• The margin of appreciation doctrine and the interpretation of the European Convention on Human Rights as a living instrument

      Ita, Rachael Eguono; University of Derby (2018)
      The significance of the margin of appreciation doctrine has been underscored recently with the adoption of Protocol No 15 which calls for the inclusion of the terms ‘margin of appreciation’ and ‘subsidiarity’ in the Preamble of the European Convention on Human Rights. This development reflects the disquiet amongst member States to the Convention that the doctrine is not being given enough weight by the European Court of Human Rights in the determination of cases before it. One of the interpretive tools that is perceived to be having a negative effect on the margin of appreciation is the living instrument doctrine which has been blamed for narrowing the margin of appreciation afforded to States. This thesis brings an original contribution to the literature in this area by considering the interaction between the margin of appreciation and living instrument doctrines in the case law of the Court. The contribution is achieved in two ways: (a) methodologically: through the methodology adopted which is a combination of the quantitative method of descriptive statistics and the qualitative method of doctrinal textual analysis; (b) substantively: through the systematic examination of the case law of the Court from January 1979 to December 2016 in which both the margin of appreciation and living instrument doctrines are present. The lens of the relationship between rights and duties is applied to the case analysis. The case analysis is used to draw conclusions on the nature of the relationship and whether living instrument arguments are superseding the margin of appreciation doctrine where there is conflict. The results of the case analysis also shows distinctions in the interpretive approaches of the Court at the admissibility and compliance stages. The overall results of the study show that there are a variety of ways in which interaction takes place between both doctrines and the nature of both doctrines will continue to require a close interaction between the Court and the State parties in their compliance with obligations under the Convention.
    • The perceived and actual effects of remittances on poverty reduction and development in Tanzania: Case study of Leicester-based Tanzanian diaspora.

      Msuya, Asmahan Mssami; University of Derby (2017-12-07)
      Remittances to sub-Saharan Africa have steadily been on increase in recent decades. However, the full socio-economic benefits of remittances to some countries, such as Tanzania are far from clear. Consequently, the importance of this economic phenomenon in Tanzanian society is rather inconclusive, because their effects on poverty reduction and development in Tanzania are based largely on evidence from the regional area (i.e. sub-Saharan Africa) and from other developing countries. This study has examined the perceived and actual effects of remittances on poverty reduction and development in Tanzania from the viewpoint of Leicester-based Tanzanian diaspora and the remittance receivers’ in Tanzania. The study was, therefore, based in two places, Leicester (United Kingdom- UK) and Tanzania. It adopts an inductive approach to enquiry for which both qualitative and quantitative data were collect from the three case studies: The first case study is Leicester-based Tanzanian diaspora (the remittances senders), the second case study is remittance receivers in Tanzania (the remittances users), and third case study is Tanzanian government officials (i.e. researchers, policy makers and regulatory bodies). The significance of this study is that it is a two-way process conducted from the remittance senders’ (the Leicester-based Tanzanian diaspora) and remittance the receivers’ perspectives (the remittance users in Tanzania). The study, therefore, involve tracking of remittances from Leicester to Tanzania. The study provides better insight and understanding of the effects of remittances on poverty reduction and development in Tanzania. It help to understand how best to harness diaspora and remittances through the understanding of diaspora’s capabilities and interests, as well as types of remittances sent to Tanzania, channels of sending, and any obstacles that hamper the effectiveness of remittances on poverty reduction and development in Tanzania. The study also offers insight into why the Tanzanian diaspora continues to remit. Amongst other reasons, it includes the retained belief in the Ujamaa ideology (family-hood or brother-hood). In turn, this adds significant contributions on the theories of migration and development, and motives to remit. The overall finding of this study is that remittances remain important to Tanzanian society, because they help to increase the amount of disposable money for spending on education, health, consumption, business formation, and investments. Unlike other international aid, remittances go directly to receivers. Thus, remittances tend to have immediate and direct effects on the livelihoods of the receivers. Remittances received from Leicester, therefore, help to improve the quality of lives of the recipients. Hence, they help to reduce depth and severity of poverty on the receiving communities. Nevertheless, the findings of this study clearly show that from a developmental perspective, one of the major challenges to the effects of remittances on poverty reduction and development in Tanzania is to motivate the diaspora to conduct their remittance transfer operations through formal channels. This has remained a major challenge because of high fees associated with transfer of financial and material remittances, lack of formal channels in rural areas of Tanzania, and a total lack of appropriate formal channels for transmitting social remittances to Tanzania. The study recommends that policies on diaspora and remittances should be designed to encourage diaspora to send remittances through formal channels with low transaction costs. This is important because it will make easier to channel remittances into sustainable developmental projects that could fuel community and national development, thereby touching not only the direct recipients but also the general public. The study also recommends that both Tanzania and the UK government need to ensure social remittances (e.g. skills, technology-know-how, knowledge and experiences) are effectively being acquired, utilized and transmitted to Tanzania for the development of the country. This can be achieved by create a common platform for dialogue between diaspora, Tanzania and the UK governments, which will enable to understand local needs alongside the skills, knowledge, capacities and interests of the diaspora. The study concludes that in spite of other interventions and perhaps a lesser emphasis on social remittance sending to Tanzania nowadays, diaspora remittances remain a critical input into poverty reduction and development in Tanzania.
    • An integrated decision support framework for the adoption of lean, agile and green practices in product life cycle stages.

