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The Jucar Basin faces the challenge of meeting an enormous demand for irrigation while water quality degrades from urban, industrial, and agricultural pollution. Relying on engineering solutions is not enough. Empirical evidence in Jucar indicates that water markets and institutional policies seem to deal with water scarcity more successfully than water pricing and irrigation subsidies. A first water governance priority is to convince farmers of substituting freshwater for the available urban recycled water. Second, seawater desalination plants must be upgraded so they will work at full capacity. More long-term governance goals are to curtail surface irrigation diversions and groundwater extractions, and reallocating water to urban, industrial, and environmental uses. These reforms will only work if they get the support and cooperation of farmers by compensating them for the reallocation of water from agriculture to other sectors.
The Colorado is a river in transition – a newly “closed” basin where demands have exhausted reliable supplies. Decades of often short-sighted management decisions have contributed to the crisis environment that currently surrounds the Colorado River. Over the past fifteen years, however, stakeholders and managers have enacted significant changes to the rules and regulations governing the Colorado, and additional reforms remain close to enactment. Unlike the deal-making that characterized negotiations in the twentieth century, recent efforts focus primarily on strategies to promote coordinated management, reduce consumption, and restore a more holistic watershed perspective to a river that was legally apportioned long ago among a highly complex amalgam of jurisdictions and water users. In many respects, the river management system is a successful example of adaptation to changing social and hydrological conditions. Yet, it remains an open question whether the pace and scale of reform is sufficient to deal with the basin’s future.
This chapter reviews the role of irrigation districts, city water utilities, and environmental groups in basin management. Examples from two river basins – Rio Grande and Euphrates–Tigris – illustrate vast differences in stakeholder participation. The authors recommend that all SERIDAS rivers pay increased attention to this option for better management. The four options for creating sub-basin water councils recommended for the Rio Grande provide useful guidance. Other models, reflecting different basin conditions, may emerge. Whatever model is selected, stakeholders should always organize to address the water agenda of their sub-basin. Doing so directly contributes to reaching and maintaining sustainability of the river as a whole.
The Rio Grande marks the border between the United States and Mexico, which makes its management particularly complex. A century of engineering and binational governance has shaped the region; today there are multiple reservoirs, diversion channels, and irrigation canals. International and national river managers consider challenges from reservoir sedimentation, population growth, and land use change. Climate change, on the other hand, is barely addressed. Managers must plan for a Rio Grande that by mid-century will have lost 40–50 percent of current water levels. Urban population will have doubled. Irrigated agriculture and cities will continue to use the bulk of available water. The most promising response to meet human and ecological water needs with reduced dependable yield is conservation. To address water scarcity, IBWC/CILA should develop a sustainability plan that balances reduced dependable yield with human and ecological needs. Progress should be reviewed and necessary changes to water allocations be negotiated at 5-year intervals. Irrigation districts, municipal utilities, and environmental stakeholders should work with IBWC/CILA to develop drought management for their sub-basins.
The stockholder/stakeholder dilemma has occupied corporate leaders and corporate lawyers for over a century. In addition to the question of whose interests should managers prioritize in discharging their fiduciary duties, the question of how those interests could or should be balanced has proven equally difficult. To address the latter challenge, this paper advances a doctrinal innovation that is both new and time-honored—to implement a duty of impartiality with regard to directors’ discretion over stakeholder interests. A sub-component of trustees’ duty of loyalty, the duty of impartiality regulates settings in which several beneficiaries have conflicting interests without dictating substantive outcomes, especially not equal treatment. This paper proposes an analogous process-oriented impartiality duty for directors to consider the interests of relevant stakeholders. Stakeholder impartiality is a lean duty whose main advantage lies in its being workable. It can be implemented in legal systems that have different positions on the objectives of the corporation, from Canada’s and India’s open-ended stakeholderist approaches to Delaware’s staunch shareholderism.
Business history and theory reflect a tension between public and private conceptions of the corporation. This is embodied in the famous Berle-Dodd debate, which provides the basis for contemporary clashes between “different visions of corporatism,” such as the conflict between shareholder primacy and stakeholder-centered versions of the corporation. This chapter examines a number of recent developments suggesting that the pendulum, which swung so clearly in favour of a private conception of the corporation from the 1980s onwards, is in the process of changing direction. The chapter provides two central insights. The first is that there is not one problem, but multiple problems in corporate law, and that different problems may come to the forefront at different times. The second insight is that corporate governance techniques (such as performance-based pay), which are designed to ameliorate one problem in corporate law, such as corporate performance, can at the same time exacerbate other problems involving the social impact of corporations.
To prioritise and refine a set of evidence-informed statements into advice messages to promote vegetable liking in early childhood, and to determine applicability for dissemination of advice to relevant audiences.
