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Dieter K. Müller

Tourism geographers usually claim that tourism matters. Besides being “one of the largest industries on earth,” it is sometimes claimed that tourism matters for many other realms of life. However, reading a number of critical accounts of the status of tourism geographies, it seems that tourism geographers have difficulties convincing fellow geographers and other scientists about the importance of tourism research. At the same time tourism geographers are influential in the wider field of tourism studies. Against this background the authorasks whether the academic community isdoing anything wrong, and what itshould do differently. It is further argued that a large part of tourism studies has never, at least not in a comprehensive manner, moved away from merely being a field of study focusing on a single industry, despite ambitions to the contrary. Hence, the tourism industry and increasingly also tourism as practice have been the focus of tourism research. This can be justified, but as scientific practice it fails to necessitate the attention of other scholars. It is further argued that tourism geographies in fact are appreciated within tourism research, since they at least attempt to see tourism as an integrated part of another development or phenomenon. Examples are the tourism–climate change nexus andthe role of tourism within regional development. However, in order to move forward and realize the full potential of tourism geographies, the author argues, it is necessary to change the object of study. Instead of researching tourism, tourism geographersshould engage in studying regional development, climate change, urban and rural change, and economic geography and at the same time highlight tourism as an integrated agent of change. This shift from treating tourism as a study object towards using tourism as a perspective on all kinds of societal development, or an infusion of tourism geographies into other fields of research, opens new alleys for tourism research and, in the author’s view, offers exciting ways of utilizing tourism geographiesknowledge on tourism and mobility for explaining geographical change.

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Jonathan Kirk, Thomas Samuels and Lee Finch

This chapter discusses the common law definition of insurance and contrasts that with the FCA’s approach to insurance under the Regulated Activities Order. It continues to consider the ways in which contracts of insurance can be mis-sold in the context of financial regulation from misleading or inappropriate communications to clients, to information and disclosure failures and the sale of unsuitable insurance. These issues are considered by reference to the ICOBS rules, common law duties and the potential fiduciary duties which may apply. Finally, specific consideration is given to complaints handling and the DISP rules including the specific rules that apply to PPI claims.

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Charles A.E. Goodhart, Anil K. Kashyap and Alexandros P. Vardoulakis

In this companion paper to Goodhart et al. (2012), we explore the interactions of various types of financial regulation. We find that regulations that control fire-sale risk are critical for delivering financial stability and improving the welfare of savers and borrowers. We describe the combinations of capital regulations, margin requirements, liquidity regulation, and dynamic provisioning that are most effective in this respect. A policy featuring margin requirements together with countercyclical capital requirements delivers equal or better outcomes for the economy than does an unregulated financial system. But it is easy to produce combinations of regulation that look sensible but, when combined, have adverse effects on the economy

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David P. Leech and John T. Scott

This paper provides preliminary estimates of the productivity impact of intelligent machine technology (IMT) and the rate of return to IMT research and development (R & D) over the next two decades. The paper adapts economists’ traditional productivity growth model to enable the use of industrial experts’ forecasts of a few key parameters of the model to form the estimates of productivity growth and rate of return. Respondents – from a sample of firms operating in IMT development and applications in the automotive, aerospace, and capital construction industries – anticipate that IMT will generate substantial productivity growth over the next two decades, and the estimated social rates of return to IMT R & D are substantial.

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Jonathan Kirk, Thomas Samuels and Lee Finch

This chapter provides an introduction to interest rate hedging product (‘IRHP’) mis-selling. Over the last few years there have been numerous high-profile cases involving alleged IRHP mis-selling which raise various complicated issues. This chapter aims to cut through the difficulty and addresses the topic in a methodical way first explaining what IRHPs are and distinguishing the different types before explaining the duties that can apply when selling IRHPs and the ways in which those duties can be breached. Particular emphasis is placed on the allegations commonly made in IRHP mis-selling claims and issues that regularly arise, including the effect and fairness of basis clauses, the scope of the duty, limitation and the need for expert evidence. Finally, the IRHP redress scheme agreed between the FCA and a number of banks is discussed.

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Marco Sassòli

IHL rules applicable to IACs and NIACs are different but increasingly similar. Chapter 8 will present the substantive protective regimes of IHL by examining the more detailed IHL of IACs, and it will also mention the extent to which those regimes also apply to NIACs. The present chapter discusses why and to what extent IHL of IACs and IHL of NIACs are different or similar as well as where the rules applicable to NIACs can be found. It also addresses some controversies specific to IHL of NIACs.

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Jonathan Wilkenfeld and Michael Brecher

This chapter begins by reviewing the well-known International Crisis Behavior definitions of international and foreign policy crises. It then reviews the four crisis phases of onset, escalation, de-escalation, and impact. A theme running through the chapter is the manner in which crises are impacted by the degree to which they are embedded in gray zone conflicts and include both state and non-state actors. The chapter concludes with recommendations on how the practice of mediation must be adapted to the conditions of contemporary international and intrastate crises. These recommendations include adapting mediation to the interplay of domestic and international conditions in the onset and escalation of interstate crises, adapting mediation practices to the multiplicity of issues that state and non-state actors bring to the negotiation table, and a call for the increased employment of domestic mediators on mediation teams.

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Mikhail Batuev and Leigh Robinson

Over the last two decades, action sports have become very popular and have joined the Olympic movement. Principles of their international governance have not been clear, though, so the purpose of this chapter is to illustrate how action sports have organisationally evolved and how the Olympic movement affected their governance. Organisational legitimacy, one of the key notions of the new institutional theory, was utilised as a theoretical framework for three case studies: snowboarding, skateboarding and sport climbing. Key informants in these action sports were interviewed, and a wide range of relevant documents, articles and online sources were studied. It emerged that cultural legitimacy in action sports often does not correspond to regulatory legitimacy within the Olympic governance frameworks. Some serious concerns were raised about the legitimisation of action sports based only on their technical characteristics and about the applicability of ‘umbrella’ governance to action sports.

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International Humanitarian Law

Rules, Controversies, and Solutions to Problems Arising in Warfare

Marco Sassòli

International humanitarian law (IHL) protects persons and property affected by armed conflicts. Focusing on the controversies that impact IHL in practice, this much-anticipated book from leading expert Marco Sassòli discusses when IHL applies, its substantive rules, how to ensure its respect and whether the traditional distinction between international and non-international armed conflicts remains relevant.
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Anastasia Telesetsky

This chapter examines five thematic connections between investment law and biodiversity. The first section of the chapter explores how law might shape future investments in emerging biodiversity reliant industries such as global biotech. The second section describes the potential investment implications of States creating protected areas as a strategy to conserve biodiversity. The third section introduces the emerging legal practice of developing access and benefit-sharing agreements as a mechanism for international and domestic investors to formally invest in communities that have been historical stewards for  biological resources. The fourth section explores private investment in biodiversity protection.    The final section offers three recommendations to provide for better biodiversity management and  more accountable international investment: (1) prioritize designating protected areas before approving investment;  (2) create institutional review mechanisms that provide for a formal review of proposed international investment proposals by environmental ministries before final approval by national investment agencies; and (3) implement investment risk assessment requirements for companies to document how their investments will be implemented to avoid undermining public interests such as biodiversity protection.