Academic literature on the topic 'Distributions (private law)'
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Journal articles on the topic "Distributions (private law)"
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GUPTA, HARI M., JOSÉ R. CAMPANHA, and FÁBIO R. CHAVARETTE. "POWER LAW DISTRIBUTION IN EDUCATION: EFFECT OF ECONOMICAL, TEACHING, AND STUDY CONDITIONS IN UNIVERSITY ENTRANCE EXAMINATION." International Journal of Modern Physics C 14, no. 04 (May 2003): 449–57. http://dx.doi.org/10.1142/s0129183103004656.
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We studied the statistical distribution of student's performance, which is measured through their marks, in university entrance examination (Vestibular) of UNESP (Universidade Estadual Paulista) with respect to (i) period of study — day versus night period (ii) teaching conditions — private versus public school (iii) economical conditions — high versus low family income. We observed long ubiquitous power law tails in physical and biological sciences in all cases. The mean value increases with better study conditions followed by better teaching and economical conditions. In humanities, the distribution is close to normal distribution with very small tail. This indicates that these power law tails in science subjects are due to the nature of the subjects themselves. Further and better study, teaching and economical conditions are more important for physical and biological sciences in comparison to humanities at this level of study. We explain these statistical distributions through Gradually Truncated Power law distributions. We discuss the possible reason for this peculiar behavior.
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McCormack, Gerard. "UNCITRAL, security rights and the globalisation of the US Article 9." Northern Ireland Legal Quarterly 62, no. 4 (March 11, 2020): 485–504. http://dx.doi.org/10.53386/nilq.v62i4.432.
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This article provides a critical analysis of the UN Commission on International Trade Law (UNCITRAL) proposals for developing – through its Legislative Guide (the Guide) – a 'liberal' global secured credit law regime that opens up the range of assets that can be used for securing loans and that limits formal procedures required for taking security interests. The article argues that UNCITRAL’s reliance on Article 9 of the US Uniform Commercial Code is problematic for various reasons. First, it neglects reference to indigenous secured credit law norms that also reflect national social policy choices in a range of countries. Second, it questions the idea that global 'liberal' secured credit law of the kind articulated in the Guide helps to achieve 'economic efficiency', since it relies on a narrow conception of private property. Moreover, by relying on existing property rights distributions, a liberal secured credit law can further entrench existing socio-economic disparities in a society. The article therefore casts doubt on the idea that UNCITRAL’s Legislative Guide is an example of a successful 'harmonized, modernized and marketized' secured credit law, and instead – in Polanyian terms – draws attention to its potential to further disembed markets in credit out of social relationships.
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Laponoh, Danyil V. "FEATURES OF THE USE OF PUBLIC-PRIVATE PARTNERSHIPS IN THE PRACTICE OF ROAD TRANSPORT SERVICES." Management 32, no. 2 (April 16, 2021): 84–92. http://dx.doi.org/10.30857/2415-3206.2020.2.6.
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Background and objectives. Public-private partnership (PPP) is one of the most popular forms of cooperation between the state and business in the world. For Ukraine, PPP is one of the most promising ways to attract investment in the existing state and municipal infrastructure. The Law of Ukraine "On Public-Private Partnership" (2010) allows the implementation of projects in the format of the classic PPP. Most projects involved the development of infrastructure facilities and mining, which is typical for this kind of cooperation between the state and businessMethods. The study used: expert, statistical, comparative, scenario analysis; analysis of empirical data using methods of grouping, generalization, classification methods.Findings. The components of PPP relations are defined, the criteria for the classification of its forms, the essence and economic content of the category "public-private partnership", the features of public-private partnership in the market of road transport services in Ukraine are substantiated. The qualitative analysis of 111 concession projects has allowed to reveal the regularity and to present the variant of possible combination of experts' indications at certain parameters. Mean values and standard deviations of the expert testimonies were determined and distributions of the obtained data array of 111 concession PPP projects were constructed. The definition of the "quality" of expert assessments and evaluation of the effectiveness of 111 PPP projects for the provision of road transport services is formed.Conclusion. The components for public-private partnership in the market of road transport services have been defined: PPP implies a contractual form (agreements, contracts, etc.), in which the rights and obligations of each party are clearly defined; implementation of projects in the market of road transport services implies mutual economic benefit for all project participants through the best interaction, focused on better results for lower cost; public-private partnership is characterized by increased.
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Boj del Val, Eva, M. Mercè Claramunt Bielsa, and Xavier Varea Soler. "Role of Private Long-Term Care Insurance in Financial Sustainability for an Aging Society." Sustainability 12, no. 21 (October 27, 2020): 8894. http://dx.doi.org/10.3390/su12218894.
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This work analyzes and quantifies the significance of private long-term care insurance for the elderly in protecting families from the increased expenses derived from dependency. We propose an economic and financial model for consumption and income deficit evolution. Survival/dependency are modeled by a Markov process with stochastic simulation techniques to obtain random variable distributions. Based on the Spanish survey of household finances data, Spanish families are classified using a cluster analysis for the wealth decumulation period. The conclusion is that, for a generic family, hiring long-term care insurance causes a significant reduction in the probability of lack of liquidity, the mean first time of lack of liquidity (if it occurs), and the mean present value of overall liquidity needs. It is also observed that there are important differences between these impacts on different groups of families. These results show that hiring long-term care insurance would considerably lower financial problems in the decumulation period.
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Ganesh, Aravind. "WIRTBARKEIT: COSMOPOLITAN RIGHT AND INNKEEPING." Legal Theory 24, no. 3 (September 2018): 159–90. http://dx.doi.org/10.1017/s1352325218000162.
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ABSTRACTAfter defining Cosmopolitan Right as being limited to the conditions of “hospitality,” Kant includes “Wirtbarkeit” in brackets, a word that connotes innkeeping. Moreover, significant similarities obtain between the relevant passages of the Perpetual Peace and those of the Digest of Justinian on the obligations of ships’ masters, innkeepers, and stable keepers. Unlike for ordinary householders, hospitality for innkeepers is a legal obligation, not a matter of philanthropy: they have traditionally been deemed public officials with limited discretion to refuse travelers, and as fiduciaries of their guests strictly liable for losses to their property. This article attempts to explain Kant's concept of Cosmopolitan Right by analogy to the private law of innkeeping, and ultimately engages in the central philosophical debate about Cosmopolitan Right by accounting for Cosmopolitan Right solely from the “innate” right to freedom, rather than from “acquired” facts such as land or resource distributions or historical injustices.
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Katz, Claudio J. "Protective Labor Legislation in the Courts: Substantive Due Process and Fairness in the Progressive Era." Law and History Review 31, no. 2 (May 2013): 275–323. http://dx.doi.org/10.1017/s0738248013000047.
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The Supreme Court's decision inLochner v. New York(1905), invalidating an act limiting working hours for bakers as a violation of contractual freedom, has come to symbolize an era in constitutional law. The period covers the years from the end of the Gilded Age through the Progressive Era. Its chief characteristic, according to its critics, is the judiciary's hostility to progressive labor legislation. Statutes intended to protect vulnerable classes from the ravages of industrialization were routinely defeated in the courts. Progressives pioneered an interpretation in whichLochnerbecame a leading “anticanonical” case, wrongly deploying the doctrine of substantive due process to shield inherited distributions of wealth and power. The time is long past when scholars characterized the era as a product of judges' reactionary commitments to laissez-faire or, worse, to Social Darwinism, following Justice Holmes's quip, dissenting inLochner, that “the Fourteenth Amendment does not enact Mr. Herbert Spencer's Social Statics.” Contemporary scholars have reconstructed the period's jurisprudence, finding in it a principled commitment to a conception of justice grounded in the Founding. The most widely accepted explanation, developed by Gillman's influential study, is that substantive due process embodied a principle of neutrality requiring courts to distinguish the authentic public aims of legislation from illegitimate attempts to advantage some classes at others' expense. An alternative explanation is that judges, drawing on the theory of natural rights, developed the doctrine of substantive due process to limit government's discretion to encumber prepolitical rights to private property and liberty of contract.
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Chadwick, Anna. "Rethinking the EU’S ‘Monetary Constitution’: legal theories of money, the Euro, and transnational law." European Law Open 1, no. 3 (September 2022): 468–509. http://dx.doi.org/10.1017/elo.2022.36.
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AbstractIn recent years, legal scholars have dismantled influential economic accounts of the private nature of money, demonstrating that money is better understood as a ‘governance project’ and a public resource that is created and regulated by the state. Legal theories of money could lend support to the ECB’s recent use of ‘unorthodox’ monetary policy to stabilise the euro, and could further support proposals for the innovative use of monetary policy to combat inequality. However, legal writing on money to date has primarily sought to challenge neoclassical economics – a body of thought that denies the impact that distributions of credit by the state play in shaping processes of value formation in the economy. Two further dimensions of the nature of money have received less attention from legal scholars to date: first, the question of how money comes to have an economic value (an important component of ‘moneyness’), and, second, how the international functions of credit money as currency in international trade and finance may limit the capacities of governments to manage money differently. In this article, I offer a revised account of the legal nature of money that is more attentive to the transnational nature of the legal regimes and institutions that enable the production of sovereign credit monies in the contemporary global political economy. My analysis complicates both the suggestion that the ECB can address inequality in the eurozone by means of unorthodox monetary policy and the widely made counter-argument that the only solution to the constitutional crisis in the European Union (EU) is the creation of a political sovereign imbued with stronger fiscal powers. I find that unless the current transnational legal arrangements that enable the production and governance of money are addressed, no states will be able to act as ‘centralised and legitimate political authorities’ that can control capitalist credit money in accordance with democratic imperatives.
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Shoemaker, Jessica. "Fee Simple Failures: Rural Landscapes and Race." Michigan Law Review, no. 119.8 (2021): 1695. http://dx.doi.org/10.36644/mlr.119.8.fee.
