bluuebunny/crossref_metadata_2025 huggingface dataset:
Kamu Yönetiminde Açık Veri Yönetimi ve Şeffaflık: ABD ve İngiltere Uygulamaları
Authors: KARACA Yakup , YILDIZ ÖZSALMANLI Ayşe
Published: March 2022

“Açık veri”, herkesin kolay bir biçimde erişebilmesi, kullanabilmesi ve paylaşabilmesi için verilerin serbest bırakılmasını ifade etmektedir. Kamu hizmetlerinin iyileştirilmesi için önemli bir kavram olan “şeffaflık” ise, günümüzde “yönetişim”in temel özelliği olarak kabul edilmektedir. Özellikle son yıllarda veri temelli politikaların ortaya çıkışıyla birlikte şeffaflık ve verilerin açık hale getirilmesi arasındaki ilişki de gün geçtikçe artmaktadır. Kamu yönetimi verilerinin açık hale getirilmesi ve şeffaflık, hesap verilebilirliği sağlayan zincirin parçalarıdır. Dolayısıyla verileri açık hale getirmenin temel amaçlarından birisi şeffaflığı ve hesap verebilirliği gerçekleştirmektir. Devletlerin uygulayacağı açık veri politikaları kendi içinde birçok avantajı barındırmaktadır. Kamu hizmetlerine yönelik vatandaşlardan geri bildirim alınması, daha kaliteli ve verimli bir hizmet sunumunun gerçekleştirilmesi, politika süreçlerine vatandaş katılımını artırarak demokratik altyapının güçlendirilmesi, kamu kurum ve kuruluşlarının performans ölçümünün kolaylaştırılması bunlardan bazılarıdır. Bu çalışmada önce, “açık veri”, “büyük veri” ve “şeffaflık” kavramları açıklanmakta, her üç kavramın kamu yönetiminde nasıl algılandığı belirtilmekte; ABD ve İngiltere’deki iyi uygulama örnekleri verilmektedir. Ayrıca açık veri ve şeffaflık açısından ülke uygulamaları konusunda bilimsel literatüre bir katkıda bulunmak amaçlanmaktadır.
Digi-das! Kompetente Lehrende für eine Bildung unter den Bedingungen der Digitalität
Authors: Brandhofer Gerhard
Published: March 2022

Die Entwicklung von digitalen Kompetenzen hat im letzten Jahrzehnt an Wichtigkeit und Dringlichkeit zugenommen. Neben den Kompetenzen der Schüler*innen stehen dabei auch jene der Lehrenden im Fokus. Es stellt sich die Frage, welche Kompetenzen Lehrende benötigen, damit sie Lernen unter den Bedingungen der Digitalität ermöglichen können und Schüler*innen digital kompetent machen. Dafür wurde in Österreich ein Kompetenzmodell entwickelt, das mittlerweile in zahlreichen Projekten im deutschsprachigen Raum zum Einsatz kommt. In diesem Beitrag sollen das Modell digi.kompP und seine Verwendung vorgestellt werden.
Web3
Authors: Wagner Michael
Published: March 2022

Der Begriff „Web3“, früher auch als „Web 3.0“ bezeichnet, hat seinen Ursprung in den Gründerzeiten des World Wide Web. In den letzten Monaten wurde der Begriff allerdings zunehmend zum Synonym für Blockchain Technologie und Kryptowährungen. Warum ist dem so? Der folgende Text ist der Versuch einer einfach zugänglichen Erklärung einer extrem komplexen Fragestellung.
Einführung von iPads am Schulhaus Petermoos in Buchs
Authors: Topiwala Gita
Published: March 2022

Was muss Schule heute leisten, in einer Welt, die immer vernetzter, kompetitiver und komplexer wird? Es reicht nicht mehr, den Schüler*innen das Lesen und Rechnen beizubringen – dem Diktat des Digitalen kann sich keine Schule mehr entziehen. Die Sekundarschule Petermoos in Buchs machte sich im August 2021 auf den Weg und führte die Eins-zu-eins-Abdeckung mit iPads ein. Ein aufwendiger Prozess für alle Beteiligten.
Schule in der Digitalität gestalten
Authors: Huber Stephan
Published: March 2022

Der vorliegende Aufsatz geht der Frage nach, wie Schule in Zeiten des digitalen Wandels zu gestalten ist. Einführend wird die Corona-Pandemie als Booster digitalen Wandels beschrieben. Grundlegende Perspektiven werden präsentiert und die Rolle von Schulleitungen und Kollegien im Umgang mit dem digitalen Wandel im Rahmen der Schulentwicklung skizziert. Mit dem Handlungsmodell Schulgestaltung wird eine theoretische Rahmung von Bildung, Lernen und Schulgestaltung mit Digitalität vorgenommen. Es werden Prämissen, Empfehlungen, konzeptionelle Ideen und Möglichkeiten und das thematische Spektrum aufgezeigt, beides für einen Praxis-Check und im Handlungsmodell Schulgestaltung verankert. Im Anschluss werden digitaler Wandel, Schule und Bildung nach Erfahrungsgrad und Schulform differenziert. Der Beitrag schließt mit einem Fazit, auch in Sachen Digialisierung das Richtige richtig zu tun, schrittweise in einer Balance von Bewahren, Innovieren und Optimieren.
A Critical Appraisal Of Human Rights Law In India: With Special Reference To Enforcement System
Authors: Kumar Ramesh Kumar
Published: March 2022

