Formation of contracts for the international sale of goods under Korean law and the CISG

2017 ◽  
Vol 21 (3) ◽  
pp. 208-223
Author(s):  
Byung Mun Lee
Keyword(s):  
Comparative Study ◽  
Design Methodology ◽  
Case Law ◽  
The Other ◽  
Basic Question ◽  
Content Type ◽  
International Sale Of Goods ◽  
The Comparative Study ◽  
International Sales ◽  
Insight Into

Purpose The purpose of this paper is to describe and analyze the rules on the formation of contracts under Korean law and the Contracts for the International Sale of Goods (CISG) in a comparative way and introduce the relevant proposed rules under the Amendment Draft of the Korean Civil Code (KCC). In addition, it attempts to compare and evaluate them in light of the discipline of comparative law. Design/methodology/approach In order to achieve the purposes of the study, it executes a comparative study of the rules as to the formation of contracts of the CISG, Korean law and the Amendment Draft of the KCC. The basic question for this comparative study is placed on whether a solution from one jurisdiction is more logical than the others and to what extent each jurisdiction has responded to protect the reasonable expectations of the parties in the rules as to the formation of contracts. Findings The comparative study finds that most of the rules under the CISG are quite plausible and logical and they are more or less well reflected in the proposals advanced by the KCC amendment committee. On the other hand, the other rules under the CISG which have brought criticisms in terms of their complexity and inconsistent case law invite us their revision or consistent interpretation. The drawbacks of the CISG have also been well responded in the Amendment Draft of the KCC. Nevertheless, it is quite unfortunate that the Amendment Draft of the KCC still has a rule that regards any purported performance with non-material alteration of the terms of an offer as an acceptance. Originality/value This study may provide legal and practical advice to both the seller and the buyer when they enter into a contract for international sales of goods. In addition, it may render us an insight into newly developed or developing rules in this area and show us how they interact with each other. Furthermore, it may be particularly useful in Korea where there is an ongoing discussion for revision of the KCC.

The anti-social behaviour, crime and policing act in practice – a practitioner perspective

2016 ◽  
Vol 15 (4) ◽  
pp. 176-182
Author(s):  
Kirsty Varley
Keyword(s):  
Social Housing ◽  
Social Behaviour ◽  
Design Methodology ◽  
Case Law ◽  
Press Coverage ◽  
Content Type ◽  
Insight Into ◽  
The Way

Purpose The purpose of this paper is to offer a practitioner’s perspective to the Anti-Social Behaviour Crime and Policing Act 2014. Many of the new sections are now in force and three in particular have been of interest to me in the last 12-18 months. Design/methodology/approach The paper is written on the basis of the author’s own knowledge, experience and cases that the author has dealt with under the new legislation. Where cases have been published the author has included the relevant links to press coverage. Findings The financial limitations upon registered provides of social housing (RPs) will affect the way in which they conduct litigation and so might mean that RPs are less likely to want to take risks in court. The new grounds have not faced meaningful challenge yet, and so their use might be limited until case law is developed and settled to provide more certainty in this area. Originality/value The perspective is the author’s own and has been written solely by the author for this specific purpose. It is hoped that this will offer insight into the development of anti-social behaviour/housing law and how practitioners view the changes now that they are in force.

Development strategies of small economies: Singapore, Hong Kong and Macao

2015 ◽  
Vol 4 (3) ◽  
pp. 265-281 ◽  
Author(s):  
Newman M. K. Lam
Keyword(s):  
Economic Development ◽  
Hong Kong ◽  
Comparative Study ◽  
Design Methodology ◽  
Development Strategies ◽  
Archival Data ◽  
Single Model ◽  
Content Type ◽  
Small Economies ◽  
Insight Into

Purpose – The purpose of this paper is to examine the economic development in Singapore, Hong Kong and Macao to find the reasons for the success. Design/methodology/approach – Applying economic development theories and using archival data to examine the development strategies of the three economies. Findings – There is no single model suitable for economic development for all, and small economies need to be strategically interventionist by either inducing development or balancing the disequilibria caused by development. Originality/value – This is the first comparative study to examine these three fast-growing small economies. The findings lend insight into Hirschman’s theory of unbalanced growth and Stiglitz’s assertion that different economies and conditions require different development strategies.

