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Questions of Trust

Neil MacCormick

in Practical Reason in Law and Morality

This chapter considers the place of mutual trust in human engagements, both in relation to honesty and truthfulness in communication and in relation to good faith in contracts, promises, and the like.

Freedom of Speech and The Contract of Employment: The Concept of the Public Interest

Lucy Vickers

in Freedom of Speech and Employment

This chapter considers the contract of employment and the various duties owed by employees that may restrict the right to freedom of speech to be enjoyed by those who work. The main contractual ... More

This chapter considers the contract of employment and the various duties owed by employees that may restrict the right to freedom of speech to be enjoyed by those who work. The main contractual duties which will have an impact on freedom of speech for employees are the duty of mutual trust and confidence; of co-operation and fidelity; and duties in relation to confidential information. These duties may be contained in express terms of the employment contract, or may be implied into the contract by the common law. Whether express or implied, they will be subject to an exception where the speech serves the public interest. This means that the question of whether the public interest is served by speech is of pivotal importance in assessing the contractual duties of the employee.Less

The Content and Performance of Contracts of Employment

Mark R. Freedland and Nicola Kountouris

in The Legal Construction of Personal Work Relations

This chapter analyses the doctrines and regulatory techniques which have evolved to ascertain the content of contracts of employment in relation to their performance. It begins by identifying the way ... More

This chapter analyses the doctrines and regulatory techniques which have evolved to ascertain the content of contracts of employment in relation to their performance. It begins by identifying the way in which a whole body of doctrine has evolved with regard to the ‘implied terms’ of contracts of employment. It continues by discussing some specific areas in which the law of contracts of employment interprets, and assigns effects or outcomes to, the eventualities which present themselves or the steps which the parties take in the course or conduct of personal work relations; the areas or locations in question are those of performance of contracts and the regulation of the wage-work bargain, variation of contracts or of their terms, and suspension of contracts.Less

Executive Relationships in a ‘Normalized’ EU Commission

Anchrit Wille

in The Normalization of the European Commission: Politics and Bureaucracy in the EU Executive

What model is an adequate approximation of the executive relationship in today’s Commission? This chapter aims to arrive at a systematic assessment of the normalization of the political–bureaucratic ... More

What model is an adequate approximation of the executive relationship in today’s Commission? This chapter aims to arrive at a systematic assessment of the normalization of the political–bureaucratic relationship among the triads working at the Commission’s apex. Despite a clearer differentiation of the respective roles—linked to the normalization of the EU Commission— commissioners, their heads of cabinet, and their top officials stress the pre-eminence of interdependency, complementarity and teamwork. Their view of the political–bureaucratic relationship is one of a pragmatic-professional transaction. Both sides have the space to be strong, provided that there is mutual trust and respect, which are crucial in an environment where accountability pressures on both politicians and bureaucrats have increased.Less

Trust between Adversaries and Allies: President George H. W. Bush, Trust, and the End of the Cold War

J. Simon Rofe

in Trust, but Verify: The Politics of Uncertainty and the Transformation of the Cold War Order, 1969-1991

This chapter investigates the central role of trust-building for the George H. W. Bush administration and its crucial significance in navigating the political transformations of 1990–91. Portraying ... More

This chapter investigates the central role of trust-building for the George H. W. Bush administration and its crucial significance in navigating the political transformations of 1990–91. Portraying Bush's foreign policy as driven by an effort to establish trust among adversaries to minimize risk and maintain order, this chapter shows how Bush and his key advisers, Secretary of State James A. Baker III and National Security Advisor Brent Scowcroft, crafted a strategy of personal diplomacy and caution. Analyzing in particular the demise of the Soviet Union in late 1991 as well as the 1990–91 Kuwait crisis, the chapter highlights the Bush administration's prioritization of reliability, steadfastness, and personal relationships in fostering a culture of mutual trust as key assets for U.S. foreign policy before.Less

A Deliberative Approach to the Tibet Autonomy Issue

Baogang He

in Governing Taiwan and Tibet: Democratic Approaches

Chapter 10 reviews and compares three deliberative approaches to conflict, and applies the deliberative approach to the Tibet autonomy issue. It examines the case of a deliberative workshop, ... More

