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    A ‘false’ works agreement, which reduces the standard weekly working hours for permanent staff, also applies to leased employees. However, the pay of leased employees remains governed by the applicable collective bargaining agreement, rather than by the ‘false’ works agreement. Therefore, leased (part-time) employees benefitted from the reduced working hours by the ‘false’ works agreement, but received full pay based on the collective bargaining agreement.


Sarah Lurf
Sarah Lurf is an associate with Schima Mayer Starlinger Rechtsanwälte GmbH in Vienna, sms.law.
Article

Access_open Fostering Worker Cooperatives with Blockchain Technology: Lessons from the Colony Project

Journal Erasmus Law Review, Issue 3 2018
Keywords blockchain, collaborative economy, cooperative governance, decentralised governance, worker cooperatives
Authors Morshed Mannan
AbstractAuthor's information

    In recent years, there has been growing policy support for expanding worker ownership of businesses in the European Union. Debates on stimulating worker ownership are a regular feature of discussions on the collaborative economy and the future of work, given anxieties regarding the reconfiguration of the nature of work and the decline of standardised employment contracts. Yet, worker ownership, in the form of labour-managed firms such as worker cooperatives, remains marginal. This article explains the appeal of worker cooperatives and examines the reasons why they continue to be relatively scarce. Taking its cue from Henry Hansmann’s hypothesis that organisational innovations can make worker ownership of firms viable in previously untenable circumstances, this article explores how organisational innovations, such as those embodied in the capital and governance structure of Decentralised (Autonomous) Organisations (D(A)Os), can potentially facilitate the growth of LMFs. It does so by undertaking a case study of a blockchain project, Colony, which seeks to create decentralised, self-organising companies where decision-making power derives from high-quality work. For worker cooperatives, seeking to connect globally dispersed workers through an online workplace, Colony’s proposed capital and governance structure, based on technological and game theoretic insight may offer useful lessons. Drawing from this pre-figurative structure, self-imposed institutional rules may be deployed by worker cooperatives in their by-laws to avoid some of the main pitfalls associated with labour management and thereby, potentially, vitalise the formation of the cooperative form.


Morshed Mannan
Morshed Mannan, LLM (Adv.), PhD Candidate, Company Law Department, Institute of Private Law, Universiteit Leiden.
Part I Courts and ODR

Access to Justice and Innovative Court Solutions for Litigants-in-Person

The Singapore Experience

Journal International Journal of Online Dispute Resolution, Issue 1-2 2018
Keywords access to justice, innovative court solutions, ODR, e-Negotiation, tribunal
Authors Ow Yong Tuck Leong
AbstractAuthor's information

    This article highlights the Singapore judiciary’s experience in introducing an online filing and case management system with Online Dispute Resolution (ODR) for small value disputes to improve access to justice. This system, called the Community Justice & Tribunals System (CJTS), is a fully integrated justice solution, allowing parties to settle their disputes and obtain a court order online. The article sets out the issues and challenges encountered in developing CJTS, the innovative solutions implemented and CJTS’ positive impact on litigants-in-person.


Ow Yong Tuck Leong
District Judge Ow Yong Tuck Leong is a judicial officer in the Community Justice and Tribunals Division of the State Courts of Singapore. He is the Executive Sponsor of the CJTS. Prior to joining the State Courts, Ow Yong had served in different positions as a Senior Assistant Registrar, Registry of Companies and Businesses; State Counsel, Attorney-General’s Chambers; and Deputy Director (Legal, Enforcement & International Affairs) of the Competition Commission of Singapore.
Part II Private Justice

How Online Negotiation Support Systems Empower People to Engage in Mediation

The Provision of Important Trade-off Advice

Journal International Journal of Online Dispute Resolution, Issue 1-2 2018
Keywords ODR programs, empowerment, online negotiation support systems, technology
Authors Emilia Bellucci and John Zeleznikow
AbstractAuthor's information

