Organisations play a vital role in assisting communities to recover from disasters. They are the key providers of goods and services needed in both response and recovery efforts. They provide the employment which both anchors people to place and supports the taxation base to allow for necessary recovery spending. Finally, organisations are an integral part of much day to day functioning contributing immensely to people’s sense of ‘normality’ and psychological wellbeing. Yet, despite their overall importance in the recovery process, there are significant gaps in our existing knowledge with regard to how organisations respond and recover following disaster. This research fills one part of this gap by examining collaboration as an adaptive strategy enacted by organisations in the Canterbury region of New Zealand, which was heavily impacted by a series of major earthquakes, occurring in 2010 and 2011. Collaboration has been extensively investigated in a variety of settings and from numerous disciplinary perspectives. However, there are few studies that investigate the role of collaborative approaches to support post-disaster business recovery. This study investigates the type of collaborations that have occurred and how they evolved as organisations reacted to the resource and environmental change caused by the disaster. Using data collected through semi-structured interviews, survey and document analysis, a rich and detailed picture of the recovery journey is created for 26 Canterbury organisations including 14 collaborators, six non-traders, five continued traders and one new business. Collaborations included two or more individual businesses collaborating along with two multi-party, place based projects. Comparative analysis of the organisations’ experiences enabled the assessment of decisions, processes and outcomes of collaboration, as well as insight into the overall process of business recovery. This research adopted a primarily inductive, qualitative approach, drawing from both grounded theory and case study methodologies in order to generate theory from this rich and contextually situated data. Important findings include the importance of creating an enabling context which allows organisations to lead their own recovery, the creation of a framework for effective post-disaster collaboration and the importance of considering both economic and other outcomes. Collaboration is found to be an effective strategy enabling resumption of trade at a time when there seemed few other options available. While solving this need, many collaborators have discovered significant and unexpected benefits not just in terms of long term strategy but also with regard to wellbeing. Economic outcomes were less clear-cut. However, with approximately 70% of the Central Business District demolished and rebuilding only gaining momentum in late 2014, many organisations are still in a transition stage moving towards a new ‘normal’.

付記する学位プログラム名: グローバル生存学大学院連携プログラム / 京都大学 / 0048 / 新制・課程博士 / 博士(地球環境学) / 甲第21242号 / 地環博第178号 / 新制||地環||35(附属図書館) / 京都大学大学院地球環境学舎環境マネジメント専攻 / (主査)教授 岡﨑 健二, 准教授 小林 広英, 准教授 西前 出 / 学位規則第4条第1項該当 / Doctor of Global Environmental Studies / Kyoto University / DFAM

Mercantile Law / Mini Dissertation (LLM)--University of Pretoria, 2019. / Mercantile Law / LLM / Unrestricted

South African company law has provided for the rescue of financially distressed companies since 1926 when the statutory procedure of judicial management was introduced by the Companies Act 46 of 1926. Unfortunately, judicial management has never been regarded as a successful corporate rescue procedure and for most of its existence it has been severely criticised on many grounds. The Companies Act 61 of 1973 that replaced the Companies Act 46 of 1926 did very little to improve this situation and judicial management remained underutilised. As a result, the Companies Act 71 of 2008 now introduces two newly-created corporate rescue procedures in the form of business rescue proceedings and the compromise with creditors. This study analyses judicial management and the new corporate rescue procedures to establish whether the identified weaknesses of judicial management have been adequately and effectively addressed in the new procedures. A comparative study with similar procedures in England and Germany is undertaken to determine whether the South African legislature has delivered on its promise to create a system of corporate rescue that will meet the needs of a modern South African economy. Several weaknesses in the new procedures are identified and a number of recommendations are made to improve the relevant provisions and to assist in providing South African company law with an efficient and acceptable corporate rescue regime. / Mercentile Law / LLD (Mercentile Law)

