The purpose of this paper is to explore and examine the impact of s.158 of the Planning Act 2008 in the UK, which awards the defence of statutory authority to developers of major…
Abstract
Purpose
The purpose of this paper is to explore and examine the impact of s.158 of the Planning Act 2008 in the UK, which awards the defence of statutory authority to developers of major infrastructure projects in private nuisance actions. The paper will assess the extent to which this provision could broaden the scope of the existing defence and consider the practical implications of the new measures.
Design/methodology/approach
The paper analyses existing case law, and the historic evolution of the UK doctrine of statutory authority, in order to assess the potential judicial approach to the defence in infrastructure planning decisions.
Findings
Although s.158 of the Planning Act 2008 appears to further broaden the opportunity for the statutory immunity defence to be used, certain historical restrictions will affect its application. In awarding the defence, the judiciary have taken into account a variety of considerations such as the specificity of the location, the inevitability of the nuisance, the effect on statutory provisions, and the bearing that negligence has on the defence. These exceptions prove that there is no such thing as “blanket immunity”, and developers may still be held responsible for their un‐neighbourly conduct.
Practical implications
The scope of the protection conferred on developers of major infrastructure projects can appear confusing and could potentially create the assumption that statutory authority will act as a total defence to any actions. Developers, and their advisers, will need to be aware of the aforementioned exceptions before seeking to rely on the statutory authority defence.
Originality/value
This paper proposes that the doctrine of statutory authority has gained a newly significant status and uses recent legislation and a comprehensive overview of the existing case law to demonstrate these findings.
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This study aims to identify project funding shortcomings in the existing literature and evaluate the financing channels accordingly.
Abstract
Purpose
This study aims to identify project funding shortcomings in the existing literature and evaluate the financing channels accordingly.
Design/methodology/approach
This paper uses a structured literature review – a content analysis method. Then, the comparative analysis applied to data gathered from the content analysis.
Findings
To define the main research topics and establish a focus on hydroelectric power plant (HEPP) financing, a comprehensive structured literature review was conducted. According to the results of this study, there are three main categories of HEPP financing studies in the literature, namely, financing channels and products, factors that complicate financing and financing- risk relationship of HEPP projects. According to these findings, which criteria most affecting HEPP financing and which financing channel is the most suitable are determined.
Research limitations/implications
Among all financing channels, only direct debt sources are selected.
Practical implications
This study is structured as a simple lender selection guide for HEPP investments. Selection criteria are applicable for both lenders and investors. For lenders, those criteria are expected to improve loan performance and optimize financial product selection. For investors, those criteria are expected to help choosing suitable products and improve revenues.
Social implications
This study will contribute the researchers those intended to work on the topic.
Originality/value
This study will contribute to limited literature on HEPP financing. Project finance literature is limited and narrow even there is no study that investigates hydropower project finance sourcing. In this manner, this study can be considered as a pioneer.
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Peter Walgenbach, Gili S. Drori and Markus A. Höllerer
We argue for major re-orientation when applying a neo-institutional perspective within the domain of international business (IB), and in research on the multinational corporation…
Abstract
We argue for major re-orientation when applying a neo-institutional perspective within the domain of international business (IB), and in research on the multinational corporation (MNC), in particular. On the one hand, we suggest re-conceptualizing MNCs as globally oriented organizations that nonetheless remain firmly anchored in local cultural settings. On the other hand, it seems crucial for institutionalist IB literature to engage more thoroughly with the core underlying assumptions, theoretical constructs, and recent extensions of neo-institutional theory. We present an overview and systematic evaluation of the current state of institutional approaches toward the MNC, and contrast it with research foci that will emerge from a phenomenological-institutional analysis.
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Som Sekhar Bhattacharyya and Prasad Vidyasagar Mandke
The purpose of this paper is to study the phenomenon of abrupt shift by both doctors and patients to telemedicine during the coronavirus (COVID-19) pandemic and associated…
Abstract
Purpose
The purpose of this paper is to study the phenomenon of abrupt shift by both doctors and patients to telemedicine during the coronavirus (COVID-19) pandemic and associated economic lockdown in India. The study explored various drivers of telemedicine technology awareness, adoption and usage. These drives were studied from both the doctors and the patients’ perspectives using the Push–Pull–Mooring (PPM) theoretical model.
