Unilateral Termination Research Articles

Derecho y trabajo asalariado: significado y tensiones

El Derecho como legitimador del poder público y equilibrio de las tensiones sociales. El orden productivo capitalista genera un específico marco social y político que conforma el subsistema jurídico-laboral que se ocupa de la prestación de trabajo y de los poderes en presencia: el directivo y disciplinario del empresario y el contrapoder colectivo de los trabajadores. Frágil equilibrio que en la actual democracia globalizada favorece la posición empresarial y con ello su poder de resolución unilateral del vínculo contractual laboral que no sólo violenta el marco laboral, sino la propia configuración vital del trabajador y de la sociedad en la que se inserta.

6. Permanent Court of Arbitration (PCA)

At the end of 2016, the PCA was acting as registry in seven inter-state arbitrations. Out of these, in the Arbitration between the Republic of Croatia and the public of Slovenia relating to territorial and maritime issues, a partial award was granted and in the South China Sea Arbitration (Republic of Philippines v People’s Republic of China), the arbitral tribunal rendered a final award. The arbitral tribunal resumed the hearing on 17 March. Croatia refused to make any representation as a result of its view that the PCA no longer had jurisdiction as it had terminated the 2009 Arbitration Agreement between the government of the Republic of Croatia and the government of the Republic of Slovenia (Arbitration Agreement) agreement because of the alleged material breach by Slovenia of Arbitration Agreement. The material breach related to a leak of confidential information regarding the arbitration tribunal deliberations. Slovenia, while acknowledging the situation, was of the view that the actions taken by the PCA and Slovenia to rectify the problem meant that Croatia was not entitled terminate the agreement. Slovenia appeared before the tribunal and argued that the tribunal has competence to determine the legal ramification of unilateral termination of the Arbitration Agreement and that it should complete its mandate by rendering an award.

О некоторых процессуальных проблемах, связанных с отказом арендатора от договора аренды

Article 619 of the Civil Code of the Russian Federation has been of well established application with regard to the mechanism of the lessor’s right for early dissolution of the lease contract. Certain difficulties do exist in relation to the practices of the right to refuse a tenant lease. The article analyzes the legal practice with regard to the unilateral refusal to perform the obligations under the lease. Recommendations to address the problems identified through the establishment of a mechanism ratio rules of the Civil Code on the general grounds of termination of a civil contract, and the grounds for early termination of the lease. It has been determined that the formulation by the parties of “abstract” grounds for withdrawal does not meet the principle of respect for the economic stability of civil turnover. The grounds for unilateral termination of the obligations in the lease are to be substantiated in detail.

Racial/ethnic disparities in client unilateral termination: The role of therapists’ cultural comfort

Objective: There is growing evidence highlighting the existence of inequities in mental health treatments that occur on the basis of client race and ethnicity for some therapists. In particular, therapists vary in the degree to which their racial/ethnic minority clients unilaterally terminate as compared to White clients. Although therapists have been shown to be a key source of racial/ethnic mental health treatment disparities, less is known about what predicts which therapists will have larger disparities among their clients. Method: With this in mind, the current study examined client unilateral termination within therapist caseloads, and then examined therapists’ racial/ethnic comfort and general comfort as predictors of client unilateral termination. The sample included 23 counselors who treated 177 clients at a large university counseling center. Results: The results indicated that therapists’ racial/ethnic comfort was significantly associated with racial/ethnic disparities within their caseloads; however, therapists’ general comfort was not. Implications for research and practice are offered. Conclusions: Therapists' racial/ethnic comfort may help explain disparities in unilateral termination.

Article 17 of the Fifa Regulations on the Status and Transfer of Players

Article 17 of the FIFA Regulations on the Status and Transfer of Players governs the consequences of a unilateral termination of a professional footballer's employment contract without just cause. The interpretation of this measure by the Court of Arbitration for Sport, and the manner through which the FIFA Disciplinary Code enforces such awards, raises questions as to the compatibility of the regime with EU competition and free movement laws. To avoid rendering unenforceable awards in the territory of the EU, CAS panels should apply EU law more systematically and consistently.

Unilateral Termination of an Arbitration Agreement by a Party After the Arbitration has Commenced

Unilateral Termination of an Arbitration Agreement by a Party After the Arbitration has Commenced

The effect of creditor's good faith on consequences of unfounded terminations of contracts

The purpose of this paper is to draw attention to the problems caused in practice by the so-called unfounded terminations (wrongful unilateral termination; termination without cause) and to emphasize the need to create an integral practice with respect to their sanctioning. Unfortunately, the doctrine does not offer sufficient solutions to above mentioned problem, and certain rare attempts to theoretically explain this phenomenon remain in the shadow of individual judicial/arbitration disputes. Still, it seems that no major attempts were made in order to solve the problem on a conceptual level. The author argues that unfounded termination should be qualified as a breach of contract and suggests that the consequences resulting from such a breach should be more precisely defined. Furthermore, the author seeks the answer to the question whether the creditor's good faith affects the consequences of unfounded terminations, or, in other words, whether the creditor's bad faith makes a necessary condition for the emergence of certain consequences. There is undoubtedly something wrong in the regime of unilateral termination of contract, especially because these terminations are often spoken of as 'terminations at own risk'.

