bluuebunny/crossref_metadata_2025 huggingface dataset:
Effects of Game-Based Training Approach on Physical Abilities in Male Youth Volleyball Players
Authors: WUBALE Alemayehu , KEBEDE Dagnachew , BELAY Alemayehu
Published: July 2023

The study aimed to determine the effects of a game-based training approach on the physical abilities of male youth volleyball players. A two-way mixed design was used. Forty young male volleyball players (age: 15.49±1.36 years old; height: 175.50±0.02 cm; weight: 65.50±1.32 kg; experience: 3.39±1.27 years old) participated in this study. Participants were randomly assigned into two equal study groups, a Traditional Training Group (TTG; n = 20) and a Game-based Training Group (GTG; n = 20). TTG uses a traditional training program in which coaches coach athletes, give individual feedback, and perform technique-focused workouts. GTG follows a 12-week simple volleyball game-based training program. Before and after 12 weeks of training, both groups measured their agility, endurance, power, and speed. A two-way mixed design (2 × 2) ANOVA was used to compare the differences between subjects and repeated measure variables. All coefficients are considered significant at p ≤ .05. As a result, significant differences were found within-subject and between groups in male youth volleyball players’ physical abilities. In conclusion, the 12-week game-based training approach effectively improved the physical performances of male youth volleyball players. To support this notion, an additional study is necessary.
The Use of A Collaborative Learning Strategy of Think-Pair-Share by Listening to An English Dialogues to Improve Learning Outcomes
Authors: Zulkifli Dadan
Published: July 2023

This study aims to improve cadet learning outcomes through the application of cooperative learning model. The subject of this study is a cadet of the TPS study program batch 58 of the Jakarta Technical University of Fisheries for the 2022/2023 academic year. This class consists of 39 cadets with a cadet composition, namely 10 female cadets and 19 male cadets. This cadet was chosen as a research subject because this cadet has a low ability to understand listening before. The object of this study is the result of learning to listen to short English dialogues. The location of this research is in the class of cadets of the TPS study program batch 58 of the Jakarta Fisheries Polytechnic. The study was based on preliminary observations that indicated cadets had problems listening. In accordance with the purpose of this study, which is to improve learning outcomes in listening, this research was carried out in the form of classroom action research. This class action research is described in a cyclical or spiral process consisting of several steps, namely planning, action, observation, and reflection. This class action research is carried out in 2 cycles. Each cycle consists of three sessions of which two sessions are for action and one session for testing. The results of this study showed that the learning outcomes of listening to cadets increased by applying the Think Pair Share (TPS) type or cooperative learning model. This can be seen from the average score of cadets in the test. The average score of cadets in the pre-test was 48.27. Then it increased to 72.75 in cycle I (one). This result is not satisfactory because it has not met the completeness criteria that have been targeted by researchers. The results of cadet scores increased after researchers modified teaching and learning activities in cycle II. As a result, the average score of cadets has increased to 86.20 and 93% of cadets have achieved learning completion, which means that it has exceeded the target of 75%. It can be concluded that the application of the cooperative learning model can improve the listening ability of cadets from the results of the study.
Empowering Teachers' Learning to Enhance Students' Change Leadership Skills
Authors: Praneetpolkrung Khacha , Supakicco Phramaha Suphachai
Published: July 2023

The experimental study, which was conducted under the research project entitled "Empowering Teachers' Learning to Enhance Students' Change Leadership Skills," is part of a series of research projects that focuses on 21st century skills that have been supported by the Doctoral Program in Educational Administration at the Isan campus of Mahamakut Buddhist University. This study emphasizes the utilization of opportunities that are being presented by knowledge-based and digital societies in the contemporary era. The development of Change Leadership Skills was approached by utilizing a Research & Development (R&D) methodology that employed various perspectives available on the internet. This approach aimed at creating innovative educational practices to enhance the teachers' learning and, subsequently, at empowering them to transfer their knowledge to develop their students. It is believed that if teachers acquire knowledge and are stimulated to put it into practice, it will create the power that can enhance the effectiveness of student development, which is in accordance with the concept of "Knowledge and Action are power." Based on this idea, a research and development (R&D) methodology was employed to incorporate various perspectives on developing Change Leadership Skills, which had been found on the internet, and incorporating them into an innovative educational program designed to strengthen teacher learning. The program called the "Online Self-Training Program to Empower Teachers' Learning to Enhance Students' Change Leadership Skills," was evaluated by teachers, who had been involved with the program and had found the program to be effective in accordance with the established criteria. Therefore, the program could be disseminated to benefit teacher development and the development of undergraduate students, who are majoring in teaching the Thai language, the English language, and Social Studies at the Faculty of Education at both the central and branch campuses Mahamakut Buddhist University. This target group can rapidly, efficiently, and effectively disseminate the research findings.
Enhancing Teachers' Learning to Develop Students to Become Successful Students
Authors: Thammabut Bancha , Thacha Witoon
Published: July 2023

