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Book part
Publication date: 27 September 2024

Christopher W. Mullins

This chapter examines the explosion in International Humanitarian Law between the US Civil War and World War I. The primary foci are the Hague Conventions on land warfare and the…

Abstract

This chapter examines the explosion in International Humanitarian Law between the US Civil War and World War I. The primary foci are the Hague Conventions on land warfare and the Geneva Conventions for the sick and wounded. This body of treaties is the foundation of IHL and the modern laws of war. Most of central issues in the international laws of war emerge in this period.

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Article
Publication date: 30 October 2023

Badreddine Berrahlia

This paper explores the experience of “Shari’a” as non-state law in the English courts through a historical analysis of past Islamic finance dispute resolutions (IFDRs). This…

180

Abstract

Purpose

This paper explores the experience of “Shari’a” as non-state law in the English courts through a historical analysis of past Islamic finance dispute resolutions (IFDRs). This paper aims to propose a conceivable scenario relating to the law applicable in international commercial contracts in the English courts with the emergence of the Hague Principles 2015.

Design/methodology/approach

This paper addresses several issues that have been raised in English case law: doubts about the legal nature of “Shari’a” as non-state law; the limits placed on freedom of choice of “Shari’a” law by the application of a single legal system; and the distinction between application of law and incorporation by reference of “Shari’a” in IFDRs. The paper then analyses the conformity of “Shari’a” with the provisions now used to resolve Islamic finance disputes (trade and investment) in the English courts, using an empirical analysis of The Accounting and Auditing Organization for Islamic Financial Institutions standards.

Findings

The paper provides that, in theory, “Shari’a” standards could play a significant role in IFDRs after Brexit, even though a gap persists in practice because the Hague Principles 2015 have not yet been adopted by the English legal system.

Research limitations/implications

The study focuses on the English courts and shows how the IFDRs could be resolved with the emergence of Hague Principles 2015 in the post-Brexit era.

Originality/value

To the best of the author’s knowledge, this paper appears to be the first paper to provide a conceivable scenario relating to the future of the IFDRs in the English courts.

Details

Journal of International Trade Law and Policy, vol. 23 no. 1
Type: Research Article
ISSN: 1477-0024

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Article
Publication date: 13 June 2016

Robin Shura, Elle Rochford and Brian K Gran

Intercountry adoptions (hereafter ICAs) in the USA are a form of sale of children. According to international policy, sale of children is an illicit social practice that involves…

707

Abstract

Purpose

Intercountry adoptions (hereafter ICAs) in the USA are a form of sale of children. According to international policy, sale of children is an illicit social practice that involves improper financial gains by at least one party. Sale of children is a threat to legitimate ICA. The purpose of this paper is to analyse the policy and practice of ICAs in the USA, including pricing arrangements, demonstrate that US ICAs, which can have humanitarian aims and be legitimate forms of family development, comprise sale of children.

Design/methodology/approach

Internet searches and e-mail inquiries were used to obtain ICA cost data for a randomised sample of 10 per cent of the agencies in the USA that facilitate ICAs.

Findings

Cost information was obtained from only 25 per cent of the sample, suggesting lack of transparency in and available information about monetary costs of US ICAs. A range of US$12,000 to $40,000 suggests that US ICAs are expensive and costs vary. Large, undisclosed fees in the form of “required donations”, agency fees, and extensive foreign travel requirements imply third party economic gains are made through US ICA transactions.

Practical implications

US ICA agencies should disclose costs and employ transparent practices. US policies regulating ICAs should be clarified and strengthened. The US Government should ratify, implement, and enforce major children’s rights international policy standards.

Social implications

International demand for adopted children may encourage child trafficking, child laundering, and kidnapping for profit (see Smolin, 2005), putting children, adoptive families, and birth communities at risk of breaches of basic human rights.

Originality/value

No study has offered systematic analysis of monetary costs of US ICAs and linked this analysis to policy and legitimacy of social practices.

Details

International Journal of Sociology and Social Policy, vol. 36 no. 5/6
Type: Research Article
ISSN: 0144-333X

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Book part
Publication date: 27 September 2024

Christopher W. Mullins

This chapter examines World War II and its impact on international and military law. It covers the war’s key crimes, the Nürnberg and Tokyo tribunals, and the creation of the…

Abstract

This chapter examines World War II and its impact on international and military law. It covers the war’s key crimes, the Nürnberg and Tokyo tribunals, and the creation of the United Nations, the Four Geneva Conventions of 1949, and the Genocide Convention of 1948.

