bluuebunny/crossref_metadata_2025 huggingface dataset:
TÍNH HIỆN ĐẠI TRONG TRONG TƯ TƯỞNG ĐẠO ĐỨC PHẬT GIÁO HÒA HẢO
Authors: Trần Văn Phụng
Published: June 2024

Trong bối cảnh xã hội hiện nay, tính hiện đại trong tư tưởng đạo đức Phật giáo Hòa Hảo vừa là yếu tố tích cực giúp Phật giáo Hòa Hảo thích ứng với xã hội vừa là chất xúc tác kết nối tín đồ Phật giáo Hòa Hảo với công cuộc xây dựng Xã hội Xã hội chủ nghĩa ở Việt Nam trong giai đoạn hiện nay. Trong bài viết về tính hiện đại của Phật giáo Hòa Hảo, tác giả tập trung vào giá trị của tư tưởng đạo đức Phật giáo Hòa Hảo, thể hiện ở hai nội dung chính: Một là, đặc điểm tính hiện đại trong tư tưởng Phật giáo Hòa Hảo. Hai là, sự phù hợp của tính hiện đại trong tư tưởng đạo đức Phật giáo Hòa Hảo với công cuộc xây dựng Chủ nghĩa Xã hội ở Việt Nam hiện nay.
KẾT QUẢ VÀ HẠN CHẾ THỰC HIỆN CHÍNH SÁCH ĐÀO TẠO NGHỀ ĐỐI VỚI LAO ĐỘNG DÂN TỘC THIỂU SỐ TẠI CÁC TỈNH TÂY BẮC
Authors: Vui
Published: June 2024

Thực hiện chính sách có vị trí đặc biệt quan trọng trong chu trình chính sách đào tạo nghề đối với lao động dân tộc thiểu số giúp trang bị kiến thức, kỹ năng, chuyên môn nghiệp vụ nhằm giải quyết việc làm, tăng thu nhập cho người lao động dân tộc thiểu số, giúp ổn định đời sống góp phần bảo đảm an ninh chính trị và trật tự an toàn xã hội. Trong những năm vừa qua, các tỉnh Tây Bắc đã đạt nhiều kết quả trong công tác tổ chức thực hiện chính sách đào tạo nghề đối với lao động dân tộc thiểu số. Tuy nhiên, các địa phương vẫn còn gặp những nhiều khó khăn, hạn chế trong triển khai thực hiện chính sách, đòi hỏi phải có những giải pháp mang tính đồng bộ, sáng tạo nhằm tăng cường hiệu quả thực hiện chính sách đào tạo nghề đối với lao động dân tộc thiểu số tại các tỉnh Tây Bắc.
APPLICATION OF INFORMATION TECHNOLOGY IN TEACHING THAI ETHNIC LANGUAGE AT SON LA COLLEGE
Authors: Huong Cam Thi Lan  , Thanh  , Dung
Published: June 2024

Information technology has developed very rapidly in recent years and it has had a huge impact on all areas of modern life, including education. The application of information technology in teaching Thai ethnic languages has become an inevitable trend today. The research presents some information technology software, the process of building lecture designs with information technology applications in teaching Thai ethnic language at Son La College. Effective application of information technology requires enthusiasm, time and effort from teachers along with constantly improving professional qualifications, especially knowledge of information technology and application softwares... to apply to teaching in general and teaching Thai ethnic language in particular to be very necessary today .
NGHIÊN CỨU XÂY DỰNG DỮ LIỆU THUẬT NGỮ ANH – VIỆT VỀ NGHỆ THUẬT ĐƯƠNG ĐẠI PHỤC VỤ CÔNG TÁC GIẢNG DẠY, HỌC TẬP NGÀNH MỸ THUẬT TẠI TRƯỜNG ĐẠI HỌC NGHỆ THUẬT, ĐẠI HỌC HUẾ
Authors: Nguyễn Thị Hiền Lê  , Thảo  , Chung  , Cang
Published: June 2024

Sự phát triển của xã hội cùng với khoa học kỹ thuật ngày nay đã tạo nên nghệ thuật đương đại với sự ảnh hưởng rõ rệt trên toàn thế giới. Thời đại công nghệ hiện nay đã tạo điều kiện cho người dạy và người học có được sự trao đổi, giao lưu, nghiên cứu, thực hành không chỉ trong nhà trường hay trong đất nước mà còn là sự giao lưu học hỏi với các nghệ sĩ, nhà nghiên cứu ở các nước trên thế giới. Trong nghiên cứu này, nhóm tác giả xây dựng dữ liệu thuật ngữ Anh - Việt về nghệ thuật đương đại. Nghiên cứu được thực hiện thông qua các phương pháp thu thập tư liệu, phân tích, tổng hợp, phân loại và hệ thống hóa và thống kê. Quá trình nghiên cứu đã xác định được 1027 thuật ngữ với đa dạng cấu trúc, từ thuật ngữ đơn giản, thuật ngữ phức hợp, chữ viết tắt, từ viết tắt và ký tự tắt. Với kết quả này, chúng tôi đã chuyển đến các chuyên gia, nghệ sĩ, những người đã và đang thường xuyên sử dụng các thuật ngữ về nghệ thuật đương đại trong quá trình thực hành nghệ thuật cũng như trong nghiên cứu, giảng dạy để đánh giá. Từ kết quả đánh giá thu được, nhóm tác giả đã điều chỉnh và đưa vào phổ biến với mục đích đem lại sự hỗ trợ thêm về ngôn ngữ trong quá trình dạy và học.
TRANG TRÍ TRÊN MỘT SỐ CHUÔNG ĐỒNG THỜI NHÀ NGUYỄN TẠI TỈNH QUẢNG BÌNH
Authors: Phan Lê Chung  , Hương  , Lê
Published: June 2024

