bluuebunny/crossref_metadata_2025_split huggingface dataset:
A fresh look at judicial remedies in EU equality law and beyond: The untapped possibility of structural injunctions
Authors: Halberstam Daniel , Van Den Bogaert Sina 
Published: October 2023

This article proposes a shift in thinking about judicial remedies (or “sanctions”), from anti-discrimination law to equal pay and beyond.We suggest the currently preferred remedies – one-off declarations, compensation, fines, and simple orders to obey the law – may be insufficient when confronting a recalcitrant institution, complex violations, and broad, ongoing harm. In such cases, we suggest considering a remedy long overlooked in Europe: a “structural injunction”, i.e. ordering changes to an offending organization’s structure, processes, or rules. We argue that under certain circumstances, an injunction, including a structural injunction, may be appropriate or required under EU law to remedy persistent (including “systemic” or “structural”) organizational discrimination. After considering the injunctive demands of Union law, and the appropriateness of structural injunctions, we examine their compatibility with national constitutional traditions. Finally, we analyse different forms of structural injunctions to show how courts may issue them – in what we call their “modern” form – while minding the judiciary’s constitutional role and institutional competence. This article seeks to inform current theory and practice from legislative drafting to enforcement of European equality law, as well as other areas where complex or systemic organizational violations persist. Comparative analysis informs our argument.
judicial remedies, EU equality law, structural injunctions
Lies, liability, and lawful content: Critiquing the approaches to online disinformation in the EU
Authors: Shattock Ethan 
Published: October 2023

This article considers legislative approaches to online disinformation in the European Union (EU) and identifies how shifting approaches could undermine applicable fundamental rights standards in the disinformation field. The problem of online disinformation – and its disruptive effects on European elections – has attracted extensive scrutiny at the EU institutional and Member State level. Since 2018, Union institutions have pursued self-regulatory measures for disinformation and have explicitly refrained from including this content in the EU’s intermediary liability regime. A key justification for this approach has been that disinformation generally includes lawful content and that restrictions on lawful content may undermine the right to freedom of expression. As this article maps, however, standards are shifting in the EU legal context regarding online intermediary responsibilities to limit the dissemination of content containing disinformation. This is not only evidenced by a diverse set of Member State laws designed to address misleading electoral communications, but also in several provisions of the Digital Services Act (DSA) which have potential applications in this area. Drawing from relevant case law of the Court of Justice of the European Union (CJEU) and the European Court of Human Rights (ECtHR), this article provides a distillation of key European standards regarding how EU and Member State laws to combat disinformation must ensure compatibility with the right to freedom of expression. This article further considers whether – in light of these standards – divergent legislative approaches to online disinformation in the EU could undermine fundamental rights.
Disinformation, Freedom of Expression, CFR, Free Elections, Democracy
A Quantitative Ecological Analysis of the Law: A New Methodological Approach to Legal Studies on Environmental Matters
Authors: Gambino Francesco , Tassinari Mattia 
Published: October 2023

The main characteristic of economic analyses of law is the adoption of economic efficiency as the essential criterion in analysing and evaluating the effects of laws. However, contemporary environmental challenges oblige us to radically reconsider not only the legal norms underlying social behaviours but also the methodological approach and the founding principles through which said norms are defined and evaluated. This aspect lays the grounds for a new discipline which could be called quantitative ecological analysis of the law, aimed at quantifying the short- and long-term ecological benefits derived from the introduction of a law. This article develops and discusses the prospect of a quantitative ecological analysis of the law as a methodological approach useful in formulating and evaluating environmental laws. The methodological approach proposed in this article is applied to analysing two new environmental laws and quantifying, in analytical terms, the ecological benefits that could derive from the hypothetical introduction of these laws in the Italian legal system.
quantitative ecological analysis of the law, environmental law, quantitativemethods, environmental challenges, Co2 emission reduction, sustainable transport, railway transport, electric vehicles, Italian legal system.
The Eastern Neighbours and EU Security Policy: A Differentiated Integration Perspective
Authors: Rabinovych Maryna 
Published: October 2023

