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  • About
  • The Global ETD Search service is a free service for researchers to find electronic theses and dissertations. This service is provided by the Networked Digital Library of Theses and Dissertations.
    Our metadata is collected from universities around the world. If you manage a university/consortium/country archive and want to be added, details can be found on the NDLTD website.
1

Conditioning Community: Power and Decision-Making in Transitioning an Industry-based Community

Sailor, Lisa Elendra 28 June 2010 (has links)
While it is well understood that many resource-based communities are transitioning to tourism to provide a new economic foundation, few studies have probed in-depth the rationale and mechanisms influencing decision-making processes. This case study does that, providing the rationale behind Nanaimo’s City Council’s decision to build a conference centre and in so doing exposes the processes, actors and events that helped framed its decision. A coastal community in British Columbia, Canada, Nanaimo’s downtown suffered continual decline for nearly two decades. In an attempt to reverse the decline, City Council voted 8 to 1 in favour of a conference centre proposal based on its conviction that a centre would serve as a calling card for the community and function to attract both lifestyle residents and tourists. Moreover, Council’s vote signalled its commitment as an active partner in re-establishing the downtown and repositioning Nanaimo as a post-industrial city with high-level infrastructure and amenities. Although there was initial widespread community support, as the conference centre evolved through a series of iterations, one community group surfaced to challenge its merit and the lack of public engagement in the process. In response, another group surfaced to defend the decision. Through a community referendum, the decision was upheld and the community moved forward with the plan. Nonetheless, the viability of the project was threatened a second time with the civic election as several community residents who resisted the project ran for City Council on a platform that would have halted the project. The community, once again, affirmed the decision to proceed. This case has two steps. First, I present a descriptive analysis to illuminate how the community’s social networks played a role in moving a specific agenda forward. There were two phases of data collection from which data were compiled and analysed. The first phase of data collection examined a variety of written documents in the community and principally included minutes of the various City Committees, independent studies commissioned by the City, newspaper accounts, and sources of information provided by the participants. The information collected in this first phase of study helped to inform the 37 in-depth interviews collected in the second phase of the study. Critical discourse analysis was used to demonstrate how and why different groups in the community justified and rationalized an ideological stance supporting a political and economic framework underwritten by tourism. Overall, the strength of the case is in its details. In demonstrating how the social networks and the local coalitions’ capacity-building efforts shaped civic decision-making and public policy, one gains, in a Foucauldian sense, how governmentality played out as different groups engaged in resistant and counter-resistance mechanisms. Tracing these movements reveals how this community was conditioned towards an economic framework underwritten by a political economy of tourism. Moreover, this case demonstrates that although consideration should be given to the broader economic and political climate, it supports claims in the literature that a high degree of autonomy exists within community decision-making processes. Complementing this consideration is the need to theorize more carefully the role of democracy and governance in determining the satisfaction of outcomes. Finally, more consideration should be given by tourism scholars to be more reflexive about their research, its contested and emotive moments.
2

Conditioning Community: Power and Decision-Making in Transitioning an Industry-based Community

