bluuebunny/crossref_metadata_2025 huggingface dataset:
NGHỆ THUẬT MÚA TRUYỀN THỐNG CHĂM TRONG NGHI LỄ RIJA
Authors: Đàng Năng Hòa , Ngoc
Published: June 2024

Trong các nghi lễ, lễ hội dân gian của của Chăm, âm nhạc và múa đóng vai trò quan trọng tạo nên phần hồn của buổi lễ. Hiện nay, hệ thống lễ Rija của người gồm có 4 nghi lễ: lễ Rija Nâgar (lễ múa đầu năm), lễ Rija Harei (lễ múa ban ngày), lễ Rija Dayep (lễ múa ban đêm) lễ Rija Praong (lễ múa lớn). Đây là hệ thống nghi lễ thuộc tín ngưỡng dân gian bao gồm nhiều nghi thức trình diễn múa, hát, âm nhạc và kịch nghệ, được người Chăm tổ chức nhằm để cầu cúng tổ tiên, các vị thần linh ban cho mưa thuận gió hòa, sức khỏe và mùa màng bội thu. Trong nghi lễ Rija, âm nhạc và múa đóng vai trò quán xuyến từ lúc bắt đầu cho đến kết thúc, đó là những bài hát lễ, các điệu múa lễ… Từ nội dung thống nhất, âm nhạc và múa đã thay thế hoàn toàn cho tiếng nói của con người để đối thoại với tổ tiên, ông bà và thần thánh. Trong bài viết này, nội dung đề cập đến vai trò của các điệu múa lễ trong nghi lễ Rija. Từ đó nêu thực trạng và bảo tồn các điệu múa lễ trong giai đoạn hiện.
MO TRONG ĐỜI SỐNG NGƯỜI MƯỜNG Ở NINH BÌNH HIỆN NAY
Authors: Vân
Published: June 2024

Mo là một sinh hoạt tín ngưỡng đặc sắc, có vai trò quan trọng trong đời sống tinh thần của cộng đồng người Mường. Mo không chỉ là nghi lễ được diễn xướng trong tang mà còn hàm chứa tổng thể những giá trị tích hợp hình thành nên văn hóa Mường truyền thống (thế giới quan, nhân sinh quan, lịch sử tộc người, thiết chế xã hội, văn học – nghệ thuật dân gian, tín ngưỡng và thói quen sinh hoạt thường ngày...). Mo Mường ở tỉnh Ninh Bình không chỉ mang những đặc trưng của Mo Mường nói chung mà còn mang những sắc thái địa phương riêng có của người Mường ở nơi đây. Hiện nay, việc thực hành di sản Mo trong cộng đồng người Mường ở tỉnh Ninh Bình đang bị mai một nhanh chóng, cần được bảo vệ khẩn cấp, trong khi các hoạt động nghiên cứu, bảo tồn, phát huy giá trị Mo Mường ở đây còn quá ít. Bài viết tập trung khái quát về nguồn gốc, những diện mạo đặc trưng riêng biệt và hiện trạng thực hành di sản Mo trong cộng đồng cũng như công tác bảo tồn, phát huy giá trị di sản Mo Mường ở tỉnh Ninh Bình hiện nay.
BIẾN ĐỔI VĂN HÓA SINH KẾ TRONG PHÁT TRIỂN DU LỊCH Ở VIỆT NAM HIỆN NAY
Authors: Trịnh Thị Hạnh
Published: June 2024

Biến đổi văn hóa sinh kế có vai trò quan trọng đối với cộng đồng dân cư trong quá trình phát triển du lịch ở Việt Nam. Trên cơ sở tiếp cận các thành tố của văn hóa sinh kế và biến đổi văn hóa sinh kế, bài viết chỉ rõ thực chất của quá trình biến đổi văn hóa sinh kế trong phát triển du lịch. Nghiên cứu đánh giá và xác định những tác động của biến đổi văn hóa sinh kế trong phát triển du lịch, từ đó đưa ra một số giải pháp phát huy giá trị văn hóa sinh kế trong phát triển du lịch ở Việt Nam hiện nay.
QUAN ĐIỂM CỦA HỒ CHÍ MINH VỀ KINH TẾ - GIÁ TRỊ LÝ LUẬN VÀ THỰC TIỄN TRONG GIAI ĐOẠN HIỆN NAY
Authors: Hà Thị Liên
Published: June 2024

Xuất phát từ học thuyết của chủ nghĩa Mác-Lênin và thực tiễn ở Việt Nam, Hồ Chí Minh đưa ra một hệ thống quan điểm toàn diện về kinh tế. Đó là quan điểm về cơ cấu kinh tế, về sở hữu kinh tế, về phân phối và quản lý kinh tế, về vấn đề khoán trong sản xuất. Những quan điểm của Hồ Chí Minh về kinh tế đến nay vẫn còn nguyên giá trị về mặt lý luận và thực tiễn sâu sắc, trở thành nền tảng, cơ sở lý luận cho Đảng ta vận hành nền kinh tế thị trường định hướng xã hội chủ nghĩa. Bài viết khái quát những nội dung cơ bản của Hồ Chí Minh về kinh tế và chỉ ra giá trị của quan điểm Hồ Chí Minh về kinh tế đối với giai đoạn hiện nay.
Transformarse o morir: la urgente necesidad de transformación digital en MIPyME mexicanas post pandemia COVID-19
Authors: Medina Santillanes Arturo Roberto , Gutierrez Diez Maria del Carmen , Holguin Magallanes Karinna Idalia
Published: June 2024