      Udokporo, Chinonso Kenneth; University of Derby (University of Derby, 2017-11-15)
      In order to stay competitive in today’s overly competitive market place, businesses must be engineered to match product characteristics and customer requirements. This increased emphasis on achieving highly adaptive manufacturing with reduction in manufacturing costs, better utilization of manufacturing resources and sound environmental management practices force organisations to adopt efficient management practices in their manufacturing operations. Some of the established practices in this context belong to the Lean, Agility and Green (LAG) paradigms. Adopting these practices in order to address customer requirements may require some level of expertise and understanding of the contribution (or lack of it) of the practices in meeting those requirements. Primarily, the wide choice of LAG practices available to address customer requirements can be confusing and/or challenging for those with limited knowledge of LAG practices and their efficacy. There is currently no systematic methodology available for selecting appropriate LAG practices considering of the product life cycle (PLC). Therefore, this research provides a novel framework for selecting appropriate LAG practices based on PLC stages for reducing costs, lead time and generated waste. The methodology describes the application of analytic hierarchy process (AHP), statistical inference and regression analysis as decision support tools, ensuring a systematic approach to the analysis with appropriate performance measures. The data collected were analysed with the aid of SPSS and Excel using a variety of statistical methods. The framework was verified through a Delphi study and validated using a case study. The key findings of the research include the various contributions of lean, agile and green practices towards improving performance measures, the importance of green in improving performance measures and the importance of selecting appropriate practices based on product life cycle stages. This research makes a clear contribution to existing body of knowledge by providing a methodological framework which could serve as a guide for companies in the FMCG industry to systematically integrate and adopt lean, agile and green to better manage their processes and meet customer requirements in their organisations. However, the framework developed in this research has not been tested in other areas.
    • Are relationships with brands problematic or beneficial to Christian faith? An investigation into the role of faith brands in the faith development of members of some East Midlands churches

