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Displaying Results 126 - 150 of 11721 on page 6 of 469
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The role of the judge in the progressive development of international criminal law
(2017)
Powderly, Joseph
The role of the judge in the progressive development of international criminal law
(2017)
Powderly, Joseph
Abstract:
International criminal law offers fertile ground for considering the role of the bench in the development of law through creative or progressive interpretative methodologies. Since its genesis at Nuremberg more than 70 years ago, international criminal law has gone through a gradual process of evolution, maturation and codification culminating in the adoption of the Rome Statute establishing the permanent International Criminal Court in 1998. States have of course played a key role in this process; however, it is simply impossible to ignore the fact that international criminal law would not be the sophisticated body of norms it is today without the creative, developmental impetus of the judges tasked with breathing life into its often overwhelmingly laconic provisions. This thesis exploits this fertile ground and explores the role the international criminal bench has played in the development of contemporary international criminal law. The core research question asks, how is the jud...
http://hdl.handle.net/10379/6413
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Mark
Children's rights in private international law
(2008)
Long, Eimear
Children's rights in private international law
(2008)
Long, Eimear
Abstract:
THESIS 8355
This thesis will look at the dialogue that is currently taking place between children's rights and private international law to discover the extent to which the concepts of the first are and can be successfully incorporated into the second. Children's rights provide a useful example through which to examine the interaction of private international law and human rights. The changes that have been and will continue to be required of private international law by the recognition of children's rights will be demonstrated, and the successes and difficulties will be noted. This thesis examines current and past private international law rules, found in case law, legislation and international treaties, as well as taking into account the ideas and theories of various scholars. The research is based largely on Irish private international law, however, in many areas examination is also undertaken of international norms, whether or not they are binding on Ireland, ...
http://hdl.handle.net/2262/78057
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Transnational commercial law: the way forward
(2003)
Gopalan, Sandeep
Transnational commercial law: the way forward
(2003)
Gopalan, Sandeep
Abstract:
This Article seeks to examine the impelling need for the creation of international rules to govern international commerce, the motivations thereof, and international experience in that regard. No nation is immune from the need to craft solutions of an international nature to govern its interactions with others. This need extends across the spectrum from systems as evolved as the United States to those of some African nations. Distrust can only be overcome in the presence of rules that are formulated by the international community. The following pages examine these issues in the context of two international instruments: the United Nations Convention on the International Sale of Goods ("CISG") and the Convention on International Interests in Mobile Equipment ("CIIME").
http://mural.maynoothuniversity.ie/2493/
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Higher education professionals' perspectives on international student experiences of life and learning in Ireland : a qualitative study
(2013)
O'Reilly, Aileen; Hickey, Tina; Ryan, Dermot
Higher education professionals' perspectives on international student experiences of life and learning in Ireland : a qualitative study
(2013)
O'Reilly, Aileen; Hickey, Tina; Ryan, Dermot
Abstract:
Although numerous studies have explored international students' experiences, there is a dearth of research exploring the perspectives of professionals who have contact with international students. The present study addresses this gap in the literature by providing an analysis of higher educational professionals' (n=11) perspectives of international students' experiences and analysing the challenges which arise when working with international students. In this study, semi-structured interviews were conducted with staff from a large Irish Higher Education Institution. Participants described a range of difficulties experienced by international students, including sociocultural and psychological difficulties, and outlined a number of challenges which exist when dealing with international students, most of which relate to cultural differences and lack of interest in internationalisation. The findings have important policy and practical implications for higher education ser...
http://hdl.handle.net/10197/4649
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International law, literature and interdisciplinarity
(2016)
Yahyaoui Krivenko, Ekaterina
International law, literature and interdisciplinarity
(2016)
Yahyaoui Krivenko, Ekaterina
Abstract:
This article analyses the relationship between international law and literature from the point of view of its form of expression. Using insights from Deleuze and Guattari's analysis of Kafka's oeuvre as a ‘minor literature’, it argues that stylistic conventions of international law present a serious barrier to the full development of the truly revolutionary potential of international law. International law is situated in proximity to minor literature. Therefore, the constraints imposed on the use of language by the discipline of international law produce particularly distorting results within international law scholarship. These distortions reflect the need to open the language of international law up to new uses that allow for the precedence of expression over content, as in a minor literature.
