bluuebunny/crossref_metadata_2025_split huggingface dataset:
Space Traffic Management and Space Situational Awareness: The EU Perspective
Authors: Barbano Mario 
Published: February 2023

The article aims to provide a brief analysis of the EU approach on Space Traffic Management (STM), with a focus on the European Commission and the High Representative for Foreign Affairs and Security Policy (EC-HR) Joint Communication of 15 February 2022. After some references to the relevant international and EU legal framework, the Joint Communication will be examined, taking into account the definition of STM as well as the main policy actions and regulatory measures (a blend of binding and non-binding ones). This approach will be compared with other possible levels of intervention, such as international governance (a possible International Civil Aviation Organization - ICAO model), national law (as envisaged by the US in Space Policy Directive No. 3 of 2018) or self-regulation. The EU regulatory approach to STM seems to replicate the modus operandi adopted in other policy areas (such as climate change and digitalization). Issues concerning the legal basis of future EU secondary legislation on STM, however, cannot be overlooked. The emphasis on EU strategic autonomy and security issues linked to STM shows an increasing awareness in EU institutions of the Union’s geopolitical role.
Space Traffic Management, Space Situational Awareness, European Union, Joint Communication of 15 Feb. 2022, regulatory approach, legal basis
Legality of Non-kinetic ASAT Weapons: A US Perspective on How Technology Outpaces Law
Authors: G. Robison Stephen 
Published: February 2023

Satellite vulnerability increases with every technological development. While these advancements are extraordinary, they also threaten the global economy through Anti-Satellite (ASAT) weapons. Many articles have been presented to show that a kinetic ASAT weapon is illegal under the current international law, but the analysis used fails to capture all ASAT weapons. The ambiguity and vagueness of the current laws and regulations in the Outer Space Treaty, the Constitution of the International Telecommunication Union (ITU), and Customary International Law (CIL) all fail to adequately safeguard satellites against non-kinetic ASAT weapons. These particular weapons continue to go unaccounted for as the global community concentrates on kinetic ASAT weapons. While it is important to discuss kinetic weapons, we cannot forget to develop laws regarding non-kinetic weapons. Accordingly, this article will demonstrate that under current law the deployment of a non-kinetic ASAT weapon would be legal. Moreover, this article will demonstrate how current technology outpaced international law. Overall, this article aims to uphold the principles set forth in 1967, by the Outer Space Treaty (OST), exemplifying humanity’s ultimate opportunity for international collaboration.
SEOs, Anti-Satellite Weapons, Space Law, International Relations, Global Economy, Cybersecurity
Unusual but Perhaps Not Unexpected: The Lonely Furrow Ploughed by the CJEU in Respect of an Article 17 ‘Accident’
Authors: Lawson Robert 
Published: February 2023

This article considers the interpretation given to the meaning of ‘accident’ in Article 17(1) of the Montreal Convention by Advocate Generals and the Court of Justice of the European Union (CJEU). It explains that whilst the former have given opinions consistent with the established jurisprudence of other signatory states (in particular the US Supreme Court’s decision in Air France v. Saks), the latter has not followed suit, but rather has alighted on its own erroneous interpretation of ‘accident’ in this context; which is one inimical to the advancement of international uniformity.
Passenger Liability, Article 17, Accident, interpretation, uniformity, Saks, CJEU
Article: An Environmental and Legal Component of Criminal Offenses in Conditions of the Russian-Ukrainian International Military Conflict
Authors: Anisimova Hanna , Haltsova Viktoriia , Donets Olha , Samoshchenko Igor , Shynkarov Oleg 
Published: February 2023

The article examines the ecological and legal component of criminal offenses under martial law, since the risk of man-caused accidents and ecological disasters, which threaten security, including environmental and human ones, as well as international legal order, is increasing owing to aggressor-country army’s deliberate actions. It has been argued that the consequences of the military conflict for the environment, human life and health are already considered catastrophic. It has been proven that the ecological crisis should be recognized as an existential threat to the national security of Ukraine. Pressing issues of forming interdisciplinary (synergistic) connections between environmental and criminal law science and other areas of scientific knowledge have been covered.
Considering the outlined problem is becoming of a significant relevance due to the fact that certain criminal offenses cause damage to the environment, thus, leading to its destruction. It is a matter of such criminal offence compositions as laws of the war violation (Article 438 of the Criminal Code of Ukraine (CCU) and ecocide (Article 441 of the CCU)). The expediency of improving the current criminal legislation and legal liability mechanism, which would satisfy the proportionality requirement, namely commensurate punishment of severity and consequences of the committed acts, has been substantiated. The expediency of further criminal law prohibition of ecocide in the new CCU Draft has been motivated, taking into account the degree of social danger as well as the severity of large-scale and long-term consequences for the environment and the entire humanity.
It has been proven that the state’s environmental function to ensure environmental security, fundamental constitutional environmental rights of citizens, as well as to maintain ecological balance and sustainable development on Ukraine’s territory should become today’s narrative, with the environmental security component to be further included into the sectoral state restoration programs in order to form a new environmental law under martial law both for Ukraine and European countries.
Based on our own conclusions and generalizations, proposals and recommendations for improving the current national legislation and greening the sectoral national policy components have been provided. It has been argued that legal mechanisms for fixing and determining the amount of environmental damage caused to natural resources and complexes as a result of armed aggression and hostilities under martial law should be established at the legislative level.
environmental safety, environmental damage, environmental damage, environmental right protection, country’s natural resource potential restoration, severity of consequences, state’s environmental function, environmental and legal conflictology
The No Drawback Rule in EU Preferential Agreements
Authors: Galella Patricio 
Published: February 2023