La pandemia de la COVID-19 trajo consigo la necesidad de acelerar el proceso de transformación digital en las MIPyME mexicanas; factores como recursos limitados, falta de experiencia técnica o miedo al cambio han evitado que muchas MIPyME aún no se embarquen en su viaje de transformación digital. Sin embargo, al no adoptar la digitalización, corren el riesgo de quedarse rezagadas frente a sus competidores más expertos en el ámbito digital. La brecha entre los que han abrazado la transformación digital y los que no lo han hecho se está ampliando a un ritmo alarmante. En este ensayo, se explorará la situación actual de la transformación digital en las MIPyME mexicanas y se analizará el impacto de la pandemia en la aceleración de la transformación digital en este sector.
Research on the Current Status, Approaches, and Development of Brand Marketing in Social Media Platforms: An Analysis of Luxury Brand Marketing on TikTok Platform
Authors: Sun Zexi , Zhang Jiaai
Published: June 2024

The purpose of this paper is to discuss the current situation, methods, and development trend of brand marketing on social media platforms and take the marketing behavior on TikTok platform as an example to deeply analyze the marketing strategies of luxury brands on this platform. Through the comprehensive use of various research methods such as literature review, case study and data analysis, this paper systematically combs through the current situation of brand marketing on the TikTok platform and focuses on the marketing behaviours of two luxury brands, Van Cleef & Arpels and Tiffany, on the TikTok platform. It is found that the TikTok platform provides a wide space and possibility for brand marketing with its unique short video format and precise user positioning. Through creative content, KOL cooperation, user interaction, and other methods, luxury brands have effectively enhanced brand awareness and user stickiness. At the same time, with the continuous improvement of the functions of TikTok platform and the changing needs of users, the methods and strategies of brand marketing are also constantly innovating and developing. The results of this paper provide useful references and insights for the marketing practices of luxury brands on social media platforms and promote the research on brand marketing strategies on social media in the era of digital economy.
Thực trạng giao tiếp của điều dưỡng lâm sàng với người bệnh tại Bệnh viện Đa khoa Long An năm 2023
Authors: Hoàng Cao Sạ
Published: June 2024

Nghiên cứu “Thực trạng giao tiếp của điều dưỡng lâm sàng với người bệnh tại Bệnh viện đa khoa Long An năm 2023” có mục tiêu: Mô tả thực trạng giao tiếp của điều dưỡng lâm sàng với người bệnh tại Bệnh viện đa khoa Long An năm 2023.
Phương pháp nghiên cứu: Mô tả cắt ngang, thực hiện từ tháng 11/2022 đến tháng 11/2023. Tiến hành quan sát 426 cuộc giao tiếp của điều dưỡng tiếp xúc trực tiếp với người bệnh (Bằng bảng kiểm đã thiết kế sẵn) qua 6 tình huống giao tiếp, tại 4 khoa (Khoa Khám bệnh, khoa Ngoại chấn thương, khoa Nội tổng hợp, khoa Nội phổi thận) của Bệnh viện Đa khoa Long An.
Kết quả: Giao tiếp của ĐDV với NB có tỷ thực hành tốt cả 6 giai đoạn là 76,1%, trong đó, tính từng giai đoạn thì thấp nhất là 67,6% (giai đoạn ra viện) và cao nhất là 83,1% (giai đoạn tại các bàn khám ngoại trú); chưa tốt là 23,9%. Các kỹ năng giao tiếp chưa tốt của điều dưỡng với người bệnh thường liên quan tới: Giới thiệu bản thân và chức danh, hướng dẫn và tư vấn cũng như trả lời đầy đủ người bệnh, sử dụng ngôn ngữ đúng (đủ chủ ngữ và vị ngữ) và sử dụng ngôn ngữ không lời (như nụ cười, nét mặt).
Recognition of livable ecological city in China
Authors: Wang Luojia , Dong Xiaofeng
Published: June 2024

Eco city and livable city are urban development strategies formulated by people in pursuit of higher quality of life after foreign social and economic development reaches a certain stage. They are also important development strategies for China and other developing countries to correct the disadvantages caused by the rapid development of urbanization in time and realize urban transformation. As we all know, China’s urbanization process has a great influence on the world in the 21st century. As one of the important strategies affecting the healthy and sustainable development of urbanization, the theory and practice process of eco livable city will become a typical model with Chinese characteristics.
Research on ideas and directions of ecological land construction
Authors: Qiang Haiyang
Published: June 2024

