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Copyright of Accounting & Finance / Oblìk ì Fìnansi is the property of Institute of Accounting & Finance and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

climate litigation rulings are widely viewed as the ultimate tool to enforce climate compliance. The objective of this paper is to evaluate whether a ruling on climate litigation has an impact on corporate share price and the direction of the effect. Prior work inclination is on the concept of climate law entropy and the recent case ruling on Lufthansa's climate litigation. The methodology is mixed with a review of relevant literature and mini-quantification of value difference using a t-test to analyse difference in mean share price before and after climate litigation ruling on Lufthansa, and finally a formulation of framework. Findings show that unlike previous ubiquitous literature findings, the share price of Lufthansa experienced a significant increase in value after the climate litigation ruling with a significant p-value of less than 0.01 (which indicates high significance level of difference in share price). The paper has practical and theoretical implications, for business law academics and for practitioners. Climate litigation may serve a dual role of enforcing climate law compliance and instilling corporate legitimacy. The paper contributes original value to corporate climate litigation literature by proposing a novel conceptual framework for understanding the diverse differential impact of climate litigation on corporate share price. [ABSTRACT FROM AUTHOR]

In the context of the national strategy of the construction of the Guangdong‐Hong Kong‐Macao Greater Bay Area, the first institutional breakthrough in cross‐border insolvency cooperation between the Chinese Mainland and Hong Kong was achieved on 14 May 2021, and the first case of recognition and assistance in insolvency proceedings in Hong Kong, Re Samson Paper Co Ltd., emerged in judicial practice in December 2021. The judicial practice of Samson not only successfully verifies the great significance of the Record of Meeting and the Opinion for institutional ice‐breaking of cross‐border insolvency cooperation in the Chinese Mainland, but also reflects the practical effects and legislative issues of the above documents on the mechanism of insolvency cooperation between two areas. In view of the problems reflected by the practice of Re Samson Paper Co Ltd. and existing in the legislation, this paper puts forward specific proposals for the cross‐border insolvency cooperation between the Chinese Mainland and Hong Kong, including abolishing the precondition of reciprocity, strengthening exchanges, and cooperation between the two areas on parallel bankruptcy issues, and supplementing the coordination of parallel bankruptcy procedures for cross‐border insolvency. It also proposes domestic legislation on cross‐border insolvency recognition and assistance in China in a point‐by‐point manner, so as to achieve the establishment of a sound cross‐border insolvency cooperation mechanism in line with the international community. [ABSTRACT FROM AUTHOR]

The Kuwaiti policymaker has never overlooked the protection of market competition. Anticompetitive practices have always been a concern in Kuwait; from the Kuwaiti Constitution 1962, which allows a legal monopoly for a certain time, and the Commercial Law Act 68/1980, to the Competition Protection Acts (CPA) of 2007 and 2020. However, the legislative responses to anticompetitive behaviours in Kuwait have varied, with criminal prohibition being historically dominant. Recently, with the introduction of the CPA 2020, Kuwait has decriminalized cartel activity. Although it may have been expected that the criminal nature of cartel activity should have been maintained, the major shift in Kuwait was contrary to the global trend towards criminalization. Cartel activity is now being dealt with within a regulatory framework, with only administrative sanctions. This paper suggests that the decriminalization in Kuwait weakens the argument that the global trend towards criminalizing cartel activity has always been driven by a top-down process. This paper has three aims: the first is to explore this inadvertently 'neglected' research area in Kuwait; the second is to discuss why cartel activity has been decriminalized, with a focus on the problem of 'moral ambiguity' as an explanation; and the third is to argue for the re-criminalization of cartel activity. [ABSTRACT FROM AUTHOR]

Artificial intelligence (AI) is the simulation of human intelligence processes by machines, especially computer systems. As with other elements of society, the modern economy has become more reliant on AI, indicating the potentially great influence it has on innovation. Many previous studies on the status of AI-generated work have focused on its connection to intellectual property (IP) law, mainly under copyright and regulations, and whether this type of work could be protected within the legal framework of copyright. Therefore, an all-inclusive assessment of the fitness of the existing copyright law framework is necessary. While recent discussions have mostly considered AIgenerated works. In this paper, we examine AI within the context of the international legal framework of IP rights, the Agreement on Trade- Related Aspects of Intellectual Property Rights (TRIPS Agreement), and national legislation. We conclude that current copyright law is unsuitable for the protection of AI-generated works and that sui generis is a better option. However, the future legislative path should be specialized legislation addressing not only AI-generated works but also the prohibited acts that might create certain risks for industries. The research adopted a comparative analytical in-depth examination of the international legal framework of intellectual property law. [ABSTRACT FROM AUTHOR]

