Articles de revues : « Arbitrato. Public Companies »

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Allotti, Valentina, et Federico Raffaele. « Corporate Arbitration and Listed Companies : A Nice Couple in Capital Markets ? The Case of Italy and a European Perspective ». European Company Law 19, Issue 6 (1 décembre 2022) : 160–66. http://dx.doi.org/10.54648/eucl2022026.

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Recent amendments to the Italian Law of Civil Procedure (‘ICCP’) have not removed the existing ban on intra-corporate dispute (‘ICD’) arbitration for Italian listed companies. As we believe that ICD arbitration can provide redress to shareholders and improve management accountability, we criticize this approach and develop a ‘model’ for ICD arbitration that brings together (1) the corporate governance perspective, for a proper balance between the flexibility of the adoption of the arbitration clause and the protection of minority shareholders; (2) the capital markets perspective, for the disclosure to the public of relevant information in order to protect investors and build trust; and (3) the arbitration perspective, for the adoption of specific rules (a) to allow the participation of a potential great number of parties to the procedure, (b) to ensure the appointment of qualified and independent arbitrators in a typical multi-party dispute, and (c) to ensure that arbitrators may adopt conservatory and interim measures. Finally, we suggest that it might be beneficial to promote such model also at the EU level, as such benefit would be, at least, two-fold, both in terms of harmonization (or, better, level playing field) of the corporate law enforcement mechanisms and of serving the purposes to which recent EU corporate legislation seems to be leading. Corporate Arbitration, Listed Companies, Intra-Corporate Disputes

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Poloni, Flore, et Marie Danis. « Arbitrage et droit des sociétés : Avant de dissoudre une société, les arbitres doivent sassurer que celle-ci est bien partie à la cause ». ASA Bulletin 33, Issue 4 (1 décembre 2015) : 943–50. http://dx.doi.org/10.54648/asab2015075.

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Before dissolving a company, arbitrators should make sure that the company itself is a party to the arbitration proceedings. In a recent case the Paris Court of Appeal judged that the failure to summon a company whose dissolution is requested renders the award null and void. While this solution may not come as a surprise, the fact that this requirement is based on international public policy is a novelty. This case highlights the need to clarify arbitrators’ powers in the context of companies’ corporate lives.

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De Assis, Luiz Eduardo Altenburg. « Arbitrabilidade dos litígios com empresas estatais à luz da jurisprudência do TCU e do STJ ». Revista Brasileira de Arbitragem 18, Issue 71 (1 décembre 2021) : 39–64. http://dx.doi.org/10.54648/rba2021029.

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The objective of this paper is to provide an analysis concerning some criteria adopted by Brazilian courts in matters of arbitrability of disputes involving state-owned companies. To this end, I initially examine the characteristics of the legal regime of state-owned companies. Then, the evolution of the jurisprudence of the Federal Court of Accounts and the Superior Court of Justice is examined, with the aim of identifying the main controversial issues regarding the use of arbitration by public agencies. In the last part, the article focuses on three criteria adopted by Brazilian case law to deny the arbitrability of disputes with state-owned companies: a) the distinction between state-owned companies providing public services and those exploiting economic activities; b) the discrimination between main and support activities of the state-owned companies; and c) the extension of the statutory arbitration clause to the controlling shareholder of the state-owned company. In the end, it is concluded that arbitration is an adequate and necessary instrument for the persecution of public interests that legitimizes the State’s entrepreneurship, although its consolidation still demands the overcoming of traditional dogmas of the Brazilian administrative law that are incompatible with the business ends of the state-owned companies. Arbitration; Public Administration; state-owned companies; arbitrability.

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Woltering, René-Ojas, David H. Downs et Steffen Sebastian. « Public versus Private Market Arbitrage : International Evidence for Listed Property Companies ». Journal of Real Estate Research 43, n^o 3 (3 juillet 2021) : 355–81. http://dx.doi.org/10.1080/08965803.2021.1985922.

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Vasiljević, Mirko. « Commercial companies and commercial courts ». Pravo i privreda 58, n^o 3 (2020) : 7–54. http://dx.doi.org/10.5937/pip2003007v.

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The company law rules governing commercial companies, being a special sphere of substantive law, are not and cannot by themselves constitute a closed regulatory system. Practical legal life of numerous substantive institutes of company law is possible only within the complete legal surrounding and in delicate cooperation between substantive and procedural regulation. At this moment, the Serbian legal scene is characterized by an evident gap between legislative aspiration which covers the sphere of substantive provisions governing commercial companies (Law on commercial companies) aimed at following the trends of the company law regulation in the leading European countries and harmonised regulation within this sphere on the level of EU and regulation which covers the procedure of enforcement of those institutes in practice, both contentious and extra contentious, both judicial and arbitration. Of course, this does not mean that regulation of substantive law institutes, especially the institutes which have their procedural side, is always fully acceptable and exemplary in all their aspects. In this article the author critically discusses, before all, shortcomings of Serbian companies' regulation which governs substantive law institutes having corresponding procedural aspects: arbitrability of internal company disputes (companies' members - members, members - board of directors, companies' members - company) and special companies' actions that are recognized and regulated by law (arbitrability of derivative action, arbitrability of individual action, arbitrability of class action); shortcomings of existing substantive legal regime of derivative action, which are the main reason of the scarce presence of this type of action in judicial practice; shortcomings of existing legal regime of individual action (especially on the level of covering the zone of reflective losses), as well as the shortcomings of legal regime of the class action as a kind of collective action (especially of its legal effect on non-participants in the procedure before courts or arbitration) and, finally, representative actions. The author draws the conclusion that it is necessary to review the substantive regulation in order to remove any possible ground for interpretation that internal companies' disputes are not arbitrable (capable of being resolved by arbitration under the arbitration agreement). In the same vein, the author submits that it is necessary to thoroughly modify the existing procedural regulation, in order to make procedural aspects of company lawsuits more straightforward and indisputable (litispendancy objection and res iudicata objection - the need to establish only the objective identity of the subject-matter of the disputes, procedural costs related to derivative actions, legal effect of class action on non-participants in litigation or arbitration procedure, practical aspects of representative legal actions and so on). Finally, the author proposes the introduction of the possibility for alternative competence of public notaries for numerous extra-contentious procedures which can now be brought only before commercial courts. As an argument in favour of this proposal, the author puts forward that, at present, public notaries are competent to perform various non-contentions procedures (this could partly compensate for their almost complete non-justifiable exclusion from the sphere of company law, which is the current approach taken by the Serbian public notary law).

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Petter, Eduardo Leardini. « Transbarge Navegacion S.A. v. Serviço de Navegação da Bacia do Prata S.A. Ajuizamento de demandas judiciais na existência de cláusula compromissória. Renúncia tácita à convenção de arbitragem. Impossibilidade de posterior invocação da cláusula compromissória. Nemo potest venire contra factum proprium. Boa-fé objetiva Brasil. Superior Tribunal de Justiça. 3ª Turma. Recurso Especial nº 1.894.715/MS (2019/0152051-6). Rel. Min. Paulo de Tarso Sanseverino. J. 17.11.2020 ». Revista Brasileira de Arbitragem 18, Issue 71 (1 décembre 2021) : 122–43. http://dx.doi.org/10.54648/rba2021033.

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Jaques, Betyna. « Alegada inconstitucionalidade do artigo 189, iv, do cpc. Sigilo dos processos judiciais que versem sobre arbitragem. Publicidade. Confidencialidade. Interesse social. Revisão do mérito da sentença arbitral. Brasil. Tribunal de Justiça de São Paulo. 1ª Câmara Reservada de Direito Empresarial. Agravo de Instrumento nº 2263639-76.2020.8.26.0000. Rel. Des. Cesar Ciampolini. J. 02.03.2021 ». Revista Brasileira de Arbitragem 18, Issue 71 (1 décembre 2021) : 99–121. http://dx.doi.org/10.54648/rba2021032.

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Hamida, Walid Ben. « Droit climatique et du droit des investissements : de la friction à la coordination ». Revista Brasileira de Arbitragem 18, Issue 71 (1 décembre 2021) : 84–98. http://dx.doi.org/10.54648/rba2021031.

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Wald, Arnoldo, et Jean Kalicki. « The Settlement of Disputes between the Public Administration and Private Companies by Arbitration under Brazilian Law ». Journal of International Arbitration 26, Issue 4 (1 août 2009) : 557–78. http://dx.doi.org/10.54648/joia2009030.

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The ability of state entities to submit to international arbitration remained the subject of hot debate for a long time under Brazilian law. Brazil’s resistance to arbitrability of disputes involving public administration was not very different from the resistance faced by other countries around the world. Brazil began to overcome traditional hostilities related to arbitration involving state entities in 2005, as a result of legislative reforms, which expressly authorized the use of arbitration in public-private partnerships (PPPs) and in concession contracts, as well as favorable decisions rendered by the Superior Court of Justice. In light of these developments, it can now be said that Brazilian law fully and finally recognizes the capacity of state entities to submit to arbitration. This recognition provides greater security to investors that contract with Brazil’s state entities, and ultimately contributes to the country’s economic growth.

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Vasiljević, Mirko. « Arbitration agreement and intercompany disputes ». Anali Pravnog fakulteta u Beogradu, n^o 2/2018 (14 juillet 2018) : 7–46. http://dx.doi.org/10.51204/anali_pfub_18201a.

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The affirmation of resolution through arbitration of commercial disputes in the field of contract law, both at national levels (as an undisputable trend of varying degrees) as well as at the international level, has raised the issue of the possibility of resolving intercompany disputes in this manner, in order to extend the freedom of will of investors from the domain of establishing companies to include the domain of the freedom of choice of a forum for resolving possible disputes arising from numerous legal relations of this kind. However, unlike contracts, with the primacy of free will compared to limitations (the relation of rules and exceptions), the sphere of intercompany relations, although basically contractual by its origin, has, in its functioning, an emphasized need to resolve the conflict of contract and company law in order to make the arbitrability of these disputes realistically possible, while on the other hand, compared to the contract law, the sphere of company law is always more in the focus of attention of national public orders, as a universal institute (regardless of its scope), which represents an obstacle to arbitrability of these disputes. In this paper, the author first analyses the legal nature of the constituent acts of companies (the founding act and statute of a joint stock company) in the context of an arbitration agreement, on which the arbitrability of intercompany disputes can solely be based, finding that their contractual nature is a serious obstacle to mandatory arbitrations of these disputes (if these acts with this clause are adopted by majority of votes), and that the theory of adhesion contracts could be a solution to encourage arbitrability, but only for closed type of companies, while this would not be possible in the case of a public joint stock company, especially in the case of non-professional shareholders because of the need to additionally protect them through consumer law. The author continues by analysing the notion of intercompany disputes and systems of possible objective arbitrability (ratione materiae) of these disputes, finding that the Serbian arbitration law and company law, especially with regard to the possible restrictive concept of „exclusive jurisdiction of commercial courts“ for these disputes, has at least serious reasons for changes in favour of strengthening their arbitrability, with certain necessary individual exclusions in case of the dominance of public order interest. Finally, the author also analyses certain aspects of multiparty nature of the intercompany disputes, especially regarding public joint stock companies, as possible procedural obstacles to their resolution through arbitration, even in cases of their possibly undisputable objective arbitrability.