scholarly journals Organisational context and behavioural complexity affecting ambidextrous behaviours among SMEs

2020 ◽  
Vol 23 (3) ◽  
pp. 225-244
Author(s):  
Wai Chuen Poon ◽  
Osman Mohamad
Keyword(s):  
Design Methodology ◽  
The Other ◽  
Valuable Insight ◽  
Business Owner ◽  
Content Type ◽  
Organisational Context ◽  
Proposed Model ◽  
Competing Demands ◽  
Insight Into

PurposeThe purpose of this paper is to examine the antecedents of exploitative and explorative behaviours and to give valuable insight into the role of ambidextrous behaviours in developing creativity and innovativeness among owner-managers in SMEs.Design/methodology/approachA review of existing literature was carried out and drawing upon owner-managers, a survey using structured questionnaires was carried out with a total of 183 useful responses received. The proposed model was analysed using SmartPLS v2.3.7.FindingsThe empirical result suggests that behavioural complexity and organisational flexibility encourages exploitative and explorative behaviours, while ambidextrous behaviours encourage creativity and innovativeness. Rigidity, on the other hand, hinders the cultivation of ambidextrous behaviours.Originality/valueThe paper entails useful implication by demonstrating that flexibility enables owner-managers to reconcile competing demands and consequently, cultivate innovative outcomes. In this regard, business owner-managers must learn implicitly how to juggle these contradictory demands, suggesting an internal balancing mechanism independent of the organisational context and individual behavioural complexity. This paper suggests that cultivation of exploitative and explorative behaviours among owner-managers is useful in encouraging ambidextrous behaviours among SMEs.

scholarly journals Bidding for UK city of culture

2019 ◽  
Vol 12 (3) ◽  
pp. 314-325 ◽  
Author(s):  
Isaac Cunningham ◽  
Louise Platt
Keyword(s):  
Thematic Analysis ◽  
Design Methodology ◽  
The Other ◽  
Top Down ◽  
Content Type ◽  
Team Members ◽  
Telephone Interviews ◽  
European Capital Of Culture ◽  
The Uk ◽  
Insight Into

Purpose The UK city of culture (UKCoC) scheme developed out of Liverpool’s year as European Capital of Culture in 2008 and is synonymous with urban renewal. The purpose of this paper is to examine the challenges of bidding for this scheme. Design/methodology/approach The authors conducted semi-structured telephone interviews with bid team members from four out of the five short-listed cities for the 2021 award. Respondents were situated across the country and, at the time, finalising their Stage 2 bids. Thematic analysis was conducted to analyse the responses. Findings The UKCoC scheme is a top-down scheme which is delivered “in place”. The danger of the top-down vision is that local people cannot often conceptualise what it might mean within the context of their own locality. The findings here suggest that bid team members are attempting to do this despite obvious time pressures. The research presented here suggests that cities are reconciling the top-down, criteria-led nature of the scheme with a real reflection on how to make that work for their locality which is distinctive. Social implications The UKCoC scheme has proved to galvanise communities to reflect on the nature of their places and think about what makes them unique in comparison to the other bidding cities. The bidding teams acknowledge the challenges of bidding but there is a sense that competing is worth the investment. Originality/value This paper offers a unique insight into a recent competitive placemaking scheme and reflects on how placemaking can potentially be reconciled as both top-down and place-based.

Risk-mitigating effect of ESG on momentum portfolios

2019 ◽  
Vol 20 (5) ◽  
pp. 542-555 ◽  
Author(s):  
Lars Kaiser ◽  
Jan Welters
Keyword(s):  
Design Methodology ◽  
Risk Mitigation ◽  
The Other ◽  
Crash Risk ◽  
Momentum Strategies ◽  
Content Type ◽  
Sustainable Products ◽  
Momentum Investing ◽  
The Impact ◽  
Insight Into

