bluuebunny/crossref_metadata_2025_split huggingface dataset:
EU Law and the Public Regulation of the Platform Economy: The Case of the Short-Term Rental Market
Authors: Schaub Martien , Kramer Dion 
Published: December 2022

The platform economy undoubtedly brings advantages, but also generates significant challenges for (local) government. National and local regulators seeking to address such challenges are confronted with limits imposed by EU law, which seemingly grants online platforms a wide degree of freedom to provide their services within the Union’s internal market. This article evaluates the room for national and local authorities to regulate platform-mediated services under the E-Commerce Directive and Services Directive after the “Airbnb cases” (Airbnb Ireland and Cali Apartments). Taking the short-term rental market as a case study, the article concludes that there is in fact considerable room to target both the intermediary services provided by the platforms (upstream), as well as the underlying services (downstream). A combination of upstream and downstream regulation is recommended for local enforcement to be effective, avoid further fragmentation from city to city and halt the trend towards ever-stricter regulation of the underlying services.
E-Commerce, Services, EU Law, Platform Economy, Airbnb, Regulation, Short-Term Rental. Digital Services Act
After the Judgment: The Implementation of Preliminary Rulings in the Hungarian Judicial System 2004–2019 and Beyond
Authors: Varju Marton , Várnay Erno 
Published: December 2022

The role played by preliminary rulings in EU legal integration and their impact on national legal systems can only be adequately understood if their implementation by national courts is scrutinized in detail. Based on a dataset collected over the past two years, this article examines the implementation of the preliminary rulings referred by Hungarian courts in the Hungarian judicial system in the period between EU accession and 2019 and somewhat beyond. Its principal aim, using the conceptual and analytical framework developed in previous scholarship, is to establish whether the so-called “implementation prejudice” observed in other national jurisdictions also characterizes national court implementation in Hungary. The article’s main finding is that in this first period of EU membership, despite the often rather hostile general climate for the application of EU legal obligations, the ECJ’s preliminary rulings have been implemented by Hungarian courts with only a handful of problematic cases arising in national judicial practice.
preliminary rulings, national court implementation, Hungary, implementation record, legal integration
Competition Law and Digital Markets: Adaptation of Traditional Categories or New Rules? Some Reflections Arising from the Amazon Cases Regarding the Access to Non-Public Data
Authors: Fratea Caterina 
Published: December 2022

The present paper is intended to analyse if alleged exclusionary abuses perpetrated by big digital platforms, with particular reference to the access to non-public data dealt with in the Amazon Marketplace case, can be assessed applying the legal standards that the Court of Justice developed around the refusal to deal and the margin squeeze practices. It also shows how the new Digital Markets Act, despite representing a step forward in the regulation of the activity of these economic operators, still leaves a few questions open, especially regarding its non-sectoral approach. Finally, the interplay between access to data and privacy rules is investigated.
Digital single market, digital platforms, competition law, abuse of dominance, selfpreferencing, access to non-public data, essential facilities doctrine, margin squeeze, digital markets act, GDPR
An Introduction to Factoring Law in China
Authors: Huang Meiling , Yuan Yongkang 
Published: December 2022

With the growth of international trade activities, the business volume of factoring in the Chinese market has shown a significant upward trend. Before the promulgation of the Chinese Civil Code in 2020, the factoring contract did not receive due attention, while its legal nature has sparked heated debate due to the complex legal relationships contained in its internal structure. However, the factoring contract is stipulated in the Contract Book as a new nominate contract in the Chinese Civil Code, which is a distinctly important milestone. The relevant provisions of the factoring contract are contained in Articles 761 to 769 of the Code, which have outlined a preliminary regulatory framework for factoring activities. However, controversies still exist in the legal interpretation and judicial practices related to factoring. This paper introduces the legislation and the related judicial practices of factoring with a detailed interpretation of the relevant articles in the Chinese Civil Code, which one could consider a remarkable example of the fusion of the Civil law and Common law systems
Factoring contract, Chinese Civil Code, nominate contract, assignment of creditor’s claims, secured transaction, fabricated receivables, notification requirements, recourse factoring, non-recourse factoring, priorities of factoring
Protection for the Self-Employed in Japan: Needs and Measures
Authors: Nishimura Itaru , Tanaka Hideki S. , Yamamoto Yota 
Published: December 2022