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Property law’s roots are rural. America pursued an early agrarian vision that understood real property rights as instrumental to achieving a country of free, engaged citizens who cared for their communities and stewarded their physical place in it. But we have drifted far from this ideal. Today, American agriculture is industrialized, and rural communities are in decline. The fee simple ownership form has failed every agrarian objective but one: the maintenance of white landownership. For it was also embedded in the original American experiment that land ownership would be racialized for the benefit of its white citizens, through acts of colonialism, slavery, and explicit race-based exclusion in property law. Today, rather than undoing this racialized legacy, modern property rules only further concentrate and homogenize rural landownership. Agricultural landownership remains almost entirely— 98 percent—white. This is a critical racial justice issue that converges directly with our impending environmental crisis and the decline of rural communities more generally. This Article builds on work of rural sociologists and farm advocates who demonstrate, again and again, that despite a pervasive narrative of rural places dying for want of population and agricultural systems too far gone for reform, the reality is a crowd of emerging farmers—and farmers of color in particular— clamoring for access. Existing policy efforts to support beginning farmers have focused primarily on supporting a few private land transactions within existing systems. This Article brings property theory to the table for the first time, arguing that property law itself is not only responsible for the original racialized distributions of agricultural land but also actively perpetuates both ongoing racialized disparities and the currently industrialized and depopulated rural landscape. This Article deconstructs our most fundamental land-tenure choice—the fee simple itself—and calls on our collective legal imagination to develop more adaptive, inclusive, and dynamic land-tenure designs rooted in these otherwise overlooked rural places.
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Xu, Chengcheng, and Shuyue Wu. "Evaluating the Effects of Household Characteristics on Household Daily Traffic Emissions Based on Household Travel Survey Data." Sustainability 11, no. 6 (March 20, 2019): 1684. http://dx.doi.org/10.3390/su11061684.
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This study aimed to investigate the effects of household characteristics on household traffic emissions. The household travel survey data conducted in the Jiangning District of Nanjing City, China were used. The vehicle emissions of household members’ trips were calculated using average emission factors by average speed and vehicle category. Descriptive statistics analysis showed that the average daily traffic emissions of CO, NOx and PM2.5 per household are 8.66 g, 0.55 g and 0.04 g respectively. The household traffic emissions of these three pollutants were found to have imbalanced distributions across households. The top 20% highest-emission households accounted for nearly two thirds of the total emissions. Based on the one-way ANOVA tests, the means of CO, NOx and PM2.5 emissions were found to be significantly different over households with different member numbers, automobile numbers, annual income and access to the subway. Finally, the household daily traffic emissions were linked with household characteristics based on multiple linear regressions. The contributing factors are slightly different among the three different emissions. The number of private vehicles, number of motorcycles, and household income significantly affect all three emissions. More specifically, the number of private vehicles has positive effects on CO and PM2.5 emissions, but negative effect on NOx emissions. The number of motorcycles and the household income have positive effects on all three emissions.
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Sleem, Ahmed, and Ibrahim Elhenawy. "Collaborative Segmentation of COVID-19 From non-IID Topographies in the Internet of Medical Things (IoMT)." Journal of Intelligent Systems and Internet of Things 7, no. 2 (2022): 08–21. http://dx.doi.org/10.54216/jisiot.070201.
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The Internet of Medical Things (IoMT) offers numerous advantages in the diagnosis, monitoring, and treatment of a wide variety of illnesses for both patients. COVID-19 has caused a global pandemic and turned out to be the utmost crucial danger threatening the whole world. Thus, scholars’ attention moved toward Deep learning (DL) and IoMT for developing automated systems for COVID-19 diagnosis andor prognosis based on chest computed tomography (CT) scans, and it has shown great success in several tasks, including classification and segmentation. Nevertheless, developing and training a superior DL approach necessitates accumulating a substantial amount of patients’ CT scans together with their labels. This is an expensive and time-consuming task that restricts attaining large enough data from a single siteinstitution, However, owing to the necessity for protecting data privacy, it is difficult to accumulate the data from several sites and store them at a centralized server. Federated learning (FL) alleviates the need for centralized data by spreading the public segmentation model to different institutional models, training the segmentation model at the institution, and followingly calculating the mean of the parameters in the public model. Nevertheless, researchers advocated that private information could be restored using the parameters of the model. This study presents a privacy-protection technique for the challenge of multi-site COVID-19 segmentation. To tackle the challenge, we introduce the FL technique, in which a distributed optimization procedure is developed, and randomization techniques are proposed to change the joint parameters of private institutional segmentation models. Bearing in mind the complete heterogeneity of COVID-19 distributions from diverse institutions, we develop two domain adaptation (DA) techniques in the proposed FL design. We explore several applied characteristics of optimizing the FL approach and analyze the FL approach in comparison with alternate training approaches. Finally, the results validate that it is auspicious to employ multi-site non-shared CT scans to improve the COVID-19 infection segmentation.
Dissertations / Theses on the topic "Distributions (private law)"
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Talling, Peter. "Minimum Share Capital : Its Functions for Swedish Private Limited Liability Companies." Thesis, Internationella Handelshögskolan, Högskolan i Jönköping, IHH, Rättsvetenskap, 2011. http://urn.kb.se/resolve?urn=urn:nbn:se:hj:diva-15914.
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This thesis aims to investigate the effects of the Swedish minimum capital requirement in relation to the Swedish private limited liability companies. The issue of whether there should be a requirement for minimum share capital has been debated in Sweden and the rest of the European Union. Sweden and other continental European countries have a tradition of providing a minimum share capital requirement in order to provide creditor protection. Countries that administer an Anglo-Saxon tradition such as England and the United States do not express the same belief in the minimum share capital’s function as creditor protection and has therefore abolished these requirements. The European Union’s Second Company Law Directive provides a minimum share capital of EUR 25,000 for companies similar to the Swedish public limited liability company. The companies comparable to the Swedish private limited liability companies is thus regulated under the law of the Member States themselves. In Sweden the frequently used arguments for abolishing the minimum share capital requirement are the rule’s dysfunction as creditor protection, the fact that the minimum share capital does not consider the specific capital demand of the company and the potential obstacle effect on entrepreneurship. The author agrees with these arguments but emphasises the minimum share capital’s function as an “entrance fee” to the private limited liability company form as an argument why the requirement should maintain in Swedish company law. The rules in ABL regarding protection of restricted equity could be replaced by a solvency-sufficiency test similar to the provision in § 6.40 MBCA. The minimum share capital’s obstacle effect on entrepreneurship could be reduced by introducing a beneficial loan with low interest rate provided by the state or the municipalities.
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Jost, Bertrand. "Les distributions en droit privé." Electronic Thesis or Diss., Université Paris-Panthéon-Assas, 2022. http://www.theses.fr/2022ASSA0025.
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L’opération par laquelle plusieurs personnes se répartissent un actif ou une dette est fréquente en droit privé. Ainsi faut-il, sans prétendre à l’exhaustivité, partager les indivisions, diviser les obligations, distribuer le bénéfice social, le bénéfice d’une saisie, le produit de la réalisation des actifs du débiteur en faillite. De ces opérations diverses, il est possible de tenter une approche transversale et unitaire. Les analyser isolément les unes des autres permet de disposer de la matière nécessaire pour construire une véritable théorie des distributions. Le concept de distribution peut émerger. Il est possible de lui associer un régime. La logique distributive, trop souvent occultée du droit privé, est ainsi dévoilée et ses enjeux en sont par conséquent mieux comprisIt is usual that some people divide a good or a loss amongst them. For example, common property must be shared. Obligations are divided between creditors and debtors according to the Civil Code (article 1309). Partners divide up the profits and losses generated by their partnership. Creditors must split the profit earned by the seizure of their debtor goods, whether he is bankrupt or not. Of these various operations, a theory can be proposed. The concept of distribution can be erected and paired with rules common to all the operations matching with the concept. The distributive logic and distributive issues, long forgotten in private law, are thus uncovered
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Burton, Kelley Jean. "A principled approach to criminalistion: when should making and/or distributing visual recordings be criminalised?" University of Southern Queensland, Faculty of Education, 2008. http://eprints.usq.edu.au/archive/00006183/.
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[Abstract]Determining the boundaries of the modern criminal law have become a difficult issue, particulary as 21st century criminal law struggles to deal with the widespread use of technology such as digital cameras, mobile phone cameras, video cameras, web cams, the Internet, email and blogosphere, privacy concerns and shifts in modern culture. This thesis discusses making and/or distributing visual recording, and issues which arise with the criminalisation of this conduct. Whilst various national and international jurisdictions have legislated in this regard, their responses have been inconsistent, and this thesis therefore takes a principled approach to examining the criminalisation of such conduct, examining constructs of privacy, harm, morality, culpability, punishment, social welfare and respect for individual autonomy. In framing criminal offences around this conduct, this thesis suggessts that the criminal law should respect the consent of the person visually recorded and consider the subjective culpability of the person making and/or distributing the visual recording.
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Lemmens, Trudo. "Genetic information and insurance : a contextual analysis of legal and regulatory means of promoting just distributions." Thesis, McGill University, 2003. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=84213.
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This thesis analyzes the rationale, appropriateness and value of the available legal and regulatory means to deal with genetic discrimination in the context of insurance. Insurance is used as a paradigm case for discussing the legal means to address the concerns related to the impact of new medical technologies. A new framework is proposed for evaluating the potential impact of such new technologies on people's ability to participate fully in social life and to have access to important social goods without unfair discrimination based on certain inherited traits.A "thick" contextual method is used, which involves a detailed description of the medical, social, and legal context of the debate. The approach is based on Michael Walzer's theory of justice, which posits that in assessing the fairness of the distribution of a particular good, one must take into account the nature of the good as determined by the specific socio-historical context in which it obtains its shared meaning. Walzer's theory is used in the thesis to critically analyze the regulatory and legislative means introduced in several countries to curb genetic discrimination. It is further argued that Walzer's contextual analysis resembles the approach taken by the Canadian Supreme Court in the context of anti-discrimination law. Canadian human rights law is analyzed in detail to describe how genetic discrimination could be dealt with under the current provisions and how human rights law can be used to create conditions of substantive equality. The thesis concludes with an analysis of various legal and regulatory options to deal with genetic discrimination and its impact on human rights in the Canadian context. The establishment of a regulatory body is proposed, with the mandate to review the appropriateness of the use of new tests in the context of insurance. I argue that this review process, and the contextual analysis that should be involved in this process, would constitute a useful step towards creating conditions for substantive equality, not only for those who are genetically disabled, but for all those who are affected by real or perceived disabling conditions and stigmatizing traits.
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Turetsky, Abraham I. "Making Heads and Tails of Distributional Patterns: A Value-Creation-Type and Sector-Based Analysis Among Private-Equity-Owned Companies." Case Western Reserve University School of Graduate Studies / OhioLINK, 2018. http://rave.ohiolink.edu/etdc/view?acc_num=case1522719854667863.
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Meur, Héloïse. "Les accords de distribution en droit international privé." Thesis, Paris 1, 2019. http://www.theses.fr/2019PA01D085.
