bluuebunny/crossref_metadata_2025 huggingface dataset:
Costs and benefits of an optional European sales law (CESL)
Authors: Grundmann Stefan
Published: March 2022

This contribution assesses the proposed Common European Sales Law (CESL) and its potential to enter into a fruitful competition with national laws ("Optional Scheme") against the background of a more general theory on vertical regulatory competition - drawing on the much richer theory of horizontal regulatory competition (namely concerned with Delaware). It does so along three lines of arguments: (i) Regulatory vertical competition, on a level playing field, has the potential to combine advantages of centralized rule-setting and decentralized rule-setting, but fails to do so in the case of this proposal. (ii) Regulatory vertical competition is in danger of being distorted by the central rule-setter when this rule setter not only makes one of the offers, but also arranges the conflict of laws rules and potentially even does in a way which favours its own offer - and this has been done in CESL. This kind of distortion of competition leads to the effect that parties may make choices not according to substantive law quality of the set of rules chosen, but because only one set profits from particularly advantageous rules of choice (reduction of transaction costs and economies of scale etc.). Finally, (iii) regulatory vertical competition may potentially lead to positive network effects of such importance that the set of rules proposed by the central rule setter, in fact, even though being optional only discards competitors altogether nevertheless. This may be an explanation of how the Delaware effect works and this may lead to a situation in which the 'external competition' of an EU Contract Law - with the national legislatures - is no longer strong enough. Therefore in the last two sections, the question is asked (i) how best to arrange 'internal competition' about the best ideas and the best schemes for an EU Contract Law Code and (ii) how to gain time for doing so (interim alternatives which would equally allow to realize most of the benefits which the adoption of CESL is aimed at). Based on all three lines of arguments, the paper strongly favours - as a minimum requirement - the transition for all national laws to an unrestricted home country principle for consumer sales, namely in e-commerce transactions.
Precontractual disclosure duties under the Common European Sales Law
Authors: Baird Douglas G.
Published: March 2022

Article 23 of the Common European Sales Law requires sellers to make plain the basic attributes of what they are selling. The seller of goods has a duty to disclose "any information concerning the main characteristics of the goods . . . which [she] has or can be expected to have and which it would be contrary to good faith and fair dealing not to disclose to the other party." The largest effect of the rule may lie not in the value of the information that is communicated, but rather the legal consequences that attach to the information that is disclosed. Article 23 works in conjunction with Articles 69 and 100. These provisions require any description of the goods to serve as a warranty. Thus, the scope of the description that Article 23 requires is coextensive with the warranty that the seller must give with respect to the goods that she is selling. Because legal consequences attach to the description, sellers have reason to say less than they might otherwise. Ironically, CESL might lead to disclosure of less information and less useful information than a regime of caveat emptor.
The constitutional implications of the European responses to the financial and public debt crisis
Authors: Chiti Edoardo , Teixeira Pedro Gustavo
Published: March 2022

The wide-ranging debate on the  responses to the crisis increasingly calls into question the future of the EU as a polity. This article contributes to such discussion in legal scholarship  by arguing that the European responses to the crisis since autumn 2008 have already set in motion a number of processes which are reshaping the EU polity. Three important but often misrepresented processes are identified. The first is the emergence of a new EU method of action, which breaks with the historically rooted balance of voices within the EU, while directing it towards a distinct form of reinforced intergovernmentalism. The second process corresponds to the trend to have recourse to arrangements both partly internal and partly external to the EU framework. Such a process opens the way to the autonomization of the EMU, and of the eurozone within the EMU, which endangers the legal and institutional unity of the EU. The third is the transformation of the EMU from a "community of benefits" to a "community of benefits and risk-sharing", which reshapes the traditional construction of the EMU and might prefigure a federal transformation of the EU, but it also raises functional and legitimacy issues. These developments have the potential to undermine prerequisites of the EU as a project oriented towards democratic constitutionalism: they may ultimately lead to a de-institutionalization of the EU; they exhaust the main democratic legitimacy sources of the EU polity; and they undermine the already fragile social embeddedness of EU institutions.
Patent hold-up and the limits of competition law: A Trans-Atlantic perspective
Authors: Petrovcic Urška
Published: March 2022

