Third-party funding (TPF) has grown to be a popular phenomenon in the past two decades with a large global market (billions of USD). This success came with new complications regarding conflicts of interest that threaten the impartiality and independence of arbitrators who may have common-interests with funders. Disclosure of funding has been proposed as a solution and ordered in many cases. However, it was not always approached in systematic ways. Similar TPF cases may have inconsistent decisions. The thesis tackles disclosure in arbitrations to arrive to conclusions on whether it is needed, if all funding-information should be disclosed, and if legal-bases grant tribunals the powers to order such disclosures.  Disclosure opponents raise several objections, which are discussed in the thesis. One objection touches upon the root of many problems namely, TPF definitions. Opponents argue that available-definitions do not circumscribe many funding-models i.e., they are biased against an array of investors that should not be considered as funders. Due to the muddy waters that tribunals have been walking to decide issues on TPF-disclosure, there are inclinations to regulate disclosure. Lately, two national-legislations that include disclosure-regulations have been enforced in Hong Kong and Singapore. Few arbitral-institutions have addressed TPF disclosure (inter alia 2021 ICC Arbitration Rules). In jurisdictions and institutions without such regulations and rules, the soft-law IBA-Guidelines on Conflicts of Interest in International Arbitration have been used but with different interpretations depending on arbitrators’ views and case-circumstances. The respective definitions do not address modern economic-realities in secondary-markets of claims. This causes dilemmas in deciding if investors in such markets are considered as funders per se. The thesis assesses TPF-disclosure in international commercial arbitration and analyses its applications in primary and secondary markets. The aim is to draw the attention to disclosure challenges in both markets, propound recommendations, and show that solving such challenges calls for: (i) revising existent-definitions to accommodate evolving funding-models, (ii) differentiating between disclosure-requirements in primary and secondary markets, and (iii) regulating TPF of arbitrations. One result is a proposed definition for ‘TPF of arbitration’ that encompasses unattended issues in existent-definitions. Other results show the need for mandatory-disclosure of funders’ identities (leaving funding-arrangements to tribunals on a case-by-case basis). Such results help to strike a balance between avoiding conflicts of interests and funders’ non-disclosure interests i.e., balancing between TPF transparency and confidentiality.

This thesis deals with the problem of insurance fraud in the Czech Republic, focusing on insurance fraud in the real estate market. The work is divided into three parts. The first part involves a definition of the basic concepts of terminology used in the field of insurance, insurance fraud legislation as well as division, causes and investigation of insurance fraud. The second part deals with a statistical comparison and analysis of data within the insurance market, with a focus on individual regions of the Czech Republic and the identification of indicators of insurance fraud in these regions. The third part comprises deals with the calculation of indemnity during the claim settlement and the issue of insurance fraud in the real estate market.

This study will follow the development of the rules pertaining to apportionment of damages, with particular emphasis on the Apportionment of Damages Act 34 of 1956 (‘the Act”) and its applicability to contractual claims. It furthermore delves into the current legal position in England, Australia and New Zealand. In Thoroughbred Breeders Association v Price Waterhouse 1999 (4) SA 968 (W), the Court decided that the Act was applicable to contractual claims and apportioned the damages payable by the defendant to the plaintiff. However, the matter was taken on appeal with the decision of the Court a Quo overturned. It will be argued that, although the reasoning at first glance seems sound, upon closer examination, the application of the Act need not be limited solely to delictual claims. The best manner in which to remedy this lacunae in our law is an amendment to Section 1 (1) and 1(3) of the Act, to explicitly extend the application thereof to contractual claims. / Dissertation (LLM)--University of Pretoria, 2012. / Private Law / unrestricted

The live-commenting feature Facebook Live offers a unique look into how persuasion operates online. By giving citizen-users, or the viewertariat (see Anstead & O'Loughlin, 2011), the opportunity to comment on live political performances, Facebook Live presents a worthy site of investigation into how traditionally-powerful performer-persuaders (electoral candidates) now face off with traditionally-excluded masses of audience-persuadees (citizen-users). The livestream then becomes a mediated space of contestation, where the boundaries between persuader-persuadee and performer-audience fades, where, this study proposes, persuadee becomes persuader, rendering, in the process, the traditional persuader less persuasive, and thus less powerful. The study sought to understand how electoral persuasion operates online in Mauritius by using the Facebook livestreamed interviews of three candidates (incumbent, long-time, and first-time candidate) running in the December 2017 By-Election. A combined rhetorical and content analysis was conducted on candidates' representative claims (see Saward, 2006) and the viewertariat responses to these claims. This study finds that candidates employ a self-centred rhetoric, focusing on their ‘candidateness' rather than their representativeness, which, this study proposes, has ramifications on how candidates approach politics in contemporary Mauritius. The study also finds that the viewertariat is actively engaged in counter-persuasion, constructing their own (re)representative claims and exchanging primarily with other viewertariat members and lurkers (see Hill & Hughes, 1997). The viewertariat exhibits horizontal persuasion which, this study discusses, dilutes the vertical persuasion employed by candidates. The overall findings lead to the conclusion that rhetoric as a theoretical framework must be extended to adequately capture the persuasive dynamics in online electoral public spheres. A new theoretical framework is finally proposed, with the tripartite distinction between performer-text-audience rearranged to include performer-persuasive text-viewertariat-lurkers, and complemented with an argument as to the growing conceptual obsolescence of the ‘audience' in studying rhetoric online.

