Search results for "Agreement"
showing 10 items of 244 documents
Enforcing WTO Law
2017
This contribution analyses the difference between the enforcement system provided for by the European Union legal system and the one set up by the World Trade Organisation. The reciprocal and bilateral nature of the WTO obligations and the possibility for the parties to a dispute to have recourse to negotiation (in ways not always foreseen and regulated by the Dispute Settlement Understanding) in order to resolve the issue of implementation in the post-adjudication phase of the dispute settlement procedure are features that by-and-large differentiate the WTO legal system from that of the EU and also explains the differences between the remedies provided for by the two systems.
Evidence-based programming language design : a philosophical and methodological exploration
2015
Background: Programming language design is not usually informed by empirical studies. In other fields similar problems have inspired an evidence-based paradigm of practice. Such a paradigm is practically inevitable in language design, as well. Aims: The content of evidence-based programming design (EB-PLD) is explored, as is the concept of evidence in general. Additionally, the extent of evidence potentially useful for EB-PLD is mapped, and the appropriateness of Cohen’s kappa for evaluating coder agreement in a secondary study is evaluated. Method: Philosophical analysis and explication are used to clarify the unclear. A systematic mapping study was conducted to map out the existing body of…
Accordo e persona nell’argomentazione: il caso dell’ad hominem.
2012
Is the ad hominem argument a fallacy or not? In this paper I will try to demonstrate that an ad hominem is not intrinsically fallacious and that the speaker’s personal convictions, commitments and actions are deeply involved in every argument. This paper starts with a comparison between dialectical and rhetorical approaches to the argumentation, and, in particular, to the agreement. Briefly: from a dialectical standpoint, the argumentation is aimed at resolving a difference of opinion or a disagreement. On the other hand, from the rhetorical perspective argumentation also often deals with dialogues of the deaf, with incommensurable points of view. The agreement is a key concept of Perelman’…
Splitting heirs - divorce planning and pre-nuptial agreements for family business in Ireland
2009
Objectives: The main aim of this paper is to examine what can be done to plan for divorce should divorce arise for members of a family business in Ireland. A number of objectives have been formulated; firstly the research will examine the issue of di-vorce and what the law states pertaining to it. Next what support there is for family businesses when it comes to divorce and what preparations could be made should di-vorce occur will be identified. Prenuptial agreements will be examined and the views and opinions of owner/managers of family businesses will also be examined. Prior work: Little to no research has been conducted in Ireland to examine the views and opinions of family owned busine…
Riflessioni sparse, in chiave comparatistica, sugli accordi prematrimoniali
2021
Prenuptial agreements are legal settlements by which a couple who is about to get married can establish the terms of the respective assets and economic interests during or after the dissolution of the marriage. The enforceability of such agreements, however, requires a delicate balance between the will expressed by the parties, on the one hand, and the public interest related to family, on the other. The comparison between US, English and Italian family law on that issue will clearly show that, both in common law and civil law countries, the concepts of status familiæ and private autonomy can coexist if they are observed in the light of the highest value of human dignity.
The internationalisation of the Spanish food industry: the home market effect and European market integration
2015
<p>The objective of this study was to analyse, from a long-term perspective, the factors determining the process of the internationalisation of the Spanish agrifood industry. The paper concentrates on the empirical verification of the existence of a home market effect in the food and drink industries in Spain and on the effects on trade flows of integration into the European Union. With this aim in mind, we took into account the latest contributions to the estimation of the gravity equation for a sample of export flows from 13 agrifood subsectors between 1970 and 2012, with a destination of 175 markets. From the results of the study the existence of the “home market effect” stands out…
An adaptation-mitigation game: does adaptation promote participation in international environmental agreements?
2022
AbstractThis paper studies how the investment in adaptation can influence the participation in an international environmental agreement (IEA) when countries decide in adaptation before they choose emissions. Three types of agreements are studied, a mitigation agreement for which countries coordinate their decisions only on emissions; an adaptation agreement for which there is only coordination when countries decide their levels of adaptation and a complete agreement when there is coordination in both emissions and adaptation levels. In every case, we assume that the degree of effectiveness of adaptation is bounded from above, in order words, adaptation can alleviate the environmental proble…
Economic analysis of the international cooperation to face global environmental problems
2013
Because of the doubts about the effectiveness of the Kyoto Protocol, several scholars have asked whether other types of agreements can be designed to achieve large reductions of GHG emissions. Designing a profitable and stable international environmental agreement (IEA) that deals with the shortcomings of Kyoto-type agreement is the main motivation of this work. One idea would be to focus on technology improvements in order to reduce abatement costs, as this might increase a country's willingness to undertake significant emission reductions. For example, it could be beneficial to supplement a Kyoto-type agreement with technology elements if technological development depends not only on a co…
Characteristics of environmental treaties (remarks on the background of polish law)
2018
The subject of the study is an indication of the characteristics of international agreements in the field of environmental protection. The analysis of environmental international agreements allows for the formulation of several characteristics, generally assuming that these contracts are not different from other international agreements in the national legal order and are subject to thesame legal regime at international level. Characteristics include: institutionalization of treaties, specific design, susceptibility to change due to scientific progress, sectorality and subject and formal diversity. The author is aware that studying the basics of environmental protection can lead to the sepa…
Self-enforcing international environmental agreements revisited
2004
In Barrett's (1994) paper on transboundary pollution abatement is shown that if the signatories of an international environmental agreement act in a Stackelberg fashion, then, depending on parameter values, a self-enforcing IEA can have any number of signatories between two and the grand coalition. Barrett obtains this result using numerical simulations and also ignoring the fact that emissions must be non-negative. Recent attempts to use analytical approaches and to explicitly recognize the non-negativity constraints have suggested that the number of signatories of a stable IEA may be very small. The way such papers have dealt with non-negativity constraints is to restrict parameter values…