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2. THE LEGAL PROTECTION OF ARTIFICIAL INTELLIGENCE-GENERATED WORK: THE ARGUMENT FOR SUI GENERIS OVER COPYRIGHT.
- Author
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Massadeh, Firas, Alnusair, Fayez, Mahdi Massadeh, Ali Abdel, and Ismail, Mahmoud
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ARTIFICIAL intelligence ,COPYRIGHT ,COMMERCIAL law ,INTELLECTUAL property reform ,HUMAN-computer interaction - Abstract
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]
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- 2024
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3. THE APPLICATION BASIS OF INTERNATIONAL TRADE LAW RULES BEFORE NATIONAL JUDICIARY: A JORDANIAN LEGAL PERSPECTIVE.
- Author
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Rayyan, Ihab Fahmi, Abu Hazeem, Mohammad Shaher, and Alamawi, Mohammad Ali
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INTERNATIONAL trade ,JUSTICE administration ,JUDGES ,COMMERCIAL law ,CONTRACTS ,CONFLICT of laws - Abstract
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.)
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- 2024
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4. Closing the Legal-Technical Gap in Digital Trade.
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Joneidy, Sina, Rahimian, Farzad, and Arciszewski, Tomasz
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INTERNET marketing ,COMMERCIAL policy ,TECHNOLOGICAL innovations ,COMMERCIAL law - Abstract
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]
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- 2024
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5. Network utility price regulation in Australia in the pre-first world war years.
- Author
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Abbott, Malcolm
- Subjects
WORLD War I ,MARKET power ,PRICE levels ,ELECTRIC utilities ,PRICE regulation ,GAS companies ,GOVERNMENT policy ,COMMERCIAL law - Abstract
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]
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- 2024
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6. THE SUPREME COURT "PULLED A BRODIE": SWIFT AND ERIE IN A COMMERCIAL LAW PERSPECTIVE.
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Zywicki, Todd J.
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COMMERCIAL law ,CONTRACTS ,APPELLATE courts ,CONSTITUTIONAL courts ,AMERICAN law - Abstract
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]
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- 2024
7. The right to freedom to choose the type of business: The case of VietNam.
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Lam NGUYEN VAN and Quang VU
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LAW enforcement ,COMMERCIAL law ,COMPARATIVE law ,ECONOMIC activity - Abstract
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.)
- Published
- 2024
- Full Text
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8. INDEPENDENCE OF THE JUDICIARY AS A PATH AND A GOAL – THE VOICE OF THE PROFESSION
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Valerija Dabetić
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judiciary ,judges ,guarantees of judicial independence ,thematic analysis ,Serbia ,Criminal law and procedure ,K5000-5582 ,Civil law ,K623-968 ,Commercial law ,K1000-1395 - Abstract
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.
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- 2024
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9. DETERMINANTS OF EFFECTIVE TAX RATES OF PUBLIC ENTERPRISES AS AN INDICATION OF TAX AVOIDANCE ON PROFIT TAX
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Goranka Knezevic, Vladimir Ristanović, and Vladan Pavlovic
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public enterprises ,effective tax rates ,tax avoidance ,Criminal law and procedure ,K5000-5582 ,Civil law ,K623-968 ,Commercial law ,K1000-1395 - Abstract
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.
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- 2024
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10. RELATIONSHIP BETWEEN ECONOMIC AND ORGANIZED CRIME IN MODERN SOCIETY
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Marija Jakovljević
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economic crime ,organized crime ,criminal offenses ,modern society ,criminal groups ,criminal activities ,Criminal law and procedure ,K5000-5582 ,Civil law ,K623-968 ,Commercial law ,K1000-1395 - Abstract
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.
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- 2024
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11. RESTRICTIVE AGREEMENTS AS A FORM OF COMPETITION VIOLATION IN SERBIA – THEORY AND PRACTICE
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Andreja Todorović, Blagojević Bojan, and Popović Andrija
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Restrictive agreements ,Commission for the protection of competition ,violation of competition ,Criminal law and procedure ,K5000-5582 ,Civil law ,K623-968 ,Commercial law ,K1000-1395 - Abstract
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.
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- 2024
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12. IMPLEMENTATION OF FOOD SAFETY POLICY IN THE ЕUROPEAN UNION – GUIDANCE, VARIETY, AND RESOLUTION OF CHALLENGES
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Nikola Puvača and Bojan Vapa
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European Union ,food safety ,European policy ,guidelines ,regulations ,directives ,Criminal law and procedure ,K5000-5582 ,Civil law ,K623-968 ,Commercial law ,K1000-1395 - Abstract
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.
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- 2024
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13. THE ETIOLOGY OF JUVENILE DELINQUENCY
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Jelena Jarić
- Subjects
juvenile delinquency ,causes of criminal behavior ,early indicators for identifying young offenders ,delinquency prevention ,Criminal law and procedure ,K5000-5582 ,Civil law ,K623-968 ,Commercial law ,K1000-1395 - Abstract
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.
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- 2024
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14. Editorial.
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Beckett, Simon
- Subjects
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EXTERIOR walls , *INSURANCE , *JAPANESE knotweed , *BUILT environment , *COMMERCIAL law - Abstract
The Journal of Building Survey, Appraisal & Valuation's editorial highlights several research papers on various topics. These include a methodology for assessing the moisture performance of renders used in a novel walling system, an assessment of the Access to Neighbouring Land Act 1992, a hygrothermal risk assessment of external wall insulation, an objective view of Japanese knotweed and other invasive non-native plants, an analysis of the duties and responsibilities of party wall surveyors, and the use of three-dimensional unwelded fiber reinforcement for protection against damage caused by impact. The editorial also invites submissions for future publications. [Extracted from the article]
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- 2024
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15. President's message.