In this respect, it is highly appropriate & relevant to mention over here that Dr. Bhim Rao Ambedkar who was the architect of Constitution of India because he was drafted the same. He stated that Article 32 of Constitute of India is the soul of Constitution of India which is guaranteed for the enforcement In the light of above, it can be said that such rights which are available, without enforcement or implementation are worthless. Despites, the availability of enforcement system, people is not being able to get the required justice. Enforcement system for Human Rights & its Law is as under, just at a glance: Supreme Court of India, High courts of the state Concerned, The National Human Rights Commission, State Human Rights Commissions, Human Rights Court, Public Grievance system and other required systems. Now a –days, the condition of enforcement system of human rights & its Law is very misery & in very serious condition in India. Many reasons or causes are behind the same as under: social economic, political, moral, spiritual, scientific, psychological, technical, cultural, traditional & custom and usage, lack of awareness, literacy, accessibility to people, life style, living standard, culture, thoughts, mind, attitude, atmosphere and practice of people of India, subjecting to time and circumstances. Keeping in view the aforesaid things, this research paper has been written which is helpful and beneficial for research scholar, students, Professors, teachers, institutions or organizations, governments, society, and other required persons concerned.
Role Of Judiciary For Maintaining The Standards Of Public Order And Morality
Authors: Dr. P. Ashok kumar
Published: March 2022

In the constitution of India the state authorities have been allowed to exercise their right for maintaining public order and morality only in emergent situation and in a reasonable manner. For this Art 19(2) of the constitution guarantees fundamental rights to every citizens. Art 19(2) to 6 contain the nature of reasonable restrictions. The has to keep a vigil on the reasonability of restrictions imposed by the state in exercise of its power to maintain public order and morality. The criminal procedure code also contain certain provisions where the executive magistrate can take preventive actions in the event of likely hood of breach of peace under Sec 144,145 Cr.p.c. In maintaining law and order the state agencies has extra ordinary powers and if these powers are exercised unreasonably there is a great danger to freedom and liberties of citizen. The fundamental human rights are of highest value and should be exercised not to adversely effect to general public and social interest. There should be a balance to maintain between fundamental rights and interest of society on one hand and the rights and interests of individual on the other side. Care should be taken for exercising the public morality but no private morality can be imposed.
Evaluating performance of students in engineering statistics final exam questions
Authors: Lohgheswary N. , Lun A. Wei , Jedi A.
Published: March 2022

Engineering Statistics is one of Engineering Mathematics subject which is common for all the engineering courses besides Vector Calculus, Linear Algebra, Differential Equations and Numerical Analysis. Students performance in Engineering Statistics subject can be evaluated examining through the final exam questions. Students need to understand the concept learn through a semester or 14 weeks of period and do necessary preparation to do the final exam questions. Rasch model is used to evaluate students performance in Engineering Statistics examination. A total of 114 engineering students sat for Engineering Statistics final examination. There are 5 Course Outcomes and 2 Programme Outcomes for Engineering Statistics subject. The final exam marks were entered in excel. Then the marks transferred to *prn format. Next Rasch model generate the output. The outputs are summary statistics  for person, summary statistics for item, item map and person map. The summary statistics for person able to groups the students into 2 groups, namely high performers and low performers. On the other hand, the items can be group into 4 groups. They are difficult, mediocre, easy and very easy. The item map and the person map able to show those groups clearly
Precision Oncology in Colorectal Cancers- Therapeutics and Beyond (CME article)
Authors: Sekkath Veedu Janeesh , Kolesar Jill , Iragavarapu Chaitanya
Published: March 2022

Incidence and mortality of colorectal cancers (CRC) have decreased among patients older than 65 years but increased among younger than 65, especially under 50 years of age. Precision medicine has improved outcomes through targeted therapies based on molecular features, gene expression, and other features of tumors. Newer risk prediction models like genetic risk score (G-score) were shown to increase discriminatory accuracy that further refines CRC risk. Non-invasive blood-based tests like the mSEPT9 assay have the potential to improve CRC screening rates. CRCs are classified into four consensus molecular subtypes (CMS) based on gene expression analyses and into intrinsic subtypes (CRIS) based on specific molecular, functional, and pathogenic features. Liquid biopsy has the potential to be at the forefront of CRC screening, diagnosis, post-treatment mutational analysis, and treatment decisions. Next-generation sequencing has an evolving role in early-stage disease to reduce recurrence risk and enable tailored adjuvant therapy. Targeted therapy like EGFR inhibitors, VEGF inhibitors, and anti-HER-2 agents have improved outcomes in metastatic CRCs. Patient-Derived Organoids can recapitulate tumor-specific characteristics and may play a valuable role in precision oncology. Artificial intelligence and machine learning will expedite comprehensive genomic profiling and create signatures of individual cancers that can help develop targeted therapy.
Application of CFD to Reduce the Cooling Load of a Building: An Alternative Approach for Green Building Design
Authors: Khalid Mirza Haseeb
Published: March 2022

