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1.
International Transactions in Operational Research ; 2023.
Article in English | Web of Science | ID: covidwho-20244979

ABSTRACT

This paper investigates a government's subsidy strategy for motivating a manufacturer to set up a flexible production line for emergency supplies. Four subsidy strategies are proposed to ensure a desired service level in case of an emergency: zero subsidy, a fixed subsidy, a marginal subsidy, and a hybrid subsidy. We develop a game theoretical model to examine how the government can induce a manufacturer to set up a flexible production line that can respond promptly to an emergency, based on the manufacturer's cost structure (fixed and marginal costs). We find that when the marginal profit of an emergency product is higher than that of the manufacturer's regular product, a fixed (marginal) subsidy is the dominant strategy if the manufacturer's fixed (marginal) cost is high, while a hybrid subsidy strategy is dominant if both costs are high. When the marginal profit of an emergency product is lower than that of the manufacturer's regular product, neither a fixed subsidy nor a zero subsidy will be the dominant strategy. We also find that a marginal subsidy can ensure the effectiveness of the strategy, while a fixed subsidy helps improve strategy efficiency. We use government subsidy strategies implemented for Chinese COVID-19 emergency supplies as examples to demonstrate the effectiveness and efficiency of the subsidy strategies under the proposed framework. We also extend the discussion by considering the manufacturer's social consciousness.

2.
International Journal of Hospitality Management ; 95:1-11, 2021.
Article in English | APA PsycInfo | ID: covidwho-20244845

ABSTRACT

Implicit psychological contract (PC) represents the dynamic employee-employer relationship, and unlike explicit human resource (HR) practices, PC is an underexplored topic in the crisis management literature. By capturing the dual perspective of hotel employers and employees through interviews, this study investigates the content of PCs and breaches of PCs during the COVID-19 pandemic crisis. The study identifies salient dimensions of employer obligations such as safety assurance and of employee obligations such as personal protection. While employees emphasized the transactional contracts to protect their individual interests, the employers tried to balance the transactional and relational contracts. The study proposes a dynamic PC breach model that indicates contract breaches lead to varied responses through a complex interpretation process. In general, the study suggests that ensuring mutual consideration is the best way for hotel employees and employers to pull through a crisis. (PsycInfo Database Record (c) 2023 APA, all rights reserved)

3.
Novos Estudos Juridicos ; 27(3):552-574, 2022.
Article in Portuguese | Scopus | ID: covidwho-20242440

ABSTRACT

Contextualization: The Modern Social Contract during and after the Covid-19 Pandemic is still the political and legal framework for understanding the historical-civilizational importance of the constitutional phenomenon, that is, of Constitutionalism and the linearity of its transformations, which are characterized in the present study, through the transition from the democratic State-Constitutionalism to the State-Constitutionalism of the exception, especially between the period related to the years 2020 and the beginning of the year 2022. Objectives: Discuss, based on Paolo Prodi's thinking, about the Modern Social Oath-Contract during and after the Pandemic;to analyze the conception of Constitutionalism as a historical phenomenon of power limitation;to carry out an approach to the permanent State of Exception, terminology used by philosopher Carl Schmitt, adopting as an observation parameter, which will take into account the trajectory of Democratic Constitutionalism to the Constitutionalism of Exception, the political and legal framework intended to face the effects of the Pandemic caused by the pandemic SARS-CoV-2 virus. Methodology: A phenomenological-hermeneutic approach methodology, historical and monographic procedure methods will be used, together with the technique of indirect documentation research. Result: A first conclusion, which comes from this work, carried out in the form of questioning, is the following: what remains of the Modern Social Contract in the face of the Decrees edited during the Pandemic?. © 2022, UNIVALI. All rights reserved.