The EU’s decision to grant Ukraine and Moldova a candidate country status and the recognition of Georgia’s European perspective in June 2022 has significant effects for both the EU’s enlargement and security and defence policies. So far, ‘hard’ security issues have played little role in the framing of the European Neighbourhood Policy (ENP) and the Association Agreements (AAs) with Ukraine, Moldova and Georgia. Their full integration into EU security and defence arrangements will thus require considerable strategy-making and implementation efforts. This article discusses the extent to which existing external Differentiated Integration (DI) constellations can be seen as ‘building blocks’ for Ukraine, Moldova and Georgia’s prospective full integration into the EU’s security and defence architecture. It is shown that, in legal and practical terms, such DI constellations are conducive to the deepening of these countries’ integration with the EU in the security and defence domain. From the political viewpoint, the focus on DI with the new accession countries may, however, be (mis)used as a substitute for fullscale integration into the EU security and defence architecture. We, nonetheless, suggest several pilot domains that can be used to test the limits of new accession countries’ DI with the Union.
EU security and defence policy, EU enlargement policy, accession, European Neighbourhood Policy (ENP), Russia’s war against Ukraine, European Defence Agency, European Defence Fund, Permanent Structured Cooperation
The Legal Relations of the European Union with the Principality of Monaco
Authors: Butler Graham 
Published: October 2023

The European continent has only one micro-state that is not landlocked: the Principality of Monaco. This city-state along the French Riviera is an independent state under international law and is not an EU Member State. Therefore, the law and policy of the EU’s external relations applies, which must cater for the Principality’s peculiar existence because of practical necessity. The EU retains differentiated legal relations with its closest geographical neighbours, and the EU-Monégasque relationship sees several unilateral EU measures taken to account for Monaco, as well as a limited array of international agreements between the parties, including a monetary agreement. These cumulatively make up the legal aspects to their international relations with each other. At first sight, these legal relations appear limited. Yet, as this article establishes, EUMonégasque legal relations have widened and deepened over time, and an association agreement is on the horizon to account for the necessitated intensity of cooperation on a legal footing. Such a development would bring the Principality legally closer to the EU than it ever has been before.
EU, EU external relations, Monaco, Monégasque, Micro-state, International agreements
A New Kid in Town? The Evolution of the EEAS Headquarters’ Involvement in EU Climate Diplomacy
Authors: Earsom Joseph , Delreux Tom 
Published: October 2023

Relatively little is known about the precise activities of the European External Action Service (EEAS) headquarters in the European Union’s (EU’s) international climate diplomacy, especially since the adoption of the Paris Agreement in 2015. This article therefore sketches the evolution of the climate diplomacy activities undertaken by EEAS headquarters between the 21st Conference of the Parties (COP21) in 2015 and COP26 in 2021. Based on a triangulation of official documents and twenty semi-structured interviews, the article finds that although the EEAS headquarters continues to coordinate and mainstream EU climate diplomacy, it has also become more outwardly-involved and entrepreneurial. This entrepreneurship can be explained by the creation within the EEAS of an Ambassador at Large for Climate Diplomacy, the working style of the appointed ambassador, increased resources at EEAS headquarters dedicated to climate diplomacy, and a favourable institutional context within the EU. These findings provide a detailed and updated insight into the involvement of EEAS headquarters within EU climate diplomacy. Accordingly, they improve our understanding of the EU as a climate actor and also demonstrate the importance of individuals in shaping how the EU conducts its climate diplomacy.
EEAS, European Union, climate diplomacy, international climate politics
The Development of the Board Observer in Dutch Companies
Authors: Peters Wilbert 
Published: October 2023

