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Chapter 1 covers the raising of consciousness and conscience and the interplay of authenticity and estrangement through a reading of Hannah Arendt, whose work we have found a profound inspiration throughout the book, notably her re-imagining of the ancient Greek city state of Athens and the polis as its political forum. The polis is an idealized space in whose relational confines an organized condition of authenticity can appear. It is a space to which those responsible for the administrative defence of the city, the strategoi, belong, but over which they have no authority. Separated from the household (oikos, the root term for economics), the polis is not primarily concerned with necessity, a condition Arendt calls labour, preoccupied with activity aimed at sustaining the metabolic persistence of life. Nor is it primarily a matter of work, of making and fabricating functional, symbolic and institutional things that last, such as temples, or laws, and that in return let the makers and fabricators ‘live on’ in reflection of the things they have produced. Drawing from the structure of the polis, we argue in this chapter for the intimacy between strategy and authenticity
We briefly mentioned in Chapter 2 that the main source of contractual obligations under Qatari contract law arises from: (i) the contract itself; (ii) the intention of the parties at the time of forming the contract; and lastly; (iii) the relevant laws regulating contractual affairs. Here, we need to highlight the fact that obligations in general under the civil law are comprised of three tiers: (i) civil obligations; (ii) natural obligations; and (iii) moral duties. Understanding these is vital to one’s appreciation of contractual performance. Civil obligations include statutory and contractual undertakings, such as the sale of goods and services. Civil obligations also include civil-wrongdoings, which are governed by the law of delict under the CC. Civil-wrongdoings are concerned with personal injury, negligence, defamation, mental distress, etc. All civil obligations are enforceable.
We study the effect of credit default swaps (CDSs) on the bond market. Using a comprehensive sample of U.S. corporate bonds, we document that the presence of CDSs significantly increases bond liquidity and reduces yield spreads for investment grade bonds. We show that CDSs influence the bond market by lowering the impact of fire sales of institutional bondholders and facilitating inventory management for bond dealers who absorb fire sale shocks. However, the liquidity provision role of CDSs gets weakened after the CDS Big Bang in 2009, potentially because of the requirement of large upfront payments.
This chapter deals with a single, yet complex and over-arching topic, namely termination of the life of a contract. When a contract is terminated it no longer demands obligations from the parties, although the parties may be liable for damages or restitution. As will be shown, the CC distinguishes between two types of termination: termination proper and rescission. Given that termination produces significant consequences for the parties, the CC sets out general and subject-specific rules. General rules include those on forcemajeure, impossibility of fulfilment, discharge, set-off, novation and the effects of the death of one of the parties to a contract (among others). Subject-specific rules concern the likelihood of termination in respect of particular contracts, such as leases, deposits, employment and others. The chapter goes on to show that, exceptionally, termination or rescission is automatic, while in the majority of cases one of the parties, typically the debtor, must apply to the courts for termination or rescission.
In chapter 8 we discussed the defects of consent, whereas here we shall dive deeper into the effects of defects in general. Before doing so, we need to lay the foundations by which to evaluate the legal impact of each defect on civil and commercial contracts. It will be recalled that under the civil law tradition, contracts are predicated on three general pillars, namely: (i) consent, consisting of offer, acceptance and intention to be legally bound; (ii) subject-matter; and (iii) cause. In addition there might, but not necessarily, exist two further requirements (special pillars), namely: (iv) form and (v) delivery.
This chapter deals with the formation of contracts under the civil code and shows that the process is effectively the same as in Western legal systems, requiring an offer and a corresponding acceptance, as well as common intention among the parties.
Chapter 3 plays out a philosophical engagement with organization and technology following Martin Heidegger’s well-known association of industrialization with technological enframing in which the question of self-knowing had been thoroughly and perhaps irredeemably concealed. Were it possible to ask such a question, then Heidegger identifies an essential un-at-homeness to the being (Dasein) able to question its condition of being, its ‘thereness’, thereby setting in play an uncanny condition of being able, in principle (qua being human), to dis-conceal one’s essence, and yet continually falling short of ever doing so. It is this uneasy revealing that sets the scene for our investigation of the self in its environment. It is because of his essentialized association of technology, industrialization and the concealing of being that Heidegger equates the possibility of its being unconcealed with a political movement that pushes back at the global order, and restores a more archaic, human-centred version. The profound and horrific irony being that it was in totalitarian national socialism that he found such a movement, an enduring affiliation that has been unmoored in detail in his Black Notebooks.
