Liability Regime Research Articles

Government debt management: challenges and perspectives

The article examines the current tendencies of the government indebtedness in the world. It proves the rapid growth of the government debt in the different countries around the world after the 2008–2009 financial crisis and analyzes the reasons for government debt increase in particular countries and its consequences. The study is devoted to the research of the government debt in developed and developing countries. Particular attention is paid to the government debt of Japan, the USA, the European Union countries. In the article, the government debt of Ukraine, its tendencies, and consequences for the economy are analyzed. The state borrowings in Ukraine are often used for financing the servicing and payment of the existing debt. Government debt can be an important investment source and used for the development of the economies. But in the conditions of its rapid and unlimited growth, government indebtedness can be a burden for the economy.

Responsibility in the Financial Crisis

The global financial crisis began in 2007, and we are still feeling its effects. It has involved the collapse or near- collapse of large commercial banks, hugely expensive interventions by governments to guarantee deposits and buy bank assets, a steep decline in bank lending to individuals and businesses, significant falls in consumer activity, both domestic and international, with a resulting reduction in trade. Government indebtedness due to the crisis has resulted in diminished welfare states in Western Europe and a worsening of the position of the worst off in developed countries. In the United States, repossessions of properties rose very markedly after 2006, and members of both low and middle income groups have at times been very badly affected.

Safe Harbours in Deep Waters: A New Emerging Liability Regime for Internet Intermediaries in the Digital Single Market

Online intermediaries, often categorised as the gatekeepers of information, have become major protagonists in a variety of policy and legislative actions within the EU Digital Single Market. These initiatives endeavour to tackle illegal content online by imposing enhanced responsibility rules. The emerging scheme undertakes to nevertheless maintain the safe harbour liability exemption under the E-Commerce Directive. In this article we argue that whether that is really the case remains to be seen, in particular with a view to the proposal for a new directive on copyright in the Digital Single Market, the proposal to amend the Audio-visual Media Services Directive and the Commission’s guidance on enforcement of IPRs. This article strives to understand how the new set of obligations is accommodated in the realm of existing rights and duties and whether the boundaries of the safe harbour are blurred by virtue of these recent legislative initiatives.

Unlimited carrier's liability

The author in this article analyses unlimited carrier’s liability regarding not only to malicious behaviour of carrier in fulfilling obligations from contract of carriage (e.g. causing damage with intent, wilful misconduct or recklessly), but also ordinary situation where, despite of non-fulfilment of contract, carrier’s liability is limited. The core of this article is concentrated on the explanation of the link between strict carrier’s liability and legal importance of degree of carrier’s fault in non-fulfilment of contract. The author is on the standpoint that carrier should be liable limited, but not in amount below the value of goods, but in the amount equal to its market value. This liability regime is justified with the fact of high economic power of transport companies and developed technic in traffic and vehicles, which did not exist in the beginnings of modern transport. In the first part of the article is represented the notion of unlimited liability and legal regime of contemporary carrier’s liability expressed in strict liability. Then is considered legal importance of carrier’s fault in fulfilling contract, and especially the influence of degree of fault on (un)limitation of carrier’ liability. Finally, author highlights the number of persons who could be identified with carrier and specifically whose intentional and recklessly action would be resulted in unlimited carrier’s liability.

TANGGUNG JAWAB PEMERINTAH DALAM PELANGGARAN HAK NARAPIDANA DAN TAHANAN PADA LEMBAGA PEMASYARAKATAN/RUMAH TAHANAN NEGARA

ABSTRACT
 Prison overcapacity is caused by substance abuse of function. This condition stimulates lack of rights of pleasantness for inmates in the prison. Being inmates do not terminate that their rights and dignity as human. In other words as inmates they also deserve to be treated as human being. 
 The present study aims to elaborate further about government liability in fulfilling the rights of inmates as human being in related to prison over capacity. Moreover, the present study also tries to examine liability concerning substance infringement of function conducted by wardens. 
 The method used in the present study is a normative legal research, namely legal research which is conducted by examining the library materials or secondary law while in finding and collecting the data is done by two approaches, namely the law and conceptual approaches. 
 The present study concludes that government responsible to overcome prison over capacity in order to provide coupled with protect the rights of inmates concerning their pleasantness in the prison. The occurrence of substance infringement conducted by wardens, government holds liability for this issue in which the government can be charged administrative penalty according to the regulations. 
 Keywords: Over capacity, Liability, Inmates

Private Enforcement in the Realm of European Capital Markets Law Revisited and the Case of Credit Rating Agencies from the Perspective of European and German Law

