1,721,260 research outputs found
Interpretation of GAFTA 78, clauses 11.3 and 17 – arbitration: Public Company Rise v Nibulon SA [2015] EWHC 684 (Comm)
No full textInterpretation of GAFTA 78, clauses 11.3 and 17 – arbitrationPublic Company Rise: background The dispute between the sellers (claimants) and the buyers (defendants) arose out of three contracts for the sale of 158,000 mt in total of Ukrainian feed corn. The contracts incorporated Incoterms 2000. The sellers were to obtain export licences and each contract incorporated the provision of GAFTA 78
On exclusivity: English jurisdiction clause in bill of lading - Compania Sud Americana de Vapores SA v Hin-Pro International Logistics Ltd [2015] EWCA Civ 401
No full textExclusive English jurisdiction clause – Anti-suit injunctions – Contemp
Patronage, Performance, and Reputation in the Eighteenth-Century Church
Full text linkThe perceived success of the revisionist programme in dissipating the ‘longest shadow in modern historiography’ calls into question the ongoing relevance of ‘optimistic’ versus ‘pessimistic’ interpretations of the Church of England in the long eighteenth century. And yet, the case of Lancelot Blackburne, Archbishop of York (1724-1743), has not benefitted from the ‘revisionist turn’ and represents an unparalleled problem in accounts of the Georgian episcopate. Whilst Benjamin Hoadly has been the most maligned bishop of the period for his theology, Blackburne is the most derided for his personal imperfections and supposed negligence of his episcopal duties. These references are often pernicious and euphemistic, manifesting in several quasi-apocryphal tales. The most regularly occurring being accounts of Blackburne’s lasciviousness, speculation over the paternity of his chaplain Thomas Hayter, and the Archbishop’s association with piracy. As long as these bastions of resistance to revisionism remain, negative assumptions will linger on in contemporary studies of the Church, regardless of whether they are reframed by current trends. As such, this thesis utilises under-explored archival sources to reorient Blackburne’s case to its historical context. This is achieved through an exploration of the inter-connected themes of patronage, performance, and reputation. First, this thesis delineates Blackburne’s distribution of episcopal patronage across the various administrative strata of his diocese, exploring how these appointments contributed to the task of ‘turning’ the diocese toward the Whig ministry. It also investigates the reciprocal obligations of the patronage bargain, elucidating the correlation between spiritual services and temporal rewards. Second, this thesis challenges the claims of neglect that underpin pessimistic accounts of Blackburne’s archiepiscopacy, positing that supposed marks of poor performance are mis-reading of the Archbishop’s changing approach to diocesan management occasioned by his declining health. Finally, this thesis investigates under-analysed afterlives of patronage relationships, and the long shadow cast by a patron over their clients’ subsequent careers. Finally, Blackburne’s status as a mythologised patron is considered, exploring the intertwining of contemporary, politically-motivated scandal and the mythologisation of an historical figure
Private enforcement of Art 101 and 102 of the Treaty on the Functioning of the European Union
No full textTraditionally, the enforcement of competition rules in Europe has been predominantly via public enforcement. Following the European Court of Justice’s ruling in 2001 in which was established the right for compensation of harms suffered by any victim of antitrust infringements, the European Commission has made proposals to create a private antitrust enforcement regime. While compensation of victims is the first and foremost guiding principle, the regime thus created, should, according to the Commission, also deliver overall better compliance with competition rules whilst creating and sustaining a competitive European economy.In designing the system the Commission contends that it should not be grounded on similar features to that of the United States private enforcement mechanism as it has resulted in abuses of the system by private parties for private interests. A deconstructive reading of the Commission proposals, however, reveals that the envisaged regime contains more characteristics of the United States system than is explicitly presented. Furthermore, a direct comparison of common prohibitions in both systems exposes a significant lack of safeguards against misuse of the rules by private parties in the European system. This thesis also compares the envisaged European regime with the Canadian public enforcement regime. Despite the restricted cause of action accorded to private parties, the Canadian system is not immune from exploitation of the rules by private parties for self-interest. These findings call into question whether the proposed system will deliver the stated aims.This thesis concludes that considering the costs of private enforcement, European competition law should be solely the competence of public officials. It is argued that although not formally recognised either in the literature nor in the case law of the EU courts, the Commission is already legally empowered to award compensation to victims of antitrust violations. This thesis presents suggestions for an enhancement of the current public enforcement framework
Going Beyond Counting First Authors in Author Co-citation Analysis
Full text linkThe present study examines one of the fundamental aspects of author co-citation analysis (ACA) - the way co-citation
counts are defined. Co-citation counting provides the data on which all subsequent statistical analyses and mappings
are based, and we compare ACA results based on two different types of co-citation counting - the traditional type that
only counts the first one among a cited work's authors on the one hand and a non-traditional type that takes into
account the first 5 authors of a cited work on the other hand. Results indicate that the picture produced through this non-traditional author co-citation counting contains more coherent author groups and is therefore considerably clearer. However, this picture represents fewer specialties in the research field being studied than that produced through the traditional first-author co-citation counting when the same number of top-ranked authors is selected and analyzed. Reasons for these effects are discussed
Variations on the Author
Full text link“Variations on the Author” discusses two of Eduardo Coutinho’s recent films (Um Dia na Vida, from 2010, and Últimas Conversas, posthumously released in 2015) and their contribution to the general question of documentary authorship. The director’s filmography is characterized by a consistent yet self-effacing form of authorial self-inscription: Coutinho often features as an interviewer that rather than express opinions propels discourses; an interviewer that is good at listening. This mode of self-inscription characterizes him as an author who is not expressive but who is nonetheless markedly present on the screen. In Um Dia na Vida, however, Coutinho is completely absent form the image, while Últimas Conversas, on the contrary, includes a confessional prologue that moves the director from the margins to the center of his films. This article examines the ways in which these works stand out in the filmography of a director who offers new insights into the notion of cinematic authorship
Appropriate Similarity Measures for Author Cocitation Analysis
Full text linkWe provide a number of new insights into the methodological discussion about author cocitation analysis. We first argue that the use of the Pearson correlation for measuring the similarity between authors’ cocitation profiles is not very satisfactory. We then discuss what kind of similarity measures may be used as an alternative to the Pearson correlation. We consider three similarity measures in particular. One is the well-known cosine. The other two similarity measures have not been used before in the bibliometric literature. Finally, we show by means of an example that our findings have a high practical relevance.information science;Pearson correlation;cosine;similarity measure;author cocitation analysis
Dispelling the Myths Behind First-author Citation Counts
Full text linkWe conducted a full-scale evaluative citation analysis study of scholars in the XML research field to explore just how different from each other author rankings resulting from different citation counting methods actually are, and to demonstrate the capability of emerging data and tools on the Web in supporting more realistic citation counting methods. Our results contest some common arguments for the continued
use of first-author citation counts in the evaluation of scholars, such as high correlations between author rankings by first-author citation counts and other citation
counting methods, and high costs of using more realistic citation counting methods that are not well-supported by the ISI databases. It is argued that increasingly available digital full text research papers make it possible for citation analysis studies to go beyond what the ISI databases have directly supported and to employ more
sophisticated methods
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