Chuông đồng không chỉ là pháp khí Phật giáo mà còn là di sản vật thể của cộng đồng cư dân bản địa, thông qua các trang trí và văn khắc trên chuông có thể thấy được giá trị về mỹ thuật, văn hóa, lịch sử. Tại tỉnh Quảng Bình, số lượng của chuông đồng thời nhà Nguyễn ở các chùa tuy không nhiều, nhưng đã cho thấy các đặc điểm tạo hình và trang trí khá đặc trưng của thời nhà Nguyễn. Thông qua phương pháp nghiên cứu điền dã, tổng hợp, thu thập và phân tích tư liệu, nhóm tác giả đã đưa ra nghiên cứu này với mục đích tìm hiểu về thực trạng. Đồng thời, nhóm tác giả phân tích, thống kê hệ thống trang trí và đưa ra một số nhận định về giá trị lịch sử và mỹ thuật chuông đồng thời nhà Nguyễn tại một số chùa ở tỉnh Quảng Bình, góp phần trong công tác bảo tồn, phát huy giá trị văn hóa Phật giáo trong dòng chảy nghệ thuật dân tộc.
PHÁT HUY NHÂN TỐ CON NGƯỜI THEO TƯ TƯỞNG HỒ CHÍ MINH, ĐÁP ỨNG YÊU CẦU SỰ NGHIỆP PHÁT TRIỂN CỦA ĐẤT NƯỚC
Authors: Nguyễn Văn Linh
Published: June 2024

Vấn đề con người và phát huy nhân tố con người là nội dung xuyên suốt trong tư tưởng, hành động của Hồ Chí Minh. Cống hiến to lớn của Người là ở chỗ, đã tìm thấy con đường giải phóng dân tộc - con đường cách mạng vô sản; lãnh đạo toàn dân vùng lên đấu tranh giành độc lập dân tộc, giải phóng con người. Hồ Chí Minh luôn dành sự quan tâm chỉ đạo thực hiện xoá bỏ quan hệ sản xuất cũ, xây dựng quan hệ sản xuất mới xã hội chủ nghĩa, không ngừng nâng cao đời sống của nhân dân, góp phần giải phóng con người trên mọi phương diện. Sự nghiệp phát triển đất nước hiện nay đang đòi hỏi cần nghiên cứu, thực hiện các giải pháp phát huy nhân tố con người Việt Nam theo quan điểm Hồ Chí Minh. Đây cũng là cơ sở quan trọng để Đảng Cộng sản Việt Nam vạch ra chủ trương, đường lối đúng đắn trong việc xây dựng con người mới và phát huy nhân tố con người đáp ứng yêu cầu của sự nghiệp công nghiệp hóa, hiện đại hóa đất nước.
TEACHING GONG ART OF COR ETHNIC GROUP IN THE EDUCATIONAL ENVIRONMENT IN TRA THUY COMMUNE, TRA BONG DISTRICT, QUANG NGAI PROVINCE
Authors: Sa Hoang Thi Mai  , Nga
Published: June 2024

Tra Thuy commune, Tra Bong district, Quang Ngai province is where many Cor ethnic group lives. They are known for their unique cultural traditions such as playing gongs and hand-weaving. In recent years, local authorities, leaders of the district education department, secondary schools in the district have actively promoted and preserved Cor ethnic culture to students, especially Cor ethnic student. This article studies the current situation and solutions for teaching the art of gong fighting of the Cor ethnic group in an educational environment to preserve ethnic cultural values in Tra Thuy commune, Tra Bong district, Quang Ngai province today
HIỆU QUẢ TRONG CHÍNH SÁCH BẢO TỒN VÀ PHÁT HUY GIÁ TRỊ VĂN HOÁ CHO ĐỒNG BÀO DÂN TỘC THIỂU SỐ TẠI TỈNH SÓC TRĂNG
Authors: Đặng Thị Tuyết
Published: June 2024

Với chủ trương xây dựng nền văn hóa thống nhất, đa dạng trong cộng đồng các dân tộc thiểu số Việt Nam, trong đó ưu tiên phát triển văn hóa các dân tộc thiểu số rất ít người, Đảng và Nhà nước ta xác định cùng với chăm lo phát triển kinh tế - xã hội, bảo đảm an sinh xã hội, xóa đói, giảm nghèo thì việc bảo tồn, phát huy văn hóa các dân tộc thiểu số vừa là nhiệm vụ cấp thiết, vừa có ý nghĩa chiến lược phải thực hiện kiên trì, lâu dài. Là một địa phương có đông đồng bào dân tộc thiểu số sinh sống, trong những năm qua, chính quyền tỉnh Sóc Trăng đã có nhiều nỗ lực trong việc xoá đói giảm nghèo, đảm bảo an sinh xã hội và đặc biệt coi trọng việc gìn giữ, phát huy các giá trị văn hoá cho các tộc người, tạo nên bức tranh văn hoá đa dạng, góp phần phát triển kinh tế - xã hội.
EXPLOITING BROCADE PATTERNS AND DESIGNING TOURISM PUBLICATIONS
Authors: Cuong Pham Hung
Published: June 2024