NUI Galway Millennium Fund Grant and People Programme (Marie Curie Actions) of the European Union’s Seventh Framework Programme (FP7/2007–2013) under REA grant agreement n°PCIG...
http://hdl.handle.net/10379/5741
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The failed liberalisation of Algeria and the international context: a legacy of stable authoritarianism
(2002)
Cavatorta, Francesco
The failed liberalisation of Algeria and the international context: a legacy of stable authoritarianism
(2002)
Cavatorta, Francesco
Abstract:
The paper attempts to challenge the somewhat marginal role of international factors in the study of transitions to democracy. Theoretical and practical difficulties in proving causal mechanisms between international variables and domestic outcomes can be overcome by defining the international dimension in terms of Western dominance of world politics and by identifying Western actions towards democratising countries. The paper focuses on the case of Algeria, where international factors are key in explaining the initial process of democratisation and its following demise. In particular, the paper argues that direct Western policies, the pressures of the international system and external shocks influence the internal distribution of power and resources, which underpins the different strategies of all domestic actors. The paper concludes that analysis based purely on domestic factors cannot explain the process of democratisation and that international variables must be taken into more s...
http://doras.dcu.ie/471/
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How Just Is the Union's Area of Freedom, Security and Justice?:an Assessment of the Normative Status of International Fundamental Rights in the Union's Legal Order.
(2006)
Carruthers, Stephen
How Just Is the Union's Area of Freedom, Security and Justice?:an Assessment of the Normative Status of International Fundamental Rights in the Union's Legal Order.
(2006)
Carruthers, Stephen
Abstract:
This thesis argues that international fundamental rights provide the most appropriate measure of justice for the Union’s area of ‘freedom, security and justice’ (AFSJ). However, it is argued that the normative status of international fundamental rights in Union law is undermined by the pursuit of the objective of autonomy of Union law and deficiencies in the legal mechanisms for giving effect to those rights. This research analyses the sources and normative status of international fundamental rights in Union law, and in particular the AFSJ, both as currently constituted and under the Constitution, and assesses the robustness and effectiveness of the Union’s constitutional order in guaranteeing the protection of those rights. Part one investigates the relationship of Union law with international fundamental rights. Chapter two provides the theoretical justification for the selection of international fundamental rights as a standard. Chapter three critically analyses the ...
https://arrow.dit.ie/aaschlawoth/6
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Personal or Organisational Control? A Critical Perspective from the Multinational’s International Assignees
(2005)
Crowley-Henry, Marian; Weir, David
Personal or Organisational Control? A Critical Perspective from the Multinational’s International Assignees
(2005)
Crowley-Henry, Marian; Weir, David
Abstract:
This paper presents findings from a qualitative study of non-national employees of multinational organisations based in Sophia Antipolis (South of France). Here twenty-three in-depth interviews with non-nationals employed by a multinational in the area, together with contextual data regarding the particular case of Sophia Antipolis contribute to the discussion on power and control in an international, organisational context. Irrespective of the initial motivations to follow on an international career, this study highlights the tensions individuals encounter in their desire to retain their international status while seeking out a more individual, balanced, protean career, potentially beyond their current employing organisations. Extracts from the stories told by international assignees are shared in this paper, underlining the importance of control (in mastering one’s own destiny) and the affinity of international assignees to their own career (be that what it may) as o...
https://arrow.dit.ie/buschmarcon/66
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The Prohibition of Environmental Damage during the Conduct of Hostilities in Non-International Armed Conflict
(2013)
Smith, Tara
The Prohibition of Environmental Damage during the Conduct of Hostilities in Non-International Armed Conflict
(2013)
Smith, Tara
Abstract:
This thesis examines the adequacy of the laws of armed conflict to prohibit environmental damage in non-international armed conflict. The overall conclusions is that the laws of armed conflict are not adequate in this regard because they do not apply in equal measure to state and non-state actors and they only provide piecemeal indirect environmental protection, which conforms to the requirements of the principle of legality and the rule of international law in only very specific circumstances. The thesis begins by tracing the historical development of the environmental dimension of the laws of armed conflict, to explain the absence of direct environmental protection provisions and to contextualise the discussion the subsequent chapters. It also briefly outlines the nature of the environmental damage caused by state and non-state actors in non-international armed conflict. Subsequently, the treaty-based and customary laws of armed conflict that have the potential to indirectly prote...
