bluuebunny/crossref_metadata_2025_split huggingface dataset:
Together but separate: decoupled Variscan (late Carboniferous) and Alpine (Late Cretaceous–Paleogene) inversion tectonics in NW Poland
Authors: Krzywiec Piotr , Kufrasa Mateusz , Poprawa Paweł , Mazur Stanisław , Koperska Małgorzata , Ślemp Piotr 
Published: March 2022

Abstract. In Europe, formation of the Palaeozoic Variscan orogenic
belt, and the Mesozoic–Cenozoic Alpine–Carpathian orogenic belt led to a
widespread inversion events within forelands of both orogenic domains. We
used legacy 2-D seismic data together with the newly acquired 3-D seismic data
that, for the first time, precisely imaged sub-Zechstein (i.e.
sub-evaporitic) upper Palaeozoic successions in NW Poland in order to
develop a quantitative, balanced 2-D model of the late Palaeozoic–recent
evolution of this area, characterised by a complex pattern of repeated
extension and inversion. Four main tectonic phases have been determined: (1) Late Devonian–early Carboniferous extension and subsidence possibly
related to extensional reactivation of Caledonian thrusts, (2) late
Carboniferous inversion caused by the Variscan orogeny, (3) Permo-Mesozoic
subsidence related to the development of the Polish Basin and (4) its Late
Cretaceous–Paleogene inversion. Variscan and Alpine structures form a
superimposed multilayer inversion system, mechanically decoupled by the
Zechstein evaporites.
MATABGACHA TA’LIM TASVIRIY FAOLIYAT MASHG‘ULOTLAR JARAYONIDA NOA’NANAVIY USULLARDAN FOYDALANISH YO‘LLARI
Authors: Maxmudova Oybarchin 
Published: March 2022

Ushbu maqolada maktabgacha ta’lim tizimida tasviriy faoliyat texnologiyalarini egallashdagi ko‘nikmalar, qo‘llanadigan o‘qitish usullariga yaxlit yondashuvlarni mazmuniga to‘g‘ri tanlashdagi o‘ziga xos xususiyatlar, tasviriyfaoliyat mashg‘ulotlarini o‘tkazish samarali yo‘llari yoritilgan.
Likely Paths of a More Active Regulator
Authors: Mayhew David 
Published: March 2022

The Legal Services Act 2007 introduces a new regulatory regime for lawyers. Since January 2007 solicitor regulation has been in the hands of the Solicitors Regulation Authority. On 1 July the much awaited Solicitors’ Code of Conduct came into force.
The SRA talks of a risk based approach to regulation and has emphasised the need for transparency over, for example, its enforcement actions, concepts familiar to lawyers in financial services regulation. This paper sketches out the new regime and explores the parallels with financial services regulation and practice to identify where the SRA is heading, drawing on experience with not only financial services, but also solicitors disciplinary matters.
Recent Developments in Labour Laws in Singapore
Authors: Swee Kian Catherine Tay 
Published: March 2022

Singapore’s Employment Act has been updated for the first time since 1995. The significant changes that have been introduced are to keep pace with a changing labour market, a growing number of white–collar workers and rising salaries. The new labour laws, which came into effect on 1 January 2009, offer basic benefits and standards such as salary protection, minimum employment terms and a dispute mechanism.
The Employment Act’s scope of coverage has been expanded in many ways, such as to include all workers with a monthly salary ceiling of USD 2,000, up from USD 1,600. The revision on the coverage was made to keep pace with changes in the workforce profile. The Employment Act removed the exclusion of ‘confidential staff’, such as accounts assistants, human resource clerks and secretaries, so that these are now entitled to basic employment benefits. For the first time, junior executives and managers earning up to a maximum of $2,500 a month have access to the Labour Court for salary claims. Besides offering greater protection to workers, such new rules balance the interests of employers and employees.
Are the English Courts Ready for Service through Facebook?
Authors: Drane Joanne 
Published: March 2022

On 16 December 2008, in the case of MKM Capital Property Limited v. Corbo and Poyser, Master Harper of the Australian Capital Territory Supreme Court permitted service of a default judgment via the social networking website Facebook. The first part of this article considers the MKM Capital decision and an earlier decision of the Queensland District Court, in which permission to serve via Facebook was refused.
In the second part, after providing an outline of the recent amendments to the rules for service of documents contained in Part 6 of the Civil Procedure Rules (CPR), which came into force on 1 October 2008, this article then goes on to consider whether, on the basis of existing case law and in light of those amendments, the English courts would be likely to permit service of documents through Facebook or another social networking website.
Construction Industry Database Prosecuted by Information Commissioner
Authors: Crowley Sean , Graham Nick 
Published: March 2022