Ecological land construction is a specific elaboration of the ecological civilization of Xi Jinping Thought on Socialism with Chinese Characteristics in the new era. By discussing the internal relationship between ecological land construction and ecological civilization strategy, this paper clarifies the importance of ecological land construction; summarizes the practical experience of ecological land construction in typical key areas/urban areas, and puts forward four considerations for my country’s future ecological land construction. On the basis of practice, combined with my country’s basic national conditions and development trends, put forward the core content and key tasks of ecological land construction in the new era, and put forward a timetable and roadmap for strengthening top-level design and steady progress.
The Devas-Antrix Saga and the Enforceability of Annulled Awards
Authors: Pathak Harshad
Published: June 2024

The Devas-Antrix saga denotes the ongoing dispute between a private Indian company and its Mauritian shareholders, and the Government of India. Persisting since 2011, it has already resulted in an ICC commercial arbitration award seated in New Delhi, a PCA-investment treaty award at The Hague, an ongoing PCA-administered second investment treaty arbitration, and a flurry of annulment and enforcement proceedings across the globe. In 2022, the Delhi High Court annulled the ICC award, which was confirmed by an appellate bench in March 2023. While this annulment is under attack in the second investment treaty proceeding, the ICC award is now considered by many to be a dead-letter that no longer threatens the Government of India. However, this article paints a more nuanced picture. It maps the jurisprudential twists and turns relating to the enforceability of annulled awards in other jurisdictions and studies its implications for the Devas-Antrix saga.
Explaining and Remedying the Near Absence of the Budget in EU Law Scholarship
Authors: Kilpatrick Claire
Published: June 2024

Legal scholarship on EU funding is a puzzle. It is a surprisingly recent scholarship that only tangentially focuses on the original and central source of EU funding: the EU budget. The first part of this analysis explores why the budget has attracted so little attention in EU legal scholarship and why the budget was overlooked in the recent funding turn in EU legal scholarship. The second part of the analysis makes the case for foregrounding the EU budget in legal scholarship on EU funding. It develops five reasons or paths for focusing more fully on the EU budget: completeness; building on budget-adjacent scholarship; a better guide to new EU directions; adding funding to governance; and understanding rule of law and other conditionalities. It makes the case that it is time for the budget in EU legal scholarship.
Editorial: Contributions to EC Tax Review: ESG and More
Authors: Kemmeren Eric C.C.M.
Published: June 2024

Whereas, a regular editorial deals with a substantive EU tax law topic, this editorial aims at creating more awareness by (potential) authors of EC Tax Review of opportunities for them and what is expected from them.
Is the ‘New Deal’ for Consumers a Big Deal? Consumer Protection and the New Information Duties for Online Marketplaces
Authors: Sørensen Marie Jull
Published: June 2024

In 2018, The Commission adopted Communication COM/2018/183 final, titled ‘New Deal for Consumers’. The overall goal was to modernize existing consumer protection legislation to meet new challenges caused by e.g., digitalization. Some of these challenges concern online marketplaces. This article qualifies the roles and functions of the online marketplaces and analyses and discusses the new initiatives regarding online marketplaces in light of the roles of the marketplaces, the existing legal framework and the legal paradigm of consumer protection. It is found that the new rules do not challenge the current paradigm. They do, however, regulate the online marketplaces within general private consumer (contract) law which is a (small) step towards acknowledging the need to regulate the online marketplaces in their role as intermediaries of the main contract. The author suggests that this small step could be made bigger by perceiving the marketplace’s business model as more than three separate contracts, and rather as an interrelationship where risk allocation is essential.
New Liability of Online Marketplaces Under the Digital Services Act?
Authors: Rott Peter
Published: June 2024

Until now, online platforms are by and large exempt from liability for unlawful third party content, and they exempt any liability for such content in the standard terms of their contracts with users. The new Digital Services Act introduces new duties of online platforms, some of which relate to their dealings with information provided by third parties to consumers and with illegal content. However, it is designed as a public law instrument. The article explores whether those new duties, or rather their breach, can nevertheless trigger civil liability of online platforms towards victims of unlawful third party content, where harm could have been avoided if the online platform had complied with its duties, and it presents examples where this seems possible.
Unilateral Variation Clauses in Professional Platform-User Agreements
Authors: George Ritchie Hamish , Hansen Ole
Published: June 2024

Platform-user agreements generally seek to regulate long-term relationships in a highly detailed manner, whilst retaining the operator’s commercial capacity to maintain and develop the Platform. Accordingly, unilateral variation clauses are core elements of the private governance of platform ecosystems. Whilst the contemporary growth of diversity in platform structures can manifest in more diverse user terms, e.g., in integrated or collaborative platforms, the core capacity to steer the contractual relationship generally remains with the operator. This is arguably necessary for the business efficacy of digital platforms in an increasingly complex legal and economic landscape. However, despite their prevalence, such terms remain a borderline feature of contract law, challenging doctrinal conceptions of contract as a static, bilateral consensus and raising questions of validity and interpretation. Invalidity is only likely where terms breach explicit regulatory standards or provide an imbalance that is unconscionable or unfair under established contractual doctrine. Whilst regulatory protections exist for some users at an EU level, these remain relatively formalistic and limited in scope. Nonetheless, validity does not imply unlimited use of unilateral variation clauses. Contractual interpretation is influenced by the regulatory framework, which imposes systemic expectations of general business conduct in digital markets, establishing standards of objectivity and appropriateness. In non-intermediary platform settings, where regulatory protection is more limited, interpretation inspired by principles of administrative law and derived from the nature and purpose of the contract may restrict the operator’s discretion. Though not unfamiliar to contemporary contract law, such standards are complex, and outcomes will rely heavily on specific circumstances.
#NoFilter? The Application of the Unfair Commercial Practices Directive and the Role of Soft Law in the Context of Influencer Marketing
Authors: Kerckaert Julie
Published: June 2024