Approximately 23 % of total CO2 emissions are attributed to the construction industry each year; in 2009, the industry produced 5.7 billion tonnes of CO2. Green building design is concerned with constructing a building in such a way that its carbon footprint is reduced throughout its life span. Lecture rooms are key components of educational institutions because they are where students spend the majority of their time. This study aims to propose a methodology to convert the existing designs of building to green buildings by optimizing the airflow. The lecture room at UET was chosen for this investigation because the air velocity distribution inside the room is not uniform due to the current design, which influences the convective heat loss from the room by creating pressure and temperature gradient. SOLIDWORKS 2021 was used to create the model of a lecture theatre. Because the majority of the rooms are naturally ventilated, a fluid dynamics analysis was performed on ANSYS Fluent 19.1 to ensure proper air ventilation. Natural airflow was improved by the addition of an extra column of windows. The total electric energy load has been computed, and the quantity of solar panels necessary to meet the demand has been recommended.
By using Doctor Blade Method, Lithium and Magnesium Co-Doped with Nickel Oxide Thin Film as Charge Transport Layer for Inorganic Perovskite Solar Cell
Authors: Rehman Abdul , Naseem Shahzad
Published: March 2022

The organic materials for hole transport layer HTL such as PEDOT: PSS and Spiro-OMeTAD are poor electron blockers, more expensive, unstable, and large charge recombination materials. The inorganic material such as nickel oxide and copper oxide thin film for hole transport layer HTL was used to enhance the fill factor FF, power conversion efficiency PCE and stability of the hole transport layer for inorganic perovskite solar cell. Lithium and Magnesium co-doped with nickel oxide nanoparticles deposited on indium doped tin oxide ITO glass then deposited the cesium lead iodide bromide layer by using doctor blade method then characterize this thin film for confirmed the properties of the materials.

The crystal structure of nickel oxide was measured from XRD and all the peaks were matched with JCPDS cards. The average crystalline size was 24 nm has cubic in shape. For optical properties and bandgap measured, using UV visible and DRS confirmed the strong absorbance near to the visible range, and bandgap decreased from 3.7 to 3.4 eV by adding doping. After the deposition of the inorganic perovskite layer, the bandgap decreased from 3.09 eV to 2.56 eV. RBS confirmed the chemical composition, impurity, and thickness of the thin film. The IV curve measurement showed the 4.3 % efficiency of the pure nickel oxide thin film, by adding the doping of lithium and magnesium in nickel oxide thin film showed the 7.65 % efficiency with the 83 % fill factor FF.
Screening for Deleterious non-synonymous SNPs in Human CCL21 Gene using in-silico analysis
Authors: Ali Yasir , Akhtar Mehran , Khan Kainat , Farooqi Nadia , Gohar Shahla , Ishfaq Ahmad Syed , Ayaz Madeeha , Ul Islam Zia , Arshad Maria , Jalil Fazal
Published: March 2022

Rheumatoid arthritis (RA) is a chronic, systematic, and progressive inflammatory disorder, causing severe damage to joints and hence increase mortality. The Chemokine (C-C motif) ligand 21 (CCL21), a member cytokines family, is involved in immuno-inflammatory and regulatory processes. Therefore, identifying the important SNPs (single nucleotide polymorphisms) in the CCL21 gene is of key importance to evaluate their structural and functional significance and to discover novel therapeutic targets for immune-related diseases, including RA. In this study, we used in silico approaches for identifying the most damaging non-synonymous SNPs (nsSNPs), playing a significant structural and functional role in CCL21 protein. The primary tools used for this study included PROVEAN, SNPs&GO, SIFT and PolyPhen2. Other tools, its stability, Structure and functional effect as well as the conservation profile, were verified using I-Mutant, MutPred, and ConSurf. The site of post-translational modification also predicted. The 3-D modeling of proteins was carried out using I-TASSER which were then visualized in Chimera v1.11. Furthermore, the gene-gene interactions were predicted using STRING and gene MANIA. It was observed that the nsSNPs D30Y (rs753133670), I62N (rs1170851787), R75C (rs759733358), R75S (rs776954599) and A83V (rs776954599) were the most damaging nsSNPs in the CCL21 gene. These nsSNPs might have a significant role in CCL2 protein’s malfunctioning and possibly causing different autoimmune diseases including RA. Our study concluded that, to study the correlation of the CCL21 gene with certain autoimmune disorders, i.e. Crohn’s Disease (CD), RA and other immune-associated diseases, these SNPs could be the most important ones. In addition, these SNPs need to be studied in animal models and cell cultures in association with certain diseases, to identify if they could be of use for the gene therapy and pharmacogenomics.
Phosphorus Sorption Characteristics of Red Soils from Lampung, West- and Central Java
Authors: Siradz Syamsul Arifin
Published: March 2022