This article examines the protection needs of the self-employed and the developments in such protection in Japan. Arguments are put forward for further improving the protection for the self-employed beyond the existing protection framework. These efforts towards improving protection are expected to continue in the future. However, this is not to suggest that a specific stance has been adopted with regard to the content of such protection for those self-employed who are eligible. Such protection is still very much in the stage of preliminary consideration. While the development of such protection is still in the early stages, emergency steps taken in the COVID-19 pandemic have included income support measures to cover the loss of work for self-employed people whose tasks are similar to those of an employee. The self-employed who are eligible for such protection are those who seek protection. It may be argued that, regardless of the intentions of policy-makers, the policies that are pursued are a reflection of how the self-employed perceive their needs.
Self-Employment Protection, Japan, COVID-19 Pandemic, Income Support Measures
Self-Employment in the EU and Italian Legal Systems: Recent Trends and Missed Steps
Authors: Gramano Elena 
Published: December 2022

The article offers an assessment of the social protection granted to self-employed workers in the EU and Italian legal systems. It is structured as follows: first, the EU regulation currently in force is analysed to assess whether and to what extent self-employed workers can be considered entitled to social protection; second, self-employment under Italian law is analysed. The regulatory choices that set the Italian system apart from the current EU regulatory trends are highlighted, especially with regard to the use of self-employment as grounds for ad hoc regulation, and not only as the other side of the coin in relation to standard employment. In fact, since 2017, Italy has provided an ad hoc regulatory framework for self-employment, which, though not comparable to that for standard employees in terms of the level of protection, provides incipient protection specifically designed for self-employed workers. More recently, measures have been taken to support self-employed workers during market transitions and joblessness, especially in the acute phase of the Covid-19 pandemic, which in turn gave rise to the need for extraordinary income support measures self-employed workers. On the other hand, the EU continues to focus on related albeit clearly distinct issues: the fight against bogus self-employment and the extension of social protection to particularly vulnerable workers who fall outside the scope of protection of employment law. The proposed directive on platform work is the most recent evidence of this: by means of an unprecedented system of legal presumptions, it seeks to bring platform work within the regulatory scope of standard employment. In light of these developments, the concluding remarks argue that self-employment is worthy of attention on the part of the EU, not merely to avoid the circumvention of the obligations for standard employment, but above all to adopt ad hoc regulations that acknowledge and protect self-employed workers’ interests while safeguarding their social citizenship and dignity. It is argued that there is no conflict between the extension of the protection granted to employees on open-ended contracts to new types of work with a view to strengthening protection for self-employed workers.
Self-Employment, Legal Protection, Pandemic, Economic and Social Measures
When Precarity Encounters COVID-19: A Critical Analysis of Korean Policy Responses
Authors: Yun Aelim 
Published: December 2022

In the acute phase of the COVID-19 pandemic, Korea was considered a successful case of containment of infection. However, the employment protection response has not been as successful as the health response. Although the Korean Government has taken unprecedented fiscal measures, the hardest-hit groups including workers in non-standard employment are still least protected. The pandemic has found countries with widespread precarious employment at their most vulnerable. Since the 1997 Asian financial crisis, the Government has promoted the deregulation of capital and the flexibilization of labour, with precarious work becoming ‘normal’. COVID-19 shows that workers excluded from labour protection before the crisis are the most vulnerable in the current crisis. Dependent contractors are not protected from termination of contract or loss of income, while employees in a comparable situation may be supported by job retention schemes and unemployment benefits. This means employers using dependent contractors can avoid employer liability in a normal situation as well as in times of crisis. While the Government attempts to expand unemployment insurance to certain groups of dependent contractors, debates over who should bear the financial burden are underway. Employers refuse to contribute to unemployment insurance for dependent contractors, arguing that they are not the employers of these workers. This article analyses how flexibilization in Korea has affected vulnerability and the segmentation of labour protection. It argues that the ‘protection gap’ among workers resulted from political choices and the strategy of capital to transfer cost-and-risks onto workers and society as a whole. These pre-pandemic political choices undermine the chances of a fair recovery. This article argues that establishing employer responsibility is essential for a humancentred recovery.
COVID-19, Dependent Contractor, Income Support, Non-standard Employment, Unemployment Insurance, Employer’s Responsibility
Germany: The Self-Sufficient Entrepreneur Trope and the Pandemic Gnawing Away at It
Authors: Hiessl Christina 
Published: December 2022

The German response to the threat which the Covid-19 crisis has posed to self-employed workers reflects an approach which so far has largely focused on the prevention of bogus self-employment. While this approach has been further reinforced, to the point where the use of self-employed contractors has been banned outright in individual occupations, plummeting incomes of the ‘genuine’ self-employed remained unaddressed in the government’s crisis response for almost one year. The contribution describes the evolution of this approach as the pandemic progressed, and discusses whether the experience of this crisis may constitute a turning point in a policy tradition which has so far relegated the self-employed to the bare minimum of fully means-tested social assistance benefits when facing macroeconomic shocks as well as individual social risks.
In-Work Poverty in Germany, Self-Employed Workers, Bogus Self-Employment, Covid-19 Income Support Schemes, Social Assistance Benefits, Macroeconomic Shocks
Two Brief Comments on the Law Commission’s Proposed Reform of the Arbitration Act 1996
Authors: Grierson Jacob 
Published: December 2022