Sailor, Lisa Elendra 28 June 2010 (has links)
While it is well understood that many resource-based communities are transitioning to tourism to provide a new economic foundation, few studies have probed in-depth the rationale and mechanisms influencing decision-making processes. This case study does that, providing the rationale behind Nanaimo’s City Council’s decision to build a conference centre and in so doing exposes the processes, actors and events that helped framed its decision. A coastal community in British Columbia, Canada, Nanaimo’s downtown suffered continual decline for nearly two decades. In an attempt to reverse the decline, City Council voted 8 to 1 in favour of a conference centre proposal based on its conviction that a centre would serve as a calling card for the community and function to attract both lifestyle residents and tourists. Moreover, Council’s vote signalled its commitment as an active partner in re-establishing the downtown and repositioning Nanaimo as a post-industrial city with high-level infrastructure and amenities. Although there was initial widespread community support, as the conference centre evolved through a series of iterations, one community group surfaced to challenge its merit and the lack of public engagement in the process. In response, another group surfaced to defend the decision. Through a community referendum, the decision was upheld and the community moved forward with the plan. Nonetheless, the viability of the project was threatened a second time with the civic election as several community residents who resisted the project ran for City Council on a platform that would have halted the project. The community, once again, affirmed the decision to proceed. This case has two steps. First, I present a descriptive analysis to illuminate how the community’s social networks played a role in moving a specific agenda forward. There were two phases of data collection from which data were compiled and analysed. The first phase of data collection examined a variety of written documents in the community and principally included minutes of the various City Committees, independent studies commissioned by the City, newspaper accounts, and sources of information provided by the participants. The information collected in this first phase of study helped to inform the 37 in-depth interviews collected in the second phase of the study. Critical discourse analysis was used to demonstrate how and why different groups in the community justified and rationalized an ideological stance supporting a political and economic framework underwritten by tourism. Overall, the strength of the case is in its details. In demonstrating how the social networks and the local coalitions’ capacity-building efforts shaped civic decision-making and public policy, one gains, in a Foucauldian sense, how governmentality played out as different groups engaged in resistant and counter-resistance mechanisms. Tracing these movements reveals how this community was conditioned towards an economic framework underwritten by a political economy of tourism. Moreover, this case demonstrates that although consideration should be given to the broader economic and political climate, it supports claims in the literature that a high degree of autonomy exists within community decision-making processes. Complementing this consideration is the need to theorize more carefully the role of democracy and governance in determining the satisfaction of outcomes. Finally, more consideration should be given by tourism scholars to be more reflexive about their research, its contested and emotive moments.
3

Contornos político-jurídicos do poder decisório dos conselhos populares: análise após 30 anos da Assembleia Nacional Constituinte / Legal and political contours of the decision-making power of the popular councils: analysis after 30 years of the National Constituent Assembly

Antonietto, André Luís Gomes 18 August 2017 (has links)
Nesta dissertação, propusemos uma investigação dos contornos político-jurídicos do poder decisório dos conselhos populares, através de questões identificadas por meio da atividade de assessoria jurídica universitária popular a grupos e movimentos populares que participam desses órgãos. A primeira questão que analisamos diz respeito às garantias que a Constituição Federal de 1988 prevê para a existência e a participação da sociedade na gestão das políticas públicas por meio de conselhos populares. Identificamos que os conselhos populares foram pautados em inúmeras propostas que tramitaram na Assembleia Nacional Constituinte e que todas elas foram rejeitadas ou tiveram seu conteúdo bastante alterado no sentido de torná-las mais abstratas. Apesar da não aprovação das propostas, o contexto de mobilização popular da Constituinte contribuiu para a construção de um ideário participativo que viria a influenciar o processo de criação de conselhos populares por meio da regulamentação dos direitos sociais previstos na Constituição. Esse processo foi marcado pela reivindicação de conselhos com poder decisório, o que se expressou por meio da exigência de que esses tivessem caráter deliberativo. Entretanto, após três décadas da Constituinte, os conselhos deliberativos parecem não responder ao anseio pela participação popular nas decisões estatais. A partir dessa questão, propusemos um modelo analítico que considera as matizes do poder decisório atribuído aos conselhos para classificar suas atribuições, com base em alguns conceitos do Direito Administrativo. Por meio da análise realizada, buscamos demonstrar que a previsão de caráter deliberativo não é, por si só, suficiente para garantir poder de decisão aos conselhos, que deve ser expresso por meio da previsão de competências que especifiquem o alcance desse poder. Identificamos que há uma grande variedade de tipos de decisões que podem ser tomadas pelos conselhos e que as leis e normas que regulamentam esses órgãos estabelecem muitas competências imperfeitas, ou seja, aquelas que definem uma finalidade sem prever, contudo, os poderes instrumentais que permitam sua execução. Identificamos ainda uma tendência de que essas competências sejam estabelecidas por decreto, e não por lei, o que tende a prejudicar a autonomia dos conselhos. / In this dissertation, we proposed an investigation of the political and juridical contours of the decision power of the popular councils, through issues identified by means of the activity of popular legal advice at the university to groups and popular movements that participate these councils. The first question that we analyzed concerns the guarantees that the Federal Constitution of 1988 provides for the existence and participation of society in the management of public policies through popular councils. We identified that the popular councils were based on innumerable proposals that were processed in the Constituent National Assembly and that all of them were rejected or had their content heavily altered in the sense of making them more abstract. Despite the non-approval of the proposals, the context of popular mobilization of the Constituent Assembly contributed to the construction of a participatory ideology that would influence the process of creating the popular councils, through the regulation of social rights provided in the Constitution. This process was marked by the demand for councils with decision- making power, which was expressed through the requirement that these have a deliberative character. However, after three decades of the Constituent Assembly, the deliberative councils don\'t seem to respond to the wishes for popular participation in state decisions. From this point of view, we propose an analytical model that considers the nuances of the decision-making power attributed to the councils to classify their attributions, based on some concepts of Administrative Law. Through the analysis, we demonstrate that the prediction of deliberative feature isn\'t enough by itself to guarantee decision-making power to the councils, what should be expressed through the forecast of competencies that specify the scope of this power. We identified that there is a big variety of types of decisions that can be taken by councils and that the laws and norms that regulate these bodies establish many imperfect competencies, that is, those that define a purpose without, however, foreseeing the instrumental powers that allow its execution. We also identified a tendency for these competences are established by decree, not by law, which tends to undermine the autonomy of councils.
4

