bluuebunny/crossref_metadata_2025_split huggingface dataset:
Rethinking the China-U.S. Bilateral Air Services Agreement from China’s Perspective: Approaches to Fair Competition
Authors: Feng Yicheng 
Published: May 2022

Bilateral relations between the People’s Republic of China (PRC) and the United States (U.S.) have never attracted the world’s attention more than today. This article analyses how two countries that are totally different in societies, economic systems, cultures, and values compete in the China-U.S. bilateral air services. With the trend of the liberalization as well as privatization of international air transport, the U.S. and China show two development models that influence their aviation sectors: complete liberalization vs. Socialist Market Economy (SME). The article focuses on the competition issues embodied in the China-U.S. bilateral air services and provides approaches to fair competition between the U.S. airlines and three major Chinese airlines impacted by China’s SME and the ‘Reform and Opening-up’ policy. The article further discusses the opportunity for deeper cooperation through a China-U.S. Open Skies agreement with convergent legal, economic, and institutional regimes.
China, Fair Competition, Air Services Agreement, Open Skies
A Round Trip to the Stars?: Considerations for the Regulation of Space Tourism
Authors: Freeland Steven , Martin Anne-Sophie 
Published: May 2022

The prospects for space tourism activities were first mooted in the early 1980s with the launch of the Space Shuttle, which opened a new era of space flight. In the new millennium, space tourism continued its rise from possibility to reality with momentum towards a future dynamic commercial market sector propelled in 2021 with the launch of diverse missions by Virgin Galactic, Blue Origin and SpaceX. These three pioneering companies are continually developing and refining technology to potentially give many tourists their moment in space. The private sector is largely contributing to the development of the relevant space science, funded by private and public investments for space exploration missions. These developments raise complex and novel legal and regulatory issues that are not directly addressed in the five United Nations Space Treaties, even as space tourism are to be considered a lawful use of space. In this article we explore several significant legal issues relevant for space tourism activities including the delimitation of outer space, requirements for authorization, questions of liability, the status of ‘space flight participants’, the duty to rescue tourists and the protection of the space environment.
space tourism, space activities, regulation, international space law, national law
Trust, Confidence, and Automation: The ISDA Master Agreement as a Smart Contract
Authors: Armitage Matthew 
Published: May 2022

The International Swaps and Derivatives Association (ISDA) Master Agreement (MA) is the prevailing contract in the Over-the-Counter (OTC) derivatives market. Its efficacy derives from, inter alia, the network effect. As the OTC derivatives market expanded so did users of the MA. During and after the MA’s creation, the market underwent extensive deregulation and the standard-form agreement soon filled the lacuna left by retreating regulation. Its ubiquity in the market has created a level of trust and confidence, not only in the terms of the MA itself but between parties which may not have otherwise entered into a business relationship. With the impending introduction by ISDA of a smart contract version, this article investigates whether automation will harmonize or disrupt trust and confidence in the MA.
ISDA, derivatives, standard-form, trust, confidence, smart legal contracts
Assessing the Transfer Pricing Disputes Framework in Nigeria
Authors: Olika Daniel , Olateru-Olagbegi Ilemobade 
Published: May 2022

Transfer pricing, from documentation to audit, can be complicated and costly. Despite the release of transfer pricing regulations and increased scrutiny over intercompany dealings, the revenue authorities and taxpayers still disagree over various aspects of transfer pricing documentation. This situation necessitated the creation of various transfer pricing dispute resolution and dispute prevention mechanisms in jurisdictions across the globe. The Organization for Economic Cooperation and Development (OECD) has set the global standards on the mechanisms for transfer pricing dispute resolution/prevention and how they should apply. These transfer pricing dispute prevention mechanisms seek to avoid the costly and complicated process that is associated with transfer pricing audit while the transfer pricing dispute resolution mechanisms seek to resolve transfer pricing disputes in the most efficient manner. Accordingly, this article seeks to assess the transfer pricing dispute resolution/prevention framework in Nigeria against the global standards for resolving and preventing transfer pricing disputes.
Transfer pricing, safe harbour, advanced pricing arrangement, mutual agreement procedure, dispute resolution, dispute prevention
The Disproportionate Rights and Duties of the Insurer and the Insured in Fiji
Authors: Tiwari Pradeep Krishan , Shukla Gaurav 
Published: May 2022

