Commercial Relations Research Articles

Vietnam’s Legal Policy on Obligations of Company Managers

The Company is a legal entity that cannot carry out its activities but must go through the actions of specific objects called the company's manageCompanyerprise law always has provisions that compel the company manager to perform their obligations to protect the interests of investors adequately. The article uses historical and statistical methods to assess the development and limitations of Vietnam's current legal policies for company managers. Accordingly, the performance of obligations of a company manager in Vietnam, mainly corporate governance, should generally be taken more seriously. The article also uses analytical and comparative jurisprudence methods to evaluate and comment on regulations on the obligations of company managers in the United States, Australia, and France. On that basis, the article proposes to improve the Vietnamese law related to the duties of the company manager, specifically: (i) To improve the Vietnamese enterprise law in both form and content to create a legal corridor as the foundation for business and commercial relations to develop. This is done through the development of a system of case law on corporate law in general and obligations of company managers in particular; (ii) attach great importance to the duties of honesty, diligence, loyalty, and prudence of the Company's managers because these are influential subjects who can interfere in management and operating decisions; (iii) Develop criteria to identify those considered company managers.

Baseball Arbitration as a Suitable Alternative for Construction and Real Estate Disputes

Baseball Arbitration (or Final Offer Arbitration (FOA)) is a dispute resolution mechanism to resolve controversies where each party submits a final offer. The arbitral tribunal must then decide by picking only one of these proposals. Given the arbitrators’ powers’ limitations, these proceedings are usually shorter and less expensive than traditional dispute resolution mechanisms. In addition, contrary to conventional arbitration, parties tend not to assume unrealistic or extreme positions, which could promote amicable settlement since it is an all-or-nothing proceeding. FOA could effectively resolve monetary disputes in industries where parties seek to preserve the commercial relationship while avoiding unnecessary delays. Therefore, Baseball Arbitration could be advantageous in the construction and real estate sectors. However, most arbitral institutions do not have specific rules for conducting Baseball Arbitration proceedings. This article proposes a model clause for parties wishing to submit their disputes to FOA. In our proposal, the arbitrator will receive the parties’ final offers and then issue its reasoned award, asserting the rationale to choose one offer over the other. Arbitration, Baseball Arbitration, Final Offer Arbitration, ADR Mechanisms, Construction Disputes, Construction Arbitration, Real State Disputes, Real Estate Arbitration, Model Clauses

Trading with the Enemy: Britain, France, and the 18th-Century Quest for a Peaceful World Order. By John Shovlin

John Shovlin presents a significantly researched, clearly written work on a question of pressing actuality and historiographical durability: commercial relations between France and England. Having written previously on noble culture in Ancien Régime France, in which context he explored the meaning and operation of ‘court capitalism’ (The Political Economy of Virtue: Luxury, Patriotism, and the Origins of the French Revolution (Ithaca, NY: Cornell University Press, 2006), he turns here to a broader geopolitical and historiographical question: ‘the political competition for commercial wealth in Franco-British relations’. Shovlin argues trade was ‘strategic’, precisely because commercial wealth was central to both state power and the ‘balance of power’ between states (pp. 26–27). Drawing on the insights of post-revisionist French Revolutionary historiography, this book shows that ‘capitalism’ provided the intellectual framework of ‘political economy’ for ‘states and chartered companies and the officials who managed them’ (p. 29). Moreover, underscoring the enduring influence of John Brewer’s work on the Sinews of Power: War, Money and the English State, 1688–1783 (London: Unwin, 1989), the book demonstrates how concern for English state power framed how social and political elites perceived and pursued their economic interest. The book is not a narrative of trade treaties or trade relations, though the treaties of 1713 and 1786 are discussed in detail. It is also not a history of the major trading companies, though the South Sea Company, the East India Company, and the Compagnie des Indes all figure prominently. Rather than a narrative or institutional history, the book is structured as a series of thematic essays. This choice necessarily involves some repetition and can result in some confusion for the non-specialist reader, which is mitigated by capsule biographies and a timeline of events in the preface. The length of the text may also have guided the decision, presumably of the publisher, to include only a select bibliography, referencing all primary sources solely in the endnotes. The benefit of the author’s strategy is the detailed, and original, analysis Shovlin offers of specific concepts in eighteenth-century political culture, including mercantilism, physiocracy, Law’s system, the asiento, the exclusif, American free ports, and, above all, free trade. Collectively, the essays demonstrate that concepts of market development and competition were not incompatible, for wholesale traders, commercial financiers, and government officials, with concepts of restraint, stability, and peace. Shovlin thereby offers us a much more contextualized and subtle understanding of eighteenth-century free-trade advocacy. Yet, the most profound lesson Shovlin’s book may teach us is implicit: how little concern policy-makers had for retail consumers. For all their engaged discussion of free ports, public debt, and international peace, the sources appear to mention retail sugar prices only in passing, and the price of wheat, bread, or tea not at all. Likewise, outside of their efforts to obtain and retain the right to profit from enslavement, his sources show little interest in fluctuations in wages or consumer purchasing power. One could almost imagine them assuring their respective political constituencies that free-trade negotiations would readily produce ‘oven-ready’ agreements, which in turn would lead their countries to ‘sunlit uplands’.

