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1
Talavera, Cano Andrés. "Regulating the Intolerance of Contractual Breaches." IUS ET VERITAS, 2017. http://repositorio.pucp.edu.pe/index/handle/123456789/123754.
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To penalize contractual breaches allows efficient allocation of risks in a contract, ensuring and maintaining the contractual equilibrium that the parties had in mind and shaped in its contractual regulation. The intelligent use of penalties will safeguard and maintain the economic balance of the contracts, thus maintaining the profitability of business operations pursued through them.Penalizar los incumplimientos permite una asignación eficiente de los riesgos en un contrato, asegurando y conservando el equilibrio contractual que las partes tuvieron en mente y plasmaron en su regulación contractual. El uso inteligente de las penalidades permitirá salvaguardar y mantener el equilibrio económico de los contratos, manteniendo así la rentabilidad de las operaciones comerciales perseguidas a través de ellos.
2
Smith, Tanshanika Turner. "Examining Data Privacy Breaches in Healthcare." ScholarWorks, 2016. https://scholarworks.waldenu.edu/dissertations/2623.
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Healthcare data can contain sensitive, personal, and confidential information that should remain secure. Despite the efforts to protect patient data, security breaches occur and may result in fraud, identity theft, and other damages. Grounded in the theoretical backdrop of integrated system theory, the purpose of this study was to determine the association between data privacy breaches, data storage locations, business associates, covered entities, and number of individuals affected. Study data consisted of secondary breach information retrieved from the Department of Health and Human Services Office of Civil Rights. Loglinear analytical procedures were used to examine U.S. healthcare breach incidents and to derive a 4-way loglinear model. Loglinear analysis procedures included in the model yielded a significance value of 0.000, p > .05 for the both the likelihood ratio and Pearson chi-square statistics indicating that an association among the variables existed. Results showed that over 70% of breaches involve healthcare providers and revealed that security incidents often consist of electronic or other digital information. Findings revealed that threats are evolving and showed that likely factors other than data loss and theft contribute to security events, unwanted exposure, and breach incidents. Research results may impact social change by providing security professionals with a broader understanding of data breaches required to design and implement more secure and effective information security prevention programs. Healthcare leaders might affect social change by utilizing findings to further the security dialogue needed to minimize security risk factors, protect sensitive healthcare data, and reduce breach mitigation and incident response costs.
3
Ho, Jean Qing Ying. "State responsibility for breaches of investment contracts." Thesis, University of Cambridge, 2015. https://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.708722.
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4
Biggs, Carl T. "Implications of transaction costs for acquisition program cost breaches." Monterey, California. Naval Postgraduate School, 2013. http://hdl.handle.net/10945/34629.
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Approved for public release; distribution is unlimitedIt is generally accepted that cost growth in federal major defense acquisition programs (MDAPs) is partially attributable to inaccurate cost estimates. Cost analysts exhaustively analyze manpower and resources to provide accurate estimates, however the influence of transaction costs is often ignored in traditional cost estimates. This thesis investigates the association between cost growth and transaction costs, the real cost of business negotiations and program management. We collect MDAP cost threshold breach data and cross reference it with a proxy for MDAP transaction costs (Systems Engineering/Program Management Costs) to determine whether a correlation exists. We use multiple logistic regression models to analyze the binary outcome of breach or no breach. The results show that for MDAPs with cost-plus contracts there is a statistically significant relation between the likelihood of a cost threshold breach occurring and the relative magnitude of the MDAPs transaction costs; no such relation exists for fixed price contracts. Although these results show an association between cost threshold breaches and transaction costs, there is no evidence of causality between these two variables and our exploration of causality is a topic for future research.
5
Vorogushyn, Sergiy. "Analysis of flood hazard under consideration of dike breaches." Phd thesis, Aachen Shaker, 2008. http://d-nb.info/994678622/04.
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6
Griffin, Tony. "Strategies to Prevent Security Breaches Caused by Mobile Devices." ScholarWorks, 2017. https://scholarworks.waldenu.edu/dissertations/4628.
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Data breaches happen almost every day in the United States and, according to research, the majority of these breaches occur due to a lack of security with organizations' mobile devices. Although most of the security policies related to mobile devices currently in place may meet the guidelines required by law, they often fail to prevent a data breach caused by a mobile device. The main purpose of this qualitative single case study was to explore the strategies used by security managers to prevent data breaches caused by mobile devices. The study population consisted of security managers working for a government contractor located in the southeastern region of the United States. Ludwig von Bertalanffy's general systems theory was used as the conceptual framework of this study. The data collection process included interviews with organization security managers (n = 5) and company documents and procedures (n = 13) from the target organization related to mobile device security. Data from the interviews and organizational documents were coded using thematic analysis. Methodological triangulation of the data uncovered 4 major themes: information security policies and procedures, security awareness, technology management tools, and defense-in-depth. The implications for positive social change from this study include the potential to enhance the organizations' security policies, cultivate a better security awareness training program, and improve the organizations data protection strategies. In addition, this study outlines some strategies for preventing data breaches caused by mobile devices while still providing maximum benefit to its external and internal customers.
7
Saber, Jennifer. "Determining Small Business Cybersecurity Strategies to Prevent Data Breaches." ScholarWorks, 2016. https://scholarworks.waldenu.edu/dissertations/4991.
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Cybercrime is one of the quickest growing areas of criminality. Criminals abuse the speed, accessibility, and privacy of the Internet to commit diverse crimes involving data and identity theft that cause severe damage to victims worldwide. Many small businesses do not have the financial and technological means to protect their systems from cyberattack, making them vulnerable to data breaches. This exploratory multiple case study, grounded in systems thinking theory and routine activities theory, encompassed an investigation of cybersecurity strategies used by 5 small business leaders in Middlesex County, Massachusetts. The data collection process involved open-ended online questionnaires, semistructured face-to-face interviews, and review of company documents. Based on methodological triangulation of the data sources and inductive analysis, 3 emergent themes identified are policy, training, and technology. Key findings include having a specific goal and tactical approach when creating small business cybersecurity strategies and arming employees with cybersecurity training to increase their awareness of security compliance. Recommendations include small business use of cloud computing to remove the burden of protecting data on their own, thus making it unnecessary to house corporate servers. The study has implications for positive social change because small business leaders may apply the findings to decrease personal information leakage, resulting from data breaches, which affects the livelihood of individuals or companies if disclosure of their data occurs.
8
Ofori-Duodu, Michael Samuel. "Exploring Data Security Management Strategies for Preventing Data Breaches." ScholarWorks, 2019. https://scholarworks.waldenu.edu/dissertations/7947.
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Insider threat continues to pose a risk to organizations, and in some cases, the country at large. Data breach events continue to show the insider threat risk has not subsided. This qualitative case study sought to explore the data security management strategies used by database and system administrators to prevent data breaches by malicious insiders. The study population consisted of database administrators and system administrators from a government contracting agency in the northeastern region of the United States. The general systems theory, developed by Von Bertalanffy, was used as the conceptual framework for the research study. The data collection process involved interviewing database and system administrators (n = 8), organizational documents and processes (n = 6), and direct observation of a training meeting (n = 3). By using methodological triangulation and by member checking with interviews and direct observation, efforts were taken to enhance the validity of the findings of this study. Through thematic analysis, 4 major themes emerged from the study: enforcement of organizational security policy through training, use of multifaceted identity and access management techniques, use of security frameworks, and use of strong technical control operations mechanisms. The findings of this study may benefit database and system administrators by enhancing their data security management strategies to prevent data breaches by malicious insiders. Enhanced data security management strategies may contribute to social change by protecting organizational and customer data from malicious insiders that could potentially lead to espionage, identity theft, trade secrets exposure, and cyber extortion.
9
Zuzak, Catherine Ann. "Liability for breaches of aviation security obligatons : a Canadian perspective." Thesis, McGill University, 1990. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=59859.
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Unlawful interference with civil aviation is one of the most pressing and worrisome problems facing the international aviation community today. In the last few decades, violations of aviation security have included acts of sabotage, bombings and bomb threats and the unlawful seizure and total destruction of aircraft in flight. Great efforts have been taken at the national and international levels to increase and standardize security measures at airports throughout the world. The fact remains, however, that even the most stringent security requirements have not been able to guard against all possible attacks.This thesis explores the private law liability issues that may arise from branches of the duty to secure airports and aircraft. The focus is on providing a global view of the principles governing suits against the two most likely defendants--the air carrier and the government--and on the policy options which could underpin civil liability. The perspective is Canadian in that it presumes that either a Canadian airport or Canadian airline has been involved in the terrorist attack.
