bluuebunny/crossref_metadata_2025_split huggingface dataset:
Why and Whither the US-China Trade War?: Not Realist ‘Traps’ but Political Geography ‘Capture’ as Explanation
Authors: Zhang Xiaotong , Flint Colin 
Published: April 2022

This article attempts to understand the profound political-economic, geographic, and historical force behind the Trump trade policy ‘revolution’ from the perspective of world-systems analysis. The trade war launched by the United States against China is essentially motivated by a profound political-economic and geographic logic: the US and China are competing to ‘capture’ core processes in the world-economy. The real imminent challenge facing the US-China relations and the rest of the world is actually not the so-called ‘Thucydides Trap’ (China challenges American global power), or ‘the Kindleberger Trap’ (America gives up global economic leadership while China is not ready to take over American role). The underlying economic driver of the trade war is the emergence of new core processes in the capitalist world-economy and the attempts by governments to ‘capture’ those processes within cities within their country. As the paired Kondratieff cycle and hegemonic cycle model tells us, economic depression accelerates hegemonic decline, and ushers in a period of restructuring and transition. Therefore, our forecast is that the US-China ‘trade war’ will not stop, and will be an ongoing component of the restructuring of the global geopolitical order in the coming years.
trade war, US-China relations, ‘Thucydides Trap’, ‘Kindleberger Trap’, Political- Geography Capture, core processes, Capitalist World-Economy, Kondratieff Cycle, hegemonic cycle, global geopolitical order
Some Lessons that Might Be Learnt from Brexit Britain’s Trade Negotiations with the European Union
Authors: Swinbank Alan 
Published: April 2022

The UK-EU negotiations for new arrangements to cover trade in goods, following the UK’s decision to leave the EU, were long and complex. What lessons might politicians, trade negotiators, and academics learn from this long-drawn-out saga? This article focuses on five of the ways in which the UK misplayed, misunderstood, or misrepresented the consequences of Brexit. First, there was no plan for Brexit. Second, the implications for the Irish border and peace progress were not appreciated. Third, World Trade Organization (WTO) rules were not understood. Fourth, by threatening to break international law the UK undermined its credibility as a negotiating partner and increased the EU’s resolve to protect its market. Fifth, Boris Johnson’s unwillingness to acknowledge that leaving the EU’s customs union and Single Market would result in UK-EU trade barriers, distorted debate and raised unfulfilled expectations.
Brexit, Ireland, EU, WTO, rules of origin, free trade area, customs union
A Soft Landing for Developing Countries and Non-Discrimination in Digital Trade: Possible Lessons from Asian Countries
Authors: Collins David , Park Tae Jung , Lee Joo-Hyoung 
Published: April 2022

The article suggests the implementation of certain legal devices to enable developing countries to achieve policy flexibility to take advantage of the opportunities presented by the expansion of digital trade while balancing some of the risks which this may present to consumers in the sphere of privacy as well as threats to governments in the form of national security. These include a ‘renegotiation clause’ as well as the familiar classification of ‘special and differential treatment’ for developing or least-developed countries.
Digital Trade, Non-discrimination, Renegotiation clause, Special and Differential Treatment, Developing or least developed countries, Korea, China and Japan, Post-Covid-19
Is the MPIA a Solution to the WTO Appellate Body Crisis?
Authors: Starshinova Olga 
Published: April 2022

In an attempt to overcome the current WTO Appellate Body crisis, a number of WTO Members agreed to participate in the Multi-Party Interim Appeal Arbitration Arrangement pursuant to Article 25 of the Dispute Settlement Understanding (MPIA). The majority of the WTO Members have not yet agreed to participate in the MPIA have been attempting to assess the effectiveness of the MPIA in meeting their interests. This leads to the question as to whether the MPIA can serve as the temporary solution for the Appellate Body crisis. Is it a practically effective mechanism for dispute resolution, or is it simply a political declaration by MPIA participants that they stick to the two-tier dispute settlement system? To respond to these questions, this article analyses the legal basis of the MPIA and its negotiating history. This article also addresses the differences between the appeal mechanisms provided for in the MPIA and the Dispute Settlement Understanding (DSU) and provides a conceptual discussion with regard to the legal nature of the MPIA. Finally, the article identifies the main advantages and drawbacks of MPIA. It should be taken into account that the effectiveness of the MPIA will only be assessed when any of the disputes submitted for consideration under the MPIA rules is resolved.
WTO Anti-Dumping Agreement, WTO Panels, Constructed Value, CV Profit, USDOC, Anti-Dumping Investigation, US – OCTG (Korea), Reform, Best Information Available
Ferring Revisited: the Altmark Case and State Financing of Public Service Obligations
Authors: Louis Frédéric 
Published: April 2022