4.
Oxford Review of Economic Policy ; 39(2):367-378, 2023.
Article in English | Scopus | ID: covidwho-20239663

ABSTRACT

This paper argues that the Covid recession, and aggressive monetary tightening in the US accompanying the post-Covid recovery, are likely to cause a sovereign debt overhang in emerging market economies—i.e. debt which is unlikely to be fully repaid. A sovereign debt reconstruction mechanism (SDRM) seems necessary to avoid widespread disorderly debt write-downs. We discuss a range of procedures that are available, building upon Anne Krueger's proposal for an SDRM in 2002 (Krueger, 2002a,b). At that time Krugman (1988) had already argued that any SDRM should incentivize debtors so that they put in effort to clear their debts (a Krugman contract). Menzies (2004) went further than this to show that these effects should be further sharpened, creating what he called ‘hyper-incentive effects' (a Menzies contract). The International Monetary Fund has argued that risk-sharing between debtors and creditors will also be important (IMF, 2020). But we show that risk-sharing will—in general—pull in the opposite direction to incentive effects, and we doubt the extent to which the IMF has recognized this trade-off. Finally, we argue that collective action clauses (CACs) increase the probability of achieving any agreement, whatever it might be. They will help avoid the alternative of disorderly debt write-downs, outcomes which will deliver neither incentive effects nor risk-sharing. © The Author(s) 2023. Published by Oxford University Press.

5.
The International Journal of Human Resource Management ; : No Pagination Specified, 2023.
Article in English | APA PsycInfo | ID: covidwho-20238862

ABSTRACT

Although the literature on psychological contracts is rich, researchers have so far paid limited attention to psychological contracts in times of crisis. To investigate how employees assess their psychological contracts during a crisis, we conducted 32 semistructured interviews during the third wave of the COVID-19 pandemic in Europe. The interviewees worked in the airline industry, which the pandemic severely affected. Our qualitative approach allowed us to gain novel insights into the mechanisms by which contracts are managed when the typical parameters of contract assessment are not possible, thereby allowing us to expand psychological contract theory. In addition to illustrating the key employer obligations that employees perceived during a crisis, we introduce two novel theoretical concepts -psychological contract credit and psychological contract inactivation - that explain how employees managed their contracts during the crisis. The practical findings of this study are of relevance to HR managers in managing future crises and addressing the aftermath of the COVID-19 pandemic. (PsycInfo Database Record (c) 2023 APA, all rights reserved)

6.
Global Environmental Change ; 82:102707, 2023.
Article in English | ScienceDirect | ID: covidwho-20236502

ABSTRACT

Small and medium-sized enterprises (SMEs) are key actors in climate change mitigation and adaptation. Their aggregate emissions are significant, and they are disproportionately affected by climate impacts, including extreme weather events. SMEs also play a vital role in shaping the environmental behaviours of individuals, communities, and other businesses. However, these organisations have been largely neglected by climate policies across all levels of government. A series of global crises, including the COVID-19 pandemic, war in Europe and the Middle East, and energy price spikes, have posed an existential threat to millions of SMEs, while also acting as a catalyst for the reconfiguration of the social contract between business, society and the state, both temporary and more long-term. In this article, we make the case for increased focus on the governance of SME decarbonisation to address this turbulent context. We outline key challenges facing public policymakers and other governance actors, compare strategic options, identify evidence gaps that hinder effective interventions, and highlight implications for research. In doing so we set out key elements of a renewed social contract for business, society and state relations.

7.
Legal Studies ; : 1-19, 2023.
Article in English | Web of Science | ID: covidwho-20231093

ABSTRACT

This paper sets out the true ambit of section 126 of the Consumer Credit Act 1974, noting that it requires virtually all residential mortgage agreements to be enforced by court order. Despite this, numerous commentaries on the English law of mortgage omit reference to section 126. The implications of our findings are profound. Not least, many accounts of the law of mortgage will require substantial revision, including recognition of the fact that cases such as Ropaigealach v Barclays Bank plc and Horsham Properties Group Ltd v Clark were reversed as long ago as 2008. More significant is the need to ensure that accurate knowledge of section 126 is conveyed to those who advise mortgagors at risk of possession. This is particularly the case given the 'cost of living crisis' and the backlog of possession claims arising out of the Covid-19 pandemic. Any mortgagees tempted to expedite recovery of mortgaged property by enforcing the mortgage extra-judicially should be directed to section 126 and the requirement it imposes to obtain a court order.