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Zufelato, Camilo. « Regras procedimentais da arbitragem coletiva no âmbito dos direitos dos investidores no mercado de ações : contexto, undamentos e adaptações procedimentais ». Revista Brasileira de Arbitragem 18, Issue 71 (1 décembre 2021) : 65–83. http://dx.doi.org/10.54648/rba2021030.

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The article analyzes the procedural rules concerning class arbitration, elaborating processes for adapting the procedures relating to individual arbitration for class arbitration, as well as the rules themselves concerning class actions. The creation of this system of procedures aims to contribute theoretically to the field, but also to establish some guidelines regarding the practical application of the figure. The article deals with the main procedural aspects elaborated and/or adapted and, from that, presents theoretical-propositional conclusions when identifying and discussing conceptually about the main procedural aspects to be potentially applied in the scope of class arbitrations. Arbitration; Public Administration; state-owned companies; arbitrability.

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Lutsenko, S. I. « RATING EVALUATION OF SELF-REGULATING ORGANIZATIONS OF ARBITRATION MANAGERS AS A MECHANISM TO IMPROVE THEIR PERFORMANCE ». Strategic decisions and risk management, n^o 6 (25 octobre 2014) : 72–80. http://dx.doi.org/10.17747/2078-8886-2013-6-72-80.

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The influence of macroeconomic factors and company characteristics on the financial decisions (financing sources, a choice of model of optimum financing) are considered. The economic policy of state allows to understand made decisions the company concerning the capital structure. The given work allows to draw certain conclusions on why the Russian companies, in a greater degree, adhere to the pecking order theory. On analogies to the public companies, the state in the field of a debt policy also adheres to the pecking order theory.

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Dove, John A. « Public Protection versus Public Choice : An Analysis of Merger Enforcement Behavior by State Attorneys General ». Journal of Public Finance and Public Choice 28, n^o 2 (1 octobre 2010) : 115–32. http://dx.doi.org/10.1332/251569210x15665367279435.

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Abstract A large body of literature has emerged regarding the proper role and scope of state level merger oversight and enforcement in the U.S., handled by each states respective attorney general (AG). Much of it suggests that due to the set of incentives and constraints that state AGs face, state level enforcement has become much more politicized and arbitrary as compared to federal enforcement. Although numerous studies have provided ample anecdotal evidence, none of these studies have formally tested what actually impacts state merger reviews. Therefore, by employing a dataset of state merger review cases between 1998 and 2010 this paper attempts to empirically test and examine the political incentives surrounding a state AGs decision to review a potential merger. Overall, I do find evidence that electoral aspirations and campaign contributions have a relatively limited but robust impact, while cases involving Fortune 500 companies, as well as multiple states pursuing die same case have a much more profound impact on a state AG’s decision to scrutinize a merger.

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Alkhamees, Ahmad. « International Arbitration and Sharia Law : Context, Scope, and Intersections ». Journal of International Arbitration 28, Issue 3 (1 juin 2011) : 255–64. http://dx.doi.org/10.54648/joia2011020.

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Recent decades have witnessed an increase in selecting international arbitration as an alternative method of resolving disputes. However, its acceptance and the interpretation of arbitration agreements have been notably influenced by Shari'a, as it is the primary source of law and public policy in many countries in the Islamic world. The growth in business relations between international companies and the Islamic world, mainly in the Middle East, in addition to the expansion of Islamic finance, stress the importance of understanding the Shari'a attitude towards international arbitration. This article seeks to examine the extent to which international arbitration is compatible with arbitration according to Shari'a law. Special attention will be paid to the arbitration regulations in Saudi Arabia as a country largely influenced by Islamic law. The principle argument of this article is that Islam has recognized arbitration as an alternative system for resolving disputes. Although the views of some Islamic jurisprudence schools are inconsistent with the practice of international arbitration, compatible views generally are found within other Islamic jurisprudence schools, and Muslims are permitted to follow it.

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Pravda, Václav. « Particularity of Recognition and Enforcement of Foreign Arbitral Awards in the Russian Federation : Public Policy ». International and Comparative Law Review 19, n^o 1 (1 juin 2019) : 307–22. http://dx.doi.org/10.2478/iclr-2019-0012.

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Summary This article elaborates on the issue of recognition and enforcement of foreign arbitral awards in the Russian Federation. It is common knowledge that foreign companies seeking R&E in Russia suffered damage because of the broad interpretation of Russian public policy in the past decades. However, it is uncertain how the present judicial development appears like and where it will lead in the future. The article specifically considers two basic ideas on the issue at hand: one is slightly critical (Karabelnikov) while the second is rather optimistic in regard with the recent development (Zykov). The main goal is to introduce the issue to the respective readers and to try to inflame a discussion.

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Simões, Fernando Dias. « The role of investment arbitration in water services governance ». Water Policy 19, n^o 2 (28 novembre 2016) : 271–85. http://dx.doi.org/10.2166/wp.2016.032.

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The flux of foreign investment into the water industry that took place over recent decades had a significant impact on the relationship between water companies and states. The creation of a global network of international investment agreements also altered the method of adjudication of possible disputes between the parties. The emergence of global water markets and the advent of Public–Private Partnerships led to the emergence of what has been called Global Water Governance. This articles analyses how the decisions of arbitral tribunals in water-related disputes are becoming an integral part of this global regulatory system and discusses their impact on water services governance. Governments are increasingly required to have a thorough knowledge of the functioning and possible implications of the legal frameworks that underpin foreign investments in the water services market.

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Ziadé, Roland, et Andrew Plump. « Changed Circumstances and Oil and Gas Contracts ». BCDR International Arbitration Review 7, Issue 1 (1 juin 2020) : 193–224. http://dx.doi.org/10.54648/bcdr2021022.

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Actors in the Oil & Gas sector frequently have the experience and foresight to include price adjustment and similar self-regulating clauses in their long-term contracts. It has long been the case in the MENA region that this, coupled with other factors such as the type and size of the companies in the sector and the applicable business and legal cultures, has limited the number of disputes requiring third-party adjudication, notably via international arbitration. However, as the COVID-19 pandemic has entered a second calendar year and continues to roil the world economy and upend established patterns and relationships, it is timely to review the legal landscape in MENA countries in respect of force majeure, hardship and related legal doctrines concerning the potential effects of changed conditions on contracts.This is particularly relevant as a number of these national laws treat the authority of a judge or arbitrator to potentially adjust a contract to maintain or restore its economic equilibrium in the face of unforeseen changed circumstances as a matter of public policy. It is also revealing to see how arbitral tribunals have in fact dealt in the past with other situations of changed conditions affecting Oil & Gas sector contracts in the MENA region and consider the potential implications for emerging and potential disputes, including those which may emerge from disruptions secondary to the COVID-19 pandemic. This review brings into stark relief the vital importance of effective and resilient contractual mechanisms and of careful attention to the choice and significance of the national law to govern such contracts.

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Azevedo, Timothy. « Enough to Hang Your Hat On ». Texas A&M Journal of Property Law 5, n^o 3 (avril 2019) : 101–21. http://dx.doi.org/10.37419/jpl.v5.i3.1.

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Texas law is currently silent on the issue of whether insurance companies may sell insurance policies that require policyholders to bring coverage disputes to an arbitrator rather than the courts. As incentives increase for insurance companies to avoid costly litigation and for consumers to cut ever- increasing premiums, this creates a situation where a hasty, ill-considered proposal to allow such policy terms could shake the insurance market and public policy in the state for years to come. Rather than taking a reactive position, the Texas legislature should work with the Department of Insurance and stake- holders to affirmatively decide: (1) whether to allow such policies at all and, if so, (2) to create a robust legal framework that companies and consumers can both benefit from and rely upon. Other countries, such as the United Kingdom, have well-established frameworks in place that can be instructive, as University of Minnesota Law School professor Daniel Schwarcz has argued. Ultimately though, Texas must determine for itself what policy will suit such a vast and diverse state, particularly given its extreme weather. Texas should consider establishing an independent body to assist in insurance dispute resolution and to promote transparency. This Comment lays out the case for doing so: better outcomes, better insurance, and better access to justice.

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Morais Tonin, Mauricio. « Direito patrimonial disponível da administração pública : tentativa de definição ». Revista Brasileira de Arbitragem 15, Issue 59 (1 septembre 2018) : 61–79. http://dx.doi.org/10.54648/rba2018032.

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RESUMO: O presente estudo pretende contribuir com a definição de direito patrimonial disponível da Administração Pública. A relevância do tema decorre da necessidade de delimitação dos conflitos passíveis de solução pela arbitragem quando envolverem entes estatais. Em outubro de 2017, o Superior Tribunal de Justiça analisou o assunto no julgamento do Conflito de Competência nº 139.519/RJ, relativo a um contrato de concessão entre a Petrobras e a Agência Nacional do Petróleo, Gás Natural e Biocombustíveis (ANP). Partindo da análise desse caso e da doutrina especializada, o autor distingue a indisponibilidade do interesse público da disponibilidade de direito estatal e, considerando a dicotomia entre interesse público e interesse da Administração Pública, apresenta um conceito de direito patrimonial disponível estatal. ABSTRACT: This paper aims to contribute with the definition of disposal patrimonial right of Public Administration. In October 2017, Superior Court of Justice (STJ) analyzed the subject in judgment of Disposable conflict of Jurisdiction nº 148.519/RJ, but it was not conceptualized. The relevance of this subject comes from the necessity of delimitation of the conflicts that can be resolved by arbitration and by Dispute Board, when involves State bodies. From the vote of Minister Regina Helena Costa (STJ) at the mentioned case, the author analysis the specialized doctrine and provides a concept of disposal patrimonial right of public-law entity and of public companies and government-controlled companies

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Oedoyo, Wibisono, Herangga Herangga, Priscillia Putri Hermin Purnomo et Muhammad Arvin Wicaksono. « Pemberlakuan Arbitrase Secara Elektronik Sebagai Penyelesaian Sengketa Bisnis pada Masa Pandemi COVID-19 ». Jurnal Indonesia Sosial Sains 3, n^o 7 (25 juillet 2022) : 1062–76. http://dx.doi.org/10.36418/jiss.v3i7.649.

