Business Law Research Articles

The Learning Power of Testing

AbstractFor many professors, testing is primarily a tool for assessing the learning of students. However, research into the “testing effect” has established the value of testing also as a learning tool, not just as an assessment tool. This article provides an overview of this research and also of my own experiences in using a variety of testing approaches. Based on these experiences, the article offers a process for adopting testing as a learning tool, along with a review of design choices. By increasing their use of testing in business law instruction, business law professors will improve learning.

Business and Human Rights Law and Practice in Africa, Damilola Olawuyi and Oyeniyi Abe (eds) (Cheltenham, UK and Northampton, MA, USA: Edward Elgar Publishing, 2022)

Business and Human Rights Law and Practice in Africa, Damilola Olawuyi and Oyeniyi Abe (eds) (Cheltenham, UK and Northampton, MA, USA: Edward Elgar Publishing, 2022)

Artificial Intelligence: The Future of Pedagogy

AbstractWhile it is important to research the negative impact of generative artificial intelligence on academic integrity, academics should focus most of their efforts on the opportunities these technologies present for improving pedagogical practices. In this note, I attempt to flip the narrative from one of fear to one of opportunity. I suggest that academics should research the use of generative AI to improve teaching effectiveness and efficiency. I offer various practical suggestions on how these tools can be used to advance pedagogical practices, with specific business law examples.

PENGARUH ORGANISASI PERDAGANGAN DUNIA (WTO) PADA REGULASI HUKUM BISNIS PARIWISATA DI INDONESIA

Adjustment of statutory regulations in the field of tourism business law in Indonesia is one of the consequences of the WTO agreement, thus the GATS-WTO agreement does not only concern Law Number 10 of 2009 concerning Tourism, but also all other related regulations. with tourism, such as labor regulations, Intellectual Property regulated in TRIP's, investment regulations (TRIM's), etc. These regulations will be affected by the provisions of the GATS-WTO, which must immediately be adjusted and harmonized with the GATS agreement commitment that has been agreed by Indonesia. It is by putting the principles of liberalization that it can have an impact on tourism arrangements in Indonesia which are not liberal but adhere to the principles of the Pancasila democracy state. The impact of the WTO on Indonesia's tourism business law arrangements related to TRIMS and GATS is the creation of tourism regulations that can protect local communities and cultures, limiting the liberalization of foreign investors from modern countries. The tourism arrangement must be in accordance with the nature of the purpose of its existence, namely to: increase economic growth; improve people's welfare; eradicating poverty; overcoming unemployment; preserving nature, environment and resources; promote culture; lifting the image of the nation; cultivate a love of the country; strengthen national identity and unity; and strengthen friendship between nations.

What Is The Process Of Resolving Disputes In International Business Law?

The complex global business landscape often creates conflict between entities, highlighting the need for efficient dispute-resolution mechanisms. Increased competition between countries can result in disputes that require immediate attention and require careful consideration of the structure of international and national communities. The importance of dispute resolution mechanisms is visible in the complexity of international business activities. This research aims to deepen a more essential understanding of alternative dispute resolution mechanisms in international business law. This objective is achieved by stating two research questions: the scope of resolving trade disputes and the alternative resolutions for international trade disputes. This is comparative qualitative research carried out in the literature concerning a normative juridical approach. Data was collected by searching relevant literature and legal materials for normative qualitative analysis. This research found that two types of disputes are commonly encountered in the legal process: disputes that are legal or can be resolved and conflicts that are political or cannot be resolved. Alternative Dispute Resolution (ADR) stands out for its effectiveness and efficiency in dispute resolution law. ADR aligns with the evolving dynamics of global trade, providing a valuable tool for managing disputes between business entities. Alternative. At least three alternative dispute resolution options can be chosen: (i) Resolving international trade disputes through mediation; (ii) Resolving international trade disputes through the World Trade Organization (WTO); Resolving disputes in international business through arbitration. This research suggests that it would be best to consider alternatives for resolving trade disputes according to the case's complexity level.

Stone Hotel and the fight over minimum wages

This case study examines at how Ahmad, a hotel worker, changed over the course of his life while the hospitality business and labour laws in Malaysia changed. At first, Ahmad's family lived a simple life, like many others in their coastal town. They made a living by fishing and working in other nearby industries. But commercial and tourism growth pushed by the government drove them to move, which put Ahmad into the growing hotel business. Ahmad's job at Stone Hotel is very different from what he used to do for a living, which shows that he can adapt to new situations. Ahmad worked hard, but his pay stayed the same. He joined a trade union to try to get better working conditions and pay. This action started a big argument about how to read the Minimum Wages (Amendment) Order 2012, mainly about whether or not service charges should be counted towards the minimum wage. The fights between the union and the hotel, as well as the later court cases, show how complicated labour laws and collective bargaining can be. The court's decisions against the hotel's pay practises made it clear how important fair pay is and set a standard for how labour law should be applied. Ahmad's story shows how group action and legal actions can change fair labour practises and is a microcosm of the larger fight for worker rights in Malaysia.
 