Brocade is a handicraft product with a long tradition that has been passed down through generations by artisans in ethnic minority villages and hamlets. Created by skillful hands with special materials and colors, brocade is an indispensable beauty in the material and spiritual life of each ethnic group in Vietnam. Possessing a unique beauty, brocade has been applied in many areas of life. With the fashion, many designers have used brocade material in performance collections. The delicate beauty of brocade creates costumes imbued with the traditions of the Vietnamese people, many collections are highly appreciated and create a beautiful impression on neighboring countries. With graphic design, brocade is also a unique material chosen by many designers. In particular, the success can be mentioned in the way of exploiting the beauty of brocade to design cultural publications for tourism.
Analysis of the Influence Path of E-commerce Direct Broadcast Room Bullet-screen Information on Consumers' Purchase Intention
Authors: Wang Wenting
Published: June 2024

As the Internet has grown, especially after the new coronavirus epidemic, live streaming e-commerce is very popular among people, and its forms are gradually diversified. The e-commerce broadcasting room is a complex information environment, and the bullet screen commentary is the main information source. Exploring the influence path of bullet screen information quality on whether consumers are willing to buy in e-commerce sites that stream live can help merchants better understand consumers' thoughts, improve sales policies and services, and thus enhance consumers' purchase intention and increase sales. This study builds a path model of the impact of the bullet screen's information quality in the e-commerce direct broadcast room on customers' buy intentions using a structural equation model. The research hypothesis was verified by a survey of 187 live e-commerce users. The findings indicate that both the intrinsic information quality and the representational information quality of the barrage have a positive impact on consumers' perceived value. At the same time, both of them are inversely correlated with consumers' perceived risks. Perceived value promotes purchase intention, while perceived risk inhibits purchase intention. Given that the kinds of products that customers bought in the broadcast room were not thoroughly examined in this study, there might be additional unidentified factors interfering with the relationship between customers' perceived risk and the quality of the information displayed on the bullet screen and their intention to make a purchase.
Challenges and Responses to Family Communication in the Age of Social-media
Authors: An Yuqi , Huang Jiaqi , Yang Yue
Published: June 2024

The introduction of social media has had a significant impact on many parts of modern life, including the nature of family connections, which is a developing topic of study. The purpose of this article was to look at the impact of social media on family interactions in contemporary China. To achieve this goal, a questionnaire was created to interview family members from various generations of Chinese families on the influence of social media on their intra-family ties. The poll results show that more than half of respondents believe there is a generational gap in social media use among elder family members, and the effect of closing this gap is unclear. The study found that three variables contributed to the generation gap among family members: disparities in learning ability, a lack of age-appropriate design of relevant social media applications, and differences in preferences for using social media functions. To close the generation gap, it is vital to integrate media, compensate cognitively, and encourage family members to appreciate and communicate with one another. The rise of social media is an important trend that will continue to evolve in the future. This study seeks to present fresh ideas and answers for the harmonious development of family connections in the ever-changing world of social media.
Empowering Teachers' Learning to Foster Innovative Work Behaviors of Students
Authors: Phochaito Watthikorn , Sanrattana Wirot , Phrasrivajiravati Phrasrivajiravati
Published: June 2024

This research aims to conduct research using the Research and Development (R&D) methodology to obtain an educational innovation called "online self-training program for empowering teachers' learning to foster innovative work behaviors of students" that is effective and can be applied in schools serving as the target population in disseminating research results widely. This online self-training program consists of 2 projects: 1) a teacher development project with seven self-training modules for teacher learning and 2) a teacher project that uses teachers' learning outcomes to develop students, which contains one self-training module to be used as a practice guide for teachers. The results of the experimental research in the first project found that the 14 teachers' post-test scores in the experimental group were in line with the standard criteria of 90/90 and were significantly higher than the scores from the pre-test. Moreover, the results of the experimental research in the second project found that 121 students who were the target group affected by the development had significantly higher scores from the post-test than the pre-test. Since the research results follow the specified research hypotheses, it shows that the educational innovations as the products of this research are of quality and can be disseminated for further use by teachers and students in schools that are the target population.
Strategic thinking on the new urbanization road in the era of ecological civilization
Authors: Huang Juan
Published: June 2024

The road of urbanization determines the fate of urbanization New urbanization with Chinese characteristics must meet the requirements of the times for the construction of ecological civilization and take the Ecological Urbanization Road of beautiful ecology, developed production and beautiful life. In the process of new urbanization with Chinese characteristics, building an ecological city is the direction, improving people’s happiness is the goal, building a “three oriented society” is the focus, developing ecological economy is the way, cultivating ecological culture is the engine, optimizing the “three living” space is the carrier, perfecting the “three living” system is the guarantee, and innovating the “three living” science and technology is the support. The research aims to provide new ideas for exploring a new urbanization road with Chinese characteristics.
Tierce opposition à la décision d’exequatur d’une sentence : l’art français de donner d’une main pour mieux reprendre de l’autre
Authors: Renaux Florian
Published: June 2024