8.
Journal of Development Studies ; 2023.
Article in English | Scopus | ID: covidwho-2322917

ABSTRACT

The COVID-19 pandemic saw two sets of policy responses: lockdown to limit spread of the virus, which was a huge demand and supply shock, and government support to firms and individuals to offset the effects of this policy-induced shock. This paper explores the allocation and effectiveness of government support to firms in Egypt. We consider both financial support measures which were by and large already being implemented pre-COVID, as well as tax- and loan-related exemptions and deferments. After controlling for the endogeneity of government support, our main findings show that the latter has helped mitigate the effects of COVID-19, with a significantly larger, favorable impact on smaller, younger and private firms. There is no equity-effectiveness trade-off. However, although these firms apparently make better use of government support, they receive a disproportionately smaller share of it. In line with the emerging ‘unsocial' social contract, government support has been chiefly determined by political connections and a captured industrial policy. This ‘misallocation' reinforces the ‘missing middle' phenomenon which acts as a constraint as SMEs are unable to grow. Nevertheless, the crisis has presented a chance for the pattern of support to slowly shift towards the more vulnerable through the more frequent use of ‘exemptions and deferments'. © 2023 German Institute of Development and Sustainability.

9.
Endocrinologia, Diabetes y Nutricion ; 70(Supplement 2):9-17, 2023.
Article in English, Spanish | EMBASE | ID: covidwho-2322667

ABSTRACT

Introduction: The medical specialisation model in Spain is carried out in the context of specialised health training, through the residency programme. The aim of the study is to analyse, by an anonymous survey, the opinion on three aspects among final-year residents in Endocrinology and Nutrition (E&N): self-assessment of the knowledge acquired, working prospects, care and training consequences arising from the pandemic COVID-19. Material(s) and Method(s): Cross-sectional observational study using a voluntary and anonymous online survey, shared among final-year national interns in the last year of the E&N programme, carried out between June-July 2021. Result(s): 51 responses were obtained, 66% of the fourth-year residents. Overall perception of their knowledge was 7.8 out of 10. Most external rotations were in thyroid and nutrition areas. A total of 96.1% residents, carried out some activity associated with COVID-19, with a training deterioration of 6.9 out of 10. 88.2% cancelled their rotations and 74.5% extended their working schedule. The average negative emotional impact was 7.3 out of 10. 80.4% would like to continue in their training hospital, remaining 45.1%. 56.7% have an employment contract of less than 6 months, most of them practising Endocrinology. Conclusion(s): The perception of the knowledge acquired during the training period is a "B". Residents consider that the pandemic has led to a worsening of their training, generating a negative emotional impact. Employment outlook after completing the residency can be summarised as: temporality, practice of Endocrinology and interhospital mobility.Copyright © 2022 SEEN y SED

10.
Production and Operations Management ; 32(5):1550-1566, 2023.
Article in English | ProQuest Central | ID: covidwho-2319641