Patent hold-up is currently one of the most discussed antitrust topics on both sides of the Atlantic. Competition authorities in the European Union and in the United States have expressed strong concerns about the standard essential patent (SEP) owner's ability to holdup manufacturers and impose unfair and unreasonable licensing conditions. The reach competition law has in addressing cases of patent hold-up remains nonetheless unclear. By analysing the applicability of the antitrust doctrines, the article tries to identify the circumstances in which SEP owners might face a liability under EU competition law and US antitrust law. The analysis shows that the SEP owner's conduct is subject to a different legal evaluation under EU competition law and US antitrust law. The divergences however do not reflect a conflicting perspective of the competition authorities, or to the application of different legal standards, but rather to the differences in the legal provisions on undertakings' unilateral conduct. The analysis also shows that competition law does not provide a definitive solution to the problem of patent hold-up in either system. This suggests that the limitation competition law faces in addressing cases of patent hold-up are not attributable to narrow formulation of the antitrust provision, but rather to the fact that competition law generally does not have the adequate tools to provide a definitive answer to the SEP owners' opportunism.
The new ECB and its relationship with the eurozone Member States: Between central bank independence and central bank intervention
Authors: Beukers Thomas
Published: March 2022

The financial and sovereign debt crisis has had a great impact on the relationship between the European Central Bank (ECB) and the Member States of the Eurozone, a relationship traditionally studied from the perspective of central bank independence. This article takes a different perspective on that relationship, namely that of central bank intervention in Member State economic policy making. It focuses on the pressure and influence exercised by the ECB on the Member States of the eurozone. The two perspectives combined reveal the nature of the ever more frequent and intense interaction between the ECB and the Member States of the eurozone.

In the crisis, several different forms can be identified of ECB pressure on eurozone Member States to adopt reforms in the areas of fiscal policy and structural reforms, marking a shift from interaction to central bank intervention. This ECB intervention is parallel to an equally unprecedented intervention by the collective of eurozone Member States in the economic policy of several Member States through the economic policy conditionality linked to financial assistance. The article analyses several instances of ECB intervention, offers an explanation and a theoretical framework for normatively assessing it.

The main risk identified for the ECB in this article is that of being perceived as a political or politicized actor, although it is acknowledged that the ECB is confronted with a difficult balancing act. The ECB should be more cautious in its approach, the further an issue is from its core mandate of securing price stability.
I trade, therefore I am: Legal personhood in the European Union
Authors: O’brien Charlotte
Published: March 2022

The piecemeal, case by case construction of EU citizenship has created a patchwork of personhoods rather than a unitary status - a patchwork with significant gaps through which people deemed economically inactive are allowed to fall. This paper argues that it is necessary to assess the integrity and effects of a market-centric, economic citizenship. The free movement legal landscape is riven with welfare rights "cliff edges," as changes in circumstance tip claimants from full equal welfare entitlement to none. Examples drawn from the UK include the welfare restrictions placed on Zambrano-reliant families, and the care and pregnancy gaps in Directive 2004/38. Market citizenship and the worker-commodity paradigm have not disappeared, but have been obscured and fortified through the moral language of citizenship and responsibility. The impact upon our ideas of fairness and society is evident in the Union's activation agenda for national welfare regimes. This paper argues that we should recognize the ideological ramifications of accepting the premises of market citizenship, assess its consequences, and ask whether an alternative approach is possible to challenge Member State minimal implementation, to better commit to the protection of each others' nationals and to promote EU level social justice
Beating domestic violence? Assessing the EUs contribution to tackling violence against women
Authors: Lamont Ruth
Published: March 2022

Domestic violence remains a social problem across the EU Member States. Following the Treaty of Lisbon, the EU has adopted a series of measures which will affect women experiencing this form of intimate violence. This paper examines these measures to assess their potential benefits for women who experience domestic violence. Tackling domestic violence has been explicitly linked to the EU's mandate on gender equality, but measures have been adopted under a variety of competence bases and their impact may be limited by EU's supranational status and the private nature of domestic violence. However, the paper identifies opportunities for the EU in further enhancing the protection and support for women experiencing domestic violence, and contributing to the EU's wider aim of achieving gender equality.
How much lenience for how much cooperation? On the first preliminary reference of the French Constitutional Council to the Court of Justice
Authors: Millet François-Xavier
Published: March 2022

The French Conseil constitutionnel was by no means a likely candidate to refer a case to the Court of Justice under Article 267 TFEU. Such a bold move was highly unexpected in view of its limited jurisdiction, its usual emphasis on the supremacy of the French Constitution, and its constitutional identity narrative. Yet, the hardly thinkable became true in April 2013 in connection with the implementation of the European Arrest Warrant. In response to a cooperative Conseil, the ECJ displayed its willingness to accommodate the requirements deriving from domestic constitutional law. In doing so, it offered a positive illustration of Melloni and Akerberg Fransson by promoting the application of national standards of protection of human rights in cases falling within the scope of application of EU Law, yet not entirely determined by it.
EU restrictive measures against natural and legal persons: From counterterrorist to third country sanctions
Authors: Eckes Christina
Published: March 2022