The aim of this research is to enhance teachers' learning towards developing successful students. It is a research project based on advancements in digital technology and the knowledge-based society of the 21st century. Various international perspectives on developing successful students proposed by experts on the internet have gone under the process for this research and development to create educational innovations that could be used to empower teachers and strengthen their students' learning aligned with the concept of “knowledge and action is power”. It is believed that if teachers have learned something, they can bring the knowledge into practice that empowers students’ learning effectively. The results of this research led to educational innovation called “Online Self – Training Program to Enhance Teachers' Learning to Develop Students to Become Successful Students”. This innovation was evaluated by teachers who had a stake in it, and after experimental research was conducted, it was found to be effective according to the established criteria. This evaluation indicated that the innovation can be disseminated to develop teachers, who aim to develop students’ learning, at Mahamakut Buddhist University, which is the target population for this research project, both in the central and regional campuses.
Mobilize Cooperation to Develop to Be the Classroom of the 21st Century
Authors: Panyapatheepo Phramaha Patoompoom , Sutheejariyawattana Phrakru
Published: July 2023

The aim of this study was to implement the project "Mobilize Cooperation to Develop to Be the Classroom of the 21st Century in Sarakulnawitaya School ", which is one of the research projects that is related to education in the 21st Century, using the Participatory Action Research (PAR) methodology consisting of Planning, Acting, Observing, and Reflecting (PAOR) for two cycles. Each Cycle lasted one semester during the Academic Year of 2022. The expected outcome was to promote changes, learning, and the knowledge gained from practice. The research participants consisted of seven teachers and administrators, two community leaders, three parents of students, and three school supporters. A total of 50 students received benefit from the development. The results from the comparative practice of three periods (before the first cycle, after the first cycle, and after the second cycle) showed the following: (1) there had been improvements in the implementation of the work and in the quality of classrooms aligned with the ideas of the 21st Century; 2) the research team, the research participants, and the school gained various learning experiences, especially in: (a) building networks with communities and related organizations, (b) creating sustainable relationships, and (c) achieving successful work outcomes; and 3) knowledge gained from practice demonstrated the causal relationship between the driving force used to promote change, the resistance to change, the methods used to overcome the resistance to change, and the resulting outcomes, which is the prototype model called "Mobilize Cooperation to Develop to Be the Classroom of the 21st Century in Sarakulnawitaya School."
The Contribution of Teacher Feedback to Learners’ Work Revision: A Systematic Literature Review
Authors: Charalampous Angelos , Darra Maria
Published: July 2023

Feedback is an essential aspect of the teaching and learning process since it can objectively describe the learner's performance and guide him through revising their work to improve their academic performance. Studies regarding its application in education have recorded significant pedagogical benefits at the teaching and learning levels. The paper presents the results of a systematic literature review of 76 studies (2012-2022), which evaluated the contribution of teacher feedback to the revision of student work. The review was based on the PRISMA methodology, and studies were selected based on quality criteria. The results showed that most of the studies recorded significant benefits from the application of several types of feedback processes in the successful revision of trainees' work, such as the successful correction of errors, the improvement of the quality of their texts, the assimilation of improvement strategies and the receptivity of teachers and learners. Most of the research concerns English as a second and foreign language course and academic writing, recorded in higher education and collected self-report data, utilizing primarily quasi-experimental intervention.
The Collaborative Power of Teachers to Strengthen Student’s Global Leadership Skills
Authors: Phansawang Amornrat , Sanrattana Wirot
Published: July 2023

This research was a Participatory Action Research (PAR) methodology to implement the project “The Collaborative Power of Teachers to Strengthen Student's Global Leadership Skills in Na-ngiw Wittayasan School”, which is part of the Doctoral Program in Educational Administration's research program on 21st-century education, Mahamakut Buddhist University, Isan Campus with the concept of "Cooperative Action for Better Change". From the Planning, Acting, Observing, and Reflecting (PAOR) 2 cycles. Cycle one for each semester in the academic year 2022, with 25 teachers as research participants and 640 students in the development target group and the objectives were: 1) To change the level of practice of the research participants and The Global Leadership Skills of students to improve. From the comparison of 3 phases: before and after the practice in the 1st cycle and after the 2nd cycle practice. 2) To create learning from practice and 3) to gain knowledge from practice. The results of the research revealed that 1) there was a change for improvement, respectively, for the teachers who were research participants, the average scores from the performance assessment results were higher, respectively, from 2.92 to 3.06 and 4.00. As for the students who are the target group for development, the Global Leadership Skills assessment was also at a higher level, respectively, from 2.47 to 3.17 and 3.59. 2) The research team, the research participants, and Na-ngiw Wittayasan School gained much proficiency. 3) Generate knowledge from practice that demonstrates the cause-and-effect relationship of the applied driving force that results in a change. Including, resistance to change and how to overcome resistance to change which in this research is called “Na-ngiw Wittayasan School Model: The Collaborative Power of Teachers to Strengthen Student’s Global Leadership Skills”
Teachers with Participatory Action to Enhance 21st Century Learner Skills
Authors: Sopin Supawinee , Sanrattana Wirot
Published: July 2023

