...The Sources of International Law Article 38 of theStatute of the International Court of Justice, considered by someas the "Bible of the Poor" of those who seek quick answers despite of the com-plexity of international relations, constitutes nevertheless a good starting point forthe understanding of the sources of international law. According to this article,international law finds its origin in the following three sources:- international conventions of general or particular nature;- international custom, as evidence of a general practice accepted as law;- the general principles of law recognized by civilized nations. The International Court of Justice in The Hague, Netherlands. Most international law experts would rush to add the "unilateral acts" to thesethree sources of law and to declare that Article 38 of the Statute has omitted tomention these unilateral acts for which the United Nations'International LawCommission (ILC)has elaboratedGuiding Principlesin 2006. Contrary to thisopinion, other international lawyers would maintain that these unilateral actsconstitute specific expressions of the will of States leading eventually to agree- 6 ments which are then governed by the rules applicable to international conven-tions.Finally, the idea of justice and equity originating in the philosophy of natural lawis not to be discarded as a source of international law, since it is the opinion oftheInternational Court of Justiceitself that whatever the legal argumentation ofthe...
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...Table of Contents I.) INTRODUCTORY PRINCIPLES 2 A.) Efficiency and Other Concepts 2 B.) Agency and Partnership Law 2 II.) INTRODUCTION TO THE CORPORATE FORM 16 A.) Formation and Structure 16 B.) Debt, Equity, and Valuation 22 III.) CONTROL OF CORPORATE DECISIONS 32 A.) The Role of the Shareholder 32 B.) Management Obligations 50 1.) Duty of Care 51 2.) Duty of Loyalty 56 3.) Duty of Fairness: Parent-Subsidiary Relationships 63 4.) Duty of Good Faith 64 5.) Management Obligations Under Federal Securities Laws 67 C.) Shareholder Litigation 76 IV.) Structural Changes 85 A.) Transactions in Control 85 B.) Mergers and Acquisitions 86 1.) Mergers 87 2.) Sale of Assets 93 3.) Asset Purchase or Tender Offer 94 C.) Public Control Contests 96 1.) The Poison Pill 100 2.) Enhanced Review When Business is Up for Sale 103 3.) Proxy Contests for Corporate Control 106 4.) Protecting the Deal: Shareholder Lockup Agreements 109 I.) INTRODUCTORY PRINCIPLES • Definitions o Corporate Law: The allocation of rights and power within a corporation; the internal body of law ▪ Addresses the creation of economic wealth through the facilitation of voluntary, ongoing collective action ▪ Flexible- expectation that market discipline will weed out what is not working ▪ Principle aim- reduce agency costs of all sorts o Securities Law: Regulates capital markets that corporations use to obtain funding ...
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...HOLLOW AVOWALS OF HUMAN RIGHTS PROTECTION – TIME FOR AN AUSTRALIAN FEDERAL BILL OF RIGHTS? JULIE CASSIDY* Unlike the constitutions of many nations, such as the United States of America and the Republic of South Africa, the constitutions of the Australian States and Territories and the Commonwealth Constitution Act 1901 (UK) contain no bill of rights. Australia is the only western democracy without a federal bill of rights. The debate regarding the need for a bill of rights necessitates an understanding of what human rights the people of Australia already enjoy. If sufficient protection can be found in existing sources, does Australia really need a federal bill of rights? Opponents of a bill of rights state that we have sufficient protection from arbitrary government intervention in our personal affairs and thus a bill of rights is unnecessary. There are a number of potential sources of human rights in Australia that might provide the suggested existing protection, including the common law, specific domestic legislation, international law and constitutional law. Each of these sources of human rights has, however, important limitations. The focus of this article is on the inadequacy of the Australian constitutions as a source of purported protection. This in turn suggests that an alternative source of rights is needed – a federal bill of rights? In the course of this analysis the author makes suggestions for reform; specifically how a federal bill of rights may address the paucity...
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...NEBOSH International General Certificate in Occupational Safety and Health Please be advised that the course material is regularly reviewed and updated on the eLearning platform. SHEilds would like to inform students downloading these printable notes and using these from which to study that we cannot ensure the accuracy subsequent to the date of printing. It is therefore important to access the eLearning environment regularly to ensure we can track your progress and to ensure you have the most up to date materials. Version 1.2c (08/02/2013) Element 1: Foundations in Health & Safety. Element 1: Foundations in Health & Safety. Overall aims: On completion of this Element, candidates will be able to: 1.1 - Outline the scope and nature of occupational health and safety. 1.2 - Explain the moral, social and economic reasons for maintaining and promoting good stan-dards of health and safety in the workplace. 1.3 - Explain the role of national governments and international bodies in formulating a framework for the regulation of health and safety. Sources of reference. Guidelines on Occupational Safety and Health Management Systems (ILO-OSH 2001) can be downloaded free from ILO web site. ILOLEX (ILO database of International Law) http://www.ilo.org/ilolex/index.htm. Occupational Health and Safety Assessment Series (OHSAS 18000): Occupational Health and Safety Management Systems (OHSAS 18001:2007 ISBN978 0 580 50802 8, OH-SAS18002:2008 ISBN: 978 0 580 61674 7. Occupational...
