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Defeats of the fascist totalitarianism in World War II and that of the communist totalitarianism in the Cold War represent victories of the liberal democracy, personified in the United States of America as the indisputable leader of the demoliberal countries. The object of the liberal democracy is a world state, the projection of which had already been given by Kant, the unvoidableness of which was pointed out by H. Cohen, his Jewish follower, as well as by A.J. Toynbee, the English theoretician of history. The legitimacy of the world state lies in preventing wars among peoples and in replacing national policies by the universal economy. Initial steps towards the world state were made in the 20th century, first of all, thanks to the will of the United States: the League of Nations created in 1919, followed by the United Nations in 1945. It is reasonable to put a question: Is the mankind today, when the United States is the only world-wide power, close to attaining this goal, or new political confrontations are arising within it. To provide an answer, we must start from the essence of the liberal democracy: it is plutocracy. However, its realistic constitution – trinity of the financial capital, urban masses and intellectuals demagogues – cannot be found in the formal charters and human rights declarations. As a plutocracy, the United States of America has developed a characteristic "pacifistic-militant" imperialism the basic principle of which is: Jujus economic, emus region. It is important to note that the basic principle of the communist imperialism belongs here as well: Cujus regio, ejus oeconomia. Following their basic principle, the United States of America gives up the classical, annexational imperialism and strive to replace it with a form more appropriate to that principle: "control". "Control", in a particular sense, imparted to it by the plutocratic imperialism, means that a controlled state formally remains completely sovereign, but that its policy is really determined by the state having "control" over it. The most complete the "control" is when the power exerting it completely takes over the economy of the controlled state. The doctrine which translate the North American imperialism into the world of the international law is called "Monroe Doctrine". What is particular about this doctrine is that the United States demands that other countries recognize it, but retain an exclusive right to its interpretation and application; under the "Monroe Doctrine", no one except the States can derive whatever pretensions. In its original form, as that given by its creator, James Monroe, President of the Union, in 1823, it forbids European powers to intervene in the domain of the "Western Hemisphere"; in return, the United States promises not to mix into their conflicts. At that time, the "Western Hemisphere" covered the mainland of the North, Central and South Americas. The first significant correction took place during World War I, when t
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Die rechtliche Inexistenz ist keine Stufe der Rechts-bzw. der Gesetzwidrigkeit des Verwaltungsaktes. Sie ist ein faktischer Zustand von vornherein ungenügender Menge rechtlicher und verwaltungsrechtlicher Substanz, mit einer potentiel täuschender und irreführender Äusserung. Dieser Zustand hat wegen unüberbrückbaren, vorhergeh-enden, grundsätzlichen und normativen Mängel die Rechtsgeburt des Verwaltungsaktes, womit auch jeden seinen Rechtseinfluss nach aussen, verhindert
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Dans son article l'auteur a mis ? l'évidence divers positions du législateur yougoslave vis - ? - vis de l'efficacité des jugements étrangers sur le statut personnel des personnes physiques en Yougoslavie. Tout d'abord, il exposait les conditions relatives aux décisions de ce genre portent des citoyens yougoslaves prévues dans les articles 87, 88, 89, 90, 91 et 92 de la Loi sur le tranchement de conflict des lois avec les lois des autres pays dans certains rapports de 1982. Puis, il soulignait que la loi a admis un régime spécial pour les jugements trancheant certains probl?mes du statut personnel des sujets ayant la nationalité du pays du for étranger (l'art. 94 al 1 de la Loi). Enfin, quand il s'agit du m?me catégorie des décisions, mais cette fois-ci de celles relatives au statut des réssortissants étrangers qui le sont m?me pour l'état du for état du for étranger (l'art. 95 de la Loi), le régime y etabli se montre assez sév?re selon la position dominatrice de la doctrine yougoslave. L'auteur en opposait les arguments persuasifs témoignant que cette doctrine n'était pas fondée sur la Loi et, en plus, il demontra qu'elle n'est gu?re acceptable ? cause d'une sévérité exorbitante qui pourrait augmenter le risque de leur non reconnaissance en Yougoslavie aussi.