The Law Commission of England and Wales is currently reviewing the English Arbitration Act 1996 with a view to its being reformed. In September, it published a consultation paper making various recommendations on a preliminary basis. This article respectfully suggests that the Law Commission should revise its approach in respect of its proposed amendment to section 67 (challenges to jurisdiction) and its decision not to include in the review the question of the law governing the arbitration agreement: the former in order to protect the legitimacy of arbitration; and the latter in order to enhance legal certainty and clarity.
Arbitration Act 1996, law reform, Law Commission, section 67, law applicable to the arbitration agreement
Dutch Supreme Court Finds for the First Time on Corruption and Arbitration in Context of Annulment Proceedings: Case Report on the Bariven and Yukos Decisions
Authors: Clerck W.J.L. de 
Published: December 2022

This article reports on the findings of the Dutch Supreme Court in its first two decisions on corruption and arbitration in the context of annulment proceedings. In the Bariven decision of 16 July 2021, the Supreme Court reinstated an arbitral award which the Court of Appeal in The Hague had annulled, citing strong indications of corruption. The Yukos decision was handed down on 5 November 2021 but did not put an end to a saga which has been playing out in the Dutch courts since 2014. The annulment proceedings are currently pending before the Amsterdam Court of Appeal which will have to find on the merits of the Russian Federation’s procedural fraud defence following cassation by the Supreme Court over a refusal to admit this defence by the Hague Court of Appeal. This article is a case report, and its aim is limited to providing non-Dutch readers with insight into the Bariven and Yukos Supreme Court decisions. The article includes an introduction on Dutch annulment proceedings, the public policy exception as applied in such proceedings, and the related but distinct action of revocation.
international arbitration, corruption, Netherlands, annulment, revocation, Bariven, Yukos
NATIONAL INTEREST: PERSPECTIVES AND PRACTICES
Authors: Mehmood Khan Ehsan 
Published: December 2022

“The objectives of foreign policy must be defined in terms of the national interest and must be supported with adequate power.”– Hans J. Morgenthau
Even though, national interest is one of the most developed concepts of IR scholarship, yet it remains under the debate in academic and policy circles. Various scholars and institutions contextualize and categorize national interests varyingly. There are five main issues under deliberation: first, the interplay of power and morality in formulation and pursuit of national interests; second, longevity, durability and permanency of national interests; third, the interaction between national and public interests, and the process of interest adjudication, which is the function of the political system; fourth, Islamic perspective on national interest; and fifth, the future of national interest in the wake of growing power of the non-state actors, which have started challenging the notion of national interest. This paper revisits the concept and context of national interest with strategic arguments on different debates on national interest. Important attributes of the power potential affecting national interests are considered and conceptualized by the author. The research is descriptive, explanatory, analytical and perspective in nature.
INCIDÊNCIA DE SINTOMAS OSTEOMUSCULARES EM TRABALHADORES DE HOME OFFICE DURANTE A PANDEMIA DA COVID-19
Authors: De Souza Gudson Daniel Alves Medeiros , Paiva Letícia Martins , Silva e Borges Maria Beatriz , Boscato Kelly Letícia 
Published: December 2022

INTRODUÇÃO: O crescimento do surto de COVID-19 atingiu uma certa situação onde foi declarado “Estado de Emergência de Saúde Pública Mundial”, fazendo com que os países tomassem medidas pandêmicas de isolamento. Essa decisão teve um grande impacto global nas áreas socioeconômicas, causando interferências na vida diária, e trazendo um agravo nas questões psicológicas e também no aumento de sintomas osteomusculares. OBJETIVO: Observar a incidência de sintomas osteomusculares em trabalhadores de Home Office durante a pandemia da COVID-19 e também a avaliação da qualidade de vida e a verificação da existência desses distúrbios nos mesmos. MÉTODOS: Os participantes receberam o Questionário online de qualidade de vida The MOS 36-Item Short-Form Health Survey (SF-36) e o Questionário Nórdico de Sintomas Osteomusculares (Standardised Nordic questionnaires for the analysis of musculoskeletal symptoms). Após a coleta, todos os dados foram tabulados e, em seguida, foi observado a normalidade e também verificada a homogeneidade dos mesmos. RESULTADOS: A maioria dos participantes (68%) relataram problemas como dor, formigamento ou dormência na parte inferior das costas nos últimos 12 meses, seguido dos ombros (40%), pescoço e joelhos (36%). Foi informado também que, nos últimos 12 meses, 18 participantes (72%) foram impedidos de realizar atividades normais como o trabalho, tarefas domésticas e de lazer. Também foi observado que uma pequena parte (32%) não se consultaram com um profissional de saúde, seja médico, fisioterapeuta ou outro, para tratar as dores com que sofria. E por fim, nos últimos 7 dias, 11 trabalhadores (44%) tiveram problemas relacionados à parte inferior das costas, seguido de dores no pescoço, acometendo 9 participantes (36%). CONCLUSÃO: Foi observado um surgimento de novos casos de sintomas osteomusculares relacionados ao Home Office durante a pandemia, tendo uma maior predominância entre os participantes de problemas na parte inferior das costas, tanto nos últimos 12 meses quanto na última semana anterior ao início da pesquisa. Também foi observado uma interferência consideravelmente significativa na qualidade de vida dos trabalhadores.
vida en los extremos. Género y nación en Gertrudis Gómez de Avellaneda. Una perspectiva biográfica
Authors: Burguera Mónica 
Published: December 2022