      Hodder, Chris; University of Derby (2017-06)
      This study is a work of Practical Theology aiming to create an interpretative paradigm within which to evaluate faith brands theologically and identify whether faith brands are problematic or beneficial to Christian faith. The research used qualitative research techniques – five focus groups drawn from a church in the East Midlands, triangulated with interviews with practitioners in both marketing and ministry, and documentary analysis of faith brands. An element of comparison was possible between focus groups by grouping those church members who self-identified as “charismatic/evangelical” into three groups and examining how the data generated in those groups compared with the other two groups, drawn from a more “central Anglican” tradition. The importance of relationships and the motif of the faith being a journey and a process are validated by the data. Some of the problematic issues that faith brands raise for Christian faith – including challenges of ecclesiology, and the risk of a reductionist approach to faith – are considered both from the perspective of faith brands (such as the Alpha course) which might be considered as “McDonaldising” the faith, as well as the perspective of more “localized” faith brands, embodied within the “Fresh Expressions” movement. The results suggest that whilst faith brands do pose risks for Christian faith – including the danger of reductionism, or challenges to traditional ecclesiology - they can also be beneficial where they are utilized in ways that are sensitive to the context in which individuals are relating to them. This PhD makes an original contribution to knowledge through by exploring in detail the impact of faith branding upon some members of East Midlands Churches, in itself an original focus of study. It also makes an original contribution by utilising the insights of Rational Choice Theory to interrogate the data and extends the field of Practical Theology in also beginning to develop a constructive theology of branding. Tracing the contours of an emerging theology of branding, the Apostle Paul’s contextual missionary flexibility is noted alongside an acknowledgement that creation is both fallen, and yet also nevertheless pregnant with goodness and grace. It is suggested (through drawing on insights in the work of Cavanaugh) that faith brands can be located comfortably within an Augustinian framework with respect to notions of choice and desire. Within a theological evaluation, faith brands could be seen to offer a way of seeking to influence the will towards to God – and as such, offer a counterpoint to consumer brands, because they are a means to what is understood theologically to be a true end (God), whereas in consumerism, the end is simply to continue desiring to buy. Finally, the notion of the missio Dei and Bosch & Sherry’s theology of the work of the Holy Spirit are offered as ways of understanding of how God works through human culture and human creativity.
    • Conflict in the Niger Delta and corporate social responsibility of multinational oil companies: An assessment

      Nwankwo, Beloveth Odochi; University of Derby (2016-05-19)
      The Niger Delta region of Nigeria contributes more than 95 percent of the country’s export incomes and generates more than 40 percent of the Nigerian Gross Domestic Product (GDP) and 85 percent of the nation’s total revenue (Karl and Gray, 2003, p. 26). Although most multinational oil companies (MNOCs) have found the Niger Delta a fertile ground for business, the region remains backward, poor and underdeveloped. The host communities have been frustrated by the effects of oil production on the environment, which include oil spillages, the reduction of arable land, and the destruction of wild life and fish reserves. As a result of the oil bearing communities’ angry sentiments towards the MNOCs and the Nigerian Government, incessant conflict, and violent crises have enveloped the region. To mitigate the anger, the MNOCs have engaged in some programs and projects intended to benefit the oil- bearing communities in the area of corporate social responsibility (CSR). This thesis is focused on how the CSR strategies of the MNOCs have contributed to the perennial conflict in the Niger Delta region of Nigeria. The mixed methods descriptive design study employed involves the use of survey instruments and content analysis to interrogate the conflict situation. Findings indicate that the failure of MNOCs operating in the Niger Delta region to provide concrete and sustainable CSR, and the government’s inability to regulate the MNOCs and plough back the taxes paid by the latter to develop the region, has led to the current crises. These supported the thesis that the lack of concrete social responsibility contributes to conflicts in the Niger Delta. Building upon the stakeholders’ theory, the theory of frustration and aggression, and conflict theory, this study discovered that the cause of the conflict in the Niger Delta is not solely an issue of corporate social responsibility and revenue allocation, but it largely depends on the divergences of the different stakeholders’ interests. This study, therefore, recommends a revocation of the 60/40 ownership structure between the government and the oil companies. Instead, host communities should be considered part owners of the oil deposits in their land, which would give them a fair percentage in the ownership structure.
    • Using images and deep emotions in marketing strategy in higher education.