Purpose Existing empirical evidence on the impact of environmental, social and governance (ESG) integration on momentum portfolios is limited. The combination of the two is relevant given the risk-mitigating effect of ESG criteria, as well as the existence of momentum crashes. As such, ESG might lend itself to reduce crash risk for momentum investors. Design/methodology/approach In this paper, the authors provide insight into the impact of an ESG-constrained investment universe on momentum returns. The overall investment universe is split into high and low ESG-rated segments to anylse the characteristics of momentum portfolios conditional on the ESG rating. Findings The authors document the existence of a momentum premium across European stocks and for a subset of high and lows ESG-rated stocks. However, absolute returns of momentum strategies are significantly lower if momentum strategies are pursued on a subset of high ESG stocks. Additionally, findings document a risk-mitigation effect of ESG for momentum portfolios with significantly lower returns for momentum portfolios based on low ESG stocks during periods of momentum crashes. Originality/value Research on momentum investing and the momentum premium is large and well established, yet many questions remain. A recent study by Daniel and Moskowitz (2016) has analyzed crash risk for momentum investors and identified periods of strong momentum crashes. On the other hand, the literature on ESG integration in standing investment approaches is still limited, but as demand for sustainable products is increasing, so is the demand for a better understanding of the impact of ESG integration. Consequently, the authors provide evidence on the benefits of ESG integration for momentum investors to reduce their exposure to momentum crash risk.

Sentencing offenders with mental impairment: the case of arsonists with intellectual disability

2014 ◽  
Vol 5 (2) ◽  
pp. 78-87 ◽  
Author(s):  
Ashlee Curtis ◽  
Keith McVilly ◽  
Andrew Day
Keyword(s):  
Intellectual Disability ◽  
Justice System ◽  
Design Methodology ◽  
Case Law ◽  
Mental Impairment ◽  
Content Type ◽  
General Deterrence ◽  
Moral Culpability ◽  
Low Levels ◽  
Insight Into

Purpose – Offenders with intellectual disability (ID) who commit arson and other acts of fire setting are over-represented in the criminal justice system in Australia, as in many other jurisdictions. The purpose of this paper is to provide insight into the judicial considerations that influence sentencing in these cases. Design/methodology/approach – Case law was utilised to locate and analyse judges’ sentencing remarks for offenders with ID found guilty of an offence of arson. These data were subject to Inductive Content Analysis to establish the major judicial considerations in sentencing. Findings – Seven common issues emerged: general deterrence, seriousness of arson, rehabilitation, sentencing options, moral culpability, protection of the community, and punishment. Judges noted that they handed down reduced sentences to persons with ID relative to the severity of their offending, that they considered people with ID to have low levels of moral culpability, and that these offenders did not provide good examples for community deterrence. Originality/value – The current study highlights the need for judges to have available a range of sentencing options, including diversion and treatment/rehabilitation programmes for persons with ID, particularly for those involved in more serious offences such as arson.

Towards a taxonomy of intergenerational knowledge transfer practices

2018 ◽  
Vol 25 (2) ◽  
pp. 81-91
Author(s):  
Kerstin Kuyken ◽  
Mehran Ebrahimi ◽  
Anne-Laure Saives
Keyword(s):  
Knowledge Transfer ◽  
Comparative Study ◽  
Design Methodology ◽  
Qualitative Case Study ◽  
High Tech ◽  
Content Type ◽  
Case Study Design ◽  
Younger Workers ◽  
Intergenerational Knowledge

Purpose This paper aims to develop a better understanding of intergenerational knowledge transfer (IKT) practices by adopting a context-related and comparative perspective. Design/methodology/approach A qualitative case study design involving 83 interviews and non-participative observation in German and Quebec organizations has been chosen. Findings Two distinctive archetypes of IKT emerge from both national contexts: “we-individualizing” (Germany) and “I-connecting” (Quebec), leading to an eightfold taxonomy of IKT practices. Research limitations/implications This research is limited to young and senior workers and to high-tech sectors. Originality/value Comparative and inductive study of IKT, adaptation of IKT practices to national contexts, retaining younger workers. This inductive and comparative study allows a better adaptation of IKT practices to national contexts and therefore a better retention of younger workers.

scholarly journals Teaching innovations in Asian higher education: perspectives of educators