Contornos político-jurídicos do poder decisório dos conselhos populares: análise após 30 anos da Assembleia Nacional Constituinte / Legal and political contours of the decision-making power of the popular councils: analysis after 30 years of the National Constituent Assembly

André Luís Gomes Antonietto 18 August 2017 (has links)
Nesta dissertação, propusemos uma investigação dos contornos político-jurídicos do poder decisório dos conselhos populares, através de questões identificadas por meio da atividade de assessoria jurídica universitária popular a grupos e movimentos populares que participam desses órgãos. A primeira questão que analisamos diz respeito às garantias que a Constituição Federal de 1988 prevê para a existência e a participação da sociedade na gestão das políticas públicas por meio de conselhos populares. Identificamos que os conselhos populares foram pautados em inúmeras propostas que tramitaram na Assembleia Nacional Constituinte e que todas elas foram rejeitadas ou tiveram seu conteúdo bastante alterado no sentido de torná-las mais abstratas. Apesar da não aprovação das propostas, o contexto de mobilização popular da Constituinte contribuiu para a construção de um ideário participativo que viria a influenciar o processo de criação de conselhos populares por meio da regulamentação dos direitos sociais previstos na Constituição. Esse processo foi marcado pela reivindicação de conselhos com poder decisório, o que se expressou por meio da exigência de que esses tivessem caráter deliberativo. Entretanto, após três décadas da Constituinte, os conselhos deliberativos parecem não responder ao anseio pela participação popular nas decisões estatais. A partir dessa questão, propusemos um modelo analítico que considera as matizes do poder decisório atribuído aos conselhos para classificar suas atribuições, com base em alguns conceitos do Direito Administrativo. Por meio da análise realizada, buscamos demonstrar que a previsão de caráter deliberativo não é, por si só, suficiente para garantir poder de decisão aos conselhos, que deve ser expresso por meio da previsão de competências que especifiquem o alcance desse poder. Identificamos que há uma grande variedade de tipos de decisões que podem ser tomadas pelos conselhos e que as leis e normas que regulamentam esses órgãos estabelecem muitas competências imperfeitas, ou seja, aquelas que definem uma finalidade sem prever, contudo, os poderes instrumentais que permitam sua execução. Identificamos ainda uma tendência de que essas competências sejam estabelecidas por decreto, e não por lei, o que tende a prejudicar a autonomia dos conselhos. / In this dissertation, we proposed an investigation of the political and juridical contours of the decision power of the popular councils, through issues identified by means of the activity of popular legal advice at the university to groups and popular movements that participate these councils. The first question that we analyzed concerns the guarantees that the Federal Constitution of 1988 provides for the existence and participation of society in the management of public policies through popular councils. We identified that the popular councils were based on innumerable proposals that were processed in the Constituent National Assembly and that all of them were rejected or had their content heavily altered in the sense of making them more abstract. Despite the non-approval of the proposals, the context of popular mobilization of the Constituent Assembly contributed to the construction of a participatory ideology that would influence the process of creating the popular councils, through the regulation of social rights provided in the Constitution. This process was marked by the demand for councils with decision- making power, which was expressed through the requirement that these have a deliberative character. However, after three decades of the Constituent Assembly, the deliberative councils don\'t seem to respond to the wishes for popular participation in state decisions. From this point of view, we propose an analytical model that considers the nuances of the decision-making power attributed to the councils to classify their attributions, based on some concepts of Administrative Law. Through the analysis, we demonstrate that the prediction of deliberative feature isn\'t enough by itself to guarantee decision-making power to the councils, what should be expressed through the forecast of competencies that specify the scope of this power. We identified that there is a big variety of types of decisions that can be taken by councils and that the laws and norms that regulate these bodies establish many imperfect competencies, that is, those that define a purpose without, however, foreseeing the instrumental powers that allow its execution. We also identified a tendency for these competences are established by decree, not by law, which tends to undermine the autonomy of councils.
5

