Overcoming Contractual Incompleteness: The Role of Guiding Principles

2019 ◽  
Author(s):  
David Frydlinger ◽  
Oliver Hart
2021 ◽  
pp. 1-14
Author(s):  
Andreas RASCHE ◽  
Sandra WADDOCK

Abstract This article presents a review of the literature on the United Nations Guiding Principles (UNGPs) for the purpose of situating the UNGPs in the voluntary corporate social responsibility (CSR) infrastructure. We identify four key themes that underlie the debate: (1) a critical assessment of the UNGPs, (2) their application to different sectors, (3) a discussion of how to embed key aspects of the UNGPs into national and regional contexts, and (4) reflections on the role of due diligence. We discuss these themes and outline some practical and theoretical take-away messages. Our review highlights some similarities and differences to the discussion of voluntary initiatives in the field of CSR, especially the UN Global Compact. Our discussion helps to understand how the UNGPs are situated in the voluntary institutional infrastructure for CSR. Finally, we show how the theoretical and practical discourse on the UNGPs can be further advanced.


2001 ◽  
Vol 10 (2) ◽  
pp. 115-123 ◽  
Author(s):  
Fred Brigham

Graphical symbols are widely used on consumer and professional products. This paper discusses some of the practical issues involved in the design and application of graphical symbols, taking into account activities in the field of international standardisation and industrial practice. Special emphasis is given to the importance of understanding the role of graphical symbols in the communication process. The need to view the comprehension of graphical symbols as a usability issue is also stressed. Any meaningful statement about the comprehensibility of a graphical symbol must take users, tasks and context of use into account. The paper concludes with summary of guiding principles for designers based on the issues discussed.


2020 ◽  
Vol 2 (1-2) ◽  
pp. 181-191 ◽  
Author(s):  
Giancarlo Guizzardi

According to the FAIR guiding principles, one of the central attributes for maximizing the added value of information artifacts is interoperability. In this paper, I discuss the importance, and propose a characterization of the notion of Semantic Interoperability. Moreover, I show that a direct consequence of this view is that Semantic Interoperability cannot be achieved without the support of, on one hand, (i) ontologies, as meaning contracts capturing the conceptualizations represented in information artifacts and, on the other hand, of (ii) Ontology, as a discipline proposing formal meth- ods and theories for clarifying these conceptualizations and articulating their representations. In particular, I discuss the fundamental role of formal ontological theories (in the latter sense) to properly ground the construction of representation languages, as well as methodological and computational tools for supporting the engineering of ontologies (in the former sense) in the context of FAIR.


2007 ◽  
pp. 149-160
Author(s):  
Andrzej Staruszkiewicz

The subject of considerations in this work are Einstein's and Dirac's views on theoretical physics. Using as an example the Euclidean geometry and its epistemological status through the ages, the author outlines the basic philosophy of the modern theoretical physics, emphasising in particular the prominent role of ideas of simplicity and beauty as the guiding principles of research in theoretical physics.


2019 ◽  
Vol 8 (6) ◽  
Author(s):  
Adel I. Abdullin ◽  
Alexey A. Sinyavskiy

"Guiding Principles on Business and Human Rights” are the first universally recognized global international standard in the field of human rights and business. In accordance with them, transnational corporations and other enterprises are obliged to comply with the national laws of states and respect internationally recognized human rights while carrying out their business activities. On 16 June 2011, the Human Rights Council unanimously endorsed the Guidelines in its resolution 17/4, “Human Rights and Transnational Corporations and Other Enterprises,” setting a universal standard for protecting human rights from the adverse effects of transnational corporations and other enterprises. However, in accordance with the doctrine of international law, corporations do not have an international legal personality and their obligations to respect human rights are only voluntary in nature, and therefore, the main obligation to ensure the protection of human rights lies with states. One of the ways to implement international standards in the field of business and human rights in practice is the development by States of National Action Plans. This paper is devoted, firstly, to a summary of the main ideas of the “Guiding Principles on Business and Human Rights” as an international legal standard in the field of human rights. Secondly, to consider the role of National Action Plans in the implementation of the Guidelines in EU countries. Thirdly, a review of existing practices for the implementation of these principles by EU states using National Action Plans


2020 ◽  
Author(s):  
Joshua T. Vogelstein

The role of statisticians in society is to provide tools, techniques, and guidance with regards to how much to trust data. This role is increasingly more important with more data and more misinformation than ever before. The American Statistical Association recently released a statement on p-values, which was subsequently followed-up with a special issue of The American Statistician that included 43 perspective pieces and a summarizing editorial which provided four guiding principles. We evaluate the claims using these four principles and find that, to a large degree, the authors failed to adhere to them. In this age of distrust, statisticians have an opportunity to be role models of trustworthiness, and responsibility to take it.


2017 ◽  
Vol 1 (9) ◽  
pp. 5
Author(s):  
Liene Amantova-Salmane

Science is essential to meet objectives and tasks for ethical sustainable development, as it lays the basics of new methods and technologies to identify global challenges for the future. Science can also significantly contribute to the ethics of sustainable development. It requires a wide-ranging understanding of science as such. Scientific cooperation should be encouraged in order to provide the ethics of sustainability. The aim of research is to give guiding principles of science for the ethics of sustainable development the ethics of sustainable development. The tasks of the research are to describe the ethical context of sustainability and to mark the role of science in the ethics of sustainable development. The methods of research are monographic, quantitative, deductive and inductive. The key result is: drowned up science role for sustainable ethical development. Science is a crucial tool for the ethics of sustainable development, it is even more reasonable to allocate the mission of science education and provide people with tools which allow them to maintain a critical spirit related to scientific advances.