ABSTRACT

Our study analyzes capacity management for promising vaccine candidates before regulatory approval (i.e., at‐risk capacity building) in the presence of production outsourcing and different operational challenges: misaligned interests, possible ex post negotiations, asymmetric information between developers and manufacturers, and government involvement. We develop analytical models to compare two vaccine production modes: (1) the integrated mode (a single company determines the at‐risk capacity and produces in‐house) and (2) the outsourcing mode (a manufacturer determines the at‐risk capacity and a developer determines a funding level to share the capacity‐building cost). Our study reveals that outsourcing can achieve a higher at‐risk capacity only if it can achieve sufficient cost savings compared to the integrated mode. Our research also proves that both vaccine production modes tend to underinvest in the at‐risk capacity. Following this, we suggest measures to improve the at‐risk capacity building in both vaccine production modes. Our signaling game model reveals that a developer with high competence cannot always send credible signals of its true competence level to the manufacturer. Our incomplete contract model verifies that the relative performance of the two vaccine production modes is robust when ex post negotiation occurs under the outsourcing mode;however, the two parties may show incompatible preferences for the ex post negotiation. Our study also analyzes the optimal allocation of government financial support to development funding and capacity funding to incentivize at‐risk capacity building. We present comprehensive guidelines for the different stakeholders to collectively contribute to ramping up the at‐risk capacity of promising vaccines.

11.
Sustainability ; 15(9):7572, 2023.
Article in English | ProQuest Central | ID: covidwho-2316534

ABSTRACT

This article constructed a four-level fresh agricultural product (FAP) supply chain with a two-stage pricing strategy under a "community group purchase (CGP) platform + direct procurement from the FAP supplier” sales model. We investigate the influence of the CGP agency's participation in the control strategy of FAP freshness preservation efforts on the profits of supply chain stakeholders. This article discusses the effects of the FAP supplier profit-sharing ratio, the CGP agency profit-sharing ratio, and consumers' sensitivity to FAP freshness on the supply chain stakeholders' freshness preservation efforts. Moreover, based on the fairness preference theory, this article designed a profit-sharing contract that involves the Nash bargaining game between the FAP supplier and the CGP agency as the supply chain coordination mechanism. Modeling results revealed that: (1) The CGP agency's freshness preservation efforts increased total supply chain profits. (2) The FAP supplier profit-sharing ratio, CGP agency profit-sharing ratio, and consumers' sensitivity to FAP freshness have a positive correlation to the profits of the FAP supply chain and promote the coordination of the supply chain. (3) Considering fairness preferences, with the increase in FAP suppliers' business negotiating ability, their freshness preservation efforts and fairness utility both increased gradually, while the fairness utility of the CGP agency gradually decreased.

12.
Climate and Development ; 14(9 p.829-833):829-833, 2022.
Article in English | ProQuest Central | ID: covidwho-2314869

ABSTRACT

The science-society contract is broken. The climate is changing. Science demonstrates why this is occurring, that it is getting worse, the implications for human well-being and social-ecological systems, and substantiates action. Governments agree that the science is settled. The tragedy of climate change science is that at the same time as compelling evidence is gathered, fresh warnings issued, and novel methodologies developed, indicators of adverse global change rise year upon year. Meanwhile, global responses to Covid-19 have shown that even emergent scientific knowledge can bolster radical government action. We explore three options for the climate change science community. We find that two options are untenable and one is unpalatable. Given the urgency and criticality of climate change, we argue the time has come for scientists to agree to a moratorium on climate change research as a means to first expose, then renegotiate, the broken science-society contract.

13.
Econ Ind Democr ; 44(2): 385-409, 2023 May.
Article in English | MEDLINE | ID: covidwho-2319286

ABSTRACT

Political scientists and sociologists have highlighted insecure work as a societal ill underlying individuals' lack of social solidarity (i.e., concern about the welfare of disadvantaged others) and political disruption. In order to provide the psychological underpinnings connecting perceptions of job insecurity with societally-relevant attitudes and behaviors, in this article the authors introduce the idea of perceived national job insecurity. Perceived national job insecurity reflects a person's perception that job insecurity is more or less prevalent in their society (i.e., country). Across three countries (US, UK, Belgium), the study finds that higher perceptions of the prevalence of job insecurity in one's country is associated with greater perceptions of government psychological contract breach and poorer perceptions of the government's handling of the COVID-19 crisis, but at the same time is associated with greater social solidarity and compliance with COVID-19 social regulations. These findings are independent of individuals' perceptions of threats to their own jobs.