In this article, the author addresses the development of the board observer in Dutch companies. The board observer is a relatively new phenomenon in the Dutch context (unlike Anglo-Saxon jurisdictions). In recent years, an increase has been noted in the Netherlands in the use of board observers. Basically, the board observer is a person who, as an agent and on behalf of an investor (most of the time), attends and observes board meetings and therefore receives a significant amount of information that is useful for the investor to stay up to date about the financial and operational health of the portfolio company. The author describes the motives to make use of an observer, both from the perspective of the investor and the (board of the) company. Also, the position of a board observer within the corporate governance of the company is discussed, as well as issues of confidentiality. Finally, the author addresses different authorities that can be granted to the board observer. For lawyers and other legal practitioners, it might be useful to advocate for detailed, contractual arrangements, since the board observer has no legal basis in Dutch law.
Board observer, corporate governance, Johannesburg Stock Exchange, investors, information rights, confidentiality, authorities, contracts, private equity, venture capital, advisory rights
Tackling Cross-Border Subsidies in the EU: The Need to Build on a Promising Start Part 1
Authors: Beck Jochen , Van Vaerenbergh Pieter , Ruessmann Laurent , Drandarova Kristiyana 
Published: October 2023

In two recent rulings regarding anti-subsidy duties on imports from Egypt, the EU General Court confirmed that cross-border subsidies can be countervailed under the Basic Anti-Subsidy (AS) Regulation. According to the General Court, Belt and Road subsidies granted by China to subsidiaries of Chinese state-owned companies outside China can legitimately be attributed to the government of third countries through application of international law principles. This article looks at the General Court’s findings and the implications for further AS investigations against crossborder subsidies.
Cross-border subsidies, General Court, Basic AS Regulation, Belt and Road Initiative, countervailing duties, SCM Agreement, ILC Articles
Analysis Of The Foreign Subsidies Regulation From An International Trade Law Perspective On Trade In Goods
Authors: Akritidis Vassilis , Baptiste Blancardi Jean 
Published: October 2023

The Foreign Subsidies Regulation contains provisions enabling the Commission to launch ex officio investigations into foreign subsidies distorting the internal market. The legislation is designed to be complementary to existing anti-subsiding rules and follows a logic that is reminiscent of the European competition law. This article discusses its applicability in the field of trade in goods and the risks of inconsistency with the World Trade Organization (WTO) Agreement on Subsidies and Countervailing Measures (SCM).
Foreign Subsidies Regulation, Foreign subsidies, Industrial subsidies, Basic anti-subsidy regulation, World Trade Organization, Agreement on Subsidies and Countervailing Measures, Multilateralism, Trade
Tax In History: Twenty Years After the Adoption of the Energy Taxation Directive, Is Its Reform in a Greener Sense Just an Illusion?
Authors: Bisogno Marina 
Published: October 2023

The energy taxation directive 2003/96/EC (ETD) is currently under discussion, twenty years after its adoption and after several failed reform attempts. This directive does not reflect the current European climate and energy policy framework and is not adequate to address the challenges of climate change and the green transition. Moreover, it not only fails to protect the environment but also endangers the proper functioning of the internal market.
Through a legal analysis, this contribution aims to examine the origin and evolution of the ETD until the latest Commission proposal, which is currently under negotiation, in order to investigate the weaknesses of this directive, the novelties of the recent proposal, and what risks European environmental and fiscal objectives would run if the negotiations are not successful.
European climate objectives, fit for 55 package, energy taxation, environmental taxation, climate neutrality, green transition, proper functioning of the internal market
Globe: The Potential Costs Of Cooperation
Authors: Dagan Tsilly 
Published: October 2023

This article argues that the fact that the 2021 global tax deal (focusing on Pillar 2) is cooperative is not in itself proof of the deal being beneficial (and certainly not equally beneficial) for all parties. Developing countries particularly may benefit less and possibly even lose from the agreement. The article focuses on two features of cooperation that may tilt the playing field in favour of developed countries: agenda influence and structural incentives to cooperate. Since the OECD had control over both the agenda and the ways in which the game was structured, it is not surprising that the deal served the interests of its members.
Moreover, the mechanism of Pillar 2 encourages participation and discourages future defection. In the current stage of the international tax regime, this is considered a virtue. However, it might also harbour future risks such as lock-in and cartelistic effects that might benefit the leaders of this initiative (the OECD in this case) at the expense of others. Moreover, the current regime grants significant power to those with their hands on the steering wheel. Such power could be used to disadvantage others. In the absence of mechanisms that would curtail the monopolistic power of the former, other countries risk paying excessive prices to belong in this regime.
GLoBE, Pillar II, International Tax, Cooperation, OECD, Developing Countries, Agenda Influence, Incentives to cooperate, Lock-in, Cartels
Environmental Unilateralism and the Chapeau of Article XX GATT: The ‘Line of Equilibrium’ and the Question of ‘Differently Situated’ Countries
Authors: Leonelli Giulia Claudia 
Published: October 2023

