bluuebunny/crossref_metadata_2025_split huggingface dataset:
A Comparative Analysis of the Perception Differences between Competition Law and Anti-corruption Law
Authors: Gürkaynak Gönenç , Kama Ç. Olgu , Özkanli Ceren 
Published: March 2022

Both anti-corruption law and anti-trust law aim to create a level playing field and they are complementary to each other in support of this aim. Given the indispensable nature of both fields in terms of reaching social welfare, it is striking how differently society reacts to the breaching behaviour of each field. On the one hand, if a company engages in corrupt behaviour, the perpetrator will be shunned from society, its behaviour generating strong moral reactions. Civil society organizations, both global and local, will publicize this corruption. The private and public sector, along with civil society organizations, will come together to find ways to eradicate it. The mood of such collaboration will dictate that the good are fighting the bad when fighting corruption. On the other hand, the fight against anti-competitive behaviour may not always be as outrageous as fighting corruption. As for technocrats, when they encounter anti-competitive behaviour, they will fight such acts, enforce fines on the perpetrators and order them to stop violations. Corporations would attempt to do their best to be careful not to engage in anti-competitive behaviour the next time and the story would generally end there. Because preventing or stopping anti-competitive behaviour may not always demonstrate a direct, immediate and visible effect in the consumers’ eyes in most of the cases, the cries from society, if any, are not as loud as the cries against corruption. Thus these two regulatory areas, convergent in their aims, are perceived in divergent fashions by society. This essay delves into the reasons behind such divergence and suggests that among the reasons for this differentiation are the premises that these fields also differ in their consequences, in their enforcement styles, leading to different moral perceptions, and in the visibility of their consequences.
Equipping the Use of Equipment in Nigeria: Has the Equipment Leasing Act 2015 Made the Difference?
Authors: Ifebunandu Joseph C. 
Published: March 2022

Equipment leasing has become one of the most acceptable methods of acquiring the relevant asset base which businesses and individuals need to function competitively in Nigeria and is widely utilized as a financing method both in the formal and informal sectors of the economy. This has ensured that certain products and services, which were hitherto minimally available or unavailable, have now become steadily and easily accessible. Today, the practice of leasing in Nigeria has materially evolved in terms of its practice, with increased participation, regulation and also challenges. This work will show that the equipment leasing laws in Nigeria still remain inadequate to cater to the needs of the growing industry, despite recent strides in boosting regulation. It analyses the legal regime of equipment leasing in Nigeria, the impact of the legal regime on its practice and proposed adjustments in the laws that could enhance the general use and practice of equipment leasing.
To File, or Not to File: That Is the Question. Directors Duties in the Company Crisis
Authors: Wabl Georg 
Published: March 2022

SUMMARY This article deals with directors’ duties in the company crisis (representing the period of vicinity of insolvency as well as material insolvency) and compares the UK and Austria as countries with mostly divergent approaches and different legal mentality. In the course of the analysis, the article shows that – especially in the light of the upcoming EU restructuring directive – the question should not be ‘what is the better approach’ but rather ‘how can existing approaches be made fit to reach desired results’ (mainly preserving value and at the same time protecting legitimate interests of creditors and other stakeholders). The hybrid approach proposed at the end of this article should help in pursuing such efforts.
Shell Corporations and Beneficial Owners. Current Criticalities and Future Developments from a Multilevel Perspective
Authors: Ottavi Andrea 
Published: March 2022

SUMMARY This article takes inspiration from the news leak known as the Panama Papers and focuses on the definition of the beneficial owner clause in both tax and anti-money laundering legislation. Specifically, it analyses the OECD Model Tax Convention, the European Directives and the European Court of Justice case law. This matter is closely linked to the use of offshore corporate vehicles for criminal purposes and the main purpose of the article is to concentrate on the existing gaps in these topics, and to propose effective solutions to combat abusive practices.
Quasi-Public Place-Governance: An Exploration of Shopping Centres
Authors: Dickinson Jill 
Published: March 2022

SUMMARY Shopping centres face multiple issues arising from their status as quasi-public Third Places. Such challenges are compounded by the enduring, difficult retail environment. Against this backdrop, the research explores how a legally pluralistic understanding of place-governance could inform future strategies for securing shopping centres’ roles within the community. This UK-based, bistage, multi-case study draws on various data sources collected from seven shopping centres across Northern England. It adopts both thematic analysis and cross-case synthesis to generate rich findings. The data analysis identified three key themes: the diverse shopping centre population, internally generated norms and externally developed law. This article makes a bifold contribution to the literature. First, it commingles and develops theories of legal geography and legal pluralism to introduce a new tripartite lens for exploring place-governance, which comprises black-letter, policy and cultural elements. Secondly, it utilizes this model to generate empirically based findings about shopping centre place-governance from the insider perspectives of centre management, centre operatives and tenants.
The Dynamics of Evolution of the Corporate Governance of Chinese State-Controlled Listed Companies
Authors: Zhang Lin 
Published: March 2022