Social media has become an integral part of our contemporary society. The social media revolution has led to the emergence of so-called influencers as key players in the advertising industry. However, the use of influencers for marketing purposes is not without risks for the consumer. This paper analyses to what extent influencers are subject to the Unfair Commercial Practices Directive (UCPD) and, in so far as the directive applies, how it may deal with unfair influencer marketing practices. In addition, this contribution examines how European and national soft law initiatives may complement the unfair commercial practices regime in regulating influencers.
AI and Legal Personality in Private Law: An Option Worth Considering (?)
Authors: Schollaert Victor
Published: June 2024

Can we grant legal personality? Many authors answer this question in the negative since those systems differ toomuch fromhumans or they do not have the necessary capacities. However, there do not seem to be any a priori reasons why this would not be possible. Legal personality is a purely legal concept that can be conferred on whatever entity the legislator decides. Moreover, the bundle of rights and obligations that legal personality entails is not necessarily the same for all persons. If AI systems are granted legal personality, they would not necessarily carry the same rights and obligations as natural persons or legal persons today. As such, it is certainly an option to grant AI systems legal personality. Yet, the question remains whether we should grant AI systems legal personality? The European Parliament (EP) suggested giving legal personality to AIsystems from a civil liability law perspective. This could resolve the potential accountability gap and the burden of proof victims face when encountered with AI systems causing damage. Yet, this idea is often dismissed without serious consideration. Many of the reasons against legal personality in a civil liability law context are not as solid or convincing as they seem. Legal personality for AIsystems may not be a panacea, but it is certainly an option worth considering.
Models Available to Parties to Regulate and Distribute Contractual Risk. Hardship Clauses, in Particular
Authors: Ataide Rui
Published: June 2024

As a consequence of the binding character of contracts, performance must be rendered, despite the added burden it may impose on the debtor. However, in order to guard against the possibility of a change of circumstances causing difficultas praestandi, the parties may stipulate hardship clauses, normally in long-term contracts. In the event of hardship, the disadvantaged party is entitled to seek renegotiation. If no agreement is reached in a reasonable period of time, either party may appeal to the courts. If the court finds that hardship exists, it may terminate the contract or adapt its content, in order to restore its equilibrium. If a force majeure event occurs, the parties may also provide for substitute performance or a new contractual agreement.
Article: Goodwill Indemnity in the Bed of Procrustes
Authors: De Benito Marco , Menéndez Santiago
Published: June 2024

Despite their social and economic importance, commercial distribution contracts lack a specific legal framework in most European countries. This silence has led to a high level of litigation, often following the termination of the contract. Goodwill indemnity has been a point of contention due to the complexity of its nature and the uncertainty as to the methods to be used to quantify it. Taking Spain as an example of the common European problem, the authors examine whether there is a reasonable basis that justifies the granting of goodwill indemnity to distributors. More specifically, the authors analyze whether and under what conditions an analogous application of the Law on agency contracts, which derives from an EU Directive that has now been transposed in all EU countries, is legitimate and how it interacts with the relevant general principles of law, namely the prevention of unjustified enrichment and good faith. Based on the legal conclusions reached, the authors stress the need to use the most appropriate and accurate financial methodology to quantify the actual monetary value of the indemnity in each case, understood as an intangible financial asset, without imposing a ceiling.
Green and Sustainable Mobility in Road Transport: How Private Law Can Guarantee the Right Balance between Environmentally Sustainable Development and Digital Transformation
Authors: Cristina Gaeta Maria
Published: June 2024

Sustainable development constitutes a fundamental value that would seem too long mistakenly considered a limit to digital transformation. On the contrary, sustainability can be understood as a socio-legal challenge characterised by the desire to pursue a common ideal: the protection of the environment in the interest of the present and future generations, guaranteeing a green technological innovation. In the context of the environmental protection in relation to the development of new mobility technologies, e-mobility represents one of the sectors capable of changing the transportpollution binomial, in particular when it is associated with the development of new technologies, not intended as a limit to environmental protection but as its enhancement, representing an evident example of synergy between digitalization, automation and decarbonisation. The paper sets out the analysis of the state of the art in the field of smart e-mobility in road traffic to address the main challenges and opportunities for the automotive sector. It will be demonstrated how an effective framework of private law rules could make road mobility more sustainable, smart and resilient, putting mobility technologies at the service of the human being under a trustworthy and anthropocentric approach.
Electromobility, Automation and Digitalisation – The Legal Challenges of New Business Models in Poland
Authors: Badura Ewelina , Pawełczyk Mirosław , Jankowska Marlena
Published: June 2024