    Face-to-face negotiation is the preferred communication style for negotiation, as it is the richest form of communication (Daft & Lengel, 1986), allowing for words, gestures and body language to be clearly communicated. This form of communication also allows for instant feedback, essential in negotiation when it is imperative to check understanding of each other’s views and priorities. Bodtker and Jameson (2001) argue that experiencing emotion is one way we recognize conflict. Invariably, dispute resolution involves emotion, which if allowed to flood the substantive issues, otherwise known as emotional flooding, may result in disputants incapable of acting rationally (Jones & Bodtker, 2001), which may lead to unfair solutions. For example, in high-stress negotiations of family disputes, it may be difficult to think rationally about both the disputants and children’s future needs. This may lead to people having to live with a less-than-ideal financial situation that is not representative of their future needs. Online dispute resolution (ODR) systems involve the use of technology to aid (or in some instances to replace) human communication in the dispute resolution process. This means replacing a very rich form of communication with a lower form of media, with the lowest being text-based forms of communication. ODR using video-conferencing technology benefits disputants located in different areas, hence providing a good medium for those who geographically cannot meet in person. While also a fairly rich mode of communication, this type of technology is heavily dependent on infrastructure variables, such as Internet speed, application support and connectivity issues, which are not always available. In this article, we will introduce the concept of how ODR can support face-to-face negotiations by re-introducing our software AssetDivider as a method to support the face-to-face process in negotiation.


Emilia Bellucci
Emilia Bellucci is senior lecturere in the Department of Information Systems and Business Analytics, Deakin University, Deakin Business School, Geelong, Australia.

John Zeleznikow
John Zeleznikow is a professor in College of Business, Victoria University, Melbourne, Australia.
Part I Courts and ODR

Ethical Concerns in Court-Connected Online Dispute Resolution

Journal International Journal of Online Dispute Resolution, Issue 1-2 2018
Keywords court ODR, fourth party, ethics, access to justice, confidentiality, transparency, informed participation, accessibility, accountability, empowerment, trust
Authors Dorcas Quek Anderson
AbstractAuthor's information

    This article examines the burgeoning trend of creating court ODR systems, focusing on the design aspects that are likely to raise ethical challenges. It discusses four salient questions to be considered when designing a court ODR system, and the resulting ethical tensions that are brought to the fore. As a fourth party, the ODR system not only replaces existing court functions, but enlarges the scope of the courts’ intervention in disputes and increases the courts’ interface with the user. Furthermore, certain ethical principles such as transparency, accountability, impartiality and fairness take on greater significance in the court context than in private ODR, because of the association of the courts with substantive and procedural justice. As in any dispute resolution system, a coherent and effective court ODR system should be guided by dispute system design principles, which includes having clarity of the system’s underlying values and purposes. It is therefore pertinent for each court to resolve the key ethical tensions in order to articulate the foundational values that will undergird the design of its ODR system.


Dorcas Quek Anderson
Dorcas Quek Anderson is an Assistant Professor in the Singapore Management University School of Law. This research is supported by the National Research Foundation, Prime Minister’s Office, Singapore (NRF), and the Infocomm Media Development Authority (IMDA) under a grant to the Singapore Management University School of Law to helm a 5-year Research Program on the Governance of Artificial Intelligence and Data Use.
Article

The Reform and Harmonization of Commercial Laws in the East African Community

Journal European Journal of Law Reform, Issue 4 2017
Keywords law reform, harmonization of laws, commercial laws, legal transplants, East African Community
Authors Agasha Mugasha
AbstractAuthor's information

    The partner states in the East African Community (EAC) have modernized their commercial laws to claim their post-colonial identity and facilitate development. While law reform and the harmonization of laws are both methods of shaping laws, the national law reform programmes in the EAC mainly aim to ensure that the laws reflect the domestic socioeconomic circumstances, in contrast to the harmonization of national commercial laws, which focuses on the attainment of economic development. This article observes that the reformed and harmonized commercial laws in the EAC are mainly legal transplants of the principles of transnational commercial law that have been adapted to meet domestic needs and aspirations.


Agasha Mugasha
Professor of Law, University of Essex; and former Chairperson, Uganda Law Reform Commission 2011-2015.
Article

Building Better Markets

Journal International Journal of Online Dispute Resolution, Issue 1 2017
Keywords complaints, customer service, claims, market growth, consumer engagement
Authors James Walker
AbstractAuthor's information

    Customer service systems have traditionally been clunky, opaque processes that serve neither businesses nor consumers particularly well. Consumers have had to engage in extensive research to find out where they stand when things go wrong, and this has made it harder for businesses to manage their issues – an ineffective system that has cost businesses £7 billion a year. How can businesses improve this expensive model – and also improve the market for their consumers?
    Resolver occupies a unique place in the market, offering a free service to consumers that helps businesses build an insight into the behaviour of their customers. Resolver believes that trust is an important factor in building a cost-effective model of consumer resolution – not only trust in businesses, but trust in an effective market. By educating consumers as to their rights and empowering them to raise their issue in a concise, effective manner, Resolver believes that the market can benefit from increased consumer engagement and growth.