Details

A Socio-Legal History of the Laws of War
Type: Book
ISBN: 978-1-83753-384-8

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Book part
Publication date: 9 December 2016

Theodosios Sapounidis, Ioannis Stamelos and Stavros Demetriadis

This chapter examines the existing work on tangible user interfaces (TUIs) and focuses on tangible programming with the scope to enlighten the opportunities for innovation and…

Abstract

Purpose

This chapter examines the existing work on tangible user interfaces (TUIs) and focuses on tangible programming with the scope to enlighten the opportunities for innovation and entrepreneurship in this particular domain.

Methodology/approach

In the first section, we start by presenting in short the history of TUIs and then focus on tangible programming presenting the different design approaches. Then we present the opportunities for innovation and guidelines for future products.

In the second section, we review the entrepreneurial activities that combine educational toys and TUIs.

Findings

The main finding of this chapter is that although TUI design and research are still in its infancy and more design guidelines and research are required to further bridge the digital and the physical world, the first signs of entrepreneurship promise a bright future.

Research limitations

Limitations arise from the fact that many companies keep many of their financial data confidential. Thus, it was impossible to include and validate all the information that we intended to present.

Practical implications

Initially, this chapter motivates and challenges scientist to find novel innovative solutions in the field. Then, reveals the entrepreneurial opportunities and potential customers. Finally, shows the funding sources and how tangible products are offered in the market.

Social implications

We propose a new kind of toys that might alter and expand science, technology, engineering, and mathematics (STEM) in education.

Originality/value

This chapter appears to be unique in the sense that is the first that reports simultaneously on TUIs, entrepreneurship, and innovation.

Details

Innovation and Entrepreneurship in Education
Type: Book
ISBN: 978-1-78635-068-8

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Article
Publication date: 1 April 1983

D.P. O'Brien

In 1933 two books on competitive structure were published. One, extracted from a Harvard PhD filed six years earlier, dealt with the workings of the competitive process. Seeking…

106

Abstract

In 1933 two books on competitive structure were published. One, extracted from a Harvard PhD filed six years earlier, dealt with the workings of the competitive process. Seeking not to supplant, but to supplement Marshall, this book by E. H. Chamberlin focused on an effort involving the use of a diagrammatic apparatus to highlight certain fundamental relationships between variables in the competitive process. It did not analyse real firms but nor did it attempt to pretend that such were irrelevant, and to concentrate on positions of competitive equilibrium only. It dealt with problems of arrival at equilibrium, false trading, and a whole variety of issues relevant to an actual competitive process. Supervised by Allyn Young, it drew on a wide range of references and showed evidence of the kind of thorough scholarly preparation which has always been characteristic of the best American PhDs.

Details

Journal of Economic Studies, vol. 10 no. 4
Type: Research Article
ISSN: 0144-3585

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Article
Publication date: 16 October 2024

Julie Davies, Thamina Anjuman, Zeyad Al Ghamdi, Saud Altamimi, Sheikh Mateen Ellahi, Moza Al Thani, Frank Huang, Yara Alsoqair and Rawan Alshehri

This narrative literature review examines intersectional employee voice inequalities in a non-Western, high power distance context to develop a multilevel conceptual framework.

68

Abstract

Purpose

This narrative literature review examines intersectional employee voice inequalities in a non-Western, high power distance context to develop a multilevel conceptual framework.

Design/methodology/approach

The authors use Leininger's (1997, 2002) culture care model to explore multilevel influences on intersectional voice inequalities. The article applies insights from a review of 31 studies to the specific challenges of migrant palliative care (PC) nurses in Saudi Arabia.

Findings

The themes identified in the review indicate how better transcultural communications might mitigate voice inequalities that influence migrant employee wellbeing and intentions to quit which result from cultural incongruities.

Originality/value

The impact of national culture differences and intersectional inequalities on employee voice has largely been ignored in academic research. This paper offers unique insights drawing on culture care theory into intersectional voice challenges from a non-Western perspective in the underresearched setting of Saudi Arabia which is mid-way through a national transformation program. It starkly contrasts policy ambitions for advancing healthcare with discriminatory practices based on conservative attitudes which stifle migrant worker voices.

