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Too many international business strategy textbooks slavishly adhere to mainstream conceptual models. The publication of those models in prestigious practitioner journals such as the Harvard Business Review seems to shelter them from scholarly criticism. The problem is that the policy recommendations derived from these models, while sometimes insightful, are all too often based on implicit and restrictive assumptions. They are frequently oversimplified and seldom based on a rigorous analytical framework that assesses the opportunity costs of following the recommended paths, that is the costs of foregoing alternative strategies.
In: Research in global strategic management Volume 11
In: Emerald insight
Introduction / Daniel Van Den Bulcke, Alain Verbeke -- CAVE! HIC DRAGONES! Alan M. Rugman's contributions to the field of international business / Lorraine Eden -- The MNES spatial positioning / Bernard M. Wolf -- Rugman and the geography of MNE activity / John H. Dunning -- Financial and non-financial theories of international diversification / John Cantwell -- Internalization theory and the international diversification : performance conundrum / Jean-Fran(c)ʿcis Hennart -- Regional strategy and performance in the global automotive industry / Alain Verbeke, Paul Brugman -- Regional and global strategies in the intercontinental passenger airline industry : the rise of alliance-specific advantages / Alain Verbeke, Sarah Vanden Bussche -- environmental issues and the MNE / Ans Kolk -- Rethinking international management theory in a world of regional multinationals / Alan M. Rugman -- Twenty-five years of international diversification and the multinational enterprise / Alan M. Rugman
In: Maastricht journal of European and comparative law: MJ, Band 15, Heft 3, S. 395-413
ISSN: 2399-5548
Clear and predictable rules act as a shadow in which parties can negotiate. European Private Law cannot offer such a shadow because its rules are too diffuse and incoherent. Nor can national laws provide this in a cross-border context. The European Commission's initiative to review the consumer acquis and create a more consistent body of rules through a CFR must therefore be supported. However, to the extent that the CFR goes beyond the revision of the consumer acquis and envisages the creation of a European contract law, it is argued that a fundamental step is lacking. Before drafting technical rules, an open, transparent and political dialogue is needed about the values underpinning such a contract law. This dialogue can benefit from a diversity of views, including more radical welfarist ideas. Negotiation theory shows how to set up a more open process of developing a European contract law. As in any negotiation, several tensions must be managed: between distribution and creation of value, empathy and assertiveness and between the interests of the European constituency and its political agents. New processes of empowered deliberative democracy with a consensus model of decision making may inspire a means for handling this much needed dialogue on European contract law.
In: Maastricht journal of European and comparative law: MJ, Band 8, Heft 2, S. 189-200
ISSN: 2399-5548
In: European Review of Private Law, Band 2, Heft 1, S. 1-30
ISSN: 0928-9801
Abstract. 1. This article focuses on two recent Belgian Laws regarding the protection of mentally handicapped persons. The first one, of June 26,1990 deals with the involuntary hospitalization of mentally handicapped persons. A year later, the Law of July 18, 1991 regulates the protection of property of adults who are unable to look afther their own affairs. These legislative initiatives attempt to bring the Belgian law in these particular matters in accordance with the idea of recognizing and protecting the human rights of mentally handicapped persons. This has been a general international trend in mental health law. A number of international declarations and conventions, and the European Court on Human Rights, play a major role in this process. Several countries have adapted their legislation to this new perspective.
2. In the first paragraph this international perspective is briefly described, firstly in the field of involuntary hospitalization. One finds that the emphasis on human rights strongly influences the procedure of hospitalization as well as the internal legal position of the patient. Where the concept of involuntary placement used to be considered as a measure for the patient's own well-being in order to protect him against himself, it now is looked at from the perspective of a deprivation of freedom, which is only justified if it is strictly necessary. Recognizing the patient's right to an appriopriate treatment and care during his hospitalization, several countries have developed a coherent set of rules organizing and safeguarding the internal legal position of the involuntarily hospitalized patient. Secondly, the international evolution regarding guardianship over adults is discussed. Here, the trend clearly is that the law must offer a graded system of care, limiting the capacity of the mentally handicapped person only if and to the extent that it seems necessary to protect him. The least restrictive alternative must be applied. Legal control through the courts with strict procedural guarantees is essential, as is a periodic review of the necessity of the measure, and time limits.
3. In the second paragraph, the new Belgian law regarding involuntary placement is analyzed. Although this law follows the general international trend of emphasizing the patient's human rights and provides for several procedural safeguards in compliance with international documents and the case law of the European Court on Human Rights, it has been widely criticized, mainly because of the complex and often unclear procedure it entails. Moreover, unlike several foreign laws in this field, the Belgian law does not deal coherently with the internal legal position of the patient. It only regulates the involuntary hospitalization, without explicitly guaranteeing the patient's right to an appropriate treatment or his right to refuse treatment.
4. The third paragraph deals with the Belgian law of 1991 concerning the protection of property of adults who are unable to look after their own affairs. According to this law, which has been integrated into the Belgian civil code as article 488bis, a provisional administrator may be appointed for every adult person who is not able because of his health to manage his property, and who has no legal representative. The law complies with the international trend towards a graded system of care. It delivers to the justice of the peace a flexible instrument which he can apply to achieve the most equitable result according to the specific circumstances of each case. However, it is regrettable that the Belgian legislature limited itself to a partial reform and did not take this chan
In: European Review of Private Law, Band 1, Heft 1/2, S. 290-298
ISSN: 0928-9801
In: Annals of Public and Cooperative Economics, Band 59, Heft 2, S. 157-174
ISSN: 1467-8292
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In: KWEP 2020/19, 3-8.
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In: Verbeke, A.L., Alofs, E., Defever, C. & Mortelmans, D., Gender Inequalities and Family Solidarity in Times of Crisis, in L. Cornelis (ed.), Finance and Law: Twins in Trouble, Cambridge-Antwerp-Portland, Intersentia, 2015, p. 57-88, 2015
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In: Verbeke, A.L. (2015). Aanwinsten als "échappement" voor een evenwichtig huwelijksvermogensrecht [Gains as the key factor for a balanced matrimonial property law], in A.L. Verbeke (ed.), Het Rector Roger Dillemans Instituut Famililaal Vermogensrecht. Hommage aan een ererector (The Rector Roger Dill
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In: Verbeke, A.L. (2015). Help de onveiligen van geest. Zes maatregelen die we al lang hadden moeten nemen (On Security on the Road), De Standaard (Belgian general newspaper), December 10, 2015.
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