The use of a database service to allow employers to vet potential employees should be checked for Data Protection Act compliance as the use of data in an incompatible manner may expose your organisation to enforcement action from the Information Commissioner’s Office (ICO) and damaging public relations. If an organization wishes to carry out ‘vetting’ of potential employees, it is key that the whole process is open and transparent and is only carried out where it is justified.
This article explains why and sets out steps which any data controller wishing to vet potential employees should consider.
Business and Human Rights: The Anthropomorphic Errors
Authors: Soto-Miranda Diego F. 
Published: March 2022

A jurisprudence-based analysis of the judiciary's seemingly erroneous anthropomorphizing of commercial entities through self-misconceived perceptions of their statutory obligations under ss 2 and 3, HRA 1998, which might in fact be a clever, mechanically-convenient subterfuge, designed to both: (a) appease and appear to conform to the 'elective dictatorship' of the parliamentary masters; and (b) implement the personal prejudgment of what the individual judge, in good conscience', perceives as being the best interest outcome for the social majority. Irrespective of the reader's philosophical perspective, a more transparent alternative is offered, safeguarding the fundamentally important principle of justice through certainty. This first part of a two-part article examines all the human rights cases reported in the Lloyd's Law Reports and the All England Law Reports (Commercial) from October 2000 to December 2010, analysing their significance within the evolving modus operandi of the judiciary. The second part of the article will contain the author's conclusions.
Harassment at Work: Isnt It Really a Matter for Health, Safety and Well-Being Law?
Authors: Leighton Patricia 
Published: March 2022

It is arguable that, despite complexities, harassment and bullying in the work[place should be seen holistically: redress should not depend on a causal link between characteristics of the victim as a driver of the conduct and that notions of dignity, respect and well-being should underpin the law. Equality law is too personalized, too complex, too susceptible to changing political agendas to provide adequate protection for people at work. The growing awareness of the costs in human and economic terms of failing to deal with bullies and bullying should put pressure on the legal system to explore more adequately what areas of law are best suited for this role. After explaining what harassment and bullying are this article looks at current controversies, equality law; the EU's role; recent case law; and other areas of relevance before making recommendations.
The Control of Community Concentrations Under Regulation No. 139/2004  Part III
Authors: Laskowska Magdalena 
Published: March 2022

The first section of this three-part article looked at concentrations of Community dimension, beginning with an outline of the evolution of the Community’s merger legislation and its objectives before providing general remarks on concentrations of Community dimension followed by description and definition of: the concept of concentrations; types of acquistions of control; the notion of Community dimension; turnover; and ancillary restraints. The second section dealt with the procedure of control. This third section will deal with the assessment of the compatibility of concentrations with the common market. ‘( . . .) what matters for economic development most is the quality of institutions in different countries. The biggest explanatory factor of income differences between countries, of productivity differences between countries, is the way people interact with each other, is the way they trust each other, is the way competition works.’
Competition Law Update: Rebates and Online Sales Restrictions
Authors: Ferguson Rebecca 
Published: March 2022

The interpretation of global competition law continues to shift, to take account of new sales media, new technologies and new actions that have the effect of restricting or distorting competition. This means that the courts and competition authorities must constantly evolve and adapt practice to ensure the goals of competition law are upheld. There have been three recent cases in European and UK competition law that have shed light on two specific areas of competition law: rebates and online sales restrictions which I will summarize and provide comment on.
Delivery of Goods to Carriers in International Sales: An Examination of What It Purported to Be in Nigeria
Authors: Abiodun Jacob Osuntogun 
Published: March 2022

Summary This article deals with international sales. Specifically, it discusses the question of delivery of goods to the carrier and its implication that it shall be ‘prima facie deemed to be a delivery of the goods to the buyer’. The legal consequences in Nigeria of a contract entered into by parties of different origin with respect to delivery of goods to the carrier are examined. It further discusses how a breach of duties and obligations on the part of the parties can lead to the application of statutory exceptions. It notes that there are two international conventions ratified and domesticated in Nigeria, but one protects the interests of one party more than the other and the other also does the same with the interests of the other party. It considers the application of these international conventions on the issue of delivery of goods to the carrier. Furthermore, it also considers the application of Incoterms in Nigeria to carriage of goods and argues that the controversy generated in the United Kingdom by Vaughan Williams LJ and Buckley LJ, on the one hand, and Hamilton LJ, on the other hand, has reverberated to Nigeria. It points out a misconception in the application of law on this issue which has been accepted as a settled principle of law in Nigeria.
Corporate Governance of Banks and Financial Stability: Critical Issues and Challenges Ahead
Authors: Bodellini Marco 
Published: March 2022