The EU is adopting a set of unilateral trade-related measures that are designed to produce specific environmental effects. Increasing recourse to environmental leverage triggers an array of questions surrounding the treatment of ‘differently situated’ (including developing and least developed) countries. This article critically examines the extent to which the Chapeau (introductory clause) of Article XX GATT requires regulating Members to differentiate the treatment of ‘differently situated’ countries where the same relevant conditions prevail, or take their different prevailing conditions into account at the regulatory design or regulatory implementation stage. It finds that the dispute settlement organs’ narrow interpretative approach cannot do justice to the claims of ‘differently situated’ countries, but has several beneficial implications in environmental protection terms. As the climate crisis spirals out of control, the environmental cost of differentiation has become too high. Regulating Members should rather combine stringent unilateral standards with truly ambitious enabling and capacity-building strategies.
Chapeau of Article XX GATT, Environmental Unilateralism, npr-PPMs, Anti- Deforestation Standards, CBAM, EU – Palm Oil, Developing Countries, Least Developed Countries, Arbitrary or Unjustifiable Discrimination, Line of Equilibrium
Rethinking Test Data Protection in China-US Trade War: Integrating Empirical and Normative Analysis
Authors: Yin Qian 
Published: October 2023

Managing Intellectual Property (IP) protection over test data is a growth strategy in the trade competition, embodied as one of the crucial topics of US-China trade negotiations. Accordingly, the US took the trade war as a tool for the rivalry in the pharmaceutical industry and furnishing domestic companies with better protection schemes and more symmetrical access to the Chinese market. Even though the Economic and Trade Agreement Between the Government of the United States of America and the Government of the People’s Republic of China (Phase-one Trade Agreement) quelled the trade war, the dualism protection mechanism – ‘confidential business information’ protection and data exclusivity rules for pharmaceutical test data warrants exploring the legal basis and practical reasons. This article explores and clarifies the China and US trade arguments on test data and specific provisions of the Phase-one Trade Agreement from both empirical and normative perspectives. The empirical study sheds light on the pharmaceutical market competition between the US and China. Then it assesses the test data protection under the Phase-one Trade Agreement in light of US free trade agreements (FTAs), domestic legislation, and the Chinese test data protection legal system. In addition to providing contextual reflections, this article proposes China-US further negotiation for test data protection from a public health-friendly perspective, considering the US and Chinese legal frameworks and priorities regarding pharmaceuticals.
Pharmaceutical, intellectual property, test data, confidential business information, data exclusivity, public health, US-China trade war, foreign trade agreements, Phase-one Trade Agreement
Game Analysis of Different Source Disclosure Model for Genetic Resources and Implications for China
Authors: Qi Liwen , Song Xiaoting , Dilixiati Diligena 
Published: October 2023

Inventions that rely on genetic resources are subject to different source disclosure models in the domestic laws of different countries. Different source disclosure models can indirectly affect the quantity and quality of patents issued in a country, thus resulting in different social benefits. Therefore, an analysis of which source disclosure model is applicable to the patent protection of genetic resources is of great importance. The economic approach of game theory is used to analyse the game of interests between patent applicants and the patent examination authority. It is found that the patent examination authority is required to introduce source disclosure rules and that the optimal equilibrium for patent applications can be achieved by requiring companies to comply with a voluntary source disclosure model under intense examination pressure. Based on this, the legislative policies of typical resource-rich countries are selected for analysis to verify the validity of the game conclusions. Finally, policy recommendations for source disclosure requirements for genetic resources in China are proposed based on the game conclusions.
genetic resources, source disclosure, patent law, game theory, mandatory model, voluntary model, patent applications, regulatory bodies, cost-benefit perspective
TEKNOLOGI COLLISION AVOIDANCE SYSTEM (CAS) TERHADAP UNSAFE ACTION DI PT XX
Authors: Riyan Saputra  , Dwi Yulia Maritasari  , Nur Sefa Arief Hermawan  
Published: October 2023