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Hill, Sarah
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CONTRACTS ,COMMERCIAL law ,COPYRIGHT ,DAMAGES (Law) ,PRESIDENTIAL messages - Abstract
The article is a message from the President of the Commercial Law Quarterly (CLA) discussing the recent Judges series at the CLA. The 14th annual series featured presentations by Hon Justice Anthony Payne on 'How do companies think?' and Hon Justice Ian Jackman on 'Is cryptocurrency property?'. The article also mentions seminars by Hon Justice Elisabeth Peden on recent developments in the NSW Supreme Court Equity Division and contractual damages. The President encourages readers to download the seminars from the CLA website. The article concludes by mentioning the upcoming 60th anniversary of the CLA and hints at future celebrations. [Extracted from the article]
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- 2024
16. DEVELOPMENT OF E-COMMERCE TRANSACTIONS AND ITS INFLUENCE ON LABOR ABSORPTION.
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Pujiyanto, Rahmat and Ratnasih, Cicih
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YOUNG adults ,ELECTRONIC commerce ,DIGITAL technology ,ONLINE shopping ,COMMERCIAL law - Abstract
Global online retail is experiencing rapid growth, as reflected in the value of e-commerce, which is estimated to have grown by over 230 percent to $4.48 trillion, or Rp60.467 trillion, in 2021, from just $1.8 trillion in 2014. Online shopping has now become a popular pastime worldwide, particularly among young people. In addition to exciting new experiences, the prices of purchased items are also cheaper compared to traditional shopping. This sort of research is qualitative, utilizing secondary data obtained through literature reviews and statistical data. The research findings indicate that the value of e-commerce grew by over 230 percent to $4.48 trillion, or Rp60.467 trillion, in 2021, from just $1.8 trillion in 2014. In 2020 alone, the total turnover of the Asian continent reached $1.7 trillion USD. Moreover, this growth is projected to continue increasing in 2025, with an expected 51% increase to $2.5 trillion. China had sales of $1.3 trillion and is projected to grow to nearly $2 trillion by 2025. These figures exceed sales in Europe and North America. In 2020, the turnover of the European continent was $460 billion and North America was $588 billion. These values are significantly lower compared to China's sales. E-commerce in Indonesia also experienced strong growth since the beginning of 2020 due to the pandemic. The trading business grew by around 33% in 2020, and its main value increased rapidly from Rp 253 billion to Rp 337 billion. The role of business law in e-commerce transactions applies similarly to other purchasing and trading activities. With regulations in place regarding this matter, legal certainty is provided for the conduct of electronic transactions in Indonesia and internationally. [ABSTRACT FROM AUTHOR]
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- 2024
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17. "SHOW ME THE MONEY": THE SEC'S USE OF DISTRIBUTION AS A TOOL FOR INVESTOR PROTECTION.
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NEWTON, COLEMAN GILKEY
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DODD-Frank Wall Street Reform & Consumer Protection Act ,EMPLOYEE Retirement Income Security Act of 1974 ,CIVIL penalties ,CIVIL restitution ,DISTRICT courts ,COMMERCIAL law ,DISCLOSURE laws ,INSIDER trading in securities ,SECURITIES lending - Abstract
The article titled "SHOW ME THE MONEY": THE SEC'S USE OF DISTRIBUTION AS A TOOL FOR INVESTOR PROTECTION" discusses the Securities and Exchange Commission's (SEC) use of distribution as a tool for investor protection. It highlights the importance of disgorgement and distribution in SEC enforcement actions and the impact of recent developments on the SEC's ability to seek disgorgement. The article also presents recommendations for the SEC to prioritize beneficial distribution to harmed investors and continue aggressively pursuing disgorgement of ill-gotten profits. The background on securities regulations and the establishment of the SEC are also discussed. [Extracted from the article]
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- 2024
18. The Company Law Analysis using the (COPRAS) Method.
- Author
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Sivaji, Chinnasami, Ramachandran, M., Sharma, Ramya, and Chinnasamy, Sathiyaraj
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CORPORATION law ,EMPLOYMENT ,COMMERCIAL law ,MEMBERSHIP ,INDUSTRIAL management - Abstract
Company law is a crucial area of expertise or employment for experts in company secretarial work. The different provisions of the Companies Act, as well as its schedules, rules, notices, and circulars, as well as secretarial practice and case laws, are covered in-depth in this section. According to the law, a business is a body corporate with a different legal identity, status, and personality from the individuals who make up its membership. A company is, in the legal sense, a grouping of human and artificial beings that has been officially established by a nation's law. According to Indian law, there are seven different types of corporations: partnerships, limited liability companies, sole proprietorships, private limited companies, and public businesses (LLP). The list of types of businesses is below. The current law, the Companies Act of 1956, is made up of 15 Schedules and 658 provisions. There are 464 sections and 7 sections in the 2013 Companies Act. The Act includes fewer provisions since non-prescriptive regulations continue to control businesses. The Act's provisions served as the foundation for the notes that follow. company law Company law, also referred to as business law or company law, is the body of legislation that governs how businesses are formed, managed, and operated, as well as any associated rules, regulations, laws, and practices. Simply defined, corporate law deals with every legal problem that a business encounter. A Research's relevance is determined by the study itself. It speaks to the study's significance and contribution to a particular area of research. The emphasis is on who and how research findings are beneficial. It facilitates corporate success. We can use it to bolster truths and disprove lies. It serves as a tool for identifying, evaluating, and seizing opportunities. It encourages a love of reading and confidence in writing, analysis, and sharing important information. Leanne Zara emphasizes that "the major goal of research is to direct impact on people, prove a theory, as well as contribute to the advancement of knowledge in the subject of study" while discussing the significance of research. 4 Studies are the basis of information for the purpose of understanding and the primary source of providing laws or guidelines for managing various social, business, or governmental problems. A thorough research provides learners with critical thinking abilities, effective analysis, and research. It is a varied, systematic education that aids in effectively comprehending new advancements in one's specialty. The COPRAS-G method requires identifying selection criteria, evaluating information related to these criteria, and developing methods to evaluate Meeting the participant's needs Criteria for doing in order to assess the overall performance of the surrogate. Decision analysis involves a Decision Maker (DM) Situation to do consider a particular set of alternatives and select one among several alternatives, usually with conflicting criteria. For this reason, the developed complexity proportionality assessment (COPRAS) method can be used. Alternative Taken as Artificial person, Membership, Incorporated Association, Separate legal Existence and Perpetual Succession. Evaluation Parameters Taken as Common Seal, Limited Liability, Share Transfer, Maintenance of Account books, Audit of Accounts. Company law Membership is got the first rank whereas is the Incorporated Association is having the Lowest rank. Membership is got the first rank whereas is the Incorporated Association is having the Lowest rank. [ABSTRACT FROM AUTHOR]