The use of targeted sanctions has dramatically increased. The EU runs 29 different sanctions regimes, mainly geographically defined but also including two counterterrorist regimes. These measures are under great judicial pressure: more than 250 natural and legal persons have challenged their listings. In several high profile cases, the EU courts struck down sanctions based on UN lists, autonomous EU sanctions, counterterrorist sanctions and sanctions against third country regimes, triggering significant reforms in EU listing procedures. This article sets out the different regimes and addresses questions such as: what standard of judicial review should the EU courts apply? What is the relevance of the case law on counterterrorist sanctions for third country sanctions? Can the EU courts acknowledge procedural improvements in the UN context? Are EU sanctions preventive measures? Are they suitable to achieve their own objective of changing behaviour?
Article 101 TFEU and the EU Courts: Adapting legal form to the realities of modernization?
Authors: Van Cleynenbreugel Pieter
Published: March 2022

The modernization of EU competition law directly invited classic interpretations of Article 101TFEU to be attuned to the realities of a more economically sound effects-focused assessment framework. More economics-inspired analysis did not however imply the end of formal legal reasoning in EU competition law. In their recent case law, the European Court of Justice and General Court rather developed or restructured particular form-based legal arguments and presumptions into essential supporting instruments for an administrable and effective effects-focused application and enforcement of Article 101 TFEU. This contribution outlines those restructured arguments and presumptions and identifies the newly developing balance between legal form and effects-focused analysis taking shape in that regard.
The relationship between primary and secondary law in the EU
Authors: Syrpis Phil
Published: March 2022

This article is concerned with the relationship between primary and secondary law in the EU, as it emerges from the case law of the Court of Justice. It examines the broad spectrum of ways in which the Court deals with secondary law, considering in particular the extent to which the Court allows the passage of secondary legislation to affect its reading of primary law. The case law of the Court is difficult to predict, and difficult to evaluate. The "proper" relationship between primary and secondary law depends on one's assessment of the "legal" or "political" nature of the EU's constitutional settlement, and on one's views about the relationship between, and legitimacy of, the judiciary and the legislature at EU level.
Intersectionality and the notion of disability in EU discrimination law
Authors: Schiek Dagmar
Published: March 2022

Defining the characteristics targeted by banning discrimination constitutes a central challenge for EU discrimination law, and defining disability is particularly challenging due to the dispute around the very concept of disability. From 2006, the ECJ has wrestled with this definition in six judgments, five of which were delivered as of 2013. Instead of classifying the case law definition as conforming to a medical or social model of disability, this article analyses the case law with a view to illustrate challenges of defining discrimination grounds generally, suggesting that a sufficiently precise and non-exclusive definition of discrimination grounds can be achieved by re-focusing EU discrimination law around the nodes of sex, race and disability. The analysis exposes that the ECJ definition of disability neither complies with the UN CRPD nor adequately responds to intersectionality theory, for example because the definition is exclusionary in relation to female experience of disability.
Coercion, prohibition, and great expectations: The continuing failure of the Common European Asylum System
Authors: Rijpma Jorrit , Heijer Maarten den , Spijkerboer Thomas
Published: March 2022

This contribution explains the European asylum policy crisis from three structural weaknesses of the Common European Asylum System: its reliance on coercion within the EU, its unrealistic expectations of what borders can achieve and the premise of prohibition of refugee movement in its external dimension. The article then critically reviews the proposals that the EU has submitted since the publication of the European Migration Agenda in May 2015, in the light of recent developments.
Caring for sharing? The collaborative economy under EU law
Authors: Hatzopoulos Vassilis , Roma Sofia
Published: March 2022

The advent of the collaborative economy is what economists call “disruptive innovation” while some even talk of “the fourth industrial revolution”. This revolution started in the US and is now making its way into the EU. The aim of the present article is to outline, explore and analyse the way EU regulation applies/may apply to the collaborative economy. In the first part we rehearse the reasons for, and the ways of, the development of the collaborative economy. We also discuss the various regulatory reactions it has (or has not) triggered, so far, in the US and the EU. In the second part we examine the way the various EU rules may apply to those participating in the collaborative economy, i.e. the platforms, “prosumers” and consumers. We conclude by addressing the way regulation could or should evolve in this area.
The European Citizens Initiative and the EU institutional balance: On realism and the possibilities of affecting EU lawmaking
Authors: Karatzia Anastasia
Published: March 2022