Drawback is a tool available to countries to promote their exports but also a measure that harms trade liberalization. This article argues that the no drawback rule in European Union preferential agreements does not apply when the exemption or reduction of duties derives from an EUR.1 or an origin declaration in application of that agreement. On the other hand, this reasoning cannot always be extended when the exemption of duties derives from the application of an inward processing regime. Therefore, an operator in the European Union will find more convenient and smoother to establish trade relations with operators located in countries with which the European Union has concluded preferential trade agreements.
no drawback, origin, inward processing regime, preferential treatment, Approved Exporter, EUR.1
The Growing Thicket of Multi-layered Procurement Liberalization Between WTO GPA Parties, as Evidenced in Post-Brexit UK
Authors: Sanchez-Graells Albert 
Published: February 2023

The World Trade Organisation (WTO) Government Procurement Agreement (GPA) has created the most comprehensive plurilateral system for procurement-related trade liberalization. However, there has been a proliferation of free trade agreements (FTAs) regulating public procurement liberalization, including between GPA parties. Such FTAs seek to bypass or go beyond the GPA on a bilateral basis, or with a more limited plurilateral remit. Such FTAs tend to follow a ‘GPA+’ approach to provide incremental trade liberalization based on the substantive provisions of the GPA. However, there is a trend of substantive divergence between the GPA regulatory baseline and the FTA regulation of crucial issues, such as the national treatment obligation or access to remedies. This is also true of FTAs involving the European Union (EU) or, recently, its former Member State, the UK. This creates a situation of potential conflict of treaty norms that has so far received limited attention. This article focuses on the resolution of conflicts between GPA and FTA substantive provisions under the 1969 Vienna Convention on the Law of Treaties (VCLT), using the UK’s post-Brexit FTAs as a case study. It argues for a rationalization of the system by extending the use of incorporation by reference of the GPA in FTAs involving GPA parties.
World Trade Organisation, Government Procurement Agreement, Free Trade Agreements, public procurement, national treatment, access to remedies, conflict of treaty norms, Vienna Convention on the Law of Treaties, interpretation, variable geometry
The Implementation of the Marrakesh Treaty in the European Union: An Important Piece in the Accessibility Jigsaw?
Authors: Ferri Delia , Donnellan Katie 
Published: February 2023

The Marrakesh Treaty to Facilitate Access to Published Works for Persons Who Are Blind, Visually Impaired, or Otherwise Print Disabled (Marrakesh Treaty) aims to enable the creation and cross-border exchange of copyrighted works in formats that are accessible to individuals with disabilities. To that end, it requires Contracting Parties to introduce a set of limitations and exceptions to existing copyright rules. Following Opinion 3/15 of the Court of Justice, the Marrakesh Treaty was concluded by the European Union (EU) on behalf of its Member States. It was implemented by means of a Directive governing the substantive rights of reproduction, distribution and making available of published works in accessible formats, and a Regulation governing the cross-border exchange of accessible format works with Third Countries, both based on Article 114 of the Treaty on the Functioning of the European Union (TFEU). This article examines the role of the Marrakesh Directive and Regulation in enhancing access to printed material to persons with disabilities. In that connection, it discusses common trends and perceptions of such a Marrakesh framework on the basis of empirical research consisting of a set of semi-structured interviews conducted with key stakeholders across twelve Member States. It locates the Directive and Regulation within the growing body of EU legislation that aims to ensure accessibility of an array of materials, products and services for persons with disabilities, while driving forward economic integration. In doing so, it conceives of the Marrakesh Directive and Regulation as part of the broader remit of EU disability law, which is an emerging cross-cutting area of EU action. On the whole, this article argues that the Marrakesh Treaty and its implementing legislation contribute to the protection of the rights of persons with disabilities within the internal market, but form just one piece – albeit an important one – of the accessibility ‘jigsaw’.
Marrakesh Treaty, Directive 2017/1564/EU (Marrakesh Directive), Disability, Copyright exceptions, Accessibility, European Accessibility Act, European Union Law, Implementation, Empirical Research
Interações entre Tribunal de Contas, arbitragem e as autoridades administrativas nela envolvidas
Authors: Rocha Schmidt Gustavo da 
Published: February 2023