The wave of reforming corporate governance has been increasingly, strong worldwide since the devastating 2008 financial, crisis. The existing theories by corporate lawyers have offered, two distinct paths for the reform. The convergence theory argues, that with the force of competition, commercial jurisdictions in the, globe will automatically converge towards a single optimal model, of corporate governance sooner or later that is featured with the, shareholder-oriented principle. On the contrary, the divergence, theory insists that the effect of path dependence, especially the, idiosyncratic political traditions or influences, is the key dynamic, force to push the evolution of corporate governance in a certain, commercial jurisdiction. With the proofs of Chinese state-controlled, listed companies (SCLCs), it is demonstrated that the, divergence theory is more convincing and pragmatic. One of the, most important implications of this understanding is that the, improvement of the corporate governance of the SCLCs relies on, the Chinese political reform to a large degree.
Convergence, Divergence, Dynamics, Corporate Governance, SCLCs.
The Case of Judicialization of Corporate Social Responsibility in China
Authors: Yan Min , Xu Xiaofeng 
Published: March 2022

With the increasing popularity of contemporary corporate social, responsibility (CSR), this article takes a perspective of judicialization, of CSR, namely how the judicial means can be, employed for addressing CSR-related issues in contrast to the, conventional wisdom on enhanced disclosure and market force., In order to have a comprehensive picture, this article examines, Chinese judicial judgment practice in the context of the broad, interpretation of CSR, which includes economic and legal, responsibility, and case studies in the context of narrow interpretation, of CSR, which only includes responsibility over and, beyond economic and legal requirements. This article then, identifies the main challenges and problems of CSR in China, together with the unique situation in China. It concludes by, recommending more substantial and enforceable contents for the, CSR provisions in order to provide both courts and claimants, with more guidelines to exercise judicial means for addressing, core issues involved in CSR.
Judicialization, CSR, enforcement, corporate irresponsibility, China.
UCP 600 Thirteen Years On: Is the Compliance Standard Working?
Authors: Aladwan Zaid 
Published: March 2022

On 1 July 2007, changes to the Uniform Customs and Practice for Documentary Credits (UCP) 600 came into effect which emphasized that documents need not be absolutely consistent or mirror images of each other (the ‘strict approach’), merely that they must not be inconsistent (the ‘substantial approach’). In this article, the author considers how both the strict and substantial approaches have worked in practice and suggests a new basis for the proper compliance standard.
Letters of Credit, UCP 600, Article 14, Article 15, Compliance Standard
Undue Interference of Governments and the Dysfunctional Legal Regime for Safeguarding Investors in China
Authors: Zhang Lin 
Published: March 2022

The Chinese authorities always purport that they aim to purify the Chinese securities market and enhance the legal protection for investors, but the reality is bleak and disappointing. Confronted with the torrent of corporate scandals, legal scholars have already contributed abundant intellectual products on improving the investors’ protection in Chinese state-controlled listed companies. However, the majority of these contributions focus on the refinement of relevant legal institutions on safeguarding investors in Chinese law, or the transplantation of new ones from major commercial jurisdictions. Few of them pay attention to the link between undue government interference and the malfunction of existing investor-oriented mechanisms of the Chinese legal system. This article demonstrates that apart from legal defects, undue governmental interference which disrupts the functioning of investor-friendly legal institutions in place is another non-negligible factor, or even the most fundamental one in the context of China, to explain the porous investor protection in Chinese state-controlled listed companies. Therefore, in order to improve investor protection in Chinese statecontrolled listed companies, the political reform on the establishment of a public servant government, which has been underway in China must be continued.
Chinese securities market, legal protection for investors, state-owned enterprises (SOEs), corporate governance framework; China, Government, Interference, Law, Investors.
OECD Anti-Bribery Convention. Implications on Corporate Criminal Liability in Latin America
Authors: Solange Screpante Mirna 
Published: March 2022

This article analyses the impact on corporate legal liability legislation in Latin America as a result of the celebration of the OECD Anti-Bribery Convention in 1997, which established legally binding standards to criminalize bribery of foreign public officials in international business transactions. For that purpose, the legal background for liability of legal persons will be examined and the nature of corporate legal liability in each of the jurisdictions under analysis (Argentina, Brazil, Chile, Colombia, Costa Rica, Mexico and Peru). It also explores whether there have been any sanctions imposed on legal persons and individuals as a consequence of the modifications introduced in the domestic legislations as a response to the recommendations made by the Convention.
OECD Anti-Bribery Convention, Corporate Criminal Liability, Latin America, bribery, sanctions
The Legal Measures for Promotion and Protection of Investments in Nigeria
Authors: Nwafor Ndubuisi , Nwafor Morning-Glory , Edeh Kingsley N. , Nwafor Kanayo P. 
Published: March 2022

