Could shareholder primacy, with its assumed short-termist practices, have had its day when it comes to managerial activity centered on creating corporate value? Many business and opinion leaders appear to take this position, not least Jack Welch who famously declared 'shareholder primacy is the dumbest idea in the world!' Indeed, in a post-Crash economy has a wider stakeholder focus with a longer-term outlook superseded any business notions of shareholder primacy and wealth maximization? This research examines these possibilities through a consideration of the narrative companies produce, such as annual reports. From this corpus material, an assessment is made of whether UK managers' perceptions about corporate value generation changed over the period covering the worldwide financial crisis, with respect to their relative favouring of shareholders and stakeholders. The corpus of narrative material used is visualized as a conceptual space in which a conversation reflecting perceptual bias to the generation of corporate value occurs. To explore such corpuses, in order to compare narratives at points either side of the 2008 Crash, a new methodology was devised called narrative staining. Hence, a detection and visual mapping over the period was made possible of managers' changing perceptions concerning primacy (shareholder or stakeholder orientation) with its mediation by termism (a short or long-term bias). Termism is also originally conceived as part of a larger temporal category, which includes a sense of urgency to act (urgent versus non-urgent) that is similarly examined. The investigation reveals that over time perceptual change about value creation happened, though in unanticipated ways. Companies pre-Crash were often short-term stakeholder oriented then moved post-Crash to a long-term shareholder orientation. A focus for this study was the corporate domain, consisting of a selection of FT250 companies. However, managerial perceptions about corporate value creation are influenced not simply by the conversation of the corporate domain but rather by a multi-actor conversation taking place throughout the business environment. To comprehend this effect, the research mines further corpuses that comprise the UK's regulatory domain (hard and soft law), the press (Financial Times and other newspapers), and relevant peripheral stakeholder organizations (including the Confederation of British Industry, the Institute of Directors, and the Trades Union Congress). These organizations demonstrated more complex, unforeseen, perceptual effects as the financial crisis proceeded with many aligning according to their political or business agenda, which also impacted any sense of urgency to act they had. There appears to be no previous attempt at an extensive and multivariate analysis of this nature. And the findings challenge prevalent characterizations of shareholder and stakeholder behaviour. Moreover, the research shows that utilizing a wide set of stakeholder corpuses acts a viable proxy for broader financial perspectives amongst UK organizations. The technique of narrative staining therefore provides insights, hitherto inaccessible, for assessing and consolidating large-scale perceptual bias regarding value creation across the economy. The technique also has significant potential for other applications.

Cette thèse propose une théorie générale des normes internationales qui prescrivent l'existence ou l'inexistence d'une règle interne. Cette entreprise, qui est une première dans la doctrine de droit international, présente, à titre principal, deux intérêts. Premièrement, elle démontre que le concept de normes internationales prescrivant l'existence ou l'inexistence d'une règle interne permet de décrire une partie fondamentale du droit international positif, habituellement présentée au moyen d'autres concepts très connus, en particulier le principe de primauté ou de supériorité du droit international et le conflit ou la contrariété entre droit international et droit interne. Deuxièmement, en s'appuyant sur 250 instruments et 750 jugements, extraits principalement du droit des affaires, du droit de l'environnement, du droit des droits de l'homme, du droit pénal, du droit du travail et du droit de l'Union européenne, cette thèse prouve qu'il existe un régime commun à l'ensemble des normes internationales qui prescrivent l'existence ou l'inexistence d'une règle interne. / This thesis establishes a general theory of international norms which prescribe the validity or the invalidity of an internal rule. This research, the first of its sort to be undertaken in international legal doctrine, follows two principal lines of enquiry. Firstly, it demonstrates that the concept of international norms which prescribe the validity or the invalidity of an internal rule provide a basis on which to describe a fundamental part of positive international law, usually presented by mean of well-know others concepts as the principle of primacy or superiority of the international law, and the conflict or contradiction between international law and internal law. Secondly, this thesis draws on more than 250 legal instruments and 750 judgments, relating principally to business law, environmental law, human-rights law, criminal law, labour law and European Union law, to illustrate the existence of a coherent regime governing all international norms prescribing the validity or the invalidity of an internal rule.