The European Citizens’ Initiative (ECI) has been promoted as a way to strengthen citizens’ participation in EU lawmaking. Taking stock of the ECI’s first few years of operation, this article aims to identify the influence of the ECI on EU lawmaking and its position in the EU institutional triangle (Commission – European Parliament – Council). In particular, the article examines whether the ECI has shifted the EU institutional status quo vis-à-vis the Commission’s power of legislative initiative. It focuses on the first few ECIs that have managed to collect the necessary number of signatures to be formally considered by the Commission, and evaluates the Commission’s discretion to respond to these ECIs. It argues that there is currently a mismatch between, on one hand, the expectations of EU citizens from the ECI and, on the other hand, the ECI’s capacity to lead to legislative output. The article addresses the challenges that arise from this mismatch.
Intellectual property under the Charter: Are the Courts scales properly calibrated?
Authors: Oliver Peter , Stothers Christopher
Published: March 2022

Unusually, the Charter of Fundamental Rights of the EU contains a provision (Art. 17(2)) expressly recognizing the right to the protection of intellectual property. With the notable exception of Luksan, the ECJ case law on this provision relates to cases in which the right to IP is pitted against other Charter rights. The Court has been driven to seek a “fair balance” between the rights at stake, an exercise which can only be carried out on a case-by-case basis, thus engendering considerable legal uncertainty. What is more, in several cases the Court has given more limited guidance than it might have done; the recent ruling in McFadden is encouraging, however. But the Court by no means bears sole responsibility for this legal uncertainty: courts are ill equipped to solve such complex policy issues; and, had it not been for the numerous gaps and ambiguities in the relevant EU legislation, the Court would not have had to step in so frequently.
Supranational public wrongs: The limitations and possibilities of European criminal law and a European community
Authors: Coutts Stephen
Published: March 2022

Criminal law has an inherent expressive and communitarian dimension, expressing the common values and norms of the political community. Drawing on the theory of Antony Duff, this article explores the extent to which the EU’s actions in the area of substantive criminal law can be said to express common European values by identifying actions deemed wrongful vis-à-vis the Union as a whole. The Union is limited in its capacity to express conceptions of wrong-doing through its substantive criminal law by the limited nature of its competences, its functional character and its multilevel structure. However, it does enjoy an expressive quality in two broad areas; first, the identification of European public goods, harm to which constitutes a wrong to the Union and second, common European public values. Also, substantive EU criminal law can support transnational criminal law processes, interacting with national criminal law and giving rise to the identification of certain shared wrongs amongst Member States. Thus, while certainly limited, EU criminal law does fulfil a role in the identification of wrongful behaviour and the expression of common values.
Who owns the information held by EU agencies? Weed killers, commercially sensitive information and transparent and participatory governance
Authors: Leino Päivi , Korkea-aho Emilia
Published: March 2022

EU agencies have become key actors in the operationalization of the EU regime on public access to documents. A tension between confidentiality and transparency has become particularly evident in the framework of regulatory procedures concerning chemical substances, food, and medicinal products. Applicants must provide EU agencies with commercially sensitive information to trigger the scientific and technical evaluation needed for marketing authorization or approval. We analyse three EU agencies: European Chemicals Agency, European Food Safety Agency, and European Medicines Agency. They hold information that is both commercially sensitive and highly relevant for EU regulators and the public at large. Using decisions of the EU courts and the European Ombudsman, this article shows how a new “ownership” paradigm seems to have evolved, in conflict with EU public access legislation. New rulings on the Aarhus regime suggest that more information should in the future become disclosable, putting the agencies under increased pressure by companies trying to protect industry know-how. EU agencies are constantly arbitrating between conflicting public interests. As the exercise of political discretion is exactly what EU agencies are not expected to do, the situation calls for legislative intervention.
CETA on investment:the definitive surrender of eu law to gats and NAFTA/BITS
Authors: Torrent Ramon , Fernández-Pons Xavier , Polanco Rodrigo
Published: March 2022

Provisions on investment in the Comprehensive Economic and Trade Agreement (CETA) between Canada and the EU, both on substance and on dispute settlement procedures, are the culmination of a long process of replacement of the original EEC approach to establishment by the approaches followed by the GATS, the North American Free Trade Agreement (NAFTA) and Bilateral Investment Treaties (BITs). The article analyses this process; it focuses in particular on the law of external relations but takes into account the evolution of the law of the internal market and can also be read from this perspective as, in the authors’ opinion, the evolution in the former throws light on the latter. The article intends to leave the legal facts to speak by themselves. By unveiling their rationale, it also gives rise to political concerns regarding the evolution of the law. As CETA limits the ability of the EU to legislate and erodes the ECJ’s role, the article leads to the conclusion that the underlying rationale for the evolution, both in the internal and the external areas, has not been that of promoting integration but that of deregulation.
Brexit means Br(EEA)xit: The UK withdrawal from the EU and its implications for the EEA
Authors: Hillion Christophe
Published: March 2022