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Kershaw, Debra S. "BOUNDARIES AND BREACHES: COMPLEXITIES AND STRATEGIES DOWN ON THE FARM." UKnowledge, 2011. http://uknowledge.uky.edu/gradschool_diss/202.
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Employing a wide range of theoretical and methodological tools, practitioners within an array of disciplines have attempted to gain new understanding about the structural changes in the agricultural system in the United States and around the world. From Agricultural Economists to Sociologists, quantitative and qualitative research has attempted to shed light on structural change in agriculture and its implications for the real lives of farmers, their families, and consumers of their goods. The current research adopts a comparative-historical approach to examining the particular affects of structural change in six counties in central Nebraska. The general theoretical frame on which this project is based is Human Ecology, as developed by Robert E. Park. It examines the importance of four environmental orders, the natural-biological, the economic, the political, and the moral-cultural. In order to ameliorate some perceived problems with Park’s stance, including a level of rigidity, his model is modified through the use of the Marxian concept of “overdetermination,” which recognizes the complex relations among a range of social processes. Overdetermination is defined in terms of the recognition of the mutually constitutive nature of all social processes, with the character of each process determined by its relationships with all other social processes.
Results suggest a very complex reality in which farmers and their families live in the 21st century. Relations were found among factors and processes both within and between Park’s environmental orders. Farm families have developed and deployed a wide range of strategies in response to structural change within each of the environmental orders. For example, some farmers invest in technology as a means to remain more competitive. Others choose production types that are more labor-intensive and less technologically based. Some farm family members seek off-farm employment or become involved in local political processes while others are involved in civic or religious organizations as a means of coping with the changes they have experienced. Social and geographic isolation impact the strategies adopted, as do natural conditions and processes, such as dominant soil type. Ultimately, this project, while it reveals a wealth of information, also raises many questions that can only be answered by the farm families themselves.
11
Robson, Jennifer van Krieken. "Understanding practitioners' responses to inequality and breaches of human rights." Thesis, Canterbury Christ Church University, 2012. http://create.canterbury.ac.uk/12166/.
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My thesis arose from a sense of frustration that the inequality and breaches of human rights experienced by children and young people were unaddressed within the education settings in which I work. Using Mills' (1959) notion of connecting the 'personal troubles of the milieu' and the 'public issues of the social structure’ I explore my own, and other’s practice, to achieve a range of alternative responses to inequality and breaches of human rights. Exploration of theoretical perspectives shows that different conceptual positions (e.g. equality of condition, Baker et al 2004; capability equality, Sen, 1999; social justice Gewirtz, 1998 and Gerwirtz and Cribb, 2002) can be used to reduce inequality and promote human rights. Human rights can be viewed as ‘complex problems’ (Freeman, 2002) in the way they relate to human needs; they are seen as entitlements or obligations and viewing rights as universal is conditional on the nature of an acceptable ethic (Sen, 1999) or a person’s moral nature (Donnelly, 2003). Human rights can be realised through the social relations and struggles to overcome oppression (Landmann, 2006). Such conceptualisations support practitioners in understanding the operation of human rights. Using qualitative research methodology I conduct a series of case studies that emerged from the dilemmas within my own practice. As an 'insider researcher' (Costley, Elliott and Gibbs, 2010) I use interview and participant observation as tools to collect data revealing multiple narratives and perspectives on each case (Holliday, 2007). Through a journal I explore the tensions in the relationship between researcher and practitioner; I analyse experiences by considering them as ‘problematic, routine or ritual like’ (Denzin, 1989) and this brings new perspectives on my struggles to address injustice. My findings suggest that practitioners display a sense of ‘moral ambiguity' (Bauman, 1993) or ‘moral stasis’ (Mills, 1959). I argue discourse obscures and validates (at an institutional level) inequality and breaches of human rights. Some practitioners resisted the dominant negative discourses and presented alternative responses; others retreated into their personal space where they protected the familiar and struggled to challenge a negative discourse. They positioned the unfamiliar as the ‘other’, the ‘stranger’ or the ‘vagabond’ (Bauman 1993, 1997). Alternative responses could be formed through opportunities for debate and discussion by moving from the ‘mass’ to the ‘public’ (Mills, 1956). Practitioners' engagement in narratives of injustice (Osler and Zhu, 2011) enables greater understanding of injustice, inequality and rights. As a result practitioners problematize issues and identify actions realisable within their own realm of practice (Gewirtz and Cribb, 2002 and Sen, 2009).
12
Varuhas, Jason Nicholas Euripide. "Damages for breaches of human rights : a tort-based approach." Thesis, University of Cambridge, 2011. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.609692.
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Polanco, Pinerez G. C. "Phase change within flows from breaches of liquefied gas pipelines." Thesis, Coventry University, 2008. http://curve.coventry.ac.uk/open/items/b374a447-1db1-b578-7424-a5e485b28f4f/1.
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This thesis presents a compendium of work on superheated liquid releases. Superheated liquid releases are often subject to flashing. Nucleation has been identified as an important process in the early stage of flashing. The presence of strong nucleation and therefore flashing depends on the output of the balance of the promoting forces and dissipation forces inside the fluid released. A one dimensional model to classify the type of jet to be formed after the release has been developed based on the balance of these forces. The analysis is based on the assumption that the nucleation process can be modelled as a second order damped system. The model parameters are defined as a function of the pressure, temperature, fluid properties and geometric characteristic of the system. The results obtained have good agreement with the experimental results available for releases of different fluids, including both hydrocarbons and water. The calculation of the velocity discharge, void fraction and mass flow of a flashing jet generated after the release is made based on the thermodynamics jump formulation approach. Due to the nature of the nucleation process, the assumptions of adiabatic flow with non reversible work for the surface tension forces are made. Those considerations are found to be more realistic that the isentropic condition used until now by different authors. Numerical techniques are only applied after the flashing jet is formed, no droplets generation or vapour generation are included. Droplets are imposed as part of the boundary conditions of a gas jet. Droplets transport mechanics and momentum exchange with the gas current is made using Droplet Disperse Model (DDM) on the commercial code Fluent Ò. DDM determines the distribution of the disperse phase over the continuous phase using a Lagrangian Eulerian approach. The influence of velocity, the dimension of the nozzle and mass flow used in the CFD modelling were analysed. Nozzle dimensions have a large impact on the core region length of the velocity profile. The k −e turbulent model was used. As expected, the numerical results do approach experimental values in the far region, suggesting that the momentum of the two phase jet is conserved. The one dimensional model thus provides the necessary boundary conditions for the application of numerical methods to superheated liquid releases including flashing.
14
Kongnso, Fedinand Jaiventume. "Best Practices to Minimize Data Security Breaches for Increased Business Performance." ScholarWorks, 2015. https://scholarworks.waldenu.edu/dissertations/1825.
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In the United States, businesses have reported over 2,800 data compromises of an estimated 543 million records, with security breaches costing firms approximately $7.2 million annually. Scholars and industry practitioners have indicated a significant impact of security breaches on consumers and organizations. However, there are limited data on the best practices for minimizing the impact of security breaches on organizational performance. The purpose of this qualitative multicase study was to explore best practices technology leaders use to minimize data security breaches for increased business performance. Systems theory served as the conceptual framework for this study. Fourteen participants were interviewed, including 2 technology executives and 5 technical staff, each from a banking firm in the Northcentral United States and a local government agency in the Southcentral United States. Data from semistructured interviews, in addition to security and privacy policy statements, were analyzed for methodological triangulation. Four major themes emerged: a need for implementation of security awareness education and training to mitigate insider threats, the necessity of consistent organization security policies and procedures, an organizational culture promoting data security awareness, and an organizational commitment to adopt new technologies and innovative processes. The findings may contribute to the body of knowledge regarding best practices technology leaders can use for securing organizational data and contribute to social change since secure organizational data might reduce consumer identity theft.
15
Vorogushyn, Sergiy [Verfasser]. "Analysis of flood hazard under consideration of dike breaches / Sergiy Vorogushyn." Aachen : Shaker, 2009. http://d-nb.info/1156517923/34.