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"TimesNewRomanPSMT",serif;mso-bidi-font-family:TimesNewRomanPSMT"On 26 May
2021, the French Court of Cassation ruled that the Central Bank of Libya was
allowed to make a third-party application to set aside the enforcement decision
of an award rendered in Cairo against the State of Libya. The matter was remanded
to the Paris Court of Appeal. The Paris court considered the central bank’s
standing hypothetical and declared the application inadmissible. Such a
restrictive assessment of the claimant’s standing makes unlikely any successful
third-party application against enforcement decisions of awards. It also reopens
the discussion on whether third-party applications against the award itself
should be allowed under French international arbitration law.o:p/o:p/span
Pour une déontologie de l’arbitre
Authors: Feld Guillaume
Published: June 2024

The remarkable development and success of (international) commercial arbitration over the past sixty years have been accompanied by a surge of players and by an alteration in arbitrators’ ethos, translating into misbehaviours and inefficiency which have caused ethical concerns to move to the forefront of doctrinal debates. Based on the minimalistic approach of legislators, professional institutions and arbitration centres have attempted to address some of the issues raised by commercial arbitration users. The ensuing normative inflation has added up to the confusion, rather than assuaging users’ legitimate expectations for probity, competency and efficiency that seem no longer to be arbitration’s trademark. Restoring confidence in a dispute settlement mechanism, theoretically most suited to the needs of economic actors, requires the voluntary adoption and implementation of a coherent deontological corpus, in the interest of users, arbitrators and commercial arbitration itself.
Law Applicable to Forum-Selection Clauses – Less Flexibility than for Arbitration Clauses
Authors: Mosimann Olivier Luc
Published: June 2024

The decision provides guidance on the law governing the interpretation of a forum-selection clause under the PILA. Subject to a specific and deviating choice of law that applies to the forumselection clause, and if there is both a jurisdiction clause and a choice-of-law clause, the law that applies to the main contract also applies to the interpretation of the forum-selection clause. While this decision provides more predictability and reduces the likelihood for disputes, it is not comprehensive. The decision also confirms that the more flexible rules applying to the interpretation of arbitration agreements do not apply to forum selection clauses.
The president of the European Commission and the power to request a Commissioner’s resignation
Authors: Cotter John , Butler Graham
Published: June 2024

Article 17(6) TEU provides that a Commissioner “shall resign if the [Commission] President so requests”. This terminology appears absolute and suggests that the President’s power to (essentially) dismiss a Commissioner summarily is one related to confidence. This immense power appears in the Treaties alongside the Article 247 TFEU compulsory retirement procedure, through which the ECJ can remove a Commissioner for, inter alia, serious misconduct. This article analyses the President’s power to – in essence – dismiss Commissioners, and seeks to establish the limits, if any, on this power. The article argues that a line between the President’s Article 17(6) TEU power and the compulsory retirement procedure cannot be maintained pragmatically. The article also asserts that, save for highly exceptional circumstances, the President is free to compel the resignation of Commissioners
MICAR – Gold standard or regulatory poison for the crypto industry?
Authors: Lehmann Matthias
Published: June 2024

The EU’s Market in Crypto-Assets Regulation (MiCAR) is set to reshape the legal framework of the crypto industry. For the first time, cryptocurrencies and tokens will be subject to regulation. Issuers and service providers in the crypto-assets markets will be submitted to a comprehensive regime. Especially stringent rules will apply to stablecoins. MiCAR has every chance of becoming the new global standard. But it is equally possible that MiCAR will isolate the EU from the global crypto market and stifle further innovation. To understand why, it is necessary to delve deep into its rules and examine the Regulation’s real impact.To this end, this article provides a critical analysis of MiCAR’s provisions and an assessment of their potential consequences.
VAT in the Digital Age Package: Viva la ViDA or Livin’ la ViDA Loca?
Authors: van der Doef Bart , Verbaan Naomie , Gruson John , Merkx Madeleine
Published: June 2024

Intro: In this article the authors address the proposals for the VAT in the Digital Age initiative (ViDA) tabled by the European Commission on 8 December 2022. The authors discuss the most important proposed rules on digital real-time reporting based on e-invoicing and on the VAT treatment of the platform economy that will enter into force between 2024 and 2028. This article takes the opportunity to analyse these parts of the proposals before its adoption and subsequent application and proposes possible improvements.
The Economic Network Doctrine of the CJEU in EU VAT and Customs Law
Authors: Nellen Frank
Published: June 2024