 Keywords: Minimum Wages; Collective Agreements; Industrial Relations; Conciliation

Thesis Paper: Some Reflections

Relevance. At present, the procedure for preparing thesis papers is being transformed. It is due to changes in the nomenclature of scientific specialties, according to which the scientific specialty 12.00.03 “Civil Law, Business Law, Family Law, Private International Law” has been replaced by an extended scientific specialty 5.1.3 “Private Law (Civil) Sciences”. However, there is still a problem of a low number of thesis papers in private law sciences as a result of postgraduate studies. This makes it necessary for novice researchers to form an idea about the preparation of thesis papers on private law sciences, taking into account their specifics.The purpose of the study is to generalize the author’s idea of preparing a thesis paper on private law sciences.Objectives: to identify approaches to the selection of a thesis paper topic on civil law, to develop recommendations for the application of practice in a thesis paper, to give recommendations on the style of a thesis paper text.The methodology of the study is presented by the dialectical-materialistic method and the system method. There were also applied analysis, synthesis and the formal legal method.The results of the study consist in a generalized idea of the specifics of preparing a thesis paper on private law (civil) sciences, based on the author’s personal experience. The key points of successful completion of a thesis paper research are highlighted, in particular, the justification of the research topic, the use of practice, and foreign scientific literature.Conclusion. Working on a thesis paper is a complex and time–consuming process. In general, the arguments given about how a thesis is “prepared” are not the ultimate truth. Moreover, they do not pretend to be complete ones.This is more a thought-provoking information.

Modernisation of legislation in the field of economic and commercial activity in the context of European integration

The article deals with the issues of peculiarities of modernisation of legislation in the field of trade and economic activity in the context of European integration.It is noted that economic and trade activity is the industry which is subject to active modernisation, taking into account the requirements of the Association Agreement. The author concludes that the obligations to adapt Ukrainian legislation to EU legislation in trade have changed due to the fact that a number of EU acts have been amended or repealed, and therefore it is now important to implement the novelties of EU legislation in the period after ratification of the Association Agreement.
 The term «economic and commercial activity» used in the Commercial Code of Ukraine essentially means trading activities carried out by business entities. Expanding the scope of digitalisation of economic and commercial activities is another vector of European integration.
 The food supply chain is vulnerable to unfair trade practices due to a sharp imbalance between small and large agricultural market operators. In Ukraine, we see unfair practices when large retailers dictate the terms of market entry and payment for products. Therefore, the implementation of the provisions of Directive 2019/633 of the European Parliament and of the Council of 17 April 2019 on unfair trade practices between undertakings in the agriculture and food sectors is important for Ukraine.
 In general, EU legislation is quite dynamic, especially given the direction of EU policy towards the development of a green economy and digitalisation, and a number of provisions are being adopted to improve trade in these areas. For Ukraine, an important task is not only to adapt national legislation to the existing EU acts, but also to take into account the legal policy ideas that are actively discussed and developed in the EU, in particular, the provisions on harmonisation of business law.

The Cross-Border Change of Legal form as an Alternative to Transnational Mergers? A Comparative Study

AbstractIn the area of business law and enterprises, the internationalization of business activities and the transnational choice of legal form is playing an increasingly important role. This is especially true in times of globalization and a common internal market within the European Union (EU). Consequently, companies are increasingly confronted with legal questions of cross-border choice of legal form and transformations. Here, the cross-border change of legal form can offer an alternative to a merger. Compared to mergers, the cross-border change of legal form of corporations within the EU/EEA is easier to carry out and more flexible. This study introduces the concept and the functioning of the cross-border change of legal form, and elaborates its potential and its limitations in comparison to transnational mergers. The cross-border change of legal form offers a new possibility of transnational reorganization. This article provides the theoretical and legal basis and supports the decision-making in transnational conversions, in which cases a cross-border change of legal form and in which cases a transnational merger should be carried out.

Application of Strategies in the Knowledge of Business Law and the Im-pact that the Covid Pandemic has Caused in a Manufacturing Company in its Operations in Reynosa Tamaulipas

This research project aims to highlight the importance of compliance with the laws focused on commercial law and with the main objective of being able to determine the knowledge that the personnel who work have regarding the laws that apply and how ignorance can affect the processes of them in the automotive company is located in Reynosa Tamaulipas dedicated to the production of automotive components its main mission is to meet all customer requirements focused on environmental protection and employee safety its vision is to be in the competitive market and that your brand is recognized globally, achieving customer satisfaction, employees and job growth, creating and innovating new products.