The promotion and protection of investors have over the years suffered policy and developmental drive. The Nigerian system is characterized by inconsistent policies of governments in investments growth. The country has a high desire for economic development. This article begins with an introduction, followed by the historical development of investors’ protection in Nigeria, the agencies created for investment protection, such as the Nigerian Investment and Promotion Commission (NIPC) and the Investment Promotion and Protection Agreement (IPPA), the factors that militate against investment growth in Nigeria, the legal methods by which investment disputes could be settled and concludes that if the recommendations given in this article are implemented, that Nigeria shall become one of the greatest economies in the World.
Investment protection, investment growth, Nigeria, foreign investment, litigation, arbitration
The Pro-Patent Holder Approach in Unwired V. Huawei in Interpreting the ‘Fair, Reasonable and Non- Discriminatory’ Rule for the Licensing of Standard Essential Patents
Authors: Kwan Martin 
Published: March 2022

The English Supreme Court case of Unwired Planet International Ltd v. Huawei Technologies (UK) Co Ltd demonstrated a pro-patent holder approach when interpreting the ‘fair, reasonable and non-discriminatory’ (‘FRAND’) rule/ undertaking. This article argues that this is a welcomed decision, because this approach pays due regard to commercial reality and the commercial needs of the patent holder. Understanding this approach is very important, because it helps in applying the rule. This approach also vitally provides more certainty by supplementing the existing, yet limited and vague, guidance on the interpretation of this rule. Furthermore, this comment rebuts the concern that the Court may have demoted the usefulness of the ‘non-discriminatory’ limb by allowing differential pricing. It is argued that this approach is both legally correct and makes practical sense. The impact of differential pricing to prospective licensees should not be over-exaggerated.
English Supreme Court case, Unwired Planet International Ltd v. Huawei Technologies (UK) Co Ltd, patents
To Boldly Go: An Analysis of Luxembourg Space Resources Law in Light of the EU Treaty
Authors: Bergstresser John 
Published: March 2022

In 2017, the Grand Duchy of Luxembourg passed a law permitting ownership over asteroids for the purposes of exploration and commercial exploitation. This Paper focuses on whether such a law is permissible under the Outer Space Treaty, European Union laws, and potential implications it has on the internal market.
Space resources, exploration, exploitation, commercial Space, international Law
Taking Directors Seriously: A Silver Bullet for Triggering the Creditors’ Interest Duty—Part II
Authors: Coumas Michael 
Published: March 2022

Directors of solvent companies owe a fiduciary duty to shareholders qua the company. If a company becomes technically insolvent, the duty switches to the company’s creditors. This is uncontroversial. However, the duty is also said to switch some point before, i.e., in the ‘vicinity of insolvency’. Therefore, directors must be able to make decisions which do not prejudice shareholders, in a way that is free from exposure to claims by creditors. This uncertainty stems from the case law, where the rules of company law have been confused with the policies underlying insolvency law. The two bodies should be considered separately despite their interrelationship in practice. Doing so reveals the proper and fair function of the duty. Its application should be limited to cases of technical insolvency only. While special cases may be made for irresponsible or negligent risktaking by directors, this should be the exception – not the rule. This article is the second of two parts examining this issue, focussing on the current trigger for the duty and exploring possible solutions.
Company law, insolvency law, directors’ duties, fiduciary duties, agency costs
The Gibraltar Judgment and the Point on Selectivity in Fiscal Aids
Authors: Rossi-Maccanico Pierpaolo 
Published: March 2022

A recent judgment of the Court of First Instance (CFI) provides the latest interpretation of the controversial notion of selectivity with respect to state–aid review of business tax measures pursuant to Article 87(1) of the European Community Treaty.
Taxation was not the initial focus of the state–aid restrictions, but the European judicature has made it clear in some early judgments that the restriction applies to all forms of public aid including all kinds of relief from taxation normally imposed and that the restriction does not distinguish between measures of state intervention in respect to their causes or their aims but solely to their effects. However, all tax systems provide exceptions and derogations, and the distinction between legitimate or normal tax differentiations and state aids depends on the interpretation of the national framework concerned with the tax rules under examination, which effectively leaves a broad margin of technical appreciation to the Commission and creates greater practical uncertainties for national authorities and taxpayers alike.
The most important statements or findings of the Court with reference to the two issues relating respectively to the notions of geographic and material selectivity are illustrated, followed by a comprehensive review of the controversial notions of selectivity general measure and justification by the nature and scheme of the tax system, under the case law of the Court and the Commission practice.
The Contemporary Meaning of ‘Sovereignty’ in the Supranational Context of the EC as Applied to the Income Tax Case Law of the ECJ
Authors: Isenbaert Mathieu 
Published: March 2022