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Fahy, Patrick. "State obligations to prevent breaches of Article 3 by non-state actors." Thesis, Queen's University Belfast, 2014. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.673848.
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The thesis examines an area of human rights law where the author contends there is serious doctrinal imprecision and decisional inconsistency in the jurisprudence of the European Court of Human Rights; in the principles and practice applied in relation to the State's obligations under Article 3 of the European Convention on Human Rights to provide operational protection for At1icle 3 rights. The thesis relates this problem back to the failure of the European Court of Human Rights in the case of Osman v United Kingdom to sufficiently define the relationship between the notion of effectiveness and the concept of reasonableness, both of which elements were described in the case as being applicable in interpretation of the State's obligations. In consequence of this failure, and for other reasons peculiar to United Kingdom jurisprudence, the thesis suggests that United Kingdom courts when charged with independently interpreting the requirements of At1icle 3 have consistently done so on the basis that the concept of reasonableness stands alone, and denotes a leeway or discretion to the State in the performance of its established obligations. It argues that this approach disregards the linkage expressly made between reasonableness and effectiveness in Osman and in other Cout1 jurisprudence on the issue. The thesis contends that the sufficiency of the State's performance of its At1icle 3 obligations must be judged on the basis of its effectiveness, such judgment to be carried out applying the concept of reasonableness. In this way, the unqualified status of the At1icle 3 rights can be upheld, without placing unreasonable burdens on the State. To this end, the thesis proposes that the Cout1 should adopt a two-stage process in its examination of claims to the benefit of Article 3 rights to operational protection; through which the issue of establishment of the rights and obligations is clearly separated from the issue of the content of established rights. Only in this way, the thesis argues, can the principles applicable to each of these areas be identified and properly applied. The thesis rules out any role for the notion of a discretion which would prevent the Court examining substantively the quality of the State's performance of its obligation.
17
Osei-Amanfi, Michael. "A Case Study Exploration of Strategies to Avoid Cloud Computing Data Breaches." Thesis, Grand Canyon University, 2019. http://pqdtopen.proquest.com/#viewpdf?dispub=13423232.
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The purpose of this qualitative single case study was to explore the available strategies IT leaders at ABC, a Managed IT Services company in the SME sector in Columbus, Ohio, may use to avoid data breaches in the cloud environment. The security framework established by the Cloud Security Alliance (CSA) provided the conceptual framework for this study. A purposeful sampling strategy was used to select 10 IT leaders to participate in the study. Data were gathered through open-ended, semi-structured individual face-to-face interviews, asynchronous discussions through e-mails, and reviews of company-provided documents. An inductive thematic analysis was used to analyze all the data collected in the study. The following six major themes emerged from the data relating to descriptions of the data security threats and vulnerabilities facing IT leaders in the cloud, and the strategies they may use to avoid a breach of their data: (1) managing the human factor, (2) managing the network environment, (3) types of data security threats, (4) people pose the most significant risk, (5) elements of an effective strategy, and (6) addressing password issues. The results indicated that IT leaders face multifaceted data security threats in the cloud and these could be addressed through a combination of strategies including user education, securing the network, limiting user access to IT resources, and addressing password issues.
18
Laoh, Arnold. "The availability of international judicial review of government breaches of human rights." Thesis, Laoh, Arnold (2006) The availability of international judicial review of government breaches of human rights. PhD thesis, Murdoch University, 2006. https://researchrepository.murdoch.edu.au/id/eprint/144/.
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The main objective of this thesis is to provide description, analysis and criticism on the existing international instruments for the promotion of respect and protection of human rights, as well as a suggestion to the international community through the United Nations mechanism to adopt an additional legal instrument as a complementary procedure. This, in turn, should serve as an extra-pressure upon the State governments to bring their internal legal system in the same line as the international standards for the protection of human rights.
It is being argued in this work that the current international procedures available to individual alleging their human rights have been abused by State are no longer sufficient and therefore another procedure should be introduced and put into place. The chapter The Case of Indonesia serves as a good (or bad?) example of State abusive conduct and remain untouchable under international mechanisms. Despite gross and systematic violations of human rights Indonesian government is still immune due to executive-heavy legislation system, restricted judicial review as a result of a corrupt judiciary and impunity of government and other public agencies.
The study fvstly concentrates on the procedures available at international level for dealing with individual complaint alleging human rights violations. Different procedures both under Charter and treaty provisions are analysed in the attempt to describe their advantages and disadvantages. Two Charter-based procedures dealt with in the discussion cover the communication procedure under the United Nations Economic and Social Council (ECOSOC) which includes the 1503 procedure. Treaty-based procedures are given special attention in this thesis which include the procedure before the Human Rights Committee (HRC), the Committee on the Elimination of Racial Discrimination (CERD), the Committee against Torture (CAT) and the Committee on the Elimination of Discrimination against Women (CEDAW).
The discussion further presents a critical appraisal of those procedures in which the limitations and weaknesses of the procedures are analysed followed by the suggestion to adopt an additional procedure to complement the current mechanisms available to individual seeking remedies for human rights violations. The limitations of the procedures featured largely by the fact that the decisions resulted from those procedures are legally non-binding. And this all what an individual can receive after being allowed to bring hisher petition before the Committee. Before one is permitted to communicate with one of the Committee hetshe must first meet all the conditions of admissibility. The condition exhaustion of all domestic remedies can virtually be seen as a hindrance for individual to communicate with the Committee. In order to support this argument several decisions on several individual complaints handed down by the HRC are presented in this study.
Finally, the study introduces a complementary procedure called International Judicial Review by which the State Constitutions and legislation can be examined whether or not they are in conformity with international human rights standards and norms. If found inconsistent the Constitutions or legislation must be declared invalid. The power to review is given to the International Court of Justice (ICJ) as the principal judicial organ of The United Nations. And as a World Court the decision made by the ICJ has legally binding power.
19
Laoh, Arnold. "The availability of international judicial review of government breaches of human rights." Laoh, Arnold (2006) The availability of international judicial review of government breaches of human rights. PhD thesis, Murdoch University, 2006. http://researchrepository.murdoch.edu.au/144/.
Full textAbstract:
The main objective of this thesis is to provide description, analysis and criticism on the existing international instruments for the promotion of respect and protection of human rights, as well as a suggestion to the international community through the United Nations mechanism to adopt an additional legal instrument as a complementary procedure. This, in turn, should serve as an extra-pressure upon the State governments to bring their internal legal system in the same line as the international standards for the protection of human rights.
It is being argued in this work that the current international procedures available to individual alleging their human rights have been abused by State are no longer sufficient and therefore another procedure should be introduced and put into place. The chapter The Case of Indonesia serves as a good (or bad?) example of State abusive conduct and remain untouchable under international mechanisms. Despite gross and systematic violations of human rights Indonesian government is still immune due to executive-heavy legislation system, restricted judicial review as a result of a corrupt judiciary and impunity of government and other public agencies.
The study fvstly concentrates on the procedures available at international level for dealing with individual complaint alleging human rights violations. Different procedures both under Charter and treaty provisions are analysed in the attempt to describe their advantages and disadvantages. Two Charter-based procedures dealt with in the discussion cover the communication procedure under the United Nations Economic and Social Council (ECOSOC) which includes the 1503 procedure. Treaty-based procedures are given special attention in this thesis which include the procedure before the Human Rights Committee (HRC), the Committee on the Elimination of Racial Discrimination (CERD), the Committee against Torture (CAT) and the Committee on the Elimination of Discrimination against Women (CEDAW).
The discussion further presents a critical appraisal of those procedures in which the limitations and weaknesses of the procedures are analysed followed by the suggestion to adopt an additional procedure to complement the current mechanisms available to individual seeking remedies for human rights violations. The limitations of the procedures featured largely by the fact that the decisions resulted from those procedures are legally non-binding. And this all what an individual can receive after being allowed to bring hisher petition before the Committee. Before one is permitted to communicate with one of the Committee hetshe must first meet all the conditions of admissibility. The condition exhaustion of all domestic remedies can virtually be seen as a hindrance for individual to communicate with the Committee. In order to support this argument several decisions on several individual complaints handed down by the HRC are presented in this study.