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Adjustment of relations between parties and places of communication is not only pegged to space and time, this happens because of the sophisticated technology and ease of communication that has developed rapidly as a result of the big changes in the Industrial Revolution Era 4.0. The activity of resolving business dispute problems during this pandemic is greatly helped by the existence of electronic arbitration whose implementation process can be carried out using various existing arbitration institutions. Writing this journal aims to explain and urge the public that resolving business disputes can use arbitration institutions and be accompanied by legal force. Using normative and empirical legal research methods is the right solution in compiling this research, and taking a legislative and comparative law approach is expected to complete this research. As long as the provisions of Law no. 30 of 1999 concerning Arbitration and Alternative Dispute Resolution (UUAAPS) goes hand in hand, so the electronic arbitration arrangements and procedures remain in effect. The need for Law Number 19 of 2016 concerning Amendments to Law Number 11 of 2008 concerning Information and Electronic Transactions as the legal basis for supporting the provisions of Article 4 paragraph (3) of the AAPS Law is to strengthen the regulations in Article 4 paragraph (3) of the AAPS Law. So it can be concluded that carrying out Electronic Arbitration in Indonesia during the COVID-19 pandemic is very helpful for business actors to be able to resolve their disputes because the convenience of these electronic devices makes business actors more efficient in running their companies.

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Bu, Qingxiu. « Danone v Wahaha : Who Laughs Last ? » Business Law Review 32, Issue 6 (1 juin 2011) : 140–47. http://dx.doi.org/10.54648/bula2011036.

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Multinational companies may experience culture clashes, incompatibility of Western corporate governance and legal resolution strategy problems. As one of the most successful joint venture models, the high-profile Danone v Wahaha dispute has accelerated into a two-year legal feud across jurisdictions against infringement of the famous Wahaha brand. The case represents a significant watershed, which reflects the status quo of controversy over cooperation and competition in China. Under the current legal framework, Danone's withdrawal serves as a wake-up call for both foreign investors and Chinese companies in the dramatically increasing cross-border merger & acquisitions situation. The seminal case perfectly illustrates unwritten issues about public opinion, nationalism and the rule of law. Danone v Wahaha has also been commonly conceived as a landmark case through the Chinese may judge the fairness of the Western judicial system, while Europeans may regard it as a touchstone for China's investment environment as well as the specific sphere of contracts. It also offers many lessons, including the need for watertight contracts, IP rights, and international arbitration.

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Sappideen, Razeen, et Ling Ling He. « Investor-State Arbitration : The Roadmap from the Multilateral Agreement on Investment to the Trans-Pacific Partnership Agreement ». Federal Law Review 40, n^o 2 (juin 2012) : 207–26. http://dx.doi.org/10.22145/flr.40.2.4.

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Capital exporting countries have attempted to protect the overseas investments of their multinational corporations (MNC) against host nation governments expropriating these investments, limiting the right to repatriate profits, or subjecting the withdrawal of their investments to heavy penalties. The aborted Multilateral Agreement on Investment (MAI) of the mid-1990s was an attempt at transferring these concerns to a settled legal framework between nations. Some limited expression of this is found in the provisions of the World Trade Organisation (WTO) Dispute Settlement Understanding, while more substantive assertions are found in the investor-state dispute settlement (ISDS) provisions of bilateral trade and investment agreements entered into between developed and developing economies. However, recent legal challenges and associated public relations campaigns by MNC directed at Public Law and Health measures have caused governments to reassess the situation. A classic example of this has been the challenge by tobacco companies against the plain cigarette packaging legislation introduced by the Canadian and Australian governments. The Australian Government's response to this through its statement of position in respect of future bilateral agreements and its Tobacco Plain Packaging Act 2011 (Cth)1 is equally path breaking. This article examines the dramatic turnaround in perspective of States in respect of Investor-State arbitration, and its impact on the Trans-Pacific Partnership Agreement (TPP) currently being negotiated.

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Zhou, Yingying, Yuehan Du, Fengyi Lei, Ziru Su, Yifei Feng et Jie Li. « Influence of Financialization of Heavily Polluting Enterprises on Technological Innovation under the Background of Environmental Pollution Control ». International Journal of Environmental Research and Public Health 18, n^o 24 (17 décembre 2021) : 13330. http://dx.doi.org/10.3390/ijerph182413330.

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In the wake of the acceleration of China’s industrialization and rapid economic growth, environmental pollution has also attracted great attention. The technological innovation of heavily polluting enterprises is conducive to reducing pollution emissions and promoting environmental health. The financial investment tendency and behavior of real enterprises have a significant impact on the technological innovation decision-making of enterprises. A panel model is used in this paper in order to empirically test the impact of financialization of Chinese heavily polluting enterprises on technological innovation based on the data of Listed Companies in Chinese heavily polluting industries from 2008 to 2019. The + results show that the financialization of heavily polluting enterprises has a significant crowding out effect on technological innovation. After introducing arbitrage motivation as the regulating variable, further research finds that arbitrage motivation weakens the inhibitory effect of enterprise financialization on technological innovation, that is, the stronger the arbitrage motivation, the smaller the negative effect of financialization on enterprise technological innovation, which weakens this crowding out effect. Finally, the listed enterprises in heavily polluting industries are divided into state-owned enterprises and non-state-owned enterprises according to their corporate attributes. Compared with state-owned enterprises, the financialization of non-state-owned enterprises has a greater squeeze out of technological innovation; and arbitrage motivation has a more significant regulatory effect on the impact of enterprise financialization on technological innovation.

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Ma, Ana Rushiti. « ARBITRAGE, AN EFFICIENT ALTERNATIVE FOR RESOLVING TRADE DISPUTES IN ALBANIA, COMPARATIVE OVERVIEW WITH AUSTRIA, ARMENIA, ARGENTINA AND BULGARIA. » IJRDO - Journal of Social Science and Humanities Research 7, n^o 5 (23 mai 2022) : 277–84. http://dx.doi.org/10.53555/sshr.v7i5.5099.

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Arbitration is a new form of dispute resolution in the commercial field in Albania. Economic development has led many international companies to invest in Albania. This topic will focus on the concept of arbitration as the public interest in recognizing this new form of dispute resolution is broad, but what never changes is the argument as to why we turned to arbitration. The parties set the arbitral tribunal in motion and as such have the burden of proof to prove that their claims are based on facts and evidence. Of particular importance in this paper will be the advantages and disadvantages of arbitration as a way of resolving disputes. Another special aspect where we need to dwell will be the contribution of national courts in resolving arbitration disputes. This paper will deal extensively with the place it occupies in Albanian legislation. An important place of this paper will be the analysis of practical cases as a way of combining theory and practice. It would be of particular interest to make comparisons between Albanian legislation and Austria, Argentina, Armenia and Bulgaria. The reason for this comparison is to bring about a radical change in the resolution of trade disputes through arbitration. An important place of this paper will be the analysis of practical cases as a way of intertwining theory and practice. It would be of particular interest to make comparisons between Albanian legislation and Austria, Argentina, Armenia and Bulgaria. The reason for this comparison is to bring about a radical change in the resolution of trade disputes through arbitration. An important place of this paper will be the analysis of practical cases as a way of intertwining theory and practice. It would be of particular interest to make comparisons between Albanian legislation and Austria, Argentina, Armenia and Bulgaria. The reason for this comparison is to bring about a radical change in the resolution of trade disputes through arbitration. Albania needs the recognition of arbitration as an opportunity to resolve the dispute as every action affects the image of the company but also of our country. Models from different countries will help us bring a new but above all efficient approach

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Llarena, Zharama. « Organized Corporate Crimes using UNCITRAL Arbitration Framework Development for EPC Disclosure concerning Epistemic Corruption and Pharmaceutical Fraud of Off-label Medicines as Health Regulation and Policy ». International Journal of Communication and Public Relation 8, n^o 1 (27 février 2023) : 40–55. http://dx.doi.org/10.47604/ijcpr.1787.

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Purpose: Corporate Governance is a conceptual framework of business designs intended to illustrate the various activities of a company towards fulfilling its profit goals as private stakeholder and contributing to public interests for social obligation of sustainable development. Disclosure of corporate social responsibility is the central mechanism of corporate governance. Methodology: Based on stakeholder theory, corporate governance strongly influences corporate social responsibility disclosure to enhance the relationship of stakeholders and its business community. Findings: Tax aggressiveness is utilized by board director and its members to lessen tax contribution which is contrary to the government sector goals of maximizing tax impositions for public welfare and safety. Unlawful behavior on tax aggressiveness is known as tax evasion while tax avoidance is not a violation and serves as a loophole to the taxation system, although corporate fraud is apparent in off-label medicines. UNCITRAL model law is a legal arbitration concept of making “commercial” expand to other comparable jurisdiction of international trade. The European Patent Commission is the legal authority that delineates medical policies from patented products. Unique Contribution to Theory, Practice and Policy: This paper aims to develop arbitration framework based on stakeholder theory of corporate governance to separate tax evasion from tax avoidance as organized crime sourcing treatment of policies and engineer tax planning to divide intellectual property of product design with corporate fraud concerning off-label medicines. Therefore, tax evasion and corporate fraud are business crimes in pharmaceutical industries needed to be clearly managed by institutional healthcare companies for promoting economic success.

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Yue, Liu, et Liu Tianming. « Short- and Long-Horizon Behavioral Anomalies and Institutional Investors’ Nudge Behavior : Based on the Data of Listed Chinese Tobacco Companies ». Tobacco Regulatory Science 7, n^o 5 (30 septembre 2021) : 1904–22. http://dx.doi.org/10.18001/trs.7.5.112.