Phosphorus Sorption Characteristics of Red Soils from Lampung, West- and Central Java (S.A. Siradz and R.J. Gilkes): Red soil is a common name used to identify any soil showing yellowish to reddish colour, these soils mainly occur in tropical and subtropical regions. The term is frequently used to convey an image of  red, infertile, acid soils in the tropics and is associated with tropical and subtropical climates which are characterized by high temperature and humidity. Major soil constraints to crop production may include low pH, low available P and high P fixation capacity, toxicity due to Al and  sometimes Mn and Fe, deficiencies of N, Ca, Mg, K,  and micronutrients e.g. Mo, Zn and Cu, low CEC and low base saturation, and very low content of weatherable minerals.  The aim of this study was to determine the phosphorus sorption characteristics of red soils from Lampung, West Java and Central Java. Soils were sampled at depth of 0-20 cm from minimally disturbed sites after discarding the uppermost few cm consisting of an accumulation of litter. The samples were air-dried, crushed using a ceramic mortar and pestle and then passed through a 0.5 mm stainless steel sieve. Measurements of P sorption were conducted by equilibrating 200 mg of air dry soil (<0.5 mm) in 20 mL 0.2 M KCl containing 0-30 mg PmL-1. P concentrations in filtrate were determined by the molybdate blue method.  Phosphorus sorption data for soils were fitted to simple Langmuir and Freundlich isotherm equations and both equations described the data equally well. Langmuir P sorption maximum (xm) for soil ranged from 719-2747 µg Pg-1, with median values of 1.825 µg Pg-1. There were systematic decreases in the values of Langmuir sorption maximum (xm) for soils from Lampung > West Java and Central Java. Values of pH(NaF), Ald, and exchangeable Ca were most predictive of P sorption in these soils.
Population of Rhizobium bacteria in the soil at several plant from Buton island, Muna regency, Southeast Sulawesi
Authors: Purwaningsih Sri
Published: March 2022

The research was conducted in order to know population of Rhizobium bacteria in the soil at several plant from Buton island, Muna regency, Southeast Sulawesi. The purpose of the study was to get the population data and pure cultures of Rhizobium bacteria.Rhizobium bacteria were isolated from 13 sample from rhizosphere of fruit plant, 14 sample soil from rhizosphere of yield plant, 5 sample soil from rhizosphere of horticulture plant, and 8 sample soil from forest plant. Isolation was done in standard medium Yeast Extract Mannitol Agar (YEMA), the inculation at (27-280C), and the population with plate count methods. The growth characteristic of strain was observed by using YEMA medium mixed respectively with Brom Thymol Blue and Congo Red as indicators.The population of Rhizobium bacteria was in the range of 7-115 X 105 CFU/g soil, and the highest population was found from the sample soil from rhizosphere with Ipomea batatas plant. Fourty nine gave of pure culture, thirty five isolates can be grouped as fast growing, while fourteen can be grouped as slow growing.
Use of Plant Derived Ash as Potassium Fertilizer and Its Effects on Soil Nutrient Status and Cocoa Growth
Authors: Baon John Bako
Published: March 2022

Analternative to replacing the expensive potassium (K) fertilizers, such as KCl, should be investigated by Indonesia as the third largest cocoa (Theobroma cacao L.) producing country. The objective of this study is to investigate the effect of plant derived ash (PDAsh) application on soil nutrient status and growth of cocoa. This research was conducted in ICCRI, Jember, using a soil from Balung subdistrict, Jember, East Java. Two series of experiments with and without cocoa plants consisted of six treatments replicated four times were laid in randomized completly block design. The six treatments of K2O applied were 0, 300, 600, 900, 1200 and 1500 mg 2.5 kg-1 soil. Results of this study showed that application of PDAsh as K fertilizer increased the availability of K and Mg in soil and K content in plant tissue. In case of Mn, the concentration in soil decreased in the experiment with cocoa plants, on the other hand the concentration increased where no cocoa plants and the relation followed quadratic curve. The results also indicated that application of PDAsh up to 1500 mg K2O 2.5 kg-1soil resulted in soil pH of 7.4 in two months after application and reached 6.8 in 6 months compared with the pH of ash was 13. Application of PDAsh 700 mg 2.5 kg-1soil resulted in optimum cocoa seedling growth compared to other dosages tested, in term of plant height, plant diameter, leaf number, fresh and dry shoot weight.
A Critical Examination of Percussion and Drums in the Collegiate Curriculum
Authors: Smith Gareth Dylan , Davis Virginia Wayman
Published: March 2022

The drum kit is a musical instrument comprising various items of percussion. It is ubiquitous in popular music (the majority of music produced and consumed by contemporary society) but is largely excluded as a requirement in the collegiate percussion studio. The authors contextualize this phenomenon in the wider cultural disparity between music in society (99% rock, pop, hip-hop and other contemporary styles) and music in higher education (almost exclusively Western art music and jazz). We ask the following four research questions: (1) How frequently is drum kit taught in the collegiate percussion studio, relative to other percussion instruments? (2) If drum kit is taught, what topics are taught? (3) If the participants play drum kit themselves, how did they learn? (4) What opportunities and/or challenges exist for drum kit instruction in the percussion studio? Fifty collegiate percussion instructors completed an online survey. Participants agreed that drum kit is important for music-making and teaching after leaving college, but for most, drum kit takes a backseat to snare drum, timpani, and marimba as foundational instruments of Western art music. We argue that including drum kit in the collegiate studio would require a shift in pedagogy and aesthetic orientation, but that such shifts are necessary in order for the collegiate percussion studio to remain relevant. Further research is required to understand how the percussion studio and higher music education more broadly can better serve students and society, including in music teacher education and in kindergarten through 12th grade schools. This article's exploration of drum kit and percussion underscores the importance of discussing the places and purposes of myriad musics and musicians throughout music education contexts.
MODEL FOR DETERMINING TOTAL SKIN IN HORIZONTAL WELLS COMPLETED WITH SLOTTED LINERS
Authors: Joseph A. , Ike E.
Published: March 2022