James Walker
James Walker is the founder and SCO of Resolver UK.
Article

The Use of Space Technology Export Controls as a Bargaining Solution for Sustainability

A Chicago Convention Model of Space Governance

Journal International Institute of Space Law, Issue 5 2017
Authors Gilles Doucet and Cassandra Steer
Author's information

Gilles Doucet
Gilles Doucet, Spectrum Space Security Inc.

Cassandra Steer
Cassandra Steer, Executive Director, Women in International Security-Canada.

    What is there to learn about managing conflict or negotiation that you do not already know? How can mediation techniques make a difference in achieving your personal goals and advance the objectives of your organisation even when there is no conflict? How can new skills benefit all management levels and change the role of the legal department?
    This issue of the Corporate Mediation Journal will address these and other questions. Is corporate mediation a prospect for the legal department and organisations as a whole?


Martin Brink
Martin Brink, PhD, is attorney at law, arbitrator and deputy judge at the The Hague Court of Appeals and an internationally certified mediator (MfN, IMI, CEDR Global Panel).
Article

Managing the EU Acquis

Journal European Journal of Law Reform, Issue 3 2016
Keywords EU, legislation, accessibility, updating
Authors William Robinson
AbstractAuthor's information

    EU legislation plays a key role in filling in the gaps in the framework created by the EU Treaties. The body of EU legislation known as the acquis has grown piecemeal over 60 years to a confused and confusing patchwork of over 100,000 pages. There is an urgent need for a more coherent approach to updating, condensing and revising that legislation to ensure that it is readily accessible. New mechanisms should be established for those tasks, or else the existing mechanisms should be enhanced and exploited to the full.


William Robinson
Associate Research Fellow, Institute of Advanced Legal Studies, London.

Simonetta Di Pippo
Simonetta Di Pippo is the Director of the United Nations Office for Outer Space Affairs.
Article

Access_open The 2015 Proposal for an EU Directive on the Societas Unius Personae (SUP)

Another Attempt to Square the Circle?

Journal The Dovenschmidt Quarterly, Issue 2 2015
Keywords EU law harmonisation, single member private companies, Proposed SUP Directive, European ‘trade mark’
Authors Stephan Rammeloo
AbstractAuthor's information

    Stimulating business throughout the Single Market, not in the least for Small- and Medium-Sized Enterprises (SMEs), is one of the key priorities of the EU’s ten-year growth strategy, ‘Europe 2020’. One of the strategies to achieve this goal is the recently developed legal concept of a ‘European trademark’ for single member private limited liability companies duly established under the laws of any EU Member State and complying with preconditions required by a draft Proposal for a Directive on the Societas Unius Personae (SUP). The 2015 Compromising text, having replaced the initial 2014 Draft for a Directive requires to be analysed in view of its ‘scope’ (functional and geographical reach). Furthermore, attention is given to matters of formation and ‘long distance’ registration, share capital, internal organization and functioning of company organs, the functioning of SUP’s as stand alone companies or SUP’s embedded in company group or chain structures. Critical observations inter alia focus on relinquished provisions on the SUP’s seat as well as the powers of SUP organs and on ‘national law’ creeping in the Proposed Directive more and more at the cost of legal certainty and legal coherence between EU law instruments relevant to private limited liability companies.


Stephan Rammeloo
Associate Professor EU Company Law, Private International Law and Comparative Law, Maastricht University.
Article

Process Pluralism in Transitional-Restorative Justice

Lessons from Dispute Resolution for Cultural Variations in Goals beyond Rule of Law and Democracy Development (Argentina and Chile)

Journal International Journal of Conflict Engagement and Resolution, Issue 1 2015
Keywords transitional justice, conflict resolution, process pluralism, cultural variation, individual and collective justice
Authors Carrie Menkel-Meadow
AbstractAuthor's information