National Identity as a Corrective of the Absolute Primacy of European Law. The aim of this thesis is to analyse national identity within Article 4(2) TEU and the potential of such article to serve as a legal ground for derogation from obligation imposed by EU law. From a wider perspective, the thesis attempts to assess whether introduction of Article 4(2) TEU redefined the relation between national legal orders and EU law. The thesis is divided into three chapters. The first chapter deals with the pivotal principle of EU law primacy. The chapter explains two distinctive approaches adopted by the CJEU (absolute primacy) and the Member States (relative primacy). In the second chapter, the author firstly provides brief history of obligation to respect national identity in the Treaties. Secondly, she examines the content of term "national identity". The author claims that Article 4(2) TEU has a composite (pluralistic) structure, thus, the national courts and the CJEU plays different roles in application of the obligation to respect national identity. The national identity is inherently linked to the constitutional law of Member States, therefore, it must be defined by its constitutional courts. At the same time, the CJEU lacks the competence to interpret national identity as such, however, it is...

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Magister Legum - LLM / With regard to the establishment of legislative frameworks for investigating and prosecuting genocide, crimes against humanity and war crimes at both national and international level, a number of pertinent issues come up concerning the Court which should have primacy to deal with a particular case. States have had a variety of options at their disposal, such as complementarity, exclusivity, subsidiarity and concurrent jurisdiction principles. As a rule, these experiences find their limits in the full criminalisation of conduct that is also punishable before the international criminal tribunals under international law, ignoring the fact that international law does not provide definite guidance with respect to a number of questions in relation to interaction between national and international jurisdiction vis-à-vis the ‘core crimes.’ In addition,a considerable increase in the content of international law and divergences in various legal systems in criminal law, both general and special, since the end of World War II, influence the effective prosecution of ‘core crimes.’ Against this background; this work is organised into five chapters. Chapter one gives a general introduction and background to the study. Chapter two will set out the present international legal framework governing the prosecution of ‘core crimes’ in national courts and a description of the relevant practice in various states. Chapter three will examine critically the jurisdiction and overlaps of the international courts and ad hoc tribunals,along with the corresponding models of international criminal justice of exclusivity, subsidiarity, complimentarity and concurrent jurisdiction. Chapter four seeks to discuss the optimal relationship based on interactions between national and international jurisdictions. It will also include the merits and limits of both jurisdictions, basing on existing precedents and legislation.Finally, Chapter five contains a summary of conclusions drawn from the whole study and winds up with a set of recommendations.

This research is important because it has identified a gap in the existing knowledge base. A term is therefore coined to label a computer-based test mode effect, the so-called Item Randomisation Effect, discussed in detail in this thesis. Item Randomisation Effect is a test mode effect occurring in computer-based testing contexts, especially noticeable in test-takers that may be susceptible to test anxiety. The practise of randomising multiple choice items in computer-based test venues is commonplace, mainly as a deterrent for cheating. Previous research attempted to determine the degree of equivalence across testing modalities of any test. The need was to ensure test-takers in paper-based tests would not have an advantage/disadvantage over test-takers given the same test in a computer-based mode. Such studies have a nomothetic perspective. This research contrasts with those earlier studies in that it has an ideographic perspective because it is concerned with the performance of individuals taking any test in the computer-based modality. This subtle difference in perspective may account for the apparent gap in the existing educational research literature. Evidence of Item Randomisation Effect was found in this study but further research into this test mode effect is necessary. / Dissertation (MEd (Computer-Integrated Education))--University of Pretoria, 2008. / Curriculum Studies / unrestricted