Much judicial and academic ink has been spilled over pre – and post-contractual rights and duties of insurer and insured, and it continues to flow, even now. Due to a lack of specialized knowledge and skills, policyholders are always in a weak bargaining position when proposing insurance (Qing Luo, ‘The Legal Protection of the Insured: a comparative study of Chinese, UK, and Australian Insurance Law’, Doctoral Thesis, City University of Hong Kong, CityU Scholars, 14 July 2006, 1, (accessed 25 August 2021, 2:20 pm FST) https://scholars.cityu.edu.hk/en/theses/the-legal-protec tion-of-the-insured(8b392fcd-0a72-4591-81ce-9fced f2a7feb).html). The insured is further disadvantaged because the insurer will only be prepared to enter into a contract of insurance upon its terms; and not tailor-make policies to suit the needs of the insured. Hence, the insured has no choice but to accept what is being offered. The insured is further embraced by the fact that insurance regulations generally protect the insurance industry and the insurer and impose heavy responsibilities on the policyholder. This article is a critical examination of the rights and duties of insurers and insured, vis-à-vis good faith, contracts of insurance, and settlement of insurance claims. The biggest challenge facing the insurance industry is the lack of consumer protection. The regulators of the industry should ensure that insurance regulations perpetrate fairness.
Consumer, Inequality, Insurance, Regulation, Scheme
The Polysemy Of Anti-Discrimination Law: The Interpretation Architecture Of The Framework Employment Directive At The Court Of Justice
Authors: Xenidis Raphaële 
Published: May 2022

This article proposes a new explanatory framework to understand the transversal developments that have emerged from the recent case law of the Court of Justice of the EU on the Framework Employment Directive. It argues that the Court operates a functional differentiation in the implementation of anti-discrimination norms, which gives rise to a complex interpretation architecture. Following the constitutionalization of EU equality law, the Court reads three main functions into the Framework Employment Directive: socialization, integrity, and calibration. This differentiation gives rise to competing interpretive paradigms and analytical templates that affect the level and shape of equality protection under the Directive.
Directive 2000/78/EC, Charter of Fundamental Rights, Equality, Discrimination, non-discrimination, Functional differentiation, Socialization, Integrity, Calibration, Competing interpretive paradigms, Framework Employment Directive
Old is new: The transformative effect of references to settled case law in the decisions of the European Court of Justice
Authors: Šadl Urška 
Published: May 2022

References to settled case law permeate the decisions of the European Court of Justice. Legal literature commonly deems them elements of stability and constraint. By contrast, this article highlights their transformative effect. That effect occurs in the process of repetition, conceptualized as a process that permits alteration. The article identifies and explores three types of alteration, or three mechanisms of instability: (1) the substitution of cited cases in citation strings; (2) the alternation between expressions found in settled case law and alternative expressions; and (3) the un-anchoring or detachment of legal statements from cases in which they initially appeared. The analysis illustrates how substitution leads to diverging interpretive outcomes, how alternation unsettles the normative force and the relevance of the acquis, and how un-anchoring results in a loss of knowledge. From this perspective, references to settled cases result in complex changes to the law – changes which are multi-directional and lack a clear progression. The article contributes to a better understanding of legal change, and it illuminates the role of past cases in the Court’s decision making.
Court of Justice, ECJ, CJEU, settled case law, judicial reasoning, transformative effect, repetition, citation strings, interpretive outcomes, legal change, decision making
The substantive scope of the Anti-Tax- Avoidance Directive: The remaining leeway for national tax sovereignty
Authors: Lazarov Ivan , Caziero Martha 
Published: May 2022