Race-Making across Empires: The Racial Formation of Louisiana’s Filipino Communities from the Antebellum Era through Jim Crow

Race-Making across Empires: The Racial Formation of Louisiana’s Filipino Communities from the Antebellum Era through Jim Crow Michael Menor Salgarolo (bio) At the height of southern Jim Crow and the dawn of America’s colonial empire in the Pacific, Filipino nationalist intellectual Sixto López paid a visit to Louisiana. López was surprised to learn that communities of Filipino fishermen had settled in Louisiana’s bayous decades before America’s colonization of the Philippines in 1898. He was even more surprised to see the way they were treated by their white neighbors. “[I]t might be thought,” wrote López, “that in New Orleans, where southern racial or ‘color’ prejudice is said to run to extremes, the Filipinos would be subjected to all the disabilities and prejudices attaching to the negro.” López found, however, that such was not the case. He noted that many Filipinos had close personal and commercial relationships with Cajuns, Italians, and the other white inhabitants of southern Louisiana. Many Filipino fishermen had married white women and sent their children to white schools. The apparent lack of discrimination faced by Filipinos in Louisiana was all the more unexpected given the context of American colonialism in the Philippines, where the United States justified its domination of the islands by propagating the notion that Filipinos were racially unfit for self-governance. While “in his own country, [the Filipino] is a semi-savage, incapable of exercising the rights of citizenship,” López observed, “the Filipinos of New Orleans are in all respects treated as white men.”1 [End Page 25] By the time of López’s arrival, Filipino men had established settlements in lower Louisiana for nearly half a century.2 Their arrival was a result of Western commercial expansion into East Asia in the nineteenth century. As Spain’s imperial government began to open Philippine ports to trade with all nations, a spike in foreign commerce led to a demand for native Philippine sailors, known in the English-speaking world as “Manilamen.” Often recruited through deception or coercion, “Manilamen,” like nineteenth-century sailors of all nationalities, frequently evaded brutal working conditions by deserting when ships came to port. Filipino deserters formed communities in port cities such as New York, Philadelphia, Liverpool, and Barcelona and built fishing villages in Australia’s Torres Strait and Kalk Bay, South Africa.3 In Louisiana, Filipino sailors established a semi-autonomous settlement at a place called Bayou St. Malo, located deep in the coastal marshes of St. Bernard Parish. St. Malo was named for Juan San Maló, the leader of an eighteenth-century Black maroon community who lived on the site.4 By the late nineteenth century, St. Malo had become home to nearly 150 people, mostly Filipino fishermen and their families.5 [End Page 26] In this article, I contextualize López’s observations about race by reconstructing the racial formation of Louisiana Filipinos from the mid-nineteenth century to the early twentieth.6 Using newspapers, census manuscripts, memoirs, and court records, I shed light on a process shaped by both imperial racial knowledge and local racial ideologies. Much of the historical literature on Asian American migration to the U.S. South has focused on the issue of racial formation. A number of important studies have focused on the segregated South in the mid-twentieth century, seeking to answer the paradigmatic question, “where did the Asian sit on the segregated bus?” Scholars have built on Leslie Bow’s nuanced understanding of Asian Americans in the South as “interstitial” figures whose presence reveals both the limits and the flexibility of Jim Crow’s Black-white racial binary.7 These studies form part of a growing field of writing on “third” or “inbetween” peoples in the South and the nation that examines the ways non-Black racialized peoples have navigated, challenged, and upheld systems of white supremacy rooted in anti-Black racism.8 Scholars have tackled similar questions in studies of Creoles of color in New Orleans, seeking to understand how this population of mixed European and African descent claimed rights and defined their social identities within the rigid [End Page 27] Black-white racial binary...