Tandheelkunde en gezondheidsrecht 8. In- en uitschrijven van patiënten: de tuchtrechter stelt de norm

The extent of the responsibility to provide care which a dentist bears depends on whether a patient is registered with the dentist's practice. A dentist has the freedom not to register a patient with his practice, provided he does not violate the anti-discrimination laws or a cooperative professional agreement which the dentist has signed. No conditions are applied if a patient wishes to withdraw his registration, or a registration is withdrawn by mutual agreement. If a dentist wishes to terminate the treatment agreement unilaterally, this can only be done if serious reasons for doing so can be identified. The reasons for termination which will be accepted by disciplinary boards as serious depend very much on the conditions of the specific case. In cases of the unilateral termination of a treatment agreement on the part of a dentist, given the serious reasons for doing so, it is usually necessary for a dentist to take into consideration various requirements for careful conduct.

Beyond consent and coercion: using republican political theory to understand international hierarchies

In categorizing international hierarchies, theorists often emphasize some balance between levels of consent and coercion. I show that emphasis on these terms is conceptually problematic. Borrowing insights from republican political theory, I argue that we can better distinguish hierarchies on the basis of whether they feature domination. Under domination the subordinate’s freedom of choice is contingent upon the predilections of the superordinate state, which can assert its supremacy whenever and possibly, however, it may please. Moreover, subordinate states cannot unilaterally and peacefully withdraw from the hierarchy. By contrast, in hierarchies of non-domination the superordinate state enjoys the ‘powers of attorney’ with which it might be permitted to practice coercion in order to advance an agreed-upon goal. The contract underpinning this type of hierarchy also allows for the unilateral and peaceful termination by the subordinate, either through withdrawal or expiry. I demonstrate the applicability of this conceptual framework by examining Soviet and American relations with Central-Eastern and Western Europe, respectively, during the Cold War.

A Structured Approach to Processing Clients’ Unilateral Termination Decisions

Research over several decades reveals that close to half of clients in the United States terminate psychotherapy before finishing their work, sometimes without discussing the matter with their therapist. As a result, therapists may experience significant distress, both because they had no input into the termination decision, and because they wonder if they were unhelpful, unskillful or even harmful to their clients. This article proposes a structured approach to enable therapists to process unilateral termination experiences. Its six steps are designed to help therapists honor their initial reaction response to the termination; appraise possible causes of the termination; determine most probable causes of the termination, and take commensurate responsibility; mourn; perform reparative tasks for the benefit of current and future clients; evaluate their subsequent well-being and sense of self-efficacy; and take a broader perspective. Designed as pantheoretical, the proposed structured approach is based on empirical data as well as commonly held theory.

Are Advance Pricing Agreements Binding Commitments?

A recent case in the US Tax Court has the potential to severely damage the Internal Revenue Service’s advance pricing agreement programme. The case concerns the unilateral termination by the IRS of a taxpayer’s APAs, and the taxpayer’s efforts to compel the IRS to honour the APAs as binding contracts.

The Manpower Aspect in the Field of Sports

As a result of enhanced professionalism and commercialization in the field of sports, it has become an industry of its own. Professionalism and industrialization are correlated; therefore sports actors’ performance achieved as a result of their professionalism lead to the commercialization, and even to the industrialization of certain (branches of) sports. On the other hand, it is considered that industrialization which involves the commercial aspect is able to maintain, and even enhance sports actors’ professionalism/performance. In practice, such correlation is not always directly proportional, but inversely proportional. There have been cases of issues related to sports actors’ welfare not being properly fulfilled, in fact, being far below the general manpower standards applicable to people doing work (workers/laborers). In general such cases include late or non-payment of wages, reducing bonuses, implementation of contract not accordance with the initial agreement, unilateral termination of contract without compensation for damages and others. The frequently arising question is whether sports actors, particularly athletes, have the status of ‘nonemployee’ professionals, or the status of ‘employees’. The various existing opinions related to such issue of status raise certain legal implications, particularly from the manpower aspect which emphasizes the welfare and legal protection of ‘workers’, which are also often experienced by athletes. It is expected that this article will be able to provide to the readers a broader view regarding the status of athletes’ ‘manpower’ status.

'No-show': Therapist racial/ethnic disparities in client unilateral termination.

In the present study, the authors examined the source of racial/ethnic minority (REM) disparities in unilateral termination (i.e., the client ending therapy without informing the therapist)--a form of dropout that is associated with poor alliance and outcome. First, the authors tested whether some therapists were more likely to have clients who reported unilaterally terminating as compared with other therapists. Next, the authors examined 2 competing hypotheses regarding the therapists role in termination disparities: (a) that racial/ethnic disparities in unilateral termination are similar across therapists and thus due to other components of the treatment process or (b) that racial/ethnic disparities in unilateral termination are specific to therapists, where some therapists are more likely, on average, to have higher rates of unilateral termination with REM clients as compared with White clients. The sample included 155 REM clients and 177 White clients who were treated by 44 therapists at a university counseling center. The results showed that therapists accounted for a significant proportion of the variation in clients' unilateral termination, and REM clients were more likely to report they unilaterally terminated from therapy as compared with White clients. Furthermore, racial/ethnic disparities in clients' report of unilateral termination varied across therapists' caseloads. These results suggest that therapists have a central role in their clients' unilateral termination and have implications for understanding racial/ethnic mental health disparities.