Finally, the study introduces a complementary procedure called International Judicial Review by which the State Constitutions and legislation can be examined whether or not they are in conformity with international human rights standards and norms. If found inconsistent the Constitutions or legislation must be declared invalid. The power to review is given to the International Court of Justice (ICJ) as the principal judicial organ of The United Nations. And as a World Court the decision made by the ICJ has legally binding power.
20
Zhou, Lei. "The value of security audits, asymmetric information and market impact of security breaches." College Park, Md. : University of Maryland, 2004. http://hdl.handle.net/1903/1736.
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Thesis (Ph. D.) -- University of Maryland, College Park, 2004.Thesis research directed by: Business and Management. Title from t.p. of PDF. Includes bibliographical references. Published by UMI Dissertation Services, Ann Arbor, Mich. Also available in paper.
21
Ayereby, Manouan Pierre-Marius. "Overcoming Data Breaches and Human Factors in Minimizing Threats to Cyber-Security Ecosystems." ScholarWorks, 2018. https://scholarworks.waldenu.edu/dissertations/6163.
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This mixed-methods study focused on the internal human factors responsible for data breaches that could cause adverse impacts on organizations. Based on the Swiss cheese theory, the study was designed to examine preventative measures that managers could implement to minimize potential data breaches resulting from internal employees' behaviors. The purpose of this study was to provide insight to managers about developing strategies that could prevent data breaches from cyber-threats by focusing on the specific internal human factors responsible for data breaches, the root causes, and the preventive measures that could minimize threats from internal employees. Data were collected from 10 managers and 12 employees from the business sector, and 5 government managers in Ivory Coast, Africa. The mixed methodology focused on the why and who using the phenomenological approach, consisting of a survey, face-to-face interviews using open-ended questions, and a questionnaire to extract the experiences and perceptions of the participants about preventing the adverse consequences from cyber-threats. The results indicated the importance of top managers to be committed to a coordinated, continuous effort throughout the organization to ensure cyber security awareness, training, and compliance of security policies and procedures, as well as implementing and upgrading software designed to detect and prevent data breaches both internally and externally. The findings of this study could contribute to social change by educating managers about preventing data breaches who in turn may implement information accessibility without retribution. Protecting confidential data is a major concern because one data breach could impact many people as well as jeopardize the viability of the entire organization.
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au, adt@murdoch edu, and Arnold Laoh. "The availability of international judicial review of government act for breaches of human rights." Murdoch University, 2002. http://wwwlib.murdoch.edu.au/adt/browse/view/adt-MU20061122.131327.
Full textAbstract:
The main objective of this thesis is to provide description, analysis and criticism on
the existing international instruments for the promotion of respect and protection of
human rights, as well as a suggestion to the international community through the
United Nations mechanism to adopt an additional legal instrument as a
complementary procedure. This, in turn, should serve as an extra-pressure upon the
State governments to bring their internal legal system in the same line as the
international standards for the protection of human rights.
It is being argued in this work that the current international procedures available to
individual alleging their human rights have been abused by State are no longer
sufficient and therefore another procedure should be introduced and put into place.
The chapter "The Case of Indonesia" serves as a good (or bad?) example of State
abusive conduct and remain "untouchable" under international mechanisms.
Despite gross and systematic violations of human rights Indonesian government is
still immune due to executive-heavy legislation system, restricted judicial review as a
result of a corrupt judiciary and impunity of government and other public agencies.
The study fvstly concentrates on the procedures available at international level for
dealing with individual complaint alleging human rights violations. Different
procedures both under Charter and treaty provisions are analysed in the attempt to
describe their advantages and disadvantages. Two Charter-based procedures dealt
with in the discussion cover the communication procedure under the United Nations
Economic and Social Council (ECOSOC) which includes the "1503" procedure.
Treaty-based procedures are given special attention in this thesis which include the
procedure before the Human Rights Committee (HRC), the Committee on the
Elimination of Racial Discrimination (CERD), the Committee against Torture
(CAT) and the Committee on the Elimination of Discrimination against Women
(CEDAW).
The discussion further presents a critical appraisal of those procedures in which the
limitations and weaknesses of the procedures are analysed followed by the suggestion
to adopt an additional procedure to complement the current mechanisms available
to individual seeking remedies for human rights violations. The limitations
of the procedures featured largely by the fact that the decisions resulted from those
procedures are legally non-binding. And this all what an individual can receive after
being allowed to bring hisher petition before the Committee. Before one is
permitted to communicate with one of the Committee hetshe must first meet all the
conditions of admissibility. The condition "exhaustion of all domestic remedies" can
virtually be seen as a hindrance for individual to communicate with the Committee.
Jn order to support this argument several decisions on several individual complaints
handed down by the HRC are presented in this study.
Finally, the study introduces a complementary procedure called International
Judicial Review by which the State Constitutions and legislation can be examined
whether or not they are in conformity with international human rights standards
and norms. If found inconsistent the Constitutions or legislation must be declared
invalid. The power to review is given to the International Court of Justice (ICJ) as
the "principal judicial organ of The United Nations". And as a World Court the
decision made by the ICJ has legally binding power.
23
Bellefeuille, Cynthia Lynn. "Quantifying and managing the risk of information security breaches participants in a supply chain." Thesis, Massachusetts Institute of Technology, 2005. http://hdl.handle.net/1721.1/33313.
Full textAbstract:
Thesis (M. Eng. in Logistics)--Massachusetts Institute of Technology, Engineering Systems Division, 2005.Includes bibliographical references (leaf 70).
Technical integration between companies can result in an increased risk of information security breaches. This thesis proposes a methodology for quantifying information security risk to a supply chain participant. Given a system responsible for supply chain interaction and the vulnerabilities attributed to the system, the variables that determine the probability and severity of security incidents were used to create a model to quantify the risk within three hypothetical information systems. The probability of an incident occurring was determined by rating the availability and ease of performing an exploit, the attractiveness of the target and an estimate of the frequency of the attack occurring Internet wide. In assigning a monetary value to the incident, the outcome from an attack was considered in terms of the direct impact on the business process and the potential impact on partnerships. A method for determining mitigation strategies was then proposed based on a given set of monetary constraints and the realization of corporate security policy.
by Cynthia Lynn Bellefeuille.
M.Eng.in Logistics
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Almajed, Yasser M. "A framework for an adaptive early warning and response system for insider privacy breaches." Thesis, De Montfort University, 2015. http://hdl.handle.net/2086/11129.
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Organisations such as governments and healthcare bodies are increasingly responsible for managing large amounts of personal information, and the increasing complexity of modern information systems is causing growing concerns about the protection of these assets from insider threats. Insider threats are very difficult to handle, because the insiders have direct access to information and are trusted by their organisations. The nature of insider privacy breaches varies with the organisation’s acceptable usage policy and the attributes of an insider. However, the level of risk that insiders pose depends on insider breach scenarios including their access patterns and contextual information, such as timing of access. Protection from insider threats is a newly emerging research area, and thus, only few approaches are available that systemise the continuous monitoring of dynamic insider usage characteristics and adaptation depending on the level of risk. The aim of this research is to develop a formal framework for an adaptive early warning and response system for insider privacy breaches within dynamic software systems. This framework will allow the specification of multiple policies at different risk levels, depending on event patterns, timing constraints, and the enforcement of adaptive response actions, to interrupt insider activity. Our framework is based on Usage Control (UCON), a comprehensive model that controls previous, ongoing, and subsequent resource usage. We extend UCON to include interrupt policy decisions, in which multiple policy decisions can be expressed at different risk levels. In particular, interrupt policy decisions can be dynamically adapted upon the occurrence of an event or over time. We propose a computational model that represents the concurrent behaviour of an adaptive early warning and response system in the form of statechart. In addition, we propose a Privacy Breach Specification Language (PBSL) based on this computational model, in which event patterns, timing constraints, and the triggered early warning level are expressed in the form of policy rules. The main features of PBSL are its expressiveness, simplicity, practicality, and formal semantics. The formal semantics of the PBSL, together with a model of the mechanisms enforcing the policies, is given in an operational style. Enforcement mechanisms, which are defined by the outcomes of the policy rules, influence the system state by mutually interacting between the policy rules and the system behaviour. We demonstrate the use of this PBSL with a case study from the e-government domain that includes some real-world insider breach scenarios. The formal framework utilises a tool that supports the animation of the enforcement and policy models. This tool also supports the model checking used to formally verify the safety and progress properties of the system over the policy and the enforcement specifications.