    This article reviews some of the key issues in transitional justice process and institutional design, based on my research and experience working and living in several post-conflict societies, and suggests that cultural and political variations in transitional justice design, practices, and processes are necessary to accomplish plural goals. The idea of process pluralism, derived from the more general fields of conflict resolution and ‘alternative dispute resolution’ in legal contexts, is an essential part of transitional justice, where multiple processes may occur simultaneously or in sequence over time (e.g. truth and reconciliation processes, with or without amnesty, prosecutions, lustration and/or more local legal and communitarian processes), depending on both individual and collective preferences and resources. Transitional justice is itself ‘in transition’ as iterative learning has developed from assessment of different processes in different contexts (post-military dictatorships, civil wars, and international and sub-national conflicts). This article draws on examples from Argentina’s and Chile’s emergence from post-military dictatorships to describe and analyze a plurality of processes, including more formal governmental processes, but also those formed by civil society groups at sub-national levels. This article suggests that ‘democracy development’ and legalistic ‘rule of law’ goals and institutional design may not necessarily be the only desiderata in transitional justice, where more than the ‘legal’ and ‘governmental’ is at stake for more peaceful human flourishing. To use an important concept from dispute resolution, the “forum must fit the fuss”, and there are many different kinds of ‘fusses’ to be dealt with in transitional justice, at different levels of society – more than legal and governmental but also social, cultural and reparative.


Carrie Menkel-Meadow
Carrie Menkel-Meadow is Chancellor’s Professor of Law and Political Science, University of California, Irvine.
Article

Creating New Pathways to Justice Using Simple Artificial Intelligence and Online Dispute Resolution

Journal International Journal of Online Dispute Resolution, Issue 1 2015
Keywords expert system, online dispute resolution, artificial intelligence, access to justice, legal information technology
Authors Darin Thompson
AbstractAuthor's information

    Access to justice in can be improved significantly through implementation of simple artificial intelligence (AI) based expert systems deployed within a broader online dispute resolution (ODR) framework.
    Simple expert systems can bridge the ‘implementation gap’ that continues to impede the adoption of AI in the justice domain. This gap can be narrowed further through the design of multi-disciplinary expert systems that address user needs through simple, non-legalistic user interfaces.
    This article provides a non-technical conceptual description of an expert system designed to enhance access to justice for non-experts. The system’s knowledge base would be populated with expert knowledge from the justice and dispute resolution domains. A conditional logic rule-based system forms the basis of the inference engine located between the knowledge base and a questionnaire-based user interface.
    The expert system’s functions include problem diagnosis, delivery of customized information, self-help support, triage and streaming into subsequent ODR processes. Its usability is optimized through the engagement of human computer interaction (HCI) and affective computing techniques that engage the social and emotional sides of technology.
    The conceptual descriptions offered in this article draw support from empirical observations of an innovative project aimed at creating an expert system for an ODR-enabled civil justice tribunal.


Darin Thompson
Legal Counsel, BC Ministry of Justice; Adjunct Law Professor, University of Victoria; Adjunct Law Professor, Osgoode Hall Law School. Email: darinmobile@gmail.com.
Article

Using Online Arbitration in E-Commerce Disputes

A Study on B2B, B2C and C2C Disputes

Journal International Journal of Online Dispute Resolution, Issue 1 2015
Keywords online arbitration, e-commerce disputes, electronic market exchange
Authors Farzaneh Badiei
AbstractAuthor's information

    This article provides a thorough analysis of the use of online arbitration in online disputes. It first defines online arbitration and provides a categorization of its different kinds. It then establishes which category of online arbitration is more suitable for e-commerce disputes considering the nature of the disputes, the relation between the parties and the parties’ access to technology. It concludes that using binding or non-binding online arbitration depends on the existence of trust between the parties. It then goes on to analyse the extent to which online arbitration can be held on the Internet without using offline mechanisms, and concludes that this is dependent on the nature of the transaction, the parties’ access to technology and the enforcement mechanisms.


Farzaneh Badiei
Farzaneh Badiei is a PhD candidate at the Institute of Law and Economics, Hamburg University. The program is funded by the German Science Foundation. She holds an LLM from Kingston University, UK and was a visiting scholar at Syracuse University School of Information Studies, USA.
Article

Plain Language in Legal Studies

A Corpus-Based Study

Journal European Journal of Law Reform, Issue 3 2014
Keywords legal discourse, metadiscourse, epistemic modality, personalization, code glosses
Authors Michele Sala
AbstractAuthor's information

    This article investigates the influence of Plain Language in legal academic research. The Plain Language Movement (PLM) in Anglophone cultures and Common Law systems considerably affected the way legal experts and practitioners use the language in professional contexts, both in writing and in oral situations. The assumption at the basis of this investigation is that the exposure to and experience with this way of using the language in professional settings is likely to have influenced the way experts write in research-related and pedagogical contexts.
    Based on a comparison between a subcorpus of 40 research articles (RAs) written by English, American, and Australian authors and 40 RAs authored by experts working in Civil Law contexts – thus not affected (at least not so distinctively) by PLM ideology – this article seeks to establish the main differences in the two subcorpora especially at the interpersonal level of discourse and, more precisely, in the use of metadiscursive interactional strategies such as epistemic modality markers and personalization – both intended to facilitate interpretation by controlling assertiveness and lexicalizing the rhetorical figure of the author – and interactive metadiscourse markers like code glosses – which are meant to paraphrase or reformulate meaning to both simplify and bias the interpretive process.


