Bates et al.(2009)之實證發現，美國公司自1980年至2006年之間，平均現金比率有大幅上升的現象，但由於全球資本市場逐漸走向自由化與國際化，因此任一國家的資本市場若受到了某些衝擊，將會迅速地影響、擴散到其他國家，因此本研究認為，現金持有量的改變可能並非單一存在於某幾個國家，而是更廣泛地存在於世界各國；另外，就公司企業的融資決策而言，由於公司本身所持有之現金可能與企業融資決策的改變有較為直接的關係，因此當融資方式有所改變的時候，將較容易於現金比率上反映出來，據此，研究資本市場的變化對企業現金比率的影響，將對瞭解企業融資方式的改變有所助益。因此，本研究以世界35國國內之上市公司為樣本，分析使企業現金比率產生變化的可能原因。 本研究所選用之財務指標以及非財務指標之參數估計值為顯著者，均符合預防性動機(The Precautionary Motive)、代理問題(The Agency Motive)，或是Bates et al.(2009)所提出的「交易成本的考量」等論點；另外，研究結果亦顯示，不論是依循Fama and French (1998)之計量方法，或是使用時間序列截面迴歸(TSCSREG: Time Series Cross Section Regression)之分析方式，在1996年之後，一直到2008年為止，公司的現金比率均會因為股票市場的相對發展程度較高而較高，本研究認為上述現象可能與公司於股票市場上取得資金所需承擔的發行成本之高低有關，此結論亦與前述預防性動機之推論相符合(The Precautionary Motive)。

This thesis is based on the assumption that the intersection of moral philosophy and practical risk management is a rewarding area to study. In particular, the thesis assumes that concepts, ideas, and methods that are used in moral philosophy can be of great benefit for risk analysis, but also that practices in risk regulation provide a useful testing ground for moral philosophical theories. The thesis consists of an introduction and five articles. Article I is a review article on social and ethical aspects of radiation protection related to nuclear power generation. The paper concludes that four areas of social and ethical issues stand out as central: The first is uncertainty and the influence of value judgments in scientific risk assessments. The second is the distributions of risks and benefits between different individuals, in both space and time. The third is the problem of setting limits when there is no known level of exposure associated with a zero risk. The fourth is related to stakeholder influence and risk communication. Article II discusses ethical issues related to the proposal that doses (or risks) below a certain level should be excluded from the system of radiation protection, without any regard for the number of people exposed. Different arguments for excluding small radiation doses from regulation are examined and a possible solution to the problem of regulating small risks is proposed in the article: Any exclusion of small doses (or risks) from radiation protection ought to be based on a case-by-case basis, with the condition that the expected value of harm remains small. Article III examines what makes one distribution of individual doses better than another distribution. The article introduces a mathematical framework based on preference logic, in which such assessments can be made precisely in terms of comparisons between alternative distributions of individual doses. Principles of radiation protection and from parallel discussions in moral philosophy and welfare economics are defined using this framework and their formal properties analyzed. Article IV argues that the ethical theory of “responsibility-catering prioritarianism” is well positioned to deal with the reasonable requirements in an ethical theory of risk. The article shows how responsibility-catering prioritarianism can be operationalized using a prioritarian social welfare function based on hypothetical utilities. For this purpose, a hypothetical utility measure called ‘responsibility-adjusted utility’ is proposed, which is based on the utility that would normally be expected given circumstances outside of the control of the individual. Article V was written as a response to the Fukushima disaster. Several authors have called the Fukushima disaster a ‘black swan.’ However, the article argues that the hazards of large earthquakes and tsunamis were known before the accident, and introduces and defines the concept of a ‘black elephant,’ as (i) a high-impact event that (ii) lies beyond the realm of regular expectations, but (iii) is ignored despite existing evidence. / QC 20120816

No description available.