http://hdl.handle.net/10379/3523
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From swords into ploughshares : transitions, international law and policy
(2012)
Gallen, James
From swords into ploughshares : transitions, international law and policy
(2012)
Gallen, James
Abstract:
THESIS 9816
This thesis considers international assistance to transitions. In particular, it examines the relationship between the areas of transitional justice, peace-building, security sector reform and economic development in international law and in the policies of international organisations and donors. It argues that more coherent and effective international engagement is possible through the use of the principle of integrity by international actors. The thesis identifies that international actors pursue diverse goals across these areas, such as justice, truth, peace, reconciliation, an effective security sector, or economic growth. It contends that transitions generate distinct normative and factual circumstances: in pursuing their goals, each area seeks to achieve minimum conditions of civic trust and the rule of law to contribute to the re-constitution of a sovereign political community. These shared conditions render the areas inter-dependent. Nevertheless, the areas r...
http://hdl.handle.net/2262/77988
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Shocking the conscience of humanity: Gravity and the legitimacy of international criminal law
(2015)
McAuliffe deGuzman, Margaret M.
Shocking the conscience of humanity: Gravity and the legitimacy of international criminal law
(2015)
McAuliffe deGuzman, Margaret M.
Abstract:
This thesis analyses the relationship between an idea and the legitimacy of an international regime. The idea, captured in the word "gravity", is that some crimes are so serious that they concern the entire world. That idea provides the central justification for the existence of the international criminal law regime and for many of its doctrines and policies. Legitimacy concerns the normative and sociological justifications for exercises of authority. The idea of gravity serves as the principal force seeking to legitimate the international community's authority to prescribe and adjudicate criminal conduct. The thesis argues that international criminal law's reliance on gravity for its legitimacy is problematic because the concept lacks clear, agreed content. This ambiguity has served a constructive function in the regime's establishment and early years because it facilitates consensus. Regime founders and actors can agree to particular actions, such ...
http://hdl.handle.net/10379/4869
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Deepening democracy: Participation under international human rights law
(2018)
McMurry, Nicholas
Deepening democracy: Participation under international human rights law
(2018)
McMurry, Nicholas
Abstract:
This thesis examines the principle of participation, through which persons may have a direct role in decisions affecting them. This is said to be an integral principle of the international human rights framework, but thus far it is one that has not been developed in great detail or systematically enforced by human rights bodies. The thesis firstly identifies and analyses the right to participation as it is manifest in provisions of international labour conventions, international human rights instruments, and international environmental law, establishing the content of these provisions and the obligations imposed to enable participation. Secondly it demonstrates that international human rights supervisory bodies assert a principle of participation that applies beyond the context of these explicit provisions in hard law treaties, to the interpretation of international human rights law generally. The thesis argues that such a principle can be justified according to theoretical and prag...
http://hdl.handle.net/10379/7148
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Democracy and international law : an analysis of the origins of democracy, its relationship with international law and its applicability to modern international institutions
(2010)
Fuller, Roslyn
Democracy and international law : an analysis of the origins of democracy, its relationship with international law and its applicability to modern international institutions
(2010)
Fuller, Roslyn
Abstract:
THESIS 9476
This thesis utilises legal history, comparative law, the law of state organization and international economic law, as well as analyses of political scientists, national and international jurisprudence and original systematic findings to determine the attributes of democracy. Following the introduction (Chapter 1), Chapter 2 of this thesis examines the Athenian democracy (established approximately 2500 years ago, and the only well-studied democracy in the Western world) identifying its basic tenets, modus operandi, and its benefits and deficiencies. Chapter 3 examines the political and legal organisation of the Roman Republic, which developed the rule of law standard now common in Western nations, comparing its development, strengths and weaknesses to those of Athens and, in particular, its compatibility or non-compatibility with the prerequisite conditions of democracy. Chapter 4 briefly investigates the historical development of the legal concept of human rights and...
