The purpose of this article is to compare the methods of interpretation and gap filling in the United Nations Sales Convention (CISG) and in the Draft Common European Sales Law…
Abstract
Purpose
The purpose of this article is to compare the methods of interpretation and gap filling in the United Nations Sales Convention (CISG) and in the Draft Common European Sales Law (CESL). In particular, it aims to examine whether the established interpretation and gap filling method of the CISG can and should be used for the CESL.
Design/methodology/approach
The article looks at the method by which international case law and doctrine interpret the CISG and fill its gaps. The article compares this method with the method that is provided for in the CESL instrument but has to be implemented.
Findings
It is suggested that despite its nature as European community law, CESL should be interpreted in a broad international way since it does not only cover internal EU sales, but also transactions involving parties from outside the EU. For this reason its interpretation and gap filling should follow the method of the CISG so as to interpret similar provisions in a similar way in order to harmonize law within and outside the EU.
Research limitations/implications
Both the CISG and CESL intend to unify legal traditions or different legal systems; the CISG tries to harmonize globally what CESL tries to harmonize regionally. It is important that these two instruments complement one another by the avoidance of divergent interpretations of similar provisions. It would helpful for further research to assess whether and how two decades of experience with the CISG can be used in the interpretation and application of CESL.
Practical implications
CESL's interpretation provision, if it is enacted, is unlikely to change from the current version. The way CESL is interpreted and how its gaps filled will determine its practical significance as a viable opt‐in national law. It is therefore necessary to develop in advance the right interpretive methodology if CESL is to become a meaningful alternative instrument.
Originality/value
The article suggests that the CESL should not be interpreted in the traditional way European community law is interpreted, but, instead, be interpreted under a broad international perspective. It also advances the idea of interconventional interpretation by which the CISG would guide the interpretation of similar provisions found in CESL.
Details
Keywords
Maximilian Pasche, Magnus Persson and Hans Löfsten
The purpose of this paper is to investigate effects of platforms on new product development (NPD) projects. Emphasis has been put on the following effect categories: project…
Abstract
Purpose
The purpose of this paper is to investigate effects of platforms on new product development (NPD) projects. Emphasis has been put on the following effect categories: project performance, process changes, and the use of performance measurements.
Design/methodology/approach
The paper is based on data collected in a survey of Swedish manufacturing firms. The survey collected data on platform characteristics and NPD characteristics. This paper reports correlations and regression analyses of the different variables.
Findings
The application of a platform strategy leads to a significant increase of component commonality on the product program level. However, it was observed that firms still have problems with sticking to project budgets in terms of cost and lead‐time restrictions. Moreover, platform implementation often involves significant process adaptations. Finally, it showed that firms are hardly applying measurements to follow up on their platform‐related activities.
Research limitations/implications
It appears that predictions made in current literature regarding platform effects are not generally valid for all firms. Therefore, this study indicates that there may be contingencies affecting the applicability of a platform strategy for specific firms.
Practical implications
Owing to potential contingencies affecting the applicability of platforms, firms have to carefully consider if a platform strategy is promising in their specific situation. Moreover, product platform implementation does not only demand an adaptation of product structures but also involves significant process adaptations.
Originality/value
By statistically testing effects of platforms on product development performance, the tendency of the current literature towards case‐based research is overcome. Hereby, the findings of current literature are challenged in terms of their generalizability.
Details
Keywords
– The purpose of the paper is to outline a business model for product system solutions that is based on functional modularity.
Abstract
Purpose
The purpose of the paper is to outline a business model for product system solutions that is based on functional modularity.
Design/methodology/approach
The paper employs an illustrative case study design. The cases constitute two action research projects in two organisations delivering complex product systems.
Findings
The paper illustrates the viability of a movement towards a solution business model based on the use of modular networks and integrated sub-supplies for complex product systems. It develops the idea of suppliers assuming responsibility for larger functional wholes in the delivery of large capital goods.
Research limitations/implications
Future research should strive to further validate and falsify the proposed model, and for other product systems too, with a particular focus on their operational phases.
Practical implications
The paper outlines a business model based on modularity for both main suppliers and sub-suppliers that wish to extend their scope of delivery and to share responsibility with their networks.
Originality/value
The proposed model is in considerable contrast to conventional models in which the main supplier typically assumes most of the responsibility itself.
Details
Keywords
Arieh Riskin, Peter Bamberger, Amir Erez and Aya Zeiger
Incivility is widespread in the workplace and has been shown to have significant affective and behavioral consequences. However, the authors still have a limited understanding as…
Abstract
Incivility is widespread in the workplace and has been shown to have significant affective and behavioral consequences. However, the authors still have a limited understanding as to whether, how and when discrete incivility events impact team performance. Adopting a resource depletion perspective and focusing on the cognitive implications of such events, the authors introduce a multi-level model linking the adverse effects of such events on team members’ working memory – the “workbench” of the cognitive system where most planning, analyses, and management of goals occur – to team effectiveness. The model which the authors develop proposes that that uncivil interpersonal behavior in general, and rudeness – a central manifestation of incivility – in particular, may place a significant drain on individuals’ working memory capacity, affecting team effectiveness via its effects on individual performance and coordination-related team emergent states and action-phase processes. In the context of this model, the authors offer an overarching framework for making sense of disparate findings regarding how, why and when incivility affects performance outcomes at multiple levels. More specifically, the authors use this framework to: (a) suggest how individual-level cognitive impairment and weakened coordinative team processes may mediate these incivility-based effects, and (b) explain how event, context, and individual difference factors moderators may attenuate or exacerbate these cognition-mediated effects.