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En droit international privé, les accords de distribution font l'objet d'un traitement à la fois éclaté et incohérent. La distinction des matières contractuelle et délictuelle a tout d'abord conduit à opérer une distinction à la frontière particulièrement floue entre les dimensions contractuelle et économique (touchant au droit de la concurrence lato sensu) de ces accords, aspects pourtant indissociables. À cette distinction, s'ajoutent ensuite des difficultés propres à chacun de ces aspects. Du point de vue contractuel, la distinction entre le contrat-cadre et ses contrats d'application entraîne un traitement éclaté des accords de distribution. Quant à l'appréhension du contrat-cadre, elle demeure source d'incohérences. Ensuite, du point de vue économique, se cumulent des difficultés méthodologiques tenant à l'identification de la méthode et de la règle de conflit applicables ainsi que leur mise en œuvre. Il en résulte un traitement globalement éclaté et incohérent auquel il convient de remédier. C'est avant tout par des définitions claires de la matière contractuelle et du contrat de distribution en droit international privé qu'un traitement unitaire pourra être opéré. Ces définitions clarifiées seront alors le point de départ de règles de conflit repensées, conformes à la figure du contrat de distribution, irréductible au contrat-échange. À cette catégorie nouvellement définie devra être associé un critère de rattachement adapté. À cet égard, l'augmentation constante de règles internationalement impératives, devra conduire à supprimer le principe d'autonomie, désormais ineffectif, pour lui substituer un critère objectif intégrant cette impérativitéIn private international law, the treatment of distribution contracts is both scattered and inconsistent. The distinction between contractual and non-contractual matters has led to assess separately the contractual and the economic aspects (related to competition law lato sensu) of this kind of agreements, although these aspects are inseparable. ln addition to this distinction, further difficulties specific to each of these aspects arise. From a contractual standpoint, the distinction between the framework agreement and its implementation contracts lead to a scattered treatment of distribution agreements. From an economic standpoint, some difficulties arise concerning the identification of the relevant method and the applicable rule of conflict as well as their implementation. Therefore, the regime applicable to distribution agreements is scattered and inconsistent. Such difficulties and inconsistencies can only be remedied thanks to clarified definitions of the notions of contractual matter and distribution agreements in European private international law. These clarified notions will then be the starting point to suggest rethought rules of conflict, compliant with the essence and specificities of distribution agreements, distinct from the classic « exchange-type » contracts. A suitable connecting criterion will then need to be associated to this redefined category. Given the omnipresence of international mandatory rules, such criterion will need to be objective and replace the principle of party autonomy which turns out to be mostly ineffective regarding distribution agreements
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Oprea, Elena-Alina. "Droit de l'Union européenne et lois de police." Thesis, Paris 2, 2011. http://www.theses.fr/2011PA020028.
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L’interaction du droit de l’Union européenne avec le droit international privé se manifeste avec une acuité particulière en matière de lois de police, continuant et renouvelant les discussions suscitées par celles-ci. La promotion des intérêts de l’Union européenne par ce mécanisme de DIP peut être facilement observée. Il reste que des questions peuvent surgir quant à l’aménagement, dans les systèmes juridiques nationaux, de l’articulation des lois de police de source nationale et européenne. Le transfert de certaines compétences des Etats membres vers l’Union, le rapprochement des législations des Etats membres ou le poids plus important accordé aux raisonnements et aux intérêts européens au moment de la qualification mettent en lumière une catégorie « lois de police » avec des contours nouveaux. La mise en oeuvre des lois de police porte, elle aussi, l’empreinte de l’influence du droit de l’Union européenne. L’intégration des données liées à la réalisation du marché intérieur entraîne une perturbation significative du mécanisme traditionnel des lois de police, accompagnée d’une diminution de l’efficacité de ces normes dans les relations entre les Etats membres. L’objectif de création, au sein de l’Union, d’un espace de liberté, de sécurité et de justice s’est matérialisé par la mise en place de corps de règles européennes de DIP dans diverses matières. La méthode des lois de police en ressort transformée, suite tant à la prise de position directe du législateur européen sur les conditions de son intervention, qu’en raison des évolutions enregistrées par d’autres méthodes concurrentes de droit international privéThe interaction between the European Union law and the private international law is particularly acute in the field of internationally mandatory rules, maintaining and renewing the debate which always accompanied this kind of norms. If the internationally mandatory rules occupy a special place in the European legislation, being an extremely effective tool of European policy, some difficulties arise as to the articulation, in the Member States’ legal systems, of the both national and European different sources of lois de police. The transfer of powers from Member States to the European Union, the harmonization of national legislations and the greater weight given to European reasoning and interests at the time of qualification highlight a new dimension of the internationally mandatory rules concept. Also the implementation of internationally mandatory rules is highly influenced by the European Union Law. The Member States’ obligations concerning the completing of the internal market and the removal of restrictions to changes involve a significant disturbance to this traditional PIL mechanism; a decrease in the effectiveness of internationally mandatory rules in relations between Member States may be observed. The purpose of establishing an area of freedom, security and justice within the European Union was materialized in the establishment of European private international law rules in various fields; the internationally mandatory rules method is transformed as a result of the European legislator direct intervention on his definition and regime, but also as a result of the evolution that affects other concurring private international law methods
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Pereckaitė, Agnė. "Koncesijų taikymo galimybės Lietuvoje." Master's thesis, Lithuanian Academic Libraries Network (LABT), 2014. http://vddb.library.lt/obj/LT-eLABa-0001:E.02~2008~D_20140623_174907-34242.
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Per XX a. paskutinius dešimtmečius viešojo ir privataus sektorių santykis gerokai pasikeitė. Tradiciškai viešojo sektoriaus veiklos sričiai priskirtų paslaugų teikimui ar infrastruktūros modernizavimui ir plėtimui imta naudoti viešojo ir privataus sektorių partnerystę. Koncesija yra vienas iš partnerystės modeliu. Ją galima apibūdinti kaip susitarimą tarp viešojo ir privataus sektorių, kurio tikslas sujungti viešuosius ir privačius išteklius, siekiant realizuoti viešosios politikos tikslus. Lietuvoje koncesijos, lyginant su kitomis valstybėmis, yra naujas reiškinys, neturintis tradicijų ir patirties. Viešosios institucijos retai nusprendžia investicijas pritraukti koncesijos sutarčių pagrindu. Šio darbo objektas yra koncesija. Tikslas - išnagrinėti koncesijų taikymo galimybes Lietuvoje. Tikslo pasiekimui iškelti trys uždaviniai, kurie nulėmė darbo struktūrą. Pirmojoje darbo dalyje analizuojant mokslinę literatūrą ir taikant apibendrinimo metodą nagrinėjamos ekonominės – socialinės viešojo ir privataus sektorių partnerystės atsiradimo prielaidos ir partnerystės sąvoka. Antrojoje dalyje, analizuojant viešojo ir privataus sektorių partnerystės taikymo galimybes atliekama mokslinės literatūros ir informacinių šaltinių analizė, taikomas klasifikavimo ir sisteminimo metodas. Trečiojoje darbo dalyje vertinant koncesijų taikymo galimybės atliekamas kokybinis tyrimas, suformuluojami pagrindiniai klausimai, atliekama norminių teisės aktų ir informacinių šaltinių lyginamoji analizė... [toliau žr. visą tekstą]Infrastructure has been traditionally viewed as a natural monopoly under the management, control, financial responsibility of the central and local government. However, various countries of the world have shown a growing interest in Concessions (one of the Public Private Partnership model) over the last two decades. Concession is arrangement in which the public and private sectors join together to produce and deliver goods and services. It is a sufficiently new phenomenon in Lithuania and some shortcomings are noticeable in its application. The object of this thesis is Concession. The aim of work is to analyze possibilities to apply the concession in Lithuania. Three tasks were established for the realizing the goal meanwhile determining the structure of thesis. In the first part of thesis there is analysed Public Private Partnership, as phenomena, using analysis of academic literature. In the second part, by using analysis of special and statistical literature, there are analysed subjects influencing Public Private Partnership and experience of various countries of the world in the developing Partnership policy. Situation in Lithuania by excluding main prerequisites for developing concessions is analysed in the third part, using qualitative analysis of academic and special literature, laws, conference materials, comparative, case study methods and quantitative analysis by carrying out a survey of Municipalities opinion. Analysis of theoretical and practical aspects has shown... [to full text]
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Polo, Marcelo. "A discriminação de preço nas redes contratuais de distribuição : abordagem civil e concorrencial." reponame:Biblioteca Digital de Teses e Dissertações da UFRGS, 2011. http://hdl.handle.net/10183/142950.
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O presente trabalho estuda a vedação da discriminação de preço nas redes contratuais de distribuição, tanto pelo aspecto concorrencial, quanto pelo aspecto civil. A abordagem concorrencial decorre da existência de um ilícito assim tipificado na Lei Antitruste brasileira. É preciso identificar os requisitos de aplicação próprios do direito concorrencial, que tem como bem jurídico tutelado a defesa da concorrência. Fez-se um estudo de direito comparado com o direito concorrencial norte-americano, em que vigente o Robison-Patman Act. A abordagem de direito civil-contratual depende da identificação dogmática da existência de uma rede contratual, a partir da verificação da finalidade econômica global em um dos elementos essenciais dos contratos individuais que formam a rede. Necessário, ainda, proceder à qualificação jurídica dos contratos de distribuição, partindo da sua causa e dos demais elementos estruturais que informam se tratar de um contrato atípico. A vedação à discriminação decorre da incidência da cláusula geral do art. 187 do CC/02, que proíbe o abuso do direito em razão de um exercício que exceda manifestamente os limites impostos pelos dois critérios trabalhados: a finalidade econômica ou social do direito e a boa-fé. Distingue-se a boa-fé enquanto criadora de deveres laterais de conduta da confiança enquanto protetora de uma situação de confiança. A vedação à discriminação de preço decorre do standard de boa-fé na função de criadora de deveres de conduta para o organizador da rede diante dos distribuidores que lhe estejam vinculados nessa rede contratual. O referencial valorativo é a lealdade que se espera do organizador da rede nesse contexto negocial. Estuda-se os diversos critérios econômicos justificativos do que seja uma justa e leal diferenciação de preço sob o influxo do conceito operativo de igualdade elaborado no âmbito do direito público.This paper studies the prohibition of price discrimination in contractual networks of distribution, both by the competitive aspect, as the civil aspect. The competitive approach stems from the existence of an unlawful this way typified in Brazilian Antitrust Law. One need to identify the requirements for application of competition law, which legal interest is to protect competition, not competitors. There is a comparative study with the U.S. competition law, because of the current rules of Robinson-Patman Act. The approach of civil-contract law depends on the identification of a network contract from the scanning of the global economic interest in one of the essential elements of individual contracts that compose the network. Also necessary to proceed with the legal classification of the distribution contracts, from his structural and functional (“consideration”) elements that informs it as an atypical contract. The prohibition of discrimination price arises from the general clause of art. 187 of the Civil Code of 2002, which prohibits the abuse of rights in respect of an exercise that clearly exceed the limits imposed by the two criteria worked: the economic or social purpose of the right and good faith. It is distinguished the good faith in its function of create duties of the confidence of a trust situation. The prohibition of price discrimination stems from the standard of good faith in its function of create duties of conduct to the organizer of the network of distributors. The reference value is the loyalty expected of the organizaer of the network in this negotiating context. We study the different economic criteria to be evidence of an equitable and fair price differentiation under the influence of the operating concept of equality established under public law.