Because it extends the Single Market to the three EFTA States Iceland, Liechtenstein and Norway, the Agreement on the European Economic Area is not an EU external agreement comme les autres. This is particularly salient in the context of the UK withdrawal from the EU. The UK withdrawal will affect the three EFTA States’ citizens, businesses and other stakeholders in a way that is comparable to how it will affect citizens, businesses and other stakeholders from the remaining EU Member States. It is thus critical that the two intertwined processes of leaving the EU (“Brexit”) and consequently the EEA (“Br(EEA)xit”) are closely coordinated if the integrity of the Single Market is to be preserved, in line with EEA rules. The need for coordination between the EU, the UK and the three EFTA States to address the consequences of Brexit for the EEA is a foretaste, albeit specific, of the complex external implications of the UK withdrawal from all other EU external agreements.
Should we harmonize fundamental rights in the EU? Some reflections about minimum standards and fundamental rights protection in the EU composite constitutional system
Authors: Spaventa Eleanor
Published: March 2022

This article takes the non-discrimination directives as an “excuse” to reflect on how we should deal with EU fundamental rights in the composite constitutional spaces of the European Union and its Member States. It starts by highlighting some of the problems with fundamental rights protection in the EU, to then look at the non-discrimination directives. It shows that even when there is a stronger fundamental rights claim by the EU, as there is when it has exercised fundamental rights legislative competence, it is very difficult to devise a coherent interpretative framework in the fundamental rights field. The article then relates this problem to the more general issue of applicability of the Charter to the discretion of Member States when implementing EU law; it advocates leaving a wider margin of appreciation to national authorities and treating the Charter, in those cases when the Treaty does not otherwise apply, as a minimum safety net.
The infringement procedure in the rule of law crisis: How to make effective use of Article 258 TFEU
Authors: Schmidt Matthias , Bogdanowicz Piotr
Published: March 2022

The Union’s rule of law crisis has worsened and has led to ample reactions from academia and EU institutions. Most notably, the situation in Poland culminated in the activation of the procedure under Article 7(1) TEU by the European Commission. This article suggests that the infringement procedure under Article 258 TFEU may yield a fully complementary, yet more effective, means alongside existing measures to address not only specific and episodic violations of EU law, but also a general situation in a Member State as a systemic deficiency in the rule of law. Conscious of suggestions made before us in this regard, we offer a reconstruction of the infringement action de lege lata by engaging, step-by-step, with the procedural and substantive hurdles to overcome in this attempt.
Teaching fairness to artificial intelligence: Existing and novel strategies against algorithmic discrimination under EU law
Authors: Hacker Philipp
Published: March 2022

Empirical evidence is mounting that artificial intelligence applications threaten to discriminate against legally protected groups. This raises intricate questions for EU law. The existing categories of EU anti-discrimination law do not provide an easy fit for algorithmic decision making. Furthermore, victims won’t be able to prove their case without access to the data and the algorithmic models. Drawing on a growing computer science literature on algorithmic fairness, this article suggests an integrated vision of anti-discrimination and data protection law to enforce fairness in the digital age. It shows how the concepts of anti-discrimination law may be combined with algorithmic audits and data protection impact assessments in an effort to unlock the algorithmic black box.
Tell me where you come from and I will tell you the price: Ambiguous expansion of prohibited geographical price discrimination in the EU
Authors: Hojnik Janja
Published: March 2022

This article outlines some of the ambiguities arising from the endeavours of EU legislators to tackle the problem of direct and indirect price discrimination based on nationality or residence of the customer – in this article referred to as geographical price discrimination (GPD) under EU free movement law. It is submitted that prohibiting direct and indirect GPD on the sale of goods and services with an unclear system of derogations potentially covers a variety of established pricing practices (including uniform prices and de minimis price differences). While it is submitted that Article 20(2) of the Services Directive should be repealed, a cautious approach towards interpreting and applying Article 4 of the new Geo-Blocking Regulation is suggested in order to avoid disproportional restrictions of parties’ contractual freedom, especially in respect of traders with insignificant market power.
In The Name Of The Best Interests Of The Child:The Principle Of Mutual Trust In Child Abduction Cases
Authors: Bartolini Silvia
Published: March 2022

All abducted children across the EU should sleep tight tonight. The ECJ will make sure that they are returned in a timely fashion to the place where they were habitually resident immediately before their unlawful removal or retention so they will be able to resume their daily life and restore a personal relationship and direct contact with the left-behind parent. Despite such a comforting scenario, this Article argues that the current blind application of the principle of mutual trust in the EU mechanism for the return of the child does not ensure an adequate protection of the best interests of children entangled in return proceedings.
Individual rights and collective interests in EU law: Three approaches to a still volatile relationship
Authors: Warin Catherine
Published: March 2022