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We use the data of listed tobacco companies in China to study the existence of short- and long-horizon behavioral anomalies and the impact of institutional investors’ behavior on them. We found that the existing asset pricing models cannot explain the short- and long-horizon behavioral anomalies based on tobacco enterprise data. Conversely, the short- and long-horizon behavioral anomalies can explain the exciting asset pricing factors. Compared with existing asset pricing models, behavioral anomalies have a stronger ability to explain anomalies. Behavioral anomalies could pass the cross-sectionally test and strengthened over time. The above results indicate that behavioral anomalies exist in China tobacco enterprisest significantly and are time-varying. We found that the limits to arbitrage and cognitive bias lead to the existence of behavioral anomalies through mechanism tests. Institutional investors did not play the role of price discovery. Instead, their nudge behavior strengthens the short- and long-horizon behavioral anomalies. Therefore, tobacco regulatory agencies should guide listed tobacco companies to broaden information channels to reduce information asymmetry in the market through relevant policies, strengthen the supervision of institutional investors’ bubble riding behavior, and promote the healthy development of the tobacco market.

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Jain, Neeta, et C. Padmavathi. « Underpricing of Initial Public Offerings in Indian Capital Market ». Vikalpa : The Journal for Decision Makers 37, n^o 1 (janvier 2012) : 83–96. http://dx.doi.org/10.1177/0256090920120107.

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This paper is an attempt to empirically explore the determinants of underpricing of Initial Public Offerings (IPOs) in the Indian Capital Market. IPOs are one of the largest sources of capital for the firms to invest in the growth opportunities. It encourages investment activities in the economy by mobilizing funds from low growth opportunities to high growth opportunities. It has been observed that IPOs are underpriced in most of the countries (Loughran, Ritter and Rydqvist 1994). Underpricing is the pricing of the issue at lesser price than the true value of the issue. The degree of underpricing varies from country to country and issue to issue in the same country. The underpriced IPO leaves money on the table which is a cost (loss of capital) for the company and the same becomes a gain for the investors in the form of positive initial returns on the underpriced shares. Though underpricing is a cost for the issuing company, the issuing company underprices the issue. There are many theoretical explanations for underpricing of IPOs. This is an empirical study which aims to find out the factors which are causing underpricing in India. The underpricing of IPOs is a serious problem for any economy. On the one hand, high underpricing tendency in the primary market discourages IPOs issued by those companies which cannot afford or do not want underpricing (leaving money on the table). On the other hand, it creates arbitrage activities in the secondary market and in the grey market. The underpricing of IPOs thus hampers the growth opportunities and creates instability in the secondary market. In India, introduction of book building mechanism of IPOs in 1998 aimed to reduce underpricing because in the book building mechanism, offer price of the issue is determined on the basis of market feedback. The present study on 227 book-built IPOs for the period of 2004 to 2009 found that the average underpricing during this period was 28 per cent while the maximum underpricing was around 242 per cent. Thus underpricing of IPOs is still an issue of concern.

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Claxton, James M. « Litigating, Arbitrating and Mediating Japan–Korea Trade and Investment Tensions ». Journal of World Trade 54, Issue 4 (1 août 2020) : 591–614. http://dx.doi.org/10.54648/trad2020026.

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In July 2019, Japan introduced measures tightening export restrictions to South Korea on three chemicals critical to the manufacture of consumer electronics. The restrictions prompted an animated response by the Korean government that has included WTO consultations and threats to terminate an intelligence-sharing agreement with Japan. Meanwhile, the controversy has filtered down to the public with boycotts of Japanese products in Korea. Tension between the states has been unusually high since late 2018 when the Korean Supreme Court affirmed a judgment against Japanese companies accused of forcing Korean nationals to labour for them during Japan’s colonial rule. Japan argues that such claims are precluded by a 1965 treaty normalizing post-war relations. While Japan states that its trade restrictions were not motivated by the judgment, the disputes have together contributed to the worst breakdown in cross-border relations in five decades. This article evaluates Korea’s trade claims against Japan, means of resolving them, and the challenges that the claims face in the WTO dispute settlement system. The article also considers claims from the Japanese side through the International Court of Justice (ICJ), inter-state arbitration, and investor-state dispute settlement. We conclude that formal mediation offers an effective means to facilitate negotiations and centralize the WTO and other treaty disputes in a single forum involving multiple stakeholders. WTO, Japan, Korea, ISDS, mediation, arbitration, export, international trade law, investment treaties

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Rawat, Charan. « Arbitrate and Violate - A Critique of the Foundation Laid by the Delhi High Court in the Case of NTT DoCoMo Inc. vs. Tata Sons Limited ». ATHENS JOURNAL OF LAW 7, n^o 3 (1 juillet 2021) : 413–36. http://dx.doi.org/10.30958/ajl.7-3-8.

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The decision of the Delhi High Court in the matter of NTT DoCoMo Inc vs Tata Sons Limited and the settlement thereof in the year 2017 has attracted significant attention from all stakeholders. The case involves an analysis of the foreign direct investment policy and the regime regarding foreign investments in India and exits of foreign investors from companies in India. The dispute involves an interplay of interpretation of contracts and the role of the Reserve Bank of India. While the Foreign Exchange Management Act, 1999 does not permit “assured returns” to a foreign investor at the time of its exit, it appears that the arbitral tribunal, and the DHC took a favoured view when it came to NTT DoCoMo Inc. The decision of the DHC, upholding the foreign arbitral award for a contract that was in obvious violation of FEMA was quite startling. Unfortunately, this rationale was also used by the Supreme Court in the case of Vijay Karia & Others vs Prysiman Cavi E Sistemi SLR & Others, which further compounds this issue. The Apex Court accepted the view of DHC in the NTT Docomo case, and held that a violation of the provisions of the FEMA does not result in a “breach of public policy of India”. This paper aims to analyse and critiq the decisions taken by the arbitral tribunal, DHC and the Supreme Court in the case of NTT DoCoMo Inc vs Tata Sons Limite and Vijay Karia & Others vs Prysiman Cavi E Sistemi SLR & Others. Besides legality, these two cases also raise serious concerns regarding the quality of corporate governance of companies and the professional ethics of legal advisory services, which has been discussed further in this paper. In the author’s view, RBI, as a custodian of the foreign currency reserves and implementer of FEMA, is best placed to interpret the regulations and operational guidelines issued under FEMA. The decision in these two cases, where the parties have used the international arbitration clause to bye-pass the laws of India, has now provided a template for parties to enter into contracts with a deliberate intention to bypass the provisions of the law, and indulge in unethical practices. The paper tries to elucidate how these cases have set an incorrect precedent as regards assured returns in India. Keywords: “assured returns”, “international arbitration”, “Tata - NTT Docomo Dispute”, “pricing guidelines”

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Widmann, Markus, Florian Follert et Matthias Wolz. « On the Political Decision of Audit Market Regulation : Empirical Evidence of Audit Firm Tenure and Maximum Durations within the European Union ». Economies 9, n^o 2 (20 mai 2021) : 79. http://dx.doi.org/10.3390/economies9020079.

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After almost every economic crisis and corporate scandal, political actors announce the need for stricter regulatory measures for financial markets and companies, in an attempt to appease their voters and defend their political agenda. Regarding the latest international financial crisis, the EU responded, among other things, with comprehensive regulation of the European audit market. In the context of auditor rotation, after 17 June 2016, the duration of audit engagements should not exceed a maximum of 10 years. In this paper, we therefore investigate whether there is empirical evidence behind the 10-year threshold—or is it simply arbitrary? Our aim is to evaluate the audit market reform by the European Union (EU) (Regulation (EU) No 537/2014 and Directive, 2014/56/EU) related to the objective of improving the quality of audits. Therefore, our article addresses the most crucial element of this reform, the implementation of a mandatory audit firm rotation for public interest entities (Regulation (EU) No 537/2014, Article 17). Based on a unique dataset of 11,834 firm observations from all listed companies within the EU between 2008 and 2017, we provide for the first time a discussion basis for the assessment of audit market interventions by the EU. Hence, we compare the new maximum durations with average audit tenure in the particular member states. Even where we present only descriptive results, our results at least indicate that the “magic number” 10 (years) could be more the result of a political process—i.e., a consent between the European institutions—rather than evidence based. Therefore, our findings shall serve as a first starting point in the discussion of a vast and interdisciplinary research field.

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Adam, Murat. « Taxation of Digital Companies : Experience of Russia and Other CountriesLegal Regulation of Non-Judicial Methods of Consideration and Resolution of Tax Disputes : Tax Ombudsman, Tax Arbitration and Mediation in Tax Disputes ». Financial Law Review, n^o 22 (2) (2021) : 129–47. http://dx.doi.org/10.4467/22996834flr.21.016.14106.

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Probably, as in any state, in the sphere of legal regulation of relations between business and the state, the public interests of the state are always above the private interests of business. Any democratic and legal state, including Kazakhstan, is based on the principles of equality of all before the law and the court, as well as the rule of law. The tax legislation of Kazakhstan does not provide for a legal mechanism for the consideration of tax disputes arising between a taxpayer and an authorized state body by any non-judicial organizations. All tax disputes are subject to consideration on complaints of the taxpayer to the higher authorized tax authority and only after receiving the decision of the higher state body, this dispute can be referred to the court. This paper deals with problematic issues of tax law related to the attribution of all tax disputes to consideration exclusively by the higher authorized tax authority and later by the court, which always guard the interests of the state, which in practice causes distrust of businessmen and investors to the state. In this regard, this paper examines out-of-court methods of resolving tax disputes, international experience in resolving tax disputes by out-of-court organizations.

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Chen, Chin-Ling, Zi-Yi Lim, Hsien-Chou Liao et Yong-Yuan Deng. « A Traceable and Authenticated IoTs Trigger Event of Private Security Record Based on Blockchain ». Applied Sciences 11, n^o 6 (22 mars 2021) : 2843. http://dx.doi.org/10.3390/app11062843.

