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Abstract

The ancient history of the concept of condominium and the particular attitude towards the right of ownership of an apartment has attracted worldwide recognition for this type of property. The concept of condominium is based on three components: (1) individual ownership of an apartment; (2) joint possession of common property of a plot of land and parts of a building; and (3) membership in an owners’ association. An apartment in a condominium is an exception to the principle of superficies solo cedit in property law. In this case, the rights of ownership of owners of apartments in a condominium—the rights of ownership of a number of persons—are accumulated with regard to a plot of land. This article analyses, on the one hand, the peculiarities of apartment ownership in condominiums, Georgian legislation—which is the result of the reception of German civil law, and, on the other hand, the court practice developed on these issues in Georgian law.

Abstract

The article discusses the latest wave of the higher education quality assurance (QA) reform, implemented by the Government of Georgia in response to its obligations envisaged by the EU–Georgia Association Agreement and its consequent Association Agenda 2017–2020. We argue that Eu conditionality was a major driving factor for the modernization of Georgian QA system according to the European Standards and Guidelines for Quality Assurance (ESG 2015), and even though the reform was mostly implemented in the framework of the country’s EU integration, an expected reward in the form of the membership of the European Association for Quality Assurance in Higher Education (ENQA) granted to the national Center for Educational Quality Enhancement (NCEQE) of Georgia was the major driving force for implementing the reform successfully. While this reward-driven reform has resulted in the ENQA membership, it has not inevitably led to building a sustainable, independent and development-oriented external quality assurance system for the enhancement of Georgian higher education. Therefore, the entire QA reform was merely aimed at “talking the EU talk” (Schimmelfennig & Sedelmeier, 2005, p. 27) by the Georgian government instead of actually being focused on the development of internal “quality culture” in Georgian higher education institutions.

Abstract

Preparing for elections during election campaigning has been topical in every era. In the 19th century, new methods for carrying out election campaigns were developed in the United States. The Americanization of election campaigns is characterized by political personalization, the special role of the media in a pre-election period, brittle ideological grounds and particular specialization of the political campaign. A plethora of different concepts have been coined to explain this process, including ‘Americanization’ and ‘professionalization’. As the uS is identified as the origin of election campaigning trends, these assumed convergences came to be known in academic writing as ‘Americanization’. Election campaigning was in need of professionals hired to navigate the campaign’s strategy. With the emergence of campaign advisors, the term ‘professionalization’ was introduced.

In Georgia, the first steps on the way to statehood were made at the beginning of the 1990s, following the 70 years of Soviet rule. in post-Soviet Georgia, multiparty and competitive elections enabled political parties to use foreign experience in political campaigning. The goal of the present article is to define the existing election campaign model in Georgia, and especially, to examine the tendencies of Americanization in the election campaigns in Georgia in the period of 1990–2016. According to the research hypothesis, the weak institutionalization of the party system creates a favorable ground for the Americanization of political campaigning. in the 1990s, the weak representativeness of Georgian parties played an important role in political campaigning since the very beginning. in the research process, the characteristics of political campaigns in post-Soviet Georgia were analyzed.

This study makes use of qualitative research methods, including: (a) expert interviews with political consultants; (b) in-depth interviews with representatives of political parties; and (c) in-depth interviews with the selected electorate. Qualitative research methods were chosen for the work for the purpose of understanding the tendencies of the Americanization of election campaigning in Georgia from the respondents’ perspective. Qualitative methods are more explicit and descriptive, and by gathering responses like these, it is possible to gain a deeper understanding of the subject.

Abstract

The present article is devoted to the research on the admissibility of expulsion of a partner from a limited liability company (LLC) based on the ground that is not envisaged in the charter, and on respective dogmatic normative grounds in Georgian law. The importance of research in legal studies and judge-made law1 is revealed in the fact that the situation in which the action of a partner is directed against the interests of the company and becomes an obstacle for the achievement of a common goal, and it becomes impossible to retain the partner remains outside of Georgian normative reality. The aim of the research requires an analysis of German law, assimilated in the context of the Georgian solution, as well as the description of civil legal grounds for exclusion and prerequisites for admissibility, a study of the legal nature of the society and dogmatic support to the application of the civil law regime for the termination of long-term contractual relations. The suggested Georgian solution in this matter shares the spirit of German law policy; however, it is outstanding in its individuality.