Thèse numérisée par la Division de la gestion de documents et des archives de l'Université de Montréal

The political discourse that has emerged as a consequence of establishing a European regulatory framework for GMOs has not been without problems. This dissertation addresses the political and regulatory challenges created by the development and use of genetically modified organisms (GMOs) in the EU. The underlying hypothesis in the dissertation is that the emergence of a European policy in the field of GMOs has appeared through new reflexive forms of governance. The aim of this research is to understand how these reflexive forms of regulation have emerged and operate within the EU, with a particular focus on the two GMO directives 90/220/EEC and 2001/18/EC. However, the study scrutinises the regulatory regimes from the 1970s onwards by investigating how the regulatory framework regarding GMOs has been developed and implemented in the EU. This is done through an analysis of the notion of ‘risk’ and the ‘precautionary principle’ since these concepts have been at the forefront of the GMO regulation debate. The empirical approach focuses on how the European Commission, the European Parliament and the European Council as well as other actors and institutions articulate ambivalence, interpretations and uncertainties in the decision-making processes regarding regulative measures for GMOs, with an accent on risk and the precautionary principle. The main empirical material has been documents concerning the inter-institutional process involved in the regulatory process of making the two directives. The analysis indicates that during the process of implementing GMO regulations, new steering strategies have appeared within the EU’s decision-making institutions when the objective of the regulation has taken centre stage in political and scientific controversies. / Den politiska diskursen som har uppstått som en följd av upprättandet av ett europeiskt regelverk för GMO har inte varit utan problem. Denna avhandling behandlar de politiska utmaningar som alstrats av skapandet och tillämpningen av genetiskt modifierade organismer (GMO) inom EU. Den underliggande hypotesen i avhandlingen är att framväxten av en europeisk politik på området för GMO har uppstått genom nya reflexiva regleringsformer. Syftet med denna forskning är att förstå hur reflexiva regleringsformer har uppkommit och opererar inom EU, med särskilt fokus på de två GMO direktiven 90/220/EEG och 2001/18/EG. Studien analyserar lagstiftning från 1970-talet och framåt genom att undersöka hur lagstiftningen om genetiskt modifierade organismer har utvecklats och implementerats i EU. Detta görs genom en analys av begreppen ‘risk’ och ‘försiktighetsprincipen’ eftersom dessa begrepp har varit centrala för debatten om GMO lagstiftningen. Den empiriska metoden fokuserar på hur Europeiska kommissionen, Europaparlamentet och Europeiska rådet samt andra aktörer och institutioner har uttryckt ambivalens, tolkningar och osäkerhet i beslutsfattandet gällande reglerings åtgärder för genetiskt modifierade organismer, med tonvikt på risk och försiktighetsprincipen. Det huvudsakliga empiriska materialet är dokument gällande den interinstitutionella processen som ägde rum när de två direktiven skapades. Analysen visar att implementeringen av GMO lagstiftningen har skapat nya styrningsstrategier i synnerhet i de fall där ändamålet med lagstiftningen har varit föremål för politiska och vetenskapliga kontroverser.

The purpose of this study was to make a contribution towards decision–making in complex environmental problems, especially where data is limited and associated with a high degree of uncertainty. As a young scientist, I understood the value of science as a measuring and quantification tool and used to intuitively believe that science was exact and could provide undisputable answers. It was in 1997, during the Safety Assessments done at the Vaalputs National Radioactive Waste Repository that my belief system was challenged. This occurred after there were numerous scientific studies done on the site that was started since the early 1980’s, yet with no conclusion as to how safe the site is in terms of radioactive waste disposal. The Safety Assessment process was developed by the International Atomic Energy Agency (IAEA) to transform the scientific investigations and data into decision–making information for the purposes of radioactive waste management. It was also during the Vaalputs investigations when I learned the value of lateral thinking. There were numerous scientists with doctorate and master’s degrees that worked on the site of which I was one. One of the important requirements was to measure evaporation at the local weather station close to the repository. It was specifically important to measure evaporation as a controlling parameter in the unsaturated zone models. Evaporation was measured with an Apan that is filled with water so that the losses can be measured. Vaalputs is a very dry place and water is scarce. The local weather station site was fenced off, but there was a problem in that the aardvark dug below the fence and drank the water in the A–pan, so that no measurements were possible. The solution from the scientists was to put the fence deeper into the ground. The aardvark did not find it hard to dig even deeper. The next solution was to put a second fence around the weather station and again the aardvark dug below it to drink the water. It was then that Mr Robbie Schoeman, a technician became aware of the problem and put a drinking water container outside the weather station fence for the aardvark and – the problem was solved at a fraction of the cost of the previous complex solutions. I get in contact with the same thinking patterns that intuitively expect that the act of scientific investigations will provide decision–making information or even solve the problem. If the investigation provides more questions than answers, the quest is for more and more data on more detailed scales. There is a difference between problem characterization and solution viidentification. Problem characterization requires scientific and critical thinking, which is an important component but that has to be incorporated with the solution identification process of creative thinking towards decision–making. I am a scientist by heart, but it was necessary to realise that apart from research, practical science must feed into a higher process, such as decision–making to be able to make a practical difference. The process of compilation of this thesis meant a lot to me as I initially thought of doing a PhD and then it changed me, especially in the way I think. This was a life changing process, which is good. As Jesus said in Mathew 3:2 And saying, Repent (think differently; change your mind, regretting your sins and changing your conduct), for the kingdom of heaven is at hand. / Thesis (Ph.D. (Geography and Environmental Studies))--North-West University, Potchefstroom Campus, 2011.