On 24 July 2003, the Court of Justice of the European Communities (``the Court of Justice'') rendered its eagerly awaited judgment in the Altmark case, ending the controversy surrounding the application of the EC State Aid control regime to compensation granted to undertakings in consideration for public service obligations imposed on them, which had divided the Court of Justice and the Court of First Instance of the European Communities, and sparked a wide debate between four of the Court of Justice's Advocates General. The Court held that State compensation for public service obligations does not confer an advantage on the undertakings concerned, and hence does not constitute State Aid within the meaning of the EC Treaty (``EC''), provided four stringent conditions are satisfied, which will serve as safeguards to make sure that its ruling is not used by Member States to favour certain undertakings under the guise of compensating them for the costs incurred in discharging public service obligations. This judgment is meant to enable Member States to organise public services without having to submit their financing mechanisms to prior European Commission scrutiny under the State Aid control rules. However, the conditions determined by the Court of Justice will ensure that only the most clear-cut cases will benefit from the generous treatment provided for by the Altmark ruling. A number of issues remain unresolved and it is to be hoped that the Commission will now act quickly to provide Member States with the necessary guidance in this important field.
Who’s Afraid of Conglomerate Mergers? A Comparison of the US and EC Approaches
Authors: Burnley Richard 
Published: April 2022

The GE/Honeywell decision exposed a fundamental difference of opinion between the US and the EC competition authorities in the assessment of conglomerate effects. Within the context of merger control, which is by nature speculative, it is no surprise that two different authorities could reach different conclusions about one and the same merger. What is striking is that the Commission appeared to rely on theories that were largely discredited in the US during the early 1980s. Given that both regimes place consumer welfare at the heart of competition law, is the EC’s approach outdated, even deficient?
Analysis of the legal background to the GE/Honeywell decision reveals that the Commission’s reasoning is well founded in existing legal principles. In the absence of objective empirical evidence that beneficial effects derive from all conglomerate mergers, the author sees no reason for the Commission to conform to economic standards applied in other jurisdictions. The EC should not be afraid of its own unique objectives and legal culture.
The Challenge of Sanctioning Unfair Royalty Rate by the SEP Holder: ‘When’, ‘How’ and ‘What’
Authors: Botta Marco 
Published: April 2022

The holder of a Standard Essential Patent (SEP) is usually required to license its patent to any licensee on the basis of Fair and Reasonable and Non-Discriminatory (FRAND) terms. In their recent judgments in Unwired Planet and Sisvel v. Haier, the UK Supreme Court and the German Bundesgerichtshof ruled that a ‘range’, rather than a ‘single’ royalty rate, may be considered compatible with the FRAND commitment. On the other hand, a royalty rate ‘beyond the outer boundary of the range’ would not be FRAND. In addition, an ‘unfair’ royalty rate might also be regarded as an abuse of dominant position by the SEP holder, in breach of Article 102(a) Treaty of the Functioning of the European Union (TFEU).
The paper analyses whether and under what circumstances Article 102(a) TFEU could be relied on by a competition authority in Europe to sanction a case of ‘unfair’ royalty rate requested by the SEP holder to its licensees. In particular, the paper assesses ‘when’ competition policy should sanction an unfair royalty rate requested by the SEP holder, ‘how’ a competition agency should analyse the case in accordance with the case law of the EU Court of Justice concerning Article 102(a) TFEU and, eventually, ‘what’ remedies the competition authority could adopt.
Standard Essential Patent; royalty rate; Fair, Reasonable and Non-Discriminatory terms; unfair pricing; Article 102(a) TFEU; EU Court of Justice; United Brands test; benchmarking methods; efficiency defence; competition law remedies
Can Competition Protect Privacy? An Analysis Based on the German Facebook Case
Authors: Lypalo Dzhuliia 
Published: April 2022