In the previous chapter, we examined the notion of capacity and legal personality under the Qatari civil and commercial law. In general, article 108 CC conflates capacity and consent by stating that consent (to contract) is only valid in respect of entities that possess capacity under the law. Overall, the law distinguishes between persons with full legal capacity and those with partial or no legal capacity. Persons with limited capacity may contract through a guardian and in limited circumstances not involving a significant financial commitment they are free to contract without guardianship. Entities with full capacity may freely contract in their person.
This Element synthesizes the current state of research on organizational social networks from its early foundations to contemporary debates. It highlights the characteristics that make the social network perspective distinctive in the organizational research landscape, including its emphasis on structure and outcomes. It covers the main theoretical developments and summarizes the research design questions that organizational researchers face when collecting and analyzing network data. Then, it discusses current debates ranging from agency and structure to network volatility and personality. Finally, the Element envisages future research directions on the role of brokerage for individuals and communities, network cognition, and the importance of past ties. Overall, the Element provides an innovative angle for understanding organizational social networks, engaging in empirical network research, and nurturing further theoretical development on the role of social interactions and connectedness in modern organizations.
We find that male participants in Harvard Business School’s New Venture Competition who were randomly exposed to more venture capital (VC) investors on their panel were substantially more likely to start a VC-backed startup post-graduation, indicating that access to investors impacts fundraising independent of the quality of ideas. However, female participants experience no benefit from exposure to male or female venture capitalists (VCs), which appears related to a reduced propensity to reach out to VCs to whom they were exposed. Our results therefore also demonstrate gender-based differences in the degree to which increased exposure to investors can address networking frictions in venture capital.
The bulk of Management and Organization Studies deals with time as organization. Time is performed, organized, enacted, and as such is a locus of power. In this edited book, we stress the importance of organization as time. Time is an organizing force. The happening and becoming of collective activity, its technologies, its images, keep empowering, dominating or (more rarely) emancipating the fragile and ephemeral subjectivities of our world. The turn to digitality in all aspects of contemporary life has made the organizing power of time more pervasive than ever. How to describe organization as time? How to explore the relationship between becoming, duration, images, events, non-events or historicity and their relationships with power and emancipation? These are the rich and varied challenges seized by this book by a team of leading scholars interested in time and temporality in the context of management and organization.
Greater labor migration can establish more channels for information flows, directly contributing to faster economic growth and improved innovation and work. It can also expand international remittances, which can be invested by recipient households in home countries in education, entrepreneurship, and improved and sustainable agricultural technologies. At the same time, however, increased emigration of medical professionals and technical workers from poor countries can reduce quality of local services, innovation, health status, and productivity. This analysis attempts to quantify the economic benefits and costs of permitting an immediate 10% increase in the bilateral migration of skilled workers (physicians, engineers or science, engineering, technology, and mathematics workers, and other persons with advanced educations) among the nations of the African Continental Free Trade Area and, more broadly, among 25 global regions. Economic benefits include higher migrant incomes abroad, welfare gains in destination countries associated with higher economic efficiency, spillover productivity gains, and an improved ability of the younger and more skilled working force to support the needs of the wider population, resulting in higher national production. Benefits in source countries include productivity enhancements from two sources: (a) greater access to knowledge associated with more bilateral trade and investment and (b) the ability of local households to invest remittances in productivity-enhancing activities. Welfare losses in source nations include static efficiency reductions and a worsened demographic support capability. In Africa, the benefit-cost ratios range from 3.7 to 6.9; in the global analysis, 17 to 38.
In February 2020, following a decade-long struggle for justice, a determined group of displaced Cambodian farmers and two advocacy organizations (Inclusive Development International and Equitable Cambodia) reached a landmark agreement with the Australia New Zealand Banking Group (ANZ) to provide a financial pay-out to the farmers for their suffering. The agreement set an important human rights precedent for the global banking industry. It was the first time known that a commercial bank made a financial contribution to remediate harms caused by one of its corporate customers, after acknowledging that its human rights due diligence had been inadequate.1 The case was also a rare example of a community receiving financial compensation through the Organization for Economic Cooperation and Development (OECD)’s voluntary system of corporate accountability (the OECD’s National Contact Points or NCPs). While the final outcome was positive, its singularity and the immense effort, tenacity and resources required in obtaining it, demonstrate both what is wrong with this corporate accountability system and what reforms are needed to reach its potential to advance greater business respect for human rights.