A nominal group technique (NGT) workshop and a Delphi survey were conducted to prioritise and achieve consensus (≥70% agreement) on 30 evidence-informed maternal (perinatal and lactation stage), infant (complementary feeding stage) and early years (family diet stage) vegetable-related advice messages. Messages were validated via triangulation analysis against the strength of evidence from an Umbrella review of strategies to increase children’s vegetable liking, and gaps in advice from a Desktop review of vegetable feeding advice.
A purposeful sample of key stakeholders (NGT workshop, n=8 experts; Delphi survey, n=23 end-users).
Participant consensus identified the most highly ranked priority messages associated with the strategies of: ‘in-utero exposure’ (perinatal and lactation, n=56 points); and ‘vegetable variety’ (complementary feeding, n=97 points; family diet, n=139 points). Triangulation revealed two strategies (‘repeated exposure’ and ‘variety’) and their associated advice messages suitable for policy and practice, 12 for research and four for food industry.
Supported by national and state feeding guideline documents and resources, the advice messages relating to ‘repeated exposure’ and ‘variety’ to increase vegetable liking can be communicated to families and caregivers by healthcare practitioners. The food industry provides a vehicle for advice promotion and product development. Further research, where stronger evidence is needed, could further inform strategies for policy and practice, and food industry application.
The mythology of the Market is strongly evident, indicated by the corporate camouflage of existential desire by the wide range of constructed desires. This mythology has materialised in the personalisation of the idea of the corporation. Its functioning is revealed by the commodification of individuals within models of regulatory capitalism and by the structural embedding of debt as credit. These trends have been promoted by the digitisation of corporate function, by algorithmic profiling of individuals as consumers and by the exploitation of Big Data. This has morphed into surveillance capitalism. The non-mythological way forward would start with focusing on all shareholders, including all citizens on whom the corporation impacts. This is the reimagining of corporations on purpose-based, fiduciary principles. This in turn would require the redrafting of competition and consumer protection law, as well as shifting the control of personal data to the individual. It would also require changes to employee relations strategies.
This chapter introduces the relationship between law and governance. Laws and legal institutions are important in structures for governance, where governance is seen as the sum of the many ways that individuals and institutions, public and private, manage their common affairs. The description of the concept of governance used is thus not equal to governance through government, but instead reflects a system where legal institutions are seen as one part of a structural nest with multiple mechanisms, measures, and actions. International law is also increasingly characterized by a general demand for openness, transparency, fairness, and mechanisms for accountability, all part of such governance systems. Environmental governance theories propose strategies, structures, institutions, and actions that respond to different aspects of complexity and uncertainty in the environment. In this way, the theories on resilience in social-ecological systems offer a transdisciplinary perspective on effective environmental governance, where law should have a prominent role.
This chapter explains that a central feature of private equity governance mechanisms is a system designed to improve decision-making. Through an explanation of the typical structures seen in practice, it considers the main ways in which better decision-making is facilitated. These structures – most importantly, the board of directors of the company – differ according to the size, type and stage of development of the company, as well as the skills and expertise of the relevant stakeholders. This chapter also looks at the ways in which private equity firms seek to protect their own interests, as distinct from those of the underlying company. That question is examined from a number of perspectives, including the need for a private equity investor to sell the company within a defined time frame, and its need to protect its own reputation with a wide variety of stakeholders. Building on this analysis, and connecting in particular with the various objectives of private equity firms, this chapter considers how, if at all, private equity firms design governance mechanisms with a view to protecting external stakeholders.
This chapter examines more recent attempts to get UK companies to focus on corporate governance, including the Walker Guidelines, the AIFMD, the new Section 172 statement and the Wates Code (and related disclosure requirements). It includes an evaluation of the extent to which, and the ways in which, private equity governance systems might have to change to accommodate these new norms.
The recognition of the profound impact of corporations on the economies and societies of all countries of the world has focused attention on the growing importance of corporate governance. There is an ongoing diversity of corporate governance systems, based on historical cultural and institutional differences that involve different approaches to the values and objectives of business activity. Sound corporate governance is universally recognised as essential to market integrity and efficiency, providing a vital underpinning for financial stability and economic growth. As the adequacy of the existing dominant paradigms of corporate governance are increasingly challenged, the search for coherent new paradigms is a vital task for corporate governance in the future.