In several cases involving irregular importations of goods, the Court of Justice of the EU (CJEU) has addressed the interplay of customs duties and import VAT. According to the Court, the incurrence of a VAT liability on importation depends on whether non- Union goods have entered the economic network of the EU. Moreover, the place of importation is deemed to be the Member State where that entry took place. This study contains a critical assessment of the ‘economic network doctrine’ of the CJEU. The author concludes that the application of the doctrine is characterized by several inconsistencies. Moreover, the precise meaning of the notion of ‘entry of goods into the economic network of the EU’ remains opaque. This is also true for the location where such an entry is deemed to take place. Finally, the author argues that the doctrine is superfluous, as statutory EU VAT law contains sufficiently explicit and unequivocal rules on the levy of VAT on importation.
EU and Recycling of Critical Raw Materials: Stuck in Legal Limbo?
Authors: Turunen Topi , Suikkanen Johanna
Published: June 2024

Many policy documents have called for a higher degree of circularity in the use of critical raw materials (CRMs). This paper examines how this objective has been translated from EU policy to legislation. The analysis presents three regulatory strategies used in the current framework to promote the recovery of CRMs: indirect methods, direct regulation of single CRMs, and collective regulation of all CRMs. The indirect approach has struggled to effectively target CRMs. Direct regulation of single CRMs provides an alternative, but other than the new Batteries Regulation no legislation has introduced strong obligations requiring recovery of single CRMs. The proposed CRM Regulation would codify the main concepts relevant for governing and regulating CRMs collectively. While the legislation would create a solid foundation for these processes, its failure to put forward immediate or long-term solutions to CRM recovery remains a serious shortcoming. The present research indicates that the current legal obligations lack a focus on the recovery of CRMs, with concrete obligations to this end limited.
The EU Enlargement Strategy in the Western Balkans: Assessing the Implications Amidst the War in Ukraine
Authors: Dopchie Robert , Lika Liridon
Published: June 2024

This article critically examines the impact of the Russian invasion of Ukraine on European Union (EU) policies pertaining to the Western Balkan states, namely Albania, Bosnia and Herzegovina, Kosovo, Montenegro, North Macedonia, and Serbia. While the EU has long embraced a normative approach towards the Western Balkan region, the article argues that the Union is undergoing a profound shift towards a more geostrategic and geopolitical policy orientation. By employing an extensive analysis of the existing literature and first-hand data, this article makes a valuable contribution to the academic debates surrounding the EU’s enlargement policy (EEP), particularly focusing on its inherent limitations as a normative power. The findings reveal significant inconsistencies within the EU’s treatment of individual Western Balkan countries, with notable concessions being disproportionately granted to Serbia at the expense of the Union’s credibility. It exacerbates the pressure faced by the Western Balkan region, consequently providing fertile ground for Russia to exploit and amplify its illiberal influence in the area.
Der Allgemeine Teil des neuen chinesischen Zivilgesetzbuchs im Vergleich zum deutschen BGB (Teil 2): Eine rechtswissenschaftliche und -terminologische Untersuchung der Zivilrechts-, Rechtsgeschäfts- und Zivilhaftungsregelungen
Authors: Wang Qiang
Published: June 2024

On 1 January 2021, the newly codified Civil Code (CC) came into effect in the People’s Republic of China, having been high on the political and legislative agenda in recent years and approved by the National People’s Congress on 28 May 2020. Since the founding of the People’s Republic (1949), numerous attempts have been made to codify its civil law. The CC is undoubtedly a landmark in China’s overall legal history, particularly with regard to civil law legislation, which, in contrast to the country’s long and turbulent history, had only begun in the late Qing Dynasty (1911). Preceding the enactment of the Civil Code of the PRC, the General Part of the Civil Law of the People’s Republic of China, to which the CC’s General Part is basically identical, had already been adopted and enacted in 2017. With this step, China’s legislators succeeded in replacing the General Principles of the Civil Law of the People’s Republic of China, which by then were already 31 years old, together with their supreme court interpretation, and finally set the course for the codification of the People’s Republic of China’s civil law. In view of the codification-historical and jurisprudential position of the CC’s General Part in China’s civil law and of the new codification as a whole, it is appropriate to present it to German-speaking and international legal experts, primarily in comparison with the General Part of the German CC, which served or will serve as the most important foreign source of knowledge in the creation of the CC and in its applicationrelated optimization. In this respect, this treatise, consisting of two parts, appreciates the renewal achievements of the CC’s General Part and examines its regulations in a comparative legal manner, focusing on the legal subjects, civil rights, legal transactions (including representation) and civil liability in terms of legal doctrine, technology and concepts.
Digital Platforms and Insurance Coverage of Damages on Third Parties
Authors: Andersen Marlene Louise Buch
Published: June 2024

The article addresses the legal issue of insurance coverage for third-party injuries caused by a courier when delivering food on behalf of a digital labour platform. In the article, the legal challenges that can arise from an insurance perspective when damage is caused to a third party by a courier working for a platform will be analysed. There is a focus on the liability that could be imposed on the platform and the courier respectively. It also examines the types of insurances that could cover the claim, including the terms of the specific insurance contract, which are crucial in this context. The definition of the role of the platform and the courier, including the contractual aspects relevant to the assessment and the specific circumstances which will have a particular relevance in insurance law aspects, are also analysed. It is of particular interest whether the courier will be considered as self-employed or employed by the platform from an insurance law perspective. The article concludes, among other things, that two types of insurance in particular are of central interest in the current damage situation and concludes which elements will be the decisive ones in the insurance law assessment of the scope of coverage of the damage.
Online Marketplaces and Product Liability: Back to the Where We Started?
Authors: Verbruggen Paul , Ulfbeck Vibe
Published: June 2024