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...This week's graded topics relate to the following Terminal Course Objectives (TCOs): A | Given an organizational requirement to conform business practices to both the law and best ethical practices, apply appropriate ethical theories to shape a business decision. | I | Given specified circumstances of a business decision to expand to international markets, determine what international legal requirements or regulatory controls apply. | Topics for This Week's Discussion * Introduce yourself to your professor and the rest of the class. (not graded) * Thread over TCO A/I (graded) * Ethics and Patent Rights Post 9/11 (graded) * Q & A Forum for your questions and comments (not graded) | | There is a drop down arrow next to the "Select a Topic" box. Click on this arrow to select topics for discussion. | ------------------------------------------------- Top of Form Select a Topic: Bottom of Form The World Bank Situation (graded) | Class, please read Chapter 2, problem 5 from the Jennings text, p. 72. This week, we will discuss the Wolfowitz situation at the World Bank. Consider the questions at the end of the problem as you make comments in the threads this week. What are the ethics here? Was Wolfowitz trying to do the right thing? Does that make a difference ethically? Throughout the week, I will bring in further questions. Be sure to read the lecture and the international ethics article stated in your reading for the week as well. | ...
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...2014 ANNUAL REPORT AND PROXY STATEMENT Chipot le Mexican Grill, Inc. 1 401Wynkoop Street, Suite 500 en er, 0 0 arch , 01 5 DEAR FELLOW SHAREHOLDERS: When we set as our mission to change the way people think about and eat fast food, we knew it was a big and dif cult, but ery important, goal n establishing this mission for hipotle, we belie ed that we had a food culture and a people culture that would allow us to create a new fast food model, and unit economics that would enable us to do this in a way that was pro table and that would pro ide outstanding returns to our shareholders hroughout , we ha e seen increasing e idence that our ision is becoming reality idence of hipotle s continued leadership and in uence comes in many forms, from our ongoing uest to make the ery best tasting food we can made with the ery best ingredients and prepared using classical cooking techni ues to the strengthening of our people culture, strengthening of consumer trends that support our business model, our in uence on the category and our performance relati e to the industry as a whole uring the year, in our pursuit for better ingredients we ser ed more esponsibly aised® meat (from animals raised in more humane ways and without the use of antibiotics or added hormones) than any other restaurant company We continued to use dairy products made with milk from pastured dairy cattle We remain committed to our program of using local and organically grown produce whene er possible nd we continued to make...
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...economic, social and environmental performance Evolution of the main indicators 2011 Turnover (in millions of euros) Sales 2010 13,793 12,527 Results and cash flow (in millions of euros) Operating profit (EBITDA) Operating profit (EBIT) Net income Net income attributable to the parent company Cash flow 3,258 2,522 1,946 1,932 2,613 2,966 2,290 1,741 1,732 2,540 Financial and management ratios ROE ROCE 28% 37% 30% 39% Other relevant information Number of stores Net openings Number of markets with commercial presence Number of employees % men/women Overall energy consumtion (Tj) Number of suppliers Social investment (in millions of euros) 5,527 483 82 109,512 20.5/79.5% 3,381 1,398 14 5,044 437 77 100,138 19.5/80.5% 3,230 1,337 11 Highlights Sales 13,793 12,527 9,435 10,407 11,048 10,000 7,500 15,000 12,500 5,000 2,500 0 2007 2008 2009 2010 2011 Sales by geographical Rest of Europe 45% Spain 25% America Asia and the rest of the 12% world 18% Net profit 2,500 1,946 1,741 1,258 1,262 1,322 2,000 1,500 1,000 500 0 2007 2008 2009 2010 2011 Number of employees 0 20,000 40,000 60,000 80,000 100,000 120,000 2011 2010 2009 2008 2007 79,517 109,512 100,138 92,301 89,112 Inditex´s Annual Report addresses its economic, social and environmental performance for the purposes of achieving the maximum transparency in its relationship with all...
