Use of trusts by Eastern European clients: practical issues

In order to get a more sophisticated understanding of the useof trusts by the clients from Eastern Europe (primarily fromRussia), it is worthwhile describing the procedure for settingup a trust with a typical representative of the ‘new wave’Eastern European business; painting a collective portrait ofRussian businessmen in 2007, and identifying the most commontypes, their specific features and the possible difficultiesof working with this sort of client. This modest unsystematicreview will help trust professionals to break through a cultureshock produced by the contact with a recent extraterrestrial,and now a demanding client. This article provides an insightinto most frequent queries and examines psychological aspectsof behavior, business practice and, if possible, to dispersestereotypes.     

Forced to make mistakes: Reasons for complaining about Bebchuk's scheme and other market-oriented insolvency procedures

Bebchuk's proposal for bankruptcy reform is analysed, in particular his claim that using options is fair and prevents justified complains. However, the proposal has a systematic bias against junior creditors and former shareholders because they have to pay for unavoidable mistakes in estimating the company's value, may lack the financial resources to exercise their options and lose by a day of reckoning. A market solution will be specified that is simpler and at least as fair as Bebchuk's scheme according to his own standards. However, a complete solution to these problems may have to be a non-market one. JEL Classification G33 · K39 · K22     

Die Bewirtschaftung der genetischen Ressourcen des Tiefseebodens – Ein neues Seerechtsproblem?

Die genetischen Ressourcen des küstenfernen Tiefseebodens rücken angesichts ihrer besonderen biochemischen Eigenschaften zunehmend in den Vordergrund des wirtschaftlichen und wissenschaftlichen Interesses. Vorliegender Beitrag befasst sich mit der Frage, inwiefern eine nachhaltige Bewirtschaftung dieser Ressourcen vom geltenden See- und Umweltv?lkerrecht erfasst wird. Er legt den Schwerpunkt auf die Durchsetzung der einschl?gigen Hohe See-Bestimmungen und erteilt rechtspolitischen Forderungen nach einer Ausdehnung des Meeresbodenregimes eine Absage.     

Is Judicial Review Democratic? A Comment on Harel

Law and Philosophy -     

Ethics, values and behaviours: comparison of three case studies examining the paucity of leadership in government

Three societies with similar initiatives for public service re-configuration and reform – the UK, Canada and Australia – are examined to highlight the many-faceted issues of public service ethics and the different approaches these governments have taken to re-building public trust and enhancing public service ethics in times of rapid change. These efforts for re-building an ethical public service are scrutinized according to four criteria for effectively leading change. Changes of public service values are also analysed as well as their implications for public servants.
Effectively, applied leadership is identified as the pillar of ethical practice – emphasizing the need for quality leadership development through on-the-job experience. Although legislation and codification are seen as necessary for building an ethical infrastructure that can help employees out of encountered dilemmas, the way forward is seen as nurturing an environment of trust and vigilance in which ethics are promoted through exemplary behaviour of leaders and employees alike.     

Introduction: Governing Regulatory Interaction: the Normative Question

Abstract:  The demise of the Keynesian National Welfare State and its transformation into a more competitive and interactive unit of governance has given rise to an increased interest in the processes that are shaping the legal framework for markets. For several decades, one force has been taken to be tantamount to the law of nature governing the interaction between jurisdictions, namely, the force of regulatory competition. However, this model is open to severe criticism of its emphasis on efficiency. First, elected decision-makers may not be interested in efficiency gains regardless of where the resulting distributive consequences may fall. Second, we suggest the theory of regulatory competition has a federalist bias that potentially blinds it to institutional alternatives. The model also rests on unexamined normative premises. Research has shown that competition is only one mode of regulatory behaviour. Cooperation and information flows play important roles in shaping regulatory activity as well. We contend that a more satisfactory model of regulatory interaction needs to take into account a variety of agents, standards, and systems. In devising such an alternative model, a satisfactory theory would have to understand the multiplicity of relevant agents beyond the narrow confines of the traditional nation-centred federal model. Standards guarding regulatory interaction would—not dissimilar to competition law—have to state its own limitations.     

Crossing the Great Divide – Using Multi‐method Analysis to Understand Opposition to Windfarms

This paper demonstrates the possibilities for the complementary use of regression analysis and discourse analysis to further understand issues in public administration. To do so, an empirical study of opposition to wind energy planning applications is used. The application of logistical regression to analyse the factors which may influence windfarm planning applications is discussed, factors including the attitudes of local people. Discourse analytical techniques are then used to consider how anti‐windfarm campaigners manage accusations of ‘Not In My Back Yard’ (NIMBYism). This is done partly by linking their cause with wider environmental objectives. Although discourses and logistical regression models have very different ontologies, the paper demonstrates that there is no inevitable conflict between the epistemologies used in these two different methods, despite differences in the type of data being analysed.