Motor Accident Insurance Act 1994 s45 - whether obligation to co-operate may authorise order requiring commencement of proceedings by minor prior to expiration of limitation period

In Australian Associated Motor Insurers Ltd v McPaul; Council of the City of Gold Coast v McPaul [2005] QSC 278 the applicant insurer sought an order requiring a claimant who had been injured in a motor vehicle accident some years earlier when he was five years old to commence a proceeding to determine the question of the applicant's liability to him. The applicant's interest in seeking the order was to avoid the prejudice which could follow from further delay, particularly delay until the respondent became obliged to commence proceedings to avoid a limitations bar.

Social licence to operate and the coal seam gas industry : lessons from social issues in established mining operations?

The recent growth of the coal seam gas industry has increased pressure on regional communities. Debate surrounding the industry is intense and a social licence to operate has yet to be granted to the industry in its entirety. This article presents an analysis of social issues surrounding the coal seam gas industry, making comparisons between two case studies: the Ranger and Jabiluka mines and the Yandicoogina mine. It presents the results of a desktop study, focussed on three topics: community identity; procedural justice and distributive justice, which provides a means for comparison and draws attention to central concerns. It is found that: power imbalances; changing community identities; potentially inequitable distributions of long term benefits and the process to distribute those benefits and negative perceptions of the industry as a whole serve to undermine the provision of a social licence to operate by communities and has the potential to impose significant negative impacts on companies within the industry.

A social licence to operate: Corporate social responsibility, local communities and the constitution of global production networks

This article contributes to the theorization of the role of informal regulation (undertaken by leading firms) in the ongoing organization of global production networks. It does so through a qualitative case study of BHP Billiton's Ravensthorpe Nickel Operation (RNO) in the rural Shire of Ravensthorpe in Western Australia. This less tangible, and to date under-researched, dimension of global production networks is foregrounded through a focus on the corporate social responsibility strategy implemented by RNO in the service of achieving and/or demonstrating a broader ‘social licence to operate’. This ‘licence’ functions – beyond the corporation – as a legitimated and legitimating multi-scalar mechanism through which to gain and maintain access to mineral resources and thus to establish viable and ongoing global production networks. Further, this informal regulation is shown to shape social relations and qualities of place conducive to competitive global mineral extraction and to facilitate the positioning of local communities and places in mineral global production networks.

Critical Success Factors for Transfer-Operate-Transfer Urban Water Supply Projects in China

Over the years, build-operate-transfer (BOT) has continuously attracted research interests. Many studies on BOT have been carried out. Variations of BOT such as build-own-operate-transfer and build-own-operate have also been reported in some relevant publications. However, few investigations thus far have been conducted for transfer-operate-transfer (TOT). Therefore, there is a knowledge gap in this particular field. TOT is a new model that is suitable for existing infrastructure and public utility projects formerly funded by the governments and currently operated by state-owned enterprises. It refers to the transfer of a running public project to a foreign business or domestic private entity. Based on four case studies carried out in the Chinese water supply industry, this paper examines why there is an increasing need for TOT projects and identifies the distinctive features of TOT practice in China. This is followed by an introduction of a framework of critical success factors (CSFs) for TOT projects. The most important factors include project profitability, asset quality, fair risk allocation, competitive tendering, internal coordination within government, employment of professional advisors, corporate governance, and government supervision. The identification of CSFs provides a useful guidance to project parties planning to participate in TOT practice.

Timekeeping strategies operate independently from spatial and accuracy demands in beat-interception movements

The prevailing paradigm for researching sensorimotor synchronisation in humans involves finger tapping and temporal accuracy measures. However, many successful sensorimotor synchronisation actions require not only to be 'in time', but also to be in a predefined spatial position. Reaching this spatial position in many everyday actions often exceeds the average amplitude of a finger movement. The aim of this study is to address how people coordinate their movement to be in the right place at the right time when the scale of the movement varies. Does the scale of the movement and accuracy demands of the movement change the ability to accurately synchronise? To address these questions, a sensorimotor synchronisation task with three different inter-beat intervals, two different movement amplitudes and two different target widths was used. Our experiment demonstrated that people use different timing strategies-employing either a movement strategy (varying movement time) or a waiting strategy (keeping movement time constant) for large-scale movements. Those two strategies were found to be equally successful in terms of temporal accuracy and variability (spread of errors). With longer interval durations (2.5 and 3.5 s), variability of sensorimotor synchronisation performance increased (measured as the spread of errors). Analysing the data using the Vorberg and Wing (Handbook of perception and action. Academic Press, New York, pp 181-262, 1996) model shows a need to develop further existing timing models of sensorimotor synchronisation so that they could apply to large-scale movements, where different movement strategies naturally emerge.

Global Production, CSR and Human Rights: The Courts of Public Opinion and the Social License to Operate

This paper takes at its starting point the responsibility placed upon corporations by the United Nations’ Protect, Respect and Remedy Framework as elaborated upon by the Guiding Principles on Business and Human Rights to respect human rights. The overt pragmatism and knowledge of the complex business relationships that are embedded in global production led John Ruggie, the author of the Framework, to adopt a structure for the relationship between human rights and business that built on the existing practices of Corporate Social Responsibility (CSR). His intention was that these practices should be developed to embrace respect for human rights by exhorting corporations to move from “the era of declaratory CSR” to showing a demonstrable policy commitment to respect for human rights. The prime motivation for corporations to do this was, according to Ruggie, because the responsibility to respect was one that would be guarded and judged by the “courts of public opinion” as part of the social expectations imposed upon corporations or to put it another way as a condition of a corporation’s social license to operate.
This article sets out the background context to the Framework and examines the structures that it puts forward. In its third and final section the article looks at how the Framework requires a corporation’s social license to be assembled and how and by whom that social license will be judged. The success or failure of the Framework in persuading corporations to respect human rights is tied to whether “the courts of public opinion” can use their “naming and shaming power” effectively.