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Garringer, James. "The Role of Protocol Analysis in Cybersecurity| Closing the Gap on Undetected Data Breaches." Thesis, Utica College, 2018. http://pqdtopen.proquest.com/#viewpdf?dispub=10974156.
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Organizations of all sizes are targets for a cyberattack. Undetected data breaches result in the catastrophic loss of personally identifiable information (PII) causing considerable financial and reputation harm to organizations, while also imposing a risk of identity fraud to consumers. The purpose of this study was to consider the impact that undetected data breaches have on organizations with an additional focus on shortening the gap between the time of data breach and the time of detection through manual protocol analysis and intrusion detection system (IDS) solutions. This research reviewed the available literature detailing the effects of undetected data breaches on organizations as well as the advanced exploitation of protocols and anomaly detection through manual protocol analysis and IDS.
Manual protocol analysis provides situational anomaly detection when compared to baseline network traffic, but implies privacy concerns and does not allow timely detection of most cyberattacks. Automated IDS stream-based flows allow quicker detection of cyberattacks. Network flow-based IDS misses hidden attacks due to lack of a data payload requiring manual analysis instead, while host-based IDS adversely affects the performance of the host computer, but successfully identifies anomalies based on known signatures. This study recommended a complementary defense-in-depth solution which employs manual protocol analysis and both host-based and network-based IDS solutions as a viable strategy for reducing the time between data breach and time of detection. This study additionally recommended that security operation center personnel and IT departments should receive protocol analysis training to support manual detection against a known network traffic baseline.
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Sleep, Lyndal. "Pulling down their breaches : An analysis of Centrelink breach and appeal numbers from 1996 to 2001 using a case study of a single Centrelink office." Thesis, Edith Cowan University, Research Online, Perth, Western Australia, 2003. https://ro.ecu.edu.au/theses/1322.
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This thesis is about current Centrelink breach and appeal figures. It is also about the current conservative neo-liberalising climate of Australian social policy reforms, with which they are inextricably connected. It shows that while Centrelink breach numbers have increased more than three fold since 1996, formal appeals against Centrelink decisions have not increased similarly. This thesis asks: what might this mean? It answers this question through a single case study of a Centrelink office. Data was collected using individual focused interviews, documents collected from the site, and direct observation (including a map of the office drawn by the researcher). Various possible interpretations drawn from the social policy literature were evaluated in relation to the case study findings. Interpretations included the neo-liberals, advocates, new-contractualism, the view that surveillance is oppressive and an interpretation that draws from the work of Michel Foucault. The thesis found that Foucault's work on discipline and governmentality - particularly his ideas about surveillance and individualisation-was the most relevant interpretation of Centrelink breaching and appeals to the case study data. Much evidence was found for these governing techniques, and their imperfection. The thesis concludes that the current conservative neo-liberal based reforms, including the new breach regime, show undue confidence about their ability to govern individual Centrelink clients.
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DeZulueta, Monica. "A novel neural network based system for assessing risks associated with information technology security breaches." FIU Digital Commons, 2004. http://digitalcommons.fiu.edu/etd/2791.
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Security remains a top priority for organizations as their information systems continue to be plagued by security breaches. This dissertation developed a unique approach to assess the security risks associated with information systems based on dynamic neural network architecture. The risks that are considered encompass the production computing environment and the client machine environment. The risks are established as metrics that define how susceptible each of the computing environments is to security breaches.
The merit of the approach developed in this dissertation is based on the design and implementation of Artificial Neural Networks to assess the risks in the computing and client machine environments. The datasets that were utilized in the implementation and validation of the model were obtained from business organizations using a web survey tool hosted by Microsoft. This site was designed as a host site for anonymous surveys that were devised specifically as part of this dissertation. Microsoft customers can login to the website and submit their responses to the questionnaire.
This work asserted that security in information systems is not dependent exclusively on technology but rather on the triumvirate people, process and technology. The questionnaire and consequently the developed neural network architecture accounted for all three key factors that impact information systems security.
As part of the study, a methodology on how to develop, train and validate such a predictive model was devised and successfully deployed. This methodology prescribed how to determine the optimal topology, activation function, and associated parameters for this security based scenario. The assessment of the effects of security breaches to the information systems has traditionally been post-mortem whereas this dissertation provided a predictive solution where organizations can determine how susceptible their environments are to security breaches in a proactive way.
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Washington, Kevin D. "The impact of data breaches on market value of firms in the E-Commerce marketplace." Thesis, Capella University, 2016. http://pqdtopen.proquest.com/#viewpdf?dispub=10102712.
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Using a sample of information and security data breaches the present research examines the public announcement impact between Brick and Mortar firms and E-Commerce firms. The dissertation initially analyzes the effects of publicly announced information and security breaches on abnormal stock returns, abnormal trading volume, and firm risk. The dissertation then analyzes differential impact between Brick and Mortar firms and E-Commerce firm’s market value following a data breach. Using a sample size of 38 information security breaches, E-Commerce firms resulted in more negative abnormal stock returns than Brick and Mortar firms. While data breach announcements did not significantly impact retail firms as a whole, they did have a significant impact when broken into the subsets. E-Commerce firms that announced an information security breach experienced abnormal trading volume.
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Gadirova, Nurlana. "The Impacts of Cyberattacks on Private Firms' Cash Holdings." Thesis, Université d'Ottawa / University of Ottawa, 2021. http://hdl.handle.net/10393/41924.
Full textAbstract:
This research investigates 202 data breach events occurring between 2015 and 2019 and the related financial effects on the USA's impacted private firms. From examining previous research, it is obvious that no known studies evaluate the financial impacts of cybercrimes on private firms. Prior studies mostly focus on public firms and stock market reactions even though there is the increasing number of cyberattacks on private firms too. This study seeks to fill the gap by providing the empirical evidence of the impacts on those firms' cash holding after experiencing a cybersecurity attack. Overall, the results of this research show if the private firms that have been cyberattacked face the connate aftermath and follow the similar precautions as public firms with data breaches or not. I find that the firms that experienced an attack two years ago increase their cash holdings significantly, while an attack that happened a year ago can only impact cash holdings while interacting with tangibility and ROA of a firm. These results are essential as the private firms draw up a budget and reform strategies for coping with cyber incidents.
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Betz, Linda. "An Analysis of the Relationship between Security Information Technology Enhancements and Computer Security Breaches and Incidents." NSUWorks, 2016. http://nsuworks.nova.edu/gscis_etd/960.
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Financial services institutions maintain large amounts of data that include both intellectual property and personally identifiable information for employees and customers. Due to the potential damage to individuals, government regulators hold institutions accountable for ensuring that personal data are protected and require reporting of data security breaches. No company wants a data breach, but finding a security incident or breach early in the attack cycle may decrease the damage or data loss a company experiences. In multiple high profile data breaches reported in major news stories over the past few years, there is a pattern of the adversary being inside the company’s network for months, and often law enforcement is the first to inform the company of the breach.
The problem that was investigated in this case study was whether new information technology (IT) utilized by Fortune 500 financial services companies led to the changes in data security incidents and breaches. The goal of this dissertation is to gain a deeper understanding on how IT can increase awareness of a security incident or breach, and can also decrease security incidents and breaches. This dissertation also explores how threat information sharing increases awareness and decreases information security incidents and breaches. The objective of the study was to understand how changes in IT can influence an increase or decrease in data security breaches.
This investigation was a case study of nine Fortune 500 financial services companies to understand what types of IT increase or decrease detection of security incidents and breaches. An increase in detecting and stopping a security incident or breach may have positive effects on the security of an enterprise. The longer a hacker has access to IT systems, the more entrenched they become and the more time the hacker has to locate data with high value. Time is of the essence to detect a compromise and react. The results of the case study showed that Fortune 500 companies utilized new IT that allowed them to improve their visibility of security incidents and breaches from months and years to hours and days.
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Paddeu, Federica Isabella. "General defences to breaches of international law : justification and excuse in the law of state responsibility." Thesis, University of Cambridge, 2014. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.648758.
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Cameron, Calla. "Grave Breaches: American Military Intervention in the Late Twentieth- Century and the Consequences for International Law." Scholarship @ Claremont, 2017. http://scholarship.claremont.edu/cmc_theses/1677.