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Amaro, Rafael. "Le contentieux privé des pratiques anticoncurrentielles : Étude des contentieux privés autonome et complémentaire devant les juridictions judiciaires." Thesis, Paris 5, 2012. http://www.theses.fr/2012PA05D014.
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L’actualisation des données sur le contentieux privé des pratiques anticoncurrentielles fait naître laconviction que l’état de sous-développement souvent pointé est aujourd’hui dépassé. Les statistiquessont nettes : des dizaines d’affaires sont plaidées chaque année. Toutefois, ce contentieux s’esquissesous des traits qui ne sont pas exactement ceux du contentieux indemnitaire de masse faisant suite àla commission d’ententes internationales. C’est un fait majeur qui doit être noté car l’essentiel desprojets de réforme furent bâtis sur cet idéal type. Trois des caractères les plus saillants de la réalitéjudiciaire témoignent de cette fracture entre droit positif et droit prospectif. D’abord, le contentieuxprivé est majoritairement un contentieux contractuel entre professionnels aux forces déséquilibrées. Ensuite, c’estun contentieux national – voire local – plus qu’un contentieux international. Enfin, c’est plutôt uncontentieux autonome se déployant devant les juridictions judiciaires sans procédure préalable oupostérieure des autorités de concurrence (stand alone). Paradoxalement, les actions complémentaires(follow-on), pourtant réputées d’une mise en oeuvre aisée, sont plus rares. Ces observations invitentalors à réviser l’ordre des priorités de toute réflexion prospective. Ainsi, la lutte contre l’asymétried’informations et de moyens entre litigants, l’essor de sanctions contractuelles efficaces, larecomposition du rôle des autorités juridictionnelles et administratives dans le procès civil ou encorele développement des procédures de référé s’imposent avec urgence. Mais s’il paraît légitime desoutenir ce contentieux autonome déjà existant, il n’en reste pas moins utile de participer à laréflexion déjà amorcée pour développer le contentieux indemnitaire de masse tant attendu et dont onne peut négliger les atouts. De lege ferenda, le contentieux privé de demain présenterait donc uncaractère bicéphale ; il serait à la fois autonome et complémentaire. Il faut alors tenter de concevoir unrégime efficace pour ces deux moutures du contentieux privé en tenant compte de leurs exigencesrespectives. Or l’analyse positive et prospective de leurs fonctions révèlent que contentieuxautonome et contentieux complémentaire s’illustrent autant par les fonctions qu’ils partagent que parcelles qui les distinguent. Il serait donc excessif de vouloir en tous points leur faire application derègles particulières ou, à l’inverse, de règles identiques. C’est donc vers l’élaboration d’un régime commun complété par un régime particulier à chacun d’eux que s’orientera la présente recherche.PREMIÈRE PARTIE. Le régime commun aux contentieux privés autonome et complémentaireSECONDE PARTIE. Le régime particulier à chacun des contentieux privés autonome et complémentairePas de résumé en anglais
Books on the topic "Distributions (private law)"
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Anderson, Winston. Private international family law. Kingston: Caribbean Law Pub. Co., 2005.
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Anderson, Winston. Private International Family Law. Ian Randle Publishers, 2005.
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Timothy, Spangler. 2 Marketing Private Investment Funds. Oxford University Press, 2018. http://dx.doi.org/10.1093/law/9780198807247.003.0002.
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This chapter examines how private investment funds are marketed, first by considering the different distribution approaches for such funds. Private investment funds are distributed mainly through private placements rather than public offers. With limited exceptions, this is generally driven by restrictions on public marketing efforts imposed by financial regulations such as the Financial Services and Markets Act 2000 (FSMA) in the UK. The chapter proceeds by discussing financial promotion restrictions in the UK as well as exemptions to these restrictions, including one-off communications, high net worth individuals, and sophisticated investors. It also explains the promotion of collective investment schemes (CIS) and the consequences of CIS categorisation before concluding with an analysis of laws that govern the marketing of private investment funds in the United States, namely: the Investment Company Act of 1940, the Investment Advisers Act of 1940, the Securities Act of 1933, and the Securities Exchange Act of 1934.
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Horatia Muir, Watt. Part III Regimes and Doctrines, Ch.42 Theorizing Private International Law. Oxford University Press, 2016. http://dx.doi.org/10.1093/law/9780198701958.003.0043.
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This chapter focuses on the social and economic consequences of private international law, both for the distribution of power in a transnational setting and for issues of identity and community in a world in which new polities are emerging. Furthermore, it highlights the potential insights provided by each of three explanatory models, which in some novel combination may help pave the way towards a renewed theoretical approach to private international law. The three models to be considered are based on conflict, cooperation, and competition. Each uses a distinct vocabulary: protection of sovereignty or state interests, conflicts of systems or, more recently, norm-collision; international harmony, comity, enlightened self-interest, or the mutual convenience of nations; and regulatory arbitrage and competition, a free market for legal products and judicial services, and the interests of the business community.
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Pistor, Katharina. Moneys’ legal hierarchy. Oxford University Press, 2017. http://dx.doi.org/10.1093/oso/9780198755661.003.0008.
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This chapter discusses the way in which money is legally constructed and hierarchically structured. In financial markets, participants trade different forms of money, some of which is state-issued and some privately issued. A form of money is closer to the “apex” of the system the closer it is to entities that can issue liquid means or determine acceptable forms of payment, such as central banks and governments. During financial crises, market participants close to the “apex” are systematically advantaged. Various legal devices, e.g. property rights, collateral rights, or trust law, contribute to hierarchically structuring the financial system, by granting preferential treatment to some moneys over others. As the historical development of money shows, public and private entities have been closely intertwined in its creation. These legal constructions reveal questions of justice at the very core of the financial system, with regard to both unchecked hierarchies and unjustified distributions of losses.
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Whish, Richard, and David Bailey. Competition Law. Oxford University Press, 2018. http://dx.doi.org/10.1093/law-ocl/9780198779063.001.0001.
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The book explains the purpose of competition policy, introduces the reader to key concepts and techniques in competition law and provides insights into the numerous different issues that arise when analysing market behaviour. Describing the law in its economics and market context, the chapters particularly consider the competition law implications of business phenomena, including distribution agreements, licences of intellectual property rights, cartels, joint ventures and mergers. The book assimilates a wide variety of resources, including judgments, decisions, guidelines and periodical literature. The text has been updated to include the changes to UK law introduced by the Consumer Rights Act 2015, including the reform of collective actions. It also considers the Directive on Antitrust Damages Actions and other measures designed to facilitate private enforcement of competition law. The book also discusses for the first time the application of competition law to price signalling, algorithmic collusion and other atypical cartel activities; it also incorporates extensive new case law and decisional practice at EU and UK level.
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Beck, Robert J. International Law and International Relations. Oxford University Press, 2018. http://dx.doi.org/10.1093/acrefore/9780190846626.013.406.
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International Law (IL) is the set of rules generally regarded and accepted as binding in relations between states and between nations. It serves as a framework for the practice of stable and organized international relations (IR). International law differs from state-based legal systems in that it is primarily applicable to countries rather than to private citizens. National law may become international law when treaties delegate national jurisdiction to supranational tribunals such as the European Court of Human Rights or the International Criminal Court. The immense body that makes up international law encompasses a piecemeal collection of international customs; agreements; treaties; accords, charters, legal precedents of the International Court of Justice (aka World Court); and more. Without a unique governing, enforcing entity, international law is a largely voluntary endeavor, wherein the power of enforcement only exists when the parties consent to adhere to and abide by an agreement. This is where IR come about; it attempts to explain behavior that occurs across the boundaries of states, the broader relationships of which such behavior is a part, and the institutions (private, state, nongovernmental, and intergovernmental) that oversee those interactions. Explanations can also be found in the relationships between and among the participants, in the intergovernmental arrangements among states, in the activities of multinational corporations, or in the distribution of power and control in the world as a single system.
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Filip, Tuytschaever, and Wijckmans Frank. Vertical Agreements in EU Competition Law. 3rd ed. Oxford University Press, 2018. http://dx.doi.org/10.1093/law-ocl/9780198791027.001.0001.
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The book discusses the EU competition law regime and practice in respect of vertical agreements. The concept of vertical agreements is not limited to distribution arrangements, but covers also supply and subcontracting scenarios. Particular attention is paid to e-commerce and the sector-specific rules applicable to the automotive industry (Regulation 461/2010). The book covers systematically the various aspects of Regulation 330/2010, which is the European block exemption regulation generally applicable to vertical agreements, as well as the Vertical Guidelines related thereto. In addition to a systematic presentation of the relevant legal concepts, the book provides practical guidance and concrete cases. Such cases include European precedents and decisions adopted in national competition law proceedings. The authors have inserted concrete examples stemming from their private practice in the field. The book offers concrete guidance for vertical agreements falling outside of the scope of Regulation 330/2010 where the parties may need to conduct a so-called self-assessment. It describes the economic theories underpinning such assessment and presents the relevant economic concepts in a digestible manner. The book is intended as an easy reference tool for private practitioners and legal scholars. The second edition of the book has been labelled by many practitioners as their ‘bible’ on vertical agreements.
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Dingwall, Joanna. International Law and Corporate Actors in Deep Seabed Mining. Oxford University Press, 2021. http://dx.doi.org/10.1093/oso/9780192898265.001.0001.