Tributação de resseguros no Brasil: discussão dos efeitos práticos após a solução de consulta n. 62/2017

Deperon, Valter 28 March 2018 (has links)
Submitted by Valter Deperon (vdeperon@gmail.com) on 2018-04-26T00:45:07Z No. of bitstreams: 1 Valter Deperon_Dissertacao Abril2018_versaofinal250418.pdf: 457197 bytes, checksum: 9d22b722941ef7a64a699e95eb5bc378 (MD5) / Rejected by Thais Oliveira (thais.oliveira@fgv.br), reason: Valter, boa tarde! Tivemos de rejeitar a Tese novamente, pois a data da aprovação está preenchida, deve estar em branco. e também deve conter o "Campo de Conhecimento" (este deve esta preenchido) acima da Data da Aprovação. Por gentileza, alterar e submeter novamente. Obrigada. Qualquer dúvida, entre em contato. on 2018-04-26T16:18:09Z (GMT) / Submitted by Valter Deperon (vdeperon@gmail.com) on 2018-04-26T21:25:09Z No. of bitstreams: 1 Valter Deperon_Dissertacao Abril2018_versaofinal260418.pdf: 457236 bytes, checksum: 1c91df12538fe6bdb4de139789c59112 (MD5) / Approved for entry into archive by Thais Oliveira (thais.oliveira@fgv.br) on 2018-04-26T22:00:31Z (GMT) No. of bitstreams: 1 Valter Deperon_Dissertacao Abril2018_versaofinal260418.pdf: 457236 bytes, checksum: 1c91df12538fe6bdb4de139789c59112 (MD5) / Approved for entry into archive by Suzane Guimarães (suzane.guimaraes@fgv.br) on 2018-04-27T13:59:54Z (GMT) No. of bitstreams: 1 Valter Deperon_Dissertacao Abril2018_versaofinal260418.pdf: 457236 bytes, checksum: 1c91df12538fe6bdb4de139789c59112 (MD5) / Made available in DSpace on 2018-04-27T13:59:54Z (GMT). No. of bitstreams: 1 Valter Deperon_Dissertacao Abril2018_versaofinal260418.pdf: 457236 bytes, checksum: 1c91df12538fe6bdb4de139789c59112 (MD5) Previous issue date: 2018-03-28 / Após a abertura do mercado de resseguros pela Lei Complementar nº 126/2007, três categorias de resseguradores foram criadas no Brasil: local, admitido e eventual. Os dois últimos formados por companhias estrangeiras que se instalaram no Brasil. Diante disso, houve muita incerteza a respeito do tratamento tributário que deveria ser aplicado sobre as transações de resseguros internacionais que, resumidamente, são: prêmios de resseguros, comissões de resseguros e sinistros pagos. O mercado se autorregulou e passou a praticar e a interpretar as regras fiscais, conforme a legislação securitária e tributária então vigente. Em 2017, a Receita Federal publicou a Solução de Consulta Cosit nº 62 que basicamente reafirmou o tratamento tributário que o mercado estava praticando para as categorias local e eventual, porém inovou ao equiparar o ressegurador admitido ao local, para fins fiscais. A razão da equiparação deu-se em função da exigência regulatória da Superintendência de Seguros Privados (SUSEP) de que o ressegurador admitido deva constituir um escritório de representação no Brasil, conferindo poderes a um procurador para aceitar e vincular a empresa estrangeira perante o mercado brasileiro. Com isso, concluiu-se que tal atividade equivaleria à do ressegurador local. O efeito prático de tal conclusão é um tratamento tributário semelhante ao conceito de Estabelecimento Permanente (EP), e a aplicação de regras tributárias locais ao admitido implica em um aumento significativo da carga tributária e das exigências e custos contábeis, financeiros e operacionais ao ressegurador admitido, o que inviabilizaria o mercado de seguros e resseguros, diante da potencial falta de cobertura para os riscos administrados no Brasil. A determinação de tratamento tributário equiparado a ressegurador local à empresa estrangeira não pode ser realizada por presunções formais legais, mas necessitaria de um exame concreto e fático de que, materialmente, as decisões de assunção de risco, subscrição e pagamento de indenizações está