      Hancock, Charles C.; University of Derby (2016-04)
      Purpose – Understanding student value in the Higher Education Sector has traditionally been conceptualised and measured using cognitive indicators, such as the National Student Survey (NSS). This thesis aims to build on the body of literature of service excellence, and alternative market sensing methods, such as the role of images and emotions in determining a deeper level of value for consumers. To apply a market sensing method to understand student value in an ever increasing complex environment, thus enabling a framework to develop differentiation in marketing strategy and communications for a University Business School. Design/methodology/approach – The focus for this inductive study was a Business School in which both undergraduate and post graduate students (n=24) were interviewed at depth, using a photo elicitation methodology based on Zaltman’s Metaphor Elicitation Technique, (ZMET) to explore their relationship with the business school and their real value. The process consisted of the candidate choosing a number of images, in-depth interview and then constructing emotion/value maps to elicit thoughts and feelings of value and relationship with the business school with respect to their stage of the journey. Findings – Results from the study found a number of emerging themes that were more significant at different stages of the transformational student journey. The study found that students resonated with similar images at respective stages of their programmes, and that a deeper level of understanding of the students emotional factors relating to their relationship with both the Business School and University, thus finding that an emotion based methodology was a better predictor of understanding student value, than cognitive measures of satisfaction such as National Student Survey (NSS). The findings from the ZMET based methodology also enabled better differentiation for market strategy, emotion based marketing communication and identified areas of operational process that could be improved through the internal marketing towards the internal customer. Originality/Value – The thesis establishes the need to use emotional depth methodologies when understanding the customer, to create differentiation in market strategy and customer driven market communications. This is the first time a Zaltman based methodology has been used in the UK Higher Education sector, specifically understanding student value. The thesis also contributes knowledge by extending the ZMET methodology with the development of a “Deep Value Mining” (DVM) depth gauge for understanding quality of data obtained through research methodologies understanding customer value. The research also created Emotional Value Maps (EVM) as a construct tool, creating a further extension to the ZMET methodology, to help researchers understand the association between value and emotion on a customer journey enabling the understanding of what’s really important to the participants of the research subject.
    • “New public Management reforms, an empirical study of human resources critical factors, in the context of the Greek Public sector”

      Liveris, Panagiotis D.; University of Derby (2015-08-25)
      This work is an endeavour on the subject of the Critical Success Factors imposed by Human Resources, in the process of reforms, under the context of New Public Management, particularly, as this applies in the Greek Public Sector and more specifically in the cases of ISO implementation. The fundamental issues it attempts to elucidate are the Human Resources policies that must be applied, so that employees become an integral element for the successful implementation of any introduced reforms. Many scholars have pointed out the gap in literature regarding the effect of New Public Management (NPM) reforms on the human factor. Moreover, in the current Greek reality, in the context of the economic recession and the debt crisis, where public administration reforms are mandatory, the thorough examination of the vital issues, pertaining to Human Resources, consists a major priority. The qualitative research method applied with the employees of the reformed organisations has further aspired to ponder and determine what really matters during the transformational process from the employees’ point of view. The conclusions we have reached underpin the importance of Human Resources motivational factors in the reform process, taking into consideration that the employee is the catalyst for any change effort. Some of those factors were found to be also part of the ISO concept per se, thus, their implementation would boost the employees’ morale, while others must be carefully analysed, planned and implemented by all the stakeholders to further facilitate the change process. We have to bear in mind that, especially under the current dire economic environment, quality reforms could be a challenge, as they combine fiscal discipline and at the same time aspire to increase the employees’ and citizens’ satisfaction. This study goes further to suggest that, the implementation of ISO reforms could help all the participants, provided that the decision makers take into serious consideration the Critical Success Factors outlined herewith, that have been extracted from a survey conducted pertinent to our research. This study focused on the reforms/ISO process as implemented by the Intermediate Managing Authority of the Ionian Islands. Further research on the implications from the implementation of NMP doctrines on Human Resources should be conducted in other Greek governmental organisations, in order to reaffirm the results and possibly enhance the suggested model. Conclusively, our ultimate target is to assist decision makers and encourage them to utilise the arguments depicted, towards the successful implementation of NPM doctrines.