SUMMARY Inefficient and/or ineffective corporate governance arrangements of banks can end up endangering financial stability. Therefore, the efficiency of such arrangements is of paramount importance. To be efficient, corporate governance structures of banks have to put in place mechanisms allowing them to keep risks under control. With these mechanisms, indeed, decision-makers can react when risks overcome the safety thresholds by bringing them back to acceptable levels. In the aftermath of the global financial crisis of 2007– 2009, the EU legislator, following the recommendations of the Basel Committee on Banking Supervision, has adopted a number of new rules, which look apt to enhance the efficiency of banking corporate governance arrangements. However, more time is needed to assess in practice whether such new rules are effectively efficient in enabling banks to manage risk.
Crowdfunding in India: A Misnomer?
Authors: Tripathy Atmaja 
Published: March 2022

SUMMARY India continues to be one of the most vibrant and lucrative commercial locations for start-ups.With a steeply rising competitive sphere amongst start-ups in the B2B technology sector, more predominantly in the ecommerce, healthtech, and fintech sectors, India has capped its position as the third largest start-up ecosystem in the world. To keep the steady growth of start-ups, a key parameter, besides the innovative quotient in the scheme, is to strengthen investments into start-ups. For decades, globally, crowdfunding has proved to be a successful tool in pooling resources for innovative start-ups, with a promising future on investments. In India however, the scope and prospects of crowdfunding have been underutilized. The Securities Exchange Board of India, which is the securities market regulator in the country, has yet to recognize the uncompromised benefits that regulated crowdfunding bestows on the innovative endeavours of start-ups. In this article, the author analyses the success and effectiveness of equity crowdfunding in building a robust start-up and investment ecosystem in India, by juxtaposing it with the jurisdictions which legally recognize and regulate crowdfunding. In the first segment, the author draws a broad picture of the crowdfunding market. Next, the wavering opinions of the Indian securities market regulator and the unparalleled need to legally recognize equity crowdfunding as a viable investment option are analysed. Towards this objective, the author advocates the creation of a statutory framework which can effectively control and regulate the Indian crowdfunding market.
Why Is the Rule in Foss v. Harbottle Such an Important One?
Authors: Spotorno Agustin Ricardo 
Published: March 2022

SUMMARY The Rule of Foss v. Harbottle has established an elementary principle in the field of company law: the proper plaintiff for a wrong done to a company, is the company itself. This principle together with the ‘Salomon’ principle of separate legal personality of companies have been of invaluable importance for commerce and modern economy. On the flip side of the coin have always lain the minorities, commonly protected by derivative claims and unfair prejudice remedies. After the entering into force of the new statutory derivative actions, many scholars argued that the Rule of Foss was abolished, also that there would be an increase in shareholders’ litigation and have further expressed concerns about overlaps between both derivative actions and unfair prejudice remedies. This article argues that, irrespective of whether the Rule of Foss was amended from its original formulation, its underlying principles are still today of the utmost importance. It also analyses whether or not there has been such increase in litigation, and finally why it is of such relevance to keep the dividing line between derivative claims and unfair prejudice remedies very clearly drawn.
Breaking Badly: Optimizing the Architecture for Joint Venture Arbitrations
Authors: Harris Peter 
Published: March 2022

SUMMARY This article considers legal and practical issues that arise in joint venture disputes that proceed to arbitration. In particular, this article considers problems arising out of (1) not having all parties involved with the joint venture (and therefore potentially involved in the dispute) named as signatories to the arbitration agreement, (2) limitations on the powers of arbitrators appointed to resolve joint venture disputes, and (3) difficulties associated with valuing the joint venture for the purposes of the arbitration. The paper suggests practical steps that can be taken to deal with these problems including at the drafting stage.
The Case for Public Enforcement of Directors’ Duties: An Australian Case Study and Application to Nigeria
Authors: Akanmidu Oludara 
Published: March 2022

Like many other common law countries, Nigeria imposes statutory, duties on its companies’ directors. Breaches of these duties, are expected to be enforced ‘privately’ by the company, its, shareholders or any other proper person. Despite this, evidence, suggests that in Nigeria there has been little enforcement of, directors’ duties. Consequently, this article examines whether, there is a place for public enforcement of directors’ duties. It, questions whether the failings of the private enforcement regime, necessitate a complementary enforcement regime. To address this, question, it draws on a theoretical framework, the deterrence, theory, in exploring whether public enforcement offers superior, deterrence over private enforcement. It also examines Australia, as a case study of a jurisdiction that has effectively used the, public enforcement regime for breaches of directors’ duties., Overall, it argues that to enhance enforcement, Nigeria ought, to introduce a public enforcement regime for breaches of directors’, duties.
enforcement, directors’ duties, deterrence, Australia, Nigeria
Security Review in the Evolution of Foreign Investment Law with Chinese Characteristics: Part I
Authors: Liu Ziyu 
Published: March 2022