The increasing collection of personal data by online platforms causes concerns among regulators and consumers. Due to privacy-related market failures in multi-sided markets, the question of possible remedies arises. This article aims to determine if a contribution of competition law is needed to enhance data protection rules. The first part will discuss the possible types of datarelated abuses of dominance in the context of the pioneering attempt of the German competition authority. The second part will analyse the drawbacks of the German Facebook case and possibilities to reconcile it with EU competition law. In addition, the article will analyse other ways to tackle privacy issues, including the proposal for a Digital Markets Act (DMA). It is suggested that an intervention of competition law in data protection matters is unnecessary. We argue that it may prevent the emergence of innovative products and services, ultimately harm consumer welfare and competition, as well as put an undue burden on dominant undertakings. It is submitted that a coherent regulation allowing for legal certainty could serve the objective of consumer welfare while preserving the interests of undertakings.
Article 102 TFEU, data protection law, personal data, privacy, GDPR, exploitative abuse, unfair trading conditions, German competition law, Digital Markets Act, exclusionary abuse, Facebook case
Shaping the New Modality of the Digital Markets: The Impact of the DSA/DMA Proposals on Inter-Platform Competition
Authors: Andriychuk Oles 
Published: April 2022

An unprecedented recalibration of the rules regulating the functioning of competition in the digital markets has catalysed diverse reactions among the main stakeholders. The proposed approach to regulating gatekeepers will have a paradigmatic impact on European consumers, businesses and public institutions. It will have equally significant implications for the theoretical foundations of competition law, economics and policy. While formally the Digital Markets Act (DMA) is complementing, not substituting, existing provisions of competition de lege lata, such a substantial extension of the rationale and instruments of competition policy is likely to have significant implications also for the application of ex-post rules. The entire apparatus of competition law will be extended by the new modality. Out of the wide spectrum of changes introduced by the DMA/DSA proposal, this article identifies and analyses one of the central – though not so commonly discussed – elements of the transformation. It asks a normative question about what kind of competition in the digital markets the European Union should seek to establish, and a methodological question about procedural and substantive legal mechanisms used for shaping such a new format.
digital competition law, polycentric and dialectical approach to antitrust, competition law and the digital economy, goals of competition law, ex-ante and ex-post competition policy, Digital Markets Act – DMA, inter-platform competition, ecosystem competition, Digital Services Act – DSA.
A FAKTOR YANG BERHUBUNGAN DENGAN KEJADIAN DIARE DI UNIT STROKE RSUP DR. KARIADI
Authors: Hilmansyah Taufik 
Published: April 2022

Abstrak
Latar belakang: Diare disebabkan oleh multifaktorial dan beberapa faktor diketahui berhubungan dengan diare selama pasien dirawat yaitu usia lanjut, lama rawat inap, kejadian infeksi, penggunaan antibiotik, dan status gizi malnutrisi. Di RSUP Dr. Kariadi Semarang belum pernah dilakukan penelitian faktor yang berhubungan dengan diare. Tujuan: Menghitung besar risiko usia lanjut, lama rawat inap, kejadian infeksi, penggunaan antibiotik, formula nutrisi enteral non pabrikasi, dan status gizi malnutrisi dengan kejadian diare. Metoda: Jenis penelitian case control dengan mengambil data restrospektif pasien stroke yang memenuhi kriteria inklusi dan eksklusi selama Januari – April 2020. Dilakukan pemeriksaan data berdasarkan variabel bebas, dilakukan pencatatan dan dianalisis hubungan dengan menggunakan uji statistik Chi Square. Hasil: Sebanyak 40 subyek penelitian yang di rawat di unit stroke RSUP Dr Kariadi mayoritas diagnosis stroke non hemoragik (55%) dan laki-laki (60%). Mayoritas subyek usia non geriatri yaitu kurang dari 60 tahun. Hasil penelitian menunjukkan adanya hubungan yang signifikan pada faktor usia lanjut, lama rawat inap dan penggunaan antibiotik terhadap diare. Usia lanjut subyek (p = 0,043) dengan risiko 10 kali lipat. Lama rawat inap > 5 hari (p = 0,031) dengan risiko 11,56 kali lipat. Penggunaan antibiotik dengan risiko 13,5 kali lipat. Sedangkan variabel lain tidak signifikan. Simpulan: Terdapat hubungan usia lanjut, lama rawat inap >5 hari dan penggunaan antibiotik terhadap kejadian diare pada pasien stroke yang di rawat di unit stroke RSUP Dr Kariadi
Kata kunci: diare, unit stroke, geriatri, antibiotik, lama rawat inap
De stand van de stelselherziening: met een nieuw kabinet op weg naar inwerkingtreding
Authors: de Vos H.W. (Wilco) 
Published: April 2022