The installation of slotted liners in horizontal wells controls formation sand production and prevents damage to installed downhole and surface facilities. Howbeit, while mitigating sand production, slotted liners also create skin problems when formation fines plug the slots, causing flow convergence and turbulence. These problems create additional pressure drop around the wellbore and, thus, reduction in production. A new analytical skin model is developed to account for the total skin slotted liners that incorporates distance between slots. Moreover, the effects of skin on flow rate, slot penetration ratio, slot width, distance between slots, wellbore radius, and slot length were also investigated. Results from this model show good agreement when validated with existing models. With an application illustrated in this paper, this model can be used in the optimization of slotted liner designs.
Peranan Guru PAI Dalam Penanaman Nilai-Nilai Karakter Islami Melalui Pembiasaan Pada Siswa SMP Negeri 10 Mukomuko - Bengkulu
Authors: Hadi Samsul
Published: March 2022

The purpose of this study is to describe the role of Islamic religious education teachers in instilling Islamic character values ??through habituation to students at SMPN 10 Mukomuko. And to describe the factors that hinder Islamic religious education teachers in instilling Islamic character values ??through habituation in junior high school students. This research uses field research methods using a qualitative descriptive approach. The result of the research is the role of Islamic religious education teachers in instilling Islamic character values ??through habituation in junior high school students, namely (1) Teachers as educators. (2) The teacher as a guide. (3) The teacher as a model and role model. (4) Teachers as advisors. The factors that hinder the Islamic Religious Education teacher in instilling Islamic character values ??through habituation in junior high school students, namely (1) Student background. (2) Low student interest. (3) School environment. (4) Facilities.
'Undertaking' as a Jurisdictional Element for the Application of EC Competition Rules
Authors: Louri Victoria
Published: March 2022

This article analyses how certain entities and their activities fall within the ambit of Competition law due to their characterisation as 'undertakings'. First, it analyses the definition of an economic activity as the main criterion of what constitutes an 'undertaking'. Second, it examines certain categories of entities which pose problems in their characterisation as 'undertakings'. Further, it shows how the Court narrowed down an all-encompassing definition of an 'undertaking' by adding an element of autonomy to the element of economic activity in order to exclude certain individuals from the application of the competition rules; by incorporating the element of 'imperium' to exempt these public bodies whose activities flowed from the State's sovereignty; and recently, by introducing the principle of solidarity as the new criterion for excluding entities from the ambit of Competition law. Finally, this paper advocates that, in light of the decentralisation process, further guidance in clarifying the meaning of 'undertaking' is needed.
European Parliament Calling for Legislative Action on the European Private Company
Authors: Teichmann Christoph
Published: March 2022

In its resolution adopted on 1 February 2007, the European Parliament requests the Commission to submit, during 2007, a legislative proposal on the Statute for a European Private Company. The author discusses the latest developments in this field.
The Human Rights of Directors in Disqualification Proceedings
Authors: Anderson Richard N.M.
Published: March 2022

The author discusses the legislation in the UK for the disqualification of corporate directors and investigates this issue with reference to the case law of the European Court of Human Rights.
Experience with the SE in Germany
Authors: Reichert Jochem
Published: March 2022

Reichert discusses the application of the SE Regulation and Directive in Germany from several perspectives.
A ‘Copenhagen Effect’? Denmark’s Answer to Centros: A Far-Reaching Company Law Reform Aimed at Strengthening the ‘Free Movement of Companies’
Authors: Werlauff Erik
Published: March 2022

In 2009, the Danish legislature introduced significant changes to Danish company law with the aim of making the rules on both public and private companies more flexible and thereby Denmark a competitive country for the establishment of companies. This could be called the Copenhagen effect. However, this effect could be increased by even further liberalization of Danish company law.
Corporations on the Move, the ECJ off Track: Relocation of a Corporation’s Effective Place of Management in the EU
Authors: Ruiner Christoph , Kußmaul Heinz , Richter Lutz
Published: March 2022

The juridical statute of companies may be determined by either the incorporation theory or the real seat theory as the most prominent theories. Both theories are discussed with extensive reference to the case law of the ECJ (including the Cartesio case) as well as the reactions of EU Member States to this case law.
If Not Now, Then When?: European Company Law in a Sustainability Development Perspective
Authors: Sjåfjell Beate
Published: March 2022

The author poses the question whether company law can only promote economic efficiency in a narrow and short-term sense, which in her view equals environmental degradation, loss of biodiversity, and dangerous climate change. She advocates the need for a new type of responsible corporate governance and a different role for company law in that respect.
Corporate Governance 2.0: Assessing the Corporate Governance Green Paper of the European Commission
Authors: van der Elst Christoph
Published: March 2022

Starting with a short overview of the state of the art of European corporate governance features, the authors address the major issues of the Commission's green paper on corporate governance of April 2011. They identify three pillars of corporate governance and compare practices of governance in major economies in the world to advocate that major reforms could fall short of providing the adequate equilibrium between corporate law, corporate governance codes and contracts.
Directors Liability: The Netherlands
Authors: Borrius Yvette
Published: March 2022