14.
Theoria ; 69(173):64-85, 2022.
Article in English | Web of Science | ID: covidwho-2308915

ABSTRACT

Over the COVID-19 period, much attention has been paid to the governance relationship between citizens and the state. In this arti-cle, however, we focus on a feature that is less evident in the day-to-day living of the social contract: the relationship between citizens. Because this horizontal cohesion is critical to the social contract, we suggest that it should not be neglected, even amid a deepening crisis of state-citi-zen relations. Using the case of South Africa's vaccine roll-out as an illustration, we argue that certain kinds of state failures - failures in making complex fairness decisions, in treating citizens as equals when enacting these decisions, and in providing public justification for these decisions - risk dual damage to both citizen-state and citizen-citizen relations and so undermine an already fragile social contract.

15.
Relaciones Internacionales-Madrid ; - (52):191-214, 2023.
Article in English | Web of Science | ID: covidwho-2308118

ABSTRACT

The challenges facing the European Union (EU) can sometimes create tensions, in which the organization must answer both to the protection and guarantee of the fundamental rights of its citizens, and to global needs that exceptionally require the suspension of those same rights for the greater good. In its liberal political tradition that believes in the existence of a public and a private sphere, it has established systems of checks and balances, rule of law and stable institutions to protect the rights and freedoms of its citizens. Yet sometimes these must be suspended in cases of exceptionality for their own preservation.This was the case during the 2020 pandemic, when the European Union and its member States decreed quarantines against the consolidated and fundamental freedom of movement of persons, to restrict contacts and try to contain contagions. In this context, digital policies were also implemented to deal with crisis management, like Covid applications for tracing and monitoring contacts between individuals.This invasion of the private sphere of citizens had to be accompanied by a set of limitations and guarantees, to protect this inherent and private individual's right.These applications were subject to the requirements of the European legislative framework (the commonly known acquis communautaire), which included several legal instruments laid out by the EU to create a framework to guide the performance of its member-state Governments on this matter. Apart from the GDPR and the ePrivacy Directive, we underline the importance of Recommendation (EU) 2020/518 that connects health rights, health management and data protection;and also, the importance of Communication 2020/C 124 I/01 that set a series of ideal elements to guide apps functions, and established the importance that it is Government agencies that manage digital apps, so there is a guarantee of the protection of citizens' rights.Through the comparative study of how apps were managed when they first appeared in 2020 throughout most of 2021, and how apps evolved (both in management and use) in 2021 and throughout 2022, we can address the evolution of EU policy on digital matters, which have meant to create new frameworks for internet navigation. At first, there were 24 different apps for the 24 out of 27 Member States who decided to create and promote the use of these instruments among their citizens. Most of them were managed by national authorities (except for Austria and Romania who were managed by Red Cross and a local NGO respectively), and were developed by a public-private collaboration, or only public agencies. At the end of the crisis, at least politically since societal weariness and the economic crisis rendered it difficult to keep up the restrictions introduced in the spring of 2020, in June 2021 the EU created its GreenPass or vaccination passport. This policy was implemented in most countries and even though 24 different national health services were still in place, they all used the EU passport, available to citizens via their national health websites or apps.Even though the exceptionality of the pandemic has ended, one of the outcomes has been the establishment of a system of data gathering, storage and management for public means, managed by National Authorities, which has technically created a digital contract where the State guarantees citizens' digital rights. This is even more important as we attend to an increase in the digitalization of public services, especially since 2020. The changes were thus promoted in a state of exception during the crisis to regulate Government interference in the citizen's private sphere but have laid a roadmap for the development of the digital framework, which may lead to the conclusion of a digital social contract.The social contract appears in the EU's liberal tradition as a metaphor of the relation between the State and the individual, it defines the notion of sovereignty as the set of rights possessed by the citizen that may be subject to special protection. Hence, the social contract serves as the basis for creating modern societies, yet it is not permanent and can (and will) change when societies change accordingly. Several critiques have been made to the original social contract, creating new and developed contracts, including the class critique (from worker's movements and Marxism during the 19th Century to Piketty's present denouncing of social inequalities), the gender critique (as Carole Pateman's Sexual Contract puts it, the social contract institutionalized patriarchy), the racial critique (where Charles W. Mills develops the gender critique from a racial point of view where the social contract created a system of domination by the Western world) and finally the environmental critique (where its advocates claim for an eco-social contract or a nature social contract that shifts the approach to a bio-centric system).Therefore, the contract serves as a theoretical framework that can be changed, and in this case, it challenges the evolution towards a digital social contract. The evolution of internet and tech structures that support the web and its processes has been marked by three stages: its birth in the 80s by the hand of the State and linked to military research;its deregulation during the 90s and the privatization of the main telecommunications enterprises (in the case of the EU, the digital policy followed this trend);and the consolidation of a digital sphere in the 21st century, where the EU has taken a step back and created a set of instruments to guarantee the protection and freedom of its citizens when they navigate the internet. We can see how the EU has responded to global dynamics at the level of digital regulation, prioritizing today a multi -stakeholder system with several actors, and counterweights and limits for both companies and public administrations in their exchange with users on the internet. With the emergence of new spaces for social relations such as in the digital sphere, new types of sovereignty must be considered in order to guarantee the rights and privacy of users (we must not forget the importance of the separation between spheres, as fear liberalism reminds us, and of limiting exceptionality to those circumstances that really appear as such). Once the foundations on which the model of digital guarantees can be developed have been laid, the next step can be the creation of a real digital contract between users and the state on the internet. However, the contract is but an idea of reason for understanding politics and institutions, which begs the question of what digital politics we aspire to as societies.