Chapter 10 reviews and compares three deliberative approaches to conflict, and applies the deliberative approach to the Tibet autonomy issue. It examines the case of a deliberative workshop, including its achievements and limitations. This chapter demonstrates that this deliberative dialogue has improved knowledge and mutual understanding, enhanced mutual trust and deliberative capacities, and produced moderating effects.Less

Implied Terms in the Contract of Employment

Hugh Collins

in The Contract of Employment

Having established a binary classification of implied terms, the chapter argues that terms implied in fact into contracts of employment typically are needed to prevent reliance upon a possible ... More

Having established a binary classification of implied terms, the chapter argues that terms implied in fact into contracts of employment typically are needed to prevent reliance upon a possible construction of the express terms that would permit unfair treatment, exploitation, or what might be described as a bad faith interpretation of the contract; and that terms implied by law into contracts of employment provide standard incidents of the contract that will be selected primarily on the basis of efficiency and a fair balance of obligations. The chapter considers whether the structural legal principles found in terms implied in law, such as the employee’s duty of obedience and the reciprocal duty of mutual trust and confidence or good faith, can in practice or theory be excluded by the express terms of the contract of employment.Less

A Normative Framework for Promoting Compliance

Irit Mevorach

in The Future of Cross-Border Insolvency: Overcoming Biases and Closing Gaps

This chapter completes the proposed normative framework for cross-border insolvency. It considers the problem of compliance with a cross-border insolvency system by countries and implementing ... More

This chapter completes the proposed normative framework for cross-border insolvency. It considers the problem of compliance with a cross-border insolvency system by countries and implementing institutions. The previous chapters have shown how the choice and use of certain international legal sources, such as customary international law (CIL), can strengthen the system, close gaps, and address biases that may otherwise impede the choices of optimal solutions. Yet, notwithstanding the pervasiveness and behavioural force of CIL, the observance of the norms is not guaranteed. Written instruments, even if precise and comprehensive, and designed effectively, do not assure compliance either. Even where so-called soft law is in fact hard in important ways, countries might still underperform. This chapter suggests how compliance can be induced, and discusses which measures can be more, or less effective in that regard, including in view of decision-making constraints.Less

A Silk Road for Professional Qualifications?: EU Models of Integration and their Potential in Sino–EU Relations

Ton van den Brink and Sybe A. de Vries

in China and Europe on the New Silk Road: Connecting Universities Across Eurasia

The tension between the public interest to regulate professions, and the economic rationales to open up markets has long since been an issue within the EU. This chapter explores how these competing ... More

The tension between the public interest to regulate professions, and the economic rationales to open up markets has long since been an issue within the EU. This chapter explores how these competing interests have shaped the EU’s legal frameworks for the recognition of professional qualifications. We will see that a range of regulatory strategies have been applied to design such frameworks. The next element of the analysis is based on the assumption that we may be able to draw lessons from the EU’s internal regulatory strategies to deal with national differences in regulating professions. Thus, the chapter will examine to what extent, and under which circumstances, such regulatory strategies may offer viable perspectives for Sino–EU relations; a crucially important question considering the implications of the New Silk Road for higher education on the trade of goods and services between China and Europe.Less

Conclusions

Bettina Westle and Paolo Segatti

in European Identity in the Context of National Identity: Questions of Identity in Sixteen European Countries in the Wake of the Financial Crisis

At present, European identity is unlikely to be a source of political integration and political legitimacy such as national identities have been in past and are today. Europeans primarily feel as ... More

At present, European identity is unlikely to be a source of political integration and political legitimacy such as national identities have been in past and are today. Europeans primarily feel as nationals, not as a European peoplehood. Mutual trust between European peoples exists, but is somewhat fragile. Yet, European identity is intertwined with the national identities in manifold ways. Thus, the imagined communities on national and on European level show individually strong similarities—criteria for being a European are deduced from the criteria one believes to make somebody belonging to one’s nation. All these complex links seem to manifest themselves also in citizens’ feelings of interdependence between the nations in the European Union—which at least helps coping with crises.Less