http://hdl.handle.net/2262/90163
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A Demandeur-Centric Approach to Regime Design in Transnational Commercial Law
(2008)
Gopalan, Sandeep
A Demandeur-Centric Approach to Regime Design in Transnational Commercial Law
(2008)
Gopalan, Sandeep
Abstract:
Recent scholarship on international agreement design has almost exclusively focused on the public international law area. The literature on regime design in the area of international private law lacks a solid theoretical foundation. Academic writing on public international law's state-centric approach is only amenable to crude transplantation and poses several puzzles in the international private law context. Resolving these puzzles is important because of the proliferation of transnational commercial agreements in areas that were traditionally the province of domestic law. This paper attempts to provide a starting point to address the theoretical vacuum. Part I argues that functionalist, liberal, and realist theories cannot fully explain transnational commercial law agreement design. Part II puts forth a demandeur-centric approach with the aid of examples that span the spectrum from hard law to soft law. Part III concludes that agreement design in transnational commercial law ...
http://mural.maynoothuniversity.ie/2436/
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International water resources law and the International Law Commission draft articles on transboundary aquifers: a missed opportunity for cross-fertilisation?
(2011)
McIntyre, Owen
International water resources law and the International Law Commission draft articles on transboundary aquifers: a missed opportunity for cross-fertilisation?
(2011)
McIntyre, Owen
Abstract:
While the Draft Articles on the Law of Transboundary Aquifers adopted in 2008 by the International Law Commission (ILC)1 follow the same format as the 1997 UN Watercourses Convention2 and might reasonably have been expected to adopt a similar normative approach wherever possible, the Preamble to the Draft Articles fails to make any reference to this or to other seminal instruments or codifications in the area of international water resources law and the document takes, in some respects, a radically different and less progressive stance. The principal difference in the Draft Articles, and one which can be linked to most of the other deviations, is the inclusion of an express reference to the sovereignty of aquifer States in a manner implying that this is the key guiding principle of the instrument. This emphasis on State sovereignty over shared, and often migratory, water resources appears to represent something of a retreat from the distributive equity inherent in the firmly establi...
http://hdl.handle.net/10468/1219
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IMF conditionality and the economic exposure of its shareholders
(2014)
Breen, Michael
IMF conditionality and the economic exposure of its shareholders
(2014)
Breen, Michael
Abstract:
There is substantial evidence that International Monetary Fund policies are driven by the powerful states which intervene to align policy with their preferences. In particular, many have argued that the United States uses its position as the Fund’s largest shareholder to achieve its foreign policy objectives. As a result, a substantial volume of literature argues and presents evidence to support the claim that International Monetary Fund decisions faithfully reflect US interests. My findings extend these claims. Using a new dataset on the presence in International Monetary Fund agreements of binding conditions, which cause the agreement to be suspended or terminated if they are not met, I demonstrate that International Monetary Fund agreements contain fewer binding conditions when a suspension of International Monetary Fund lending plausibly would impose greater hardship on creditor country banks and exporters.
http://doras.dcu.ie/19969/
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The Experiences of American International Students in a Large Urban Higher Education Institute in Ireland
(2015)
O'Reilly, Aileen; Hickey, Tina; Ryan, Dermot
The Experiences of American International Students in a Large Urban Higher Education Institute in Ireland
(2015)
O'Reilly, Aileen; Hickey, Tina; Ryan, Dermot
Abstract:
Growing numbers of American students are travelling overseas to study abroad and enroll in full degree programs. Despite this trend, relatively little is known about the experiences of United States (U.S.) students abroad. The aim of this research was to examine the experiences of American international students in Ireland. Findings suggest that while U.S. students experience some adaptation problems, overall, they adapt well to studying in Ireland. Subtle differences in long-term and short-term international students¿ levels of social support and academic satisfaction were also detected. This research has important practical implications for facilitating the adaption of U.S. students abroad. At a time when many governments and academic institutions are devising strategies to attract international students, this research is timely and necessary.Keywords: international students; psychological well being; sociocultural adaptation; cross-cultural adjustment.
