Economy and Business (Books and Journals)
- Lineamenti di ragioneria internazionale di: Cacucci Editore, 2005
- Ykpaiha 2022
Legitimate Aims, Illegitimate Aims and the E.Ct.H.R.: Changing Attitudes and Selective Strictness
This article aims to trace the recent changes in the case law of the European Court of Human Rights, pertaining to the legitimate aim test, which has so far not been appropriately considered in existing jurisprudence. It first shows that the legitimate aim test is not just a paper tiger, and has a bigger bite than it has been given credit for, especially for the last ten years. Furthermore,...
Sale of Quotas for Greenhouse Gas Emissions as a Type Civil Sale and Purchase Contract
The article examines the emergence, development and current legal regulation of the sale and purchase agreement, and reveals the place of sale of quotas for greenhouse gas emissions in the system of civil contracts. The character of the sale of emission quotas between states is considered, as well as the legal nature of the quota sale (carbon units) contract in the framework of national...
Controlling Shareholders and Intra-Group Transactions: A Special Framework
Controlling shareholders and their activities in publicly traded companies have long stirred debate and controversy. Still dominating the corporate landscape across the world, concentrated ownership has been associated with both extraction of private benefits of control (P.B.C.) and entrepreneurship. Drawing on the theories on corporate control, this article contributes to accomplishing the law’s
Legal Aspects of Review of Valid Rulings in Criminal Proceedings in Connection with Significant Violations of Substantive or Procedural Provisions of the Law
The aim of this article is to review the existing discipline of legal institutes in connection with significant violations of substantive or procedural legal norms and its significance in criminal proceedings in the Republic of Latvia and the Republic of Lithuania, their common and different features, problems and case law. The basis of the research is the analysis of regulatory enactments, court
- Securitizing Notes of Small Businesses and Needy Workers
- A New International Crime of Ecocide?
Law in a Time of Corona: Global Pandemic, Supply Chain Disruption and Portents for 'Operationally-Linked (but) Legally Separate' Contracts
The novel coronavirus (Covid-19) pandemic has resulted in the disruption of activities in major centres of global production, with adverse portents for contractual obligations across global supply chains. The global pervasiveness and dynamic propagation of the risks arising from contractual failures provides an opportunity to reconsider the nature and impact of mechanisms for excusing failure to...
The Conflict of International Agreements in Air Law: A Reasonable Plea for Conventional Uniform Rules
This note surveys the roots of a phenomenon called "conflict of international agreements", which forms a distinctive source of legal uncertainty in trans-border disputes, with a particularly high incidence in the field of air law. The authors suggest that the conflict of international agreements should be understood as an added layer of legal complexity in trans-border air law disputes, beyond...
The Right to Dignity of the Surrogate Mother
This article explores a different perspective on the right to dignity of the surrogate mother in commercial surrogacy arrangements under international human rights norms and philosophical principles. Here, I examine the concept of human dignity under the lenses of contemporary legal theory reflecting on the right to self-determination of the surrogate mother. This dignity-based approach serves...
- What COVID-19 does to our Universities
What Is Next for Digital Trade in a Post-Brexit Britain? - Examining the Regulation of Data Flows Under G.A.T.S. & Possible Implications of G.D.P.R. on Britain as a Third Country
Data, much like other currencies, flows cross-border -from one jurisdiction to the other. However, it is hard to regulate the privacy aspects surrounding such free-flowing data by rules strictly based on jurisdiction. This article thereby begins by discussing the importance of data protection regulations like the General Data Protection Regulation (G.D.P.R.), followed by a brief analysis of the...
Challenging the Undesired Outcome of FIOST Clauses on Cargo Interests
Loss of, or damage to goods is a frequent occurrence in the shipping industry, which may often occur as a result of improper cargo-handling operations during loading, discharging or even stowing. This highly concerns cargo interests, as they will seek to reimburse their loss from their carriers under bills of lading. Often, the bill of lading may well contain terms of a charterparty by way of...