Details

Journal of Health Organization and Management, vol. 38 no. 7
Type: Research Article
ISSN: 1477-7266

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Article
Publication date: 1 March 1984

Arnold McKee

By “social economy” I understand a revised approach to economic science which underpins its work by incorporating values from social philosophy to re‐interpret and re‐direct an

485

Abstract

By “social economy” I understand a revised approach to economic science which underpins its work by incorporating values from social philosophy to re‐interpret and re‐direct an important part of its positive enquiries. It is, if you prefer, an extended version of what some call “political economy”; but I do have in mind a re‐fashioning of economic science and not merely a meeting ground with political and social values. The foundations of economics need to be revised, if political and social economy are to consist of something other than informal encounters with values. Of course, many prefer to speak instead of “social economics” as an extension of economic science to deal with the more obviously social areas of economic enquiry while incorporating humanistic values. I respect this approach and accept entirely the importance of these enquiries, but have always felt that a more radical correction of the weak posture of economic science before our present social problems is essential to tackle them properly.

Details

International Journal of Social Economics, vol. 11 no. 3/4
Type: Research Article
ISSN: 0306-8293

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Article
Publication date: 12 September 2016

L.T.F. van Krugten, L.M.C. Hermans, L.C. Havinga, A.R. Pereira Roders and H.L. Schellen

Earlier studies assume that historical dwellings and post-war dwellings in particular, are less sustainable than modern dwellings, justifying its demolition. Over time, historical…

474

Abstract

Purpose

Earlier studies assume that historical dwellings and post-war dwellings in particular, are less sustainable than modern dwellings, justifying its demolition. Over time, historical buildings have been transformed and their energy performance improved. However, there is little known on the energy performance of historical dwellings. The purpose of this paper is to unveil the role of historical dwellings and its transformations in improving urban sustainability.

Design/methodology/approach

In this research, historical dwellings (built=1970) are distinguished in listed and unlisted dwellings. Three cities were selected as case study – Amsterdam, The Hague and Rotterdam – and three post-war neighborhoods – New-West, Mariahoeve and Ommoord. This research uses the difference in energy label (original vs current performance) to discuss the transformations of dwellings: comparing modern and historical; post-war and other historical; and listed and unlisted dwellings.

Findings

Findings reveal that historical and post-war dwellings have great potentials to raise the energy performance e.g. by applying after insulation and renewable energy sources. Furthermore, The Hague and its post-war neighborhood Mariahoeve have a considerably lower energy performance. Further research could relate the raising of energy performance to the cultural significance of such dwellings, to better discuss the role of attributes and their transformation to raising energy performance.

Originality/value

This paper addresses the knowledge gap of the current energy performance of historical dwellings, by presenting and discussing its role in improving urban sustainability.

Details

Management of Environmental Quality: An International Journal, vol. 27 no. 6
Type: Research Article
ISSN: 1477-7835

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Article
Publication date: 23 December 2020

Hanna Carlsson and Roos Pijpers

This paper analyses how neighbourhood governance of social care affects the scope for frontline workers to address health inequities of older ethnic minorities. We critically…

234

Abstract

Purpose

This paper analyses how neighbourhood governance of social care affects the scope for frontline workers to address health inequities of older ethnic minorities. We critically discuss how an area-based, generic approach to service provision limits and enables frontline workers' efforts to reach out to ethnic minority elders, using a relational approach to place. This approach emphasises social and cultural distances to social care and understands efforts to bridge these distances as “relational work”.

Design/methodology/approach

The authors conducted a two-year multiple case study of the cities of Nijmegen and The Hague, the Netherlands, following the development of policies and practices relevant to ethnic minority elders. They conducted 44 semi-structured interviews with managers, policy officers and frontline workers as well as 295 h of participant observation at network events and meeting activities.

Findings

Relational work was open-ended and consisted of a continuous reorientation of goals and means. In some cases, frontline workers spanned neighbourhood boundaries to connect with professional networks, key figures and places meaningful to ethnic minority elders. While neighbourhood governance is attuned to equality, relational work practice fosters possibilities for achieving equity.

Research limitations/implications

Further research on achieving equity in relational work practice and more explicit policy support of relational work is needed.

Originality/value

The paper contributes empirical knowledge about how neighbourhood governance of social care affects ethnic minority elders. It translates a relational view of place into a “situational” social justice approach.

Details

Journal of Health Organization and Management, vol. 35 no. 2
Type: Research Article
ISSN: 1477-7266

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