Michele Sala
Michele Sala is a researcher in English Language and Translation at the University of Bergamo, Faculty of Foreign Languages, Literatures and Communication Studies.
Article

Making EU Legislation Clearer

Journal European Journal of Law Reform, Issue 3 2014
Keywords European Union, transparency, openness, clarity of legislation
Authors William Robinson
AbstractAuthor's information

    This article looks at the clarity of the legislation of the European Union (EU), in particular the clarity of the language used. It sketches out the basic EU rules on transparency and openness, past expressions of concern for clearer EU legislation, and the response of the institutions. Finally, it considers briefly some ways to make EU legislation clearer.


William Robinson
Associate Research Fellow at the Institute of Advanced Legal Studies, University of London, formerly coordinator in the Quality of Legislation Team of the European Commission Legal Service.
Article

Access_open Can Corporate Law on Groups Assist Groups to Effectively Address Climate Change?

A Cross-Jurisdictional Analysis of Barriers and Useful Domestic Corporate Law Approaches Concerning Group Identification and Managing a Common Climate Change Policy

Journal The Dovenschmidt Quarterly, Issue 3 2014
Authors Tineke Lambooy and Jelena Stamenkova van Rumpt
Author's information

Tineke Lambooy
Tineke Lambooy is Professor Corporate Law at Nyenrode Business University and Associate Professor Corporate Social Responsibility at Utrecht University.

Jelena Stamenkova van Rumpt
Jelena Stamenkova van Rumpt, LLM, is Advisor Responsible Investment at PGGM (Dutch Asset Manager for Pension Funds).
Article

Implementation of Better Regulation Measures in the Internal Security Draft Legislation

The Case of Estonia

Journal European Journal of Law Reform, Issue 1 2014
Keywords better regulation, internal security policy, impact assessment, participation, Estonia
Authors Aare Kasemets and Annika Talmar-Pere
AbstractAuthor's information

    The article analyses the implementation of better regulation measures in the internal security (IS) strategies, draft legislation and administrative routines of the Estonian Ministry of the Interior. The article includes the results of five substudies: (a) the research problem emerged from the studies of the explanatory memoranda of draft laws 2004-2009 according to which the Ministry has some deficiencies in fulfilling the better regulation requirements; (b) mapping of better regulation and internal security policy concepts; (c) content analysis of Estonian IS strategy documents; (d) systematization of Estonian IS laws; and (e) sociological e-survey of officials. Theoretical framework integrates the concepts of institutional theory, discursive democracy, realistic legisprudence and the adaptive strategic management.The main conclusions drawn by the article are as follows: the analysis of the knowledge of draft legislation and the excessive amount of laws in the IS field gives evidence of a lack of systematic regulatory impact assessment (IA); the concept of better regulation is not integrated into IS policy documents (insufficient planning and budgeting of IA); and a sociological e-survey of the officials of the Ministry indicates discontent with the management of the IA of policies and draft legislation. According to institutional analysis, this shows readiness for changes in the context of risk society challenges and adaptation with budgetary contractions.


Aare Kasemets
Estonian Academy of Security Sciences. Email: aare.kasemets@sisekaitse.ee.

Annika Talmar-Pere
Estonian Academy of Security Sciences.
Article

Drafting Conventions, Templates and Legislative Precedents, and their Effects on the Drafting Process and the Drafter

Journal European Journal of Law Reform, Issue 4 2013
Keywords drafting conventions, templates, legislative precedents, drafter’s skill, necessary tools for effective communication of language of legislation
Authors Agnes Quartey Papafio
AbstractAuthor's information

    The aim of this article is to explore whether drafting conventions, templates and legislative precedents contradict or complement the drafter’s style and if they complement the drafter’s style, the various ways in which the use of these tools achieves it.


Agnes Quartey Papafio
The author received her LLM Degree from the University of London, Institute of Advanced Legal Studies in 2012. She works at the Ministry of Justice and Attorney-General’s Office in Ghana as a legislative drafter attached to the Legislative Drafting Division.
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