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...ISSUES FOR IIM INTERVIEW PROCESS © EssaysforIIM.com 2014-15 Issues for IIM PI Process http://www.essaysforIIM.com Contents US‐CHINA ENVIRONMENT DEAL 8 OIL PRICE 9 PAYMENT BANKS 11 SHADOW BANKING 13 NBFCs 14 NEW DEFINITION OF FDI 16 REFORMS IN POWER DISTRIBUTION 16 SECURITIES LAWS (AMENDMENT) BILL 2014 18 JUVENILE JUSTICE BILL, 2014 18 HUMAN DEVELOPMENT: INTERNATIONAL COMPARISON 19 INEQUALITY 20 SOCIO‐ECONOMIC PROFILE OF STATES AND INTER‐STATE COMPARISONS 21 ASER 2013: Main Findings 23 SKILL DEVELOPMENT 24 HOW INDIA NEEDS TO FACE CLIMATE CHANGE 24 AGENDA FOR ECONOMIC REFORMS 28 INFRASTRUCTURE 30 WHY LONG‐RUN MATTERS 30 FIVE PRONGED STRATEGY TO CONTROL INFLATION 31 URJIT PATEL COMMITTEE 32 Some Major Issues in India's Merchandise Trade Sector 32 MAKE IN INDIA OPPORTUNITY 34 Make for India or Make in India – The debate begins! 37 VULNERABILITY COMPARISON OF INDIAN ECONOMY 38 PM JAN DHAN YOJANA 39 COOPERATIVE FEDERALISM 40 ZERO DEFECT, ZERO EFFECT 41 DIGITAL INDIA 42 TWO FACTOR IDENTIFICATION ISSUE 43 MINSK AGREEMENT 44 WILFUL DEFAULT 44 © EssaysforIIM.com 2014‐15 Page 1 Issues for IIM PI Process http://www.essaysforIIM.com ‘MAKE IN INDIA’ ...
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...RETAIL FOOD GROUP is a leading Australian retail food brand manager, franchisor and wholesale coffee roaster. It designs, develops and manages franchise systems and is the intellectual property owner and manager of the following retail and coffee brands: Donut King, Michel’s Patisserie, Brumby’s Bakery, Esquires Coffee Houses, bb’s cafe, Evil Child, Roasted Addiqtion and Barista’s Choice. For the 6th consecutive year since Listing (in June 2006), Retail Food Group continued to deliver enhanced performance and record outcomes for stakeholders. NPAT and EPS 6 year cumulative annual growth rates (cagr) of 35.8% and 24.2% respectively, reinforces Retail Food Group as an enterprise with franchise systems, business model and revenue streams capable of significant growth. NPAT Core NPAT EPS (Basic) 30 30 25 25 20 20 15 15 10 DPS 10 5 0 5 FY07 FY08 FY09 FY10 FY11 ($m) Revenue 140 FY10 FY11 0 ($m) FY07 FY08 FY09 FY10 FY11 FY08 FY09 FY10 FY11 (cents) Net Operating Cashflows Adj. Revenue 120 25 80 20 60 15 40 Net Debt Reduction 30 100 (cents) 10 20 0 5 FY07 FY08 FY09 FY10 FY11 ($m) FY10 FY11 0 ($m) FY07 FY08 FY09 FY10 FY11 ($m) Outlets Network Sales 700 600 1200 500 1000 400 800 300 600 200 400 100 200 0 FY07 FY08 FY09 FY10 FY11 ($m) 0 FY07 FY08 FY09 FY10 FY11 FY10 FY11 ($m) ...
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...Hindus in South Asia and the Diaspora: A Survey of Human Rights 2011 www.HAFsite.org March 12, 2012 “All human beings are born free and equal in dignity and rights.” “One should never do that to another which one regards as injurious to one’s own self. This, in brief, is the rule of dharma. Yielding to desire and acting differently, one becomes guilty of adharma.” “Thus, trampling on every privilege and everything in us that works for privilege, let us work for that knowledge which will bring the feeling of sameness towards all mankind.” Swami Vivekananda, “The Complete works of Swam Vivekananda,” Vol 1, p. 429 Mahabharata XII: 113, 8 Universal Declaration of Human Rights, 1948, Article 1 "All men are brothers; no one is big, no one is small. All are equal." Rig Veda, 5:60:5 ...
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...AVIATION TERRORISM Thwarting High-Impact Low-Probability Attacks TERRORISME AÉRIEN Contrecarrer des attaques improbables à impacts élevés A Thesis Submitted to the Division of Graduate Studies of the Royal Military College of Canada by Jacques Duchesneau, C.M., C.Q., C.D. In Partial Fulfillment of the Requirements for the Degree of Doctor of Philosophy April 2015 ©Jacques Duchesneau © This thesis may be used within the Department of National Defence but copyright for open publication remains the property of the author. ROYAL MILITARY COLLEGE OF CANADA COLLÈGE MILITAIRE ROYAL DU CANADA DIVISION OF GRADUATE STUDIES AND RESEARCH DIVISION DES ÉTUDES SUPÉRIEURES ET DE LA RECHERCHE This is to certify that the thesis prepared by / Ceci certifie que la thèse rédigée par JACQUES DUCHESNEAU, C.M., C.Q., C.D. AVIATION TERRORISM Thwarting High-Impact Low-Probability Attacks complies with the Royal Military College of Canada regulations and that it meets the accepted standards of the Graduate School with respect to quality, and, in the case of a doctoral thesis, originality, / satisfait aux règlements du Collège militaire royal du Canada et qu'elle respecte les normes acceptées par la Faculté des études supérieures quant à la qualité et, dans le cas d'une thèse de doctorat, l'originalité, for the degree of / pour le diplôme de PHILOSOPHIÆ DOCTOR IN WAR STUDIES Signed by the final examining committee: / Signé par les membres du comité examinateur...