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Corporate participation within deep seabed mining raises unique challenges for international law. Commercial investment by private corporate actors in deep seabed mining is increasing. The deep seabed beyond national jurisdiction (the Area) comprises almost three-quarters of the entire surface area of the oceans, and it is home to an array of prized commodities including valuable metals and rare earth elements. These resources constitute the common heritage of mankind. Acting under the United Nations Convention on the Law of the Sea (UNCLOS), the International Seabed Authority (ISA) is responsible for regulating the Area for the benefit of humanity and granting mining contracts. Although mining activities in the Area remain at the exploration stage, in recent years, there has been a marked growth in investment by private corporate actors, and an increasing impetus towards exploitation. This increasing corporate activity presents challenges, including in relation to matters of common management, benefit sharing, marine environmental protection and investment protection. In part, these challenges stem from the often-contentious role of non-state actors, such as corporations, within the international legal system. A product of its history, the UNCLOS deep seabed regime is an unlikely hybrid of capitalist and communist values, embracing the role of private actors while enshrining principles of resource distribution. As technological advances begin to outstrip legal developments, this study advances the discourse by addressing the extent of any tension between corporate commercial activity in the Area and the achievement of the common heritage of mankind.
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Dignam, Alan, and John Lowry. 7. Share capital. Oxford University Press, 2016. http://dx.doi.org/10.1093/he/9780198753285.003.0553.
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Titles in the Core Text series take the reader straight to the heart of the subject, providing focused, concise, and reliable guides for students at all levels. This chapter examines how company law governs maintenance of a company’s share capital, with emphasis on the distinction between private and public companies. It also discusses various ways in which shareholders might legally receive funds (‘distributions’) from the company, including issuance of shares and payment of shares in kind (that is, goods, property, or services rather than in cash). The relevance of the nominal value of shares issued to shareholders, the issue of paying dividends to shareholders, and disguised return of capital to shareholders are considered as well. The chapter also examines two other means of returning funds to shareholders, reduction of share capital and redemption or purchase by a company of its own shares, before concluding with an assessment of the prohibition and the exceptions concerning the issue of financial assistance for the acquisition of shares in a public company.
Book chapters on the topic "Distributions (private law)"
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Doorn-Hoekveld, Willemijn van, and Marleen van Rijswick. "Distributional Effects of Disaster Management." In Routledge Handbook of Private Law and Sustainability, 337–47. London: Routledge, 2024. http://dx.doi.org/10.4324/9781032662046-25.
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Kerameus, Konstantinos D. "Distribution Proceedings and Relationships among Creditors in a Comparative Perspective." In Private Law in the International Arena, 311–28. The Hague: T.M.C. Asser Press, 2000. http://dx.doi.org/10.1007/978-90-6704-575-9_19.
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Vinković, Mario. "Leading or Breeding; Looking Ahead: Gender Segregation in the Labour Market and the Equal Distribution of Family Responsibilities." In Gender Perspectives in Private Law, 129–51. Cham: Springer International Publishing, 2023. http://dx.doi.org/10.1007/978-3-031-14092-1_7.
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Iglezakis, Ioannis, Vasiliki Samartzi, Ria Papadimitriou, and Evgenia Smyrnaki. "Private Law Considerations in the Context of Apps’ Distribution via App Stores." In EU Internet Law in the Digital Single Market, 523–40. Cham: Springer International Publishing, 2021. http://dx.doi.org/10.1007/978-3-030-69583-5_22.
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Meira, Deolinda, and Maria Elisabete Ramos. "Social Enterprises and Benefit Corporations in Portugal." In The International Handbook of Social Enterprise Law, 739–58. Cham: Springer International Publishing, 2022. http://dx.doi.org/10.1007/978-3-031-14216-1_36.
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AbstractThe Portuguese legal system does not provide for the general regime of social enterprises. The legal notion offered by the Public Procurement Code has a sectoral scope, and the Basic Law on Social Economy is ambiguous as to the relationship between social enterprises and social economy. Benefit corporations have no legislative provision in the Portuguese legal order. However, “company” types are endowed with some flexibility. This allows shareholders to adapt the statutes to their business projects within the law’s limits through statutory clauses. Statutory clauses can incorporate the interests of the general community, workers and other stakeholders, translated, for example, into dividend distribution policies or environmentally sustainable practices, gender equality policies or the promotion of social responsibility measures.Although not expressly stated in Portuguese law, the current state of legal doctrine allows us to argue that social enterprises in Portugal are included in the perimeter of social economy entities.The areas of impact measured by B certification seem to be inspired by the experience concerning cooperatives, which combine social and economic aspects. Cooperatives, however, go beyond B-Corp entities. B certification, granted by private entity B-Lab, is not a new legal regime but only a label that distinguishes companies. Some Portuguese companies are B-Lab certified companies.
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del Val Talen, Paula. "Social Enterprises and Benefit Corporations in Spain." In The International Handbook of Social Enterprise Law, 803–30. Cham: Springer International Publishing, 2022. http://dx.doi.org/10.1007/978-3-031-14216-1_39.
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AbstractThis chapter provides an overview of the legal framework for social enterprises in Spain and portrays the benefit-corporation phenomenon from the perspective of the Spanish law. The former is presided over by Ley 5/2011, de 29 de marzo, de Economía Social (LES), the main conceptual and policy aspects of which are discussed in this chapter. On the latter, since benefit corporations are not regulated in Spain, the contribution draws up their identifying elements from both a comparative methodology and a failed proposal for a general interest private limited liability company (S.L.I.G.). We consider benefit corporations and their applicable regime within the everlasting debate on the role of profit—both objective and subjective—as part of the cause of the company contract. Against this background, this chapter provides three theoretical models for benefit corporations under the Spanish company law and assesses how they may be adapted into the articles of association. We then examine how core finance and governance aspects may be touched, namely, the distribution of profits, directors’ duties, and shareholder protection mechanisms. The chapter supports the view that benefit corporations may be lawfully formed de lege lata under the Spanish companies and social enterprise law, although significant regulatory amendments are advisable to smoothen the process.
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Preti, Sara, and Enrico di Bella. "Gender Equality as EU Strategy." In Social Indicators Research Series, 89–117. Cham: Springer International Publishing, 2023. http://dx.doi.org/10.1007/978-3-031-41486-2_4.
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AbstractGender equality is an increasingly topical issue, but it has deep historical roots. The principle of gender equality found its legitimacy, even if limited to salary, in the 1957 Treaty of Rome, establishing the European Economic Community (EEC). This treaty, in Article 119, sanctioned the principle of equal pay between male and female workers. The EEC continued to protect women’s rights in the 1970s through equal opportunity policies. These policies referred, first, to the principle of equal treatment between men and women regarding education, access to work, professional promotion, and working conditions (Directive 75/117/EEC); second, to the principle of equal pay for male and female workers (Directive 76/207/EEC); and finally, enshrined the principle of equal treatment between men and women in matters of social security (Directive 79/7/EEC). Since the 1980s, several positive action programmes have been developed to support the role of women in European society. Between 1982 and 2000, four multiyear action programmes were implemented for equal opportunities. The first action programme (1982–1985) called on the Member States, through recommendations and resolutions by the Commission, to disseminate greater knowledge of the types of careers available to women, encourage the presence of women in decision-making areas, and take measures to reconcile family and working life. The second action programme (1986–1990) proposed interventions related to the employment of women in activities related to new technologies and interventions in favour of the equal distribution of professional, family, and social responsibilities (Sarcina, 2010). The third action programme (1991–1995) provided an improvement in the condition of women in society by raising public awareness of gender equality, the image of women in mass media, and the participation of women in the decision-making process at all levels in all areas of society. The fourth action programme (1996–2000) strengthened the existing regulatory framework and focused on the principle of gender mainstreaming, a strategy that involves bringing the gender dimension into all community policies, which requires all actors in the political process to adopt a gender perspective. The strategy of gender mainstreaming has several benefits: it places women and men at the heart of policies, involves both sexes in the policymaking process, leads to better governance, makes gender equality issues visible in mainstream society, and, finally, considers the diversity among women and men. Among the relevant interventions of the 1990s, it is necessary to recall the Treaty of Maastricht (1992) which guaranteed the protection of women in the Agreement on Social Policy signed by all Member States (except for Great Britain), and the Treaty of Amsterdam (1997), which formally recognised gender mainstreaming. The Treaty of Amsterdam includes gender equality among the objectives of the European Union (Article 2) and equal opportunity policies among the activities of the European Commission (Article 3). Article 13 introduces the principle of non-discrimination based on gender, race, ethnicity, religion, or handicaps. Finally, Article 141 amends Article 119 of the EEC on equal treatment between men and women in the workplace. The Charter of Fundamental Rights of the Nice Union of 2000 reaffirms the prohibition of ‘any discrimination based on any ground such as sex’ (Art. 21.1). The Charter of Fundamental Rights of the European Union also recognises, in Article 23, the principle of equality between women and men in all areas, including employment, work, and pay. Another important intervention of the 2000s is the Lisbon strategy, also known as the Lisbon Agenda or Lisbon Process. It is a reform programme approved in Lisbon by the heads of state and governments of the member countries of the EU. The goal of the Lisbon strategy was to make the EU the most competitive and dynamic knowledge-based economy by 2010. To achieve this goal, the strategy defines fields in which action is needed, including equal opportunities for female work. Another treaty that must be mentioned is that of Lisbon in 2009, thanks to which previous treaties, specifically the Treaty of Maastricht and the Treaty of Rome, were amended and brought together in a single document: the Treaty on European Union (TEU) and the Treaty on the Functioning of the European Union (TFEU). Thanks to the Lisbon Treaty, the Charter of Fundamental Rights has assumed a legally binding character (Article 6, paragraph 1 of the TEU) both for European institutions and for Member States when implementing EU law. The Treaty of Lisbon affirms the principle of equality between men and women several times in the text and places it among the values and objectives of the union (Articles 2 and 3 of the TEU). Furthermore, the Treaty, in Art. 8 of the TFEU, states that the Union’s actions are aimed at eliminating inequalities, as well as promoting equality between men and women, while Article 10 of the TFEU provides that the Union aims to ‘combat discrimination based on sex, racial or ethnic origin, religion or belief, disability, age, or sexual orientation’. Concerning the principle of gender equality in the workplace, the Treaty, in Article 153 of the TFEU, asserts that the Union pursues the objective of equality between men and women regarding labour market opportunities and treatment at work. On the other hand, Article 157 of the TFEU confirms the principle of equal pay for male and female workers ‘for equal work or work of equal value’. On these issues, through ordinary procedures, the European Parliament and the Council may adopt appropriate measures aimed at defending the principle of equal opportunities and equal treatment for men and women. The Lisbon Treaty also includes provisions relating to the fight against trafficking in human beings, particularly women and children (Article 79 of the TFEU), the problem of domestic violence against women (Article 8 of the TFEU), and the right to paid maternity