Copyright of Environmental & Social Management Journal / Revista de Gestão Social e Ambiental is the property of Environmental & Social Management Journal and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

As digital trade continues to reshape the global economic landscape, the key objective of this study is to bridge a significant Legal-Technical gap characterised by the discord between rapid technological advancements and slower-evolving legal frameworks. This paper delves into the complexities of this gap and emphasises the need for a holistic approach to understand and address the multifaceted challenges it presents to businesses, policymakers, and the broader international trading system. This research offers a novel theoretical foundation for exploring and bridging the Legal-Technical gap in digital trade. Initially, it discusses the integration of legal and technical knowledge systems, which leads to the emergence of specific transdisciplinary knowledge as described by Andrew Sage's Theory of Systems. Subsequently, it explores the acquisition of universal knowledge about these systems through Herman Dooyeweerd's multi-aspectual philosophy. Furthermore, it proposes the development of a transdisciplinary knowledge representation using Fritz Zwicky's Morphological Method. Our analysis reveals that focusing on lingual, social, economic, and aesthetic aspects enables the prioritisation of critical factors essential for enhancing legal-technical functionality. [ABSTRACT FROM AUTHOR]

Australia has a long history of privately owned utility price regulation, one that is little known. This price control was designed to restrain the market power of several utilities (gas, rail, tramways, electricity, and water). The purpose of this paper, therefore, is to establish what types of price control that were used in Australia in the utilities sector before the First World War and to determine the degree to which this price control influenced efficiency. As price levels in this era were set in legislation, the lack of flexibility led to less-than-optimal outcomes, and eventually and led to new approaches were developed after 1912 to the utilities that remained in private ownership, and in some cases influenced the movement in Australia towards government control. [ABSTRACT FROM AUTHOR]

In order to explore the connotation and construction path of the principle of good faith from the perspective of civil and commercial law, this paper combines intelligent algorithms to analyze the connotation and construction path of the principle of good faith from the perspective of civil and commercial law. Moreover, this paper presents a topology network specially used to improve the energy absorption efficiency of the isolation resistor used in the power divider and theoretically analyzes the effectiveness of the isolation topology. In addition, this paper further optimizes the topology of the two-way broadband filter power divider and builds a simulation model based on the basic content of the principle of good faith. From the research results, the simulation model proposed in this paper can play a certain role in the connotation and construction path of the principle of good faith from the perspective of civil and commercial law. On this basis, some suggestions on the connotation and construction path of the principle of good faith are put forward. [ABSTRACT FROM AUTHOR]

Erie Railroad v. Tompkins is a cornerstone of modern American law. Erie overturned Swift v. Tyson, a case that had stood for nearly a century with minimal objection. Swift involved the negotiability of commercial paper and the case held that in disputes heard in federal courts under diversity jurisdiction the court should use traditional common law methods to resolve the case rather than feeling bound by the state court decisions. Correspondence between Harvard Law School's Lon Fuller and Yale's Arthur Corbin--arguably the two greatest Contracts Law professors of the mid-Twentieth Century--reveals widespread ridicule and dismay among commercial lawyers and scholars following Erie. In a letter to Corbin, Fuller quote the great Harvard Constitutional Law scholar Reed Powell as saying the Supreme Court "pulled a brodie" in Erie. This article reviews Erie from the perspective of commercial law, rather than the public law commentary that has dominated discussion of the Erie doctrine since its birth, seeking to understand the depth of contempt for Erie among commercial lawyers in terms of its consequences, reasoning, and jurisprudential approach. [ABSTRACT FROM AUTHOR]

Copyright of Revista Jurídica Portucalense is the property of Revista Juridica Portucalense and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

This paper comprehensively explores autonomous vessels, employing a methodology grounded in legal analysis to achieve its research objectives. The primary purpose of this research is to enhance the understanding of the legal framework governing autonomous vessels, specifically within the context of UAE Maritime Commercial Law No. (26) [1981]. The study places specific emphasis on international conventions, with notable attention given to the Convention for the Unification of Certain Rules of Law with respect to Collisions between Vessels [1910]. In addition to elucidating the legal status, the research delves into the provisions of marine collisions, providing clear definitions and outlining relevant conditions. The exploration extends to various categories of marine collisions, encompassing those attributed to the fault of a single vessel, shared faults, collisions caused by force majeure, and uncertainties arising from doubt or unknown causes. The significance of this research lies in identifying gaps and challenges within the current legal framework and shedding light on potential areas of improvement. The findings underscore a compelling need for legislative adjustments within the existing UAE Maritime Commercial Law No. (26) of 1981. Alternatively, the enactment of a new law, similar to Law No. (9) [2023], is proposed to govern the operation of autonomous vessels in the Emirate of Dubai. [ABSTRACT FROM AUTHOR]