sendo feita pelo escritório de representação no Brasil, e não apenas em virtude de documentos formais. As atividades do escritório de representação não se confundem com as do ressegurado admitido estrangeiro por ele representado, existindo total independência e autonomia societária, contábil, operacional e fiscal. Embora tenha poder para assinatura de contratos, se tais poderes não são exercidos, o risco de EP é mitigado. A clara demonstração de ausência de execução de poder decisório e assinatura de contratos, bem como a revisão total dos processos internos, com a definição clara das atividades que são desempenhadas pelo escritório de representação é elemento de prova fundamental para afastar as potenciais autuações e discussões administrativas e judiciais. / After the opening of the reinsurance market under Complementary Law 126/2007, three categories of reinsurers were created in Brazil: local, admitted and occasional. The last two were formed by foreign companies that expanded into Brazil. As such, there was a lot of uncertainty regarding the tax treatment that should be applied to international reinsurance transactions, as follows: reinsurance premiums, reinsurance commissions and claims (indemnities) paid. The market was then self-regulated and began to apply and interpret the tax rules, in accordance with the regulatory insurance and tax laws applicable at that time. In 2017, the Federal Tax Authorities (RFB) issued the Cosit Advance Tax Ruling (ATR) nº 62, which basically confirmed the tax treatment that the market was practicing for the local and the occasional categories, but innovated by equating the admitted category to the local reinsurers for tax purposes. The reason for such an equation was based on SUSEP's regulatory requirement for admitted reinsurers to establish a representation office in Brazil, and to grant acceptance and binding powers to a local attorney-in-fact. As a result, it was understood that such activity would be equal to the local reinsurer business. The practical outcome of this conclusion is to consider the foreign entity with a Permanent Establishment (PE) tax treatment, therefore applying local tax rules to them, which imply in a substantial increase in the tax burden, as well as a stricter and more costly accounting, financial and operational framework. This ultimately shall result the insurance and reinsurance market to be considered unfeasible in Brazil, and might result in a potential lack of coverage for Brazilian insurance risks. The determination of tax treatment to the foreign company cannot be carried out simply by legal and formal presumptions; rather, it must require a concrete and factual examination of whether, in essence, the decision-making of risk acceptance, underwriting and claims payments are being effectively executed by the representation office in Brazil, and not merely by virtue of formal documents. The activities of the representation office must not be confused with those of the foreign admitted reinsurer, since there have full autonomy, and operational, corporate governance and tax independency in each entity. Although it has the power to sign contracts, if such powers are not executed, the risk of PE is mitigated. A clear demonstration of the absence of decision-making power of execution and signature of contracts and the overall review of internal processes, with clear definition of the activities that can be performed by the representative office is a fundamental evidence to rule out the potential tax assessments and administrative and judicial disputes.
6

Impact of Indigenous Culture on women leadership in Pakistan : How does indigenous culture of Pakistan restricts career progress and leadership abilities of females of Pakistan