leave (Article 33). Among the important documents concerning gender equality is the Roadmap (2006–2010). In 2006, the European Commission proposed the Roadmap for equality between women and men, in addition to the priorities on the agenda, the objectives, and tools necessary to achieve full gender equality. The Roadmap defines six priority areas, each of which is associated with a set of objectives and actions that makes it easier to achieve them. The priorities include equal economic independence for women and men, reconciliation of private and professional life, equal representation in the decision-making process, eradication of all forms of gender-based violence, elimination of stereotypes related to gender, and promotion of gender equality in external and development policies. The Commission took charge of the commitments included in the Roadmap, which were indirectly implemented by the Member States through the principle of subsidiarity and the competencies provided for in the Treaties (Gottardi, 2013). The 2006–2010 strategy of the European Commission is based on a dual approach: on the one hand, the integration of the gender dimension in all community policies and actions (gender mainstreaming), and on the other, the implementation of specific measures in favour of women aimed at eliminating inequalities. In 2006, the European Council approved the European Pact for Gender Equality which originated from the Roadmap. The European Pact for Gender Equality identified three macro areas of intervention: measures to close gender gaps and combat gender stereotypes in the labour market, measures to promote a better work–life balance for both women and men, and measures to strengthen governance through the integration of the gender perspective into all policies. In 2006, Directive 2006/54/EC of the European Parliament and Council regulated equal opportunities and equal treatment between male and female workers. Specifically, the Directive aims to implement the principle of equal treatment related to access to employment, professional training, and promotion; working conditions, including pay; and occupational social security approaches. On 21 September 2010, the European Commission adopted a new strategy to ensure equality between women and men (2010–2015). This new strategy is based on the experience of Roadmap (2006–2010) and resumes the priority areas identified by the Women’s Charter: equal economic independence, equal pay, equality in decision-making, the eradication of all forms of violence against women, and the promotion of gender equality and women’s empowerment beyond the union. The 2010–2015 Strategic Plan aims to improve the position of women in the labour market, but also in society, both within the EU and beyond its borders. The new strategy affirms the principle that gender equality is essential to supporting the economic growth and sustainable development of each country. In 2010, the validity of the Lisbon Strategy ended, the objectives of which were only partially achieved due to the economic crisis. To overcome this crisis, the Commission proposed a new strategy called Europe 2020, in March 2010. The main aim of this strategy is to ensure that the EU’s economic recovery is accompanied by a series of reforms that will increase growth and job creation by 2020. Specifically, Europe’s 2020 strategy must support smart, sustainable, and inclusive growth. To this end, the EU has established five goals to be achieved by 2020 and has articulated the different types of growth (smart, sustainable, and inclusive) in seven flagship initiatives. Among the latter, the initiative ‘an agenda for new skills and jobs’, in the context of inclusive growth, is the one most closely linked to gender policies and equal opportunities; in fact, it substantially aims to increase employment rates for women, young, and elderly people. The strategic plan for 2010–2015 was followed by a strategic commitment in favour of gender equality 2016–2019, which again emphasises the five priority areas defined by the previous plan. Strategic commitment, which contributes to the European Pact for Gender Equality (2011–2020), identifies the key actions necessary to achieve objectives for each priority area. In March 2020, the Commission presented a new strategic plan for equality between women and men for 2020–2025. This strategy defines a series of political objectives and key actions aimed at achieving a ‘union of equality’ by 2025. The main objectives are to put an end to gender-based violence and combat sexist stereotypes, ensure equal opportunities in the labour market and equal participation in all sectors of the economy and political life, solve the problem of the pay and pension gap, and achieve gender equality in decision-making and politics. From the summary of the regulatory framework presented, for the European Economic Community first, then for the European Community, and finally for the European Union, gender equality has always been a fundamental value. Interest in the issues of the condition of women and equal opportunities has grown over time and during the process of European integration, moving from a perspective aimed at improving the working conditions of women to a new dimension to improve the life of the woman as a person, trying to protect her not only professionally but also socially, and in general in all those areas in which gender inequality may occur. The approach is extensive and based on legislation, the integration of the gender dimension into all policies, and specific measures in favour of women. From the non-exhaustive list of the various legislative interventions, it is possible to note a continuous repetition of the same thematic priorities which highlights, on the one hand, the poor results achieved by the implementation of the policies, but, on the other hand, the Commission’s willingness to pursue the path initially taken. Among the achievements in the field of gender equality obtained by the EU, there is certainly an increase in the number of women in the labour market and the acquisition of better education and training. Despite progress, gender inequalities have persisted. Even though women surpass men in terms of educational attainment, gender gaps still exist in employment, entrepreneurship, and public life (OECD, 2017). For example, in the labour market, women continue to be overrepresented in the lowest-paid sectors and underrepresented in top positions (according to the data released in the main companies of the European Union, women represent only 8% of CEOs).
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Ferran, Eilís, Elizabeth Howell, and Felix Steffek. "Distributions to Shareholders." In Principles of Corporate Finance Law, 257—C9N262. 3rd ed. Oxford University PressOxford, 2023. http://dx.doi.org/10.1093/oso/9780198854074.003.0009.
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Abstract This chapter is about dividends and other distributions to shareholders. It reviews aspects of corporate finance theory relating to dividend policy, including the signalling role of dividends and their role in addressing agency problems. The legal requirements and related accounting guidance relating to dividends are examined in depth. Issues considered include: the procedures for the declaration and payment of interim and final dividends; directors’ duties with respect to dividend policy and liabilities for unlawful dividends; unfair prejudice to shareholders; profits available for distribution; and relevant accounts. Government proposals to strengthen financial reporting and dividend regulation, including the establishment of a new statutory regulator, the Audit, Reporting and Governance Authority (ARGA) and the extension of certain reporting requirements to a larger group of companies, including large private companies, are outlined. The chapter notes the policy preference to address weaknesses by adding additional requirements rather than considering more fundamental solvency/liquidity-based reform.
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Dignam, Alan, and John Lowry. "7. Share capital." In Company Law, 115–43. Oxford University Press, 2020. http://dx.doi.org/10.1093/he/9780198848455.003.0007.
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Titles in the Core Text series take the reader straight to the heart of the subject, providing focused, concise, and reliable guides for students at all levels. This chapter examines how company law governs maintenance of a company’s share capital, with emphasis on the distinction between private and public companies. It also discusses various ways in which shareholders might legally receive funds (‘distributions’) from the company, including issuance of shares and payment of shares in kind (that is, goods, property, or services rather than in cash). The relevance of the nominal value of shares issued to shareholders, the issue of paying dividends to shareholders, and disguised return of capital to shareholders are considered as well. The chapter also examines two other means of returning funds to shareholders, reduction of share capital and redemption or purchase by a company of its own shares, before concluding with an assessment of the prohibition and the exceptions concerning the issue of financial assistance for the acquisition of shares in a public company.
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Dignam, Alan, and John Lowry. "7. Share capital." In Company Law, 103–29. Oxford University Press, 2022. http://dx.doi.org/10.1093/he/9780192865359.003.0007.
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Titles in the Core Text series take the reader straight to the heart of the subject, providing focused, concise, and reliable guides for students at all levels. This chapter examines how company law governs maintenance of a company’s share capital, with emphasis on the distinction between private and public companies. It also discusses various ways in which shareholders might legally receive funds (‘distributions’) from the company, including issuance of shares and payment of shares in kind (that is, goods, property, or services rather than in cash). The relevance of the nominal value of shares issued to shareholders, the issue of paying dividends to shareholders, and disguised return of capital to shareholders are considered as well. The chapter also examines two other means of returning funds to shareholders, reduction of share capital and redemption or purchase by a company of its own shares, before concluding with an assessment of the prohibition and the exceptions concerning the issue of financial assistance for the acquisition of shares in a public company.
Conference papers on the topic "Distributions (private law)"
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H. Gaughan, Patrick, En Cheng, Taylor C. Burgess, and Aine C. Bolton. "Using Latent Dirichlet Allocation to Explore the Dimensionality of the U.S. Practice of Law." In 4th International Conference on AI, Machine Learning and Applications. Academy & Industry Research Collaboration Center, 2024. http://dx.doi.org/10.5121/csit.2024.140204.
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Over the centuries, the U.S. practice of law has evolved into a complex and amorphous profession. To facilitate improved analysis and understanding, this exploratory study seeks to partition law practice areas into meaningful subgroups. The study applies Latent Dirichlet Allocation (“LDA”) as a soft clustering method to 437,210 individual U.S. lawyer profiles in private practice in 2000. The profiles came from a nationally recognized directory. The resulting subgroupings contain terms consistent with the hypothesized relationships. The results also suggest the possibility of systematically binning individual practice areas into discrete practice area distributions. As such, this study makes contributions to the existing literature in at least three areas: 1) it provides support for the existence of the hypothesized law practice relationships; 2) it provides an empirical basis for developing an improved measurement of the U.S. practice of law; and 3) this study also suggests additional research to advance the field.
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Prandl, Stefan, Mihai Lazarescu, Duc Son Pham, Sie Teng Soh, and Subhash Kak. "An Investigation of Power Law Probability Distributions for Network Anomaly Detection." In 2017 IEEE Security and Privacy Workshops (SPW). IEEE, 2017. http://dx.doi.org/10.1109/spw.2017.20.
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Nóbrega, Thiago, Carlos Eduardo S. Pires, and Dimas Cassimiro Nascimento. "Towards Auditable and Intelligent Privacy-Preserving Record Linkage." In Anais Estendidos do Simpósio Brasileiro de Banco de Dados. Sociedade Brasileira de Computação - SBC, 2023. http://dx.doi.org/10.5753/sbbd_estendido.2023.232442.
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Privacy-Preserving Record Linkage (PPRL) intends to integrate private/ sensitive data from several data sources held by different parties. It aims to identify records (e.g., persons or objects) representing the same real-world entity over private data sources held by different custodians. Due to recent laws and regulations (e.g., General Data Protection Regulation), PPRL approaches are increasingly demanded in real-world application areas such as health care, credit analysis, public policy evaluation, and national security. As a result, the PPRL process needs to deal with efficacy (linkage quality), and privacy problems. For instance, the PPRL process needs to be executed over data sources (e.g., a database containing personal information of governmental income distribution and assistance programs), with an accurate linkage of the entities, and, at the same time, protect the privacy of the information. In this context, our work presents contributions to improve the privacy and quality capabalities of the PPRL. Moreover, we propose improvement to the linkage quality and simplify the process by employing Machine Learning techniques to decide whether two records represent the same entity, or not; and enable the auditability the computations performed during PPRL.