This research aimed to enhance the 21st-century skills of students at Sarakulnawitaya School by focusing on communication skills, creativity, critical thinking, and collaboration. The research methodology was Participatory Action Research. The objectives of the research were threefold: 1) change occurred, 2) learning developed, and 3) knowledge gained from practical experience. The research involved 20 teachers as co-researchers and 50 students. The results of this study compared the average performance across three phases: before and after the implementation of Cycle 1, and after the implementation of Cycle 2. The findings indicated that: 1) The implementation of 55 predetermined strategies for enhancing learners' skills in the 21st century resulted in the increase of the average scores from 2.42 to 2.74 and 3.02, respectively, while students' communication, creativity, and analytical thinking, and teamwork skills improved as reflected in their average scores of 2.46, 2.77, and 3.06. 2) The research team, participants, and educational institution gained knowledge and learning from the various implementation phases, particularly in terms of team awareness, mutual assistance, systematic problem-solving, and collaboration. 3) The research yielded valuable insights into the relationship between driving forces that hinder change, methods for overcoming resistance, and the resulting changes. This knowledge is referred to as the "Teacher-Involved Model for Enhancing 21st-Century Learner Skills in Sarakulnawitaya School."
THE EFFECT OF EXTRINSIC MOTIVATION AND JOB STRESS ON EMPLOYEE PERFORMANCE WITH JOB SATISFACTION AS AN INTERVENING VARIABLE AT PT. BANK NEGARA INDONESIA (PERSERO) TBK. USU BRANCH MEDAN
Authors: Holong Melisa Sari Pasaribu  , Ritha F Dalimunthe  , Beby Karina F. Sembiring
Published: July 2023

The success of employees in an organization, especially in banking, has a big impact on how well the resources can meet customer needs and satisfaction, which is the goal of a business. Customer satisfaction is a big part of the company's goals, which has a lot to do with how the company manages its human resources. As a result, every employee should be required to improve their performance and work towards those goals at all times. On the other hand, job stress and things that motivate employees outside of work also affect how satisfied they are at work. This study aims to analyze the effect of extrinsic motivation and job stress on employee performance with job satisfaction as an intervening variable at PT Bank Negara Indonesia, Tbk USU Branch. This research was conducted using a quantitative approach, and data were collected through questionnaires distributed to 93 bank employees by conducting Z-sobel testing on the intervening test. The results showed a positive direct influence between extrinsic motivation and employee performance. Extrinsic motivation is proven to encourage increased employee performance. Furthermore, this study also found a negative direct effect between job stress and employee performance. High levels of work stress can hinder employee performance, reduce productivity, and affect overall work quality.
IMPLEMENTATION OF THE SAME DAY SERVICE PROGRAMIN REALIZING THE LEVEL OF SERVICE QUALITY (TMP) PT. PLN (PERSERO) PADANG PANJANG CUSTOMER SERVICE UNIT
Authors: Satria Hendro , As’ari Hasim
Published: July 2023

The increasing demand for electricity by customers caused by various factors such as WFH (work from home), the development of technology that requires electrical energy as its driving force and the increasing population growth rate makes PT. PLN as the main electricity provider need a solution to answer these problems by implementing a program same day service. PT. PLN (Persero) ULP Padang Panjang is the smallest service unit of PT. PLN (Persero) which organizes the Same Day Service program. The Same Day Service program is presented to cut service time to be more effective. The purpose of this research was to determine and analyze the Implementation of the Same Day Service Program and its inhibiting factors. This research used the theory of policy implementation proposed by George C. Edward III which consists of communication, resources, disposition and bureaucratic structure. The research method used is qualitative with data collection techniques through observation, interviews and documentation. The results of this research indicate that the implementation of the Same Day Service Program at PT. PLN (Persero) ULP Padang Panjang has not run optimally. The inhibiting factors for the Same Day Service Program are the lack of socialization of the implementor to the program targets, the lack of human and financial resources and the mechanism set out in the Standard Operating Procedure (SOP) which does not pay attention to the inhibiting aspects in the program implementation process.
THE INFLUENCE OF CELEBRITY ENDORSERS ON PURCHASING DECISIONS FOR SCARLETT SKINCARE (A CASE STUDY ON A STUDENT OF MANAGEMENT DEPARTMENT, FACULTY OF ECONOMICS AND BUSINESS, MAKASSAR STATE UNIVERSITY)
Authors: Hasfira Andi , Darmawan Natsir Uhud , Ichwan Musa Muh. , Ilham Wardhana Haeruddin Muhammad
Published: July 2023