Manzoor, Shafta January 2015 (has links)
“Although the subject of female leadership is very well documented at an international level, Pakistan still lacks enough research in this area. This scarcity of research gives rise to a commonly held belief that gender equality has been achieved in Pakistan which hides the gender stereotypes and discrimination practices still prevailing in the country.” “Digging into the experiences of thirty working women, this study examined the effect indigenous culture of Pakistan has in shaping their life experiences as well as career success. The study followed a qualitative research approach with phenomenological theoretical framework. Fifteen females were interviewed from urban areas and fifteen from rural areas to draw a holistic picture of indigenous culture of Pakistan and its effect on career success of females.” “Female participants of this study were interviewed on skype and the data gathered through these interviews was analysed using grounded theory approach. Interviews were taken in Urdu and transcriptions were prepared in English to conduct analysis for this study. Seven categories were initially developed through open coding, followed by three clusters through axial coding an lastly the study created a theoretical framework through selective coding. Findings of the study indicate that indigenous culture strongly effects the career success of working women in Pakistan. Based on thematic analysis, the study concludes that indigenous culture of Pakistan puts taboos on females in the form of family bevahior, expectations and the structurally enforced inferior status of females which effects their leadership skills negatively and restricts their career growth.” “Indigenous culture of Pakistan creates mobility issues for women which restricts the possibility to join better jobs at other places instead of their home town and it also effects expansion of entrepreneurial ventures by restricting females to their home towns. Apart from social mobility, culture restricts the decision making power of females which effects their self-recognition and vision development and other skills necessary to become a better leader. Females also face difficulty managing work and family life because of the uneven domestic work burden on females and the concept that woman is the caretaker of house no matter how tough her job gets. Single females don’t face the problem of managing house work and family life however they face issues such as social immobility, preference of male colleagues over them because of their perceived short work life, lack of decision making power and lack of self-confidence.” “The participants were of the view that despite of all the challenges brought by culture, they are still struggling for their career and fighting against the taboos put by culture.” “Respondents of this study agreed that their family support is most important factor for them to stand against the cultural taboos and pursue their dreams. Therefore, this study concludes that there is a strong need to change the mind-set prevailing in these societies that female is a creature who has to be agreeable and caretaker of family and who is responsible for saving relationships. Although efforts have been done to give women equal rights in Pakistan, these efforts will become more meaningful if general perception of society about women and their role starts to change which will require awareness programmes and cooperation from academic institutions and policy makers.” Page 4 of 97 Impact of Indigenous culture on Female Leadership in Pakistan “This study recommends a future research on the perception of males about female colleagues working with them in order to examine if males of countries like Pakistan are ready to accept female leaders. As this study was conducted on females only, for future it is recommended to examine the mind set of males of the society to draw a comparison between situation of females and impact of males mind set on this situation.”
7

Employer prerogative from a labour law perspective

Strydom, E. M. L. 03 1900 (has links)
In the sphere of labour and employment, "prerogative" is usually taken to refer to the "right to manage" an organisation. The right can be divided into those decisions which relate to the utilisation of the human resources of the organisation and decisions of an "economic" or "business" nature. This thesis focuses on the first category of decisionmaking. It is generally accepted by employers and trade unions that employers have the right to manage employees. The legal basis for this right is to be found in the contract of employment which has as one of its elements the subordination of the employee to the authority of the employer. This element affords the employer the legal right to give instructions and creates the legal duty for the employee to obey these instructions. Employers' right to manage is, however, neither fixed nor static. The main purpose of this thesis is to determine the extent of employers' right to manage employees. This is done by examining the restrictions imposed by the law {ie common law and legislation) and collective bargaining. The examination is accordingly focussed on what is Jett of employer prerogative. A number of conclusions are drawn from the examination. One of the most important conclusions reached is that, although most of an employer's common law decisionmaking powers have been statutorily regulated, none have been rescinded. The employer has accordingly retained its decision-making power, albeit in a more restricted or limited form. This makes further restriction of its decision-making power through contractual or statutory provisions or collective bargaining possible. It, however, also makes the lessening or even the total removal of these restrictions through future statutory provisions or collective bargaining possible. / Law / LL.D.
8