The Anti-Tax Avoidance Directive (ATAD) is often regarded as an extraordinary piece of EU legislation in that it does not grant benefits, but obliges Member States to fight abusive practices. The scope of the Directive is limited to taxpayers “subject to corporate tax in one or more Member States”. This article suggests that the term “subject to corporate tax” should be given autonomous interpretation under EU law, thereby preserving the uniformity of Union law and restricting the room for artificial manoeuvre of the Member States. At the same time, interpreting the scope of theATAD must be done in accordance with the delimitation of competences between the Union and its Member States. Considering this, it is argued that the autonomous definition of “subject to corporate tax” should include all forms of direct taxes on corporate bodies, while not preventing the Member States from deciding whether to apply such taxes in the first place, as nothing in the ATAD obliges a Member State to have corporate tax.
Anti-Tax Avoidance Directive, ATAD, taxation, abusive practices, corporate tax, autonomous interpretation, uniformity, scope of the ATAD, “subject to corporate tax”
Managing the ecological transition of the EU: The European Green Deal as a regulatory process
Authors: Chiti Edoardo 
Published: May 2022

The article discusses the rationale and ways of functioning of the European Green Deal (EGD) project, launched by the Commission in December 2019 and developed through a variety of measures ranging from the European Climate Law to the “Fit for 55” package. After situating the EGD in the context of the European multidimensional crisis, the article focuses on the EGD’s objectives and its instruments. It is argued that the EGD may be interpreted as a highly ambitious but still fragile regulatory project that aims at managing a transition from one phase of the European integration process to another. Its ambivalent relationship with existing international initiatives in the field of climate change is explored in the last part of the article.
European Green Deal, EGD, European Climate Law, Fit for 55 package, multidimensional crisis, transition, European integration, climate change, environmental protection, NGEU
Climate change and the mandate of the ECB: Potential and limits of monetary contribution to European green policies
Authors: Ioannidis Michael , Zilioli Chiara 
Published: May 2022

The ECB’s mandate regarding climate change is being actively debated. According to some, the ECB’s mandate excludes any climate-related role, while others argue for a broad responsibility of the ECB in this context. This article argues for a middle way: under certain conditions, the ECB should take climate change into account and act accordingly while pursuing its objectives. EU law and the overall constitutional structure of the Union also provide limits as to how much the ECB can do in this field. This article focuses on the interpretation of the secondary objective of the ECB, according to which the ECB shall support the general economic policies in the Union with a view to contributing to the achievement of the Union’s objectives. This argues that this objective might lend support to ECB measures with an environmental dimension, but it only establishes a contributory power: the ECB cannot make its own environmental policies.
ECB, central banking, mandate, monetary policy, climate change, institutional balance
Green Monetary Policy Between Market Neutrality And Market Efficiency
Authors: Dietz Sara 
Published: May 2022

Confronted with the challenges of climate change, the ECB adopted a Climate Change Action Plan in July 2021 and thereby joined forces with Member States and EU institutions to support Europe’s green transition to a CO2-neutral environment. The measures in the Action Plan aim to internalize climate risks, integrating sustainability-linked bonds into the monetary policy framework and hint at an even more active climate policy by way of preferential green bond purchases. This article analyses to what extent the mandate of the ECB allows for such a green monetary policy, focusing on the admissibility of monetary policy measures containing a “green bias” that discriminate against environmentally unsustainable or carbon-intensive economic activities. The ECB uses the principle of market efficiency to defend preferential green bond purchases. According to the ECB, as long as market participants do not yet adequately price in the costs of climate change and unsustainable economic activities, the ECB should step in and correct these market dysfunctionalities to ensure an efficient allocation of resources.This is a contested novelty in euro area monetary policy, since the ECB has so far adhered to the principle of market neutrality with regard to the allocation of its bond purchases.
ECB, central banking, mandate, monetary policy, climate change, institutional balance, sustainable finance
The European risk-based approaches: Connecting constitutional dots in the digital age
Authors: De Gregorio Giovanni , Dunn Pietro 
Published: May 2022