This treatise revisits the debate on private enforcement in the realm of capital markets law from the European and German perspective. It has been inspired by and shall contribute to the wider debate on whether or not financial markets regulation and civil liability in European law have been steering a more coordinated course. The treatise introduces at the outset some vital aspects of the broader debate on the relationship of capital markets law and private law from the German perspective. The treatise then turns to the European civil liability regime for credit rating agencies (CRAs). The topic of this treatise thereby interweaves two realms of law: European capital markets law as an integral part of European financial markets law and national private (international) law. The treatise explores the efficiency and effectiveness of the European civil liability regime for CRAs in the European Union (Union) with a view to its design and implementation. It shows that the European civil liability regime for CRAs in the Union is a specific example of an ill-conceived private enforcement tool in the realm of European capital markets law. The complexity of its design is explored firstly from the perspective of the law in books. In highlighting the torso design problem of the European civil liability regime for CRAs focus lies on the role of private international law. Secondly – as to the perspective of the law in action – the approach of German courts is sketched to illustrate the challenge the national (German) judiciary faces in context with the civil liability of CRAs. The torso design of the European liability regime for CRAs appears to render it an alien concept rather than one fitting easily into the canon of (national) civil liability norms. The treatise concludes with a question rather than a response to the question on whether financial markets regulation and civil liability in European law have been steering a more coordinated course: Why not navigating better next time?

Public Investment, Government Indebtedness and Transitional Dynamics

This paper considers an endogenous growth model with public capital and government debt. In setting the level of public investment each period, the government is assumed to follow two commonly used in the growth literature fiscal rules: public investment is either equal to a constant fraction of output or equal to a constant share of tax revenues. In our model, we allow revenues to be raised by the government through progressive income taxation and bonds issue. For both fiscal rules, we show that the potential occurrence of either indeterminacy or instability crucially depends on whether the government is a debtor or a creditor. In particular, government indebtedness causes the economy to be prone to either belief-driven aggregate fluctuations or unstable dynamics. This is a novel result in the related literature which has largely overlooked the role of public debt as a possible contributing factor to the presence of indeterminacy and instability in growth models.

LA PROTECCIÓN AL VIAJERO FRENTE A LOS DAÑOS SUFRIDOS DURANTE UN VIAJE COMBINADO

La actual regulación española en materia de viajes combinados se rige por el RD Legislativo 1/2007, de 16 de noviembre, si bien su actual contenido habrá de modificarse en breve, tras los cambios introducidos por la nueva Directiva de la Unión Europea 2015/2302/UE. Actualmente, existe un régimen de responsabilidad específico por los daños ocasionados a los consumidores en la ejecución deficiente del contrato, por efectuar modificaciones al viaje, contrariando el contenido pactado -antes del inicio del itinerario o durante el mismo-, o a causa de la cancelación del viaje. Esto lleva a analizar los criterios para identificar al responsable de la ejecución defectuosa, así como para la determinación del quantum indemnizatorio, a la vista de las circunstancias que pueden darse. También se recogen las medidas de protección a los viajeros frente a la insolvencia del organizador. Pero no siempre que surge un daño existe una responsabilidad por parte del organizador o la agencia de viajes. Sin embargo, no por ello pueden abstenerse de actuar. Por el contrario, la regulación impone la obligación de prestar asistencia al viajero. Por último, se hace una breve referencia a los servicios de viajes vinculados, definiendo a esta novedosa figura, diferenciada de los viajes combinados, pero para la que también se prevén una serie de medidas de protección al consumidor que contrata por medio de esta modalidad.

Liability and Exemptions of Internet Service Providers (ISPs): Assessing the EU Electronic Commerce Legal Regime

E-commerce has grown exponentially in recent years. For instance, the European e-commerce market broke the €500 billion mark in 2016, with the UK accounting for around €157 billion.1 These numbers reflect the increasing importance of e-commerce to the growth of the e-commerce regime and strengthening the harmonisation efforts within the EU ISP regulatory regime. In continuing the push towards harmonisation, it is important to consider the liability regime with respect to the activities of ISPs and available exemptions. Liability for online information can arise with respect to trade marks, privacy, copyright, trade secrets, defamation and unfair competition. This article examines the exemptions available to internet service providers (ISPs) under the EU electronic liability regime. The article will use the term “ISP” to capture service providers as described in Directive 2000/31. The article proceeds as follows. First, it provides a definition of an ISP and describes their activities. Secondly, it discusses the legal regime governing the activities of ISPs. Thirdly, it discusses the exemptions provided under arts 12 to 15 concerning the liability of ISPs as it relates to their activities. Lastly, the paper concludes by highlighting that it is necessary to balance the responsibilities and activities of ISPs against the intellectual property (IP) rights of owners of materials that is shared through the platform of ISPs.