This study aims to determine the influence of celebrity endorser on purchasing decisions for Scarlett Skincare products. The sample is determined by means of a purposive sampling technique, meaning that it is determined by considering the research objectives based on the criteria that have been determined beforehand. The sample in this study was 100 respondents. Data collection techniques were carried out by means of observation, interviews, and questionnaires. The data analysis technique consisted of a validity test, reliability test, classical assumption test consisting of normality test, multicollinearity test, and heteroscedasticity test, simple regression analysis test, and hypothesis testing. The results showed that the celebrity endorser had a positive and significant influence on the Scarlett Skincare Purchase Decision in Management Department Students, Faculty of Economics and Business, UNM. Based on the results of the t test of 43.090 > 1.984 and the value of 0.000 < 0.05 with an R Square of 0.950, it shows about 95% of the celebrity endorser indicators with the most dominant influence being the attraction indicator. Meanwhile, the indicator of purchase decision with the most dominant influence is the indicator of decision on the choice of time.
Reading Comprehension And Academic Performance In English Among Grade Seven Learners
Authors:   http://orcid.org.//0000-0001-8126-1373 , http://orcid.org.//0000-0002-9496-0568 erikabiancaespia0228@gmail.com,,glen.cortezano@lspu.edu.ph, A. Espia Erika Bianca , P. Cortezano Glen ,   Department of Education Santa Rosa City, Balibago Integrated High School, City of Santa Rosa, Laguna, Philippines Laguna State Polytechnic University Los Baños Campus, Laguna, Philippines
Published: July 2023

Most students struggle with their comprehension when it comes to reading. Learners are lacking the necessary reading skills in dealing with their problems in reading comprehension. The study determined the Reading Comprehension and Academic Performance in English among Grade 7 Learners. This study employed a Quantitative non-experimental-descriptive correlational research design where the researcher developed and validated instruments utilized to gather data from 195 Grade 7 learners purposively sampled. The findings of the study revealed that the hypothesis that there is no significant relationship between reading comprehension and academic performance in English of the Grade 7 learners of Balibago Integrated High School – Extension was rejected. The hypothesis confirmed that there is no significant moderator of Grade 7 learners’ profile to the reading comprehension and academic performance in English is rejected specifically in learners’ profile in terms of sex. However, in terms of socio-economic status, the null hypothesis stating that there is no significant moderator of Grade 7 learners’ profile to the reading comprehension and academic performance in English is accepted. After being tabulated, the research showed that in Grade 7 learners, there was a substantial correlation and effect between students’ reading comprehension and academic performance in English Grade 7. It was discovered that the greater the learners’ reading comprehension, the better the students’ academic achievement. The teacher may focus on the student’s reading comprehension because it indicated impacts to the learners’ academic success. Keywords: Academic Performance, English, Quantitative non-experimental-descriptive correlational research design Reading Comprehension, Reading Comprehension Skills
Differentiated Instruction in Mathematics: Its Effect on the Level of Critical Thinking Skills of Grade 7 Students
Authors:   alfred.dailo@deped.gov.ph, rossanadailo@gmail.com http://orcid.org.// 0000-0001-6320-3532 Sta. Catalina National High School Quezon Division, Region IV-A (CALABARZON), Philippines, E. Dailo Alfredo , R. Dailo Rosana
Published: July 2023

This research used a quasi-experimental research design, specifically the non-equivalent control group pretest-posttest design. Cluster random sampling was used to determine the respondents of the study. The respondents of the study were Grade 7 students at Sta. Catalina National High School during the school year 2019-2020. Two sections among the Grade 7 students taking mathematics under the researcher for the school year 2019-2020 were selected as respondents – one section was used as curriculum compacting (experiment) and the other one was used as a flexible grouping (experiment). Each section had 30 students each such that the study will have a total of 60 student-respondents. This research study was conducted for five weeks and utilized McKenzie’s Multiple Intelligence Survey instrument in assessing the student’s multiple intelligences. The researcher crafted a 40-item multiple choice test covering the topics of undefined terms in geometry, angles, polygons, and quadrilaterals to assess the level of critical thinking skills of student-respondents. Both independent and dependent t-tests were utilized to determine the significant difference between the pre-test and post-test results of the experimental and control groups. Based on the findings, before exposing students to differentiated instructions, their level of reasoning skill was an apprentice for both flexible grouping and curriculum compacting. However, their levels of problem-solving skills were apprentice and novice, for flexible grouping and curriculum compacting, respectively. After using differentiated instruction, the student’s level of critical thinking skills from both groups was at a proficient level. Findings also showed that the mean pretest and mean posttest scores of each group of respondents were significantly different for both measures of critical thinking skills. This suggested that the two forms of differentiated instruction that were employed in this study are effective in developing students’ critical thinking skills, especially in discussing basic concepts of Geometry. This experimental study found out that flexible grouping and curriculum compacting as forms of differentiated instruction can significantly improve the critical thinking skills of the students, then it is recommended that teachers may utilize flexible grouping and curriculum compacting as forms of differentiated instruction in Geometry. Keywords: differentiated instruction, curriculum compacting, flexible grouping, critical thinking skill, problem-solving, reasoning
Selflessness – one of the three Dharma seals
Authors: Nguyen Ngoc Trinh
Published: July 2023