Employer prerogative from a labour law perspective

Strydom, E. M. L. 03 1900 (has links)
In the sphere of labour and employment, "prerogative" is usually taken to refer to the "right to manage" an organisation. The right can be divided into those decisions which relate to the utilisation of the human resources of the organisation and decisions of an "economic" or "business" nature. This thesis focuses on the first category of decisionmaking. It is generally accepted by employers and trade unions that employers have the right to manage employees. The legal basis for this right is to be found in the contract of employment which has as one of its elements the subordination of the employee to the authority of the employer. This element affords the employer the legal right to give instructions and creates the legal duty for the employee to obey these instructions. Employers' right to manage is, however, neither fixed nor static. The main purpose of this thesis is to determine the extent of employers' right to manage employees. This is done by examining the restrictions imposed by the law {ie common law and legislation) and collective bargaining. The examination is accordingly focussed on what is Jett of employer prerogative. A number of conclusions are drawn from the examination. One of the most important conclusions reached is that, although most of an employer's common law decisionmaking powers have been statutorily regulated, none have been rescinded. The employer has accordingly retained its decision-making power, albeit in a more restricted or limited form. This makes further restriction of its decision-making power through contractual or statutory provisions or collective bargaining possible. It, however, also makes the lessening or even the total removal of these restrictions through future statutory provisions or collective bargaining possible. / Law / LL.D.
9