In recent years, risk has become a proxy and a parameter characterizing EU regulation of digital technologies. Nonetheless, EU risk-based regulation in the digital age is multi-faceted in the approaches it takes. This article considers three examples: the General Data Protection Regulation; the proposal for the Digital Services Act; and the proposal for the Artificial Intelligence Act. These three instruments move across a spectrum, from a bottom-up approach (the GDPR) to a top-down architecture (the AI Act), going through an intermediate stage (the DSA). It is argued, however, that despite the different methods, the three instruments share a common objective and project: they all seek to guarantee an optimal balance between innovation and the protection of rights, in line with the developing features of European (digital) constitutionalism. Through this lens, it is thus possible to grasp the “fil rouge” behind the GDPR, the DSA and the AI Act as they express a common constitutional aspiration and direction.
risk-based approach, EU law, constitutional law, digital constitutionalism, digital technologies
A Partnership of Equals? ‘Deeper’ Economic Integration Between the EU and Northern Africa
Authors: Delimatsis Panagiotis 
Published: May 2022

Strengthening ties with Africa has become a top priority for the current geopolitical European Commission. The focus on Africa is not new: Since 2004, the European Neighbourhood Policy (ENP) has gradually developed a framework for political dialogue and reforms in Northern African countries, which form part of the Southern Neighbourhood. The conclusion of association agreements and free trade agreements (FTAs) at the end of the previous century brought these countries closer to the European Union (EU) in commercial terms. In February 2021, the EU launched a renewed agenda for the South Mediterranean with a view to integrating these economies further to the EU edifice. Against this backdrop, this Article discusses how economic integration manifests itself in the region. It further pinpoints the economic fundamentals and political realities that will shape further economic integration between the EU and Northern Africa. A central element of EU’s renewed strategy in the region is the conclusion of deep and comprehensive free trade agreements (DCFTAs) with Northern African countries. It is argued that the conclusion of such agreements will constitute a litmus test for EU’s new assertive approach in trade matters in line with the newly adopted concept of open strategic autonomy.
European Neighbourhood Policy (ENP), Southern Neighbourhood, Northern Africa, EU trade policy, EU foreign policy, strategic autonomy, deep and comprehensive free trade agreements (DCFTAs), South Mediterranean, economic integration
Communicative Distraction?: Russia’s and the European Union’s Rival Perception Managements
Authors: Headley James 
Published: May 2022

This article examines the nature and implications of the current information/propaganda battle between Russia and the EU by placing it in the context of conceptions of argument and dialogue in international politics. Both sides are engaged in ‘perception management’ by which they try to defend their actions and influence positively the opinions of foreign publics. This seems far removed from ‘communicative action’, the Habermasian notion of engagement in argument and dialogue between equals. The article argues that the current crisis in Russia-EU relations is partly the result of the perception on the Russian side that there never was such communicative action – because Russia was not treated as an equal partner in dialogue, and its views/interests were ignored in a number of cases. On this account, Russia therefore became more assertive, culminating in the Ukraine crisis and Russia’s outright aggression which it tried to defend using perception management, echoed by the EU’s counter-disinformation campaign. We are therefore closer to ‘communicative distraction’ – attempts to control image and opinion – rather than the debate and dialogue inherent in communicative action. Nevertheless, the article argues that even within these rival perception managements, there is engagement in argument over norms and the application of norms in specific cases. In the present crisis of Russia-EU relations, we cannot expect more; but the fact that there is some form of argument might still provide a potential basis for fuller dialogue in the future.
Russia, EU, Perception Management, Information Warfare, Communicative Action
In the ‘Shadow’ of the EU: Perceptions of China and Strategic Considerations in Poland and Ukraine
Authors: Sabatovych Iana , Wang Xiwen 
Published: May 2022