Online marketplaces have become key actors in the global distribution and sale of goods. However, various incidents and reports around unsafe and dangerous products sold via these digital platforms have raised concerns amongst consumers and regulators. Taking developments in American case law as a starting point, the article analyses the extent to which online marketplaces are liable for harm caused by defective products based on harmonized rules of product liability law in the European Union (EU). The analysis shows that the business models operated by online marketplaces, including its contractual governance over commercial transactions concluded via its services, effectively place these platforms outside the scope of product liability law as regulated by the European Product Liability Directive (PLD). Moreover, these models can make it very difficult for victims to hold other actors in the supply chain liable under the harmonized regime of product liability law. This means that – paradoxically – consumers who rely on the contemporary phenomenon of digital platforms for their day-today purchases of goods must return to the original tools of general contract and tort law to successfully pursue a product liability claim against online marketplaces. In that sense, they are now in the same legal position as victims were vis-à-vis producers and distributors at the advent of modern product liability law in the 1960s.
Children’s Adoption in ECtHR Case Law: Opportunities or Threats for Italy?
Authors: Long Joelle
Published: June 2024

The European Court of Human Rights’ (ECtHR) case law on children’s adoption has been calling for a rethink of well-established domestic principles and practices in Italy. For instance, Strasbourg decisions were instrumental in getting Italian courts to acknowledge that the adoptee’s right to private and family life may require access to his or her birth record and adoption file and, sometimes, even contact with the family of origin after adoption. Other challenges launched by the Court, thus far not fully addressed by Italian social services, concern the need for specific support for migrant parents and the necessity to consider their sociocultural background when assessing parental skills. Still, the Court’s tightening of the grounds for adoptability and its favour for simple adoption over full adoption result in an emphasis on blood ties and parental rights. There is a danger of disqualifying adoption where serious neglect put children’s development at risk. In addition, this trend could create ambiguous situations where the family of origin is unsuitable to raise the child but could interfere in the adoptive family’s life. A disenchanted approach to the ECtHR case law therefore seems to be necessary.
Non-contractual Liability in the Context of Artificial Intelligence: The Long Way to New EU Legislative Tools
Authors: N. Truli Emmanuela
Published: June 2024

The European Union institutions have many times expressed their interest in the economic growth potential of Artificial Intelligence (AI) technologies, but also in protecting the European citizens from the respective risks. The existing rules do not seem adequately equipped to address them and there is a call for action in this new regulatory field at the EU level. The study presents the most important initiatives of the European Union institutions in the field of non-contractual liability for damage caused by the application of AI technologies. Thereby, it takes part in the debate on the possible features of a new system of liability for damages caused by AI technology and attempts a first assessment of the path towards the creation of this new EU liability system.
The Application of Private Law in the Public Sector: A Key Issue in the Legal Theory of EU Member States
Authors: Szczepaniak Rafał
Published: June 2024

This text presents a brief synthesis of the most important problems associated with the application of private law in the public sector which have arisen in the last 200 years in the States of Continental Europe. In the author’s view, the application of private law in the public sector is one of the key issues tackled by legal theorists in the EU Member States. At the same time, this issue is not limited to private-law relations involving public entities. In the last 200 years, the institutions and principles of civil law have also served as the building blocks for the development of public (administrative) law. The analysis of the application of private law in the public sector can be very inspiring and fruitful. Such investigations help in unravelling the issues indicated in the subheadings of this text. Among other things, they brings us closer to grasping the essence of the public-private law division. The place of private law in the whole legal system can thus be defined more precisely. This analysis also provides methodological grounds for developing the concept of the constitutionalization of private law, including its most spectacular manifestation, namely the horizontal application of the constitution. In the author’s opinion, the analysis of the application of private law in the public sector also confirms the efficacy of the functional method, which, while being one of the oldest methods employed in comparative law, still prevails in this field. This method is grounded in the conviction that similar or even identical problems occur in different countries. This is especially true of countries which are closely related in terms of their legal systems – such as the EU Member States. Consequently, the measures applied in one legal system to address certain problems are the functional equivalent of the solutions applied in other legal systems. Of course, these equivalents or counterparts may have varying degrees of effectiveness.
Wholesale Instant Transplants Through Transnational Legislative Dialogue?
Authors: Bantekas Ilias
Published: June 2024

This article argues that the SEZ (Special Economic Zone) ‘Abu Dhabi General Markets’ (ADGM), with its introduction of the English legal system as its own legal system, has entered into a grand experiment of transplants where private and constitutional law is largely indistinguishable. This is the first time in history where an entire legal system is transplanted without coercion. As it cannot survive on its own, the ADGM is in the process of what this author calls ‘transnational legislative dialogue’. Hence, along with the legal transplant itself it has, the ADGM has equally transplanted the institutions that sustain English law, including a synergy with private stakeholders, such as an extensive body of English-speaking legal professionals. It is argued that although the aim of the ADGM is to transplant English statutory law, the medium of communication between the speaker (English legal system) and the listener (fledgling ADGM legal system) is the common law. The constitutional relationship between the ADGM and its corporate citizens cannot but be predicated on norms that are as liberal and as flexible as the private laws that permeate the life of the ADGM. As a result, while this transplant seemingly only involves private law, it indirectly also encompasses constitutional norms of a liberal character.
Private International Law and Artificial Intelligence: An EU Perspective
Authors: Poesen Michiel
Published: June 2024