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Nóbrega, Thiago, Carlos Eduardo S. Pires, and Dimas Cassimiro Nascimento. "Towards Auditable and Intelligent Privacy-Preserving Record Linkage." In Anais Estendidos do Simpósio Brasileiro de Banco de Dados. Sociedade Brasileira de Computação - SBC, 2021. http://dx.doi.org/10.5753/sbbd_estendido.2021.18170.
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Privacy-Preserving Record Linkage (PPRL) intends to integrate private/sensitive data from several data sources held by different parties. It aims to identify records (e.g., persons or objects) representing the same real-world entity over private data sources held by different custodians. Due to recent laws and regulations (e.g., General Data Protection Regulation), PPRL approaches are increasingly demanded in real-world application areas such as health care, credit analysis, public policy evaluation, and national security. As a result, the PPRL process needs to deal with efficacy (linkage quality), and privacy problems. For instance, the PPRL process needs to be executed over data sources (e.g., a database containing personal information of governmental income distribution and assistance programs), with an accurate linkage of the entities, and, at the same time, protect the privacy of the information. Thus, this work intends to simplify the PPRL process by facilitating real-world applications (such as medical, epidemiologic, and populational studies) to reduce legal and bureaucratic efforts to access and process the data, making these applications' execution more straightforward for companies and governments. In this context, this work presents two major contributions to PPRL: i) an improvement to the linkage quality and simplify the process by employing Machine Learning techniques to decide whether two records represent the same entity, or not; and ii) we enable the auditability the computations performed during PPRL.
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Zurin, Eduard, Elena Petruk, and Elena Bobkova. "Identification of the Indicators Set for Characterizing Adults’ Motor Activity." In The Public/Private in Modern Civilization, the 22nd Russian Scientific-Practical Conference (with international participation) (Yekaterinburg, April 16-17, 2020). Liberal Arts University – University for Humanities, Yekaterinburg, 2020. http://dx.doi.org/10.35853/ufh-public/private-2020-65.
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The article considers a set of indicators characterising motor activity in the adult population, as the definition of motor activity indicators of physical fitness and sport (MA) is considered in regulatory documents with different values. The present study examined the population distribution of average daily physical activity during the year, the limits of variability in quantitative measures of weekly physical activity, and preferred forms of exercise among the 1855 year old population of the Russian Federation (40,145 persons, including 14,677 men and 25,468 women) using the ONETRAK ecosystem and timekeeping of the week’s motor activity in adults (302 persons, 102 of them are males, and 200 are females). The population distribution of average daily physical activity during the year was found to be less than 4,000 steps per day for 18-27 year olds, and up to 4,475 steps per day for 28-55 year olds, an indication of low mobility. The amount of time spent on physical activity for the observation during the observed period characterises the physical activity boundaries of the economically active population within 30 min ± 10.5. The distribution of the volume of YES responses, expressed by the number of sessions during the week, shows a frequency of sessions in the range of 1-2 sessions (65.7%), 3 or more sessions are practiced by 26.3% of the respondents. Workout sessions take place in a freestyle format. Thus, our data confirms a low level of physical activity in the population aged 18 to 55. The identified physical activity indicators do not contribute to the cumulative effect of physical activity and the manifestation of the health-improving effect of physical education and sport activities.
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Jin, Kaizhong, Xiang Cheng, Jiaxi Yang, and Kaiyuan Shen. "Differentially Private Correlation Alignment for Domain Adaptation." In Thirtieth International Joint Conference on Artificial Intelligence {IJCAI-21}. California: International Joint Conferences on Artificial Intelligence Organization, 2021. http://dx.doi.org/10.24963/ijcai.2021/502.
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Domain adaptation solves a learning problem in a target domain by utilizing the training data in a different but related source domain. As a simple and efficient method for domain adaptation, correlation alignment transforms the distribution of the source domain by utilizing the covariance matrix of the target domain, such that a model trained on the transformed source data can be applied to the target data. However, when source and target domains come from different institutes, exchanging information between the two domains might pose a potential privacy risk. In this paper, for the first time, we propose a differentially private correlation alignment approach for domain adaptation called PRIMA, which can provide privacy guarantees for both the source and target data. In PRIMA, to relieve the performance degradation caused by perturbing the covariance matrix in high dimensional setting, we present a random subspace ensemble based covariance estimation method which splits the feature spaces of source and target data into several low dimensional subspaces. Moreover, since perturbing the covariance matrix may destroy its positive semi-definiteness, we develop a shrinking based method for the recovery of positive semi-definiteness of the covariance matrix. Experimental results on standard benchmark datasets confirm the effectiveness of our approach.
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Đorđević, Slavko. "Merodavno pravo za ugovor o distribuciji u međunarodnom privatnom pravu Srbije." In XVI Majsko savetovanje. University of Kragujevac, Faculty of Law, 2020. http://dx.doi.org/10.46793/upk20.075dj.
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In this paper author analyses the conflict-of-law regime for cross-border distribution contracts in Serbian private international law. The study begins with the characterisation of distribution contract and its delimitation form other similar contracts in Serbian legal system, such as a sale contract, franchising contract and agency contract. It continues with the analysis of conflict-of-law rules of Serbian PIL Act which have to be applied to distribution contract, where the attention is given to the choice of law rule of Art. 19 of Serbian PIL Act and to the hard conflict-of law rule for innominate contracts contained in Art. 20 point 20 of Serbian PIL Act which may be derogated by special escape clause (Art. 20 sentence 1 of Serbian PIL Act). This hard conflict-of-law rule is heavily criticised because it deviates from the principle of characteristic performance which has been established in hard conflict- of-law rules of Art. 20 point 1-19 that apply to nominate contracts. Finally, author analyses the issue of determining applicable law for formal validity of distribution contract as well as the application of overriding mandatory rules which directly affect the cross-border distribution contracts.
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Gboney, William Kwasi, John Cubbin, and Xeni Dassiou. "Empirical Assessment of the Impact of Power Sector Reforms in Africa: A Study of the Generation, Transmission and Distribution Sectors." In ASME 2008 2nd International Conference on Energy Sustainability collocated with the Heat Transfer, Fluids Engineering, and 3rd Energy Nanotechnology Conferences. ASMEDC, 2008. http://dx.doi.org/10.1115/es2008-54169.
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This paper is based on a research study which was carried out, to empirically assess the impact of power sector reforms, comprising privatization, competition and regulatory reforms in 29 African countries, for the period 1988–2005. The list of countries in the research sample is shown in Appendix 1. The main findings for the generation sector is that, in Africa, though energy sector regulation backed by sector law can bring about favorable outcomes, better results are likely to be achieved if the regulatory agency has been in existence for at least 3 years, and it co-exists with either competition ‘for’ the market or private sector participation. On private sector participation, the presence of Independent Power Producers, management contracts and private shareholding in generation assets, can enhance generation sector performance. The results on the transmission system seem to indicate that though the establishment of a regulatory agency can reduce transmission system loss level, this outcome is likely to be achieved if the regulatory agency has been existence for at least 3 years. On distribution system loss, it emerged that the sole existence of a regulatory agency may not be enough to influence a downward trend in distribution system loss level, unless the market, permits the co-existence of competition ‘for’ the market, with a regulatory agency.
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Prohnitchi, Valeriu, and Olga Gagauz. "Conturile naționale de transfer pentru Republica Moldova: profilul de vârstă al consumului și venitului din muncă." In Economic growth in the conditions of globalization: International Scientific-Practical Conference, XVIth edition. National Institute for Economic Research, 2022. http://dx.doi.org/10.36004/nier.cdr.2022.16.1.
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The NTA methodology is a modern system for estimating intergenerational balances within the System of National Accounts (SNA), which makes it possible to assess the contribution of individual age groups to the production and distribution of national income, as well as to explore the characteristics of income and consumption. NTA for Moldova, built for 2019, reflects the features of the socioeconomic context, the level of labor income, opportunities for savings, and the specifics of the consumption of the population. The big size of the economic life cycle deficit, defined as the difference between labor income and consumption, is determined by the low rate of employment and high costs of life in Moldova. The share of private transfers in LCD covering is much higher than that of public transfers. The private sector has a substantial role in intergenerational distribution, especially for the young generation, the older persons also being donors of private transfers. Education and health care are provided predominantly by the public sector. The public pension expenditure represented about one-third of the total volume of public transfers. People in the 30–48 age span produce the lifecycle surplus. They generate the largest share of labor income and contribute to both private and public transfers. The article was elaborated within the State Program Project (2020-2023) 20.80009.0807.21 „Migration, demographic changes, and situation stabilisation policies”. The implementation of the NTS methodology in Moldova was carried out with the financial support of the Population Fund (UNFPA).
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M, Anand, and Anuja S. B. "Load Distribution in Software Defined Networks for Enabling Big Data Tasks Scheduling." In The International Conference on scientific innovations in Science, Technology, and Management. International Journal of Advanced Trends in Engineering and Management, 2023. http://dx.doi.org/10.59544/jppl8547/ngcesi23p34.
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Benefited from its reliability and convenience, biometric identification has become one of the most popular authentication technologies. Due to the sensitivity of biometric data, various privacy-preserving biometric identification protocols have been proposed. However, the low computational efficiency or the security vulnerabilities of these protocols limit their wide deployment in practice. To further improve the efficiency and enhance the security, in this project, propose two new privacy-preserving biometric identification outsourcing protocols. One mainly utilizes the efficient Householder transformation and permutation technique to realize the high-efficiency intention under the known candidate attack model. The other initializes a novel random split technique and combines it with the invertible linear transformation to achieve a higher security requirement under the known-plaintext attack model. Also, we argue the security of our proposed two protocols with a strict theoretical analysis and, by comparing them with the prior existing works, comprehensively evaluate their efficiency.
Reports on the topic "Distributions (private law)"
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Lasserre, M., and V. Kompella, eds. Virtual Private LAN Service (VPLS) Using Label Distribution Protocol (LDP) Signaling. RFC Editor, January 2007. http://dx.doi.org/10.17487/rfc4762.
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Mendoza, Pamela, and Miguel Székely. Patterns, Trends and Policy Implications of Private Spending on Skills Development in Mexico and the United States. Inter-American Development Bank, March 2017. http://dx.doi.org/10.18235/0011784.