The purpose of this study was to make a contribution towards decision–making in complex environmental problems, especially where data is limited and associated with a high degree of uncertainty. As a young scientist, I understood the value of science as a measuring and quantification tool and used to intuitively believe that science was exact and could provide undisputable answers. It was in 1997, during the Safety Assessments done at the Vaalputs National Radioactive Waste Repository that my belief system was challenged. This occurred after there were numerous scientific studies done on the site that was started since the early 1980’s, yet with no conclusion as to how safe the site is in terms of radioactive waste disposal. The Safety Assessment process was developed by the International Atomic Energy Agency (IAEA) to transform the scientific investigations and data into decision–making information for the purposes of radioactive waste management. It was also during the Vaalputs investigations when I learned the value of lateral thinking. There were numerous scientists with doctorate and master’s degrees that worked on the site of which I was one. One of the important requirements was to measure evaporation at the local weather station close to the repository. It was specifically important to measure evaporation as a controlling parameter in the unsaturated zone models. Evaporation was measured with an Apan that is filled with water so that the losses can be measured. Vaalputs is a very dry place and water is scarce. The local weather station site was fenced off, but there was a problem in that the aardvark dug below the fence and drank the water in the A–pan, so that no measurements were possible. The solution from the scientists was to put the fence deeper into the ground. The aardvark did not find it hard to dig even deeper. The next solution was to put a second fence around the weather station and again the aardvark dug below it to drink the water. It was then that Mr Robbie Schoeman, a technician became aware of the problem and put a drinking water container outside the weather station fence for the aardvark and – the problem was solved at a fraction of the cost of the previous complex solutions. I get in contact with the same thinking patterns that intuitively expect that the act of scientific investigations will provide decision–making information or even solve the problem. If the investigation provides more questions than answers, the quest is for more and more data on more detailed scales. There is a difference between problem characterization and solution viidentification. Problem characterization requires scientific and critical thinking, which is an important component but that has to be incorporated with the solution identification process of creative thinking towards decision–making. I am a scientist by heart, but it was necessary to realise that apart from research, practical science must feed into a higher process, such as decision–making to be able to make a practical difference. The process of compilation of this thesis meant a lot to me as I initially thought of doing a PhD and then it changed me, especially in the way I think. This was a life changing process, which is good. As Jesus said in Mathew 3:2 And saying, Repent (think differently; change your mind, regretting your sins and changing your conduct), for the kingdom of heaven is at hand. / Thesis (Ph.D. (Geography and Environmental Studies))--North-West University, Potchefstroom Campus, 2011.