Palmares e Cucaú: O aprendizado da dominação

Palmares e Cucaú: O aprendizado da dominação

Vacuum metrology and its impact on research and industry

SummaryTo mark our anniversary, we are presenting articles that have been particularly appreciated by readers of our online edition once again in print. Here:By accurate vacuum measurement, it is possible to control processes in industry, to ensure the necessary environmental conditions for many experiments in science and research and to support the commercial relationship between manufacturers and users of vacuum equipment. The main task of vacuum metrology, the science of vacuum measurement, is to provide traceability of vacuum measurements to the SI. In recent years, also the characterization of vacuum by partial pressure analysis and outgassing rate measurement, and the dynamics of vacuum measurement became an issue for vacuum metrology.

Corrigendum: The influenza hemagglutinin stem antibody CR9114: Evidence for a narrow evolutionary path towards universal protection

Please tick as appropriate:Details of author(s) to be added to the manuscript (If the statement currently in the Manuscript/Proof is correct, please leave the below blank)AB and JF contributed equally to the writing of this article. AB, JF, CK, JK and JG designed this article. WK, GA, CK, and JG contributed to the article and provided critical remarks. KW and GAFN performed the structural analysis, JK analyzed the in vitro neutralization data for the landscape. AP and MMD contributed to the parts regarding the evolutionary pathway of pan-influenza protection. All authors contributed to the article and approved the submitted version.AB, JF, CK, JK, WK, GA, and JG have disclosed that they are employees of Leyden Laboratories with stock options in this company.The remaining authors declare that the research was conducted in the absence of any commercial or financial relationships that could be construed as a potential conflict of interest. Please provide the final authors list in the order they should appear in the final publicationNote that the final spelling and presentation of Author names (special characters, middle names, etc) will be as provided in the Manuscript/Proof. * By signing this form you agree a) for your name to added to/removed from the manuscript, b) to the new Author Contribution, Conflict of Interest and Acknowledgment statements and c) to the final author's list as listed in the form.

Comparative study between local anaesthesia and general anaesthesia in coblation turbinoplasty.

The authors declare this research was conducted in the absence of any commercial or financial relationships that could be construed as potential conflicts of interest and was self-funded. The peer review history for this article is available at https://publons.com/publon/10.1111/coa.14031. The data that support the findings of this study are available from the corresponding author upon reasonable request.

Newborn screening for X-linked adrenoleukodystrophy in Italy: Diagnostic algorithm and disease monitoring.

X-linked adrenoleukodystrophy (X-ALD) is the most common inherited peroxisomal disorder caused by variants in the ABCD1 gene. The main phenotypes observed in men with X-ALD are primary adrenal insufficiency, adrenomyeloneuropathy, and cerebral ALD (cALD). Cerebral ALD consists of a demyelinating progressive cerebral white matter (WM) disease associated with rapid clinical decline and is fatal if left untreated. Hematopoietic stem cell transplantation is the standard treatment for cALD as it stabilizes WM degeneration when performed early in the disease. For this reason, early diagnosis is crucial, and several countries have already implemented their newborn screening programs (NBS) with the assessment of C26:0-lysophosphatidylcholine (C26:0-LPC) values as screening for X-ALD. In June 2021, an Italian group in Lombardy launched a pilot study for the implementation of X-ALD in the Italian NBS program. A three-tiered approach was adopted, and it involved quantifying the values of C26:0-LPC and other metabolites in dried blood spots with FIA-MS/MS first, followed by the more specific ultra-performance liquid chromatography-tandem mass spectrometry (UHPLC-MS/MS) technique and, finally, the genetic confirmation via focused NGS. Genetically confirmed patients are set to undergo a follow-up protocol and are periodically evaluated to promptly start a specific treatment if and when the first signs of brain damage appear, as suggested by international guidelines. A specific disease monitoring protocol has been created based on literature data and personal direct experience. The primary aim of this study was to develop a model able to improve the early diagnosis and subsequent follow-up and timely treatment of X-ALD. The study was approved by the local ethics committee. The research was conducted in the absence of any commercial or financial relationship that could be construed as a potential conflict of interest.