As Chinese practitioners and scholars ponder the scope of fiduciary obligations under the country's company law, this paper offers a comparative perspective from German law. Although German corporate law has not rejected legal transplants, the common law trust has never been accepted as an organizational device for administering third-party funds or doing business. Nonetheless, the German judiciary has developed a sophisticated concept of fiduciary obligations where the statutes remain silent. This paper explores the application of fiduciary obligations to limited partnerships, limited liability companies, and stock corporations. It takes a membership perspective to ascertain the legal relationships between a corporation and its shareholder-members and among fellow-shareholders, as business entities evolve from personalistic to capitalistic settings. Fiduciary obligations also inform the relationship between the corporation and its directors and corporate officers. Although German law does not classify directors and corporate officers as the shareholders' direct trustees, shareholders stand nonetheless to benefit from the way directors and corporate offices discharge their duties towards the respective corporate entities. Moreover, criminal law rules on embezzlement operate to protect the corporation and the monies it administers from overly risky business projects. [ABSTRACT FROM AUTHOR]

China's manufacturing industry has set off a wave of digital transformation innovation, and the commercial law information management system, as one of the important tools to enhance the intelligent management ability of enterprises, will also face a new round of reform and upgrade. Building an "intelligent commercial law information management system platform" is the primary transformation path for traditional manufacturing enterprises to realize intelligent upgrading of commercial law information management system. The "intelligent commercial law information management system platform" is a management information sharing service platform that enables enterprises to achieve the goal of collaborative management by integrating their own business models and product technology needs with the help of emerging digital technologies, which can help enterprises realize the organic integration of business processes, risk management, value creation, and other management needs and change the original. The platform can help enterprises realize the organic integration of business processes, risk management, value creation, and other management needs and change the focus of the traditional financial shared service center, so that the enterprise business law information management system can be shifted to the enterprise strategy-oriented, focusing on risk control, decision support, and other high-level management. Therefore, it is particularly important to evaluate and optimize the "intelligent business law information management system platform" of manufacturing enterprises in the process of digital transformation. In this context, this paper conducts research and application of commercial law information management system based on big data, conducts an in-depth study on the current status of commercial law information management system in China, and provides an outlook on commercial law information management in China by establishing a relevant model system. [ABSTRACT FROM AUTHOR]

This research aims to analyze the extent and the ways in which Romanian public administration institutions are currently using social media, involving citizens in active collaboration within society. It also explores the main issues that need to be considered when implementing an e-Government strategy. Our paper aims to shed a light not only on the scarce literature on the field, but also the particularities of this research provides empirical references, analyzes opportunities and challenges for more effective e Government processes and to provide better public services. In the same time, there are highlighted the main issues that local public institutions need to take into account when managing the transition to operations in a social media environment. In doing so, we explore how experts and public servants in Romania acknowledge the importance of social media and new tendencies, how they refer to the tools they use and the way they approach stakeholders and citizens. With the help of semi-structured interviews with practitioners in Romania, we aim to structure a frame of looking at the new tendencies in Public Administration Development, with a particular focus on new technology and social media in e-Government. [ABSTRACT FROM AUTHOR]

This paper analyzes the history of the Alberta Orderly Payment of DebtsAct and the constitutional controversy that followed. The legislation sought to protect debtors by imposing restrictions on creditors. In 1960, the Supreme Court of Canada in Reference re Validity of Orderly Payment of Debts Act, 1959 (Alberta) ruled that the legislation was ultra vires on the basis that it interfered with the federal bankruptcy and insolvency power. The Orderly Payment of Debts Act reference is the capstone in a trilogy of cases in which provincial legislation was invalidated for encroaching upon the federal bankruptcy and insolvency power. The reference case represents a high-water mark for the expansion of the federal bankruptcy power and a curtailment of provincial authority to assist insolvent debtors. The paper argues that the OPDA reference is a landmark case in that it continued a trend of limiting provincial efforts to assist insolvent debtors by giving a broad reading of the federal bankruptcy and insolvency power. [ABSTRACT FROM AUTHOR]

