1213

Chapter in an edited collection on the twelfth-century papacy and its authorisation of crusades to the Near East.

Political culture and corporate homicide liability in the UK and Europe

This chapter outlines recent developments in the emergence within Europe of systems of criminal law designed to hold corporate bodies liable where they cause the deaths of workers or members of the public. These changes point to the emergence of a new, more punitive, legal culture in relation to corporate crime. At the same time, however, there is evidence to suggest that this punitive culture is not uniform; different national jurisdictions reflect it to differing degrees. The chapter explores the degree to which the UK’s willingness to criminalise work-related deaths is mirrored elsewhere in Europe, and identifies some factors that might account for variations in this regard. In particular, attention is paid to the influence that social and political culture have on practices in this area. It is written as part of a research handbook on corporate crime in Europe, so has an eye on a more generalist audience in some regards.

The sexual constitution of political authority: the 'trials' of same sex desire

The Sexual Constitution of Political Authority argues that there are good reasons to suppose that our understandings of state power quiver with erotic undercurrents. Through a series of case studies where a statesman's same sex desire was put on trial (either literally or metaphorically) as a problem for the good exercise of public powers, the book shows the resilience and adaptability of cultural beliefs in the incompatibility between public office and male same-sex desire.

Financial integration and public financial institutions

This article highlights the problems associated with the existence of financiai institutions owned by a State which is a member of a federation. We show that these financiai institutions allow the States to transfer deficits to the federal government. This possibility creates incentives to higher deficits at State and federal leveis, implying an inefficiently high inflation rate. The main policy implication is that stabilization policies are more difficult to be implemented in countries such as Brazil, and Argentina which allow the members of the federation to own financiai institutions. A second policy implication is that Economic Blocks such as the European Community or Mercosur should not allow regional central banks if they create a monetary authority to help the members in financiai difficulty.

Towards a new paradigm for urban public transport: the transmilenio case

The process of urbanization in Latin America presents new challenges for urban transport systems insofar as one of the priorities is to provide proper mobility for the increasing and complex interaction of communities.This edition of the Bulletin, prepared by Irma Chaparro, presents a summary of the recent study entitled Evaluación del impacto socio-económico del transporte urbano en la ciudad de Bogotá. El caso del sistema masivo de transporte, Transmilenio, LC/L 1786-P, October 2002, which considers the socioeconomic impact of the Transmilenio system in Bogotá. This system is part of an integrated transport strategy promoted by the District Authority over the period 1998-2001 and is an avant-garde solution to the difficult problem of transport in the city.

PUBLIC POLICY EDUCATION: AN IMPORTANT WILDLIFE MANAGEMENT OPPORTUNITY

Suburban wildlife management issues are generating heated debate between citizen organizations, elected public officials, and state wildlife management agencies. Decisions are being made by town and county officials which directly impact or supersede state authority for managing resident wildlife. As an example, I will focus this discussion on the white-tailed deer (Odocoileus virginianus), management controversy at Durand Eastman Park, in the greater Rochester metropolitan area, New York.

Public Monuments and the Development of Siamese Nationalism, 1908-1945

A careful study of Siam's public monuments is the key to understanding the development of the Siamese nation in its formative period, from 1908 to 1945. As Siam's elites attempted to modernize the state in order to compete with the more developed powers of the West, they recognized that nationalism could potentially be used as a force to increase popular unity, consolidate modernization programs, legitimize their own authority, and protect the country from foreign conquest. The problem they faced, however, was how best to communicate nationalism to the people. Different factions throughout this era had their own idea of what it meant to be Siamese, and all of them wanted to control the national image. But literacy in Siam was extremely low, and art too expensive for most individuals to possess. Public political monuments, the focus of this thesis, therefore became the primary means of manifesting and propagating the underlying tenets of the new Siamese nation. Public monuments express the changing imaginings of the Siamese nation in this period of enormous transformations and turbulence, through the motives behind their commissioning, the political messages they convey, and popular reactions to the monuments. Three primary strains of Siamese nationalism emerged during this period: royalist nationalism, republican nationalism, and military nationalism. These three imaginings of the nation continually developed and interacted with each other, but each was particularly dominant at a given time in Siamese history. Monuments of the royalist period (1908-1925) embody the desire of Siam's kings to not only promote national pride amongst the Siamese people, but also advocate an image of nation and king as one. Monuments of the republican period (1925-1939) express the changing and sometimes contradictory events of their times, as they demonstrate new national values based on the sovereignty of the people, the value of the constitution, and the growing power of the military. And monuments of the military period (1939-1945) espouse an assertive and militaristic national image of warfare, patriotism, authority, and vigor. This thesis explores the nationalistic themes expressed in these monuments, and how these themes played out in the course of Siam's wider history.

INTERNAL AUDIT AND GROWTH OF PUBLIC INSTITUTIONS

The ONATRACOM was established by the law number 08/2007 of 03/02/2007 determining the responsibilities, organization and functioning of Rwanda Public Transport Authority with function of promoting public transportation between Rwanda and other countries; participating in the implementation of the public transportation policy of Ministry in charge of transportation; perform any other activity that is directly or indirectly related to its objectives; and establish relations and collaborate with other regional and international agencies with similar attributions. In the recent days many public institutions have been listed by general auditor for being mismanaged and are on the course of deficit. This study aimed at examining internal audit growth of public institutions, case study of ONATRACOM – Rwanda. This research was conducted as a case study using ONATRACOM in NYARUGENGE District. The study was built at four specific objectives which are to determine if internal audit lead to the business growth of ONATRACOM, to find out if achieving internal audit increases the net profit and sales of ONATRACOM, to explore if there is internal sources of funds for pursuing growth opportunities in ONATRACOM, to assess whether ONATRACOM is able to obtain external sources of funds for pursuing growth opportunities as a result of internal audit impact or not. The findings were got from 27 respondents as the sample from the total target population of 96. Questionnaire was used as the technique to obtain primary data, while secondary data were obtained through examining the existing literature about the study. Chapter four presents the finding in form of descriptive statistical tables starting with the profile of the respondent and findings in line with the research objectives, It was found out that ONATRACOM was failure in its services because it was not achieve its targeted objectives and in this company, the internal audit was not effective in order to make performance of that company.