Defining the Relational Charter for Commercial Project Contracts

Contracting is an integral part of project management. The contract stipulates the legal and commercial relationship between the two engaging parties. The dynamics of this mutual, contractual agreement is contextualized in the principle-agent theory. In practice, the effectiveness of executing the contractual agreement is dependent on relationship management between the principal and agent, which does not necessarily form part of the formal agreement. This paper aims to identify variables that define the principle-agent relationship and formulization of that in a relational charter. A conceptual model is developed to assess the validity of the agency and relational variables and their interrelationship towards the formation of a relational charter. This paper provides insight into the literature review and conceptual model to be used in field research.

Best practice in crisis management during COVID-19 emergency: A case study from the airport sector

The purpose of this work is to analyze a performing model of process management in a state of emergency in the airport sector. This work reveals the Torino airport model for crisis management realized to ensure the continuation of activities during the beginning of the COVID-19 pandemic. The case study has been analyzed by means of the innumerable measures carried out and included in the operational continuity plan (OCP) of Torino airport (ital. Aeroporto di Torino-Caselle) in Turin, a specific plan aimed to satisfy the exigencies of passengers, the commercial relationship with sub-dealers and commercial partners as well as all the human resources working in the airport during the pandemic spread. The analysis focused on internal documents, reports sent to Airports Council International Europe (ACI EUROPE) to compete in the international competition, and public economic and financial reports as well. The findings help to demonstrate not only the model adopted but also the perfect interaction between all the involved corporate sections of the Torino Airport aimed at a main objective: the continuation of activities as well as the safety and satisfaction of stakeholders. For its theoretical and practical evidence, the paper expresses both scholarly and professional relevance.

Turkish-American Relations during the National Struggle and the Government of Ankara: 1919–1923

During the National Struggle led by Mustafa Kemal Pasha and the Ankara government formed by the Grand National Assembly of Turkey, Turkey’s most important goal in foreign policy was to establish an independent and national state. Meanwhile, the United States closely watched the struggle and tried to keep relations with Turkey under control. The reason for this was the steps taken by the United States to get to know the National Struggle Movement and the agenda of the issue of us mandate in Turkey. At the Paris conference, the United Kingdom offered the United States a mandate over Turkey, and in a week later on Istanbul and The Straits, as well as New Armenia, which would be established on the territory of Turkey. However, although the United States was initially interested in this mandate, it did not accept it in the end according to public opinion. As a result, at the Lausanne conference, the tendency of rapprochement has increased between Turkey and the United States. On August 6, 1923, a new agreement was signed between Turkey and the United States. The agreement signed between US Ambassador to Switzerland Joseph Clark Kru and Ismet Inonu regulated political and commercial relations. Despite the agreement, Turkish-American official relations still did not start immediately. However, as a result of the policy put forward by Mustafa Kemal Ataturk, these relations began to develop year by year. The development of these relations showed that the events that took place against the backdrop of Turkish-American relations and the accumulated experience are always very interesting and important from the point of view of the international community and history. In this article, the relations between Turkey and the United States during the National Struggle period have been studied.

Hungarian Technology Export to Angola through ‘Socialist Solidarity’

Hungarian activity in the developing world is being explored again. As the topic is quite peripheral, thus it needs a comprehensive analysis. As an Eastern Bloc country, Hungary was engaged with socialist solidarity, however it never had real colonial past, thus its anti-colonial point of view seemed credible for the newly independent African countries. Decolonial orientation of the People’s Republic of Hungary started in the 1960s, and it had various other aspects as well. Different political and economic interests also played a key role, as Angola had an incredible abundance of resources, which gave a big push not only for Hungary, but for many other Eastern Bloc countries to play a significant role in the restoration of its economy, in the hope of establishing new commercial relations. Hungary offered - among others - significant financial support, bank loans, and scientific-technological help to counterbalance the former colonial powers' and other capitalist countries, who were seen as possible enemies and opressors. On the other hand this “socialist help” meant a search for potential new markets for the Hungarian economy, and the possibility to get acces to western markets and technology through international cooperations in the African continent.