The protection of collective interests is a topical issue in EU law. A significant challenge arises from the fact that EU law traditionally connects rights and interests at an individual, rather than a collective level. This article explores three areas of EU law (environmental law, consumer law, and access to documents), which reveal three different approaches to collective interests. In order to foster the development of a coherent framework for protecting collective interests, the suggestion is made to maintain the classic mechanism according to which broadly conceived individual interests function as triggers for individual rights, and to complement this with mechanisms allowing collective interests also to activate the enforcement of such rights.
Autonomous concepts, diversity management and mutual trust in Europe’s area of criminal justice
Authors: Mitsilegas Valsamis
Published: March 2022

The article maps the evolution of autonomous concepts in EU criminal law, particularly in the field of procedural law related to mutual recognition in criminal matters. It gives a taxonomy of autonomous concepts, ranging from the outcome of execution (notably detention), to the procedural parameters of grounds for refusal (related to the definition of trials in absentia), and concepts underpinning the very system of mutual recognition in criminal matters (the definition of judicial authority for issuing national and European arrest warrants). A further category includes the concepts linked with the effective enforcement of procedural rights within and beyond the system of mutual recognition. The article assesses the role of autonomous concepts in managing legal diversity in Europe’s area of criminal justice. Key questions include the extent to which the development of autonomous concepts in European criminal law leads to legal certainty; the extent and limits of the harmonizing effect of autonomous concepts; and the different functions of autonomous concepts in mutual recognition and in harmonization legal instruments.
Judicial approaches to norm overlaps in EU law: A case study on the free movement of workers
Authors: Hancox Emily
Published: March 2022

When norms of Union law overlap – meaning more than one could apply – what principles determine the relationship between them? What is often supposed is that the European Court of Justice uses the principles of lex superior, lex posterior and lex specialis in situations of norm overlap, prioritizing between norms based on rank, date, and speciality. Since these principles aim to protect underlying constitutional values (such as respect for democracy, fundamental rights, and the separation of powers), there are good reasons for assuming that the ECJ does adopt this approach. However, the ECJ has not yet articulated its approach with any clarity. By presenting the results of a case study in the field of the free movement of workers, this article aims to demonstrate both the use and the utility of the principles of lex superior, lex posterior and lex specialis for resolving norm overlaps in EU law.
The Research on the Impact Factor of Divorce Rates in Northeast China
Authors: Fang Ruiyi
Published: March 2022

The dramatically increasing number of divorces in China over the past two decades had become an issue that closely related to the development of China. At the same time, the skyrocketing divorce rate in the Northeast district topped the rank of divorce rate in China. Although the uphill trend is a common challenge to all the provinces in China, the trend in the three provinces, Heilongjiang, Liaoning and Jilin seem unstoppable. This paper explored the former research and two widely recognized theories, extracting some theoretical direction from it. Then, some points from the former researches and some changes in the society were studied, together with the latest statistics, some possible factors that trigger off the divorce heat are concluded. Finally, this paper proposed some feasible solutions for Chinese authorities to curb the ever-increasing divorce rate.
Analysis of the Intervention Effect of Positive Behavior Support (PBS) Art Education on the Psychological Characteristics of Autistic Adolescents
Authors: Lai Ying
Published: March 2022

Art education is an essential part of basic education. For teenagers with autism, the art curriculum can play an important role in aesthetic ability and stress relief. Finding a relatively reasonable curriculum evaluation method is the common expectation of art educators in the field of autism. This study tries to find out the current differences between "teaching" and "healing" in academic circles. Based on the positive behavior support (PBS) theory, it makes an empirical investigation on Chinese educators who are offering art courses for autism, and establishes an evaluation method for art courses for autism based on PBS theory. The results show that under the positive behavior support (PBS) mode, whether it is task-oriented and relief-oriented, or functional teaching mode/atmosphere teaching mode, it has a significant effect on the pathological psychological characteristics of autistic teenagers. The results are helpful for educators to analyze the strategy of "teaching students in accordance with their aptitude", so that specific psychological characteristics can better match the appropriate intervention measures. The research also makes exploratory analysis of other related variables, and puts forward reference suggestions and prospects for the future development of art education of autism in China.
Discussion on the Application of Reservation of Public Order in Foreign-related Same-sex Marriage in China
Authors: Tang Leyan
Published: March 2022