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Recently, private security services have become increasingly needed by the public. The proposed scheme involves blockchain technology with a smart contract. When a private security company signs a contract with a client, they install an Internet of Things (IoTs) device in the client’s house and connect it with the IoT main controller; then, the IoT main controller connects to the security control center (SCC). Once there is an event triggered (e.g., a break-in or fire incident) by the IoTs device, the controller sends a message to the SCC. The SCC allocates a security guard (SG) to the incident scene immediately. After the task is accomplished, the SG sends a message to the SCC. All of these record the messages and events chained in the blockchain center. The proposed scheme makes security event records have the following characteristics: authenticated, traceable, and integral. The proposed scheme is proved by a security analysis with mutual authentication, traceability, integrity, and non-repudiation. The known attacks (e.g., man-in-the-middle attack, replay attack, forgery attack) are avoided by message encryption and a signing mechanism. Threat models in the communication phase can also be avoided. Finally, computation cost, communication performance, and comparison with related works are also discussed to prove its applicability. We also provide an arbitration mechanism, so that the proposed scheme can reduce disputes between private security companies and the client.

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Mazhorina, M. V. « ESG Principles in International Business and Sustainable Contracts ». Actual Problems of Russian Law 16, n^o 12 (2 janvier 2022) : 185–98. http://dx.doi.org/10.17803/1994-1471.2021.133.12.185-198.

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The concept of sustainable development has captured the world. It is altering society, generating new social patterns, reorganizing business and management models, testifying to the ultimate connectedness of the world and, as a result, encourages rethinking the legal superstructure, adapting supernova normative arrays to the current legal taxonomy, which is not always possible with taking into account the positivist approach to law. ESG principles have today become a kind of model for sustainable business development, due to which the goals of companies’ involvement in solving environmental, social and management problems are achieved. They have not only a vector effect, but also a regulatory, reputational; they have also an increasing impact on international business in a variety of industries. In addition, they are updating relatively new rating mechanisms that form the basis of investment, financial, credit, trade, corporate, management and other policies of companies. At the same time, ESG principles are segmented, fragmented and, as a rule, objectified externally in the form of norms of nonstate, often industry regulation. Without legally binding force, ESG principles are quite comparable with law in terms of the degree of impact on public relations and in terms of the resulting legal and economic consequences. Cross-border contracting practices are also changing, leading to the incorporation of “sustainability” clauses into contracts, as well as the emergence of the concept of a sustainable contract. The pre-contractual stage becomes more complicated, it requires human due diligence procedures, the formation and assessment of supply chains, the development of strategies for the disclosure of non-financial information, the study of legal risks taking into account the global law enforcement practice, as well as the establishment of methods and a jurisdictional forum for the resolution of disputes. International Commercial Arbitration claims to be attractive in resolving ESG disputes. These and other issues, taking into account their relevance, are studied in this paper.

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Huang, Chiung-Yao, Yu-Cheng Lin et Chiung-Hui Chen. « Could the impaired intention of ethical investment be recovered ? » Journal of Management & ; Organization 22, n^o 5 (14 janvier 2016) : 736–50. http://dx.doi.org/10.1017/jmo.2015.61.

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AbstractThe environmental pollution caused by Advanced Semiconductor Engineering in October 2013 in Taiwan highlighted the fact that foreign investors tend to support the classical economic ideas of arbitrage and shareholder wealth maximization, which is in conflict with the fact that institutional investors in the current global capital market lean towards the stakeholder theory in ethical investments. Will local investors’ decision-making also be influenced by differences in the perceived ethics of negative environmental corporate social responsibility (ECSR)? Compared to the remedial measures implemented by British Petroleum for the 2010 Deepwater Horizon oil spill, Advanced Semiconductor Engineering, another international corporation, decided to not respond to any news regarding the toxic wastewater incident. In contrast, Advanced Semiconductor Engineering only made clearer promises after extreme public pressure. This study investigated whether remedial measures for negative ECSR are an important factor influencing investors’ decisions. The purpose is to clarify the interactions among perceived moral intensity of negative ECSR, the implementation of remedial measures, and the intention of ethical investment. An experimental design was employed to test the hypotheses. The results indicated that perceived moral intensity has a significant negative impact on the intention of ethical investment. The implementation of remedial measures for negative ECSR affects investors’ intent to invest. Finally, positive ECSR remedial measures also serve as a key moderating variable in the relationship between perceived moral intensity and the intention of ethical investment. This study clarified whether the provision of remedial mechanisms can effectively recover or maintain investor investment intent when companies experience negative ECSR.

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Costa, Giovanni. « Multidimensional aspects related to shiftworkers' health and well-being ». Revista de Saúde Pública 38, suppl (décembre 2004) : 86–91. http://dx.doi.org/10.1590/s0034-89102004000700013.

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The impact of shift and night work on health shows a high inter- and intra-individual variability, both in terms of kind of troubles and temporal occurrence, related to various intervening factors dealing with individual characteristics, lifestyles, work demands, company organisation, family relations and social conditions. The way we define "health" and "well-being" can significantly influence appraisals, outcomes and interventions. As the goal is the optimisation of shiftworkers' health, it is necessary to go beyond the health protection and to act for health promotion. In this perspective, not only people related to medical sciences, but many other actors (ergonomists, psychologists, sociologists, educators, legislators), as well as shiftworkers themselves. Many models have been proposed aimed at describing the intervening variables mediating and/or moderating the effects; they try to define the interactions and the pathways connecting risk factors and outcomes through several human dimensions, which refer to physiology, psychology, pathology, sociology, ergonomics, economics, politics, and ethics. So, different criteria can be used to evaluate shiftworkers' health and well-being, starting from biological rhythms and ending in severe health disorders, passing through psychological strain, job dissatisfaction, family perturbation and social dis-adaptation, both in the short- and long-term. Consequently, it appears rather arbitrary to focus the problem of shiftworkers' health and tolerance only on specific aspects (e.g. individual characteristics), but a systemic approach appears more appropriate, able to match as many variables as possible, and aimed at defining which factors are the most relevant for those specific work and social conditions. This can support a more effective and profitable (for individuals, companies, and society) adoption of preventive and compensative measures, that must refer more to "countervalues" rather than to "counterweights".

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Pisani, Elizabeth, Adina-Loredana Nistor, Amalia Hasnida, Koray Parmaksiz, Jingying Xu et Maarten Oliver Kok. « Identifying market risk for substandard and falsified medicines : an analytic framework based on qualitative research in China, Indonesia, Turkey and Romania ». Wellcome Open Research 4 (16 avril 2019) : 70. http://dx.doi.org/10.12688/wellcomeopenres.15236.1.

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Introduction: Substandard and falsified medicines undermine health systems. We sought to unravel the political and economic factors which drive the production of these products, and to explain how they reach patients. Methods: We conducted in-depth case studies in China, Indonesia, Turkey and Romania. We reviewed academic papers and press reports (n = 840), developing semi-structured questionnaires. We interviewed regulators, policy-makers, pharmaceutical manufacturers, physicians, pharmacists, patients and academics (n=88). We coded data using NVivo software, and developed an analytic framework to assess national risks for substandard and falsified medicines. We tested the framework against cases reported to the World Health Organization, from countries at all income levels. Results: We found that increasing political commitment to provision of universal health coverage has led to public procurement policies aimed at lowering prices of medical products. In response, legitimate, profit-driven pharmaceutical companies protect their margins by cutting costs, or withdrawing from less profitable markets, while distributors engage in arbitrage. Meanwhile, health providers sometimes protect profits by 'upselling' patients to medicines not covered by insurers. Cost-cutting can undermine quality assurance, leading to substandard or degraded medicines. Other responses contribute to shortages, irrational demand and high prices. All of these provide market opportunities for producers of falsified products; they also push consumers outside of the regular supply chain, providing falsifiers with easy access to customers. The analytic framework capturing these interactions explained cases in most high and middle-income settings; additional factors operate in the poorest countries. Conclusions: Most efforts to secure medicine quality currently focus on product regulation. However, our research suggests market mechanisms are key drivers for poor quality medicines, including where political commitments to universal health coverage are under-resourced. We have developed a framework to guide country-specific, system-wide analysis. This can flag risks and pinpoint specific actions to protect medicine quality, and thus health.

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Asawo, Soye Peniel, et Benibo Meeting George. « Leaders’ intimidation impression management and subordinates’ affective job commitment in Nigeria ». International Journal of Organization Theory & ; Behavior 21, n^o 1 (12 mars 2018) : 2–16. http://dx.doi.org/10.1108/ijotb-03-2018-002.

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Purpose The quality of the relationship between leaders and their followers appears to be one of the critical determinants of employees’ commitment at work. For instance, it has been empirically established that the impressions that managers convey of themselves to their subordinates, is a critical factor in the leader-follower relationship. The purpose of this paper is to examine the relationship between leaders’ intimidation impression management (IM) and subordinates’ affective job commitment in the telecommunications industry in Nigeria. Design/methodology/approach The design adopted for this study is the cross-sectional survey design. The questionnaire was utilized to generate data from a sample of 306 employees from the six major telecommunication companies in Nigeria. The Spearman Rank Correlation Coefficient was used as the inferential test statistic for assessing the relationship between leaders’ intimidation IM and subordinates’ affective job commitment. Findings The results showed that leaders’ threat, warning, fear-arousal, and discomfort-arousal all had significant but weak association with subordinates’ affective job commitment. The study thus found that as leaders apply intimidation IM strategies, workers’ sense of emotive attachment to their organization only improves minimally. Research limitations/implications Data were generated from employees, indicating that the outcome is based on their perception which may be skewed. Practical implications The outcome of the study will help managers in the Nigerian telecommunication industry to avoid the pitfalls that are associated with the arbitrary and excessive use of intimidation as an IM tactic. Rather, they would be guided to encourage good quality leader-member-exchange between them and their subordinates in enhancing individual and organizational performance. Originality/value This is the first main work to examine and identify the nature of the predictive effect of leaders’ intimidation IM on subordinates’ affective job commitment in the telecommunications industry in Nigeria.

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Kosilova, O. « RESTRICTIONS OF THE POLITICAL RIGHTS AND FREEDOMS : REGULATORY GROUNDS, MECHANISM OF IMPLEMENTATION ». Bulletin of Taras Shevchenko National University of Kyiv. Legal Studies, n^o 114 (2020) : 18–24. http://dx.doi.org/10.17721/1728-2195/2020/3.114-5.