En este artículo se explora la relación entre género y nación en la vida y la obra de Gertrudis Gómez de Avellaneda (1814-1873), especialmente desde mediados de los años treinta del siglo xix, cuando llegó a España para convertirse en una escritora de éxito, dentro de los círculos literarios del Madrid romántico. Como reconocida mujer de letras tanto la construcción de su propia subjetividad como las diferentes representaciones que se movilizaron por ella y en torno a ella articularon muchos de los debates abiertos sobre la feminidad y la nación de forma interrelacionada. La perspectiva biográfica nos ayuda a entender la inestabilidad en la que se fue redefiniendo tanto su identidad de género como su identidad nacional a lo largo de su vida, durante las décadas centrales del siglo xix.
Lokale stappen in de aanpak van gedigitaliseerde criminaliteit
Authors: Kort Jelle , Spithoven Remco 
Published: December 2022

Tackling cyber-enabled crime at the local police level
This article is based on an exploratory study into endeavors at the local police level, with the aim of tackling cyber-enabled crime. We highlight what the IJsselland police district in the Netherlands encountered in some recent developments in their approach to this new challenge. In this article we will also address the more general question of how the Dutch police at the local level can be better equipped to tackle cybercrime effectively.
PENGARUH PROMOSI PENJUALAN DAN CITRA PRODUK TERHADAP KEPUTUSAN MENGGUNAKAN PRODUK TELKOMSEL DI UNIVERSITAS PANCA MARGA
Authors: - Supriyono 
Published: December 2022

Success in a company can be seen from the accuracy of the company in utilizing existing business opportunities and implementing appropriate marketing strategies to dominate the market so that the products offered can attract consumer buying interest. The purpose of this study was to determine sales promotion and product image of purchasing decisions using Telkomsel products at the Faculty of Economics, University of Panca Marga. This type of research is to use quantitative descriptive research methods. Data collection techniques used a questionnaire filled out by 30 respondents. The data analysis technique used is descriptive statistical analysis technique using SPSS version 22 such as validity and realibility, t test, F test, Multicollinearity test, Normality test, Multyplelinear regression analisys. The results of the showed that partially sales promotion had a positive and significant effect on the decision to use telkomsel products, while the product image partially has a significant effect on the purchase decision and simultaneously the sales promotion and image the product has a significant effect on purchasing decisions.
Keywords: Sales Promotion, Image Product, decision to use.
Abstrak
Keberhasilan dalam perusahaan dapat dilihat dari ketepatan perusahaan tersebut dalam memanfaatkan peluang bisnis yang ada dan menerapkan strategi pemasaran yang sesuai untuk menguasai pasar sehingga produk yang ditawarkan bisa menarik minat beli konsumen. Tujuan penelitian ini adalah untuk mengetahui promosi penjualan dan citra produk terhadap keputusan pembelian menggunakan produk telkomsel di fakultas ekonomi Universitas Panca Marga. Jenis penelitian ini adalah menggunakan metode penelitian deskriptif kuantitatif. Tehnik pengumpulan data menggunakan kuesioner yang diisi oleh 30 responden. Tehnik analisis data yang digunakan adalah analisis teknik statistik deskriptif dengan menggunakan SPSS versi 22 seperti uji validitas dan realibilitas, uji t, uji f, uji multikolineritas, uji heterokedastisitas, uji normalitas, analisis regresi linear berganda. Hasil penelitian menunjukkan bahwa secara parsial promosi penjualan berpengaruh positif dan signifikan terhadap keputusan menggunakan produk telkomsel, sedangkan secara parsial citra produk berpengaruh signifikan terhadap keputusan pembelian dan secara simultan promosi penjualan dan citra produk berpengaruh signifikan terhadap keputusan pembelian.