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- 2024
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19. Institutionalization of rights and responsibilities of the opposition in parliament – A comparative European perspective
- Author
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Balint Pasztor
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constitutional democracy ,parliamentary opposition ,constitutional guarantees ,consensual political culture ,institutional trust ,Criminal law and procedure ,K5000-5582 ,Civil law ,K623-968 ,Commercial law ,K1000-1395 - Abstract
The subject of this study is an analysis of different normative solutions and degrees of institutionalization of the role of the opposition in parliaments across a number of European states, ranging from stipulation in the parliamentary rules of procedure to formal recognition of the opposition in the constitution of the state. Balance of the parliamentary political power as well as acknowledgement of the legitimate role of opposition ensures prerequisites for democratic social dialogue and active participation of responsible citizens in the processes of strengthening institutions of representative democracy. Therefore, only consensual political culture contributes to the political trust that citizens place in political institutions. Although there is no universally adopted model that defines the role of the parliamentary majority and opposition, it is undeniable that the post-democracy era requires a redefinition of basic concepts, such as parliamentary majority and opposition, as well as the role of parliament. The scope of the analysis is limited to a comparative overview of constitutional solutions that guarantee the rights of the opposition and the legal framework regulating the part of the rights of parliamentary opposition, which are realized in the process of creating policies. The aim of the paper is to strengthen mechanisms of parliamentary democracy and, in particular, to strengthen trust in the work of the National Assembly of the Republic of Serbia, as only through the effective implementation of European experiences can public trust be built and standards of political culture be improved. Methodologically, the comparative approach is complemented by the analysis of comments and interpretations of constitutional acts, laws, rules of procedure, as well as recommendations of the Venice Commission.
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- 2024
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20. REASONS AND FORMS OF LEGAL HERMENEUTICS
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Dejan Logarušić, Milan Rapajić, and Darko Golić
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interpretation of law ,hermeneutics ,legal norms ,value judgements ,theory of law ,Criminal law and procedure ,K5000-5582 ,Civil law ,K623-968 ,Commercial law ,K1000-1395 - Abstract
Hermeneutics, or interpretation, can be defined as a procedure to clarify something that is incomprehensible, unclear or insufficiently understandable, insufficiently clear, and to interpret it to the level of comprehensibility. Hermeneutics can rightfully be called the art of understanding. Legal hermeneutics as an art is, in principle, a very complex process that can also be characterized as a process requiring the application of knowledge from various scientific fields. Legal knowledge, in the specific case of interpreting legal norms by procedural bodies, cannot be disputed. However, legal knowledge is not always sufficient to ensure adequate interpretation and application of law in a given case. The need for legal hermeneutics arises in situations where there is a discrepancy between the spirit and letter of a legal norm, when the legal norm is unclear, contradictory, ambiguous, or even polysemous, and of course, in situations where there is an absence of legal norms regulating a specific issue. The above indicates the importance and dimension of the application of legal hermeneutics as a timeless skill in the field of law and the application of legal norms. In line with the topic, the paper analyzes several important questions: how to define the term legal hermeneutics, what are the reasons leading to the need for legal hermeneutics, and finally, which characteristic forms of legal hermeneutics can be singled out and presented more closely, according to the criterion of means or methods of interpretation.
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- 2024
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21. OBLIGATION TO UPDATE DIGITAL PRODUCTS IN DELIVERY AGREEMENTS
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Ratko Ivković and Milan Ječmenić
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delivery agreement ,digital products ,updating obligation ,consumer ,supplier ,Criminal law and procedure ,K5000-5582 ,Civil law ,K623-968 ,Commercial law ,K1000-1395 - Abstract
The aim of this paper is to analyze the legal obligations to update digital products within the context of contracts for the supply of digital content and digital services. Through a legal analysis of the provisions of the German Civil Code relevant to this obligation, the study explores the specificities that make this requirement distinctive for digital products. The research methodology includes a qualitative analysis of legal texts and relevant literature to identify key elements and challenges in the implementation of the obligation to update. The findings reveal that suppliers are legally obliged to provide updates for digital products even when such an obligation is not explicitly stipulated in the contract. This research contributes to a better understanding of the legal aspects of updating digital products and provides a foundation for future legislative initiatives and practical guidelines for suppliers.
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- 2024
- Full Text
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22. CRIMINAL OFFENSE OF INCITING NATIONAL, RACIAL, AND RELIGIOUS HATRED AND INTOLERANCE
- Author
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Adrian Borka
- Subjects
hatred ,Republic of Serbia ,intolerance ,criminal legislation ,criminal offense ,Criminal law and procedure ,K5000-5582 ,Civil law ,K623-968 ,Commercial law ,K1000-1395 - Abstract
In our region, multi-ethnicity, multi-confessionalism, and multilingualism are common phenomena, and therefore the challenges they face are not exceptions. With the emancipation and transition of countries in the region, accession to the European Union, states have brought new legislative frameworks in which they have recognized long- standing personal characteristics of their citizens, provided protection for these characteristics, and criminalized attacks based on these personal characteristics, as well as incitement of hatred and intolerance based on the same. This paper presents the criminal offense of inciting national, racial, and religious hatred and intolerance, within the framework of constitutional and particularly criminal law. Special attention is paid to the analysis of the legal framework and the provision of the offense in the legislation of the Republic of Serbia, the actions and methods of committing this criminal offense. Additionally, attention is given to the analysis of motives and reasons, as well as the consequences of committing this offense, questions of causality and possibilities of concurrence with other criminal offenses. Some important characteristics of this criminal offense are also discussed, such as: place, object, time, perpetrator, and form of guilt for the execution of the crime.