In the more than twenty years that the European Court of Justice (ECJ) has been deciding income tax cases, it has become clear that Community law has had a progressively increasing impact on the direct tax systems of the Member States. On the occasion of several seminal judgments, many legal scholars have raised concerns whether the ECJ was heeding a sufficient amount of respect for the ‘income tax sovereignty’ of the Member States. Especially on the occasion of the Bosal decision of 2003, many tax scholars thought and wrote that the ECJ had started interpreting the internal market freedoms too broadly and that the Court did not give sufficient consideration to the particularities of direct taxation. In light thereof, the present article will address the following three questions:
(1) What significance, if any, does the concept of ‘sovereignty’ have in the contemporary supranational environment of the European Union/European Community?
(2) Within such contemporary meaning, can the quality of ‘sovereignty’ with regard to direct taxation be considered to have remained with the Member States, has it been acquired by the European Union/European Community or has it been shared by the Member States and the Union/Community level?
(3) What are the normative implications of the answer to the previous question and have these normative implications been respected by the states and supra-state actors?
All too often, tax scholars equate ‘sovereignty’ with the concepts of ‘competence’ or of ‘jurisdiction’. With regard to acquiring a thorough understanding of the ‘sovereignty’ concept, however, it is necessary to abolish a tax legal perspective altogether and venture into the field of political sciences. An analysis of the non-legal background of the concept ‘sovereignty’ will show that it is defendable to confer an epistemic and normative significance to the ‘sovereignty’ concept that goes beyond the strictly legal concepts of ‘competence’ or ‘jurisdiction’.
Deductibility of Health Insurance and Social Security Contributions
Authors: Wiemann Joachim 
Published: March 2022

The article analyses two recent European Court of Justice (ECJ) decisions (C-544/07, Rüffler, and C-314/08, Filipiak) addressing the question of whether a Member State can limit the deductibility of social security or health insurance contributions under income tax law to those paid to a domestic institution. In the first case, the ECJ found a violation of the right to free movement; in the second case, a violation of the freedom of establishment and the freedom to provide services. The article follows the structure of the ECJ's decisions, providing critical analysis of all steps of the ECJ's reasoning and relating the decisions to established principles of European law on direct taxation. Although agreeing with the outcome of the decisions, the article highlights important issues with regard to EU law requirements on Member State direct taxation regimes that the decisions do not address or do address but not in an entirely convincing way. Focal points of the analysis include the criteria of identity or comparability of the health care and social security systems and contributions, the different possibilities of the allocation of personal deductions to various Member States, and the limitations as to the deductible rate or the deductible amount under EU law (partial deductibility).
Energy Taxation at European Level: What does it do for the Environment and Sustainability?
Authors: van Eijndthoven Jolanda 
Published: March 2022

After an overview on the history of attempts to introduce an energy tax at European level, this article discusses how successful the current Energy Tax Directive is in respect of its environmental and sustainability objectives. Although the primary focus has been the proper functioning of the internal market, a reference to the EC Treaty requires it to integrate environmental protection requirements with a view to promote sustainable development. This article focuses primarily on the shortcomings of the Directive by discussing the tax treatment of the energy-intensive and cement industries and the transport and agricultural sectors, respectively, as well as the use of gas oil and heat and the derogations present in it. This article then turns to the new and long-awaited proposal from the Commission, adopted on 13 April 2011, and analyses to what extent the proposal remedies these 'shortcomings', and it discusses some of the new features that are supposed to bring the Directive more in line with the European Union (EU)'s energy and climate change objectives.
Exit Taxes for Companies in the European Union after National Grid Indus
Authors: Kok Reinout 
Published: March 2022

On 29 November 2011, the European Court of Justice (ECJ) issued its ruling in the National Grid Indus case regarding the compatibility of exit taxes and the freedom of establishment. In this ruling, the ECJ ruled that levying an exit tax as such is not an infringement on the freedom of establishment, but it is not proportional to collect the exit tax immediately. Upon request of the taxpayer, collection has to be deferred until the built-in gains in the assets/liabilities are realized. Although the decision leaves some questions unanswered, the principal issue regarding the compatibility of exit taxes with European Union (EU) law is now resolved. In the past, the European Commission had started infringement cases regarding exit taxation against Member States whose exit tax legislation allegedly was not in line with EU law. Now that the ECJ has ruled in the National Grid Indus case, those Member States should start to amend their legislation to bring it in line with the requirements set out by the ECJ.