The right to live in a city means the right to move freely around the city and use services that are fundamental to every human being – protection of health, education, the environment and mobility. The transformation towards a greener economy, as well as the pursuit of more sustainable ways of living, are changes initiated and implemented by the state and public entities. Thus, the state has the right and obligation to provide citizens not only with public transport, but also with the correct effectiveness of people’s right to mobility. For these reasons, urban mobility is a public service to which access should be provided by public authorities while implementing appropriate legal regulations in this area. Sustainable development is a fundamental value and can be understood as a socio-legal challenge characterised by the pursuit of environmental protection in the interests of present and future generations. In this regard, electromobility plays a fundamental role. This article draws on examples from Polish transport policies to determine how effective legal regulations can make electromobility greener, digital and safe.
Investor Protection on the Sale of Insurance Products in France within the Context of the European Insurance Distribution Directive
Authors: Ma Kailiang
Published: June 2024

The European insurance distribution directive in 2016 is a new attempt by the European community to strengthen the regulation of investor protection in the insurance market. It is also an experiment that will need to be observed over the long term to integrate this new initiative into the legal systems of the Member States and to facilitate the achievement of its intended effects. And the French law has already made efforts to better achieve investor protection in the sale of insurance products to achieve harmonisation with the EU law. Although the French law is not entirely consistent with the EU law in terms of the concept of the investor in the sale of insurance products and some detailed arrangements for investor protection, it has been innovative in its approach to investor protection in insurance products, while maintaining the basic principles of the EU law on investor protection. Such general consistency, while tolerating detailed differences, has contributed to the compatibility of French law with EU law. In particular, these overall harmonies are reflected in the exciting efforts of both the French and the EU law in relation to investor protection in insurance products sales, but also in the challenges that both face that need to be addressed. The interpretation of the French law provides important lessons for the future of investor protection in the sale of insurance products in the European society.
National Interests and Supranational Resolution in the European Banking Union
Authors: Kotovskaia Anastasia , H. Tröger Tobias
Published: June 2024

We investigate whether the bank crisis management framework of the European banking union can effectively bar the detrimental influence of national interests in cross-border bank failures. We find that both the internal governance structure and decision-making procedure of the Single Resolution Board (SRB) and the interplay between the SRB and national resolution authorities in the implementation of supranationally devised resolution schemes provide inroads that allow opposing national interests to obstruct supranational resolution. The amendments to the framework recently proposed by the European Commission would not alter the assessment materially. We also show that the Single Resolution Fund (SRF), even after the ratification of the reform of the European Stability Mechanism (ESM) and the introduction of the SRF backstop facility, is inapt to overcome these frictions. We propose a full supranationalization of resolution decision-making. This would allow European authorities in charge of bank crisis management to operate autonomously and achieve socially optimal outcomes beyond national borders.
Dislocation of Environmental Litigation – New Developments in Corporate Liability for Environmental Harm
Authors: Heyvaert Veerle
Published: June 2024

This paper examines recent developments in the field of the legal responsibility of corporate groups for environmental harm. It focuses on English and Dutch court rulings in Vedanta, Okpabi and Four Nigerian Farmers, as well as ongoing developments in the context of the SaMarco litigation, and argues that these cases demonstrate an increased judicial willingness to confront the transnational character of corporate decision making and its impact on the environment. This changed disposition has triggered three dynamics which the paper qualifies as three ‘productive dislocations’: a legal conceptual dislocation, a dislocation of jurisdiction, and a dislocation of adjudication.Conceptual dislocation refers to a shift in the judicial conceptualisation of corporate control from a primarily operational to a regulatory notion. The dislocation of jurisdiction and adjudication, in turn, refer to the phenomenon of courts in the Global North becoming a forum for litigation against companies located in the Global South and, relatedly, such courts having to apply foreign law in their adjudication. The paper presents these dislocations as simultaneously productive and disruptive. They are productive because they enable the removal or accommodation of certain obstacles that have long stood in the way of access to environmental justice. They are disruptive because each of the three dislocations raises a set of new challenges and comes with in-built limitations. Conceptual dislocation of corporate control lowers the threshold for parent company liability, but it simultaneously creates boundary problems and its normative coherence is questionable. Jurisdictional dislocation introduces new pathways to access to justice for victims of pollution in the Global South, but the fact that these pathways are literally thousands of miles long, stretching between Lusaka and London, injects a regrettable remoteness in the delivery of justice. Adjudicative dislocation is the logical consequence of joining cases against different actors in corporate groupings, but it inevitably raises questions about the quality of judicial decision making.In order fully to capitalise on the productive impacts of the three dislocations, the paper argues that it is important not to view them as a new settlement but instead as an invitation towards more radical, transformative change. To this end, the paper opens the discussion on what such transformative change might looks like and how it could be effectuated. In reference to conceptual dislocation, this includes a fundamental review of the normative justifications for corporate liability in an era of transnational corporate interdependence. To overcome dislocations of jurisdiction and adjudication, the paper reflects on the prospects for a transnational environmental court and, alternatively, for enhanced transnational judicial cooperation.
Frontrunners vs Free Riders? Mapping the Institutional Implementation of Human Rights Due Diligence in France and the Netherlands
Authors: Ciacchi Silvia , W. Cerqua Caitlin
Published: June 2024