Constituting Over Constitutions
In philosophy, legal theory and law, the Grundnorm, or basic norm, is often assumed to be the constitution, or that which overrides other norms. That is incorrect. This paper argues that the grundnorm should be the norm which regulates human procreation. This norm must proceed from the theoretical absence of human power, or a zero baseline. This essay attempts to correct the grundnorm fallacy...
Is a Requirement to Wear a Mask Economically Valid During COVID-19?
Two of the most important categories of government intervention in response to COVID-19 are business closures and mask mandates. The scientific literature supports the efficacy of mask-wearing to reduce the transmission of respiratory viruses (including COVID-19). However, the efficacy is greater in stopping outbound transmission (meaning that my mask protects you) than inbound transmission (meani
The Price of Transitional Justice: A Cost-Benefit Analysis of its Mechanisms in Post-Revolution Phase
Transitional Justice [hereinafter T.J.] in the post-revolution phase refers to the policies that aim to deal with the autocratic past-regime violations against its people to achieve accountability and democracy and promote human rights and the rule of law. To achieve these goals, the United Nations, within its Rule of Law Initiative, issued in 2010, a set of five mechanisms that work as...
- Bowing to Authority: the COVID-19 Experience
The Eras of Extraterritoriality in the United States
This article uses the research from Kal Raustiala's book, Does the Constitution Follow the Flag? : The Evolution of Territoriality in American Law, and the research from several of my articles on extraterritorial applications to explain how the United States has used the regulatory tool, extraterritoriality, since the time of the American Founding and how such use has differed as the United...
- Il Libano tra crisi economica, distruzione e speranze di rivoluzione
Video Surveillance of the Employees Between the Right to Privacy and Right to Property After López Ribalda and Others v. Spain
The tension between safety and privacy has become an important issue in the modern world. Video surveillance systems are indeed powerful tools for fighting crime on the one hand, and for the protection of property from theft on the other. The European Court of Human Rights (ECtHR) has examined the issue of video surveillance in many of its decisions. In this work, the author analyses the issue of
Ex Machina: Technological Disruption and the Future of Artificial Intelligence in Legal Writing
Technology is disrupting the practice of law and revolutionizing how lawyers work. This revolution is made more powerful because it is increasingly coupled with a rigorous and scientific approach to the law. In some ways, law is looking more like a Silicon Valley startup and less like the oak-paneled law firms of the last 200 years. As law, technology, and science merge, the implications for the...
A 'Legal Eccentricity': The European Parliament, its Non-binding Resolution, and the Legitimacy of the EU's Trade Agreements
The European Union (EU) is pursuing an ambitious trade agenda despite increased controversy over the negotiating process and substance of trade agreements. This controversy raises questions about the legitimacy of trade agreements, as Cecilia Malmström, former European Commissioner for Trade, has acknowledged. This article seeks to evaluate the legitimacy of the EU's agreements, with a focus on...
Malaysian Personal Data Protection Act, a Mysterious Application
Malaysia is a pioneer in drafting and executing personal data protection law among the ASEAN countries. However, the adequacy of this protection regime is questionable. This study is aimed at evaluating the aptitude of the Personal Data Protection Act (2010) (P.D.P.A.) from the application perspective. The evaluation and analysis of the application and scope of the P.D.P.A. through comparative...
- Changing Responsibility for a Changing Environment: Revaluating the Traditional Interpretation of Article VI of the Outer Space Treaty in Light of Private Industry
- The Unacceptable Spectre of Under-Aged Forced Marriage in Turkey
- Why Ricardo's Theory of Comparative Advantage Regarding Foreign Trade Doesn't Work in Today's Global Economy
- Of Peacocks, Tulips, and Shotguns: Intentions and Side Effects in John Finnis' Natural Law Theory
- Brexit, the Misrepresentation of Democracy, and the Rock of Gibraltar
- Achieving the Right to Work in the Face of Technological Advances: Reflections on the Occasion of the ILO's Centenary
- Costo Della Vita - Indici Nazionali