Les projets build, operate and transfer (BOT): une démarche contractuelle efficace dans les investissements internationaux

Dans le vaste champ du droit international des affaires, les projets «Build, Operate and Transfer» (BOT) signifiant «Construire, Exploiter et Transférer» et leurs variantes semblent moins connus du fait qu'ils représentent un type particulier d'investissement. La réalisation de ces projets fait intervenir de nombreux acteurs (notamment l'État hôte, la société concessionnaire et les cocontractants) aux intérêts souvent divergents mais qui tendent tous à la satisfaction d'un objectif commun: la réussite du projet. L'une des particularités de ces projets est que l'État ayant un fort taux d'endettement et d'impérieuses contraintes budgétaires limitant la capacité du secteur public aux besoins croissants en matière d'infrastructures, bénéficie sous certaines conditions, la participation du secteur privé qui supporte d'énormes risques financiers. Notre étude se veut d'abord une pénétration des mécanismes contractuels des projets BOT afin de déceler les enjeux qui font leur complexité. C'est à la suite de cette analyse que succèdera l'étude des problèmes juridiques affectant l'enveloppe financière, les garanties étatiques ainsi que l'allocation des risques. Dans la troisième partie, notre réflexion sera relancée pour comprendre des questions multiples liées à la sécurisation des investissements BOT réalisés dans les pays à instabilité politique particulièrement en Afrique. Le bilan s'ouvrira sur une analyse critique des sentences arbitrales ciblées en insistant sur des principes très généraux dont l'application a fait l'objet des débats animés en droit des investissements.

The subsidiaries of multinational enterprises operate regionally, not globally

Purpose – The purpose of this paper is to examine the determinants of home-region strategy of the multinational subsidiary and the impact of such a strategy on its performance. The author draws upon new internalization theory to develop a theory-driven model and empirically tests the simultaneous relationships between home-region strategy and performance of the subsidiary. Design/methodology/approach – The author tests the model using a simultaneous equation statistical technique on an original, new data set of publicly listed multinational subsidiaries operating in the ASEAN region, with parent firms’ headquarters across the broad triad. Findings – There are three significant findings. The first finding is that subsidiary-level downstream knowledge (marketing advantages), and the geographic location of the subsidiary in the same home region as of the parent firm are key antecedents of a subsidiary’s home-region strategy. The second finding is that a subsidiary’s profitability reduces home-region orientation; however, home-region strategy has an insignificant effect on performance. The third finding is that these subsidiaries generate on average 92 per cent of their total sales in the home region (the Asia Pacific). Originality/value – The author advances the existing literature on the regional nature of parent-level multinational enterprises by demonstrating that their quasi-autonomous subsidiaries also operate mainly on a home-region basis.

How e-Entrepreneurs operate in the context of open source software

The Internet has become an integral part of our everyday lives and it is often difficult to imagine how we ever functioned without it. This chapter presents experiences of two entrepreneurial companies, one of which has survived the 'dot-com bubble burst.' The chapter identifies current and future online business environments especially in light of open source software (OSS)   being accepted globally. Unlike proprietary software (such as Windows), OSS comes with its internal implementation details (source code) visible both to its developers and users, along with the freedom to change and redistribute this source. The significant implications of this unique style of software distribution for e-entrepreneurs are examined. Having a flexible  strategic plan; possessing management skills; providing excellent service; and having patience are some of the recommendations provided by  interviewed e-entrepreneurs. When made part of the decision making  process, these recommendations would enhance current and future e_entrepreneurs in sustaining their business.

Context sensitive development : how international NGO's operate in Myanmar

This thesis examined the operation of International Non-Government Organisations (INGOs) in Myanmar, as a case study of development sensitive to difficult socio-political contexts. The thesis extended context-sensitive development theory, explored the Myanmar socio-political context, and explored the ways INGOs contextualise their operations in that country to maximise development effectiveness.

Context-sensitive development : how international NGOs operate in Myanmar

Development is a difficult undertaking in any environment, but much more so in places such as Myanmar with its “perfect storm” of extreme poverty, international sanctions, and political repression and human rights violations with concomitant conflicts within development organizations over norms and policies.

Context-Sensitive Development examines how to effect successful development interventions in Myanmar. Anthony Ware points out that while practitioners have questioned universal economic prescriptions for development, they have not been as consistent in questioning the normative foundations behind their work. Ware does not argue for a facile moral relativism; he sees Myanmar as an egregious violator of human rights, but he does call for “context sensitivity” to help organizations adapt their values to better meet the needs of client populations.

Through his years of practice in the field and extensive series of interviews, the author brings into focus key issues of perception and practice that are intrinsic to the development enterprise. Although the focus is on Myanmar as a quintessential “difficult” case, Ware shows how his conclusions can be used elsewhere. His book represents a major contribution to both development theory and practice, vital for both the classroom and the development organization in situ.