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- 2024
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23. UNDERAGE MARRIAGE – A COMPARATIVE ANALYSIS
- Author
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Dalibor Krstinić, Milan Počuča, and Nebojša Šarkić
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underage marriage ,underage ,legal legislation ,Republic of Serbia ,France ,England ,Criminal law and procedure ,K5000-5582 ,Civil law ,K623-968 ,Commercial law ,K1000-1395 - Abstract
Underage marriages represent a specific form of marriage, established between underage partners, one or both of whom are minors. Underage marriage is a complex social phenomenon that withstands social changes, highlighting the relevance of this topic. The aim of the research of this paper is to look at the legal solutions concerning underage marriage in the Republic of Serbia with special reference to the legislations of France, England, Germany, Romania and Poland. By using the normative method, the authors will analyze the provisions of the most important laws that are relevant to the topic in the mentioned countries, while comparative analysis will reveal similarities and differences on issues related to underage marriage. Drawing on research that has examined the prevalence of underage marriages worldwide, the authors will present these findings to gain insights into the “real-life” situation, i.e., the prevalence of these marriages.
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- 2024
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24. MOBBING AS RETALIATION AGAINST WHISTLEBLOWERS
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Aleš Pachmann and Tomáš Klůs
- Subjects
whistleblower ,retaliation ,mobbing ,Criminal law and procedure ,K5000-5582 ,Civil law ,K623-968 ,Commercial law ,K1000-1395 - Abstract
Directive (EU) 2019/1937 of the European parliament and of the Council of 23 October 2019 on the protection of persons who report breaches of Union law prohibits retaliation against whistleblowers, particularly in the form of coercion, intimidation, discrimination, unfavorable or unjust treatment. This potential of relation to EU anti- discrimination legislation is not entirely clear. The current limited judicial practice from the Czech Republic still lacks clear answers. The aim of this paper is to assess and analyze the relationship between EU legislation on whistleblower protection and anti-discrimination legislation.
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- 2024
- Full Text
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25. The Disappearance of a Natural Person Who Is a Sole Proprietor (Self-Employed)
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Alexandra Löwy, Karin Raková, and Paweł Lewandowski
- Subjects
Commercial Law ,Business Activity ,Missing Person ,Responsibility for Obligations ,Law ,Law of Europe ,KJ-KKZ - Abstract
The disappearance of a natural person, especially when he or she is also a sole proprietor of a business, causes legal problems. Such situations are not directly regulated by legal acts, i.e., the legislators do not refer to the impact and consequences of the disappearance on the performed business activity. Meanwhile, the fact that a sole proprietor goes missing may have a negative impact on his or her situation, including the content of the obligations binding on him or her. This paper discusses how the relatives, in particular the spouse of the missing person, may behave in such circumstances. The considerations carried out concern Polish law and Slovak law, as there is no specific regulation of the declaration of missing person who is a sole proprietor introduced on the model of foreign regulations, the article places emphasis on the comparison of both selected regulations. The conclusion indicated that until the missing person is recognised as dead, family members or other relatives do not have any competence to take any action on behalf of the missing sole proprietorship circumstances, other entities may operate, i.e., attorney-in-fact, proxy, according to Polish law custodian established pursuant to Art. 184 of the Family Code, the custodian established pursuant to Art. 144 of the Code of Contentious Civil Procedure, or prosecutor. Similarly, under the Slovak law, until the missing person is declared dead, a guardian, or a representative appointed by the court pursuant to Section 68 of the Civil Procedure Code, acts for such person.
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- 2024
- Full Text
- View/download PDF
26. WOMEN OF THE YEAR.
- Author
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CADDELL, NATHAN, HIROSE, ALYSSA, WOOLLARD, JESSICA NATALE, RAHMAN, RUSHMILA, and WEBSTER, RILEY
- Subjects
GREAT men & women ,MARKETING ,BUSINESSPEOPLE ,MENTAL health services ,COMMERCIAL law ,INDIGENOUS peoples ,FIRST Nations of Canada ,EMPLOYEE training ,STEAM education - Abstract
This article highlights the winners and runners-up of the 2024 BCBusiness Women of the Year awards, showcasing their accomplishments and contributions to their respective industries. The winners include Ingrid Jarrett, Angela Doro, Shelley Gray, Aki Kaltenbach, and Becky Brauer, who have overcome challenges to achieve success. The article also features Jennifer Smith, the president and CEO of Everything Podcasts and founder of OutTV, who is passionate about storytelling and supporting the queer community. Additionally, the article introduces several individuals in Vancouver who are making significant contributions in fields such as venture growth strategy, textile waste repurposing, schoolyard gardens, wellness and trauma healing, clean supplements for children, and support for survivors of domestic violence. These individuals are working towards creating a more inclusive and sustainable future in their communities. [Extracted from the article]
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- 2024
27. How Standing Mediators Can Add Value in M&A Deals.
- Author
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Basile, Joe
- Subjects
MERGERS & acquisitions ,CONTRACTS ,COMMERCIAL law - Abstract
This article discusses the concept of a "standing mediator" in the context of long-term business relationships, particularly in M&A transactions. Unlike an ad hoc mediator who is brought in after a dispute arises, a standing mediator is engaged before any dispute occurs and works to prevent disputes from arising in the first place. The article argues that appointing a standing mediator can be beneficial in M&A deals as it allows for better preparation, problem-solving, and trust-building between the parties. The author suggests that M&A deal lawyers should consider recommending the use of standing mediators in suitable circumstances to enhance the success and efficiency of the parties' relationship. [Extracted from the article]