It is in some way natural that, with the increasing use of arbitration by the Public Administration in Brazil, there will be instances where Court of Accounts and actors involved in arbitration proceedings will need to interact. Such actors include those in charge of inserting arbitration clauses in administrative agreements and those responsible for the appointment of arbitrators, as well as the parties, lawyers and arbitrators acting in the proceedings. The objective of this essay is to offer, from a theoretical and dogmatic perspective, a better understanding of the possible interferences that the Court of Accounts can promote in the arbitration sphere.
Public law; Public Administration; account courts; arbitration; administrative agreements.
Two reasons why Section 1782 is pro-arbitration
Authors: Favero Vaughn Gustavo , Luiz Yarshell Flávio 
Published: February 2023

This article deals with policy concerns regarding the availability of 28 U.S.C. § 1782 discovery in aid of private international arbitration. It focuses on two main policy concerns, and, to that effect, it aims to answer two questions. First, Does Section 1782 Undermine Arbitrators’ Control Over the Taking of Evidence? Second, Does Section 1782 Undermine International Arbitration’s Efficiency? This article answers negatively to both questions, therefore concluding that Section 1782 is pro-arbitration.
International arbitration; evidence gathering; evidence; discovery; arbitrators’ authority; comparative law; U.S. law; section 1782.
Critical Review Of The ATAD Implementation: The Implementation of the ATAD in Greece
Authors: Perrou Katerina 
Published: February 2023

This article examines the implementation of the anti-tax avoidance directive (ATAD) in Greece. It reviews the additions to and the amendments that had to be made in Greek law resulting from the implementation of the ATAD. It does so in an analytical and critical manner by exploring all of the ATAD provisions, examining the way that they were implemented into Greek law, and how they differentiate from the previous rules (if they existed at all). It examines the compatibility of the said provisions, as they have been transposed in Greece, with EU law and their compatibility with the Greek Constitution, especially in relation to the interest limitation rule, the exit tax, and the general anti-abuse rule (GAAR)
ATAD, anti-avoidance, CFC, exit taxation, GAAR, hybrid mismatches, implementation, interest limitation rule.
Article: European Union Law and Global Investment Regime: Unshell Proposal as a Next (Mis)step of the EU Against Investment Treaty Arbitration?
Authors: Kuźniacki Błażej 
Published: February 2023

This article addresses a largely unchartered interdisciplinary research area of the global investment regime and European Union (EU) law with an emphasis on the prevention of international tax avoidance in the EU. It focuses on the intersections between newly proposed anti-tax avoidance legislation by the European Commission that is known as the Unshell Directive (UD) and international investment agreements (IIAs). In this article, the author sets a stage for the intersections by discussing the Court of Justice of the European Union (CJEU) case law and the commission’s actions aimed against the most powerful enforcement tool in the global investment regime, i.e., the investor-state dispute settlement (ISDS) mechanism, by attempting to render it illegal and ineffective within the EU. The corresponding reactions from the arbitral tribunals are also addressed. The discussion evolves to identify and analyse the interplay between the proposal of the UD (also the Unshell Proposal or UP) and the IIAs to reveal that the impact of the former on the latter is ambiguous by design in order to minimalize legal certainty vis-à-vis protection of foreign investment in the EU via shell entities. This constitutes a foundation for potential, seismic tensions between the UD and the global investment regime that are not beneficial for marketing and development of the EU internal (single) market and may thus weaken the EU’s global competitiveness in the area of foreign investments.
international investment law, EU law, good faith, ISDS, tax avoidance, shell entities
Article: GloBE Rules and Tax Competition
Authors: Englisch Joachim 
Published: February 2023

This article studies foreseeable effects that a relatively comprehensive implementation of the Pillar 2 GloBE international effective minimum tax would have on international tax competition for investment. The discussion focuses on the perspective of countries that seek to attract foreign direct investment through their tax system. The paper shows that there was disagreement within the G20/OECD Inclusive Framework (IF) about the objective to curb international tax competition through a minimum tax. The reservations of some member countries have manifested themselves in the compromise design of the internationally agreed GloBE regime: With the carve-out for substance-based routine profits (the so-called SBIE), the IF abandoned the idea of setting a general floor for business tax competition at the agreed minimum rate. Instead, the SBIE establishes an effective 15 % floor only for the taxation of excess profits. Due to the additional possibility for source countries to collect any eventual minimum tax themselves through a qualified domestic minimum top-up tax (QDMTT), tax competition could theoretically continue unabated above this floor, implying the successive substitution of traditional business taxation with a domestic minimum tax mimicking the international GloBE top-up tax. Taking into account fiscal, legal, and political constraints, however, such an extreme scenario is unlikely to materialize. A broad GloBE implementation should therefore reduce incentives to use effective tax rate below 15 % (on overall profit) in order to attract high-margin investment. This notwithstanding, certain features of the GloBE Model Rules imply that some forms of business tax competition will continue as before or even gain in relative attractiveness. Due to its – albeit moderate – mitigating effects on business tax competition, GloBE might moreover lead to intensified competition for investment through other channels.
GloBE, minimum tax, Pillar 2, competition.
Policy Note: Blockchain Technology: Potential for Digital Tax Administration
Authors: Owens Jeffrey , Hodžić Sabina 
Published: February 2023