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The article examines the problem of restriction of political rights and freedoms. It is emphasized that the protection against unlawful restrictions on political rights and freedoms is particularly important for the functioning of direct and mediatory democracy. The meaning of the concept of «restriction of rights and freedoms» is analyzed. The article addresses the basic principles which should not be violated when the restriction of rights and freedoms is applied. To achieve this goal, the author analyzes the rules of domestic law, the practice of the Constitutional Court of Ukraine, the rules of international law governing these issues. The author differentiates political rights and freedoms into those that may be restricted in accordance with the provisions of the Basic Law of Ukraine and those that are not subject to any restrictions; features of realization of political rights and freedoms in comparison with other groups of rights, such as social and economic, cultural are defined. Some of the political rights and freedoms that may be restricted are analyzed and ways to restrict them are identified, in particular: the right to join political parties, suffrage, the right to peaceful assembly, rallies, marches and demonstrations, the right to equal access to public service, freedom words, thoughts, views and beliefs. It is noted that from the standpoint of the ECHR it is important to check whether the possibility of restricting the exercise of the right was provided by law; whether the purpose of such a restriction is legitimate; whether such a restriction is necessary in a democratic society. The legitimate grounds for restricting human rights enshrined in the Constitution of Ukraine have been identified: public health; social necessity; rights, freedoms and dignity of citizens; public order; economic well-being; national security; territorial integrity; morality of the population. It is emphasized that in accordance with the practice of the Constitutional Court of Ukraine, the restriction of the content and scope of rights and freedoms should be considered as a restriction. It is important that all restrictions were established exclusively by the constitution; were not arbitrary and unjust; the law restricting human rights must be of a general nature; restrictions must be proportionate and justified; they must optimally achieve a legitimate goal with minimal interference in the exercise of rights or freedoms, not to violate the essential content of the relevant right. It is determined that special qualification requirements for holding public positions, as well as participation in the electoral process (implementation of active and passive suffrage) cannot be considered restrictions. It is emphasized that the state, represented by its organs, should refrain from unjustified interference with political rights (for example, from discriminatory restrictions on the suspension of political rights of prisoners, violation of electoral secrecy of the ballot); take measures against possible violations of political rights by third parties (individuals, companies, etc.). It is concluded that restrictions on the exercise of political rights of individuals can be introduced either in favor of guaranteeing the rights of other individuals, or in favor of ensuring the functioning of the state. The legitimate exercise of political rights can be restricted only if the general conditions for interfering with fundamental human rights are met.

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Porosenkov, G. A. « Typical corrupt practices in the criminal prosecution of businessmen ». Law Enforcement Review 6, n^o 3 (19 septembre 2022) : 224–39. http://dx.doi.org/10.52468/2542-1514.2022.6(3).224-239.

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The subject. The study is devoted to the study of corruption aspect of criminal prosecution of entrepreneurs in Russia.The aim of this paper is to identify typical corrupt practices in the criminal prosecution of entrepreneurs, to investigate their causes, as well as to formulate recommendations for minimizing the identified practices of abuse.The methodology. The author analyzes the cases of criminal prosecution of entrepreneurs who have filed appeals to the Center for Public Procedures "Business Against Corruption", the Center "Protection of Business". These public platforms act as filters of appeals for unwarranted criminal prosecution. In case of confirmation of the facts of illegal use of criminal law instruments in relation to an entrepreneur, the appeal with the attached expertise is sent to the Commissioner for the Protection of Entrepreneurs' Rights.The main results, scope of application. To corrupt practices in the field of criminal prosecution of entrepreneurs the author included the following: unreasonable use of preventive measures in the form of detention in contravention of the direct prohibition of pt. 1.1 of the art. 108 of the Code of Criminal Procedure of the Russian Federation; ignoring the fact of committing a crime in the field of business and as a consequence qualification of the crime not by special business, but by common crimes; "superficial" preliminary investigation, resulting in criminal proceedings without due cause; ignoring the prejudicial facts established by arbitration courts in criminal proceedings; unreasonable imputing the commission of an intentional act.The reasons for the corrupt practices highlighted and investigated by the author are such factors as the wording of the law and its interpretation, limitations and imprecision of the law, allowing discretion on the part of law enforcers; the established KPIs of law enforcement agencies that encourage "the pursuit of performance" and accusatory bias; declarative ethical standards adopted by public authorities and companies, i.e. the lack of effectively implemented instruments of integrity management; low level of public control over criminal proceedings.In order to minimize the above practices, it is necessary to further improve regulations, to stimulate ethical regulation in organizations; to modernize the metrics for evaluating the effectiveness of law enforcement agencies, focusing on non-departmental parameters; to significantly increase the role of the institution of business ombudsman as an additional guarantor of legal rights and interests of entrepreneurs, and to actively introduce digitalization tools, in particular, digital records of criminal cases.It is important to emphasize again that the author does not claim to cover all possible corrupt practices in the prosecution of entrepreneurs and their causes. For example, there is a vicious practice of reclassifying a witness in a criminal case after testifying as a suspect and subsequently as a defendant. Further research could look in more detail at each of these corrupt practices, identify and analyze additional practices, as well as explore opportunities for their mitigation. From the point of view of the applied implementation of the results of the study, it seems that they can be useful, on the one hand, to decision makers when improving criminal policy towards entrepreneurs, but also to entrepreneurs themselves to understand the potential criminal law risks that they may face and must minimize.

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González-Campo, Carlos Hernán. « Editorial ». Cuadernos de Administración 35, n^o 63 (27 mars 2019) : 1–2. http://dx.doi.org/10.25100/cdea.v35i63.7703.

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This issue becomes a new opportunity for the national and international scientific community to judge the outcome of each of these proposals. In 2019, we will be celebrating 43 years of publishing and hope that you will continue to accompany us as readers and collaborators of our scientific journal “Cuadernos de Administración”. The content of each of these eight articles is the sole responsibility of their authors.In this issue, the first article is entitled “Critical Success Factors in Implementing IT in MSMEs”, presents the results of a quantitative study that sought to determine the critical success factors that influence the level of implementation of information technologies within micro and small businesses in the region of northeastern Mexico. “Knowledge management from the organizational culture in call centers in Manizales”, is the title of the second article, which shows the results of a descriptive and correlational qualitative research on knowledge management in BPO companies in the city of Manizales, Colombia. The third article “Cultural hybridization in three Colombian indigenous productive organizations” is a qualitative research in three IPOs of the Nasa ethnic group in Colombia; in the end, it presents the results and conclusions of the research process and also some limits of thereto. “Mud, value and welfare. An economic estimation of the impact in the Anchicayá river basin”, is the fourth article in this issue of the journal Cuadernos de Administración; its authors present their economic assessment of the environmental impact in projects implemented in territories of the Colombian Pacific Coast.The fifth article is called “Effect of trading on the profitability and solvency of Colombian banks”, which discusses the business models adopted by Colombian banking. With the analysis of data panel, they study the effect of diversification of Colombian commercial banks’ revenues on profitability and financial solvency, between 2005 and 2014. “Real Returns of Private Pension Funds in Colombia” is the title of the sixth article, related to the performance of the private pension system in Colombia, Individual Benefit Plans Covered by Pooled Contributions, where the returns generated by daily transactions of pension funds from 1995 to December 2016 are analyzed from a database. The authors use the methodology established by the Financial Superintendence of Colombia (SFC) to calculate returns, determining the net profitability of explicit administration costs that the affiliate must bear and adjustment for inflation. The following article is the result of a literature review related to family businesses and socio-emotional wealth, entitled “Diversification of the family business in emerging countries from the perspective of socio-emotional wealth”. The authors identify the relevant aspects studied in relation to the diversification of the family business. The reflection is aimed at establishing the influence that family objectives exert on business decision-making.“The instruments of public policy. A transdisciplinary look”, is the title of the last article in this issue. The authors present the systematization of public policy instruments, disciplines such as public law, public sector economics and political science, especially public policy.The publication of the number 63 of Cuadernos de Administración by the Faculty of Administration Sciences of the Universidad del Valle, allows us to continue consolidating ourselves as a means of disseminating scientific knowledge in our field. Since the first issue in 1976, we have tried to publish, on a continuous basis, different types of scientific research articles, of review or reflection, by national and international authors who have relied on us to spread their knowledge. To each and every one of them, to our authors, to our arbitrators, to the members of the Editorial and Scientific Committees, but especially to you, our readers, we want to thank you for allowing us to continue generating through digitization a greater impact on the sciences of administration.

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Mohite, Namosha, Vienica Funtanilla, Jagannath Muzumdar et Taehwan Park. « Content Analysis of 2012-2019 FDA Warning Letters and Notices of Violations using the Economic, Clinical, and Humanistic Outcomes (ECHO) Model ». INNOVATIONS in pharmacy 12, n^o 1 (13 janvier 2021) : 4. http://dx.doi.org/10.24926/iip.v12i1.3420.

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Objective: The study purpose was to critically review FDA-issued warning letters (WLs) and notice of violation (NOV) letters against drug companies’ from 2012-2019 for economic, clinical, and humanistic (ECHO) claims made in pharmaceutical promotional materials. Specific objectives were to assess the, (1) number of WLs and NOV issued; (2) frequency of WLs and NOV by therapeutic areas; (3) type of communication media cited in WLs or NOV; (4) intended audience for the claims in promotional materials for which the WLs and NOV were issued; and (5) number of WLs and NOV for ECHO claims. Methods: The quantitative content analysis approach was employed to review WLs and NOVs, obtained from the FDA website, from January 2012-December 2019. A data abstraction form was created based on the published literature on this topic and assessment of the content of WLs and NOVs for 2010. This form was pilot tested on letters issued in 2011. The researchers discussed any unclear question or information presented in the letters. The letters were reviewed three researchers. If there was disagreement between the reviewers, either a fourth reviewer arbitrated on the disagreement or the letter(s) were discussed by the researchers to determine a final classification. ICD-10 codes were used for therapeutic categories in the data collected form. Descriptive statistics, Kappa statistics for interrater reliability, and Cochrane-Armitage test were performed using IBM SPSS Statistics version 24.0 Results: A total of 102 letters were analyzed. Of these, 19 (19%) were WLs and 83 (81%) were NOVs. Majority of these letters were issued to manufacturers of therapeutic agents for diseases of the nervous system (n=15; 14.7%) and neoplasms (n=15; 14.7%). The most commonly cited media for violation was online website (n=29; 27.1%). Out of the 153 violations in 102 letters, 92 (60.1%) were clinical; 13 (8.5%) humanistic; 2 (1.3%) were economic; and 46 (30%) were categorized as ‘Others’. Conclusion: The study found misleading claims of the clinical effectiveness and risk information included in the promotional materials targeted to consumers as well as healthcare providers. Promoting reliable, evidence-based information is important for the health of the public as inadequate information could lead to irrational decision making both on consumer as well as on prescriber side.