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- 2024
28. ANNUAL SPRING MEETING.
- Subjects
BANKRUPTCY reorganization ,BUSINESS development ,LEGAL professions ,COMMERCIAL law ,BANKRUPTCY lawsuits ,FINANCIAL crises - Abstract
This document is a directory of sponsors and partners for the Annual Spring Meeting in Washington, DC. It provides information about various organizations and their services, including intellectual property, bankruptcy, restructuring, legal counsel, and financial solutions. The directory lists law firms and consulting companies specializing in bankruptcy, insolvency, and restructuring, offering strategic advice and administrative services. These firms have experience in handling various bankruptcy-related matters and have a track record of successfully representing clients. Young Conaway is a law firm with a strong focus on restructuring and bankruptcy cases, offering comprehensive legal solutions for clients in various distressed situations. [Extracted from the article]
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- 2024
29. Green turtles illegal trade based on commercial law and state administrative law perspectives.
- Author
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Siahaan, Nomensen Freddy and Wati, Agustina
- Subjects
COMMERCIAL law ,GREEN turtle ,SUSTAINABILITY ,MARINE ecology ,BIOLOGICAL extinction - Published
- 2024
- Full Text
- View/download PDF
30. SIMULATED LEGAL EXERCISES: DEVELOPING REAL-WORLD EXPERIENCES IN THE BUSINESS LAW CLASSROOM.
- Author
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SWAIN, ANDREW W.
- Subjects
COMMERCIAL law ,SIMULATION methods & models ,TEACHING ,EXPERIENTIAL learning ,TEACHING methods - Abstract
Post-secondary academics commonly subscribe to the belief that, because new college- or graduate-level instructors were once students, they intuitively know how to conduct lectures, plan and direct classroom and homework activities, engage students in problem-based classes and simulations, and so forth. This is only partially true at best. The lack of pedagogical training and knowledge is a problem faced by many new full-time academics who begin teaching either immediately after finishing their own post-secondary education or, like myself, later in life, as a second career. The crux of this Article is my realizing my need for pedagogical knowledge for teaching undergraduate and graduate courses, my acquiring it, and my using it to develop and improve mock, in-class jury exercises that are done in a way comporting with experiential learning methods and allow my business law students to have real-world legal experiences. Through a few personal anecdotes, I want to impart practical wisdom to new post-secondary educators regarding pedagogical development and implementation. This Article has three goals--first, to underscore the importance of stories in encouraging educators to strive for classroom improvement; second, to serve as an educational tool regarding how to improve one's classroom instruction, particularly in the realm of simulated legal exercises; and third, to provide business law instructors with a mock-jury exercise that they can use without alteration or addition, modify to their needs, or use for guidance in developing their own exercises. [ABSTRACT FROM AUTHOR]
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- 2024
31. TOP DIRECTED, BOTTOM DRIVEN: Subaru Tackles Waste.
- Author
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Gingerich, Elizabeth
- Subjects
EXECUTIVES ,COMMERCIAL law ,BUSINESS hours - Published
- 2024
32. MINIMUM WAGE – THE RULE INSTEAD OF THE EXCEPTION IN THE LABOR MARKET
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Vladimir Radovanović and Jelena Radovanović
- Subjects
earnings ,minimum wage ,minimum price of work ,employment relationship ,Criminal law and procedure ,K5000-5582 ,Civil law ,K623-968 ,Commercial law ,K1000-1395 - Abstract
The issue of the minimum wage has been attracting attention for many years, not only from experts, but also from the general public. Determining the minimum wage in every country, including Serbia, aims to establish minimum standards for personal income and combat poverty. The basic feature of the minimum wage is that it is a temporary measure, lasting up to 6 months, as a response to an employer’s poor financial performance, and as such it represents an extraordinary measure, which should be abolished upon returning to the normal economic conditions. Upon resuming normal business operations, the employer is required to compensate employees for the shortfall, ensuring they receive their contracted salary in full. However, instead of the minimum wage being an exception, used only in extraordinary circumstances, it has now become commonplace in the labor market, challenging the original concept of the minimum wage and raising questions about its effectiveness. This paper aims to examine the concept of wage and minimum wage in Serbia, along with its practical implications in the domestic labor market.
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- 2024
- Full Text
- View/download PDF
33. INFLUENCE OF BIO-CLIMATIC CONDITIONS OF MOUNT ZLATIBOR ON HEALTH TOURISM
- Author
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Goran Stojićević and Sunčica Ivanović
- Subjects
Zlatibor ,bioclimatic conditions ,health ,tourism ,Criminal law and procedure ,K5000-5582 ,Civil law ,K623-968 ,Commercial law ,K1000-1395 - Abstract
Introduction: Bioclimatic conditions are of great importance for all forms of tourism, especially for health tourism, as they should encompass therapeutic and prophylactic characteristics. Over the last three decades, tourism in Zlatibor has been continuously growing in terms of tourist numbers and the development of tourist infrastructure. This paper presents the bioclimatic and climatic conditions on Mount Zlatibor from the perspective of their impact on tourism. More precisely, it examines their influence on tourist movements on this mountain and their significance for the development of health tourism. Materials and Methods: Research data were obtained through the analysis of temperature, air pressure, humidity, insolation, and precipitation levels. Based on these data, physiological equivalent temperature (PET) values and the universal thermal climate index (UTCI) were calculated. Results: The obtained results of bioclimatic indices (PET and UTCI) indicate potential stress due to extreme cold in the mornings and evenings from late October to the second decade of March. Pleasant warmth prevails during the summer months in the mornings and evenings. In terms of health, the climate of Zlatibor is suitable for maintaining health, as well as for treating various lung diseases, anemia, heart and blood vessel disorders, especially thyroid disorders. Bioclimatic conditions closely correlate with tourist movements on Zlatibor, as evidenced by climate data and the results obtained from PET and UTCI calculations. Conclusion: Comparing tourist numbers over a five-year period reveals that bioclimatic conditions significantly influence Zlatibor’s peak tourist season, which occurs during the summer months. This period offers the most favorable bioclimatic conditions, attracting the highest number of visitors to the mountain, especially those seeking health and recreational activities.