This paper analyzes the processes of dissemination of ideas, institutional transplantation, and monitoring of European legal models that influenced Ibero-American--particularly Argentine-- Commercial Law and, specifically, Insolvency Law during the XIX and the XX centuries. The fundamental thesis of the author states the relevance and scientific legitimacy of the so-called broad thesis on the "State of Cessation of Payments" (or "State of Default" / "Bankruptcy Status") and its legal consequences. Throughout this study, these consequences derived from this broad theory-- which are part of the principles applicable to this doctrine of the "State of Default"--have been highlighted to correctly interpret the legal texts de lege lata and de lege ferenda for Argentina, other Latin-American and European jurisdictions. The working method consisted of a qualitative analysis of the legal sources of comparative doctrine, legislation, and jurisprudence - European and American - on the concept of insolvency and its founding theories. The results consist of the correct definition of the so-called "State of Cessation of Payments" or also "Insolvency", from the legal point of view and therefore the formulation of interpretations de lege lata in accordance with this concept, as well as future texts de lege ferenda. [ABSTRACT FROM AUTHOR]

Purpose: The paper aimed to analyze the profitability of the ten selected healthcare units in Poland before and after ownership transformation. Source data used for calculations came from the financial statements of the examined healthcare units. Design/methodology/approach: The paper focuses on ratio analysis, i.e., profitability, which facilitates the evaluation of the studied hospitals in two periods, 'before transformation' and 'after transformation'. A method of scientific cognition was used (1): an analysis of the subject literature, a method of obtaining empirical data (2): an analysis of the content of internal documentation of the analyzed healthcare entities (hospitals), and a method of analysis of the obtained empirical material (3): indicator analysis. Undertaken research contributed to the formulation of the research objective: Is there an improvement in the profitability of medical entities (hospitals) in Poland following ownership transformation? Referring to the presented research problem, the author formulated the following hypothesis: There is an improvement in the profitability of the examined healthcare entities in Poland. Findings: The study's results allow the author to verify the research hypothesis. The spatial scope of the analysis refers to the territory of Poland with a focus on three selected provinces: Lesser Poland (małopolskie), Kuyavia-Pomerania (kujawsko-pomorskie), and Lubusz (lubuskie). The time scope of the study covers three years before the transformation of a given 'SP ZOZ' (Independent Public Healthcare Institution) into a commercial law company and three years after the transformation. The subject scope of the evaluation includes: hospitals subordinate to local government units (LGUs) transformed into commercial law companies. The subject scope of the evaluation is the profitability of hospitals. Research limitations/implications: The results obtained are of great practical importance for managers, shareholders and other stakeholders in the health care sector. Nevertheless, the proposed considerations certainly do not exhaust all possible solutions and may be the subject of further research and scientific discussions. In the future, the author plans to expand the research results with the criterion of social effectiveness (quality of services provided and patient satisfaction with the services of medical entities). Practical implications: The results of the work can become an incentive for executives, managers and investors, as they indicate an improvement in the profitability of hospitals. Social implications: The implementation of the research results will contribute to increasing public awareness of the functioning of hospitals. Originality/value: The number of studies on the financial performance of medical entities is insufficient. All the more, the research results presenting the evaluation of the financial situation of the transformed entities are extremely valuable. The results from the conducted research indicate an improvement in the profitability of the examined medical entities (hospitals). In connection with this fact, legal changes resulting from normative acts (reforms in the healthcare sector) were also justified. The choice of topic results from the personal interests of the author. [ABSTRACT FROM AUTHOR]

The views and experiences of the judges are important for the performance of their duties, as well as for the improvement of their social and professional position. Therefore, the topic of this paper is the suggestions for improving the independence of the judiciary, which come from the representatives of the judicial profession. The paper is based on the results of extensive empirical research of the judges from all courts of general jurisdiction in Serbia. For the interpretation of the respondents’ answers (N=599), thematic analysis was used, allowing us to further categorize the received statements by the perspectives of the respondents. The conclusion is that judges see the greatest space for improvement in the area of institutional guarantees of independence, while they are significantly less oriented towards guarantees of personal independence. Apart from the theoretical contribution, the paper primarily has a practical goal in advocating social change, i.e. a normative framework based on the guidelines that come from those to whom the regulations refer.

Scientific research related to the avoidance of calculation and payment of profit tax in public enterprises is very rare, due to the belief that public enterprises do not avoid paying profit tax because their owner is the state, city, or local government unit. The research conducted in this paper has shown that the largest public enterprises in Serbia, which have a high profitability rate, as well as capital-intensive enterprises, have a higher effective tax rate and do not use tax planning techniques to avoid taxes. These findings can be considered scientifically adequate. All other determinants used in this paper did not show a statistically significant impact on the effective tax rate. When deciding and implementing the profit tax rate policy, as well as tax exemptions, the state must take into account the specificities of the operations of public enterprises and assess the effects of these policies on this sector of the economy.