This paper analyses the institutionalisation process of human rights due diligence (“HRDD”), from its origins as an international soft law doctrine into national hard law. The paper offers a comparative overview of the implementation process of HRDD in France and the Netherlands, with the aim to understand how and why institutional change took different forms in the two jurisdictions. The analysis applies the theoretical framework of historical institutionalism in order to understand the nuances of institutional change and assess whether this is a tale of frontrunners and free riders.
ESG and Boundary Risks: A Social Welfare Approach
Authors: Masconale Saura
Published: June 2024

ESG (Environment, Social, and Governance) engagement has become a standard practice for public companies, with global asset managers credited for driving this change. Opinions vary on its implications: some view it as crucial for risk management, especially regarding “boundary risks” – those risks occurring beyond a firm’s structural boundaries but involving its responsibility, such as labor/human rights abuses, environmental damage, and community impacts. Others argue that this engagement has a political connotation and gives rise to concerns about democratic accountability and legitimacy. In the meantime, ESG regulation is being introduced, both in Europe and several US states. In this Article I employ a social welfare approach to evaluate these opposite scholarly positions and examine the impact of ESG and boundary risk regulation. I show that due to heterogenous ESG preferences, tradeoffs affecting consumption choices and the prevailing, investor-driven conformity observed in ESG practices, these practices may not necessarily maximize social welfare. This conclusion has two key implications for the outstanding debate on ESG and boundary risks. First, the argument that current ESG engagement is inherently legitimate because it increases overall social welfare lacks theoretical support. Second, this suggests the desirability of regulation to enhance ESG legitimacy, though tradeoffs between legitimacy and regulatory efficiency may arise.
Can EU Law and the Right to Effective Judicial Protection Rescue Judicial Review in Hungary?
Authors: Varju Marton , Papp Mónika , Hoffman István
Published: June 2024

The judicial review of administrative action was one of the cornerstones of constitutionalism in post-socialist Hungary transitioning towards a liberal democracy based on the rule of law. However, in the past decade its availability has been subjected to restrictions of both systemic and specific nature. Many of the latter type of restrictions have been brought before the EU Court of Justice, which established the violation of the relevant fundamental requirements of EU law indicating the necessity of correcting Hungarian administrative law and/or judicial and administrative practice. However, the rulings from the Court of Justice have met restrictive implementation practices, and they have not been able to address systemic regression in judicial protection.
Secrecy During the Ordinary Legislative Procedure of the European Union: The Legal Dimension
Authors: Skowron Magdalena
Published: June 2024

The informalization of the ordinary legislative procedure of the European Union has been topic of empirical research over the past decades. Scholars have examined different aspects of this very procedure. The research of scholars coming from political sciences did not find any consideration in different fields, like in the field of law. At the same time, the informalization gives rise to many legal questions regarding the democratic deficit. Seclusion of democratically elected representatives from participation in the legislative procedures is a particular issue. This article seeks to address some of the issues arising from the informalization of the ordinary legislative procedure.
Article: Bridging the Gap: Assessing the (In)effectiveness of Ukraine’s Customs Service
Authors: Nazarko Artem
Published: June 2024

This article delves into the multifaceted landscape of Ukraine’s Customs Service, critically examining its role in trade facilitation, anti-corruption efforts, and economic growth. Despite ongoing challenges such as funding, human resources, and legislative unclarity, the Customs Service’s effectiveness is further impacted by external factors, including COVID-19-related restrictions and the Russian invasion in 2022. As Ukraine faces geopolitical challenges while aligning its customs procedures with European Union (EU) standards, the Customs Service’s performance becomes pivotal to the nation’s global integration and economic resilience. The article evaluates the Customs Service’s capacity to streamline customs processes, combat corruption, and foster a transparent, business-friendly environment for domestic and international trade partners. It also explores strategies to combat smuggling and customs fraud, addressing their economic and reputational impacts. The article assesses the challenges within the Customs Service, considering its organizational structure, regulatory framework, international obligations, and recent policy initiatives. It seeks to bridge the gap between policy intentions and real-world outcomes, offering insights into the (in)effectiveness of Ukraine’s Customs Service. The article aims to provide a holistic assessment of the Customs Service’s work, contributing to the ongoing discourse on Ukraine’s customs system and informing potential policy enhancements to align with evolving international trade dynamics.
A Review of Trade Challenges and Nutritional Opportunities in Asia Pacific
Authors: Zeshan Muhammad
Published: June 2024