Made available in DSpace on 2016-04-26T20:21:33Z (GMT). No. of bitstreams: 1 Paola Cantarini Queirolo.pdf: 871953 bytes, checksum: cf8c726ccc2cf1c8e47ccdb081b2cbac (MD5) Previous issue date: 2013-03-26 / This dissertation was developed with a focus on fundamental rights, the principle of proportionality, philosophy and philosophy of law, to obtain a perspective of humanization of commercial law, allowing for debate and reflection on the design of the new Brazilian Commercial Code through an analysis Legal of socio-economic, developed within the framework of capitalism humanist doctrine. First dealt with the search for a new interpretation of the law, considering its fictional nature, while a product before they will desire, as well as his character autopoietic, postulating a necessary and indissoluble link him with the philosophy and the arts, highlighting what would be the most political among them, since its birth, namely the theater. Thus, we sought a new look in this new interpretation, more sensitive and reflective, launched on commercial law, which would be more closely coupled with humanism and human dignity, right to human rights of otherness, via principle proportionality. This is making the attempt, however difficult that presents itself, for it considers absolutely necessary to reconcile the individualistic and self-centered capitalism with a new humanism, still in gestation, "antropophiliac" to initiate it with him, Also, a new capitalism, humanistic, based on brotherhood, solidarity and human dignity. For the last, it is the analysis of the relationship between the principle of proportionality and human dignity in order to better cope with further questions, crucial, resulting from collisions between fundamental rights and / or fundamental principles, so as to preserve the essence fundamental right of all and the very democratic state, precisely, human dignity, which looms as what's more important to be preserved, preserving us. In a second step, we analyze the issue of flexibility of labor law (working conditions), indicating, in this aspect, the unconstitutionality of the current Bankruptcy and Corporate Restructuring (Law No. 11.101/05) and also Project Brazilian Commercial Code (PL No. 1572/2011), via the principle of proportionality, as understood through unremovable realization of human dignity and democratic state / A presente dissertação de mestrado foi desenvolvida com foco nos direitos fundamentais, princípio da proporcionalidade, filosofia e filosofia do direito, visando alcançar uma perspectiva de humanização do direito comercial, ensejando o debate e a reflexão acerca do Projeto do novo Código Comercial Brasileiro através de uma análise jurídica de cunho sócioeconômico, desenvolvida no marco da doutrina do capitalismo humanista. Primeiramente tratou-se da busca por nova interpretação do direito, considerando sua natureza ficcional, enquanto um produto antes do desejo que da vontade, assim como o seu caráter autopoiético, postulando uma necessária e indissolúvel vinculação dele com a filosofia e com as artes, destacando-se aquela que seria a mais política dentre elas, desde seu nascedouro, a saber, o teatro. Destarte, buscou-se um novo olhar nessa nova interpretação, mais sensível e reflexiva, lançado sobre o direito comercial, o qual passaria a ser conjugado mais estreitamente com o humanismo e com a dignidade humana, logo com os direitos humanos da alteridade, via princípio da proporcionalidade. Trata-se de fazer a tentativa, por mais difícil que se apresente, por considera-la absolutamente necessária, de se conciliar o capitalismo individualista e egocêntrico com um novo humanismo, ainda em gestação, antropofilíaco , para que se instaure com ele, também, um novo capitalismo, humanista, com fundamento na fraternidade, na solidariedade e na dignidade humana. Por derradeiro, faz-se a análise da relação entre o princípio da proporcionalidade e a dignidade humana, visando posteriormente o melhor enfrentamento das questões, cruciais, resultantes de colisões entre direitos fundamentais e/ou princípios fundamentais, a fim de que se preserve o conteúdo essencial de todo direito fundamental e do próprio Estado Democrático de Direito, precisamente, a dignidade humana, que avulta como o que há de mais importante a ser preservado, preservando-nos. Em um segundo momento, é analisada a questão da flexibilização do direito do trabalho (das condições de trabalho), apontando, neste aspecto, as inconstitucionalidades da atual Lei de Falências e Recuperação de Empresas (Lei nº 11.101/05) e também do Projeto de Código Comercial Brasileiro (PL nº 1572/2011), via princípio da proporcionalidade, entendido como meio inafastável de realização da dignidade humana e do Estado Democrático de Direito

South African company law has provided for the rescue of financially distressed companies since 1926 when the statutory procedure of judicial management was introduced by the Companies Act 46 of 1926. Unfortunately, judicial management has never been regarded as a successful corporate rescue procedure and for most of its existence it has been severely criticised on many grounds. The Companies Act 61 of 1973 that replaced the Companies Act 46 of 1926 did very little to improve this situation and judicial management remained underutilised. As a result, the Companies Act 71 of 2008 now introduces two newly-created corporate rescue procedures in the form of business rescue proceedings and the compromise with creditors. This study analyses judicial management and the new corporate rescue procedures to establish whether the identified weaknesses of judicial management have been adequately and effectively addressed in the new procedures. A comparative study with similar procedures in England and Germany is undertaken to determine whether the South African legislature has delivered on its promise to create a system of corporate rescue that will meet the needs of a modern South African economy. Several weaknesses in the new procedures are identified and a number of recommendations are made to improve the relevant provisions and to assist in providing South African company law with an efficient and acceptable corporate rescue regime. / Mercentile Law / LLD (Mercentile Law)