In the current integration and development context, people face crises in terms of economy, morality, living environment, etc. These problems originated from the perception and actions of each of us. In order to contribute to adjusting behavior, perfecting personal morality, and social development, the Buddha gave prominence to the philosophy of Selflessness in Buddhism transmission. This doctrine is considered one of Buddhism’s three Dharma seals (Impermanent – Sỏ - Selflessness). By the method of textology, comparison, and logic, the article will raise the outstanding values of “selflessness” in building ethical standards of individual Buddhist disciples and people in general from the Buddha’s perspective.
Furlough: Labour Law’s Global Response to the Pandemic
Authors: Hardy Stephen
Published: July 2023

During the global pandemic, ‘furlough’, a generic term used to describe a temporary lay-off and/or short-time working scheme, subsidized by public means in order to enable job retention, became a widely used phenomenon. But where did this concept come from? And, what legal status do such schemes have? Whilst the world hurried to manage the potential economic and social impact of the coronavirus pandemic, were existing legal rights and obligations overlooked? To that end, this paper will compare the variant job retention schemes used for the furloughing of workers. Arguably, such temporary lay-offs/short-time working, ‘furlough’ schemes have both social and economic impact at local, regional and national levels. Within such a contemporary debate, this paper will therefore comparatively evaluate the ‘furlough’ concept and navigate through the variant furlough impact typology. Overall, the paper will review how furlough schemes enabled a supervening employment policy intervention to either reshape the existing labour law measures or to emphasize existing rights and/or entitlements with no juridical effect. Regardless of its impact and legal status, ‘furlough’ has been heralded as labour law’s response to the global pandemic.
Consumer Dissatisfaction in E-commerce Transactions: Protecting the Nigerian Consumers
Authors: Amucheazi Chibike , Olewu Joshua
Published: July 2023

Information Communication Technology (ICT) has had a significant impact on modern trade and commerce in Nigeria. Unfortunately, the impact of digitization and digital technology on commercial transactions has exposed consumers in Nigeria to a variety of issues, most notably consumer dissatisfaction. The phrase ‘what you ordered versus what you got’ has become popular as a result of unfair business practices and phoney advertising. Despite this, the efficacy of existing laws to safeguard consumers in Nigerian e-commerce transactions has now been called into question, as they continue to be subjected to unfair trade practices and deceptive advertising with limited legal recourse. As a result, this paper analyses the existing legislation in Nigeria that safeguards consumers’ rights and interests in e-commerce transactions. To achieve this aim, this paper adopts the doctrinal research methodology and finds that the extant laws for the protection of consumers in e-commerce transactions in Nigeria are outdated and not adequate to prevent exploitation and unfair trade practices. Consequently, it argues that there is an urgent need for the amendment of the existing laws to protect the rights of consumers in e-commerce transactions.

E-commerce, consumer satisfaction, consumer protection law, Nigerian laws, consumer dissatisfaction, commercial law
AI and Intellectual Property Ownership: Who Is the ‘Inventor’ When the Machine Self-Develops?
Authors: Henderson Rebecca
Published: July 2023

With the rapid expansion of artificial intelligence (‘AI’) technologies and many sectors such as healthcare, banking and retail interested in taking advantage of the many benefits AI can bring, there have been many legal issues that have arisen which range from who is liable for damages where the AI machine incorrectly diagnoses a patient in a medical setting? The doctor utilizing the technology? The practice? The manufacturer? To how can you protect the intellectual property which is generated independently by AI machines which are ‘learning’?.

Artificial Intelligence
The Digital Markets Act: Regulating the Wild West
Authors: Witt Anne C.
Published: July 2023

This contribution critically assesses the European Union’s Digital Markets Act (DMA). The DMA is the first comprehensive legal regime to regulate digital gatekeepers with the aim of making platform markets fairer and more contestable. To this end, the DMA establishes 22 per se conduct rules for designated platforms. It also precludes national gatekeeper regulation by EU Member States, thereby calling into question the legality of the pioneering German sec. 19a GWB. The analysis shows that the DMA’s rules are not as rigid as they may appear at first sight. While it is more accepting of false positives than of false negatives, the DMA contains several corrective mechanisms that could allow the Commission to finetune the rules to address both the danger of over- and under-inclusiveness. A further positive is that the new regulation incorporates key concepts of the GDPR, and requires coordination between the Commission and key EU data protection bodies. On the downside, the DMA does not contain any substantive principles for the assessment of gatekeeper acquisitions, leaving a worrying gap. While the DMA’s conduct rules outlaw specific leveraging strategies in digital ecosystems and may thereby indirectly address certain non-horizontal concerns arising from gatekeeper acquisitions, it remains that the European Union’s existing guidance on merger control is seriously out of date. The merger guidelines therefore urgently need updating to include (workable) theories of harm for concentrations in the digital economy.