De stand van de stelselherziening: met een nieuw kabinet op weg naar inwerkingtreding
In deze bijdrage gaat auteur in op de datum van inwerkingtreding van de Omgevingswet. Duidelijkheid over de datum van inwerkingtreding is voor de uitvoeringspraktijk van belang en het is dan ook cruciaal dat het parlement met de voorgenomen datum instemt. Hij belicht het proces van de parlementaire behandeling en het wettelijke kader en geeft een doorkijkje naar de technische vervolgbesluiten over de inwerkingtreding. Tot slot geeft hij een overzicht van de in het nieuwe coalitieakkoord opgenomen ambities die betrekking hebben op de fysieke leefomgeving.
Analysis of the entrepreneurial process from effectuation and causation logic: a case study in two companies from Minas Gerais
Authors: Ferreira Karina Fernanda Oliveira , Guimarães Liliane de Oliveira , Salume Paula Karina , Doyle Maria Luiza de Fátima Costa Proença 
Published: April 2022

Objective: The article aimed to analyze how the effectuation and causation logics were used in the entrepreneurial process of two companies from Minas Gerais. The effectuation logic is based on issues related to the entrepreneur's decision making and contrasts with the causation logic - which refers to traditional methods of the entrepreneurial process based on planning and determined sequences.
Methodology: A qualitative comparative study was carried out in two companies from Minas Gerais. The evidence was obtained from interviews with the founding partners, in addition to observation and documents, and the data analysis was performed using content analysis.
Results: The results showed that in the two cases analyzed, the entrepreneurs relied on effectuation logic for setting up the businesses, with little use of causation logic but as the businesses consolidated and moved beyond the initial founding phase, the entrepreneurs took different attitudes, basing their decisions and actions on greater planning and systematic analysis of the context.
Limitations: Some studies show that cultural differences can have an influence on the entrepreneurial process and how entrepreneurs make decisions. This variable was not contemplated in this study, which represents a limitation. Additionally, the study analyzed the entrepreneurial process of two companies from Minas Gerais, which does not allow for generalization.
Originality/contributions: the work contributes to the national studies on the entrepreneurial process, mainly from the principles that compose the effectuation logic, seeking to identify and classify the decisions and actions of entrepreneurs in the causation and effectuation logics.
Mulheres à frente: O Novy Byt e a produção de estampas soviética entre 1923 e 1924
Authors: Leite Tamires Moura Gonçalves , Kanamaru Antonio Takao 
Published: April 2022

Diante da Revolução Russa de 1917, cujo resultado propôs um novo modelo econômico que até então nunca havia sido posto em prática, revolucionários se viram na necessidade de criar uma nova realidade que não mudaria apenas as leis e a economia, mudaria também a vida da população em seu sentido mais básico. O chamado Novy Byt era uma formulação teórica de como o cotidiano deveria ser sob o socialismo, e para a construção deste novo modo de vida, era necessário que se educasse a população nos ideais da revolução, ideais estes que foram absorvidos pela vanguarda artística construtivista, que nos anos seguintes se dedicou a criar objetos que mudassem a forma de consumo da população. O presente artigo dedica-se ao estudo visual das estampas criadas por Liubov Popova e Varvara Stepanova entre 1923 e 1924, que buscavam de maneira gráfica de educar a população nos ideais revolucionários.
Sensing Machines
Authors: Salter Chris 
Published: April 2022