Design/methodology/approach
An exploratory qualitative research was carried out with 24 doctors and 32 patients. This research was conducted in major urban cities of India. It was carried out during the economic lockdown due to the COVID-19 pandemic. The data was collected based upon a semi-structured open-ended questionnaire using telephonic interviews. Once thematic saturation was achieved, thematic content analysis was conducted. Finally, the themes were classified and analyzed using the PPM theoretical model
Findings
The data analysis indicated that there was the presence of all three factors, namely, push, pull and mooring. For the doctors, pull and push factors were more substantive than mooring factors. Although for the patients push and mooring factors were more important and pressing than pull factors.
Research limitations/implications
This study was conducted during the COVID-19 pandemic and associated economic lockdown in India. The interview respondents were located only in urban India. Future studies could be conducted to explore similarities and differences in telemedicine adoption patterns during non-crisis times vis-a-vis crisis times in urban and rural settings.
Practical implications
The insights from this study could be used by medical service providers to leverage telemedicine technology to improve the business model, service delivery, pricing strategy, value proposition and behavioral characteristics. Patients on the other hand could gather perspectives regarding how best to use telemedicine technological services.
Originality/value
The authors provided an integrated perspective regarding telemedicine technology awareness, adoption and usage in an emerging economy of India during the critical times of the COVID-19 pandemic crisis and the associated prolonged economic lockdown. This was one of the first studies that applied PPM theory for telemedicine adoption
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I suggest that the search for Adam Smith’s theodicy is likely to be in vain. The paper begins with a brief history of approaches to evil, emphasizing the context in which they…
Abstract
I suggest that the search for Adam Smith’s theodicy is likely to be in vain. The paper begins with a brief history of approaches to evil, emphasizing the context in which they arose, and the questions authors were addressing. Approaches most relevant to Adam Smith include those of Augustine and Calvin, and the early modern theodicies of Leibniz, Samuel Clarke and William King, as well as the attacks on them by Bayle and Voltaire. Scottish Enlightenment writers were not terribly interested in theodicy, though Hutcheson and Kames did devote space to their versions of problems of evil. David Hume’s Dialogues on Natural Religion are often taken to be classic statement of the problem of theodicy and argument against religious belief, but his concern was to demolish rationalistic theodicies rather than religious belief or practice. The paper then turns to Smith’s writings, considering similarities and differences to these approaches to evil. Smith emphasizes the wisdom and beneficence of God, and that evils we observe are part of a larger providential plan. He makes no attempt to justify the God in the face of evil, and in this respect Smith shares more with Augustine and Calvin than he does with the early modern theodicists. Smith’s approach to evil is simple and ameliorative. Smith’s approach contrasts with early nineteenth century English political economists, from Malthus onwards, for whom theodicy was important. Whatever view we take of the theodicists project of justifying an all-powerful and good God in the face of evil may, we still struggle to make sense of economic suffering and evil.
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Siri Wilder, Christina L. Scott and Micaela A. Chavarin
For many emerging adults, committed romantic relationships are perceived as offering the ideal context for sexual exploration and companionship. However, these relationships are…
Abstract
For many emerging adults, committed romantic relationships are perceived as offering the ideal context for sexual exploration and companionship. However, these relationships are often short-term and breakups between committed partners can be emotionally intense and create a significant amount of distress. While casual sex relationships appear to be an increasingly popular alternative, providing many of the same benefits of committed relationships without the emotional involvement, they are also consistently associated with sexual regret. Previous research indicates that both emotional reactions are reported at higher levels by women, but the extent to which breakup distress and sexual regret differ by relationship type remains unclear. The current study examined differences in breakup distress and sexual regret as a function of sex and type of sexual relationship (committed vs casual) among a sample of 230 undergraduate college students. As expected, women reported more breakup distress and sexual regret as compared to men, and men and women in committed relationships reported more breakup distress than those in casual relationships. Contrary to previous findings, there was no significant difference in sexual regret between committed and casual relationships, and this was consistent for both men and women. In addition, participants reported relatively low levels of both breakup distress and sexual regret overall. The results suggest that, in general, breakups may not pose a severe emotional threat to young adults, who seem to be confident in their sexual decision making regardless of relationship type.