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Jagodic, Tone, et Zlatko Mateša. « Some aspects of legal regulation of sports marketing ». Zbornik radova Pravnog fakulteta u Splitu 58, n^o 1 (9 février 2021) : 1–14. http://dx.doi.org/10.31141/zrpfs.2021.58.139.1.

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There are different marketing activities generating money for sport subjects depending on their properties which are offered for commercial exploitation. Marketing consists of different tools and ways how to generate money for sport such as selling of broadcasting (TV) and media rights, sponsorship, merchandising, licensing, ticketing, charities, donations, patronages. From the legal point of view, it is interesting to explore how different marketing tools are regulated. Certain parts of marketing matters are covered by legal rules. In 2011 Commission on Marketing and Advertising of the International Chamber of Commerce (ICC) issued the latest version of the ICC International Advertising and Marketing Communication Code. The document applies to different forms of sponsorship relating to corporate image, brands, products, activities or events of any kind. It includes sponsorship by both commercial and non-commercial organizations. The basic connection represents association between sports property and sponsor brand as a tool how to transfer image of the sport to the sponsor. The nature of the Code implies good governance in the field of sponsorship. Special attention deserves the principle of respecting the sponsorship property. The Code represents a useful opportunity for companies, business, associations, courts of law, public authorities, self regulatory bodies on national and international level and other institutions which are supposed to solve disputes in sponsorship cases. European Union law together with national legislation of EU members have set up rules for advertising sector of TV broadcast. Television without Frontiers Broadcasting Directive consists with the detailed time and other limitations for different situations. As EU directive does not regulate visual coverage of sponsor logos and other insignia visible during sport competition on TV that means that sponsors and other subjects do not need to respect rules of the directive. In the absence of formal legislation on national and international level the ICC Code represent a very useful tool to handle sponsorship agreements and possible disputes which could arise from them. The Code is designed primarily as an instrument for self-discipline. On the other hand it is also intended for use as an interpretative aid for the parties in the clarification of uncertainties arising under the sponsorship, as well as a reference for courts or arbitrators in sponsorship disputes.

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Rautenbach, Christa. « Editorial ». Potchefstroom Electronic Law Journal/Potchefstroomse Elektroniese Regsblad 17, n^o 6 (14 novembre 2014) : 0. http://dx.doi.org/10.17159/1727-3781/2014/v17i6a618.

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EditorialThis voluminous issue consists of 13 articles and 8 notes dealing with various legal topics in South Africa and abroad. The articles commences with Ig Rautenbach’s discussion of the ever-elusive concept of proportionality in the light of the text of the South African Constitution. Mmaphuti Tuba analyses the different approaches adopted for the regulation of payment systems in a variety of legislative instruments by the European Union. Phoebe Boltondeals with the thorny issue of public tenders and the extent to which bidders must comply with tender specifications and conditions. Leentjie de Jong examines present-day family arbitration and the problems experienced with it. Daleen Millard and Birgit Kuschke evaluate the insurer’s pre-contractual duties in the light of the transparency principle in insurance law. Karin Calitz deals with the question if a church can be held liable for the sexual assault of children by a priest, when the victims claim as adults, many years after the events took place. The entitlement of a non-member spouse to the member’s pension forms the focus point of Clement Marumoagae’scontribution. Mitzi Wiese reflects on the correctness of the classification of liens into enrichment and contractual liens. Frans Viljoen and Nicholas Orago analyses the importance and implications of the individual communications procedure under the Optional Protocol to the International Covenant on Economic, Social and Cultural Rights (OP-ICESCR) and details some of the reasons why it would be beneficial for South Africa to accede thereto. The interplay between international law and labour law in South Africa in the context of diplomatic immunity is investigated byEzette Gericke. Cornelius Kilian and Elizabeth Snyman-Van Deventer consider section 75 in the Companies Act of 1973 (or its equivalent, section 36(2) in the Companies Act of 2008) and the topic of statutory approval for an artificial decrease or increase in the number of issued shares. Annelie Laas and Trynie Boezaart give a critical analysis of the legal measures available to curb bullying in schools. Further afield, Mtendeweka Mhango discusses the development and current status of the political question doctrine in Ghana.The first note by Roger Evans and Lienne Steyn deliberate on the seemingly contradictory outcomes of three high court judgments regarding the question of ownership of property which vests in the master of the high court by virtue of the Insolvency Act 24 of 1936. Philip Stevens also discusses recent judgments pronouncing on the entering of the particulars of child sex offenders into the register for sex offenders as enunciated in Chapter 6 of the Criminal Law (Sexual Offences and Related Matters) Amendment Act 32 of 2007. Sieg Eiselen illustrates how the Department of Trade and Industry’s proposed amendment to the definition of “electronic signature” would undermine the key principles of functional equivalence, media neutrality and party autonomy. Luanda Hawthorne deliberates on the element of exploitation in bargaining relationships between contractual parties, as highlighted in Uniting Reformed Church, De Doorns v President of the Republic of South Africa 2013 5 SA 205 (WCC). Anneliese Roos and Magda Slabbert discuss the case of Isparta v Richter 2013 6 SA 4529 (GP), which dealt with defamation in the social media on the Facebook platform. Rowena Bernard considers the case of Department of Correctional Services v Police and Prison Civil Rights Union (POPCRU) 2011 32 ILJ 2629 (LAC), where the employer's application of rules relating to the dress code of employees impacted on the religious beliefs and practices of five of the staff members. Nico Buitendag and Karin van Marle reflect on Afriforum v Malema 2011 6 SA 240 (EqC), which drew considerable attention in the media and in the public discourse. In the last contribution, James Linscott analyses F v Minister of Safety and Security 2012 1 SA 536 (CC), which dealt with the “standard” test for vicarious liability.EditorChrista Rautenbach

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Kuzmenko, O., T. Dotsenko et V. Koibichuk. « DEVELOPMENT OF DATABASES STRUCTURE OF INTERNAL ECONOMIC AGENTS FINANCIAL MONITORING ». Financial and credit activity : problems of theory and practice 3, n^o 38 (30 juin 2021) : 204–13. http://dx.doi.org/10.18371/fcaptp.v3i38.237448.

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Abstract. The article presents the results of developing the structure of databases of internal financial monitoring of economic agents in the form of a data scheme taking into account the entities, their attributes, key fields, and relationships, as well as the structure of units of regulatory information required for basic monitoring procedures based on internal and external sources. The block diagram of the financial monitoring databases, formed in the modern BPMN 2.0 notation using the Bizagi Studio software product on the basis of internal normative and reference documents, consists of tables containing information on: the client's financial monitoring questionnaire; list of risky clients according to the system of economic agent; the list of clients for which there are court rulings and financial transactions which may contain signs of risk; list of PEP clients of the economic agent; list of clients for which there is a share of state ownership (PSP); list of prohibited industries; reference books (type of financial transactions; features of financial transactions of mandatory financial monitoring; features of financial transactions of internal financial monitoring; identity document; type of subject of primary financial monitoring; type of notification; legal status of transaction participant; type of person who related to the financial transaction; the presence of permission to provide information; signs of financial transaction; regions of Ukraine); directory of risk criteria; clients with FATCA status. The scheme of the structure of databases of internal financial monitoring of economic agents using normative and reference information on the basis of external sources is presented by tables containing information on: legal entities, natural persons-entrepreneurs, public formations, public associations, notaries, lawyers of Ukraine; the list of persons related to terrorism and international sanctions, formed by the State Financial Monitoring Service of Ukraine; list of public figures and members of their families; sanctions lists (National Security and Defense Council of Ukraine; Ministry of Economic Development and Trade of Ukraine; OFAC SDN List — US sanctions list; worldwide sanctions lists; EU sanctions lists); lists of high-risk countries (aggressor state, countries with strategic shortcomings, countries with hostilities, list of the European Commission for countries with weak APC / FT regime, countries with high levels of corruption, self-proclaimed countries, countries with high risk of FT, offshore countries); The First All-Ukrainian Bureau of Credit Histories, which describes the credit history, credit risks of individuals and legal entities in Ukraine (PVBKI); International Bureau of Credit Histories, which describes the credit history of individuals and legal entities of clients of Ukrainian economic agents (MBKI); list of dual-use goods; list of persons with OSH; AntiFraud HUB — information about fraudsters; register of bankruptcies; register of debtors; register of court decisions; database of invalid documents; list of persons hiding from the authorities; register of EP payers; registers of encumbrances on movable and immovable property; data on securities; lustration register; register of arbitration trustees; corruption register; bases of Ukrainian organizations; information on foreign companies. Integrated use of the developed databases based on the proposed schemes will improve the procedures for financial monitoring by economic agents and solve several current problems. Keywords: economic agents, financial monitoring, structural scheme of the database, normative and reference information of internal securement, normative and reference information of external securement. JEL Classification E44, D53, G21, G28, G32 Formulas: 0; fig.: 2; tabl.: 0; bibl.: 12.

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Ganopolsky, M. G. « Anthropology of a city : organization, communication, information ». VESTNIK ARHEOLOGII, ANTROPOLOGII I ETNOGRAFII, n^o 4 (51) (27 novembre 2020) : 244–48. http://dx.doi.org/10.20874/2071-0437-2020-51-4-22.

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The article is concerned with the anthropology of a city. As an instrument of conceptualization, we used a three-dimensional scheme: organization — communication — information, which allows giving the urban interpre-tation for each of the coordinates, and then, using the two-dimensional projections (organization-information, or-ganization-communication, information-communication), to develop a concept of the three-dimensional image of city. It has been proposed to distinguish three types of organizational structures when considering the city as an organization: hierarchical, algorithmic, and relational. The necessity of curbing the growth of the city and solidat-ing it in the context of communication has produced a number of projections. One of them, "A compact city or city of short distances" has been considered. The concept of a compact city is based on the cost-effective public transport system, and it encourages pedestrian traffic and cycling. When considering the city as an organization, the main focus lies on its structure. From a topological point of view, it has been proposed to distinguish between three types of such structures: hierarchical, algorithmic, and relational. A hierarchical structure represents a tree of power hierarchy, but its content is not necessarily associated with consistent delegation of authority power (from top to bottom) or gradual accumulation of information (from the bottom up). Thus, a library catalogue, as well as other classification means, is arranged on the principle of hierarchy. An algorithmic structure is a scheme of production process which consists of a set of sequential operations. Its mathematical model appears as a net-work diagram. Typical examples of such structures include an algorithm of construction of a building, from founda-tion to roof, a conveyed assembly of complex technical devices, etc. In relation to a city, this structure can be filled with different content. Thus, carrying out of repair and maintenance in one of the city networks often requires not only formal coordination, but also a network schedule of joint work with other community services (water, electric-ity grid, heating, communication lines, etc.). A relational structure is a group of objects of arbitrary nature, usually of the same type, singled out from the total quantity of objects on the basis of any common feature. A complex of educational or medical institutions, trade companies, domestic services, etc. could be an example of such group within the organizational structure of a city.