16.
Revista General Del Derecho Del Trabajo Y De La Seguridad Social ; - (63):332-352, 2022.
Article in English | Web of Science | ID: covidwho-2311422

ABSTRACT

the special employment relationship of artists has recently been modified through the entry into force of Royal Decree-Law 5/2022, of March 22, in order to adapt to Royal Decree-Law 32/2021, of December 28, and therefore, to the new social and labor realities. Therefore, the objective of these lines is to contribute to the knowledge of the labor regime of artists, analyzing the regulatory situation prior to the Covid-19 pandemic, as well as the regulatory evolution from March 2020 to the present. All this with the purpose of knowing and reflecting on the current regulatory situation of this sector.

17.
Baltic Journal of Economic Studies ; 8(4):165-175, 2022.
Article in English | Web of Science | ID: covidwho-2310943

ABSTRACT

The purpose of the article is to study the impact of transaction costs on managerial decision-making on the example of Ukrainian enterprises. The article notes that, despite the significant achievements of the institutional theory, there are still questions about the clarity of understanding of its key concepts and definitions, the content of transaction costs and the concept of their minimization, the expediency and efficiency of the existence of certain types of transaction costs. The subject of the study is the essence of transaction costs of the enterprise and their modern classification. The methodological basis of the study was an integrated approach to the essence and classification of transaction costs, as well as general scientific and special research methods: retrospective and systematic analysis, comparison and generalization, grouping and sampling, methods of building linear and nonlinear economic and statistical models with constraints. As noted above, the main issue of the study was the classification of transaction costs. The economic situation in Ukraine was assessed, which allowed to determine that transaction costs are quite high for enterprises due to: insufficient development of markets, unformed structure of institutions, complex and ambiguous legislation, significant tax pressure and existing facts of corruption. The authors noted that the list of components of transaction costs is constantly updated due to the complication of the socio-economic conditions for doing business associated with crisis-forming force majeure factors (in particular, the COVID-19 pandemic), which have become very significant for the world economy and have significantly changed approaches to the allocation of investment resources. As a result of the study, it is proposed to supplement the existing classification of transaction costs with costs associated with adapting to new business conditions ("adaptation cost"), which together characterize the ability of an enterprise to adapt to new conditions of functioning and development. The main conclusions of the study include the fact that, given current trends, reducing transaction costs is becoming a priority issue. At the same time, in the context of the proposed classification, a model for minimizing transaction costs was developed for the first time, which includes a modern classification of transaction costs and provides the possibility of their modeling for a more complete and logical calculation. According to the authors, the presented model will provide an opportunity to more correctly determine the effectiveness of management decisions related to investments in the core business of the enterprise. It is important to note that, given the basic provisions of institutional theory, a significant amount of transaction costs, in principle, can neutralize the investment process. Thus, the study is of both theoretical and practical importance and gives an idea of solving a number of both industrial and social problems and can become the basis for further research.