The article clarifies aspects of the relationship between the Uniform Protected Series Act and the Uniform Commercial Code, focusing on transactions with a protected series. It determines the debtor if a security interest is granted by a protected series to secure an obligation, if it is in the interest of the buyer of accounts, chattel paper, payment intangibles, or promissory notes and if it is in the interest of a consignor in a consignment, and debtor as a registered organization.

The Competition Commission of India's (CCI) journey with "control" has been the subject of much discussion in Indian competition law circles. As we witness an increase in reliance on technology as well as a consolidation in conventional industries, both catalyzed by the Covid-19 pandemic, there is a marked increase of activity in the Indian merger market. It is therefore crucial for businesses contemplating mergers and acquisitions, to have a clear sense of the hurdles they need to cross, particularly if the merger activity in question falls in the same or a related industry. The CCI would thus need to provide clarity on what constitutes control, and when transacting parties should approach the CCI. The CCI must also be transparent about control transactions resulting in anti-competitive effects. This paper proposes that the CCI provide guidance on what amounts to control, from the perspectives of both notifiability and competitive effects, to resolve the CCI's control quandary. [ABSTRACT FROM AUTHOR]

This paper is dealing with one of the major challenges confronting the development of forensic accounting primarily legislation to combat fraudulent practices in the Kingdom of Saudi Arabia. The focus of our research is corporate and practice in the finance and banking sectors, since business operations are becoming more complex, especially with the recent developments in information and communication technology and as a consequence of the global pandemics of Covid-19 and the looming economic crisis. This has changed the nature of corporate fraud and fraudulent practices. This study has a primary goal to investigate the theoretical aspects of the integration of forensic accounting and corporate law and related regulation as tools for combating corporate and cyber fraud. In that sense, forensic accounting with a more than strong backing in the legislative aspects is strongly geared towards the minimization of the cost of employed capacities for forensic accounting activities to mitigate and eventually eliminate cyber fraud. The study also explores the effect of integrating forensic accounting and management control systems on banks' reputations and the huge loss of revenue resulting from cyber fraud. The study develops a conceptual model to show the relationship between forensic accounting, the management control system, and cyber fraud in the banking sector. A legal context analysis methodological research approach was employed to express the relationship amongst the variables considered in this study to reduce corporate and public sector fraud, minimize cost and improve the reputation of corporate and public government sectors. Preliminary research in the formulation of clear conclusions gives an idea of the feasibility of combining the components of forensic accounting, corporate and related laws and regulations, management control systems, and corporate reputation to combat business fraud. This was validated in some general conclusions which resulted in an acceptable, logical, and feasible model of forensic accounting solidly founded in corporate law and structure. Some of the findings are that the speed and ease of convergence process symbiotic integration of forensic accounting and corporate law is the best solution that is feasible and suitable for achieving the set objectives. Our initial conclusion and recommendation are that the government of the Kingdom of Saudi Arabia should introduce legislation that would ensure strict corporate disclosure standards, requirements, and norms as this would defend companies' critical assets as well as its anti-fraud programs. [ABSTRACT FROM AUTHOR]

The new Chinese rules on agency do not impose broad "fiduciary" duties on agents--instead, there are a number of specific provisions designed to protect the principal against particular abuses to which it is peculiarly vulnerable in the principal/agent relationship. Chinese law, thus, deliberately refuses to follow the lead of English law, which imposes very strict and wide-ranging fiduciary duties on agents. This paper argues that this is probably wise. English law has to be seen against a matrix of a system of commercial law which was forged on the anvil of international trade and commodity supply contracts, leading to a set of rules that prefer certainty of outcomes (and the avoidance of litigation) overachieving particular justice in individual cases (such as might have been achieved by subjecting English law to an overarching "good faith" principle). English commercial law is adversarial, not cooperative. This explains why, in a relationship that is characterized by cooperation, such as the principal/agent relationship, the general rules of English commercial law are replaced by wide, justice-oriented rules. A system that is already based on cooperation, for which Chinese law is almost paradigmatic, is likely much more adept at applying the general rules to the agency relationship than English law would be. [ABSTRACT FROM AUTHOR]