Secular Stagnation and Macroeconomic Policy

Secular stagnation theory has developed substantially recently and offers substantial insights that policymakers have yet to fully internalize. This paper reviews the considerations that led me to revive the secular stagnation idea, summarizes the theory as I understand it today, and argues that events since I started advocating the secular stagnation view have tended to confirm its predictions and reject those of its critics. It addresses the various objections, both theoretical and empirical, that have been put forward to the secular stagnation idea, and argues that if secular stagnation is a central macroeconomic issue, much of the conventional wisdom regarding macroeconomic policy needs to be rethought. Contrary to current orthodoxy, monetary policies may be able to have lasting impacts on levels of output but not to determine rates of inflation. Fiscal policies may be essential for assuring full employment and financial stability. Increases in government indebtedness may contribute to financial stability.

Legal framework for small autonomous agricultural robots

Legal structures may form barriers to, or enablers of, adoption of precision agriculture management with small autonomous agricultural robots. This article develops a conceptual regulatory framework for small autonomous agricultural robots, from a practical, self-contained engineering guide perspective, sufficient to get working research and commercial agricultural roboticists quickly and easily up and running within the law. The article examines the liability framework, or rather lack of it, for agricultural robotics in EU, and their transpositions to UK law, as a case study illustrating general international legal concepts and issues. It examines how the law may provide mitigating effects on the liability regime, and how contracts can be developed between agents within it to enable smooth operation. It covers other legal aspects of operation such as the use of shared communications resources and privacy in the reuse of robot-collected data. Where there are some grey areas in current law, it argues that new proposals could be developed to reform these to promote further innovation and investment in agricultural robots.

La responsabilidad patrimonial del Estado por infracción del Derecho de la Unión Europea por los tribunales nacionales

El objetivo del presente trabajo es analizar el estado actual del régimen de responsabilidad patrimonial del Estado por infracción del Derecho del Unión Europea, especialmente en el ámbito de aplicación judicial del Derecho de la Unión, examinando el impacto de los últimos pronunciamientos del Tribunal de Justicia de la Unión Europea sobre esta cuestión. Por otra parte, se analizan los aspectos más controvertidos del nuevo marco legislativo introducido por la Ley 39/2015, de 1 de octubre, del Procedimiento Administrativo Común de las Administraciones Públicas (en adelante LPAC), y la Ley 40/2015 de 1 de octubre, de Régimen Jurídico del Sector Público (en adelante LRJSP), que ha introducido la regulación legal de la responsabilidad patrimonial de la Administración Pública por infracción del Derecho de la Unión Europea. Por primera vez, nuestro ordenamiento jurídico se ocupa de forma explícita de esta cuestión que, hasta la regulación introducida en el capítulo IV del Título Preliminar de la LRJSP, estaba basada en la jurisprudencia del Tribunal Supremo en aplicación, a su vez, de la jurisprudencia del Tribunal de Justicia de la Unión Europea.

Nuclear liability conventions and decommissioning: exclusion provisions revisited

Neither the Paris Convention on Nuclear Third Party Liability of 1960, nor the Vienna Convention on Civil Liability for Nuclear Damage of 1963 specifically addressed the issue of decommissioning nuclear installations in their provisions. The lack of explicit provisions concerning these activities in the liability conventions is due to the fact that, when these instruments were drafted, the development of nuclear energy was in its infancy, and there was little concern about activities at the back end of the fuel cycle. Since the 1980s, problems arose from the decommissioning of nuclear installations again raised questions concerning applicability of the liability regime of these liability conventions on various stages of decommissioning. Since the post-Chernobyl period, the issue of decommissioning was addressed in the Joint Convention on the Safety of Spent Fuel Management and the Safety of Radioactive Waste Management of 1997. Consequently, the Protocol to Amend the Vienna Convention on Civil Liability for Nuclear Damage in 1997 and in the Protocol to Amend the Paris Convention on Nuclear Third Party Liability of 2004 also raised the issue.

Which Interpretational Route Will the Supreme Court of India Follow When Faced with the Contentious Civil Liability for Nuclear Damage Act, 2010?