2018 ◽  
Vol 13 (2) ◽  
pp. 179-190 ◽  
Author(s):  
T.M. Wong
Keyword(s):  
Higher Education ◽  
Design Methodology ◽  
Higher Education Institutions ◽  
The Other ◽  
Asian Countries ◽  
Structured Interviews ◽  
Content Type ◽  
Advanced Technologies ◽  
The Many

Purpose The purpose of this paper is to identify the teaching innovations that have been implemented in higher education institutions in Asia and the perspectives of educators on them. Design/methodology/approach Semi-structured interviews were conducted with 28 educators who were affiliated with 23 higher education institutions in ten Asian countries/regions. The interviews covered information about the teaching innovations of the participants’ institutions, the characteristics of the innovative practices and the participants’ views on them. The relationships between the characteristics of institutions and their teaching innovations were also examined. Findings The results showed that the teaching innovations included two main categories, namely, those which involved the use of advanced technologies and those which did not. The innovations that involved the use of advanced technologies were mainly from larger institutions, while the other category was mainly from smaller ones and had been practised for less than 1.5 years. Differences were also identified between the two categories in terms of the aims and importance of innovations, innovative features, the evaluation of innovations and improvements needed for them. Originality/value The results highlighted that technology is only one of the many aspects of teaching innovations, which is different from the view prevailing in the literature. They also suggested that differences in the scale of institutions (in terms of number of students) possibly influences the kind of teaching innovations adopted.

Rethinking bibliographic utilities for library consortia

2020 ◽  
Vol 37 (8) ◽  
pp. 7-9
Author(s):  
Israel Odede
Keyword(s):  
Literature Review ◽  
Paradigm Shift ◽  
Design Methodology ◽  
Distributed Network ◽  
Network Resources ◽  
Content Type ◽  
Library Consortia ◽  
Individual Ownership ◽  
Insight Into

Purpose The paper aims to critically examine the bibliographic utility as a roadmap to increase library consortia and provide an insight into a new library consortia strategy that integrates librarians into a system of sharing both resources and knowledge. Design/methodology/approach This study adopted a literature review approach with a focus on bibliographic utility as a necessary prerequisite for effective library consortia, which is a paradigm shift from the concept of individual ownership to a collective access of distributed network resources and knowledge. Findings The reviewed literature indicated that significant bibliographic utilities and integrated library systems are factors that shaped and developed consortia activities in libraries. Originality/value The bibliographic utility has limited literature, and a few published scholarly studies have combined bibliographic utility and library consortia as strategies to share resources and knowledge

Professionals freaking out: the case of accreditation in Dutch higher education

2009 ◽  
Vol 21 (5) ◽  
pp. 473-485 ◽  
Author(s):  
Everard van Kemenade ◽  
Teun W. Hardjono
Keyword(s):  
The Netherlands ◽  
Design Methodology ◽  
Iso 9000 ◽  
Preliminary Survey ◽  
External Evaluation ◽  
Content Type ◽  
Evaluation Systems ◽  
System A ◽  
Engineering And Technology ◽  
Insight Into

PurposeThe purpose of this paper is to define what factors cause willingness and/or resistance among lecturers in universities towards external evaluation systems, especially accreditation.Design/methodology/approachA model has been designed to describe possible factors of willingness and/or resistance towards accreditation based on Ajzen and Metselaar. A literature review has been undertaken on the effects of external evaluation like ISO 9000 as well as accreditation systems such as Accreditation Board for Engineering and Technology and European Quality Improvement System. A questionnaire has been administered to a group of 63 lecturers from three departments at Fontys University in The Netherlands. The results of this preliminary survey have been presented to 1,500 academics in The Netherlands and Flanders to collect empirical data.FindingsResistance to accreditation can be found in the consequences of accreditation for the work of the lecturer (workload), negative emotions (stress and insecurity); the lack of knowledge and experience (help from specialists is needed); and lack of acceptance (other paradigm).Originality/valueThe paper provides more insight into the difficulties that organizations, especially universities, have to commit their employees to external evaluation. It might be possible to generalize the findings to other professionals in other organizations. Little research in this field has been undertaken so far.

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