Much ink has been spilt on why gig workers should be brought into the protective fold of mainstream employment law. Much less time has been spent considering the advantages and disadvantages of regulating gig work through alternative regulatory frameworks, such as via competition and consumer laws. In part, this is because we generally understand this jurisdiction to be inherently anti-collective. However, significant changes within competition and consumer regulation in Australia challenge our pre-existing assumptions about the potential role and utility of this jurisdiction for protecting the rights of the self-employed, including gig workers. The High Court decision in Workpac v Rossato, emphasising contractual formalism, also impels some reconsideration of the utility of commercial law solutions given that there is unlikely to be any expansion of labour law protections any time soon. In this short paper, we summarise two key developments in this space. First, we discuss the provisions relating to unfair contract terms under the Australian Consumer Law, which are about to be substantially enhanced. Second, we explore a class exemption introduced by the Australian Competition and Consumer Commission, which effectively permits collective bargaining by small businesses, including those engaged in platform work. This article will critically examine each of these developments and weigh up their potential in addressing some of the most pressing issues facing non-employed workers in the gig economy and beyond. [ABSTRACT FROM AUTHOR]

Organized crime and related economic crime are the focus of interest for all modern, well-organized states. Theoreticians generally agree that organized crime has closely followed the development of modern states, while economic crime has evolved with the development of the economy and business, both at national and supranational levels, alongside the expansion of information and communication technologies. Despite being viewed as two distinct types of crime, economic and organized crime are highly interdependent and interconnected. While a small number of economic crime offenses lack the characteristics of organized crime, a significant number of criminal activities exhibit organized elements within the realm of the economy and economic activities. Thus, the relationship between these two types of crime is directly proportional, wherein the development of organized crime follows the development of economic crime, and vice versa. In addition to the introduction and conclusion, the paper consists of three interconnected and interrelated parts. The first part elucidates the philosophy of organized crime. It highlights the problems of defining, the lack of a unique definition, and its multidisciplinary nature. Additionally, it presents the most significant characteristics and manifestations of organized crime in theory and practice. The second part deals with the issues of economic crime. Similarly to the first part, it discusses the process of determining and defining the concept of economic crime, presenting its basic characteristics and contemporary types. Finally, the third part of the paper examines the relationship between these two categories of crime.

Restrictive agreements are agreements among market participants that significantly restrict, distort or prevent competition. This paper aims to elucidate the concept of restrictive agreements as a form of competition infringement within the scientific, professional and businesslegal communities. The paper systematizes the definitions of this concept and examines the relevant laws and regulations governing it. Additionally, the paper will analyze and evaluate the efficacy of the Commission for the Protection of Competition, highlighting both its strengths and weaknesses in making decisions on the prevention of monopolies. Through an analysis of the commission’s decisions concerning companies operating within the territory of the Republic of Serbia, this paper identifies challenges and proposes solutions to enhance the Commission’s effectiveness.

The paper explores the intricate landscape of implementing food safety policies within the European Union (EU) context. Through an examination of key themes, including discretion and enforcement of policies, the EU’s problem-resolution strategies, and the concept of individualization that surpasses mere adherence to laws, the paper sheds light on the complexities and nuances inherent in ensuring food safety across the diverse member states. The paper scrutinizes the role of discretion in the enforcement of food safety policies within the EU. It delves into how regulatory bodies exercise judgment in interpreting and applying policies, taking into account the varying contexts and challenges faced by member states. The discussion highlights the need for a balanced approach that considers both uniformity in enforcement and flexibility to address specific regional or sectoral requirements. Further, the paper focuses on the EU’s problem-resolution strategies concerning food safety policies. It explores the mechanisms in place for identifying and addressing challenges that arise during the implementation phase. This includes an analysis of coordination among member states, collaboration with stakeholders, and the role of regulatory bodies in mitigating issues and fostering a harmonized approach to problem-solving. In the end, the paper introduces the concept of individualization, emphasizing how a diverse range of policies and practices exists beyond mere adherence to overarching laws. This section explores the unique approaches taken by member states in tailoring food safety policies to suit their specific circumstances. It investigates the benefits and potential challenges associated with such individualization, considering its impact on overall policy effectiveness and coherence.

In contemporary societies characterized by advanced information technology and widespread accessibility to various resources, social and psychological factors leading to adverse personal and societal consequences significantly influence minors, providing fertile ground for the emergence of juvenile delinquency. Juvenile delinquency is a serious problem for all contemporary societies, encompassing different forms of deviant behaviors among minors, including criminal acts that trigger legal proceedings and sanctions. Since there are a lot of theories and studies which focus on the distinctions between delinquency and criminality, this paper does not deal with that in greater detail. Instead, it focuses on elucidating juvenile delinquency as a foundational concept for understanding diverse forms of deviant behavior from criminal, psychological, and sociological perspectives. The paper identifies causes of juvenile behavior and early indicators for identifying young offenders. The primary research objective is to explore delinquency prevention strategies tailored to offenders. The examples illustrate the most frequent criminal acts perpetrated by reported, accused, and convicted minors, categorized by gender, age, and type of criminal sanction.

