船舶建造合同损害赔偿法律制度

在过去的几个月里,经济低迷,世界贸易增长放缓,很大程度上是由正在持续的金融危机导致的.各种造船订单正受到被取消或延期的威胁.因此,从英国法律的角度去理解适用于船舶建造合同的损害赔偿法律制度变得重要.如果造船厂以及船舶买家要违反船舶建造合同,则他们需要评估其相应的合法权利和义务.     

CUSTODY DISPUTES INVOLVING ALLEGATIONS OF DOMESTIC VIOLENCE: TOWARD A DIFFERENTIATED APPROACH TO PARENTING PLANS

Premised on the understanding that domestic violence is a broad concept that encompasses a wide range of behaviors from isolated events to a pattern of emotional, physical, and sexual abuse that controls the victim, this article addresses the need for a differentiated approach to developing parenting plans after separation when domestic violence is alleged. A method of assessing risk by screening for the potency, pattern, and primary perpetrator of the violence is proposed as a foundation for generating hypotheses about the type of and potential for future violence as well as parental functioning. This kind of differential screening for risk in cases where domestic violence is alleged provides preliminary guidance in identifying parenting arrangements that are appropriate for the specific child and family and, if confirmed by a more in‐depth assessment, may be the basis for a long‐term plan. A series of parenting plans are proposed, with criteria and guidelines for usage depending upon this differential screening, ranging from highly restricted access arrangements (no contact with perpetrators of family violence and supervised access or monitored exchange) to relatively unrestricted ones (parallel parenting) and even co‐parenting. Implications for practice are considered within the context of available resources.     

Property Rights and Game-Theory Implications of Satellite Communications: The Bilateral Case of Greece and Russia

In this paper we examine the actual legal situation concerning the attribution of geostatic positions and frequencies and the problems of frequency interference by other satellites due to not fully clear property rights. We analyze the property rights setting governing satellite communications and review the implications of the Coase theorem of these rules through a game theoretical approach between two players: Russia and Greece (Hellasat commercial communication attempt). The basic finding, in accordance with the theorem's prediction under non-zero and possibly high transaction costs, is that the end result may be sub-optimal due to the inappropriate present specification of property rights, leading either to non-use of scarce resources, or to total over-investment.     

Drifting towards convergence? Motivation and performance management in state and private companies in the provision of telecom services in Ghana

The concept of expectancy on which many of the theories of workplace incentive programmes are based, claims that when employees are given a particular level of motivation, it will result in some level of performance. The general perception in Ghana is that public sector employees do not perform as efficiently as private sector workers because they lack incentives to do so. However, few studies have compared the incentive structures of the two sectors. Using empirical evidence from four telecom companies in Ghana, this article shows that the gaps between ‘state’ and ‘private’ have narrowed. Also, while incentive structures such as salary, fringe benefits and job (in)security are converging, critical performance management processes like employees' participation in decision‐making, performance appraisal, monitoring and credibility of sanctions are drifting apart. This article concludes that differences in performance between state and private companies may be explained by performance management processes and not incentive structures. It cautions that improved salaries and other office perquisites may not by themselves achieve organisational performance. Rather, incentives should be embedded in a broader approach through effective performance management processes. The information in the article is relevant to the ‘borderline’ part of the public sector under a deregulated environment. Copyright © 2007 John Wiley & Sons, Ltd.