Digital Markets Act (DMA), platform markets, gatekeepers, fairness, ne bis in idem, digital economy, abuse of dominance, merger control
Strategic autonomy in the European Union’s external relations law
Authors: Hoffmeister Frank
Published: July 2023

The article reviews the legal significance of the European Union’s quest for “strategic autonomy” in its external relations. First the political origin of the term is recapped and a legal definition proposed: “Striving for multilateral solutions, while being able to take lawful action alone to safeguard the Union’s values, fundamental interests, security, independence and integrity!” Second, the application thereof in the EU’s common commercial policy is reviewed. In particular, the recent EU legislative initiatives that combat economic distortions on the one hand are distinguished from the pieces of EU legislation that foster EU values worldwide on the other hand. Third, the Common Foreign and Security Policy is considered. It is shown how the EU’s reaction in the aftermath of Russia’s invasion of Ukraine led to an unprecedented array of use of available instruments (European Peace Facility, ten sanctions packages, support for Ukraine for its legal cases against Russia). The conclusion identifies a new defining moment for the European project through a remarkable legal push from intergovernmental to integrationist conduct in its external relations in the 2020s.

strategic autonomy, external relations law, common commercial policy, CFSP, European Peace Facility
EU investment law at a crossroads: Open strategic autonomy in times of heightened security concerns
Authors: Sattorova Mavluda
Published: July 2023

This article examines the key pillars of the EU’s open strategic autonomy with a focus on its foreign investment policy. It explores three dimensions the EU’s investment policy: 1) the creation of the EU-wide FDI screening framework, 2) the proposal of new investigative and enforcement powers in relation to foreign investment subsidies, and 3) the proposal of new mechanisms to enforce EU values on sustainability, including human rights, environment and labour standards. The overarching objective is to unveil the forces at play in the making of EU investment policy and to interrogate the shifting attitudes towards trade and investment in times marked by geopolitical tensions and economic security concerns.

open strategic autonomy, EU investment law, foreign investment policy, foreign investment subsidies
Countering circumvention of restrictive measures: The EU response
Authors: Finelli Francesca
Published: July 2023

Restrictive measures are always complemented by an “anti-circumvention clause” which prohibits participation in activities the object or effect of which is to circumvent EU provisions. This clause plays a key role in ensuring the effectiveness of sanctions and, ultimately, the objectives of EU external action. This article intends to shed light on the obligations arising from the anti-circumvention clause, with a specific focus on financial restrictive measures against designated individuals (which essentially entail asset freeze measures against them). First, the scope of the anti-circumvention clause under EU law is defined. Second, the actors involved in uncovering and countering circumvention practices within the territory of the Union are presented, illustrating the central role of the Member States in coordinating national and supranational efforts to ensure compliance with EU restrictive measures, through constant dialogue and cooperation with financial operators and the European Commission. Third, one specific circumvention strategy is explored, namely circumvention through family members. More precisely, the article investigates whether there is a presumption of circumvention when family members are involved. To this end, it considers the case law of the ECJ on the legality of family members’ designations under EU sanctions. Throughout the analysis, the article emphasizes how the exceptional circumstances in relation to the war in Ukraine have progressively changed the design of EU restrictive measures as well as the commitment of the Union to tackle circumvention. In this context, the unprecedented emphasis on circumvention is complemented by the Union’s unprecedented desire to resort to criminal enforcement. Accordingly, the effectiveness of EU restrictive measures has become a call for effective criminal enforcement.The article, however, argues that this may not be the most appropriate choice.

Restrictive measures, anti-circumvention clause, effectiveness of sanctions, asset freeze measures
Review of the Maltese and European Laws related to the Genetic Protection of the Endemic Maltese Honey Bee (Apis mellifera ruttneri)
Authors: Borg Simone , Chetcuti Dimech David , Joe Buttigieg Abner , Farrugia Dylan
Published: July 2023

This paper is intended to study the legal protection of the Maltese honey bee (Apis mellifera ruttneri) from the point of view of preserving Maltese biodiversity, and more specifically the honey bee’s genetic status. The primary aim is to establish whether and how theMaltese honey bee can be protected, specifically through the banning of imports of foreign Apis mellifera subspecies.

States are under the general legal obligation of protecting their biodiversity. Member States (MS) of the European Union (EU) EU MS have more specific obligations to do so under EU law. However, Yet conservation of biodiversity under EU law cannot be used to restrict the freedom of movement of goods unless this is done for very restrictive and specific reasons outlined under the EU treaties.