Abstract

From the strategic point of view, not all foreign direct investments (FDI) are always positively benefiting the host economy, i.e. not all multinational enterprises (MnEs) are promoting local host economies. Even more, not all FDIs are equally beneficial to different sectors within the same economy. The fact is that fdi can impact different sectors in various ways, and the impact is not only based on the amount of fdi itself but on MnEs’ motivations and the peculiarities of the host economy, which can differ from country to county. in other words, only fdi numbers aggregated per year are not really giving a comprehensive picture of the situation and in many cases lead to incorrect strategic decisions, as it has happened in many countries, including Georgia.

Abstract

The article elaborates on the topic of the new wave of evolution of the protection of intellectual property in Georgia inspired by signing the Eu–Georgia Association Agreement, (AA—the Association Agreement between Georgia and the Eu and the nuclear Energy Association of Europe and its Member States). The harmonization process is an impressive field of law on its own. The article deals only with particular issues, such as the role and critical characteristics of the harmonization of intellectual property protection and enforcement mechanisms in Georgia.

In this context, the article examines the legal nature of the amendments to the Civil procedure Code of Georgia (GCpC), in particular, a new chapter of enforcement regulations, that has been introduced to the GCPC—‘Specificities in proceedings of the infringement of exclusive right of intellectual property’.

The article is predicated upon the allegation that the new legal introductions are merely of a formal character, while the enforcement mechanisms and remedies, as a significant part of Georgian civil legislation, had already been in place and Georgia had ratified major international intellectual property agreements. The article deals with the legal problem of the application of the intellectual property enforcement amendments by the judiciary and measures the practical impact.

The hypothesis of the analysis is to consider whether further developments are necessary to contribute to a consistent approach to the adjudication of intellectual property enforcement disputes in Georgian courts and to promote the efficient implementation of the novel intellectual property enforcement mechanisms into the Georgian legal system.

The analysis of the characteristics of the impact of harmonization on intellectual property as of intangible rights proves to have wide-ranging benefits for the holders of intellectual property in Georgia or elsewhere in Europe.

Abstract

The article provides a critical legal analysis of Georgia’s regulations on the interim dividend payment and highlights the necessity of proper amendments to comply with European company law. Since having an EU-Georgia Association Agreement signed, the dynamic process of Europeanization has put various legislative changes on the agenda, which also regard shareholders’ proprietary rights. This article briefly gives a novel insight into the distribution of interim dividends from a comparative point of view. It suggests the possibly scrutinized coverage of the legal preconditions along with liability consequences for the interim dividend declaration from the perspective of both shareholders and joint stock companies in Georgia. The article emphasizes the structure of the corporation, which naturally bedrocks the potential conflict of interests between the shareholders and creditors. The topic also endorses questioning Georgia’s rules on capital maintenance in relation to the interim dividend distribution. Hence, the study reveals prevailing regulatory lapses and makes pertinent recommendations on the alignment of the financial interests of those mentioned. Last but not least, the article exposes how directors on the credible basis of their fiduciary duties are assigned to divert assets of the corporation since their rationality in decision-making is expected to meet the best interests of the company.

Abstract

Researchers have acknowledged that the flow of knowledge is influenced by the non-structural and structural features of networks. This paper aims to further develop an understanding of the institutional and structural features of knowledge networks by relating the brokerage roles of actors to the types and locations of organisations in biotechnology and software networks. The study is set within the context of the European Union (EU) research and innovation policy. It is designed as a social network analysis of EU research projects in biotechnology and software that took place between 1995 and 2016, wherein organisations from the Baltic States participated. The results of the study revealed that higher education and research organisations and public bodies acted as the main knowledge brokers and brokered more frequently across different regions in biotechnology networks. In software, it was the universities and research organisations that fulfilled this role. Thus, this study contributes to an understanding about the institutional and structural aspects of knowledge networks by focusing on brokers and their brokerage roles and relating these factors to specific organisation types and the locations of actors within the two sectors. It also adds the empirical context of the Baltic States in the areas of biotechnology and software collaborative research projects to the studies of knowledge networks, and offers practical suggestions for implementing collaborative research projects.