IRC doctoral fellowship
http://hdl.handle.net/10197/6718
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The United States and International Criminal Tribunals
(2012)
Rhea, Harry M
The United States and International Criminal Tribunals
(2012)
Rhea, Harry M
Abstract:
This study examines the policies put forth by the United States during international debates that established international criminal tribunals from the pre-First World War era to 2012. Each chapter closely considers the United States¿s role and position during each era. The first chapter covers the era prior to the First World War, including the development of the Lieber Code and the prosecution of Henry Wirz. The second chapter analyzes the United States's position on establishing an international criminal court for the prosecution of Germany's former Emperor, William II, at the Paris Peace Conference in 1919. Chapter three covers the interwar period. Chapter four covers the post-Second World War era and the United States's role in establishing the International Military Tribunal and the International Military Tribunal for the Far East. Chapter five considers the Cold War era and the United States's policy during the debates in the General Assembly, Genocid...
http://hdl.handle.net/10379/3044
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The Relationship between Refugee Exclusion Law and International Law: Convergence or Divergence?
(2011)
Rikhof, Joseph
The Relationship between Refugee Exclusion Law and International Law: Convergence or Divergence?
(2011)
Rikhof, Joseph
Abstract:
While asylum as a concept has been known since ancient times, persons with a criminal background have always been treated with suspicion and depending on the time and place would either be granted asylum in a limited form or not at all. When amorphous notions related to asylum began to become crystallized in international treaties during the 20th century, the issue of criminality, although only pertaining to a very small number of asylum seekers, caused sufficient concern to the drafters of the various instruments to warrant its mentioning in a number of provisions in such agreements. Through the lens of exclusion from refugee status, this study assesses whether refugee law has remained in step with the international and domestic regulation of criminal conduct. At the international level, crimes such as genocide, crimes against humanity, war crimes, terrorism and organized crime have become the subject of international treaties and jurisprudence. These types of crimes, as well as ot...
http://hdl.handle.net/10379/2306
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The Right to a Fair Trial in International Criminal Law
(2014)
McDermott, Yvonne
The Right to a Fair Trial in International Criminal Law
(2014)
McDermott, Yvonne
Abstract:
This work seeks to examine the potential of international criminal tribunals to set the highest standards of procedural fairness for the conduct of criminal proceedings domestically. This work points to a number of reasons why international criminal procedure ought to act as a beacon of fairness for domestic legal systems. International criminal procedure has embodied a number of positive precedents and has largely served in granting the accused a fair trial in an extraordinarily challenging context. In spite of these notable advances, the author identifies a number of shortcomings that indicate that contemporary international criminal tribunals have not fully embraced their standard-setting function and which have left the potential to set the highest standards of procedural fairness unrealised. These shortcomings include the length of trials and the causes of delay, coupled with a failure to acknowledge breaches of the accused's right to trial without undue delay. On occasion...
http://hdl.handle.net/10379/3947
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A Critical Analysis of Grand Corruption with Reference to International Human Rights and International Criminal Law: The Case of Nigeria
(2017)
Anaedozie, Florence
A Critical Analysis of Grand Corruption with Reference to International Human Rights and International Criminal Law: The Case of Nigeria
(2017)
Anaedozie, Florence
Abstract:
Grand corruption remains a domestic crime that is not directly addressed by the international human rights and international criminal law regulatory frameworks. Scholars argue that the right to a society free of corruption is an inherent human right because dignity, equality and participation significantly depend upon it. The academic discourse linking corruption to the violation of human rights is relatively new, no regional or global human rights instrument has referred specifically to corruption while anti-corruption treaties rarely refer to human rights. There is also insufficient research within this area, establishing the direct causal link between high-level corruption and systemic human rights violations. Therefore, using qualitative interpretative analysis, this thesis aims to address this lacuna with reference to the case of Nigeria by interrogating case law, treaties, and other relevant legal human rights instruments. Consequently, the project placed the relevant internat...