This article bridges artificial intelligence (AI) and EU private international law (PIL), also known as ‘conflict of laws’. PIL is the body of (usually domestic or regional) rules that determine which country’s law applies to cross-border private legal relationships, such as contracts or torts. The article will start by bringing EU PIL to bear on the application of AI in cross-border settings. To that aim, it will first evaluate whether the current framework is up to the task of determining what country’s law is applicable to claims (with an emphasis on liability claims) arising out of private applications of AI systems. Then, the article will turn to discuss a recent proposal of the European Parliament for a bespoke future Regulation concerning civil liability for AI systems, including a novel rule of PIL. Finally, the enquiry will switch perspective by outlining how AI can facilitate the application of often complex rules of EU PIL in practice.
Machine Learning and the Relevance of IP Rights With an Account of Transparency Requirements for AI
Authors: Bayamlioğlu E.
Published: June 2024

As a sub-branch of Artificial Intelligence (AI), Machine Learning (ML) is an inductive method of problem solving which can accomplish tasks that once required human participation and discretion. As governments and other institutions increasingly deploy ML-based systems to predict, rate and act upon individuals’ behaviour or personal traits, there is growing political and legal demand for transparency so that the outcome of these systems could be interpretable, and thus contestable where necessary. Previous research has revealed that transparency in automated decisionmaking (ADM) entails not only openness and disclosure in the conventional sense but further administrative and technical measures such as the algorithmic audit or black-box testing of these systems. The implementation of such broadened scope of transparency inevitably involves the reproduction and/or adaptation of the relevant informational elements and components of the ML-based systems. This gives rise to the questions: (1) to what extent reliance on Intellectual Property (IP) rights could excuse automated decision-makers from the obligation of making transparent and contestable decisions, e.g., under Article 22 of the General Data Protection Regulation (GDPR); (2) what are the counter-arguments based on statutory exceptions and limitations restricting IP rights; and (3) what may be the possible solutions either within the IP regime or through regulatory intervention. Overall, the paper aims obtain a macro-view of the potential areas of conflict between the possible transparency measures/tools and the relevant IP regimes – i.e., copyright, sui generis database right and trade secret protection.
Responsible Corporate Citizenship: It’s the State, Stupid!
Authors: M. Smits Jan
Published: June 2024

This contribution calls for a fundamental rethinking of the foundation of the duty of corporate citizenship. The benefits enjoyed by a legal person, in particular when used as a vehicle to run a listed corporation, come with obligations, not because of some ethical responsibility or a misunderstood noblesse oblige, but because promoting the societal interest is inherent to the purpose of the corporation. Whoever wishes to use the legal person as a vehicle for business activities, with all its associated advantages, thereby also submits to the partly public character of that legal status and thus to the pursuit of public goals. This provides a deeper foundation for corporate social responsibility than the notion of corporate interest, which is strongly related to the actual day-to-day actions of the company and not to the basis for its existence. It is also argued that this should lead to specific binding standards of what corporate citizenship entails. To the extent that such standards cannot be made at the European level, the role of national regulation, and thus of the state, must necessarily increase to protect citizens from the excesses of global capitalism.
Limitations to the Development of Loyalty Shares in the Netherlands?
Authors: In De Braekt F.C.M.
Published: June 2024

Over the past fifteen years, the implementation of loyalty share schemes has attracted growing attention in the Netherlands. Such schemes are generally introduced to incentivize long-term shareholdership by granting additional dividend or voting rights to long-term shareholders. It is often assumed that a loyalty share scheme is permitted under Dutch law provided that all shareholders can meet the applicable criteria to access that scheme. In 2020, the Amsterdam Court of Appeal rendered its unprecedent judgment regarding Mediaset in which the implementation of a loyalty share scheme was successfully challenged. Although I would not expect the ruling to entail any ground-breaking changes for current practice, it most certainly serves as a good reminder that, when implementing loyalty shares, careful consideration must be given to the purpose to be pursued and that the modalities of the scheme must be in line with that purpose, especially if a major shareholder has a controlling interest.
New Rules for Incorporating Business Corporations and Becoming Board Members in the Czech Republic
Authors: Lasák Jan
Published: June 2024

In the course of 2023, certain amendments to the Czech corporate law gradually came into force, which reduced administrative burden and costs of incorporating new business corporations in the Czech Republic. At the same time, new rules on becoming board members of Czech business corporations were introduced.
The New Digital Architecture of the Urban Space: Typology and Legal Anatomy of Mobility Platforms
Authors: Rodríguez de las Heras Ballell Teresa
Published: June 2024