Economy, management and business law: Introductory note

"Economy, management and business law" is a publication that aims to contribute to the improvement of knowledge in the fields of economics and management as well as in disciplines directly related to development, adopting a variety of quantitative and/or qualitative methodologies at both theoretical and empirical levels. Our policy is to promote scientific work that will lead to significant advances in modern theories. It favors articles that provide sufficient insight into concrete aspects of economic life at microeconomic, macroeconomic and mesoeconomic levels. Authors are invited to compare the results of their studies with their initial hypotheses, within a framework of approaches that align theoretical advances with the realities of the modern economy. The current challenges facing the global economy are becoming increasingly frustrating: frequent crises, significant imbalances between countries in the North and South, profound inequalities between rich and poor within the same country. As a result, the economic policies proposed by the World Bank, the International Monetary Fund and other economic bodies advocate a single trajectory: economic neoliberalism for greater wealth creation. Can this logic be considered the only way out, especially for less advanced countries?

Dispositivity in Russian Business Law

The principle of dispositivity is developed based on the concept of party autonomy that is characteristic of civil law regulation that covers business activities and is realised through the application of, in addition to directly applicable imperative norms, dispositive norms that imply the freedom of the parties to perform (to acquire, realise and dispose of) their rights on their own discretion. Particularly in respect of the civil law relations the law provides the parties with large possibilities to determine their relations in accordance with their autonomy of will and in default of such determination offers the applicable rules. Essentially important in realisation of the principle of dispositivity in the civil law are also initiative norms through the application of which the civil law relations emerge, change and cease. Related particularly to the contract and corporate law regulation in Russia, the traditional totality of the legislative law has been challenged in the pragmatic approach supported by the Russian highest judicial body. According to the Ruling of the Plenum of the Supreme Arbitrazh Court of 2014, the norm that determines the rights and obligations of contractual parties but does not include the expressed provision of its dispositivity or imperativity, ought to be recognised as dispositive or imperative in accordance with the interpretation of its aims, and this indicates of favourable attitude towards business activities as well as of reasonable implementation of the pragmatic attitude that is characteristic to common law to Russian law. In particular, the favouring of the principle of dispositivity in respect to business law regulation, by the concentration of the valuation of the dispositivity of a legal norm in the sphere of successive control, instead of previous control, actually promotes the real freedom of business activities, and makes the regulation flexible. This is particularly important for small and family enterprises that are very common in Russia. Keywords: Dispositive Norm; Initiative Norm; Contract Law; Corporate Law; Pragmatic Approach

Business Law - status of law in the context of the UK

Business Law - status of law in the context of the UK

Business Law

Business Law

Why and How to Include Comparative Law Examples in Today's Business Law or Legal Environment Course

Why and How to Include Comparative Law Examples in Today's Business Law or Legal Environment Course

Business Law in Europe. What Does it Look Like?

Business Law in Europe. What Does it Look Like?

Corporate Social Responsibility (CSR) Reporting in Pakistan: Insights from Stakeholder Perspectives

Background: Corporate Social Responsibility (CSR) reporting has become a de facto in business law. Previous studies on CSR reporting only focused on the context of developed countries however in new research CSR reporting on developing countries has also started to garner attention. Research Aim: This study aims to explore the perspectives of the stakeholders of Pakistan on Corporate Social Responsibility (CSR) reporting. Methodology: This study used a qualitative research approach to explore the perspectives of the stakeholders. The data was collected by interviewing a diverse group of stakeholders in Pakistan. The research employed a thematic analysis for patterning the interview questions. The interviews were done with ethical consideration and with the consent of each of the participants and reporting was on par with the ethical standards for interview design. Results: The outcomes of the study give a meticulous understanding of aspects of CSR in Pakistan and could lead the researchers, policymakers and organizations to improve CSR reporting and practices in the country. Through the perspectives of diverse groups of stakeholders, insights into the complications of CSR reporting were revealed. Conclusion: This study has highlighted the evolving nature of CSR reporting, the institutional factor, the stakeholder’s growing role and the challenges that organizations have faced

The GameStop Short Squeeze as a Case Study in Business Law Education 

The GameStop Short Squeeze as a Case Study in Business Law Education 

Europe needs a true business law

Europe needs a true business law

National Rifle Association of America v. Vullo: Brief to the Supreme Court of Financial and Business Law Scholars as Amici Curiae in Support of Petitioner

National Rifle Association of America v. Vullo: Brief to the Supreme Court of Financial and Business Law Scholars as Amici Curiae in Support of Petitioner