The diploma thesis deals with the current legislation of debt relief - as one of three types of insolvency proceedings, in which the situation of person, who has been declared insolvent, in compliance with Czech insolvency law can be resolved - as well as of the satisfaction of creditors' claims within these proceedings. Especially it is focused on problematic issues, that occur during the realisation phase of debt relief and for that the insolvency law does not give an explicit answer. First, the thesis deals with debt relief in theoretical view and provides a comprehensive overview of claims, which are in these proceedings satisfied and which ones are not, and their classification in according to succession, in that they are satisfied. This chapter is particularly focused on claims, which are secured by assets belonging to the insolvency estate, and subordinate claims, which can be satisfied, only when all other debts have been paid, and problems related to it. Second, the thesis describes the election procedure, within creditors choose a part of insolvency estate, which will be used for satisfaction of their claims, depending on debtor's assets and expected future earnings, and tries to answer a question, which type of majority of (unsecured) creditors is required to adopt a resolution on how to resolve...

The aim of this research has been to investigate the UK Home Office, Country Policy and Information Notes (CINP) in the asylum-seeking process, through investigating the case of Eritrean CINP documents from 2010 until 2018. This single case study aimed to confirm its theoretical background of Lukes 2005 three-dimensional view of power theory. A pattern-matching analysing technique was implemented to address the research questions with the effort of trying to find overlapping patterns between the theory and the observed patterns in the data. The result shows there are some similarities between patterns. The connection between the three dimensions of power and the three overlapping patterns are then broadly discussed.

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京都大学 / 0048 / 新制・課程博士 / 博士(社会健康医学) / 甲第19638号 / 社医博第71号 / 新制||社医||9(附属図書館) / 32674 / 京都大学大学院医学研究科社会健康医学系専攻 / (主査)教授 中山 健夫, 教授 今中 雄一, 教授 松原 和夫 / 学位規則第4条第1項該当 / Doctor of Public Health / Kyoto University / DFAM

Syftet med denna studie var att undersöka socialsekreterares föreställningar om skamkänslor hos kunder på ekonomiskt bistånd. För att uppnå studiens syfte valdes en kvalitativ metod i form av intervjuer med fem socialsekreterare. Intervjuerna analyserades med hjälp av teorier om stigma och skam, stämplingsteori samt intersektionalitet- och genusteori. Resultatet visade att skamkänslor upplevdes ta sig uttryck genom alltifrån kroppsspråk, muntligt yttrande till att kunden uteblir från möten. När det kom till hur skamkänslor påverkade samarbetet mellan socialsekreterare och kund, upplevde informanterna att det fanns flera faktorer som kunde påverka det, både i samband med och utöver skamkänslor, exempelvis individuella förutsättningar. Huruvida kundens kategoritillhörigheter upplevdes vara relaterade till skamkänslorna, varierade mellan informanterna. Avslutningsvis diskuterade informanterna hur kundens skamkänslor kunde minska på individ-, grupp- och samhällsnivå. Till exempel att kunden fick möjligheten att använda sig av e-ansökningar. Socialsekreterarnas roll blev också viktig gällande att informera om hur arbetet gick till både med kunden och ute i samhället. Olika stödinsatser nära kopplade till ekonomiskt bistånd upplevdes också vara i ett behov av att rustas upp för att förbereda individerna för arbetsmarknaden, exempelvis svenska för invandrare (SFI). Samhället upplevdes också behöva bli bättre på att släppa in stigmatiserade individer med psykisk ohälsa, missbruk och språksvårigheter på arbetsmarknaden. Vår slutsats utifrån intervjuerna var att skamkänslor upplevdes finnas hos en majoritet av kunderna. Det kunde uttryckas både fysiskt och muntligt i kundmöten och ha en positiv påverkan på hur fort kunden tog sig från ekonomiskt bistånd samt att kategoritillhörigheter inte var avgörande för individens skamkänslor, enligt informanterna. / The purpose of this study was to examine feelings of shame linked to social assistance based on the perceptions of social workers. To examine said purpose, a qualitative method was chosen by interviewing five social workers. The interviews were analyzed using theories about stigma and shame, labeling theory, intersectionality- and gender theory. The result showed that feelings of shame could be expressed through body language, verbal expressions and the customer not coming. There were several factors that could affect the cooperation between the social worker, with and excluding feelings of shame, for example individual circumstances. How the customers' characteristics were connected to feelings of shame, varied between the informants. Lastly, the informants discussed how customers' feelings of shame could lessen on an individual-, group and societal level, for example that the customer had the option to electronically apply for financial aid. The social worker’s role was important when informing how they work with the customer and out in the public. Different support instances connected to social assistance were perceived to be in need of rehabilitation to prepare the individuals for the labor market, for example through Swedish for immigrants. Society needed to improve on letting in stigmatized individuals with mental illnesses, addiction and language difficulties on the labor market. In conclusion: feelings of shame were perceived to exist in most customers, both physically, verbally and could positively affect how quickly they left social assistance. The customers' characteristics were not definitive for the individual’s feelings of shame, according to the informants.