With the development of globalization, Same-sex marriage has become more and more common and has achieved legal effect in some countries. Reservation of public order is generally applicable in dealing with Foreign-related Same-sex marriage. However, the abstract nature of it allows judges to abuse their discretion, and applying it regardless of the situation has also resulted in the difficulty of maintaining the legitimate rights and interests of the parties, and has brought adverse effects to the judgments of Chinese courts in the international arena. Therefore, China should face up to the objective fact of the universalization of Foreign-related Same-sex marriage, deal with Foreign-related Same-sex marriage cases on a case-by-case basis, and prudently apply the reservation of public order, so as to safeguard the personal and property rights and interests of the parties on the basis of preserving the social interests of China.
The Current Situation and Improvement of College Students' Intercultural Awareness
Authors: Huang Xinyi
Published: March 2022

The study is based on the theoretical model of intercultural competence proposed by Chen & Starosta and the self-assessment scale of Chinese college students’ intercultural communicative competence compiled by Wu Weiping. Combining with the actual situation of Chinese college students, the author compiled a scale of intercultural awareness among college students contains a set of evaluations including consciousness, emotion and behavior. The results of the study found that although the overall situation of college students' intercultural awareness is good, there are certain differences in different dimensions of awareness. College students perform better in cultural confidence and self-control, flexibility and adaptability, tolerance and patience, while they need to improve communication skills, curiosity about different cultural knowledge and customs, and a sense of humor.
Relationship Strength Affects Firms' Technological Innovation Performance: Study of the Conditional Process
Authors: Han Yubing
Published: March 2022

In this paper, we empirically analyze the influence mechanism of innovation performance of relationship strength firms through the panel data of patents and standards of 15 firms in China's OLED industry from 2014 to 2020, using hierarchical regression and bias-corrected percentile Bootstrap method for testing. The findings show that: relationship strength positively affects firm innovation performance; relationship strength positively affects firm innovation performance through the mediating effect of network location; the effect of network location on innovation performance is moderated by technological diversification; the mediating effect of network location is also moderated by technological diversification, and the higher the degree of technological diversification, the stronger the mediating effect of network location. The findings enrich the research on innovation performance and R&D networks, and provide theoretical guidance for Chinese firms to build effective R&D networks and technology diversification strategies.
Maintaining Social Stratification in Education: The Influences of State Policies in China on Individuals’ Well-Being or Life Courses
Authors: Zhang Yinglan
Published: March 2022

Based on organization theory, the paper focuses on inequalities within the educational system in China by discussing two types of policies enacted by the central government. Although an increasing number of scholars research on how states utilize policies, influencing individuals either in well-being or in time of transition, to stabilize existing social stratification, they lose sight of the importance of social institutions in linking macro and micro levels of the process. This article first introduces Compulsory Schooling Policy and Hukou system as instances of two contrasting types of policies and how school plays an essential role in carrying out two policies to penetrate social inequality. Then, the paper shows three different ways, unequal distribution of resources, limited choices offered, standardized assessments, of policies influencing individuals in education to continue social stratification.
The Connection between Mishima Yukio’s Depiction of Homosexuality and Misogyny
Authors: Zhou Yuxi
Published: March 2022

This paper aims to study Mishima Yukio’s description of homosexuality and misogyny. It will review discourses about Mishima, his performance, works and sexuality. It points out Mishima’s views on love, why the female characters in his books are always similar, and his attitude towards women. In conclusion, this paper will use the characters in Mishima’s novels as examples, analyzing his motives by explaining the intrinsic relationship between homosexuality and misogyny found in his literature.
Resilience to Violent Extremism in Serbia: The Case of Sanjak
Authors: Petrovic Predrag , Ignjatijevic Marija
Published: March 2022

Many experts had gloomy forecasts about violent Islamist extremism and terrorism in Serbia. Sanjak - the southwest region in Serbia populated by Muslim majority - was even dubbed Jihadist hotbed, as it was the center for further spreading ultra-conservative Salafism from the neighboring Bosnia and Herzegovina into Serbia, and a region where the recruitment of Syrian foreign fighters took place. Among the most influential militant Salafi leaders in Vienna who maintained contacts with ISIS there were individuals from Sanjak. However, despite these forecasts and the presence of both push and pull factors of violent extremism, Sanjak has proved to be very resilient to violent Islamist extremism. Compared to other countries in the Western Balkans, a relatively small number of people from Serbia (49 of them including women and children) joined militant Islamist groups in Syria. Only a few incidents involving militant Salafis and failed terrorist plots happened. People in Sanjak showed both resilience to violent extremism and to the spread of the ultra-conservative interpretation of Islam. In this paper, we first identify the cases of violent extremism and then map and analyze factors that make Sanjak enabling environment for extremism. The second part of the paper is dedicated to understanding key resilience factors to violent extremism showcased in Sanjak. Ethno-nationalism and far-right extremism are only analyzed as possible drivers of Islamist radicalization. This report is based on extensive field research in Belgrade, Novi Pazar, Sjenica, and Tutin between July and September 2021, during which a total of 25 interviews were conducted.
Comparison of Some Agronomic Character and yield of Triticale (X Triticosecale Wittmack) lines at Halabja and Qlyasan Regions of Kurdistan/Iraq
Authors: Chnar Hama Noori Meerza
Published: March 2022