Hostility is a multidimensional construct that has been extensively studied. It has been shown that hostility affects cognitive (Shimojima et al., 2003), behavioral (Prkachin & Silverman, 2002), visual (Herridge, Mollet, Harrison, & Shenal, in press), somatosensory (Herridge, Harrison, & Demaree, 1997a), auditory (Demaree & Harrison, 1997a), motor (Demaree et al., 2002) and pre-motor functioning (Williamson & Harrison, 2003). In order to extend and integrate the present literature on hostility and the effects of negative emotional state on cognition, the present investigation used a cold pressor to induce a negative emotional/pain state in high and low hostile participants and measured. The subsequent effects on the acquisition of the Auditory Affective Verbal Learning Test (AAVLT; Snyder & Harrison, 1997) were measured. Blood pressure (BP) readings were taken before and after the cold pressor to examine cardiovascular regulation in high and low hostiles. Further, before the first trial participants were asked to predict the number of words that they would be able to recall on the first trial. After completion of the experiment participants were asked to estimate their performance relative to other participants. The measures were used to assess self-awareness in high and low hostile participants, which may be impaired in high hostile individuals (Demaree & Harrison, 1997b). As expected, high hostiles learned negative emotional words significantly better than they learned positive words. Additionally, high hostiles were impaired in their acquisition of verbal material relative to low hostile participants. Low hostile participants learned more words faster and reached asymptote sooner. A significant primacy effect for negative emotional words and an overall better recall of negative information was found. Analysis on each of the four groups of the experiment indicated that participants in the cold pressor group performed similar to the high hostile participants. The cold pressor facilitated negative learning and also slowed verbal learning relative to the no cold pressor group. It was predicted that high and low hostiles would differ on baseline measures of systolic blood pressure (SBP), diastolic blood pressure (DBP), and heart rate (HR) and that they would demonstrate increased cardiovascular reactivity in response to the cold pressor. These hypotheses were not supported. Self-awareness measures also failed to produce significance. These results support the proposal that high hostiles differ from low hostiles in a number of modalities. They demonstrate the persistence of negative emotional material. Future work should address what kinds of implications these factors have on high hostiles in daily interactions / Master of Science

Knowledge management (KM) has been cited as a strategic asset and a source of competitive advantage for organisations. While the issues of KM have been widely discussed by many researchers, there is a paucity of studies pertaining to the role of KM in enhancing organisational performance, especially in the banking sector. The focus of this research was to investigate the role of KM in enhancing organisational performance in selected banks of South Africa. The objective was to find out how knowledge was identified, captured, organised and retained in order to enhance performance of the banks. There is uncertainty about whether the use of KM could partly solve the banks‟ approaches to improving their quality of service to their communities in the modern information environment. Though KM has been implemented in commercial and business environments towards operational advantages and financial gains, KM survival principles and tools might help South African banks improve performance and fulfil their mandate. Knowledge, when properly managed, can significantly enhance an organisation‟s performance. The research design that was used in this study was an embedded case study design. Quantitative data were collected from a sample of middle level managers with the aid of a survey whilst interviews and document analysis were used to collect qualitative data. The findings of this study indicated that KM concepts were not universally understood at selected banks. The findings showed that collaboration between banks and the communities in creating a meaningful and relevant knowledge environment was essential for the survival of organisations. The banking industry practices were not deliberately based on KM but the study established that they were amenable to KM practices. The recommendation was to perform a knowledge inventory which could help develop appropriate institution-wide policies and practices for proper and well-organised methods of integrating work processes, collaborating and sharing (including the efficient use of knowledge technology platforms), and developing an enabling institutional culture. / Psychology / Ph. D. (Consulting Psychology)