The theme of this thesis is that ecologically sustainable coastal management (ESCM) is achievable through the application of law. Once the legal principles and the administrative structures that that law supports have been put into place a framework is created within which the goal of ecologically sustainable development - 'Development that improves the total quality of life, both now and in the future, in a way that maintains the ecological processes on which life depends' can be realised. This thesis approaches the task by analysing the components of ecologically sustainable development (ESD), synthesising them into a set of principles for achieving ESCM and then, by using a comparative approach, devising a number of recommendations, which, if followed, will enable ESCM to be achieved. While the focus is on ESCM, the recommendations could be applied with minimal adaptation, to most, if not all, natural resource management. The thesis is divided into five Parts. Part A looks at the function of law in ESCM and proposes a theoretical model for a legal and administrative regime to be tested in the remaining Parts. Part B considers the context for ESCM and the policies and approaches followed by the different jurisdictions compared throughout this thesis, in addressing sustainable development, with emphasis in chapter four on devising the principles for ESCM. These principles are then developed and analysed in the remaining Parts of the thesis. Part C looks at the current constitutional legal regime for the coastal zone in each jurisdiction and then moves on to consider the first two of the principles for ESCM, international responsibilities and integrated coastal zone management, linked together in this part by the direct dependence on law as the agent for management Part D is about the four remaining principles of ESCM - the practical instruments for achieving ESCM. These are environmental impact assessment, public participation, coastal planning and economic instruments. In the last Part, Part E, the suggested principles for ESCM are brought together and, by a comparison of the various legal and administrative mechanisms used in the jurisdictions reviewed in this thesis, recommendations for achieving ESCM are drawn up. It is suggested that implementation of these recommendations will achieve ecologically sustainable coastal management.

No description available.

The Czech Republic as a signatory of the Convention on the Rights of the Child has vested the practice of state administration in the field of care for minor children to municipalities with extended powers, where the protection of the rights and legitimate interests of minor children is safeguarded by state authorities of social and legal protection of children (ASLPC hereinafter). These authorities are incorporated to the extent laid down by the Act on Social and Legal Protection of Children (Act No 359/1999 Coll., as amended). The position and roles of ASLPC and their competence and jurisdiction are also regulated by the same act. The position of workers of these authorities and its legal embodiment is equally important. Regarding professionality, there are high demands on these workers. In the Czech Republic, significant changes in legislature have been made over the past three years. These amendments have led to the strengthening of the rights of minor children and to the establishing of new tools for their protection. In connection with the adoption of new substantive regulation of family law, which is now exhaustively dealt with by the Act No 89/2012 Coll., the Civil Code, new procedural rules have been established regarding protection of rights of minor children. Such procedural legislation includes (apart from the long-existent Act No. 99/1963, the Code of Civil Procedure) the Act No 292/2013 Coll., on Special Civil Proceedings. The decision-making regarding minor children has been vested mainly by the state into the competence of courts. The courts appoint the locally relevant ASLPC as a guardian who then represents the interests of minor children. The purpose, interwoven with and derived from the first one, was to explore the opinions of selected social workers of ASLPC and of district court judges regarding the defined problems occurring during the work of ASLPCs and courts while protecting the interests of minor children. These particularly include: the use of the tool of precautionary measure; problems of different territorial jurisdiction of courts and ASLPCs; processing of complaints regarding bias in various phases of the proceedings; professional training of workers of ASLPC It is evident from the proposals of both judges and ASLPC workers that it is necessary to unify territorial jurisdiction. The courts are suggesting the priority criterion of the address where the child mainly resides. ASLPC workers suggest the official permanent residence as the prime criterion. Bias causes problems in all phases of proceedings. It is obvious that courts take differing approaches towards the solution of this problem (some courts solve the problem of bias complaints filed by the parties while other courts do not) and for ASLPC workers it is difficult to assess how to act when such complaint is raised against them. The training of ASLPC workers - workers are obliged to educate themselves and their employer is obliged to finance such training. Not all ASLPCs are able to provide training in the required extent - due to financial reasons (the average costs of education of one employee pose from 9,169 to 13,400 CZK annually and they cover approximately 6 days of training). The heavy work-load caused by insufficient numbers of ASLPC employees prevents them from completing such compulsory training. As part of the examination of the "participation of a collision guardian in court proceedings" it has been found out that irregular participation of the worker in the proceedings (absence from participation in appeals proceedings); incomplete reports (directed to courts) from surveys in families. Based on comprehensive examination of the problems of territorial jurisdiction, it was recommended that requests are independently recorded and financial compensation is provided for ASLPCs who are requested to represent minors in front of courts, to draft proposals for precautionary measures.