The 'code adjudicator' is a new statutory intervention in business-to-business disputes. They are Janus-faced, combining a statutory arbitration function with a regulatory remit. This paper is a detailed critique of the 'Pubs Code Adjudicator', which presides over the Pubs Code Regulations 2016 and intervenes in the contractual relationships between the largest pub-owning companies and their tied tenants. Drawing on a sample of interviews with affected tenants, arbitration data, and legal appeals under the Arbitration Act 1996, we argue that – although these 'new intermediaries' show promise – there are a series of limitations with both the function of the Pubs Code Regulations and the 'code adjudicator' model itself. In particular, our findings demonstrate the use of delaying tactics, the interaction of code adjudication with the parties' existing contractual relationships, and issues with the application of arbitration 'burden of proof' standards to the exercise of duties under the statutory code. [ABSTRACT FROM AUTHOR]

Emission trading policies can provide environmental incentives for businesses, leading to a reduction in pollution emissions and promoting sustainable environmental development. Previous research indicated the significant impact of market-based environmental regulations on emission reduction by businesses, however, there is a lack of in-depth examination from the perspective of overall corporate management efficiency. In this study, we conducted research using the 2007 SO2 emission trading pilot program as a quasi-natural experiment to investigate the mechanisms and effects of emission trading systems on corporate resource allocation efficiency. The study found that the implementation of emission trading systems significantly improves corporate resource allocation efficiency. Furthermore, through market regulation and administrative supervision mechanisms, corporate resource allocation efficiency can be further enhanced. However, emission trading systems have heterogeneous effects on resource allocation efficiency, with a stronger promotion effect on optimizing resource allocation in cases of greater financing constraints and higher levels of corporate governance. This study provides important policy insights for further promoting market-based environmental regulation reforms and improving corporate resource allocation efficiency. [ABSTRACT FROM AUTHOR]

A summary is presented of the 2022 Amendments to the Uniform Commercial Code in the U.S., highlighting amendments on several topics including security interests in controllable electronic records (CERs), negotiable instruments and hybrid transactions.

Regulation (EU) No. 2283/2015 on novel foods (NFR) defines the legal framework applicable to the majority of food innovations in the European Union. Following a risk analysis approach, the NFR requires pre-market authorization for foods not available on the European market before 1997, to assess the potential threats to human health and consumers' interests. The NFR's regulatory scope requires identification of certain factors which constitute a presumption of risk in innovative products and processes. We refer to such factors as "risk triggers". This paper shows that 'Legal Novelty' and 'Unnaturalness' are the main risk triggers associated with novel foods, even though the link between 'Legal Novelty' and 'Unnaturalness' and a clear risk for consumers' interests, human health or the environment is not evident per se. Novel foods, compared to non-novel food products, are thus subject to additional regulatory requirements investigating their safety. Benefits derived from their market entry and adoption are therefore delayed, or even lost. As a consequence, the innovation process in the food sector, which we identify as an implicit objective of the NFR, is potentially hindered. [ABSTRACT FROM AUTHOR]

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Business law includes contractual, labor, corporate, tax and other relations. However, the purpose of the study is to highlight and analyze only few interesting issues since it is physically impossible to cover all its aspects within the framework of one article. First of all, it is necessary to determine the legal basis for doing business in Germany and then -- the features of starting and doing business. Therefore, this paper serves as a concise methodological guide to the regulation of the business environment in Germany. In this sense, the study examines the legal forms of doing business recognized in Germany, the legal possibilities for establishing various contractual or labor relations with contractors, as well as the grounds for corporate or private liability in case of violation of the rules. Model of corporate governance, external liability and internal corporate governance issues are of particular interest in Germany. The study confirms that the basis for regulation of various aspects of doing business in Germany is specific. The principle of direct corporate liability to creditors is common in Germany but the principle of piercing the corporate veil is allowed if the relevant prerequisites are present. However, business contracts in Germany are based on a narrow approach of contract terms regulation compared to the United States. Hearing of cases by specialized judges in Germany ensures a better and fairer judicial system in labor disputes. [ABSTRACT FROM AUTHOR]