The Life and Death of BITs: Legal Issues Concerning Survival Clauses and the Termination of Investment Treaties

This article considers a number of legal issues that arise when states decide to terminate treaties providing protection to foreign investors. This is an area that is governed both by specific provisions in investment treaties, as well as by principles of general international law. The article considers two particular mechanisms that seek to promote legal certainty for investors by limiting the ability of states to peremptorily revoke the protection offered by investment treaties. Firstly, it considers minimum periods of application. Secondly, it analyzes so-called survival clauses, which serve to extend the application of a treaty to established investors for a particular period of time after its unilateral termination. The article compares the scope of these provisions under a variety of investment treaties in order to identify differences in state practice. It also discusses the limits of these mechanisms against the backdrop of general international law. Finally, the article considers whether protection is also available for established investors when both parties to an investment treaty mutually agree to terminate the treaty. In this context, the article looks at the theory of third party rights and its application in the context of investment treaties.

Mechanisms for Protection of Petroleum Contracts Against Unilateral Action of Host States

Petroleum contracts are subject to unilateral alteration or termination by the host states. Their economic and political sensitive nature along with their long duration adds to their vulnerability. The high sunk cost in such projects which must be reimbursed during the long period of the contract makes it necessary for the foreign investors to devise mechanisms for creating stability and predictability in the contract. This paper reviews the existing protecting mechanisms and their flaws and concludes that renegotiation clauses provide better protection than freezing or economic balancing clauses. It also offers some recommendations for enhancing their functioning in countering unilateral action by the host states.

Divorce on demand: the history, dogmatics, and hermeneutics of the wife’s right to divorce in Jewish law

This paper has two aims: historical and dogmatic. Historical, by studying two actual halakhic traditions in which divorce was issued at the wife’s demand, with an analysis of the interaction between them: the Palestinian divorce clause, according to Cairo Genizah ketubbot (marriage documents), and the Geonic compulsion of a get (a writ of divorce) in the case of the rebellious wife ( moredet ). Dogmatic, by examining the status of three halakhic concepts of the unilateral termination of marriage derived from the above traditions: coercion of a get , terminative condition and annulment of marriage. Historically, the paper rejects some suggested links between these traditions. Nevertheless, a fascinating interaction between them is revealed at a different level. Later in time some halakhic writers connected the two traditions. This link, although historically doubtful, strengthens the dogmatic weight of these traditions and reflects the nature of the halakhah as an interpretive legal system.

Analysis on Option Value of Supplier Involvement in Collaborative Development

The purpose of this study was to recognize and analysis the option value of supplier’s involvement in the collabotative project. Using real option theory, this paper began by distinguishing two forms of exit mechnisms for a collaborative project between enterprises in supply chain, and then analysised the anticipated project value of every participation by different exit mechanism. Research conclusion shown, the option behaviour of common termination is endogenetic in project, and every participant will get benifit through making the parterners’ agreement consistency, which emphasis the collaboration nature of partnership. Unilateral termination of collaborative project is an non-cooperative behaviour which will incur loss of parterner’s benefit and reduce the project’s overall value.

Client and therapist views of contextual factors related to termination from psychotherapy: A comparison between unilateral and mutual terminators

Contextual variables potentially influencing premature termination were examined. Clients (n=83) and therapists (n=35) provided parallel data on early working alliance, psychotherapy termination decision (unilateral vs. mutual), clients' reasons for termination, and barriers to treatment participation. When clients unilaterally ended therapy, therapists were only partially aware of either the extent of clients' perceived improvements or their dissatisfaction. When termination was mutually determined, there were no differences between client and therapist ratings of termination reasons. Although working alliance and barriers to treatment participation were rated as lower in the context of unilateral termination by clients and therapists, all clients rated the early alliance and barriers to treatment more highly than did therapists. Results have implications for understanding premature termination and suggest future research examining the utility of therapist feedback regarding contextual variables in terms of retaining clients in therapy.

Corporate tax implications of Denmark's unilateral termination of its tax treaties with France and Spain

Denmark terminated its tax treaties with France and Spain effective 1 January 2009. This means, among other things, that each country will tax the income in question according to its domestic tax rules, which could result in a higher effective tax rate or double taxation in some cases. This article examines the corporate tax consequences of the terminations for Danish companies with activities in or payments from France or Spain and for French and Spanish companies with activities in or payments from Denmark.

Unilateral Termination of Life-Sustaining Treatment in Neonatal Care: A Legal Overview

Physicians regularly use medical technology to prolong and improve the quality of their patients' lives. There often comes a point, however, when treating the illness no longer affords the patient any benefit, and aggressive measures are needed merely to sustain life. At this point physicians routinely shift the goal of care toward comfort and closure [1].