ВЛИЯНИЕ ФИНАНСОВЫХ САНКЦИЙ НА ЭКОНОМИЧЕСКУЮ БЕЗОПАСНОСТЬ СТРАНЫ: ПОТЕНЦИАЛЬНЫЕ РЕЗУЛЬТАТЫ И ИНСТРУМЕНТЫ ПРОТИВОДЕЙСТВИЯ

The article discusses the introduction of economic sanctions and their impact on the level of economic security. Based on this, the purpose of the article is to assess the effectiveness of the use of financial sanctions on the economy of individual countries, to determine the criteria for the effectiveness of their application, as well as to search for the most adequate tools to counteract them and minimize their negative impact on the national economy. The results showed that the main factors influencing the effectiveness of sanctions are: commercial relations between the initiator countries and the target countries, measured by the flow of bilateral trade in goods between them; the relative economic size of the countries, measured by the ratio of the GNP of the initiator country to the GNP of the target country; the level of economic development of the target country; the type of sanctions used; the cost to the country- the initiator.

КОЛЬСКИЙ КУПЕЦ АНДРЕЙ ГЕРАСИМОВ И БЕЛОМОРСКАЯ КОМПАНИЯ: НЕСОСТОЯВШЕЕСЯ СОТРУДНИЧЕСТВО И КОНФЛИКТ (1804-1805 гг.)

The article is devoted to the one of the aspects of the history of the White Sea Company: the relationship between management and potential shareholders. Attracting shareholders was an important area of the company's activity, on which the success of the organization of fishing and hunting for sea animals depended. The Kola merchant A. I. Gerasimov since the 1770s was engaged in the organization of whaling and expeditions to Svalbard (Russian Grumant), maritime trade in Northern Norway and in St. Petersburg. Nevertheless, cooperation with such a profitable partner did not work out for the company. The author examines the reasons for this failure, reveals the opposite views of the merchant and the management of the company on the nature of commercial relationships. The research is based on the merchant's letters to the board of the White Sea company in St. Petersburg and to the prominent statesman Count N. P. Rumyantsev, dated 1804-1806.

СУЧАСНІ СВІТОВІ ТРЕНДИ ЦИФРОВІЗАЦІЇ ІНДУСТРІЇ ФІНАНСОВИХ ПОСЛУГ У СФЕРІ СПОЖИВАННЯ

The article examines the digitalization trends of the financial services market in the field of personal consumption. Attention is paid to the spread of various financial services in the field of personal finance management and e-commerce. Examples of foreign financial institutions focused on servicing trade and investment personal financial transactions are given. The specificity of digital technologies makes financial services remote, but their availability is increasing. It is shown that users prefer those banks that provide the opportunity to remotely manage personal accounts and monitor their own financial situation using online platforms and mobile applications. Therefore, the number of digital financial services offered in the field of personal financial transactions becomes a factor in the modern competitiveness of a financial institution. The development of consumer finance (consumer finance) covering operations from investing in real estate to paying for college education is analyzed. Wellplanned consumer finance helps users securely purchase products and services by paying for them in installments over a fixed period of time. The peculiarities of the BNPL industry – "buy now, pay later" – which modernized deferred and installment payments, were studied. BNPL solutions are available in online stores and are immanent for e-commerce. Therefore, the growth of e-commerce sales by 44.4% in 2021 compared to the same year in 2020 stimulated the spread of BNPL's financial services. This increases the competition of firms in this segment of the financial services market. In order to strengthen their competitive positions, the companies offer a number of new approaches to the implementation of BNPL products and solutions. First, they are direct providers of new financial services that are at the heart of BNPL's US solution development. Second, there are facilitators, large payment companies with well-established commercial relationships that seek to capitalize on the growing interest in direct supplier solutions. Third, retroactive suppliers offering different financing options for all purchases made with their credit card after the fact of payment.

VIRTUAL AGRICULTURAL MARKETS – TRENDS AND CHALLENG

In recent years, a process of restructuring of farms in Bulgaria has been observed, which consists in the modernization of agricultural markets through the use of different platforms. This change is associated with many challenges for farmers, as well as following certain trends in the agricultural sector. The purpose of the research is to trace to what extent innovations are imposed in the economic sector, where the production is available on the virtual market. Innovations in virtual agricultural markets allow quality fresh produce to reach a greater number of end consumers. Research methods are prospecting and analysis of the current platforms for trading agrarian products: electronic stores, social networks, sites, applications for direct sales. The results of the research show that there are a wide range of opportunities to participate in virtual agricultural markets and they support the development of farms, but at the same time they are associated with challenges and important problems in the realization of agricultural production. Following and developing modern market trends is necessary for adapting manufacturers to the constantly changing market environment and increasing their competitiveness. As a result, virtual agricultural markets are developing as a means of sustainable commercial relationships and represent an alternative for easy access of agricultural products to consumers.