This paper examines the interplay between media and criminal activities, highlighting the numerous stereotypes and misconceptions about criminality that often originate from the media’s construction of reality, driven by sensationalism and profit-seeking. In scrutinizing the media’s engagement with criminal matters, the paper comprehensively analyzes the intricate dynamic between providing informative content and the allure of sensationalism. The paper accentuates the pivotal role of the media in disseminating information to the public, promoting justice, and stimulating discourse on the causal factors and repercussions of criminal behavior. The paper underscores the adverse societal impacts of the media, including the propagation of disinformation, the endorsement of violence and aggression, the cultivation of media dependency, and the ramifications for mental health. It meticulously explores the dissemination of false news, identifies sources of disinformation, and formulates strategies to mitigate this predicament. The nexus between the media’s portrayal of violence and tangible instances of aggressive conduct is scrutinized, delving into industry self-regulation and the roles played by family, education, and society in addressing this issue. Furthermore, the paper conducts an in-depth analysis of how the media portrays criminal activities, with a particular emphasis on popular television genres centered on criminal themes. It elucidates the psychological dimension of the appeal of such narratives, offering insights into diverse motivators prompting viewers to identify with criminal acts. In conclusion, the paper presents an empirical research into the perceptions of citizens in Serbia concerning the influence exerted by both legacy and new media.

Payment card forging and high-tech crime are deeply rooted problems in today’s society. These sophisticated forms of crime utilize advanced techniques and high-tech tools to illegally access financial resources and commit fraud. Payment card forgery involves the creation of fake copies of debit or credit cards with the intent of conducting illegal financial transactions. Access to card data is achieved through various methods, including skimming (illegally collecting card data), phishing (fraud through fake emails or web pages), or the physical theft of cards. Simultaneously, high-tech crime encompasses a wide range of activities aimed at the misuse of digital technologies and networks to achieve financial gain or harm to individuals, companies, or states. These crimes often include computer fraud, cyber-attacks, and digital fraud. This paper aims to highlight the importance and seriousness of payment card forgery, explore different methods and patterns of these criminal activities, and emphasize their specific connection with high-tech crime. Different methodologies were applied in the research including quantitative and qualitative content analysis, comparative analysis, as well as descriptive and analytical statistics. The obtained results clearly indicate the growing importance of this problem both in the legislative and in the criminological contexts, with a constant increase in the number of committed criminal acts. Additionally, the research highlights the inextricable link between payment card forgery and various forms of high-tech crime, which often intertwine and together constitute an overarching challenge to the justice system and the security of society. Finally, the paper will consider various strategies and methods that society and the state can use to counter the spread of these criminal activities. The ultimate goal is to preserve the safety and integrity of the financial system and protect the interests of individuals.

Local self-government is a form of decision-making and governance in local communities established on smaller parts of state territories. It is exercised either directly by its citizens, or by their elected representatives, as well as by other local bodies. The local authority, executed by local bodies, theoretically represents the government of citizens in local communities. Local self-government can be considered as the basic organization of power, and the history of constitutionalism cannot be imagined without it. In this paper, the authors first present the basic characteristics of self-government. These include: 1) the existence of a defined scope for certain local self-government activities, executed by local government bodies without interference from the central government; 2) citizens’ entitlement to choose their representatives in local communities through direct elections or to be directly involved in making decisions on important topics of interest to the local community; 3) local institutions’ independence in terms of their organization and personnel; 4) local selfgovernment having its own independent financing sources (taxes, own property); 5) local autonomy protected by the constitution and laws to ensure the unobstructed work of local self-government. In this paper, the authors analyze the elements of the constitutional position of local self-government in Serbia, including its concept, the method of decision-making, jurisdiction, the right to self-organization, and the protection of local self-government.

The subject of this paper is a type of letter of credit that is not commonly encountered in the practices of domestic banks. It is not specifically regulated by domestic legislation; however, its significance is expected to grow in the international business relations of our businessmen with companies from other countries where the use of this payment security instrument is common in the banking industry. This type of letter of credit is theoretically of disputed legal nature, raising questions about whether it qualifies as a letter of credit, a type of guarantee, or a distinct legal institute. The focus of the research is on the standby letter of credit as a security measure in international contractual relations, particularly in sales and construction contracts. In sales contracts, the standby letter of credit serves to secure the interests of the seller, while in construction contracts, it can secure interests of both the client the contractor, depending on the party for whose benefit it was issued. The paper aims to define the standby letter of credit, explain its role in protecting the rights and interests of contracting parties, and explore its legal nature. In particular, we will conduct a comparative analysis between this legal institute and a ‘classic’ documentary letter of credit and a bank guarantee. In our legal theory, and to a greater extent in American and English legal theory, there are numerous works that deal with the topic of standby letters of credit. However, the legal regulations related to banking operations have changed over time, which requires a fresh perspective. The goal of this work is to familiarize our companies and banks engaged in transactions with foreign entities, where the issuance of this type of letter of credit is customary, with the role of a standby letter of credit as an instrument for ensuring contractual obligations. In addition to that, the paper aims to explore the legal relationships established with this type of letter of credit.