Full textAbstract:
The duality of the United States’ relationship with international criminal law and human rights atrocities is a fascinating theme that weaves through all of American history, but most distinctly demonstrates the contradictory nature of American foreign policy in the latter half of the 20th century. America is both protector of human rights and perpetrator of human rights atrocities, global police force and aggressor. The Cold War exacerbated the tensions caused by American military dominance. The international political and physical power of the American military allowed the United States to do as it pleased in the 20th century with few consequences, but that power also brought watchfulness from the global community and an expectation that the United States would intervene when rogue states or leaders committed crimes against humanity. The international legal community has expected the United States to act and illegally intervene in some situations, but to pursue policy changes peacefully through diplomatic channels on other occasions.
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Pelletier, Justin M. "Effects of Data Breaches on Sector-Wide Systematic Risk in Financial, Technology, Healthcare and Services Sectors." Thesis, Capella University, 2017. http://pqdtopen.proquest.com/#viewpdf?dispub=10615009.
Full textAbstract:
This research informs an ongoing debate regarding a firm’s incentives to invest in information security. Previous research reported that data breaches have had a decreasing impact on a company’s stock price over time, leading researchers to conclude that market-based incentives are decreasingly effective. Some information security economists also suggested that further regulation is necessary because they found that capital market participants poorly accounted for the spillover effects of a breach—the effects of a breach that are external to the breached company. However, some studies indicate that sector-wide systematic risk could measure spillover effects and that the effects of a data breach on systematic risk may have changed over time. The purpose of this study was to quantitatively describe the relationship between the data breach of a firm and changes to the systematic risk of that firm’s sector. This dissertation used event studies of sector-wide systematic risk within American stock markets to measure the external effects of breaches that occurred in companies within the financial, technology, healthcare and services sectors. The use of a repeated measures analysis of variance between those event studies allowed examination of longitudinal changes to sector-wide systematic risk between 2006 through 2016. This analysis found that the breach of an individual company had a significant impact on the systematic risk for that company’s entire sector (1.08% in 2016) and that these impacts have increased over time (p = 0.015). The results were consistent across all measured sectors, without any significant correlation attributable to the scope of the breach. Together, these findings suggest that market forces are increasingly incentivizing sector-wide investment in information security. Further research should consider the potential for government enforced meta-regulation of sector defined information security standards.
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Asiri, Mohammed. "Three Essays in Investment Efficiency, Accounting Reporting Complexity, and Cybersecurity Breaches: Evidence from Corporate Tax Avoidance." Thesis, Curtin University, 2021. http://hdl.handle.net/20.500.11937/83671.
Full textAbstract:
This thesis comprises three essays that examine the association between corporate tax avoidance and investment efficiency, accounting reporting complexity (ARC) and cybersecurity breaches (CSBs). The results of this study indicate that there is a positive association between corporate tax avoidance and investment inefficiency. It is also found that the association is mediated by financial statement readability, financial statement comparability and product market competition. It is found that ARC is associated positively with firms’ reporting of UTBs. Additionally, the use of industry-specialist auditors magnifies the positive association between ARC and UTBs. It is found that there is a positive and significant association between the occurrence of cybersecurity breaches and corporate tax avoidance in both the full sample and the propensity score matched sample.
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Lee, Foong Mee, and n/a. "Remedies and sanctions against corporate officers for breaches of duties under part 3.2 of the corporations law." University of Canberra. Law, 1994. http://erl.canberra.edu.au./public/adt-AUC20050523.102418.
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The subject of sanctions and remedies against corporate officers for breaches of the
provisions in the Corporations Law is an area of the law which has been largely
neglected by the legislature. Although there have been several legislative reforms on
remedies since the Corporations Law came into force, those reforms were ad hoc in
nature and no attempt has been made to carry out a comprehensive review to assess the
effectiveness of the existing sanctions and remedies in context of the needs of
contemporary society. In consequence, there is increasing concern that the remedies
employed in Australia for breaches of the Corporations Law are inadequate, inconsistent,
out-dated and are confined within a narrow range.
This thesis seeks to evaluate the current package of sanctions and remedies provided
under Part 3.2 of the Corporations Law. As part of this exercise, comparative studies
are made with the remedies of other jurisdictions. The provisions for sanctions in Part
3.2 are measured against parallel provisions in the Crimes Act of the Commonwealth and
of New South Wales and Victoria. They are also measured against corresponding
provisions in selected foreign jurisdictions. A further comparison is made between the
traditional civil remedies under the common law and those in the Corporations Law.
The evaluation of the sanctioning regime in Part 3.2 is made against the criteria
appropriateness, adequacy, consistency and accessibility. This thesis discusses the need
for a complete re-assessment of the penalty structure to bring the remedies in line with
community expectations.
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Hicks, Andrew David. "Conceptualising the constructive trust : a new approach and its specific application to acquisitive breaches of fiduciary obligation." Thesis, University of Hull, 2007. http://hydra.hull.ac.uk/resources/hull:6437.
Full textAbstract:
In this thesis I examine the conceptual nature of the constructive trust. In particular I provide a critique of those contemporary theories which view the conceptual choice as one of clear alternatives between the "institutional" and "remedial" constructive trust. Having rejected these unhelpful and somewhat confusing alternatives a new framework for analysis is proposed. The aim of the proposal is to facilitate the reaching of normatively desirable results within a framework that is coherent, rational and illuminating. The framework is applied (and its benefits illustrated) in the second half of the thesis, which focuses on the specific context of acquisitive breaches of fiduciary obligation.
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Waddell, Stanie Adolphus. "A Study of the Effect of Information Security Policies on Information Security Breaches in Higher Education Institutions." NSUWorks, 2013. http://nsuworks.nova.edu/gscis_etd/331.
Full textAbstract:
Many articles within the literature point to the information security policy as one of the most important elements of an effective information security program. Even though this belief is continually referred to in many information security scholarly articles, very few research studies have been performed to corroborate this sentiment. Doherty and Fulford undertook two studies in 2003 and in 2005 respectively that sought to catalogue the impact of the information security policy on breaches at businesses in the United Kingdom. The pair went on to call for additional studies in differing industry segments.
This dissertation built upon Doherty and Fulford (2005). It sought to add to the body of knowledge by determining the statistical significance of the information security policy on breaches within Higher education. This research was able to corroborate the findings from Doherty and Fulford's original research. There were no observed statistically significant relationships between information security policies and the frequency and severity of information security breaches. This study also made novel contributions to the body of knowledge that included the analysis of the statistical relationships between information security awareness programs and information security breaches.
This effort also analyzed the statistical relationships between information security policy enforcement and breaches. The results of the analysis indicated no statistically significant relationships. Additionally, this research observed that while information security policies are heavily utilized by colleges and universities, security awareness training is not heavily employed by institutions of higher education. This research noted that many institutions reported not having consistent enforcement of information security policies.
The data observed during this research implies there is room for additional coverage of formal information security awareness programs and potentially a call to attempt alternative training methods to achieve a reduction of the occurrences and impact of security breaches. There is room for greater adoption of consistent enforcement of policy at higher education organizations. The results of this dissertation suggest that the existence of policy, training, and enforcement activities in and of themselves are not enough to sufficiently curtail breaches. Additional studies should be performed to better understand how breaches can be reduced.
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Zachis, Savio de Melo. "Analysis of breaches and co-breaks in financial series: a non-parametric approach data using high frequency." Universidade Federal do CearÃ, 2009. http://www.teses.ufc.br/tde_busca/arquivo.php?codArquivo=3730.
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nÃo hÃThis research use a non-parametric test developed by Lee & MYKLAND (2007) to extract jumps in IBOVESPA series and study its dynamics. Among the qualities of this test there are the ability to identify the exact time of occurrence of break / co-break, the sign and size of it. The jumps in the series of Dow Jones, Exchange rate, C-Bond spread and SELIC rate were also estimated and the relation with IBOVESPAÂs jump were verified. The results were analyzed by descriptive statistics, analysis of frequencies and Logit regression models. As a main result there was the predominance of co-breaks involving IBOVESPA with exchange rate and with the spread of C-Bond.