Directors' liability under corporate law is a highly dynamic field and is enjoying the necessary attention. In the Netherlands dvelopments are ongoing in the field of legislation and case law, with the concept of 'serious blame' playing a central role, particularly with regard to its impact as a standard for the various types of directors' liability. At the same time, in some aspects applicable concepts of law remain rather unspecific.
Self-Evaluating Companies Contribution to Rule of Law
Authors: Zrilic Jure
Published: March 2022

This article presents a brief overview of corporate social responsibility (CSR) self-assessment tools that contribute to stronger rule of law. It will argue that one self-evaluation tool based on the OECD Multinational Enterprises (MNE) Guidelines would be a valuable contribution to companies' effort to improve their performance in the CSR fields.
Can the G20 Include Sustainability Reporting in the Agenda of All of the World 20 Largest Economies?
Authors: Correia Alexandra Duarte
Published: March 2022

The reaction of the G20 to the financial crisis of 2008 as well as energy and climate change initiatives have helped to overcome difficulties in these fields through creative and effective measures to deal with market instabilities and to increase trust in capital markets. Likewise, an upcoming proposal of the International Integrated Reporting Council to the G20, at the Rio 20 conference in 2012, may help putting sustainability reporting on the agenda of the world 20 largest economies. Also, the UN included Sustainability Reporting in its agenda and proposes concrete action. Together, the G20 and the UN can legitimate international action on sustainability reporting.
European Corporations and the Dubai Legal System
Authors: Akhtar Zia
Published: March 2022

In Dubai, part of the United Arab Emirates, the Dubai Financial Free Zone Law made it possible to create the Dubai International Financial Centre and the Dubai Financial Services Authority. The DIFC is a provider of financial services. It provides an exemption from UAE civil and commercial laws and for arbitration of disputes that may be referred to the London Court of International Arbitration. In 2012 the Luxembourg Central Bank entered into a mutual cooperation agreement with Dubai with a view to developing financial services in the region. This leads the way for other European financial institutions.
Reforming Corporate Governance for Turbulent Times
Authors: Radwan Arkadiusz
Published: March 2022

The continuing financial crisis makes it increasingly difficult to seriously deny that something went wrong. But is it also a failure of corporate governance? If so, what are the implications for the European reform agenda? Has the time come to revise the Commission's Company Law Action Plan of 2003? Or is it mostly a problem outside the scope of corporate governance? The author investigates these questions and more.
Investor Protection in Insolvent Credit Institutions under Latvian Law
Authors: Cernoštana Marija
Published: March 2022

Ongoing disturbances in the world economy have revealed the necessity for clear and effective rules for protecting investors in insolvency situations. In Latvian law, there remain gaps and inconsistencies that should be addressed in order to reach a desirable level of transparency, predictability, and legal certainty regarding the treatment of investors in credit institution insolvency situations.
The Separate Fund: A Peculiar Italian Legal Concept
Authors: de Gioia-Carabellese Pierre , Cecchetto Nicola
Published: March 2022

Under Italian Law, the separate fund (or patrimoni destinati ad uno specifico affare) is a concept introduced as a result of the Italian company law reform a decade ago to introduce an innovative way to do business. In short, a fraction up to ten per cent of the assets of a company is to be isolated from the company of origin and set up to carry out business by itself, with a high degree of autonomy in terms of liabilities, albeit under the management of the parent entity.
Achieving Gender Balance in Corporate Boards: The Italian Experience
Authors: Zanardo Alessandra
Published: March 2022

The introduction of gender quotas or other forms of positive action to address gender imbalance on corporate boards is nowadays common to a number of European countries. In Italy, women accessing corporate board positions are still the exception. The discussed gender quota legislation aims at reducing women's under-representation in decision-making processes and at promoting more diversification on corporate boards as a means of good corporate governance.
The New EU-Directive on Annual and Consolidated Financial Statements and Related Management Reports
Authors: Beckman Hans
Published: March 2022

Following the publication of the Fourth and Seventh EEC-Directives concerning the (consolidated) financial statements, on 26 June 2013 a new EU Directive on financial statements has been adopted. The New Directive is a combination of the former Accounting Directives, and provides for more flexibility, and to a limited extent increases the information which must be provided regarding certain payments made to governments by parties in the extractive industry and logging sector.
The Obligation of Dutch Company Directors to Be Guided by the Interests of the Company Compared to the Concept of Enlightened Shareholders Value in the English Companies Act
Authors: Verdam Albert F.
Published: March 2022

Under Dutch law, company directors are under an obligation to be guided by 'the interests of the company'. The content and interpretation of this norm of 'company interest' remains a topic of discussion. Partly, this can be explained by the character of the norm and by the diversity of situations in which the matter of concrete application of the norm has been raised over the years. In the discussion surrounding this topic reference has been made to the English guideline of 'enlightened shareholder value' as enacted in the Companies Act 2006, which is part of 'the duty to promote the success of the company'.
Limitation of Auditors Liability
Authors: Foged-Ladefoged Lise Kolding
Published: March 2022

This article re-examines the question of whether rules on the limitation of auditors' liability within the perspective of EU law are needed, and if so, which rules can provide an appropriate balance between the potential injured party's interests and those of the auditing sector, including with respect to the fact that the insurance premiums associated with an unlimited liability must of course make the auditor's tasks more expensive.
The Use of Mailbox Companies in International Investment Protection
Authors: de Swart Fai
Published: March 2022