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It is just 650 years since the passing of Dushan's Code, the final act of the universal codification of the law of the medieval Serbia, which together with Matthew Blastaros' Abridged Syntagm and the so-called Justinian Code make Dushan's legislature. Dushan's legislature, first of all Dushan's Code, was investigated from the axiological standpoint, according to Plato's and Aristotle's paradigms. Such an approach has enabled reasonableness of Dushan's legislature to be established, instead of establishing historical phenomenon, what the historians do. Dushan's estate monarchy was a timocracy (timarchy), which means a form of a state which at least deviates from Plato's perfectly righteous state. Secular lords, as a military estate, together with the ruler, the supreme military commander, performed the principal function, military, in the Serbian medieval state, while the clergy performed those religious, cultural and social. It is, therefore, that those were privileged estates. According to the situational justice principle and in view of their merits in the state, the privileged estates had the right of property to the land (dominium directum) and the ruler the right of the supreme property to the land (dominium eminens), the so-called free heritage and many other privileges beyond the economic field. Dependent population, however, since its activities, although indispensable, were not directly connected with the principal, military function, had the right to use the land (dominium utile), the so-called subordinated heritage and in turn a lot of tributes and obligations. Also, existing in Dushan's legislature, and first of all in Dushan's Code, was Aristotle's general justice, understood as legitimacy, explicitly formulated at several places and particularly in Articles 171 and 172. Mostly containing provisions of the public law character, Dushan's Code feature distributive justice represented to a high degree, which is demonstrated in distributing honours and goods in proportion with merits. Also, there existed a special form of the distributive justice featured by an outstandingly social function. Namely, Dushan's Code takes care of the poor, wretched, sick and frees them from various burdens imposing obligations on the Church and courts to help them. Finally, Dushan's Code recognizes Aristotle's court and criminal justice as well, as a form of corrective or synalagmatic justice which is demonstrated in establishing the middle between the good and the evil, i.e. equivalency, done by the court. This special form of justice, however, was not consistently put into effect. As for its depth and reasonableness, Dushan's legislature, and first of all Dushan's Code, is an example of a majestic medieval law codification.
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Considered in this paper was a mediation mechanism, one of the methods for peaceful resolution of collective labour disputes in the Yugoslav law. Investigated were the contents and the purpose of the mediation procedure and the scope of its application. Organizational and functional rules on mediation in effect were critically analyzed. Considered were causes for sporadic use of mediation in the Yugoslav law and pointed out courses of further development of this procedural method, practical affirmation of which would stimulate development of labour and law relations and contribute to the establishment and stabilization of the "social peace".
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Analyzed in this paper are the law fictions as a means of the law technique, which is used in different branches of the modern law as well as in the field of civil procedure. The author points to certain fictions in the domain of the procedural law concerning the dispositional legal operations such as fictions on bringing compalints and fictions on withdrawing complaints no matter if they were directly or indirectly formulated in the legal text and points to a special law phenomenon - to fictions on the statement of the appeal . Fictions on the statement of the appeal are encountered in the court of appeal procedure concerning the appeal to the decision by means of which a decision has been made on a possibly joined demands. They have resulted as a consequence of the legal gap which should have been filled by interpretation. The court practice has in this situation resorted to creating fictions on the statement of an appeal, thus practically contributing the court to participate in the law order elaboration. Fictions on the statement of the appeal, as a legal phenomenon occuring in the court practice due to the failures of the lawmaker to norm a procedural situation, represent a phenomenon to be studied and analysed in details. This law phenomenon, which has not attracted attention of processualists deserves not only to be the subject of a special analysis due to the basic concrete dilemmas it causes, pointed to by the author, but to be legally normed as well.
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At 1990’s the computers and internet had been used particularly by governments and universities. And this had started deep-rooted changes in the life of humans. This period has been called as the age of information. In this time the basis properties of the life has not been changed but new properties have been added to their ways. Continuously regeneration of information technologies has produced information systems. Information systems are the rule series that decide the data which one will select and how it will process. The development in the information technologies caused big exchanges in the structure of organization and affected all operations of business. Communication, selling and buying, obtaining information, marketing and advertising, management, health, logistics, banking have been getting new formats by information technologies. In this study the effects of IT have been inspected over marketing. IT affected the marketing both Marketing Information Systems that support all marketing operations of business and diversifying the marketing process. We aimed to inspect these two main effects in our study.
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Investments in crude oil recently belong among the most profitable ones. Among these investments I include direct crude oil futures investments and modern structured indirect investments (in this case warrant) with crude oil being the underlying asset, crude oil companies funds investments, crude oil fund investments or crude oil companies stock investments. However development of prices of particular indirect investments differ not only comparing to each other but also comparing to direct investments in the commodity. The goal of my entry is to identify and compare different warrant price development reflectance to American crude oil and American crude oil companies’ stock using the determination of so called psychological barrier regarding three time periods.
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The contingencies of modern life have changed the scenario for people today. New aspects have crept into life styles due to hectic work schedules and pressures. Stress is one such aspect that is receiving unprecedented attention from practitioners and academicians alike. Needless to say, stress is present in every one but shows up in some people more than others, the cause of which is a wide area of research. This paper aims to fill in the above mentioned information by investigating the causes of stress on executives. In the initial part of the paper, stress is discussed in detail and supported by information and facts. Some remedies to counter stress are also mentioned. In second part, the research and its findings are described which was conducted on executives in Luck now city. The results are shown through figures as well as described in detail. The main causes of stress are listed out as shown through the research. Based on this research, three new perspectives have been developed to understand stress in organizational context. The first approach is quantitative in nature and includes certain important variables like bad performance, inter personal relations, health problems and obsolescence. The second approach is qualitative in nature and depicts how stress aggravates in people. The final approach describes a sort of tussle between stress and ‘anti stress’ measures and hence is termed as Counter Balance approach. Conclusions are drawn from the research as well as from the new proposed perspectives and include a complete picture of how stress is being tackled by executives themselves as well as from efforts by organizations.