This paper will be split into three broad sections. The first establishes whether there are legal obligations to protect the Maltese honey bee imposed on the Maltese government. The second considers whether such protection can be legally justified under EU law, including through banning imports of foreign subspecies of the Apis mellifera species. The third reviews the different methods available to protect the honey bee through the banning of imports of foreign bees. It also incorporates a comparative study of three EU MS that have protected, or are in the process of protecting, a bee native to their territories.

Environmental law, EU law, Biodiversity, Species protection, Ban on imports, Endemic species
The (Legal) Concept of Waste: An Obstacle for Exnovating Linear Economic Activities and the Transition to a Circular Economy (In the Brussels Capital Region)?
Authors: Feltkamp Régine , Hermans Tim
Published: July 2023

This contribution examines whether and how the legal framework regarding waste, as applicable, is an obstacle or not to exnovating the linear economy.

After providing an overview of the applicable legal framework regarding waste and the role of waste in the context of exnovating the linear economy (or put differently in the transition to a circular economy) (section II) the contribution dives into the concept of waste (section III) and examines the criteria that are to be fulfilled to qualify a product as waste. Once qualified as waste, a substance or good can also lose again this status if it complies with the conditions of the so-called ‘end-of-waste status’. This contribution examines how these criteria impact a circular economy.

The conclusions of the assessment are bundled in section IV.

This contribution is part of the interdisciplinary ULB/VUB research project Gosete, financed by Innoviris Brussels (Belgium). Gosete examines the governance issues related to the transition to a sustainable economy and in that context different case studies focused on the Brussels Capital Region (BCR) have been performed. This contribution thus also focuses on the legal framework as applicable to the BCR. However, to the extent this legal framework derives from EU legislation this contribution includes a more general assessment.
The Three Lives of Electronic Money Institutions
Authors: Gimigliano Gabriella
Published: July 2023

Electronic Money Institutions (EMIs) are non-banking financial institutions specialized in the issuing of electronic money and the provision of payment services. They were introduced in 2000 and revised in 2009, but the MiCA Regulation proposal will amend their legal framework. Through a legal analysis of the “lives” of EMIs, this paper argues that the European framework for EMIs has, over time, levelled market conditions for business entities professionally providing the issuance of e-money, but still lacks a consistent construction and application of European standards and waivers, suffering from a dystopian approach between public and private enforcement.

e-money, fintech, PSD 2015, MiCA, EMIs, crypto-assets, money as a social institution, level playing field, financial stability, monetary function
Regulating Crypto-Assets: Investor Protection Strategies and the 5-I’s Model
Authors: Salo-Lahti Marika
Published: July 2023

Crypto-assets are often marketed with high expected returns but as a detriment, very high price volatility comes in the same package. It is hard to imagine more controversial investment objectives than crypto-assets – their status varies worldwide from legal currency to totally prohibited illegality. Crypto-assets have been an almost unregulated field in the EU. However, the Crypto Wild West days are soon to be over, as the new EU regulation is finally coming. The growing consumer demand for crypto-assets forces to strengthen investor protection. In this paper, investor protection strategies of the crypto-asset market are systematised with the 5-I’s Model developed by the author. The model examines crypto-assets from the perspective of investor, investment, information, intermediary and issuer – parts that constitute the five ‘Is’ in the model.

5-I’s model, crypto-assets, EU regulation, MiCA, DLT, blockchain, investor protection, FinTech, regulatory sandbox, decentralised finance
To Whom Polish Directors Owe Their Duties – Between Shareholder Primacy and Political Agenda
Authors: Chalaczkiewicz-Ladna Katarzyna , Jerzmanowski Jędrzej , Sójka Tomasz
Published: July 2023

Poland is traditionally portrayed as a shareholder primacy jurisdiction – the legislation is silent on this, but it is confirmed by the Polish legal academia and the case law. Interestingly, the focus on shareholder value in Poland is not “transplanted” from the common law jurisdictions, but it is rather derived from the liberal model of the economic transformation that started in 1989 and crucially, the traditionally concentrated share ownership structure. Furthermore, in Poland, just like in the other former Eastern Bloc countries, companies that are fully or partially state-owned are still influential. The interest of such companies is in practice defined in a specific way, as apart from the projects that pay off economically, they have often engaged in ventures that bring rather political than economic gains.

The aim of this article is to scrutinise the extent to which the perception of Poland as a shareholder primacy jurisdiction still stands; especially, in the context of recent sustainability-focused initiatives at the national and European level. This piece also suggests reform proposals as to how the current law on the corporate objective could be improved. This study concentrates on the public companies with shares listed on the Warsaw Stock Exchange, including the state-owned enterprises.