The European Union (EU) has continuously extended its presence in the post-communist neighbourhood through the offer of membership and/or closer political and economic association. Meanwhile, the growing competition among various powers in the region brings a potential of new divisions in Europe, as Ukraine’s crisis demonstrates. Furthermore, while the presence of such powers as the United States (US) or Russia is somewhat traditional for the region, China’s growing economic engagement with post-communist states reveals its potential to become an equally important actor. This article examines this potential of China on the examples of Poland and Ukraine, as both countries share geographic and historical similarities but differ in their Europeanization progress. We believe that this convergence with the EU may affect the way Ukraine and Poland perceive and accordingly engage with China and test this hypothesis within the neoclassical realist framework. We find that the perceptions of China in the two countries affect the intensity of their engagement with China, especially when the EU is concerned. Moreover, the effectiveness of the relationship-building with China, in line with neoclassical realism, depends on the extent to which their political decisions are guided by strategic considerations as opposed to perceptions of international affairs. This is true for the dynamics of China’s relations with the two countries not only in the long run but also in light of the most recent developments in the international arena.
perceptions, China, the EU, Poland, Ukraine, Russia
The ‘Palm Oil Wars’ or How the EU’s ‘Inflated’ Common Commercial Policy Might Need to Prioritize Its Non-trade Values
Authors: Gáspár-Szilágyi Szilárd 
Published: May 2022

In this article I rely on the recent ‘Palm Oil Wars’ between the EU, Malaysia, and Indonesia to illustrate how the EU’s ‘inflated’ Common Commercial Policy (CCP) is becoming increasingly difficult to manage. The CCP’s expansion in scope, the external effects of internal EU environmental legislation, the increased role of the European Parliament in the conclusion of international agreements, as well as the EU’s constitutional mandate to pursue non-trade values in its external and trade relations has increased the number of issues and players that can affect the negotiation of preferential trade agreements. As a possible solution, I propose that the EU should prioritize its non-trade values and objectives, among which one can mention the protection of human rights, the promotion of democratic values, the rule of law, sustainable development, environmental protection, and investment protection. For higher non-trade values, the EU should follow a principle-based approach, even if the risk is that no agreement will be concluded; for medium-level values, the EU should follow a more concessionary approach and accept certain trade-offs in order to keep concluding trade agreements and remain a credible international partner, whilst lower non-trade values or objectives can be excluded from the negotiations if they risk jeopardizing them.
Palm Oil Wars – Common Commercial Policy – EU environmental legislation – nontrade values
Attitudes Towards the European Union in the MENA Region: The Case of Saudi Arabia
Authors: Isani Mujtaba , Schlipphak Bernd 
Published: May 2022

What shapes Saudi attitudes toward the European Union (EU)? Previous research has only shed some light on attitudes towards the EU in the Middle East and North Africa (MENA) region. This article aims to extend this line of research by investigating Saudi perceptions of the EU in the context of Vision 2030s Strategic Partnership Programme that intends to push forward integration between Saudi Arabia and other regional blocs. Combining literature on Arab public opinion and perceptions of the EU, we argue that attitudes towards prominent countries such as Germany and the United States can serve as heuristics in the formation of Saudi EU attitudes. Moreover, traditional cosmopolitan factors may also have an impact. We empirically test our argument using data from the second wave of the Arab Barometer and an original survey carried out at the King Fahd University of Petroleum &amp; Minerals (KFUPM), Saudi Arabia. Our findings confirm that Saudi EU perceptions seem to be informed by their view of the United States but especially of Germany. Having provided evidence on Saudi attitudes toward the EU, we discuss theoretical and methodological implications emanating from our research.
attitudes, European Union, Saudi Arabia, Germany, heuristic, Vision 2030