To obtain a favourable protection for their investments, investors have resorted to treaty shopping in which an investor locates a newly set up legal entity (usually a mailbox company) in another jurisdiction. First, an overview is provided of the system of international investment protection, mainly elaborating on the definitions and criteria as for instance, the investment and investor definition. Then, on the use of mailbox companies in international investment protection is discussed.
How to Try Cases on Board and Management Liability After a Financial Crisis
Authors: Werlauff Erik
Published: March 2022

Since Denmark had not had the principle of the business judgment rule finally confirmed within the financial sector confirmed, a judgment from the Danish Supreme Court on this matter was anticipated with great anxiety: whether the principle would be confirmed, and if so, how the further details of the principle would be drawn up.

tort law, business judgment rule, financial sector, Danish law
Payment of (Extraordinary) Dividends: What if the Company Law Rules are Breached?
Authors: Seehausen Jesper
Published: March 2022

This article on payment of dividends focuses on situations where the company law rules on this subject are breached. The reason for this is that, in practice, lawyers, auditors, and others dealing with company law sometimes encounter situations where a company has paid dividends to its shareholders, but the company law rules on payment of dividends are breached. This is especially true with regard to extraordinary dividends, which is why the article focuses on such dividends. However, situations do occur where a company has paid ordinary dividends to its shareholders, but the company law rules on payment of such dividends are breached. Drawing on the Consolidated Company Law Directive (CCLD), the article starts by discussing the requirements for paying dividends. Next, still drawing on CCLD, it discusses the consequences of paying dividends if these requirements are not met. Finally, it explores the differences between CCLD and the European Model Companies Act (EMCA) with regard to payment of dividends. The article points to a number of ways in which the CCLD provisions on payment of dividends could be improved. Such improvements are necessary in order to maintain the important balance between creditor and shareholder protection.

Company Law, Consolidated Company Law Directive (CCLD), European Model Companies Act (EMCA), Dividends, Extraordinary Dividends, Interim Dividends.
Legal Challenges of Artificial Intelligence (AI)
Authors: Cuatrecasas Carlota
Published: March 2022

The world is undoubtedly changing, and the Law cannot be left behind, since it plays a crucial and challenging role in this new era. New technologies, especially Artificial Intelligence, have an enormous potential to increase the effectiveness and excellence of lawyers' work, although they can also pose a great threat to citizens’ rights. That is why it is essential to establish legal limits that both guarantee the respect of such rights and facilitate the promising evolution that is being experienced. Without doubts, there is a very interesting legal challenge to be faced.

AI, new technologies, risk, algorithm, judiciary
Blockchain and Data Protection: A Compatible Couple?
Authors: Pehlivan Ceyhun Necati , Read Inés Isidro
Published: March 2022

In recent years, blockchain, the underlying technology behind cryptocurrencies, such as Bitcoin, has emerged as one of the technological innovations with the greatest potential to transform the economy and society. As various European institutions and data protection authorities point out, this type of technologies may, by its very nature, be unable to comply with the General Data Protection Regulation (GDPR). We believe that, in order to understand the risks that the use of blockchain technology could pose, it is necessary to examine the architecture and the specific characteristics of the technology in question, in particular the way in which personal data are stored or processed. Thus, the impact of blockchain on the privacy and personal data of data subjects generally requires analysis on a case-by-case basis. We conclude that, while there are some tensions to be resolved, blockchain technology is not per se incompatible with the GDPR.

blockchain, DLT, data protection, privacy, GDPR, cryptocurrency
The ECHR Grand Chamber ‘López Ribalda II’ Judgement Dated 17 October 2019. Analysis on the Validity of Concealed Cameras Based on Case Law from the Spanish Constitutional Court
Authors: Torres Raul
Published: March 2022

This article analyses the new ruling of the European Court of Human Rights (ECHR) ‘López Ribalda II’ and the possibility for employers to use hidden video surveillance cameras in order to monitor employees in the workplace. The criteria of the Spanish Constitutional Court and the first judgement of the ECHR in the ‘López Ribalda’ case are also studied in order to understand the evolving criteria and the importance of the new ECHR decision for the future of labour relationships. In short, the new ruling of the ECHR ‘López Ribalda II’ justifies the installation of hidden cameras due to the existence of reasonable suspicions of employee’s irregularities when this is a proportional decision and there are no less intrusive measures.

ECHR, hidden cameras, fundamental rights, privacy, suspicions, proportionality principle, video surveillance, irregularities.
Market Power in Data (Protection) Law
Authors: P. Paal Boris
Published: March 2022

The relationship between data protection law and antitrust law is – also and especially with regard to undertakings with a dominant position in the market of digital economy (i.e. big tech companies) – with good reason a highlighted subject of legislation and case law, legal practice and research activities. This article examines whether and to what extent the antitrust law-concept of market power may have effects in the fields of data protection law. The very elements of lawfulness laid down in Article 6 of the General Data Protection Regulation (GDPR), which are decisive for the lawful processing of personal data, are used as a reference for this purpose.