When the Foreign Investment Law of China was adopted on 15 March 2019, security review was emphasized as an essential layer governing inward foreign investments, which had evolved from national security concerns embedded at market access review for foreign-invested enterprises (FIEs) and projects, security review for mergers and acquisitions. This article studies the evolution of China’s security review in foreign investment and finds that both changing focuses on identifying national security in China’s socialist market economy and the institutional struggle in certain central ministries addressed by the Chinese Communist Party (CCP) have in fact affected the evolution of security review in the Foreign Investment Law (FIL) with Chinese characteristics.
Security review, Foreign Investment Law, institutional struggle, Chinese Communist Party, institutional reform, market access review, mergers and acquisitions, M&A security review, leadership
Right to Work at the Theatre of Discrimination in a Resource- Dependent Country: Opera Employers’ Market
Authors: Adetoro David O. , H. Adetoro Sylvia 
Published: March 2022

The past few decades have seen the political class in Nigeria use a commitment to providing employment for the populace and incentivizing possible employers as a marketing tool to gain popularity and acceptance in the race to power.Without an apparatus in place to compel these promises, and with a downturn in the economy, the employment market appears to be under the full control of employers and their agents. Setting age barriers, particularly limiting the upper age limit for most advertised positions. has now become a common feature in a large number of employment advertisements. Job applicants have become vulnerable in the hands of employers, creating a platform for tacit discrimination against anyone who is above the expected age limit; this is without regard to their qualifications and experience. The employment market in Nigeria has fast become a theatre of discrimination, where securing an entrance ticket is based on a precondition outside the control of these vulnerables. This seems to be in clear disregard to extant laws and especially Nigeria’s obligations under international labour standards and a sense of dignity of the applicants. Amongst other things, this article aims to examine this development and its implications for employment relations in Nigeria.
age-discrimination, young adult, recruitment vulnerables, resource-dependent
The Insolvency and Bankruptcy Framework and Principle of Business Efficacy across Different Jurisdictions in the COVID Era
Authors: Doshi Hetal , Jain Yashasvi 
Published: March 2022

The famous phrase from the Darwinian evolutionary theory, ‘survival of the fittest’ seems to be true in the backdrop of the current global economy. The Coronavirus (‘Covid-19’) crisis has compressed this concept into six months or for as long as this pandemic remains. While the spread of this virus is one of the biggest human tragedies, it has been nothing less than a catastrophe for the global economy, leading to the disruption of viability of businesses at a global level. This has prompted the business community all over the world to seek relief from their governments on debts and appeal for various other safety net measures to ensure the continuity of their businesses amidst, and after, this pandemic. Most of the governments have proactively introduced unprecedented measures to safeguard the businesses from going under insolvency and to ensure that not only the fittest companies but all survive this pandemic. This article explores these measures adopted in a few common law (UK and India) and civil law countries (France and Germany) and analyses their possible impact on the parties involved in the short as well as the long term.
Insolvency, Covid-19, Moratorium, Temporary Relief, UK, India, France, and Germany
Enhancing Corporate Transparency in the United Kingdom: Compelling Identity Verification of People with Significant Control
Authors: Shan Ho John Kong 
Published: March 2022

In 2015/2016 the United Kingdom (UK) became the first country to implement the People with Significant Control (PSC) regime which requires disclosure of beneficial ownership of companies. With relative success in the implementation of such regime, the UK authorities have decided to further enhance it by making the identity verification of PSC compulsory and placing the responsibility on PSCs themselves to verify their identity with Companies House. This article examines the background of introducing such a regime in the UK and explores the recent proposal in its further enhancement. It is ultimately argued that it was correct for the UK to enact such a regime back in 2016 and why making the identity verification of PSC compulsory is the right step in enhancing corporate transparency and is beneficial to its economic competitiveness.
Corporate law, Corporate disclosure and transparency, Beneficial ownership, PSC regime, United Kingdom
The Failures of the Insolvency Provisions: A Road to Establishing the Pertinence of Veil Piercing?
Authors: Abdul Sola 
Published: March 2022

This article explores the pertinence of ‘piercing’ for fraudulent trading. It considers the failures of the insolvency provisions and examines the failures through the lens of the evasion principle for piercing. The article argues that the piercing doctrine does not prove to be an effective remedy of last resort. Despite this, the article argues against the abolition of veil piercing, as this would leave the law in a state of vacuity and concludes by suggesting methods of reform that could improve the doctrine.
Piercing the Corporate Veil, the Fraudulent Trading Provision, the Wrongful Trading Provision, the Insolvency Act 1986, Prest v. Petrodel Resources Ltd, Morphitis v. Bernasconi