La notion d’identité constitutionnelle permet de qualifier le positionnement respectif des ordres juridiques irlandais et français face à la primauté du droit de l’Union européenne. Comparé à la jurisprudence européenne, leurs régimes constitutionnels relatifs à ce droit externe n’offrent qu’une immunité et affirme in fine la suprématie de la Constitution en tant qu’expression de la souveraineté nationale. Pourtant, les juridictions des deux pays montrent une attitude conciliante fondée sur une relation de contenu entre normes constitutionnelles et européennes. Plutôt qu’un essentialisme, la notion d’identité constitutionnelle représente un discours portant sur la Constitution suivant lequel une qualité identitaire est reconnue aux normes constitutionnelles susceptibles de mettre en échec les dispositions dédiées à la primauté des normes européennes au terme d’une interprétation les mettant en balance.Malgré des affirmations différentes de leur souveraineté nationale, l’accroissement du contrôle de l’application du droit européen est un objectif commun dans la jurisprudence des deux pays. La dynamique institutionnelle qui caractérise le processus interprétatif qu’implique la notion d’identité constitutionnelle privilégie les juridictions et mène à une forme singulière de dialogue avec la Cour européenne de justice conciliant primauté du droit européen et suprématie de la Constitution. Les monologues menant à une exclusion de l’application du droit européen au nom de l’identité constitutionnelle sont une invitation faite à la juridiction européenne pour établir une coexistence pacifique entre les ordres juridiques définie par une union de mots dans une diversité de sens. / Comparing the Irish and French legal orders leads to describe the appraisal of the primacy of European Union law by the notion constitutional identity. In contrast to the claims of the European Court of Justice, the constitutional regime regarding European rules, both in Irish and French law, only provides for immunity and ultimately affirms the supremacy of the Constitution as the norm expressing national sovereignty. Still, Irish and French courts display a conciliatory attitude focused on aligning the material content of domestic and European norms. Rather than essentialism, the notion of constitutional identity represents a discourse on the Constitution whereby the identity status qualifies those constitutional norms which can defeat constitutional provisions dedicated to the prevalence of European rules as a result of an interpretative balancing process.While manifesting different affirmations of national sovereignty, the common objective of Irish and French courts is attaining increased control of the application of European Union rules. The institutional dynamics distinguishing the notion of constitutional identity as an interpretative process involve both an empowerment of the judiciary and a specific form of dialogue with the European Court of Justice regarding the conciliation between the primacy of European Union law and the supremacy of the Constitution. Judicial monologues protecting constitutional identity mean possible exclusions of the domestic application of European law and constitute an invitation to the European Court of Justice to agree to a peaceful co-existence of the two legal orders defined as a unity of words with a diversity of meanings.

Knowledge management (KM) has been cited as a strategic asset and a source of competitive advantage for organisations. While the issues of KM have been widely discussed by many researchers, there is a paucity of studies pertaining to the role of KM in enhancing organisational performance, especially in the banking sector. The focus of this research was to investigate the role of KM in enhancing organisational performance in selected banks of South Africa. The objective was to find out how knowledge was identified, captured, organised and retained in order to enhance performance of the banks. There is uncertainty about whether the use of KM could partly solve the banks‟ approaches to improving their quality of service to their communities in the modern information environment. Though KM has been implemented in commercial and business environments towards operational advantages and financial gains, KM survival principles and tools might help South African banks improve performance and fulfil their mandate. Knowledge, when properly managed, can significantly enhance an organisation‟s performance. The research design that was used in this study was an embedded case study design. Quantitative data were collected from a sample of middle level managers with the aid of a survey whilst interviews and document analysis were used to collect qualitative data. The findings of this study indicated that KM concepts were not universally understood at selected banks. The findings showed that collaboration between banks and the communities in creating a meaningful and relevant knowledge environment was essential for the survival of organisations. The banking industry practices were not deliberately based on KM but the study established that they were amenable to KM practices. The recommendation was to perform a knowledge inventory which could help develop appropriate institution-wide policies and practices for proper and well-organised methods of integrating work processes, collaborating and sharing (including the efficient use of knowledge technology platforms), and developing an enabling institutional culture. / Psychology / Ph. D. (Consulting Psychology)