Directors’ duties, corporate objective, shareholder primacy, stakeholder value, company law in Eastern Europe, state-owned enterprises, sustainability, ESG, CSR, concentrated share ownership
Occupied Territories and the Exceptions to WTO and EU Rules on grounds of Public Morality, Public Order and Public Policy
Authors: D. C. Turner Jonathan , Howard Thomas
Published: July 2023

This article discusses whether restrictions on trade with occupied territories imposed by national or sub-national authorities are permitted under exceptions to WTO and EU free trade rules on grounds of public morality, public order or public policy. The relevant provisions have a common origin and similarities in their terms. However, our analysis finds significant differences in their interpretation and application.

Restrictions on trade with occupied territories are unlikely to be permitted on these grounds under WTO rules unless there is a strong justification for the restrictions in all the circumstances and they do not discriminate between different territories where relevant conditions are similar. By contrast, such restrictions are unlikely to be permitted under EU law if adopted unilaterally by an EU member state or sub-national authority.

The different approaches and potentially different outcomes reflect the different priorities of the WTO and the EU. The primary objective of the WTO is to remove barriers and discrimination in international trade in a diverse global economy in which countries with differing values and alliances participate. By contrast, the highest priority of the EU is the integration of the economies and societies of its member states.

Occupied territories, WTO, EU, free trade, exceptions, public morality, public order, public policy, discrimination, common commercial policy
Commentary: The Pandemic: Shuffling the Deck of the Global Business Environment
Authors: Tsianaka Eleni
Published: July 2023

The pandemic created new and unknown realities for humanity, creating uncertainty in all areas of human life, such as personal, social, business, economics, healthcare, education, and politics. This study clarifies the influence and impact of Coronavirus Disease 2019 (COVID-19) on the international business environment. The pandemic shocked the global supply and demand of goods and services, testing trade resilience and adaptation. Governments realized a need to decrease international economic dependence. Many global companies – strongly dependent on China for their supplies – were seriously affected. This decreased investor confidence, shrank business, and cause unemployment, signalling a human capital crisis. Shifting to a hybrid work environment affected work routines, forcing new corporate intra-organization policies. The pandemic left its ‘fingerprint’ on the organizations because they had no option but to function under the new circumstances. Despite initial predictions, recovery is underway, which has led to stability in the global economy. Post-pandemic, we are witnessing a resumption of global demand. The pandemic’s enduring impact on international business is unknown. What we do know is that risk management and crisis preparedness will remain paramount.

business, international, COVID-19, pandemic, trade, coronavirus, crisis, black swan, globalization, risks management
The Statute of Limitation in Case of Customs Criminal Offences in the EU: A Comparative Study
Authors: Milla-Ibáñez Jorge Juan
Published: July 2023

According to the uniformed customs legislation in the European Union (EU), the normal statute of limitation for notifying a customs debt is three years. This period can be extended to a period of a minimum of five years and a maximum of ten years if the customs debt is incurred as the result of an act which, at the time it was committed, was liable to engender criminal court proceedings. Understanding the rules about what is considered a criminal court proceeding is thus essential for the extended statute of limitation that applies in case of a post-clearance recovery of customs debt. As EU Member States are competent to decide in their own legislation when an act engenders a criminal court proceeding, the application of the extended statute of limitation may be different between the Member States and cause uncertainty for market operators having customs operations in different EU Member States.

This study examines to what extent the differences in application of the extended statute of limitation in case of customs criminal offences in a representative sample of eight Member States (Belgium, France, Germany, Italy, the Netherlands, Portugal, Romania, and Spain) could hinder the uniform application of customs legislation in the EU Customs Union.

statute of limitation, customs debt, post-clearance, criminal offence
Liberalization of Higher Education Services: Exploring the Prospects and Challenges Under the ‘Australia-Bangladesh Trade and Investment Framework Agreement’
Authors: Islam M. Rafiqul , Zaman Khorsed
Published: July 2023

This article examines the potential opportunities and challenges for the liberalization of higher education services between Australia and Bangladesh under their recently concluded ‘Trade and Investment Framework Agreement (TIFA)’. Given their complementary economic imperatives, there is strong potential for growth in bilateral trade and investment in higher education services. Australia with its advanced higher education system would benefit from investments in higher education sector in Bangladesh. Bangladesh with its impressive growth performance would require educated, skilled, and knowledge-based workforce to sustain its ongoing economic development. It would benefit from the stock of human resources endowed with the high-quality education and training provided and supplied by the advanced higher education institutions and investors of Australia. This article prescribes ways of promoting and deepening their bilateral economic integration through investing in higher education services, identifies niche areas for additional opportunities, and highlights barriers to be overcome to derive and maximize mutual benefits. Education service is one of the least committed sectors under GATS. Economic growth-oriented bilateral liberalization of trade and investment in higher education services between Australia and Bangladesh is likely to have wider domino effect on others to follow, thus serving as a stepping-stone towards the progressive liberalization of multilateral trade in services under the World Trade Organization (WTO).

Higher Education, Trade in Services, Education Services, Liberalization, Australia, Bangladesh