https://arrow.dit.ie/appadoc/78
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International entrepreneurship in universities: context, emergence and actors
(2018)
Evers, Natasha; Cunningham, James A.; Hoholm, Thomas
International entrepreneurship in universities: context, emergence and actors
(2018)
Evers, Natasha; Cunningham, James A.; Hoholm, Thomas
Abstract:
This special issue presents an opportunity to explore the international aspects of academic and university based international entrepreneurship. Over the last decades much research attention has been focused on university spin-off firms (USOs) on issues such as, creation, risk, strategies and performance (see Druilhe and Garnsey, 2004; Link and Scott, 2005; Lockett and Wright, 2005; Walter et al, 2006; Wright et al., 2006). There has been a dearth of studies that have examined the international dimensions and aspects of university-based spin-off firms. The six articles presented in this special issue point towards interesting future research agendas at the interface between academic and international entrepreneurship. Three core themes emerge from this special issue: Context, Emergence and Actors. In sum, this special issue pinpoints: firstly, specific features of universities and research organizations as contexts for international technology entrepreneurship; secondly, the process...
http://hdl.handle.net/10379/11381
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Essays in economics : the International Monetary Fund - history, institutional and legal structures, ethics, epistemology, International Law and the International Monetary Fund and Charles Davenant and the Great Recoinage of 1696
(2008)
Larkin, Charles J.
Essays in economics : the International Monetary Fund - history, institutional and legal structures, ethics, epistemology, International Law and the International Monetary Fund and Charles Davenant and the Great Recoinage of 1696
(2008)
Larkin, Charles J.
Abstract:
THESIS 8673
This work is an exploration of the epistemology of economics which aims to analyse some of the wider teleological and ontological questions that arise from that investigation. This exploration is facilitated by the focus of this thesis at first on the history of economic thought during the Financial Revolution of the late 17th Century and the historical, institutional and legal analysis of the International Monetary Fund. The methods utilized in this work are similar those used in legal reasoning and for the critical analysis of primary and secondary source documents by historians. In a word, the method is interdisciplinary. This work attempts to grapple with the implications of not only the method but also the teleological, ontological and epistemological question presented by the application of that method. The lens through which those ideas are viewed is natural law. Natural Law Theory can justifiably be considered the seed from which modem economics has sprung. I...
http://hdl.handle.net/2262/86421
Marked
Mark
A Narratives’ Exploration of Non-traditional International Assignees Locally Resident and Employed in the South of France
(2008)
Crowley-Henry, Marian
A Narratives’ Exploration of Non-traditional International Assignees Locally Resident and Employed in the South of France
(2008)
Crowley-Henry, Marian
Abstract:
Contemporary publications in international human resource management call for the pluralisation of international assignees beyond the widely described expatriate. This paper presents an under-explored category of international assignees: highly educated, non French, Western (first world) individuals who reside indefinitely in the South of France, maintaining their professional careers while resident in the host country. A sample of over thirty individuals meeting these criteria was interviewed in France in depth over a three year period. These individuals are not migrants as by their own descriptions they consider migrants to have to move internationally (economic migrants) while their decisions to move to and remain in the South of France are extra-economically and more lifestyle anchor related. Rather, they would describe themselves as ‘an English-, Irish-, American- etc. man/woman living in France’. The narratives collected from the sample are analysed interpretivi...
https://arrow.dit.ie/buschmarcon/65
Marked
Mark
A comparative analysis of required financial disclosures in US, UK and international accounting standards
(2011)
Brennan, Niamh; Marston, Claire
A comparative analysis of required financial disclosures in US, UK and international accounting standards
(2011)
Brennan, Niamh; Marston, Claire
Abstract:
This paper explores the extent to which there are significant differences in disclosure requirements under US, UK, international accounting standards. Previous research into international disclosure diversity has focused on an analysis of disclosure practices in different countries rather than on disclosures required by regulations in different countries. Financial disclosures required by UK professional regulations and by International Accounting Standards (IASs) are summarised and classified using Barth and Murphy’s (1994) categorisation by purpose of disclosure and by category and subject. US, UK and international required disclosures are compared and areas of divergence are highlighted. Although differences in required disclosures between the three regulatory regimes are evident from the analysis, these differences are not significant in the multivariate models tested. A notable difference is greater required disclosures in the UK/IASs concerning entity structures (business co...
http://hdl.handle.net/10197/2969
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