18.
Intelligent Systems Reference Library ; 237:281-299, 2023.
Article in English | Scopus | ID: covidwho-2293197

ABSTRACT

The development of a cryptocurrency cannot occur without the use of a vital piece of technology known as blockchain. It is a distributed ledger that has progressed to the point where they are now even more applicable and beneficial. This is due to the passage of time and the development of many sectors. These days, blockchain technology is being employed in certain ways throughout all the industries. In this study, each and every significant attribute and weakness is discussed and analyzed. We have also conducted a literature analysis on blockchain-related topics and highlighted some of the most current sectors in which blockchain technology has found the greatest utility. © 2023, The Author(s), under exclusive license to Springer Nature Switzerland AG.

19.
2nd International Conference on Next Generation Intelligent Systems, ICNGIS 2022 ; 2022.
Article in English | Scopus | ID: covidwho-2293131

ABSTRACT

Blockchain based microgrid mechanisms can be designed efficiently to provide uninterrupted power supply and to balance load demands dynamically. In this present work, a conceptual design of a microgrid system is proposed in power system modeling. A blockchain based trading mechanism has been implemented on this system. Various optimization algorithms have been used to maximize economic profit. Finally, the Coronavirus Herd Immunity Optimizer (CHIO) algorithm is described to accommodate the impression that arises for the optimal power flow (OPF) and energy capacity. A case study has been provided to authenticate the performance of this method. The result expresses that the present scheme can largely improve the power dispatch and trading system. © 2022 IEEE.

20.
International Journal of Development and Conflict ; 12(2):173-181, 2022.
Article in English | Scopus | ID: covidwho-2291258

ABSTRACT

The Covid-19 pandemic has exposed societal underbelly in its inadequate institutional, infrastructural, and legal regimes to promote continuous international trade policies in the midst of external disruptions. International trade forms part of global events that promotes cross-border socio-political developmental growth, which discourages arms conflict among nations. Political stability of nation states and international trade among nations intersect inevitably in contemporary times. However, the transactional processes of international trade rely on alternative dispute resolutions (ADR) as one of its imbedded features to resolve disputes within commercial transactions. The ADR are in various forms like arbitration, mediation and negotiation. Contract law and policy principally powers the ADR system. The traditional contract model of consensus ad idem, where parties bargain within their physical presence until a resolution or settlement of the dispute is achieved has become inadequate in the digital era. Covid-19 has made such physical and in-person bargaining impossible because of its fatal nature. This paper seeks to analyze the significance of adapting the preexisting and recognized digital era contract doctrines like wrap, smart and other types of contract of adhesion in the ADR ecosystem. Currently, the Kingdom of Saudi Arabia does not have specific legal regimes that recognizes the digital era transactional formations. For example, contemporary contract now becomes enforceable with just a click of the mouse or a finger-touch on the digital surface of a device or mere browsing of a website when visiting such site. In some cases, within a blockchain system a transactional activity is recorded and becomes difficult to change after parties have agreed to be bound digitally. The paper will conclude by setting out prescriptions that Saudi Arabian Law Schools should conceptualize its curriculum to adapt to the evolving digital era transactional jurisprudence and promote the updating of the laws of the Kingdom to reflect the current realities. © 2022 Gokhale Institute of Politics and Economics. All rights reserved.

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