Currently, blockchain is one of the most innovative emerging digital technologies. As such, it can undermine traditional business models and revolutionize tax administration. This objective of this article is to present the potential of blockchain technology in the administration of specific tax categories such as payroll taxes, value added tax, international taxes, and customs. It also analyses blockchain technology’s strengths, weaknesses, opportunities, and threats (SWOT) with a focus on tax administration. As a generator of a substantial amount of information, tax administration requires reliable and efficient technology for processing and storing the information that is generated. The results of the analysis showed strengths such as a lower cost of fulfilling tax liabilities, a direct connection with taxpayers without the need of third parties. a higher degree of efficiency, and threats such as insufficient funds for modernization, knowledge and skills of employees, and willingness to adapt and high investment costs related to implementation. Moreover, it will modernize accounting and tax payments.
Blockchain technology, digitalization, tax administration, SWOT analysis, digital economy, digital services, tax policy
Abuse of Dominance in the Hong Kong Television Sector
Authors: Kwok Kelvin Hiu Fai 
Published: February 2023

This article critically evaluates legal developments in relation to the regulation of abuse of dominance in the Hong Kong television sector, focusing on the milestone case of Television Broadcasts Ltd (TVB). The TVB case was decided under the previous sectoral competition regime under the Broadcasting Ordinance (BO) and has since 2015 been replaced by the crosssector Competition Ordinance (CO). Nevertheless, the decisions of the Communications Authority (CA) and the Court of First Instance (CFI) in 2013 and 2016 respectively provided important insights on the application of the small but significant and non-transitory decrease in quality (SSNDQ) test in two-sided markets and the ‘purpose/object’ and ‘effect’ tests to exclusivity practices, and more generally, the analysis of abuse of buyer power in a labour market setting. Hong Kong competition authorities are likely to be confronted with similar issues as they gradually expand their enforcement activities into digital markets and abuse of market power scenarios beyond the broadcasting sector. The purpose of this article is to subject the TVB decisions, in respect of their analysis of market definition, market power, the abusive conduct, and the remedial aspect, to in-depth critique. It situates the issues in the broader context of the crosssector CO under which future cases of abuse of dominance in Hong Kong will be scrutinized.
abuse of dominance, Hong Kong, television, TVB, SSNDQ, two-sided markets, exclusivity, abuse of buyer power, labour, remedy
Pelaksanaan Pengabdian Masyarakat Tentang Kejadian Hipertensi Pada Masyarakat Pesisir Di Kelurahan Bintaro Wilayah Kerja Puskesmas Ampenan
Authors: Rispawati Baik Heni , Ernawati  , Supriyadi  , Riskawaty Heny Marlina , Halid Sopian 
Published: February 2023

Hipertensi merupakan salah satu penyakit tidak menular yang harus mendapatkan perhatian yang lebih karena hipertensi atau yang sering disebut sebagai “Silent Killer. Seseorang yang dikatakan hipertensi yakni apabila tekanan darah sistolik ≥140 mmHg dan tekanan diastolik ≥90 mmHg. Kegiatan pengabdian kepada masyarakat ini bertujuan untuk untuk mengetahui kejadian hipertensi pada masyarakat pesisir di Kelurahan dan memberikan penyuluhan kesehatan tentang hipertensi serta pencegahannya.
Metode yang dilakukan dalam kegiatan ini adalah melakukan identifikasi terhadap masyarakat yang mengalami hiperteni selanjutnya dilakukan pemeriksaan tekanan darah dan diberikan pendidikan kesehatan tentang hipertensi dan pencegahannya.
Dengan kegiatan ini didapatkan 80 masyarakat yang ditemukan mengalami hipertensi dan setelah diberikan penyuluhan masyarakat yang mengalami hipertensi mengetahui dan memahami cara pencegahan hipertensi.
Dengan adanya pengabdian ini agar masyarakat di daerah pesisir dapat menjaga pola makan, gaya hidup dan lebih meningkatkan status kesehatan dengan cara lebih teratur memeriksakan kesehatannya