Asia Pacific has undergone substantial economic growth and trade integration, yet food and nutrition security challenges persist. Different forms of malnutrition, including undernutrition, micronutrient deficiencies, and a rising prevalence of obesity and diet-related diseases, impose significant human and economic costs. This paper examines the opportunities to more strategically leverage regional agricultural trade policy to improve access to diverse, nutritious, and safe foods. Amid urbanization and dietary changes associated with income growth, demand for imported foods is rising across Asia. Meanwhile, pockets of food insecurity and nutritional inadequacy remain, especially among marginalized groups. Trade has potential to enhance year-round availability and affordability of fruits, vegetables, livestock products, and processed fortified foods to support nutritional diversity. However, proactive policy efforts are essential to build nutrition sensitivity. This analysis indicates that expanding regional trade networks, reducing transaction costs, upgrading value chains, utilizing food fortification, leveraging foreign investment strategically, and incorporating nutritional objectives within policy frameworks could significantly improve availability, affordability, diversity and safety of diets. But complementary investments in health systems, infrastructure, social protection, and women’s empowerment are equally critical given the multifaceted determinants of malnutrition. The present findings point to high potential nutrition and food security synergies from closer coordination between trade, health, agriculture and development policy realms. Mainstreaming nutrition across initiatives, assessing dietary impacts, and aligning incentives for food companies with public health goals are identified as priorities alongside value chain development for nutritious commodities. Further research should quantify expected nutrition outcomes of specific trade reforms. Overall, integrating nutrition sensitivity into Asia Pacific’s dynamic agricultural trade growth represents a promising opportunity to enable healthier, sustainable food systems across this populous region.
The EU 11th and 12th Packages of Sanctions Against Russia: How Far is the EU Willing to Go Extraterritorially?
Authors: Silingardi Stefano
Published: June 2024

The adoption, on 21 June 2023, of the eleventh package of sanctions in response to Russia’s on-going military aggression against Ukraine marks an important milestone in the EU sanctions’ practice. These measures, further strengthened by the adoption of the twelfth package of sanctions on 18 December 2023, aim to effectively prevent and combat the circumvention of existing trade sanctions, potentially extending the extraterritorial reach of European sanctions. This article aims to analyse the extent to which this application of extraterritoriality, targeting entities beyond the EU’s jurisdiction, may raise concerns regarding the EU’s compliance with established rules and limitations under international law regarding prescriptive jurisdiction. Firstly, the article provides an overview of the background and content of these new measures, as well as their relationship with the EU’s sanctions regime imposed on Russia since February 2022. Subsequently, it examines the issue of the extraterritorial application of the new ‘anti-circumvention rules’ and the extent to which the EU has gradually embraced a broader (or ‘hard’) understanding of extraterritoriality within the domain of sanctions. It is noteworthy to consider the surprising nature of this development, as the EU has consistently expressed opposition to similar measures when implemented by the US.
United Kingdom Legal Influence and Irish Unfair Dismissals Law
Authors: Costello Kevin
Published: June 2024

The influence of the law of the United Kingdom in the design of Irish social legislation is notorious. While the imprints of its British antecedents are stamped on the general design of the (Irish) Unfair Dismissals Act 1977, the Irish Act introduced at least two innovations: (1) the imposition on employers of a comparatively higher ‘substantial grounds’ standard for justifying direct dismissal (rather than the weaker British ‘reasonable’ grounds standard); and (2) the insertion of a more liberal ‘reasonable to resign’ standard for justifying constructive dismissal (in place of what appeared, in the mid-1970s, to be the more restrictive British common law ‘entitled’ to resign standard). In various ways, these innovations have not been fully realized. Employees have been denied the benefit of the ‘substantial grounds’ standard by the translation -inappropriately, it is argued- into Irish law of the British range of reasonable responses and reasonable employer tests. At the same time, the reasonableness test for constructive dismissal has become over-calcified. This has been caused by the insistence by the employment tribunals that the employee must, as a condition to claiming constructive dismissal, first exhaust the employer’s grievance processes.While failure to resort to internal processes can be a factor which may affect the ‘reasonableness’ of the decision to resign without notice, there will be cases in which it can be quite ‘reasonable’ to terminate the relationship without resorting to the employer’s grievance process. In the same way that full effect is not being given to the ‘substantial grounds’ standard which regulates direct dismissal, it is possible that full effect is not always being given to the ‘reasonableness’ standard which regulates constructive dismissal.
European Union Trade Measures and Highest Priority Challenge Related to Climate Change in EU-Americas Relations
Authors: W. Gehring Markus
Published: June 2024

This article investigates the use of recent EU instruments related to the Green Deal within the framework of bilateral trade relations, typically governed by Free Trade Agreements (FTAs). Specifically, it explores the implications of new measures introduced by the European Union (EU) in response to climate change concerns, including the proposed Carbon Border Adjustment Mechanism (CBAM), the proposed Corporate Sustainability Due Diligence Directive, the Critical Raw Materials Regulation, and the Deforestation Regulation. The article analyses the potential for enhanced cooperation within the framework of cooperation provisions in existing EUAmerica FTAs. It concludes by proposing to use the cooperation and corporate social responsibility commitments in EU trade agreements to foster closer cooperation with trading partners rather than simply informing partners of the context of these provisions.
Trade and Environment Back in the Spotlight: Measuring-up the EU’s Rules on Biofuels – WTO Panel Report in EU – Palm Oil (DS600)
Authors: Norris Josephine
Published: June 2024