Essays on Intra-household Decision-making, Gender and Socio-Economic Development

Ngenzebuke, Rama Lionel 21 February 2017 (has links)
This dissertation comprises four chapters, which mainly deal with female's participation in household decision-making, a very important aspect of female's bargaining power within the household and closely linked to female's empowerment. The first three chapters, which all deal with female's participation in household decision-making, are two sides of the same coin, in that while the first one delves into the determinants of female's participation in household decision-making, the second and third chapters deal with its beneficial consequences. The fourth chapter is linked with Chapter 1. As a matter of fact, the data used in Chapter 1 has been collected in Rural Burundi, in the framework of the FNRS/FRFC-funded project “Microfinance Services, Intra-household Behavior and Welfare in Developing Countries: A Longitudinal and Experimental Approach”, which funded my PhD scholarship. In 2012, the project funded data collection in Rural Burundi. In respect to the experimental component of the project, these are baseline data. The 2012 household survey targeted a sample of rural households that have been interviewed in 1998 and 2007. This is where the longitudinal design of the project comes into play. Independently from the experimental research, the longitudinal nature of the data, that is to say three waves of data (1998, 2007 and 2012), had the advantage of allowing panel analysis of interesting and relevant issues in development, including for example the long-term welfare effects of shocks at either individual or household levels.In Chapter 1, entitled “The Power of The Family: kinship and Intra-household Decision-making in Rural Burundi” and co-authored with Bram De Rock and Philip Verwimp, we delve into the determinants of female's participation in household decision-making, by laying a particular emphasis on the role of female's kinship. We show that in rural Burundi the characteristics of the female's kinship are highly correlated with her decision-making power. First, a female whose own immediate family is at least as rich as her husband's counterpart enjoys a greater say over children- and asset-related decision-making. Second, the size, relative wealth and proximity of the extended family also matter. Third, kinship characteristics prove to be more important than (standard) individual and household characteristics. Finally, we also show that the female's say over asset-related decision-making is positively associated with males' education, more than with female's education per se. All these correlation patterns can inform policies aiming at empowering women or targeting children through women's empowerment.In Chapter 2, entitled “The Returns of I Do: Multifaceted Female Decision-making and Agricultural Yields in Tanzania?”, I use the third round of the Tanzanian National Panel Survey to investigate the effect of multifaceted female's empowerment in agriculture on agricultural yields. The classic approach in the empirical literature on gender gap in agriculture includes the gender of the plot's owner/manager as the covariate of interest and interprets the associated coefficient estimate as the gender gap in agricultural productivity. Unlike this classic approach in the analysis of productivity differentials, my approach lays emphasis on the overlapping and interaction effects of manifold aspects of female's empowerment in agriculture, including female plot's ownership, female plot's management and female output's control. I find significant productivity gaps, which the classic empirical approach does not bring out in the same context. As compared to plots (solely) owned, managed and controlled by male, (i) plots merely owned by female and (ii) those owned & managed (but not controlled) by female are less productive, but those owned, managed & controlled by female are not. Furthermore, the latter are the more productive among plots at least owned by female. All these productivity gaps are predominantly explained by the structural effect, that is differences in productivity returns to observable production factors. Our findings are robust along a number of dimensions and suggest that female's management and control rights are of prime importance. Therefore, female plot's owners should be entitled the rights to manage their plot and, subsequently and most importantly, the rights to control the (agricultural) output of their work, for their productivity to be enhanced and the gender gap in agriculture to be closed. In Chapter 3, entitled “Say On Income and Children's Outcomes: Evidence from Nigeria”, I delve into the effect of female bargaining power on child education and labor outcomes in Nigeria. Female bargaining power is proxied by “female say on labor income”, rather than by her income per se. This is motivated by the fact the female labor force participation might be low in some contexts, while control over income is by all means what matters the most. The empirical methodology accounts for a number of empirical issues, including endogeneity and sample selection issues of female say on labor income, the multi-equation and mixed process features of the child outcomes, as well as the fact that hours of work are left-censored. My findings are consistent with the overall idea that female say on income leads to better child outcomes, rather than female income earning per se. Nevertheless, the type of income under female control, child gender and child outcome matter. Chapter 4, entitled “Violence Exposure and Welfare Over Time: Evidence From The Burundi Civil War” and co-authored with Marion Mercier and Philip Verwimp, investigates the relationship between exposure to conflict and poverty dynamics over time. We use a three-wave panel data from Burundi, which tracked individuals and reported local-level violence exposure in 1998, 2007 and 2012. Firstly, the data reveal that headcount poverty has not changed since 1998 while we observe multiple transitions into and out of poverty. Moreover, households exposed to the war exhibit a lower level of welfare than non-exposed households, with the difference between the two groups predicted to remain significant at least until 2017, i.e. twelve years after the conflict termination. The correlation between violence exposure and deprivation over time is confirmed in a household-level panel setting. Secondly, our empirical investigation shows how violence exposure over different time spans interacts with households' subsequent welfare. Our analysis of the determinants of households' likelihood to switch poverty status (i.e. to fall into poverty or escape poverty) combined with quintile regressions suggest that, (i) exposure during the first phase of the conflict has affected the entire distribution, and (ii) exposure during the second phase of the conflict has mostly affected the upper tail of the distribution: initially non-poor households have a higher propensity to fall into poverty while initially poor households see their propensity to pull through only slightly decrease with recent exposure to violence. Although not directly testable with the data at hand, these results are consistent with the changing nature of violence in the course of the Burundi civil war, from relatively more labor-destructive to relatively more capital-destructive. / Doctorat en Sciences économiques et de gestion / info:eu-repo/semantics/nonPublished
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Doktrína jedné hospodářské jednotky v soutěžním právu EU / The Single Economic Entity Doctrine in EU Competition Law

Lepara, Samir January 2020 (has links)
The Single Economic Entity Doctrine in EU Competition Law Focused on applying single economic entity doctrine in relation to merger control of State Owned Enterprises Abstract This thesis focuses on the issues surrounding single economic entity doctrine in relation to State Owned Enterprises (SOEs), in particular on the effects of Article 22 of the Preamble of Council Regulation (EC) No 139/2004 of 20 January 2004 on the control of concentrations between undertakings (EUMR), and the Commission Consolidated Jurisdictional Notice under Council Regulation (EC) No 139/2004 on the control of concentrations between undertakings. Together these documents set the standards for merger control practice concerning SOEs. They are centred around the principle of applying the single economic entity doctrine when identifying the turnover of SOEs and when determining the jurisdiction of the Commission. The thesis possesses two major goals. The primary goal of the thesis is to elucidate the criteria used for the determination of a single economic unit (single economic entity) with independent decision-making power in the public sector. To this end, in chapter 3, the author has synthetized a list of the relevant criteria used for the determination of an economic entity, based on the criteria used by the Commission that have...

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