The main aim of this study was to determine the optimum line of triticale (X Triticosecale Wittmack)  and best location for cultivating. The experimental design used in this study was randomized complete block design with two replications. In this study  29 lines of triticale were applied to assess some agronomic character (Plant Height (cm), No. of Days from Seeding to 50% Anthesis, No. of Days from Seeding to Physiological maturity, No. of Days from 50% Anthesis to Physiological maturity, No. of Fertile Tiller/Plant ), yield character (Grain Yield (t/ha), Biological Yield (t/ha) and Harvest Index). Plowing methods were used twice for the area of the study in each region. In Qlyasan region sowing started on 21 December and on 25 December in Halabja region.  A total of 29 triticale lines developed from the hybridized winter triticale lines were used with a set name of 41ITYN and was taken from The International Maize and Wheat Improvement Center (CIMMYT). The 29 triticale lines consisted of (802, 803, 804, 805, 806, 807, 808, 809, 810, 811, 812, 813, 814, 815, 816, 817, 818, 819, 820, 821, 822, 823, 824, 825, 826, 827, 828, 829 and 830). The result illustrated that ) the maximum plant height, No. of Days from Seeding to 50% Anthess, No. of Days from Seeding to Physiological maturity, No. of Days from 50% Anthesis to Physiological maturity  and No. of Fertile Tiller/Plant was observed in lines (804, 809, 830, 827 and 807). The highest agronomic character was observed under cultivation of triticale in the  Halabja location. The maximum Grain Yield (t/ha), Biological Yield (t/ha) and Harvest Index was observed in lines (802, 828 and 827). Cultivation of the plant in Halabja region also gave the highest yield.
Soya Yoghurt Organoleptic Test With The Addition of Rosella Flower Extract
Authors: Rusyda Afifah  , Amelia Nirmalawaty  , Tiurma Wiliana Susanti Pandjaitan
Published: March 2022

The unpleasant aroma of soy juice drinks causes not everyone to like it even though they know that the drink is healthy. Several studies have carried out efforts to overcome this condition, such as adding aromas, flavors, and fermentation. In this study, the effort to eliminate the unpleasant aroma was carried out through the fermentation process of soybean juice into soya yogurt accompanied by the addition of rosella extract. There are six levels of addition of rosella flower extract, namely from R0 (0%), R1 (10%), R2 (15%), R3 (20%), R4 (25%), and R5 (30%), with a fermentation process the same one. An organoleptic test was conducted on 30 selected panelists who like yogurt. The test uses a hedonic scale of 5 responses (very much like, like, quite like, dislike, and do not like). This study found that the addition of rosella flower extract eliminated the unpleasant aroma of soybean juice and the distinctive aroma of yogurt, thereby reducing consumer preference responses. The panelist's highest preference for color was in the R5 treatment. The addition of too much rosella extract concentration will cause the soy yogurt taste to be too sour, so the addition of rosella extract is recommended to be sufficient at 10% - 20%.
Fulfillment of Human Rights By Transnational Corporations In Indonesia: Perspective of International Norms
Authors: Brigitta Raras Ayu Roesedi  , Arina Bhuana Sari  , Isnin Harianti  , Gisca Azaria Ramadhani
Published: March 2022

Leniency in the implementation of rules on the fulfillment of human rights by the Government to TNC as an entity in Indonesia. This research aims to describe the fulfillment of human rights by transnational corporations in  International Norms. This research used normative research methods, focusing on the differences that occur in the field (das sein) namely the policy of the Government of Indonesia in realizing the fulfillment of human rights by TNC, with legal norms that should be implemented (das sollen) namely international norms. The data source used is a primary and secondary data source with a deductive thinkingpattern. The results showed that  the State as a duty holder for citizens, is authorized to issue regulations on human rights respect by TNC in order to minimize human rights violations. Domestic regulations are necessary to be the attachment of TNC operating within the territory of the country to be subject to the applicable constitutional rules, so that respect, protection, and rehabilitation of human rights can run optimally.