The 2022 Sanction Challenges for International Commercial Arbitration and Methods of Resolving them

The subject of this study is the impact of the sanctions policy imposed against the Russian Federation in 2022 on international commercial arbitration. For that purpose, we analyse the restrictive measures that have had a major impact on dispute resolution in international commercial arbitration involving Russian and sub-sanctioned persons. An important part of the study is an analysis of current practice in this area and the difficulties arising in order to develop recommendations and possible means of overcoming them for the continuation of international arbitration in Russia and access to justice for sanctioned persons. Over recent years, international commercial arbitration has become one of the most common means of dispute resolution, not only abroad, but also in the Russian Federation. However, the international nature of arbitration makes it highly sensitive to sanctions. Since the implementation of anti-Russian sanctions, especially in 2022, it became evident that the field of international commercial arbitration faces inevitable difficulties in terms of cooperation with foreign jurisdictions and its operation in general. The impact of restrictive measures on international commercial relations cannot be overestimated, with the number of cross-border disputes only increasing, which makes international commercial arbitration more than relevant and requires new solutions to overcome existing challenges. The research leads to a number of conclusions: the 2022 sanctions have certainly affected the world of arbitration but have not put an end to arbitration institutions in general; they have led to a global reorientation towards Asian arbitral institutions and a strengthening of Russia's position as a place for arbitration; parties to arbitration proceedings are finding new and successful solutions to the restrictive measures; many foreign jurisdictions are slowly softening their policy towards arbitration.

Экономическая оценка рынка цифрового здравоохранения РФ

The article presents the results of the economic assessment of the digital health care market in the Russian Federation through interpretation of commercial relations in the field of telemedicine. The introduction of digital technologies is a fundamental development direction of all spheres of modern socio-economic system without any exception. The use of digital platform solutions actively affects health care system. The pandemic, which formed the objective imperatives of remote communications, became the trigger for intensification of digital transformations in health care. Telemedicine has become a significant manifestation of digital transformation of health care. The dominant part of its services is sold for money. In this regard, it is relevant to study the key dynamic and structural indicators of telemedicine market development, which will allow giving the answer about its economic capacity, investment attractiveness and potential commercial efficiency. The results of economic assessment of telemedicine market are important from the point of view of developing national mechanisms for its regulation and correction of competitive environment, since besides its commercial component there are also social effects that should be taken into account to manage the state of public opinion. The purpose of the study is to conduct economic assessment of the state and development of digital health care market in the Russian Federation. The research methodology was based on the use of the following methods: statistical, comparative, analytical, dialectical, graphical, and logical. The dynamics of cost capacity of telemedicine market, the volume of telemedicine services market per capita, the revenue of the leading companies in domestic telemedicine market, the level of investment activity, as well as the degree of popularity and economic accessibility of digital health care services were analyzed, as a part of economic assessment of digital health care market in Russia. The author's team reveals the essence, prerequisites and prospects of digital transformation of health care system, presents the results of analytical diagnostics of key dynamic and structural indicators of domestic telemedicine market functioning, and substantiates the potential of commercial development and investment attractiveness of the Russian digital health care market.

Predicting Development Prospects Based on the Current Situation of the Sino-US Trade War

This paper mainly discusses the prospect of the trade war between China and the US, the future trend of china-US economic and trade relations, and extensively analyzes the causes and influences of the trade war from the perspective of case analysis method and comparative analysis method. The trade war triggered by the trade deficit stems from the desire of both countries to maintain their own strength and economic growth, which makes the compromise difficult. In addition to the continued worsening of bilateral ties, a future decoupling of China-US economic and commercial relations will have significant repercussions for China and the United States, as well as the world economy. In order to prevent the decoupling of our China-US trade ties, China and the United States must settle their differences in our US economic and trade relations via more communication and consultation.