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...NEW YORK UNIVERSITY SCHOOL OF LAW JOURNAL OF INTERNATIONAL LAW AND POLITICS GUIDE TO FOREIGN AND INTERNATIONAL LEGAL CITATIONS FIRST EDITION ● 2006 © Copyright 2006 by New York University Contents FORWARD AND GENERAL INSTRUCTIONS................................................................................................. xiii ACKNOWLEDGEMENTS ......................................................................................................................................xv COUNTRY CITATION GUIDES ARGENTINA...............................................................................................................................................................1 I. COUNTRY PROFILE ..................................................................................................................................1 II. CITATION GUIDE.......................................................................................................................................2 1.0 CONSTITUTION...................................................................................................................................2 2.0 LEGISLATION......................................................................................................................................2 3.0 JURISPRUDENCE ................................................................................................................................3 4.0 BOOKS .....................................
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...12:06 Page 1 WOMEN, GENDER AND WORK People are not defined solely by their work, nor is it possible to ignore the effects of factors outside the workplace on a person's status at work. To seek equality at work without seeking equality in the larger society – and at home – is illusory.Thus an examination of the issues surrounding women, gender and work must be holistic. That means considering the role of productive work in life as a whole and the distribution of unpaid work as well as the myriad questions relating to employment. This important anthology brings together the thinking of leading philosophers, economists and lawyers on this complex subject. Selected recent articles from the multidisciplinary International Labour Review are assembled for the first time to illuminate questions such as how we should define equality, what equal opportunity means and what statistics tell us about differences between men and women at work, how the family confronts globalization and what is the role of law in achieving equality. There is an examination of policy – to deal with sexual harassment and wage inequality, for example, as well as part-time work, the glass ceiling, social security, and much more. A major reference on the best of current research and analysis on gender roles and work. Martha Fetherolf Loutfi has been Editor-in-Chief of the International Labour Review, a Senior Economist for the Brandt Commission and in the ILO’s Employment and Development...
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...Human Resource Management (MGT501) VU MGT - 501 T his subject/course is designed to teach the basic principles of Human Resource Management (HRM) to diverse audience/students, including those who are studying this as a supporting subject for their bachelor degree program. This course is designed to provide you the foundations of HRM whether you intend to work in HRM or not, most of these elements will affect you at some point in your career. Either you will be working with some organizations or having people working for you, in both cases you will be dealing with people. To be understandable and lively means that we need to communicate you. We start every chapter with learning objectives. The most important thing you will get out of this course are the basic skills required to succeed in today’s environment which are, you must be able to communicate, think creatively, plan effectively and deal with people. Copyright © Virtual University of Pakistan 1 Human Resource Management (MGT501) INTRODUCTION TO HRM After studying this chapter, students should be able to understand the following: Describe HRM? Explain why are we concerned about HRM? Discuss Road-map of HRM VU Lesson 1 LESSON OVERVIEW This chapter introduces the students with the basic concepts of the human resource management (HRM). During the lecture, we will be discussing the three main things, i.e. the introduction to HRM, the importance of HRM, and a brief discussion of the Resource topics...
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...Human Resource Management (MGT501) VU MGT - 501 T his subject/course is designed to teach the basic principles of Human Resource Management (HRM) to diverse audience/students, including those who are studying this as a supporting subject for their bachelor degree program. This course is designed to provide you the foundations of HRM whether you intend to work in HRM or not, most of these elements will affect you at some point in your career. Either you will be working with some organizations or having people working for you, in both cases you will be dealing with people. To be understandable and lively means that we need to communicate you. We start every chapter with learning objectives. The most important thing you will get out of this course are the basic skills required to succeed in today’s environment which are, you must be able to communicate, think creatively, plan effectively and deal with people. Copyright © Virtual University of Pakistan 1 Human Resource Management (MGT501) INTRODUCTION TO HRM After studying this chapter, students should be able to understand the following: Describe HRM? Explain why are we concerned about HRM? Discuss Road-map of HRM VU Lesson 1 LESSON OVERVIEW This chapter introduces the students with the basic concepts of the human resource management (HRM). During the lecture, we will be discussing the three main things, i.e. the introduction to HRM, the importance of HRM, and a brief discussion of the Resource topics...
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