2014 ◽  
Vol 7 (1) ◽  
pp. 149-162
Author(s):  
Solveiga Palevičienė

Abstract The aim of this article is to identify the main principles governing the interpretation of domestic law clauses that grant jurisdiction to ICSID arbitration and to analyse the meaning of such provisions in the context of the SPP v. Egypt case as the first case on the issue. The article first examines the peculiarities of consent to ICSID jurisdiction by way of national legislation. In the first part the analysis of the practice of arbitral tribunals in which a claim was introduced on the basis of consent to arbitration in domestic law shows that specific language of national legislation on consent to arbitration varies considerably. Therefore, since consent is the “cornerstone” of the Centre’s jurisdiction, arbitral tribunals recognize that not all references to ICSID arbitration in national legislation amount to consent. They approach the task of ascertaining the existence of such consent with great care. In the second part, the article focuses on the SPP v. Egypt case on the issue and analyses challenges that the tribunal met in interpreting relevant national clauses and establishing the consent to arbitration. Finally, this article discusses the legacy of interpretation standard of SPP v. Egypt case in context of the dissenting opinion and further case law. It is argued that the rules of interpretation of domestic law clauses that grant jurisdiction to ICSID arbitration are conditioned by the sui generis nature of consent to arbitration as unilateral declarations capable of giving rise to international legal obligations. Therefore, for the purpose of establishing whether there is consent to arbitration provided in national legislation, international tribunals reasonably take a balanced approach and use the methodological mix of rules of interpretation involving various sources: the VCLT, customary law principles governing unilateral declarations and domestic legislation. Additionally, this article provides suggestions on the possible role of the Guiding Principles applicable to unilateral declarations of states capable of creating legal obligations (Guiding principles) in interpreting domestic provisions containing an offer to arbitrate before ICSID.


Author(s):  
Susan Cleyle ◽  
Suzanne Van den Hoogen

Expectations weigh heavily on the shoulders of Canadian library associations. Association members and library workers increasingly demand that library associations assume the role of professional development provider, policy developer, advocate and lobbyist. As a result, associations must evaluate the landscape in which they are operating, and be prepared to align their mission, vision and values to ensure they are meeting the expectations of their respective library sectors and communities.  This paper introduces five articles written by leaders in Canadian library associations that recently undertook a significant shift in their structure, focus and direction following a period of evaluation and reflection.  Three guiding principles emerge from these articles: listen to your community, do not go it alone, and any shift, big or small, takes time.


Author(s):  
J. Andrew Drake ◽  
Mark L. Hereth ◽  
Daniel B. Martin ◽  
Terry D. Boss ◽  
Jeryl Mohn

At the end of 2010, recognizing that the baseline period for the integrity management of high consequence areas (HCAs) along natural gas transmission pipelines in the United States was nearly complete, INGAA members decided to reflect on the accomplishments of the first eight years and define where the overall integrity of systems could be improved. High profile incidents such as the one on the PG&E system in California heightened the need for such an analysis. There was a conscious decision to define a future path as the industry had done on many other occasions, and not simply wait for legislation and regulation. A Board level task force was formed to provide guidance and oversight and a technical steering team was constituted under the direction of Andy Drake of Spectra Energy. The technical steering team met for two months and defined a set of guiding principles and nine initiatives and assembled working groups to address each area. This paper will report at a high level on the completion of work and the integration of efforts. The first initiative is directed at improving the transparency by periodically and formally sharing measures of performance, and actively promoting the guidance developed by the Pipelines and Informed Planning Alliance (PIPA). A second initiative is directed at defining a path to extend integrity management principles beyond HCAs. A third initiative has been undertaken to examine how we can improve the tools applied in managing threats to integrity and analysis of data derived from the tools to address uncertainty. The PG&E incident showed us the need to define a process for evaluating records for pre-regulation pipe and managing pre-regulation pipe. While the role of hydrostatic testing is clear, the investment that has been made in making systems piggable has created the opportunity for a fourth initiative to define requirements for historical records and how in-line inspection can play a role in managing pre-regulation pipe. The focus of improving tools and evaluation techniques surfaced a need to intensify our efforts in research, development and commercialization. A fifth initiative has been undertaken to develop a road map for research, development and commercialization. In developing the guiding principles we studied other industries that have worked to define ways of improving safety performance, especially those where the cost of failure is unacceptable in the public eye. These included commercial aviation, medical, chemical and petroleum refining and nuclear. It has become clear that a focus on safety culture and ultimately application of a management system is a means of improving safety performance, and a sixth initiative has been undertaken to address the role of safety culture and more broadly management systems. A seventh initiative has been undertaken to examine ways to improve emergency response effectiveness including the use of automated valves, integrated mitigation plans and enhanced public awareness. There were a series of projects undertaken in 2009 and 2010 as an eighth initiative conducted under the auspices of the INGAA Foundation directed at improving material procurement and construction. Recognizing challenges in storage field operations and the criticality of storage in maintaining gas supply, a ninth initiative has been undertaken to clarify regulatory oversight of storage facilities.


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