- Published
- 2024
- Full Text
- View/download PDF
34. Is cryptocurrency property?
- Author
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Jackman, I.
- Subjects
COMMERCIAL law ,BLOCKCHAINS ,LEGAL history ,GOVERNMENT policy ,LEGAL remedies ,CRYPTOCURRENCIES ,PERSONAL property - Abstract
This article explores the question of whether cryptocurrency can be considered property. It discusses the legal principles and issues surrounding the classification of cryptocurrency as property, referencing judicial analysis from different jurisdictions. The article highlights that cryptocurrency has been recognized as property in the UK, Singapore, and Canada, and discusses the Australian approach to cryptocurrency as property. It argues that cryptocurrency meets the criteria of being actively bought and sold, definable, identifiable, assumable, and permanent, making it analogous to other forms of property. The article suggests that the common law method is better suited to handle technological innovations like cryptocurrency. [Extracted from the article]
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- 2024
35. How do companies think?
- Author
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Payne, Justice A.
- Subjects
LAW reform ,CORPORATE directors ,COMMERCIAL law ,WHITE collar crimes ,CORPORATE reform ,BRIBERY ,JURY ,PORTFOLIO managers (Investments) - Abstract
The article explores the concept of attributing a state of mind to companies and discusses the challenges of determining liability in corporate law. It examines the concept of a company as a separate legal person and the difficulties of attributing a single guiding mind to a corporation. The article also discusses the attribution of knowledge and intention in civil and criminal liability. It concludes by discussing potential developments in this area of the law, particularly in relation to artificial intelligence. The text emphasizes the need for new or improved rules to address the complexities of corporate behavior and the use of AI. [Extracted from the article]
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- 2024
36. Roberta Karmel, First Female SEC Commissioner, Dies at 86.
- Author
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Arnold, Laurence and Oster, Patrick
- Subjects
LEGAL professions ,COMMERCIAL law ,PRESIDENTIAL administrations ,LAW firms ,SEX discrimination ,COMMISSIONERS ,DISCRIMINATION lawsuits - Abstract
Roberta Karmel, the first woman to serve on the US Securities and Exchange Commission (SEC), has passed away at the age of 86. Karmel, a securities lawyer, was appointed by President Jimmy Carter in 1977. She was known for her criticism of the SEC's use of enforcement actions to make policy and her pro-business positions. Karmel's dissenting opinions and views often clashed with the SEC's enforcement staff. She later became a professor and wrote extensively on securities regulation. [Extracted from the article]
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- 2024
37. Food companies aren't ready to comply with traceability rule, says former FDA official.
- Author
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Casey, Chris
- Subjects
FOOD industry ,FOOD traceability ,COMMERCIAL law ,FOOD safety - Published
- 2024
38. Nigeria: Unilag's Commercial & Industrial Law Department Organises Annual Lecture in Honour of Prof Adeogun
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Commercial law ,College teachers -- Laws, regulations and rules ,Government regulation ,News, opinion and commentary - Abstract
The Department of Commercial & Industrial Law, University of Lagos will on Thursday, June 27, 2024 hold an Annual Lecture in honour of the memory of late Professor A.A. Adeogun. [...]
- Published
- 2024
39. DIFC Announces Consultation for Amendments to DIFC Law on Application of Civil and Commercial Laws
- Subjects
Commercial law ,Amendments (Parliamentary practice) -- Laws, regulations and rules ,Government regulation ,Business, international - Abstract
Dubai, UAE; 2 May 2024: Dubai International Financial Centre (DIFC), the leading global financial centre in the Middle East, Africa and South Asia (MEASA) region, proposes to enact amendments to [...]
- Published
- 2024
40. DIFC Announces Consultation for Amendments to DIFC Law on Application of Civil and Commercial Laws
- Subjects
Commercial law ,Amendments (Parliamentary practice) -- Laws, regulations and rules ,Government regulation ,Business, international - Abstract
Dubai International Financial Centre DIFC, the leading global financial centre in the Middle East, Africa and South Asia (MEASA) region, proposes to enact amendments to DIFC Law on the Application [...]
- Published
- 2024
41. Law and Economics of Justice : Efficiency, Reciprocity, Meritocracy
- Author
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Klaus Mathis, Avishalom Tor, Klaus Mathis, and Avishalom Tor
- Subjects
- Commercial law, European Economic Community, Private international law, Conflict of laws, International law, Comparative law, Law and economics
- Abstract
While previous volumes have examined specific issues and developments such as the coronavirus crisis or digital transformation from a law and economics perspective, the anniversary edition returns to the methodological and philosophical fundament of the discipline of law and economics. The present book aims to examine these foundations in general and, in particular, efficiency, reciprocity and meritocracy, and their relation to law and justice from an interdisciplinary perspective.Efficiency: Traditionally, the economic analysis of law has been guided by the goal of efficiency. Economists usually define efficiency as Pareto or Kaldor–Hicks efficiency. Any change that makes one member of society better off without anyone else being worse off is a Pareto improvement. A change is a Kaldor–Hicks improvement if the gainers value their gains more than the losers value their losses, with only hypothetical compensation required.Reciprocity: Economists have traditionally basedtheir models on the self-interest hypothesis of homo oeconomicus. In this model, an individual maximises his own utility without being altruistic or jealous. Behavioural economics challenges the self-interest hypothesis. In fact, many people deviate from purely self-interested behaviour. There are also signs that considerations of fairness and mutual benefit are important in bilateral negotiations and in the functioning of markets. Meritocracy: The concept of meritocracy refers to a system, organisation, or society in which people are selected and promoted to positions of success, power, and influence on the basis of their abilities and merits. This means that an individual is able to climb the social ladder through hard work. Moreover, meritocracy directs the most talented people into the most functionally important positions, thereby increasing a society's efficiency. However, the equalising function of meritocracy has been criticised. Rather than reducing inequality, meritocracy is seen as the cause of racial, economic and social inequality.