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This paper explores families' investment in skills development through education in a high-inequality, low-education quality country such as Mexico, comparing it to a lower-inequality, higher-quality education country such as the United States. The paper uses a series of high-quality Household Income and Expenditure Surveys for both countries spanning around 20 years and different methodological approaches. Of particular interest is the analysis of education expenditure patterns along the income distribution. Policy implications for both cases are discussed. While in Mexico stimulating private spending in education through public resources might be regressive, the opposite might be the case in the United States.
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Albornoz, Facundo, Guillermo Cruces, and María Lombardi. Trusting Covid-19 recommendations: The role of experts, markets and governments. Inter-American Development Bank, August 2023. http://dx.doi.org/10.18235/0005097.
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Do individuals trust experts' advice? Does the sector represented by these experts matter for trust and compliance? Do individuals prefer the public or the private sector for large-scale responses to events such as the pandemic? We answer these questions by means of a large-scale survey on a representative sample of 9,444 respondents from Argentina, Bolivia, Colombia, Ecuador, Mexico, Peru and Uruguay. We study if opinions on risk-mitigating actions against Covid-19 are shaped by expert recommendations and the sectors they represent. We identify a backlash against experts' recommendations that is robust across expert sectors and countries, and more pronounced for recommendations that require more effort to implement. We also find that, even for individuals with a low level of trust in the public sector, there is widespread agreement that governments should be preferred over the private sector to lead the production and distribution of vaccines. Most respondents, even those expressing distrust in governments, believe that governments should get involved in producing the vaccine for Covid-19, either exclusively or in a partnership with the private sector. This result is stronger for the distribution of the vaccine than for its production.
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Jimenez Mori, Raul Alberto, Lenin Balza, and Jorge Enrique Mercado Díaz. Privatization, Institutional Reform, and Performance in the Latin American Electricity Sector. Inter-American Development Bank, December 2013. http://dx.doi.org/10.18235/0009146.
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This paper explores the relationship between private sector participation, institutional reform, and performance of the electricity sector in 18 Latin American countries over the last four decades. As part of this study, an updated description of private participation and regulatory characteristics is provided, showing that private investment reaches US$155 billion translating into a participation of above 40 percent in generation and distribution, and around 25 percent in transmission. Still, it seems un-clear what are the positive outcomes that could be associated to this process; remaining performance challenges related with low coverage in rural areas, significant levels of electricity losses and high end-user prices. The empirical analysis herein addresses this issue by focusing on dimensions of efficiency, quality, and accessibility to the electricity service. The results suggest that privatization is robustly associated with improvements in quality and efficiency, but not with accessibility to the service. In contrast, regulatory quality is strongly associated with better performance in terms of both quality and accessibility. That is, regardless of the level of private participation, well-designed and stable sectoral institutions are essential for improving the performance of the electricity sector.
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Jaimovich, Analia, Gregory Elacqua, Julio Rodríguez Silva, Marcela Ortiz Guerrero, Liora Schwartz, and Alonso Román. Financiamiento de la educación en Chile: un análisis del funcionamiento de la subvención escolar. Banco Interamericano de Desarrollo, December 2022. http://dx.doi.org/10.18235/0004666.
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En años recientes, Chile ha incrementado sustantivamente su inversión en educación, producto de un crecimiento significativo tanto del gasto público como privado. Así, por ejemplo, mientras en 2004 los recursos públicos y los privados destinados a educación representaban un 2,6% y un 2,5% del PIB, respectivamente, hacia 2013 éstos habían aumentado a 5,7% y 3,0% (Santiago et al, 2017). Este reporte analiza la forma en que los recursos públicos son distribuidos en el sistema, entre establecimientos y entre sostenedores. Para ello, se enfoca principalmente en el financiamiento del sistema escolar a través de las subvenciones, evaluando las consecuencias distributivas del actual mecanismo de distribución de recursos en tres dimensiones: adecuación de recursos, equidad en la distribución de recursos, y planificación y administración de los recursos.
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Rud, Juan Pablo, Andres Fernandez, and Matías Busso. Firm Productivity as an Engine of Saving. Inter-American Development Bank, April 2016. http://dx.doi.org/10.18235/0009285.
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This technical note considers whether low savings in Latin America and the Caribbean may result from low productivity rather than vice versa. Economies with low TFP growth tend to be economies in which returns to investments are low, with low saving rates as well. In that sense, low TFP growth, by providing weaker incentives to save, could be another determinant of the low saving rates observed in the region. Moreover, firms need to invest, which in turn requires that they can access financial markets. If instead, firms are constrained because of financial frictions, some entrepreneurs may have to run small firms and save in order to fund their projects, slowing down aggregate productivity growth. This note further examines the distribution of private savings in the economy and the behavior of firm saving to explore whether financial frictions distort price signals and incentives to save.
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Keefer, Philip, Dino Caprirolo, Heather Sutton, José Antonio Mejía-Guerra, Ted Leggett, Iván Torre, James Andrew Lewis, Laura Jaitman, and Rogelio Granguillhome Ochoa. The Costs of Crime and Violence: New Evidence and Insights in Latin America and the Caribbean (Executive Summary). Inter-American Development Bank, February 2017. http://dx.doi.org/10.18235/0006383.
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This publication is the first to provide a comprehensive, systematic and rigorous analysis of the costs of crime in Latin America and the Caribbean. The main challenges in the region are addressed: the social cost of homicides, private and public spending on security, the penitentiary crisis, violence against women, organized crime and cybercrime. The volume estimates that the direct cost of crime for 17 LAC countries in 2010-2014 is, on average, 3.5 percent of the region's GDP--twice as much as in the developed world. This volume also provides a detailed analysis of the costs of crime in Brazil by state, as well as an examination of the geographical distribution and drivers of crime in the most dangerous subregions: the Northern Triangle in Central America and the Caribbean. The situation in terms of violence against women and cybercrime is assessed: the region is lagging behind to confront these new and old crimes. The complete version of this publication is available at https://publications.iadb.org/handle/11319/8133.
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Aedo, Cristían. Organización Industrial de la Prestación de Servicios Sociales. Inter-American Development Bank, March 1997. http://dx.doi.org/10.18235/0011819.
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El futuro de las reformas estructurales se encuentra en discusión en América Latina. Este documento tiene por objeto ofrecer una síntesis de los hechos y opiniones que están alimentando este debate. La primera sección muestra que aunque el proceso de reformas no se ha detenido, ha sido incompleto y muy heterogéneo, tanto entre países, como por áreas de reforma. Los mayores progresos se han dado en materia de reformas comerciales y financieras, mientras que los progresos en las áreas de reforma tributaria y privatizaciones han sido muy diversos entre unos países y otros, y en materia de legislación laboral se ha avanzado muy poco. La segunda sección analiza el estado de la opinión pública sobre las reformas. El desencanto con las reformas ha sido creciente, especialmente entre las clases medias, y está reflejando no tanto la situación económica de los países, ni el grado de avance las reformas, sino el hecho de que las privatizaciones se han combinado con problemas de corrupción en algunos países. La tercera sección revisa la discusión sobre los efectos de las reformas. Su impacto sobre el crecimiento parece haber sido positivo, aunque temporal, pero los efectos laborales y distributivos han diferido por áreas de reforma y según diversas circunstancias de los países. En particular, la efectividad de las reformas ha dependido crucialmente de la calidad de las instituciones públicas. La cuarta sección resume las principales propuestas para ampliar o reorientar la agenda de reformas de la región. Un grupo de propuestas contempla expandir el Consenso de Washington con políticas más activas que atiendan la necesidad de mayor estabilidad económica, más inclusión social y una mejor distribución del ingreso. Otro grupo propende por una visión más amplia de la agenda de desarrollo y enfatiza las interacciones entre la sociedad civil, el sector privado y el gobierno. Finalmente, una visión más radical propone un nuevo orden institucional nacional e internacional que limitaría el papel de los mercados y pondría freno a las tendencias de globalización.
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Young, Craig. Problematic plant monitoring in Arkansas Post National Memorial: 2006–2019. Edited by Tani Hubbard. National Park Service, July 2021. http://dx.doi.org/10.36967/nrr-2286657.
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Managers are challenged with the impact of problematic plants, including exotic, invasive, and pest plant species. Information on the cover, distribution, and location of these plants is essential for developing risk-based approaches to managing these species. Based on surveys conducted in 2006, 2011, 2015, and 2019, Heartland Network staff and contractors identified a cumulative total of 28 potentially problematic plant taxa in Arkansas Post National Memorial. Of the 23 species found in 2019, we characterized 9 as very low frequency, 7 as low frequency, 5 as medium frequency, and 2 as high frequency. Cover of all species was low with a single species slightly exceeding a 1-acre threshold based on a midpoint estimate. Efforts to control the woody invasive black locust, Chinese privet, and hardy orange appear to have successfully reduced the cover of these plants across the Memorial Unit. Japanese stiltgrass may have been increasing as recently as 2015, but a combination of recent flooding and control efforts may have stemmed the spread of this invasive grass. Efforts to control localized patches of Chinaberry tree also appear to have reduced the cover of this species. Outside of the problematic species currently subject
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Little, Charles, and David Biedenharn. Technical assessment of the Old, Mississippi, Atchafalaya, and Red (OMAR) Rivers : channel geometry analysis. Engineer Research and Development Center (U.S.), August 2022. http://dx.doi.org/10.21079/11681/45147.
Full textAbstract:
The Old River Control Complex (ORCC) consists of the Low Sill, Auxiliary, and Overbank structures as features of the Old River Control Structure (ORCS) and the privately owned hydro-electric power plant. Operations of the ORCC manage the hydrologic connectivity between the Mississippi River and the Atchafalaya River/Red River systems. The morphology of the Old, the Mississippi, the Atchafalaya, and the Red Rivers (OMAR) has been influenced by the flow distribution at the ORCC, as well as the accompanying bed sediments. A geomorphic assessment of the OMAR is underway to understand the morphological changes associated with operation of the ORCC. Supporting the geomorphic assessment, a channel geometry analysis herein documents observed adjustments of the affected river channels. Historical hydrographic survey data were used in the Geographic Information System to create river channel geometric models, which inform the analysis. Geometric parameters for cross sections and volume polygons were computed for each survey and evaluated for morphological trends which may be ascribed to the influence of the ORCC. Additionally, the geometric parameters for the Atchafalaya River were used to extend the geometry analyses from the 1951 Mississippi River Commission report on the Atchafalaya River, which was the primary catalyst for the initial development of the ORCS.