Este trabalho faz uso do teste nÃo-paramÃtrico desenvolvido por LEE & MYKLAND (2007) para extrair a quebra da sÃrie do IBOVESPA e estudar sua dinÃmica. Dentre as qualidades deste teste estÃo à capacidade de identificar o momento exato da ocorrÃncia da quebra/co-quebra, o sinal e o tamanho da mesma. Foram estimadas tambÃm as quebras nas sÃries do Dow Jones, da taxa de CÃmbio, spread do C-Bond e taxa da SELIC; e verificou-se a relaÃÃo destas com as quebras do IBOVESPA. Os resultados foram analisados via estatÃsticas descritivas/freqÃÃncias e por modelos Logit. Como resultado principal tem-se a predominÃncia das co-quebras associando o IBOVESPA ao CÃmbio e ao spread do C-Bond.
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Mendoza, Choque Luis Enrique. "Main Labor Breaches of the Peruvian State in the Framework of the Free Trade Agreement with the United States." Derecho & Sociedad, 2017. http://repositorio.pucp.edu.pe/index/handle/123456789/118733.
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The following article begins with the old and close relationship between labor rights and international trade, a relationship that has become more important given the creation of new instruments, mechanisms and sanctions. The labor chapter of the Peru-US Trade Promotion Agreement and its application can be analyzed from different perspectives. The following article sets its focus on three distinct facets: the principle of progressivity of social rights; the legal nature of free trade agreements; and two of the current promotional labor regimes in Peruvian legislation. The article references two complaints of non-compliance with the labor chapter presented by Peruvian unions during the period since the Free Trade Agreement entered into force. Finally, the report presents conclusions that aim to contribute to the debate on this subject.El siguiente artículo parte de antigua y cercana vinculación entre Derecho del Trabajo y el comercio internacional, relación que en los últimos años ha recobrado importancia debido a la aparición de nuevos instrumentos, mecanismos y sanciones. El contenido laboral del TLC con los Estados Unidos y su aplicación se pueden analizar desde distintos ángulos, en el siguiente trabajo nos limitaremos a estudiarlo a la luz de tres elementos: el Principio de Progresividad de los derechos sociales, la naturaleza jurídica del TLC y dos de los regímenes laborales promocionales vigentes en la legislación peruana. Los incumplimientos a los que haremos referencia son los referidos a las dos quejas presentadas por organizaciones sindicales peruanas en el marco de los mecanismos de cumplimiento del TLC. Finalmente, se presentan algunas conclusiones que pretenden contribuir al debate sobre la materia.
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Xanthaki, Helen. "Secondary establishment of European Union public limited companies in France, Greece and Italy : breaches of European Community law and redress." Thesis, Durham University, 2000. http://etheses.dur.ac.uk/1202/.
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The thesis analyses the secondary establishment of foreign European Union public companies limited by shares in France, Greece and Italy. The conditions for the establishment of branches, agencies and subsidiaries in the three countries are presented. Their compliance with European Community law is evaluated. Although the formal conditions for the recognition and secondary establishment of foreign companies comply with European Community law, national legislative and administrative practices limit the activities allowed to foreign persons and violate their free establishment, as confirmed by the European Court of Justice. This proves the first hypothesis: the companies' freedom of establishment is still violated. The second hypothesis is that the persistence of France, Greece and Italy to continue these violations is mainly due to the lack of effective judicial protection for foreign companies suffering damages as a result. Judicial protection at the national level, in national judicial proceedings, even where the European Union principle of state liability is raised, is ineffective due to the privileges of the state in actions against it. In view of the currently minimal role that individuals may play in proceedings before the European Court of Justice, the only manner in which protection at the European Union level can be sought is through the Francovich scenario, which combines state liability and preliminary rulings from the European Court of Justice. The inefficiencies of national proceedings and the inherent problems of indirect actions before the European Court of Justice render the Francovich scenario inadequate for the protection of companies. This proves the second hypothesis. In the future a possible, yet untested, new interpretation of concurrent liability may allow companies to seek redress before the European Courts on the basis of concurrent liability between the breaching Member State and the Community for failure of the Commission to perform its supervisory duty.
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Nsibande, Senzosenkosi. "The impact of data breaches of varying severity on the customer loyalty of high net worth individuals in retail banking." Diss., University of Pretoria, 2020. http://hdl.handle.net/2263/79631.
Full textAbstract:
The aim of this study was to investigate the impact of data breaches of varying
severity on customer loyalty. The study was motivated by the growth in the amount
of data shared and stored by organisations to enhance service offerings (Big Data),
and the increase in the frequency and scale of data breaches caused by this.
Research shows that customer loyalty is critical to the long-term profitability of an
organisation, making the understanding of data breaches on customer loyalty critical
for any organisation’s prospects. Despite this significance, literature on how breach
severity can influence behavioural changes has been limited. This study, using an
experiment, and the three dimensions of attribution theory - to assess how customers
determine causal inference and assign blame following a breach - examined how
customers changed their loyalty intentions following a data breach depending on the
size and scale of the breach. This study aims to contribute to the existing body of
work related to data breaches.
A 2X3 factorial design was used to determine the effects of the locus, the stability,
and the controllability of cause on the customer’s loyalty intentions, and to test the
moderating effects of the breach severity. The results of the study determined that
the stability and the controllability of cause were significant determinants of customer
loyalty. The role of the severity and the locus of causality were determined to have
limited bearing on customer loyalty. The implications for academia, managers and
businesses are examined.Mini Dissertation (MBA)--University of Pretoria, 2020.
pt2021
Gordon Institute of Business Science (GIBS)
MBA
Unrestricted
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Sedaghat, Soroush, University of Western Sydney, and School of Computing and Information Technology. "Web authenticity." THESIS_XXX_CIT_Sedaghat_S.xml, 2002. http://handle.uws.edu.au:8081/1959.7/431.
Full textAbstract:
Advancements in web technology such as the integration of operating platforms, the application of mobile applets and connectivity with databases into an encompassing web environment has promoted the development of complex web-based systems for enterprise computing. In this integration the inherent security flaws and associated problems of these technological advancements are also brought together under this web environment. These flaws, when exploited, could lead to system compromises of various kinds including stealing of security sensitive information, system take-over fabrication of fake electronic documents and illegal alteration to web sites contents. Therefore, the successful, prompt and appropriate responses of these complex web-based systems to security threats and breaches, such as in the cases of document tampering and misrepresentation from illegal users, are imperative in promoting the user's willingness and confidence when interacting with these systems. Accordingly, this has become one of the major concerns in development, management and operation of web-based systems. This thesis also studies the authentication of dynamic web contents through the application of a one-time digital signature. To this effect, relevant concepts and possible approaches have been discussed. Authentication and verification of dynamic contents, efficiently in the web environment, is suggested as a separate research area and as a direction for future work.Master of Science (Honours) Computing
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Ahmadian, Reza. "Modelling hydrodynamic and bacterial processes through linked river, floodplain and coastal systems : with particular application to marine turbines, barrages and embankment breaches." Thesis, Cardiff University, 2010. http://orca.cf.ac.uk/54931/.
Full textAbstract:
Hydro-environmental models have provided robust tools for efficient planning of water resources, flood risk and water quality, as well as increasingly being used for new challenges such as marine renewable energy, and have increasingly attracted growing interest. The new challenges ahead for use of hydro-environmental modelling tools has led to an increasing interest in considering the water system as a whole, and with a larger system framework, with this being achieved by expanding the modelling domain further than the area of the interest to capture the whole hydrodynamic and water quality and/or sediment transport processes. This study has focused on the enhancement of hydro-environmental modelling tools through improving the link between 1-D and 2-D models for the purpose of modelling river, estuarine and coastal water basins. The study has considered traditional boundaries, as well as the development and implementation of less conventional boundary conditions such as momentum absorbing boundaries which were used in simulating the marine renewable energy schemes. A GIS based 2-D hydro-environmental numerical model, namely DIVAST GIS, has been developed in this study and has been dynamically linked to a 1-D model using various linking methods, such as water levels discharges and overlapping methods. The model was augmented with a user-friendly GUI (Graphical User Interface), which was developed using OpenMI standards and thereby facilitate the opportunity to link with other models. The models were applied to two practical and site specific studies. Firstly, the linked models were refined in an application to undertake a hydro-environmental impact assessment study for two different marine renewable energy schemes proposed to extract energy from the Severn Estuary and Bristol Channel. These schemes included the Severn Barrage and an array of tidal stream turbines. The 1-D and 2-D models were linked using the overlapping method and validated against field and laboratory data. Faecal bacteria indicator levels were modelled by considering the interactions between the bacteria and the sediments and a dynamic decay rate, based on turbidity and solar intensity, was deployed for enhanced accuracy in modelling the bacterial fluxes. The linked model showed promising potential in modelling the hydro- environmental impact of marine renewable energy devices and structures. Secondly, the linked models were refined to predict breach failure and flood risk predictions of an artificial breach and flood inundation in the Greenwich Embayment, London. Comparisons were made implementing 1-D/2-D linked models using two different 2-D numerical schemes, namely the ADI and TVD schemes, and using three different 1- D/2-D linking methods, namely water levels discharges and discharges with momentum conservation. The results showed that the predicted flood inundation extent was different when using the two different schemes, as to be expected, and with the results also showing that the link method with the momentum transfer not making a significant difference to the model predictions for this study. Moreover, it was found that the flood inundation and extent predicted using the ADI and TVD methods were similar when the 1-D and 2-D models were linked through the discharge method, while the results were significantly different when the water level method was used to link the models. Consequently, it is recommended that the discharge link method should be used for linking 1-D and 2-D models in applications as for flood defence breaches as reported herein.