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González-Campo, Carlos Hernán. « Editorial ». Cuadernos de Administración 35, n^o 65 (5 novembre 2019) : 1–2. http://dx.doi.org/10.25100/cdea.v35i65.8643.

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This edition of “Cuadernos de Administración” by the Faculty of Sciences of the Universidad del Valle, has reached volume 35, issue 65, corresponding to the period September-December 2019. Since the beginning of the journal, we have tried to publish different types of scientific research, review or reflection papers by national and international authors, who have relied on us to spread their knowledge. To each and every one of them, our authors, our referees, the members of the Editorial and Scientific Committees, but especially our readers, we would like to thank you for allowing us to continue to consolidate ourselves as a digital means that has an impact on the sciences of administration.Ten scientific papers have been published in this edition. The arbitration process makes it possible to guarantee the quality of contributions. We leave to your consideration the editorial process undertaken in this issue, hoping that its content will be a support or a starting point for new discussions and concerns for your reflections and research, or that, if applicable, will allow future revisions or translations into other languages.The first paper deals with the topic of corporate social responsibility, where the authors set off from the ranking of the 100 most attractive companies to work in Spain, published annually by the Revista Actualidad Económica (RAE), to analyze in the 2013-2018 period the Corporate Social Responsibility (CSR) score, contrasting it with a set of variables using statistics and econometrics quantitative techniques.“Barriers of entry and ‹glass roof› in University Management in Colombia”, is the title of the second paper, wherein the authors study the barriers that women face in joining and escalating in university managerial positions in Colombia. Using qualitative methods, they come to find that there are barriers blocking women’s entry and progress inside this, mediated by conditions of inequality and discrimination, among other findings. They conclude that the observed “glass roof” is caused by a series of internal variables, being determined, among other aspects, by a male dominated sector inside colombian higher education institutions. The third paper in this issue is entitled “Institutional Direction: The Entrepreneurial Intention of Aguascalientes Farmers”, which presents the results of a study with 94 producers from the State of Aguascalientes in Mexico, with measurements on the factors that affect the intentions of creating a company. Quantitative methods are used to contrast the hypotheses planned by researchers, achieving contributions that can explain the phenomenon of entrepreneurship in the region.“The potential market for sustainable housing under the contingent valuation method, city of Palmira”, is the title of the fourth paper hereof. It is the result of a research conducted in the city of Palmira, Valle del Cauca, Colombia, where the authors conduct a survey to identify and evaluate the significant variables that determine sustainable housing. Collected data is contrasted with the existing literature and the conclusions allow us to understand the elements that determine the decisions oriented with this type of housing alternative in the city.The fifth paper, “Shortcomings and benefits in the control of idle capacity in industries in Villavicencio”, presents the results of a research on SMEs in the city of Villavicencio, Meta, Colombia, to determine the shortcomings and benefits of idle capacity control under the International Information Standard Financial (IFRS). Using case study methodologies, they analyze the information and reveal shortcomings that allow to explain the process followed in this implementation, in this type of companies and in that city. “The 2016 tax reform in Colombia: a patchwork quilt”, is the title of the sixth paper, wherein the authors study this reform to determine the progress of its implementation in topics such as tax benefits limitation. They use econometric methods in their analysis and propose some recommendations for new tax reforms in the country. The seventh paper discusses International Financial Reporting Standards from a law perspective. It is the result of a research that analyzes a sample of concepts issued by the Technical Council of Public Accounts (CTCP per its acronym in Spanish) between the years 2013 to 2018, in order to establish the level of recognition of the interpretation methods or the use of the specific standard applicable.In the eighth paper, “Reflections towards responsible tourism in the framework of social responsibility”, the authors propose a reflection in the hotel sector from the perspectives of sustainability in Corporate Social Responsibility (CSR). It reflects on the practices of corporate social responsibility in the hotel sub-sector, within the framework of sustainable tourism. “The role of corporate communication in smart organizations” is the title of the ninth paper published in this issue. A reflection from corporate communication in “management in smart organizations” is presented. It stablishes that from the effective management of corporate communication it is possible to develop organizational intelligence. In the last paper, “Compliance: standards as an instrument and as a threat to administration”, the legal notion of compliance in relation to the activity of business administration is analyzed. It is proposed that the rules determine the performance of companies where, in order to mitigate risks, they carry out activities specific to the corporate purpose. For the authors, compliance can be interpreted as an auxiliary tool that helps management achieve the purposes of the company by providing relatively secure standards of action. The content of each of these ten papers is the sole responsibility of their authors. This issue becomes a new opportunity for the national and international scientific community to judge the outcomes in each of these proposals.We hope you will continue to accompany us as readers of our scientific journal.

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« AI to Transform the Drug Approval Process and De-Risk Drug Development ». HPHR Journal, n^o 40 (2021). http://dx.doi.org/10.54111/0001/nn4.

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The public tends to view high drug prices through the lens of a contentious political argument about the right healthcare model. Scientists might choose to view research as the path to better and cheaper drugs. However, there is a bridge between science and business that might play as great a role in drug prices - the drug approval process. The greatest issue facing the pharmaceutical industry seems to be the risk associated with drug development, because companies invest significant amounts of money in products that frequently fail to gain approval. Though discovering new disease targets has the benefit of increasing the number of ways to attack a disease, it certainly does not offer any new assurance about performance in humans. In fact, very few drugs are effective in humans, which becomes especially crippling for small companies. However, the government and FDA can greatly reduce this risk. The pharmaceutical industry would benefit from an approval system that more effectively decided whether companies should move forward with drug development. And, despite a growing body of data about drugs that fail or succeed, approvals still rely on crude comparisons and arbitrary expectations for performance. For these reasons, researchers should mobilize AI to improve how the government and pharmaceutical companies evaluate their preclinical and clinical data for new drug candidates to ensure, ultimately, that more pharmaceutical companies develop drugs that are likely to succeed.

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Böttcher, Lucas, et Hans Gersbach. « A Refunding Scheme to Incentivize Narrow-Spectrum Antibiotic Development ». Bulletin of Mathematical Biology 84, n^o 6 (22 avril 2022). http://dx.doi.org/10.1007/s11538-022-01013-7.

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AbstractThe rapid rise of antibiotic resistance is a serious threat to global public health. The situation is exacerbated by the “antibiotics dilemma”: Developing narrow-spectrum antibiotics against resistant bacteria is most beneficial for society, but least attractive for companies, since their usage and sales volumes are more limited than for broad-spectrum drugs. After developing a general mathematical framework for the study of antibiotic resistance dynamics with an arbitrary number of antibiotics, we identify efficient treatment protocols. Then, we introduce a market-based refunding scheme that incentivizes pharmaceutical companies to develop new antibiotics against resistant bacteria and, in particular, narrow-spectrum antibiotics that target specific bacterial strains. We illustrate how such a refunding scheme can solve the antibiotics dilemma and cope with various sources of uncertainty that impede antibiotic R &D. Finally, connecting our refunding approach to the recently established Antimicrobial Resistance (AMR) Action Fund, we discuss how our proposed incentivization scheme could be financed.

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Tammeorg, Priit, Päivi Soronen, Anu Riikonen, Esko Salo, Suvi Tikka, Minja Koivunen, Anna-Reetta Salonen, Topi Kopakkala et Mikko Jalas. « Co-Designing Urban Carbon Sink Parks : Case Carbon Lane in Helsinki ». Frontiers in Environmental Science 9 (19 août 2021). http://dx.doi.org/10.3389/fenvs.2021.672468.

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In order to achieve the goals of carbon (C) neutrality within next 20 year, municipalities worldwide need to increasingly apply negative emission technologies. We focus on the main principles of urban demonstration areas using biochars for C sequestration and explore the lessons learned from a co-creation process of one such park, Hyväntoivonpuisto in Helsinki, Finland. Demonstration sites of urban C sinks in public parks must be safe, visible and scientifically sound for reliable and cost-effective verification of carbon sequestration. We find that different interests can be arbitrated and that synergy that emerges from co-creation of urban C sink parks between stakeholders (scientists, city officials, companies, and citizens) can result in demo areas with maximized potential for impact, dissemination and consideration of principles of scientific experimentation.

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Boru, Zeleke Temesgen. « Does regulatory chill still concern states ? » Journal of Generic Medicines : The Business Journal for the Generic Medicines Sector, 22 avril 2021, 174113432110014. http://dx.doi.org/10.1177/17411343211001424.

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Public health measures taken by States have been subject to mounting arbitration legal challenges. These challenges resulted in an argument that investment agreements in general and the prevalence of the Investor-State Dispute Settlement (ISDS) mechanism, in particular, may force governments to refrain from introducing new legislative or policy measures due to a fear that the measures could be contested by investors. This situation, a fear to adopt legislative and similar other measures, is often referred to as “regulatory chill.” Recent arbitration cases show, however, that some of the cases involving pharmaceutical and similar other companies have been decided in favor of State Parties to the ISDS. In this regard, the legal claims initiated by Eli Lilly against the Government of Canada or the arbitration claims brought by Philip Morris against the Government of Australia and Uruguay can be cases in point. Due to these recent cases, some scholars have argued that the ISDS decisions (such as Eli Lilly and Government of Canada) demonstrate that regulatory chill may not be States’ concern anymore. This paper examines the obligations of State Parties to the International Covenant on Economic, Social and Cultural Rights (ICESCR or Covenant) to ensure access to affordable health technologies (medicines, vaccines, etc.) and the likelihood of investment agreements to result in a “regulatory chill” that hinders the realization of the obligations. In order to do so, the paper takes the TPP’s (now CPTPP) investment chapter as a case in point.

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