Abstract The Civil Nuclear Liability for Damages Act of India enacted in 2010 has been a matter of concern to international suppliers and vendors. This is due to the perceived deviation of the law from the principle of legal channelling of liability (to the operator) which is at the heart of international nuclear liability jurisprudence. Specifically, this notion arises from allowing recourse to suppliers under outside of the circumstances mentioned in the Annex of the Convention for Complementary Compensation. Sections 17 and 46 which embody this notion are subject to different interpretations, some of them implying the compliance of the Indian regime with the international nuclear liability regime and many others equally suggest otherwise. In 2015, Government of India through a detailed Frequently Answered Questions clarified the nature and meaning of these sections. However, interestingly, there are two cases pending before Supreme Court of India contesting the constitutionality of the legislation in which these two specific provisions are also disputed. The article attempts to explain and resolve the ambiguity through a study of Supreme Court’s approach to statutory interpretation. I undertake an analysis of the reasoning given under the 2015 FAQ in the light of the disputed Sections 17 and 46 and bring out a probable prediction of Court’s interpretation of the Sections of the Act.

Compensation for harm caused by nuclear installations: what’s the damage?

PurposeThis paper aims to explain the changes to the liability regime for nuclear installations before reviewing the traditional heads of damage under the 1965 Act. It argues that while there is some welcome clarification of what amounts to an “occurrence” in the purposes of the 1965 Act, disappointingly, little has been done to clarify how concepts of personal injury and property damage under the Act sit alongside traditional tort notions leaving the law highly dependent on earlier, but not always consistent, case law. The paper then goes on to consider the impact of the new categories of compensation, introduced by the Order, evaluating the extent to which these draw upon EU law structures for environmental impairment liability. Again, it questions whether this approach will achieve sufficient clarity and certainty.Design/methodology/approachThis paper is a desk-based legal research.FindingsThis study is a discussion of statutory material and case law.Originality/valueThis paper is a first in-depth treatment of changes to liability principles in the Nuclear Installations Act 1965.

Tortious Liability of Government

This paper talks about the tortious liability of the government under tort law and the same has been compared with tort law of different countries.

Constitutional governmental liability – legitimation and opportunity

Constitutional governmental liability – legitimation and opportunity

LIABILITY AND ANTIFRAUD INVESTMENT IN FINTECH RETAIL PAYMENT SERVICES

Motivated by recently introduced retail payment schemes using information technology, often called “FinTech,” we examine the effect of fraud liability regime on antifraud investment in a FinTech payment scheme, where the front‐end and back‐end services are vertically separated. In an environment where a FinTech payment service provider (FPP) covers only the front‐end services, delegating the back‐end services to an integrated payment service provider (IPP) such as banks and credit card companies, we show that under the IPP liability regime, the IPP invests more in general, while the respective investment depends on the range of the access fee under the FPP liability regime. Specifically, given a sufficiently great loss from accident, if the access fee is in a certain range, the FPP liability regime is superior in terms of antifraud investment. When the FPP makes its indirect revenue from its user base in addition to the revenue from user fees, we can observe greater antifraud investment under both liability regimes, but the overall decrease in fraud probability is higher under the IPP liability regime. Our results suggest that it might be desirable to induce FPP liability regime, which might necessitate regulating the access fee to achieve such an outcome. (JEL G23, G28, D43, L22)

Liability for injuries according to GDPR

One of the main and most important innovations introduced by the General Data Protection Regulation1 (henceforth, “the GDPR”) is the one concerning liability, in particular with regard to the imposition of administrative fines. The purpose of this article is to (1) summarize the current Member State approach to the imposition of administrative fines and (2) outline the consequences of the changes that the upcoming GDPR will bring for these liability regimes.

중국의 사용자책임에 관한 연구 - 불법행위책임법 제35조를 중심으로

With the development of market economy, it has been a legislative trend to establish a system for vicarious liability of employers. China also established Tort Liability Law of People’s Republic of China in 2009 and ruled responsibility of the employers for the acts for their employees through Art. 35.First, the employer’s right to indemnity to an employee should be recognized, because employer’s superintendence is much weak and economic power is similar between them. Second, an employer should take a responsibility for an unpaid employee as vicarious liability, because the Law did not exclude them from employees. Lastly, in case the Law conflicts with Interpretation of the Supreme People’s Court on Certain Issues Concerning the Application of Law in Trying Cases Involving Compensation for Personal Damage, the Law should be regarded it has priority based on several related Principles. Regarding these matters, this study guides you to an analysis of vicarious liability of employers in China, benefits with a view to the perfection of the vicarious liability regime.