Mobility platforms are reshaping the digital architecture of the urban space and profoundly transforming the use, access to and offer of transportation services. In this context, mobility emerges as a powerful concept encompassing a variety of traditional and novel transportation services in an integrated, innovative, technology-intensive, data-driven, user-centric model. The typology of mobility platforms is wide and diverse, from mere aggregators of services to genuine multimodal services providers, from simple searchers to transactional environments or P2P schemes. The design and the operation of the platform is not only delineating and crystallizing the business model, but also defining the legal anatomy and the applicable rules to the platform operator, and the platform users’ activity. The aim of the article is to map the typology of mobility platforms and to describe their legal anatomy. Upon the mapping, the article dives into the legal nature of the operator in each model, identifies the main legal issues, and explores the implications of the legal design and operation on the operator’s liability as per ECJ decisions. The analysis is framed into the ongoing EU regulatory initiatives on platforms to assess their adequacy to mobility platforms and discuss the need of a sector-specific approach.
Mobility as an Economic Service of General Interest: The Current EU’s Legal Framework and the Challenges Ahead
Authors: Damin Federico
Published: June 2024

In December 2021 the EU Commission published the Sustainable and Smart Mobility Strategy to strengthen the internal market and grant fair universal access to everyone. However, the Strategy does not provide for a comprehensive governance for this fundamental transformation. The aim of this article is to explore whether the EU’s current legal framework can regulate emerging disrupting phenomena as Mobility as a Service (MaaS) in the market of public transport. According to the Commission, the MaaS should be integrated within the transport network to enhance the accessibility to public transport. Thus, the first part of the article analyzes EC Regulation n. 1370/2007 on public passenger transport and the package of Directives regulating public procurement and the award of concessions. The second part of the article is dedicated to ascertaining whether shared micro-mobility, as a fundamental element of MaaS mobility, could be a service of general economic interest and the first solutions adopted by the Commission and by Member States regarding the integration in public transport.
Machine or Robot? Thoughts on the Legal Notion of Autonomy in the Context of Self-Driving Vehicles and Intelligent Machines
Authors: Luigi Totaro Davide
Published: June 2024

As machines, and namely vehicles, become increasingly independent and capable of tasks ever-growing in complexity, uncertainties rise concerning which legal framework they should be included into. Indeed, from a legal standpoint, one of the most disruptive features of these artificial agents is widely considered to be their capability of defining their course of action, in order to pursue a given task, independently from direct human control and as a consequence of the challenges and characteristics of the environment they are operating in. Aiming to provide some much-needed clarity in this area, this paper addresses the necessity of reaching a narrower legal notion of autonomy, avoiding relying solely on its technical definitions. Accordingly, this paper will: (i) analyze the meaning of autonomy in the context of autonomous vehicles and attempt to identify its structural characteristics; (ii) address the most legally challenging properties of such systems i.e., “Self-Determination” and “independence from Human Control”; and (iii) after pointing out some overlapping aspects between the factual behavior of autonomous vehicles and clerks appointed for merely executionary tasks, attempt to strengthen the existing EU legal notion of autonomy applicable to artificial agents.
The Duty of Due Diligence: A European Race to Corporate Responsibility and Sustainability?
Authors: Adams Anaïs , Škvařilová-Pelzl Petra
Published: June 2024

In the recent years, Member States alongside the European Union have adopted a variety of standards and legislation promoting a responsible business conduct through the respect of due diligence obligations. Yet, this patchwork of legislation has inevitably led to an uneven level playing field for undertakings and failed to provide effective access to justice for victims of corporate human rights and environmental violations. With the publication of a proposal for a Directive on Corporate Sustainability Due Diligence, the European Union now aims to shape a more coherent and general due diligence framework, pressing Member States to rethink their legislation. Nonetheless, it still remains unclear how this general framework will be enforced by Member States and undertakings in practice. In the wake of the European negotiations, it is crucial to unravel the main stumbling blocks the European Union and Member States may face when adopting and enforcing a comprehensive due diligence legislation. **Drawing on a comparative analysis of national and European legislation and caselaw, this article provides an oversight of the key issues encountered by Member States and the European Union in practice, in order to enhance the legal discussion and support effective legal developments at the European and national level.
The Proposed Corporate Sustainability Due Diligence Directive: Corporate Liability Design for Social Harms
Authors: Lafarre Anne
Published: June 2024

Several binding regulatory initiatives in ‘home states’ were recently introduced against corporate wrongdoing in global value chains (GVCs), including the French Vigilance law, the German Supply Chain Due Diligence Act, the Norwegian Transparency Act, and the Dutch Child Labour Due Diligence Act. These initiatives seem to result in a patchwork of national requirements, particularly regarding the consequences of non-compliance and enforcement. The long-awaited proposal for a European directive on Corporate Sustainability Due Diligence (CSDD) of 23 February 2022 seeks to break through this fragmentation and aims at setting harmonized ex ante incentives for corporate decision-makers to avoid and limit adverse impacts as regards human rights and environmental matters. In this article it is argued that, in contrast to the existing sub-optimal solutions like veil piercing, the CSDD’s mandatory due diligence obligations can indeed provide appropriate incentives, but selecting the right enforcement mechanisms is key for effective enforcement of these obligations. Based on existing law and economics research, this article provides some important insights for the European legislator on how corporate sustainability due diligence enforcement can best be shaped.