Details
Keywords
The United States and European countries have for a long time affirmed non-pecuniary loss as a proper title of damages. On both sides of the Atlantic in the preceding decades, we…
Abstract
The United States and European countries have for a long time affirmed non-pecuniary loss as a proper title of damages. On both sides of the Atlantic in the preceding decades, we have witnessed an escalation in the monetary amounts awarded for the non-pecuniary component of damages in cases of personal injury.1 As a result of this escalation, the countries referred to have embarked on a shrill debate in trying to decipher a definition of their concrete notions of non-pecuniary damages2 and on their awarding methods.3
Pauli Dahlbom, Noora Siikanen, Pasi Sajasalo and Marko Jarvenpää
The purpose of this paper is to focus on how the HR function takes advantage of human resource analytics (HRA), including big data (BD), and discuss factors hindering HRA and data…
Abstract
Purpose
The purpose of this paper is to focus on how the HR function takes advantage of human resource analytics (HRA), including big data (BD), and discuss factors hindering HRA and data utilization. Moreover, the authors discuss the implications of the HRA-induced role transformation of the human resource (HR) function.
Design/methodology/approach
This is an explorative case study based on qualitative interviews in nine leading Finnish companies.
Findings
The results indicate that both technical and human obstacles, operating with very basic HR processes and traditional information systems and poor data quality, hinder adoption of advanced HRA. This, combined with lacking skills in analytics and business understanding, inability to go beyond reporting, misconceptions related to BD and traditional compliance-oriented HR culture pose further challenges for the data analytics capacity and business partner role of the HR function. Senior executives expect no significant advancements of HRA, while HR professionals saw potential value in BD, although skepticism was not uncommon. The results point toward a need for increased cooperation with data analysts and HR professionals in provision and understanding the HR-related data for business-related decision making. Furthermore, cultural change and organizational redesign may be called for, in addition to overcoming technological obstacles related to BD, for it to have an impact on HR practices. HRA utilization and role transition of the HR function seem closely related and this transformation can be mutually reinforcing.
Originality/value
This study provides and theorizes explorative data on HRA within a group of some of the largest Finnish companies, pointing toward an immature state of the art in BD and HRA utilization and there being a relationship between HRA and the role transition of the HR function in organizations.
Details
Keywords
Sjoerd van den Heuvel and Tanya Bondarouk
Driven by the rapidly accelerating pace of technology-enabled developments within human resource management (HRM), human resource (HR) analytics is infiltrating the research and…
Abstract
Purpose
Driven by the rapidly accelerating pace of technology-enabled developments within human resource management (HRM), human resource (HR) analytics is infiltrating the research and business agenda. As one of the first in its field, the purpose of this paper is to explore what the future of HR analytics might look like.
Design/methodology/approach
Using a sample of 20 practitioners of HR analytics, based in 11 large Dutch organizations, the authors investigated what the application, value, structure, and system support of HR analytics might look like in 2025.
Findings
The findings suggest that, by 2025, HR analytics will have become an established discipline, will have a proven impact on business outcomes, and will have a strong influence in operational and strategic decision making. Furthermore, the development of HR analytics will be characterized by integration, with data and IT infrastructure integrated across disciplines and even across organizational boundaries. Moreover, the HR analytics function may very well be subsumed in a central analytics function – transcending individual disciplines such as marketing, finance, and HRM.
Practical implications
The results of the research imply that HR analytics, as a separate function, department, or team, may very well cease to exist, even before it reaches maturity.
Originality/value
Empirical research on HR analytics is scarce, and studies on scenarios, values, and structures of expected developments in HR analytics are non-existent. This research intends to contribute to a better understanding of the development of HR analytics, to facilitate business and HR leaders in taking informed decisions on investing in the further development of the HR analytics discipline. Such investments may lead to an enhanced HR analytics capability within organizations, and cultivate the fact-based and data-driven culture that many organizations and leaders try to pursue.
Details
Keywords
Magnus Lundbäck and Sven‐Åke Hörte
To analyse how differences in decision‐making affected the integration of the R&D functions after Ford's acquisition of Volvo Cars.
Abstract
Purpose
To analyse how differences in decision‐making affected the integration of the R&D functions after Ford's acquisition of Volvo Cars.
Design/methodology/approach
The analysis is carried out in two steps. Step one analyses which type of approach Ford employed to integrate Volvo into the company. Step two analyses how R&D decisions are made by both firms and the consequences of found differences in decision‐making on the success of the integration process.
Findings
Ford's approach to the integration of Volvo Cars follows a symbiosis approach, combining a high need of both organizational autonomy and strategic interdependence. A symbiosis acquisition integration approach demands that the decision‐making processes are given special attention. The acquired firm's specific decision‐making processes need to remain intact in order to preserve its embedded unique R&D value creation capabilities. The decision‐making processes should be kept separate in order to prevent disruption.
Originality/value
The paper relates theories about firm acquisition processes and aspects of organization theory to establish a bridge between these research areas.