Since the adoption of the Paris Agreement in 2015, many WTO members, including the European Union (EU), have adopted measures designed to reduce anthropogenic greenhouse gas (GHG) emissions and address associated biodiversity loss. In this WTO dispute, Malaysia partially successfully challenged EU rules that limit the potential contribution of conventional biofuels in general, and palm-oil based biofuel in particular, towards the Union’s renewable energy targets. The Panel established that aspects of the rules limiting the eligibility of palm oil-based biofuel have been implemented in a way that is inconsistent with the non-discrimination rules under the Agreement on Technical Barriers to Trade (TBT) and under the General Agreement on Tariffs and Trade (GATT) 1994. The ‘palm oil dispute’ is the most recent occasion on which the WTO dispute settlement system has had to examine how environmental measures should be assessed against the core disciplines of international trade. Moreover, this Report has been circulated at a time when multiple international jurisdictions are seised of litigation relating in a broad sense to climate change, and other EU ‘green measures’ are the subject of intense debate amongst the WTO membership. This case review analyses the findings of the Panel that are likely to be considered as having systemic relevance.
Tax Incentives and Private Saving in Sub-Saharan Africa: Using Taxation to Incentivize Saving
Authors: Bachmann Carmen , Kayongo Patrick Sunday , Seifert Christopher
Published: June 2024

Tax-based saving promotion programs are gaining global attention as a means of mobilizing funds for domestic investment, increasing employment levels, and consequently generating greater economic growth. Despite this, such programs have remained an exception in Sub-Saharan Africa. Whereas the study of saving promotion schemes in the region has been of high interest, no attempts have been made to study how tax policy could be used to augment these efforts. This article contributes to alleviating this deficiency by linking saving promotion schemes with tax policy. The authors use descriptive statistics of region- and country-specific data to assess Sub-Saharan Africa’s private saving landscape and its current use of tax incentives. Through a systematic literature analysis, the article reveals heterogeneous challenges to private saving in the region subsequently leading to inherently low saving levels. Consequently, tax-policy interventions to boost savings in the region remain impractical, especially if the region’s current political economy, business, and demographic environment remain the same. The key barriers to private saving are evaluated, and multidimensional policy suggestions are made for improving the use of tax-based incentives. While the policy recommendations have been specifically tailored for Sub-Saharan Africa’s local socioeconomic circumstances, some of them may apply well to other low-middle-income countries (LMIC) that share similar or related characteristics.
Modern International Tax Dispute Resolution – An African Perspective on the Mutual Agreement Procedure, Arbitration, and the Future
Authors: Aliu Gabriel
Published: June 2024

This article contributes to the literature by questioning the efficacy of the MAP for the resolution of international tax disputes from a developing country perspective. It contends that the MAP in its very basic form is insufficient for resolving treaty disputes and that the Organization for Economic Cooperation Development’s (OECD’s) portrayal of theMAP’s success is misleading. This article also proposes a consideration of theMAP’s efficacy to resolve tax treaty disputes as it relates to treaties between developed countries such as the United States and those underdeveloped like Nigeria. It concludes that the MAP alone cannot effectively resolve treaty disputes without it being accompanied by arbitration. It further argues that, even when the latter occurs, it will not create a workable dispute resolution mechanism in any absolute terms.
The Evolution of Labour Provisions in Regional Trade Agreements
Authors: Oeschger Andreas , Walker Rebecca , Marceau Gabrielle
Published: June 2024

This article maps the evolution of the language of labour provisions in regional trade agreements (RTAs) since 1990. It unpacks how RTAs have become a platform to voice labour concerns and facilitate compliance with international labour commitments, signalling a significant turn from the strict divide between multilateral trade negotiations and labour policies as decided at the Singapore Ministerial Conference of the World Trade Organization (WTO) in 1996. The language of RTA’s preambular clauses, provisions governing domestic labour policies and internationally recognized labour rights and standards as well as labour-related trade exceptions form the basis of the analysis. The design of compliance mechanisms for, and implementation of, labour provisions is further analysed, whether they facilitate cooperation or establish dispute resolution procedures. The labour provisions in 512 agreements and forty-two amendments or protocols that entered into force between 1990 and 2022, based on a list of the Design of Trade Agreements (DESTA) database, were studied. Labour provisions vary in degrees of ambition: while RTAs with at least one European, North American, or South American trading partner increasingly include binding labour commitments and dispute resolution procedures, RTAs between African and Asia-Pacific trading partners are still cautious in developing linkages between market access and labour commitments.
Remedy for Trademark Infringing Domain Names and Counterfeits
Authors: Dhingra Jayems
Published: June 2024

Ecommerce domains with names centred around inappropriate or unauthorized use of the trademarks of reputed and successful entities are the most accessible modes of infringement. Under the Uniform Domain Name Dispute Resolution Policy (UDRP), the only remedy for the trademark proprietors and intellectual property rights (IPR) owners is, to register a complaint with either World Intellectual PropertyOrganization (WIPO), or the regional Domain Name Dispute Resolution Centres, for the transfer or deletion of the disputed domain. In the present era of borderless online marketplace platforms and ecommerce websites, policing simultaneously against the availability of counterfeits in multiple countries, and the infringement of IPR, is a mammoth task. Incurring legal costs and management resources in defending such rights, often outweighs the remedy, even if available or when feasible. This article examines the current state of a role played by various stakeholders in ensuring the protection of the legitimate rights of the trademark owners, including the encouragement of innovation through effective enforcement legislations. The importance of regulating online market places is also illustrated by the latest EU Regulation on Digital Services Act.