Market Power, Antitrust Law, Dominant Position, Legitimate Interests, Consent, Data Portability, Voluntariness
Dark Patterns, Privacy and the LGPD
Authors: Jarovsky Luiza
Published: March 2022

This article deals with the topic of dark patterns in personal data collection (DPPDC), arguing that they are still under the radar of lawmakers and privacy advocates, and that data protection laws such as the Brazilian Lei Geral de Proteção de Dados (LGPD) do not offer enough protection against it. The article presents the general concept of dark patterns, followed by a legal analysis of DPPDC, highlighting that their prevalence is made possible by the outdated decision making model tacitly endorsed by data protection laws. To illustrate this argument, I examine the recently enacted LGPD, which emphasizes data subjects’ autonomy without offering additional protection against malicious actors’ commonly used techniques. Turning to the legal text, I inquire whether DPPDC can be deemed legal or not given the LGPD’s current provisions regarding lawfulness of data processing. Lastly, after identifying the legal gaps that enable DPPDC to flourish, I argue that data protection law needs a paradigm change, so that data subjects can be guaranteed a fair decision making process and adequate levels of protection of their privacy.

Dark Patterns, Data Protection, Brazil, Lei Geral de Proteção de Dados (LGPD), General Data Protection Regulation (GDPR), Fairness, Privacy
Practical Considerations for Trade Remedies Disputes at the National And World Trade Organization Levels Part 4: How to Act in WTO Disputes on Trade Remedies
Authors: Piérola Fernando
Published: March 2022

In this article, the author presents considerations of a practical nature that may be relevant in a WTO dispute on trade remedies. The author assumes the perspective of both an exporting country challenging a trade remedy and its related investigation, and an importing countrymaking the corresponding defence. These considerations are presented in accordance with the sequence of procedural steps that arise in a WTO dispute, including panel proceedings and appellate review.
Fight or Flight: A Study on Strategic Approaches Adopted by Chinese Lighter Manufacturers Facing EU CR Standard and Regulation
Authors: Chen Shumei
Published: March 2022

Partly due to the taking down of the barriers from tariffs by the General Agreement on Tariffs and Trade/World Trade Organization (GATT/WTO), technical barriers to trade (TBT) have become something crucial for developing countries’ exportation. This article studies the strategic approaches taken by Chinese lighter manufacturers when they were confronted with EU’s barriers from its lighter standardization. After a brief survey on shortcomings of WTO/TBT agreement and the manifestation of proliferation of TBT worldwide, this article studies the approaches taken by different Chinese lighter manufacturers, borrowing the terms voice, compliance and exit from World Bank chief economist Jaffe and his team. Finally, a model of approaches is generalized for relative exporters’ reference.
Harmonized System: Proposal for a Change of General Rule 1, for the Introduction of Simple Classification Keys and for a Better Interlinkage of Headings and Notes
Authors: Weerth Carsten
Published: March 2022

The fundamental rule for the classification of goods into a customs tariff which comply with the Harmonized System for the description and coding of goods (HS) are the terms of headings and the notes according to General Rule 1 (GR 1). However, the notes and subheading notes are written collectively in front of chapters or sections. Therefore, these basic notes are often not consulted by users when goods are classified under a certain heading. This column proposes better interlinkage of (sub)headings and (subheading) notes and a change of GR 1 in order to accommodate an easier classification that could be facilitated by placing a list of contents in front of each and every chapter. Furthermore, the placement of simple classification keys in front of each and every chapter is proposed.
TRIPs: Need for Patentability in Biotechnology and Protection of Traditional Knowledge
Authors: Bhaur Mehnaz
Published: March 2022

This article analyses as to how Article 27.3(b) of the Agreement on Trade–Related Aspects of Intellectual Property Rights (TRIPs) should be reformed to strike a balance between the conflicting needs for patent protection in the field of biotechnology and of enhancing protection of traditional knowledge (TK). In doing so, the interests of the developed world and the developing countries should also be drawn upon, including attitudes towards the patentability of life forms and the development of a sui generis system for plant variety protection.
Revised Kyoto Convention: The Best Practice Guide for Customs
Authors: Saifuddin Hossain Syed
Published: March 2022

Today’s customs and trade environment is more challenging than ever before. Global trade is growing at a rapid pace and with it, so too are the threats to government and society. In addition to its traditional role of revenue collection, customs nowadays has to perform the more complex roles of trade facilitation and border protection. This requires customs administrations to undertake rigorous reform and modernization initiatives. The World Customs Organization (WCO) Revised Kyoto Convention (RKC) is the foundation of the development and modernization of global customs procedures. It is the combination of magnitude of its scope and pragmatism in its principles that makes RKC the best practice guide for customs reform and modernization.
Border Enforcement of IPR Laws in Australia
Authors: Saifuddin Hossain Syed
Published: March 2022

Customs in the twenty–first century has a role that expands far beyond the traditional role of revenue collection, and includes trade facilitation and border protection. It is now required to guard against both importation and exportation of dangerous and counterfeit products which pose serious threat not only to the economy, but also to the society in general. With its firmly built legislative base coupled with strategically developed implementation mechanism, the Australian Customs Services (ACS) plays a crucial role in ensuring border protection of Intellectual Property Rights (IPR) laws. Conformity with the provisions and standards set out by the apex trade bodies in the world is a major strength of the Australian Customs in its ongoing battle against infringement of IPR laws. The Australian Customs maintains a close relationship with other border agencies and the business community with a view to interdicting and disrupting the illicit trade in goods that infringe IPR.