Little empirical research has explored whether or not firm strategy is linked with corporate social responsibility (CSR) and to that end we explore the impact of low-cost and differentiation strategies on CSR. Using a sample of 229 Italian firms, a low-cost strategy is negatively associated with ethical and discretionary CSR, while a differentiation strategy is positively associated with both. Given its focus on nonfinancial outcomes and stakeholders, we test if a performance management system (PM system) acts as a moderating influence. We find that a PM system positively moderates the negative association between a low-cost strategy and ethical and discretionary CSR, while also positively moderating these relationships with respect to a differentiation strategy. These findings advance the literature on strategy and CSR, while demonstrating the contingent effect of PM systems. The findings are discussed along with limitations and directions for future research.
Directors’ duties can be classified into two themes: duties in relation to care and skill, and duties in relation to loyalty and good faith. Chapter 10 provided an overview of the duties as a whole, and Chapter 11 provided the history and current law in relation to the duties of care and skill. This chapter is the first of two chapters addressing the duties of loyalty and good faith. These duties fall into two categories: those concerned with the way in which directors exercise the powers and discretions vested in them, and those concerned with the standard of conduct expected from directors.
Chapter 2 describes the route leading to blended language learning (BLL) in higher education. The chapter allows readers to understand rationales for designing and redesigning language courses or programs based on key experiences from European and North American institutions. It also identifies the role of stakeholders in the decision-making process that leads to the adoption of the blended format of courses or programs at higher education institutions.
Standard mitigation treatment for adverse effects to significant cultural resources has historically been a combination of data recovery excavation along with artifact analysis, reporting, and curation, whose purpose is to move the undertaking forward. Over the past several decades, there has been increased interest and understanding of alternative, or creative, mitigation options in these situations, which may, in the end, be the best option for the resource and more meaningful to both project stakeholders and the public. This article, the first in this special issue on creative mitigation, introduces the regulatory and conceptual framework for creative mitigation and weaves themes introduced in subsequent articles in this issue.
UK clinical guidelines recommend treatment of attention-deficit hyperactivity disorder (ADHD) in adults by suitably qualified clinical teams. However, young people with ADHD attempting the transition from children's to adults’ services experience considerable difficulties in accessing care.
To map the mental health services in the UK for adults who have ADHD and compare the reports of key stakeholders (people with ADHD and their carers, health workers, service commissioners).
A survey about the existence and extent of service provision for adults with ADHD was distributed online and via national organisations (e.g. Royal College of Psychiatrists, the ADHD Foundation). Freedom of information requests were sent to commissioners. Descriptive analysis was used to compare reports from the different stakeholders.
A total of 294 unique services were identified by 2686 respondents. Of these, 44 (15%) were dedicated adult ADHD services and 99 (34%) were generic adult mental health services. Only 12 dedicated services (27%) provided the full range of treatments recommended by the National Institute for Health and Care Excellence. Only half of the dedicated services (55%) and a minority of other services (7%) were reported by all stakeholder groups (P < 0.001, Fisher's exact test).
There is geographical variation in the provision of NHS services for adults with ADHD across the UK, as well as limited availability of treatments in the available services. Differences between stakeholder reports raise questions about equitable access. With increasing numbers of young people with ADHD graduating from children's services, developing evidence-based accessible models of care for adults with ADHD remains an urgent policy and commissioning priority.
As international courts come to play an ever more significant role in global governance, their traditional source of legitimacy embedded in state consent seems no longer sufficient, and additional grounds are needed to sustain their claims for legitimacy. Focusing on the World Trade Organization dispute settlement system (WTO DSS), this chapter recounts the attempts of the adjudicators in a key site of global judicial governance to draw on public reason as one possible way to address their pressing legitimacy gap by ensuring that their own decisions, as well as the states’ decisions they are called upon to review, are the result of reasons and forms of reasoning that can be reasonably understood and accepted to all the subjects affected. In unfolding the WTO DSS’s effort to “go public,” the chapter aims to illustrate the different forms in which the idea of public reason can be said to apply to international courts, as well as to develop a better understanding of the promise and limitations embedded in the concept of public reason as a means for international courts to enhance their legitimacy given their unique features and the pluralistic global setting in which they operate.
A consistent challenge in community and collaborative archaeologies has been the appropriate identification and understanding of project constituencies. A key step in stakeholder analysis is understanding and harmonizing the goals of archaeological work to the social role of the institutions for which we work. To illustrate the value of such a stance, we examine on-campus archaeology programs at colleges and universities, arguing that treating students as vital stakeholders is an important ethical obligation for both researchers and administrators. Including students as stakeholders in campus archaeology provides pedagogical benefits and a meaningful way to instill an appreciation of archaeology in an important constituency of potential voters and future decision-makers. We present a case study from Santa Clara University (SCU), reporting results of an online survey of undergraduates that was intended to gauge community interests in campus archaeology and heritage. We also detail activities undertaken by SCU's Community Heritage Lab in response to survey findings in order to raise the profile of the archaeological and other heritage resources on our campus.