- Published
- 2024
42. Islamic Finance : New Trends in Law and Regulation
- Author
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Nadia Mansour, Lorenzo Bujosa, Nadia Mansour, and Lorenzo Bujosa
- Subjects
- Finance, Commercial law, Economics—Psychological aspects, Financial services industry
- Abstract
This volume discusses the new trends in law and regulation in Islamic finance. Islamic finance is a particular component of the global financial system and is very different from secular finance. To understand the development of Islamic finance, it is important to place it in the context of financial globalization. Islamic finance is a new force in the contemporary world financial system and is present in more than a hundred countries. The current generation of Muslim economic power is crowding into the world's financial currents with trillions in liquidity and is growing at a high rate of 10-15% per year. Islamic finance is coming into focus and is not confined to Islamic countries but is present in every larger Muslim community, which means that it cannot be isolated from the effects of financial globalization. This edited volume discusses the effects of global financial transactions in Islamic finance and how it impacts its law and regulation.
- Published
- 2024
43. Managing Environmental Risks Through Insurance : Legal and Economic Aspects
- Author
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Katarzyna Malinowska, Dorota Maśniak, Katarzyna Malinowska, and Dorota Maśniak
- Subjects
- Private international law, Conflict of laws, International law, Comparative law, Environmental Law, Law—Europe, Contracts, Common law, Commercial law, Environmental law, International
- Abstract
This book identifies the role of insurance in a comprehensive system for managing environmental risks at the local, regional and global level. National and international legal instruments regulating environmental protection, especially aspects like pollution, are not precisely reflected in insurance concepts intended to cover environmental risks. As such, there is a need to identify environmental risks and to propose a taxonomy of environmental risks for various types of insurance coverage. The authors refer to the issues of liability in environmental protection, the scope of insurance coverage and comment on specific issues the importance of which has been noticed by the legislator or insurance practice. The book examines these issues horizontally and vertically from various standpoints, focusing on insurance as a means of managing environmental risks. In this regard, it mainly concentrates on (1) identifying and analyzing environmental risks and methods for managing them via private and public instruments, and (2) insuring these risks. The book is intended for all those interested in the field of insurance and environmental risk regimes, including lawyers, academics and legal professionals.
- Published
- 2024
44. The Uniform Interpretation of the UN Sales Convention (CISG)
- Author
-
Jie Luo, Peng Guo, Jie Luo, and Peng Guo
- Subjects
- Commercial law
- Abstract
The unification of international commercial law has been a common course for every country of the world. The U.N. Convention on Contracts for International Sale of Goods (CISG) is a milestone in creating a uniform law in the field of the international sale of goods. The CISG coordinated divergent political, economic, and legal systems combined different contract laws and set up a comprehensive and independent legal framework for the international sale of goods. This book examines the basic requirements and criteria of the CISG's interpretation and investigates how to achieve the uniform interpretation of the CISG based on interpretation rules in the CISG and through appropriate legal interpretation approaches. As a comprehensive and uniform legal framework for the international sale of goods, the CISG still has gaps to fill. Therefore, a uniform interpretation in gap-filling is equally important for the CISG. This book discusses gap-filling in the CISG, explains why and how to fill its gaps, clarifies gap-filling approaches, their order of application, and eventually concentrates on general principles and the uniform interpretation of the CISG. Another feature of the book is to discuss the supplementary materials that could be used to assist in the uniform interpretation of the CISG. PICC, foreign cases, UNCITRAL Digest, and the CISG Advisory Council opinions will be examined in detail to see whether and how they can fill the gaps in the CISG and promote its uniform interpretation. Only by clarifying the basic requirements and principles relating to the CISG's uniform interpretation, can courts and arbitral tribunals correct their attitude toward and practices in the interpretation of the CISG. Only by following the autonomous interpretation approach, can the CISG achieve its goal to unify the sale of goods laws and promote the development of international commerce.
- Published
- 2024
45. Corporate Crisis Recovery : Managing Organizational Deviance, Reputation, and Risk
- Author
-
Petter Gottschalk, Christopher Hamerton, Petter Gottschalk, and Christopher Hamerton
- Subjects
- White collar crimes, Criminology, Business ethics, Strategic planning, Leadership, Criminal behavior, Commercial law
- Abstract
The principal aim of Corporate Crisis Recovery: Managing Organizational Deviance, Reputation, and Risk is to complement and expand criminological discourse on the concept of the social license to operate as a means of influencing the behaviour of corporations. In recent years, the wide-spanning consequences of some very public globalized corporate crises – including fiscal and environmental impact, staff retention, and organizational survival – have led to a growing body of research on crisis perception and responsive strategic management. Developments that position corporate crisis recovery as an anticipated requirement of visible compliance to normalized and anticipated standards of ethical practice and business conduct. Utilizing convenience theory to illustrate how corporations, and the individuals therein, are able to lose, repair, and recover the corporate license to operate after corruption and scandal, the book develops to evaluate the responses of the public and criminal justice process to serious reputational damage and substantial breach of trust.
- Published
- 2024
46. Money Laundering, Terrorist Financing and Virtual Assets : Cases and Materials
- Author
-
Duncan Smith and Duncan Smith
- Subjects
- Corporate governance, International finance, Business enterprises—Finance, Business ethics, White collar crimes, Commercial law
- Abstract
This book presents case studies on financial crime, focusing on money laundering and terrorism finance. It includes real life examples to identify the characteristics of these crimes and discusses possible national and international measures to prevent it. The book is divided into three sections. The first part of the book reviews international and national approaches and responses to the problems. The second part includes case summaries involving money laundering, terrorist financing or economic crime involving cryptocurrency in a range of countries. The third part of the book focuses on legal frameworks to prevent money laundering, terrorist financing and misuse of virtual assets and includes materials from the UN, OECD, FATF, MDB and EU policies to address these issues.