Berdasarkan data, angka kecelakaan lalu lintas di PT XX tahun 2020-2022 cukup tinggi, sehingga diperlukan perbaikan untuk mencegah kecelakaan lalu lintas dengan cara mengimplementasikan teknologi Collision Avoidance System (CAS). Tujuan penelitian ini adalah untuk mengetahui penggunaan teknologi CAS terhadap Tindakan Tidak Aman lalu lintas pertambangan oleh operator dump truck di PT. XX dari tahun 2020-2022 berdasarkan waktu, area, dan jenis tindakan tidak aman. Metode penelitian yang digunakan adalah kuantitatif yang bersifat survei deskriptif. Analisis data yang digunakan adalah analisis univariat. Hasil penelitian menunjukkan 85,4% operator melakukan Tindakan Tidak Aman. Tindakan Tidak Aman berdasarkan waktu paling tinggi terjadi pada tahun 2021 yaitu 414.674. Tindakan Tidak Aman berdasarkan area paling tinggi terjadi pada Coal Mining Hauling yaitu 297.084. Tindakan Tidak Aman berdasarkan jenis Tindakan Tidak Aman paling tinggi terjadi pada stopsign yaitu 388.539. Saran pada penelitian ini adalah perbaikan segmen jalan tanjakan (overgrade) diatas 8% dan penambahan suara alert teknologi CAS.
PEMANTAPAN MUTU INTERNAL PRA-ANALITIK PADA PEMERIKSAAN GLUKOSA DARAH PUASA DI LABORATORIUM DUREN SAWIT
Authors: Shafa Nabilah  , Enny Khotimah  , Intan Kurniawati Pramitaningrum  
Published: October 2023

Pemantapan mutu internal adalah kegiatan pencegahan dan pengawasan yang dilakukan oleh laboratorium untuk mengendalikan dan mengetahui penyimpangan hasil laboratorium agar segera diperbaiki. Pemeriksaan glukosa darah puasa memerlukan pemantapan mutu internal. Kegiatan pemantapan mutu internal dibagi menjadi tiga tahap, yaitu pra-analitik, analitik dan pasca-analitik. Pada tahap pra-analitik terdapat total kesalahan terbesar yaitu 61%, sehingga dalam pelaksanaan tahap pra-analitik penerapan Standar Operasional Prosedur (SOP) harus diperhatikan. Tujuan penelitian ini untuk mengetahui penerapan Pemantapan Mutu Internal tahap pra-analitik pada pemeriksaan glukosa darah puasa dengan melihat dari dua variabel yaitu standar operasional prosedur penerimaan pasien, pengambilan dan penanganan sampel. Metode penelitian ini dilakukan dengan cara kuesioner yang diisi secara langsung oleh ATLM yang bekerja di laboratorium RSKD Duren Sawit, dengan melibatkan 20 responden, data di analisis dengan uji validitas dan reabilitas. Hasil penelitian yang diperoleh bahwa ATLM yang bekerja di labratorium RSKD Duren Sawit sudah sangat baik, dilihat dari usia yang masih produktif, tingkat pendidikan yang sangat baik, dan pengalaman lama bekerja yang sangat baik. SOP pemeriksaan glukosa darah puasa tahap penerimaan pasien mendapatkan skor 95% dengan kategori sangat baik. Pada tahap pengambilan dan penanganan sampel mendapatkan skor 95% dengan kategori sangat baik. Sehingga ATLM sudah menerapkan SOP dengan sangat baik dan sesuai dengan standar laboratorium RSKD Duren Sawit yang berlaku.