How we are tracked, surveilled, tantalized, and seduced by machines ranging from smart watches and Roombas to immersive art installations.
Sensing machines are everywhere in our world. As we move through the day, electronic sensors and computers adjust our thermostats, guide our Roombas, count our steps, change the orientation of an image when we rotate our phones. There are more of these electronic devices in the world than there are people—in 2020, thirty to fifty billion of them (versus 7.8 billion people), with more than a trillion expected in the next decade. In Sensing Machines, Chris Salter examines how we are tracked, surveilled, tantalized, and seduced by machines ranging from smart watches and mood trackers to massive immersive art installations.
Salter, an artist/scholar who has worked with sensors and computers for more than twenty years, explains that the quantification of bodies, senses, and experience did not begin with the surveillance capitalism practiced by Facebook, Amazon, Netflix, and Google but can be traced back to mathematical and statistical techniques of the nineteenth century. He describes the emergence of the “sensed self,” investigating how sensor technology has been deployed in music and gaming, programmable and immersive art environments, driving, and even eating, with e-tongues and e-noses that can taste and smell for us. Sensing technology turns our experience into data; but Salter's story isn't just about what these machines want from us, but what we want from them—new sensations, the thrill of the uncanny, and magic that will transport us from our daily grind.
Microplastic ingestion by commercial marine fish from the seawater of Northwest Peninsular Malaysia
Authors: Foo Yuen Hwei , Ratnam Sharnietha , Lim Er Vin , Abdullah Masthurah , Molenaar Vincent J. , Shau Hwai Aileen Tan , Zhang Shoufeng , Li Hongjun , Mohd Zanuri Norlaila Binti 
Published: April 2022

Over the past decade, concerns over microplastic pollution in the marine ecosystem has increasingly gained more attention, but research investigating the ingestion of microplastics by marine fish in Malaysia is still regrettably lacking. This study investigated the microplastic presence, abundance, and morphological types within the guts of four species of commercial marine fish (Atule mate, Crenimugil seheli, Sardinella fimbriata and Rastrelliger brachysoma) caught in seawater off the coast of Malaysia’s Northwest Peninsular. A total of 72 individual commercial marine fish guts from four species (fish per species n = 18) were examined. Remarkably, this study found that 100% of the samples contained microplastics. A total number of 432 microplastics (size < 5 mm) from the four species were found in the excised marine fish guts. The most common type of microplastic discovered was fragment, which accounted for 49.5% of all microplastics present. The gut microplastic content differed between species. Sardinella fimbriata recorded the greatest amount of microplastic ingestion, with an average microplastic count of 6.5 (±4.3) items per individual fish. However, there were no statistically significant differences found when comparing study species and different locations. SEM-EDX analysis confirmed the presence of microplastic particles by identifying the chemical elements found in the samples. Since the four studied species of commercial marine fish are popular protein sources in Malaysians’ daily diet, this study suggests potential microplastic exposure to humans via contaminated fish consumption in Malaysia, which was previously unknown. Based on previous scientific evidence, this study also demonstrates the high probability of microplastic ingestion in marine fish in the Malaysian seawater, which could have an adverse effect on fish health as well as marine biota.
Effect of Spacing and Plant Growth Regulators on Growth and Yield of Finger Millet (Eleusine coracana L.)
Authors: Amulya Manasa Naripogu , Umesha C. 
Published: April 2022

A field experiment was carried out during Kharif season of 2021 at CRF (Crop Research Farm) of SHUATS, Prayagraj to study about the Effect of Spacing and Plant growth regulators on growth and yield Of Finger millet (Eleusine coracana L.) The test turned into specified in randomized block design by keeping three spacing levels, i.e. S - (20 x 10 cm), S2 – (30x10cm) and S3 – (40x10cm) and Plant growth regulators i.e. Boric acid 3000ppm, Gibberellic acid 50ppm and Salicylic acid 40ppm which was replicated three times. Results revealed that application of spacing 40 x 10 cm + Gibberellic acid 50ppm was recorded significantly maximum plant height (81.62 cm), number of tillers per plant (6.16), Plant dry weight (15.1 g/plant) and Grain yield (4.23t/ha). However, net return (72,650 INR/ha) and B:C ratio (2.19 ) have been recorded with treatment of 40 x 10cm spacing + Gibberellic acid 50ppm. Therefore I concluded that spacing of 40 x 10cm + Gibberellic acid 50ppm was produced more grains and economic effective.