Mandatory Rules Research Articles

THE EXPANSION AND INTERNATIONALIZATION OF MANDATORY DISCLOSURE RULES

The Panama Papers, the Paradise Papers, and most recently the Pandora Papers have exposed the role of tax advisors, lawyers, financial institutions, and other intermediaries in enabling cross-border tax avoidance and evasion. In response, mandatory disclosure rules (MDRs), which require that intermediaries report their clients’ tax schemes, are becoming prominent tools in the international fight against tax avoidance and evasion. This Article analyzes the development of MDRs over the past four decades as a global phenomenon with three distinct phases beginning in the 1980s. The analysis reveals several trends: expansion in the types of schemes that are reportable, extension of reporting obligations to a great diversity of intermediaries, and increasing multilateralism in the effort to curb intermediary-enabled tax avoidance and evasion. This Article shows how developments in international tax policy have affected, and will likely continue to affect, the expansion and internationalization of MDRs.

EU의 공개매수 규율에 관한 법리

The EU"s 2004/25/EC Directive has served as the basis for basic discipline in the tender purchase of listed companies in the European Union. The purpose of this directive is to first enhance legal stability in Tender-related acts and transparency and transparency in the EU as a whole. Second, to protect shareholders (especially minority shareholders), workers, and other stakeholders through transparency and information rights, Third, strengthening the freedom to trade and exercise voting rights on company securities, promoting tender purchases through prohibition of activities that hinder tender purchases, and fourth, strengthening the single market by free capital movement throughout the EU. The main contents of the guidelines include Article 5"s mandatory tender purchase rules, Article 9"s board neutrality rules, and Article 11"s defense reversal rules, and Article 5 applies to all member states, but the application of Articles 9 and 11 can be excluded at the option of the member states. It is also necessary to refer to the laws of major European Union member states centering on EU guidelines for the introduction of mandatory tender purchases, new stock options, and differential voting stocks that are continuously discussed in Korea.

The Transnational Corporate Social Responsibility in Oil and Gas Industry: From Soft Law to Mandatory Rule

The Transnational Corporate Social Responsibility in Oil and Gas Industry: From Soft Law to Mandatory Rule

Intelligent Nanomaterials for Wearable and Stretchable Strain Sensor Applications: The Science behind Diverse Mechanisms, Fabrication Methods, and Real-Time Healthcare.

It has become a scientific obligation to unveil the underlying mechanisms and the fabrication methods behind wearable/stretchable strain sensors based on intelligent nanomaterials in order to explore their possible potential in the field of biomedical and healthcare applications. This report is based on an extensive literature survey of fabrication of stretchable strain sensors (SSS) based on nanomaterials in the fields of healthcare, sports, and entertainment. Although the evolution of wearable strain sensors (WSS) is rapidly progressing, it is still at a prototype phase and various challenges need to be addressed in the future in special regard to their fabrication protocols. The biocalamity of COVID-19 has brought a drastic change in humans’ lifestyles and has negatively affected nations in all capacities. Social distancing has become a mandatory rule to practice in common places where humans interact with each other as a basic need. As social distancing cannot be ruled out as a measure to stop the spread of COVID-19 virus, wearable sensors could play a significant role in technologically impacting people’s consciousness. This review article meticulously describes the role of wearable and strain sensors in achieving such objectives.

OSHA’s Failure to Protect America’s Essential Workers: The Need for Mandatory Rules in the COVID-19 Pandemic

OSHA’s Failure to Protect America’s Essential Workers: The Need for Mandatory Rules in the COVID-19 Pandemic

Influences of family ownership on dividend policy under mandatory dividend rules

Influences of family ownership on dividend policy under mandatory dividend rules

Pelaksanaan Nasional Health Insurance Pada Aspek Kepesertaan Untuk Mencapai Universal Health Coverage

National Health Insurance in a country is a program to achieve Universal Health Coverage which ensures that every citizen in the population has access to health services. The existence of mandatory NHI membership rules makes participation a very important aspect. In the development of the implementation of NHI, there was a phenomenon of decreasing participation which became the reason for researchers to research to analyze factors related to NHI participation, obstacles, and efforts made to maintain and increase participation. This research is a type of Literature Review research with a simple data analysis method (simplified approach). There are 12 national articles and 8 international articles that have been selected by researchers as research material. The results showed that the factors related to NHI participation were divided into 3 main factors, namely predisposing factors, enabling factors, and needs factors. The predisposing factors include age, gender, education, occupation, and the number of family members. Enabling factors include knowledge, income/income, and family support. Meanwhile, the need factor contains perception and motivation factors. In addition to finding factors, this study also found obstacles that affect participation in NHI, and efforts that can improve aspects of NHI participation.