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Since Georgescu-Roegen’s (“The entropy law and the economic process”, 1971) pioneering work on entropy in economics, not many scholars have preoccupied themselves with this concept and its consequences. Recently some revival is taking place to link entropy and the business world (see for example “The entropy vector, connecting science and business” by Handscombe and Patterson, 2004). Briefly entropy is the degree of disorder at some time for any system. For a closed system the natural tendency would be for entropy to keep increasing till final destruction. In the business world, entropy is also present and unless some actions are taken, any business will become more and more ineffective and eventually die. Sanidas (“The open system of four dynamic bio-socio-economic processes of the firm: the diamond of the black box”, 2006) has introduced four processes (“processes of the black box, or PROBB) that are negentropic, in other words they can prevent entropy from increasing during all operations of a firm. Based on Sanidas’s work a questionnaire has been constructed and a survey was conducted with 120 firms in the marine industry in Australia. In this paper part of the results of this survey is presented with the aim to measure entropy in business. Thus, variables that denote waste directly or indirectly are some of the variables to correlate with all variables in the PROBB and inspect which such correlations are the strongest. The examination of these correlations together with some other analyses is providing us with some encouraging results as to the measurement of entropy. In turn such measurement will enable us to establish which areas are primary sources of inefficiencies. Obviously, the detection of these inefficiencies is necessary for firms to become more competitive and robust in their commercial and production activities.
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There is a broad range of literature on economic crises witnessed, with the recent experiences we had in Far East Asia, Argentina, Mexico, Brazil and Turkey. Although there are still debates on the triggering mechanisms, it is a common accepted fact that, large and consistent fiscal deficits, market imperfections, over burden of foreign debt and shallow fiscal markets are among the factors contributing. As in the case of Ricardian equivalence, a debt-financed reduction in government revenue should not effect the exchange rate or the current account shows very conflicting conclusions. This paper aims to explore economic growth, import demand, external debt, exchange rates and public debt linkages. Two alternative models have been explored which shows that among the given variables there is no long term impact. VAR technique had been adopted to find the impulse-response relations. For the 1990-2006 period examined data set shows that there is a meaningful linkage as hypothesized. Findings also show that there is a case of internationalization of external debt which is consistent with the Turkish experience.
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Worldwide, more and more companies are using the Internet as a medium for the development of business through electronic means. Internet usage has changed the business process in many companies, whereas electronic business has been accepted as a new form for the realization of digital business transactions, without use of hard copy documents and direct contacts in the business process. While the economies of western countries have started to utilize new forms of business through the Internet, in Kosovo we have just started to talk about electronic business, and neither have the advantages of B2C business been yet discovered. New technologies and the increase of their usage, especially the Internet, have changed the traditional business manner and enabled the overcoming of time and space limitations in communications and business development, and have increased the efficiency of the business system work, creating new business forms and models, which meet the needs, desires and requests of the consumers. Firstly, such a paper aims to emphasize the opportunities of Internet usage for business purposes in Kosovo, and the need to raise the awareness amongst the business community so that they accept such new model of digital business if they intend to be competitive in the market.
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This paper examines the practice of franchising as a strategy by which entrepreneurs can expand their venture and make substantial return from their investments. The paper tries to explore the extent to which franchising is being practiced in Nigeria and the resultant effect of franchising on the national economy. The study was done by taking intensive study of Nigerian business world to see the extent of the practice of franchising system of business. The result of this study shows that franchising is not well known or practiced in Nigeria. Only a handful of business entities such as the Nigerian Bottling Company and some fast food companies have been engaged in franchising. The paper recommends that government should create a greater awareness of the franchise strategy so that more investors will be aware of it and invest in it. This will create more employment opportunities, reduce poverty level, and ultimately improve the Gross Domestic Product of the nation.
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People are the most valuable resource within any country. There appears to be a strong linkage between the training, attitudes and goals of people and the level of economic growth within a country. An essential ingredient in the economic growth of any country is the key individual who promotes change and development, these persons may be called entrepreneurs. The Entrepreneurs are playing a major role in accelerating the pace of economic development the world over by their innovative and creative approach to the process of production and product launching in the market. They have thus helped to guide a new economic order by perception of new opportunities and converting them into profitable ventures. Hence various studies have been done on the above theme, but no studies have been conducted in SriLankan and Bangladesh perspectives, especially in Small Scale Entrepreneurs. Present study is initiated Characteristics of Entrepreneur, as a comparative study of Small Scale Entrepreneurs of SriLankan and Bangladesh with the samples of fifty (50). Factor analysis shows that SriLankan entrepreneurs have characteristics such as seeking opportunity, persistence, commitment to work contract, demand for work quality and efficiency, risk taking, visionary, similarly Bangladeshi entrepreneurs also have above characteristics except visionary.
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