- Published
- 2024
47. Polish Entrepreneurial Law in the Era of the COVID-19 Pandemic : Problems and Challenges
- Author
-
Edyta Hadrowicz and Edyta Hadrowicz
- Subjects
- Private international law, Conflict of laws, International law, Comparative law, Commercial law
- Abstract
The outbreak of the COVID-19 pandemic presented Polish legislators with a host of legal dilemmas, the aftermath of which resulted in numerous legislative changes. A significant part of these relate to entrepreneurial law in a broad sense. However, the situation created by the COVID-19 pandemic also had a broader dimension, resulting in the introduction of exceptions as the global norm. Similarly, in the domestic legal order, the actions of public authorities in various forms (restrictions, limitations, and ultimately the Lockdown), as well as non-legislative legal activity gave rise to many problems in Poland and have been the subject of various assessments. Hence, the book analyses the legal situation of entrepreneurs in the era of the COVID-19 pandemic both in terms of the amendments and changes introduced and the new regulations, commonly referred to in the public sphere as'covid laws'or'anti-covid shields'. Therefore, the book assesses the legal solutions and the level of legislative technique in the broadly understood entrepreneurial law. It focuses on the solutions introduced by Polish legislators and seeks to answer the following questions: to what extent did the relevant public authorities appropriately respond to the threats posed by the pandemic, and did they effectively provide legal protection for entrepreneurs?
- Published
- 2024
48. Cross-Disciplinary Impacts on Insurance Law : ESG Concerns, Financial and Technological Innovation
- Author
-
Margarida Lima Rego, Simon Grima, Margarida Lima Rego, and Simon Grima
- Subjects
- Private international law, Conflict of laws, International law, Comparative law, Environmental Law, Finance—Law and legislation, Information technology—Law and legislation, Mass media—Law and legislation, Commercial law
- Abstract
This book explores the insurance sector's potential role, influence, and impact on society in light of new environmental, social, and governance (ESG) concerns. Furthermore, it looks into how financial and technological innovations help reshape insurance regulation and business models. Unlike their predecessors, 21st century insurers have a growing impact on cross-sector service provision by making available to their clients a wealth of expert knowledge and experience in data analytics. The book delves into insurers'transition from suppliers of products – consisting of risk coverage or investment opportunities – to providers of various services, and ultimately to solution providers by partnering with their clients so as to prevent failure, optimize their clients'operations and help them excel in their economic sector. Insurance regulations and policies can be affected by various factors, such as changes in the economy, technological advances, and shifting consumer preferences, to name a few. Additionally, the insurance industry can have a significant bearing on the wider economy, making it important for the industry to operate within a framework of comprehensive regulations.This book includes a diverse set of theoretical, empirical, and policy-oriented chapters on particular aspects of new trends and wider analyses leading to a more systematic understanding of the industry's socio-economic role. It offers a mixture of chapters from insurance academics and professionals from different countries, cultures, and scientific backgrounds. The methodologies used are diverse, including legal, sociological, historical, economic and financial as well as interdisciplinary analyses. The book has a global scope, including chapters of a more global nature and others addressing particular jurisdictions on different continents, including Europe, Asia and North America.
- Published
- 2024
49. International Investment Law at the Juncture : An Asian Perspective
- Author
-
Shen Wei and Shen Wei
- Subjects
- International law, Commercial law, Private international law, Conflict of laws, Comparative law, Mediation, Dispute resolution (Law), Arbitration (Administrative law)
- Abstract
The book focuses on some of the most pressing issues in international investment law in Asia, such as the role of developing countries, the rebalancing between the investors'rights protection and the host states'right to regulate, the ISDS reform, among others. The book investigates these issues by looking into the bilateral investment treaties and investment arbitration cases in the region. The readers will benefit from this book's rich content and wide coverage. For instance, the readers would learn more about Asian states'Bilateral Investment Treaty law and practice and their standing on international investment law. The book provides a fresh angle to most readers who may be more exposed to the Western perspective on the topic, providing a more complete picture to add to the readers'understanding of international investment law and in particular its evolution and future possibilities.
- Published
- 2024
50. AI and Chatbots in Fintech : Revolutionizing Digital Experiences and Predictive Analytics
- Author
-
Gioia Arnone and Gioia Arnone
- Subjects
- Financial engineering, Financial services industry, Capital market, Technological innovations, Commercial law
- Abstract
This book is a comprehensive guide to the use of Artificial Intelligence (AI) in the Financial Technology (FinTech) industry. It is comprised of ten chapters, each addressing a specific aspect of AI in FinTech. The reader is introduced to AI in FinTech, including its history and current state and the role of chatbots in FinTech and how they are used to improve customer service. Furthermore, the book explores the business framework of AI-based ChatGPT in FinTech, including the technology behind ChatGPT and how it can be applied to various financial sectors. The book examines the use of predictive analytics and machine learning in FinTech, highlighting how these tools are used to predict customer behavior and improve decision-making. The author delves into how ChatGPT is used to determine buying behavior and discusses the use of machine learning to reshape the digital experience in FinTech. Additionally, the book provides best practices for retaining customers in FinTech, including how to use AI to create personalized experiences that keep customers coming back, and explores the different applications of predictive models in FinTech, including how they are used to improve risk management and fraud detection. Lastly, the book discusses the use of ChatGPT for stock price prediction and the detection of financial fraud and examines the role of ChatGPT in the world of cryptocurrency, including how it can be used to make informed investment decisions. Overall, this book provides a comprehensive overview of the different ways AI is being used in FinTech and the potential it holds for improving customer experiences and driving innovation in the financial industry.
- Published
- 2024
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