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Anagnostaras, Georgios. "To sue or not to sue? : the present and future of liability actions for breaches of European Community law committed by the domestic authorities." Thesis, University of Bristol, 2001. http://hdl.handle.net/1983/c2f5f65b-28be-4db8-9d7d-0e84d4694a28.
Full textAbstract:
The introduction in the seminal case of Francovich of the principle of governmental liability for breaches committed by the domestic authorities added a further means of protection to the judicial arsenal of individuals claiming rights under the Treaty. At the same time, it gave rise to considerable academic comment around the legitimacy of the doctrine and the exact circumstances in which damages can be paid under it from the national treasury. The intention of this thesis is basically twofold. In the first place, it analyses the developments that have taken place in the field under consideration and attempts to assess the extent to which they have led to solutions that are both satisfactory and in accordance with the nature of the damages remedy as a judicially introduced principle lacking any explicit legal authorisation. Attention in this respect is paid to the position that the doctrine seems to hold in the system of remedies available in the national courts for the protection of the legal rights of individuals. It is further attempted to find the normative justifications that authorise the payment of damages with regard to the illegal activity of each one of the three branches of government and to figure out how the ensuing liability is allocated vertically and horizontally. The focus is finally placed on the conditions that govern the application of the doctrine and the rules that determine the institution of public liability actions and the eventual quantification and rectification of the loss suffered by the applicant. At a rather different level, the thesis also examines the impact of the Francovich case law on the domestic systems of public liability and the regime governing the payment of damages by the political institutions. Its ultimate objective is to ascertain whether the solutions that have been adopted so far in this area are indeed legitimised by the legal foundations that the doctrine of public liability has been based upon and to predict the way that the relevant case law may develop in the future
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Zottoli, Michael A. "Understanding the process through which breaches of the psychological contract influence feelings of psychological contract violation: an analysis incorporating causal, responsibility and blame attributions." The Ohio State University, 2003. http://rave.ohiolink.edu/etdc/view?acc_num=osu1054515958.
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Ahmad, Altaf. "The Effect of Perceived Privacy Breaches on Continued Technology Use and Individual Psychology: The Construct, Instrument Development, and an Application Using Internet Search Engines." OpenSIUC, 2010. https://opensiuc.lib.siu.edu/dissertations/162.
Full textAbstract:
This dissertation involved the development of a new construct, perceived privacy breach (PPB), to evaluate how a person perceives breaches of privacy in terms of whether they perceive any exchange of information was fair or not and how they believe it will impact people whose information has been shared. This instrument assists researchers to understand how a person perceives a possible breach of privacy. The PPB instrument was created after conducting a pilot study of approximately 200 undergraduate students and testing the data for possible dimensions in an Exploratory Factor Analysis (EFA). The EFA resulted in a concise 14 item questionnaire with three dimensions: dispersion, fairness, and impact. The PPB instrument was utilized in a larger study with 285 participants after a small pilot test (n=27) to study the impact of perceptions of privacy preaches upon a person's level of concern for his or her own privacy and the effect it has on their trust in organizations to protect their privacy in relation to their usage of Internet search engines. It also studied how the combination of perceptions of privacy breaches, general privacy concern, and trust had an impact on a person's anxiety and decision to continue using online search engines. The study also theorized that a person's concern for privacy and use of search engines might result in cognitive dissonance, which might have an effect on the way people think about privacy issues. The model was analyzed using a two step process. First a confirmatory factory analysis (CFA) using the software application EQS was run on the measurement model, in which all the instruments were assessed. The perceived privacy breach instrument had a Cronbach's alpha value of .89. The structural model was run in EQS and achieved a CFI fit of .86. There was a statistically significant relationship between perceived privacy breach and privacy concern, and between privacy concern and trust. Increase in trust was shown to have an effect on technology usage attitude. Hypotheses involving cognitive dissonance showed statistically significant results in the opposite direction.
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Pikó, Rita. "Swiss Legal Status on the Protection of Whistleblowers: Taking into account the EU Directive on the protection of persons who report breaches of Union law." Universität Leipzig, 2020. https://ul.qucosa.de/id/qucosa%3A70825.
Full textAbstract:
The EU Whistleblower Protection Directive came into force on 16 December 2019. Switzerland
continues to struggle with this topic: the Swiss National Council (Nationalrat) dismissed
a draft law on its introduction on 3 June 2019 and, after the Swiss Council of States
(Ständerat) approved the draft law without changes on 16 December 2019, dismissed it
again on 5 March 2020.
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Kinna, Rémy Paul. "Entering murky legal waters transboundary impacts of acid mine drainage within the Limpopo river as potential breaches of South Africa's duty not to cause significant harm." Master's thesis, University of Cape Town, 2013. http://hdl.handle.net/11427/4479.
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Matiatos, Christoforos. "Essai sur la pratique hellénique du droit constitutionnel intermédiaire." Thesis, Paris 1, 2015. http://www.theses.fr/2015PA010284/document.
Full textAbstract:
Ce travail étudie, dans ses aspects juridiques, le processus des ruptures de continuité constitutionnelle et des dépassements de ces ruptures, au cours de l'histoire de l'État hellénique moderne. Processus par lequel un régime en place disparaît et un autre apparaît. Processus dans lequel la légitimation précède la légalisation. Processus qui réserve un sort varié à l'ordre constitutionnel antérieur et qui s'achève par l'élaboration d'un ordre nouveau. Ce processus s'étend sur une période que l'on pourrait qualifier d' « intermédiaire». La durée de celle-ci peut varier, et il arrive qu'elle soit d'une certaine longueur. Cela fut parfois le cas en Grèce. Mais cette période a son « droit », qui trouve une place dans le droit constitutionnel général, malgré les particularités qui le singularisentThis work studies, in its legal aspects, the process of breaches of constitutional continuity and the way out of them, in the course of the history of the modern Greek State. Process by which a regime in power disappears and another appears. Process in which legitimation precedes legalization. Process that reserves a varied fate to the former constitutional order and ends with the establishment of a new order. This process extends over a period that could be called "intermediate". Its duration varies, and it happens to be of a certain length. This was sometimes the case in Greece. But this period has its "law" that has a place in the general Constitutional Law in spite of its peculiarities that make it particular
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Palmcrantz, Conrad. "When we see something that is well beyond our understanding : The duty of States to investigate war crimes and how it applies to autonomous weapons systems." Thesis, Försvarshögskolan, 2019. http://urn.kb.se/resolve?urn=urn:nbn:se:fhs:diva-8306.
Full textAbstract:
This thesis analyses States’ duty to investigate grave breaches of humanitarian law and how it applies to deep reinforcement learning autonomous weapons. It identifies basic technologic intricacies related to deep reinforcement learning and discusses what issues may arise if such software is used in weapons systems. The thesis applies a legal doctrinal method to study how the technology could frustrate the grave breaches regime and hamper States’ ability to investigate suspected incidents. Furthermore, investigative standards under humanitarian law and human rights law are examined in the context of autonomous weapons systems. The main argument is that deep reinforcement learning algorithms create a black box that is virtually impossible to investigate and consequently causes accountability issues.