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Sami Dakhlia, Boubacar Diallo, Shahriar M. Saadullah and Akrem Temimi
National differences in the demand for voluntary external audits have been linked to multiple factors, such as differences in a country's rate of growth, access to external…
Abstract
National differences in the demand for voluntary external audits have been linked to multiple factors, such as differences in a country's rate of growth, access to external credit, and institutional quality. Audits, however, also have a psychological cost, whose intensity is genetically and culturally hereditary. Using a sample of 3,072 private firms across 34 industries in seven countries, including five countries or regions from the former Soviet Comecon, we find that a country's share of firms choosing to undergo external audits is negatively related to the prevalence of carriers of the G allele in the mu-opioid receptor gene's A118G polymorphism, also known as the “social sensitivity” gene. Furthermore, the relationship between the prevalence of the social sensitivity gene and audits is fully mediated by a national culture's degree of collectivism. The results are statistically and economically highly significant and remain robust to the introduction of a set of confounding factors at the firm and country levels. Our results have practical relevance in recognizing psychological diversity when conducting audits and, more generally, preventing burnout in the workplace.
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A point repeatedly brought forward for the defence, or at all events for the purpose of mitigating the fine, in adulteration cases, is the statement that defendant's goods have…
Abstract
A point repeatedly brought forward for the defence, or at all events for the purpose of mitigating the fine, in adulteration cases, is the statement that defendant's goods have been analysed on former occasions and have been found genuine. As illustrating the slight value of analyses of previous samples may be taken the average laudatory analyses on patent or proprietary foods, drinks, or medicine. The manufacturer calculates—and calculates rightly—that the general public will believe that the published analysis of a particular specimen which had been submitted to the analytical expert by the manufacturer himself, guarantees all the samples on the market to be equally pure. History has repeatedly proved that in 99 cases out of 100 the goods found on the market fall below the quality indicated by the published analyses. Not long ago a case bearing on this matter was tried in court, where samples of cocoa supplied by the wholesale firm were distributed; but, when the retailer tried to sell the bulk of the consignment, he had repeated complaints from his customers that the samples were a very much better article than what he was then supplying. He summoned the wholesale dealer and won his case. But what guarantee have the general public of the quality of any manufacturer's goods—unless the Control System as instituted in Great Britain is accepted and applied ? Inasmuch as any manufacturer who joins the firms under the British Analytical Control thereby undertakes to keep all his samples up to the requisite standard; as his goods thenceforth bear the Control stamp; and as any purchaser can at any time submit a sample bought on the open market to the analytical experts of the British Analytical Control, free of any charge, to ascertain if the sample is up to the published and requisite standard, it is plain that a condition of things is created which not only protects the public from being cheated, but also acts most beneficially for these firms which are not afraid to supply a genuine article. The public are much more willing to buy an absolutely guaranteed article, of which each sample must be kept up to the previous high quality, rather than one which was good while it was being introduced, but as soon as it became well known fell off in quality and continued to live on its reputation alone.
A SPLENDID conference, I thought. True, there were those who complained, those who thought some of the papers were elementary and those who thought that we had come a long way to…
Abstract
A SPLENDID conference, I thought. True, there were those who complained, those who thought some of the papers were elementary and those who thought that we had come a long way to learn very little. I don't agree at all. Some of the papers did, I admit, deal with basic considerations but it does nothing but good to re‐examine the framework of our services from time to time. In any case other papers were erudite, and for the first time I have seen an audience of librarians and authority members stunned, almost, into silence.