Contracts contrary to fundamental principles and mandatory rules of European Contract Law

Contracts contrary to fundamental principles and mandatory rules of European Contract Law

Justice in Contracts

Abstract The mission of justice for contracts seems to be solely one of gatekeeping. As long as the justice of the bargaining stage is secured and the parties’ agreement complies with a proper floor of legitimacy, contract law, on this conventional approach, must simply follow the parties’ preferences. Doctrines that govern contractual performance and breach by appealing to justice considerations are thus portrayed as either confused or misguided. The justice rhetoric either covers for other, notably economic, considerations or undermines contract law’s liberal underpinnings. Against this common wisdom, this Article develops a theory of contractual justice, which is implicit in this significant body of doctrines. Contractual justice is a species of relational justice, and is thus informed by the most fundamental normative underpinnings of private law in a liberal polity, namely, the maxim of reciprocal respect for self-determination and substantive equality. Focusing on the justice of on-going contractual relationships, modern contract law properly solidifies a cooperative conception of contract performance, which targets a contract-specific form of relational injustice associated with the heightened interpersonal vulnerability to which sequential contractual performance gives rise. The task of this Article is threefold. It articulates and defends the normative commitment to contractual justice that is implicit in contract law’s rules of the game, epitomized by the duty of good faith and fair dealing. It further explains and justifies the legal form of these rules, being normative defaults, rather than either majoritarian defaults or mandatory rules. And finally, it demonstrates how the refinement of both their substance (relational justice) and their form (normative defaults) can help direct the future development of these complex and currently somewhat disoriented set of doctrines and, more broadly, reclaim the central place of justice in the law of contract of a liberal legal order.

A Legislative Study on Applicable Laws for International Marriage and Divorce

This article aims to present how to revise the choice-of-law rules for international marriage and divorce in the Korean Private International Law Act of 2001 (hereinafter the “KPILA”). To this end, this article reviews all the arguments, as much as possible, for the choice-of-law policy suggested before the enactment of the KPILA, and foreign legislations, including the instruments of the Hague Convention on Private International Law and the European Union. The KPILA is based on the principle of nationality in relation to the laws governing the personal status, including the establishment and effects of marriage, and divorce. While maintaining this approach, it is necessary to expand the principle of habitual residence and, for this purpose, to specify the concept and criteria of habitual residence in the KPILA. As to the nationality of the person with multiple nationalities, there is a necessity to abolish the prejudiced principle of the priority of Korean nationality and find what is most closely related to the person among the nationalities, primarily based on the location of habitual residence. As for the substantive requirements for marriage, while maintaining the principle of distributive connection, in order to stipulate the consequences of interpretation of public policy under the KPILA and to resolve the difficulties interpreting the bilateral (one-sided) or multilateral (two-sided) grounds for interrupting the establishment of marriage, it is necessary to add a new provision in the KPILA that specifies as internationally mandatory rules the provisions in Korean Civil Code (hereinafter “KCC”), i.e. Articles 815 and 816, for the grounds for annulment or cancellation of international marriage. While maintaining the principle of selective connection with respect to the formal requirements of marriage, it needs to revise the KPILA and the Korean Family Relations Registration Act to enable the marriage registration of foreigners married in Korea in order to protect domestic transactions, and to revise the KCC to ensure that consular marriages are possible between Koreans and foreigners in order for the management and supervision by the KCC and Korean public officials (consuls, etc.) on Korean nationals marrying abroad. As to the general effects of marriage, while maintaining the objective principle of subsidiary connection without recognizing the party autonomy, there is a need to amend the KPILA to give priority to the law of the place of common habitual residence over the law of common nationality. For the perspective of the choice-of-law policy, it is necessary to treat the foreigners in Korea equally, especially the foreign couples of the same nationality living in Korea, by ensuring the application of Korean law. With respect to divorce, while applying mutatis mutandis the objective principle of subsidiary connection regarding the general effects of marriage, it needs to establish a new provision that recognizes the corrective connection to the law of forum and another new provision specifically stipulating that some of the side effects of divorce, such as the effects of parenthood, the maintenance and the guardianship, are not governed by the law governing divorce.

المكانة القانونية لاتفاقية الأمم المتحدة للنقل الدولي للبضائع عن طريق البحر لعام 1978 (قواعد هامبورغ) بالنسبة للقاضي الأردني مقارنةً مع القاضي الفرنسي

This study aims to compare the legal status of the United Nations Convention on the Carriage of Goods by Sea (Hamburg, 1978) (Hamburg Rules) before the Jordanian judge with its legal status before his French homologue. It is illustrated that the Jordanian judge is bound by the provisions of the Convention since his country became a party to it in 2001. Therefore, the Jordanian judge cannot ignore the criteria of applicability prescribed in Article 2 of the Convention. In addition, when the two parties to the contract designate the Convention as a governing law, it becomes applicable ex proprio vigore. While the French judge finds a leeway when called to pronounce on the applicability of the Convention due to the fact that France did not accede to it. That is why he treats it as a foreign legislation. In fact, the French judge does not give efficacity to the Convention except if his private international law does. This happens mainly when the two parties to the contract of carriage of goods choose the Convention as the law governing their contract. Such an agreementcan be construed as a raise of the limits of the responsibility of the carrier and his obligations whose validity is recognized by the French judge’s legislation. Furthermore, the French judge can give effect to the agreement on the basis of the notion of foreign overriding mandatory rules since his private international law allows him to do so.

State flight safety of civil aircraft

The article is devoted to the study of the system of state regulation and management of flight safety, the definition of the subjects of such activities. The research methodology is based on the methods of documentary analysis and synthesis, comparative analysis, objective truth, which allows to systematically trace the impact of legal regulation in the field of air transport. As a result, it was stated that state regulation is an important component in ensuring the safety of flights of civil aircraft. With proper legal regulation, a high level of aircraft safety will be ensured. The state policy of ensuring the safety of aircraft in civil aviation is a set of goals, objectives, priorities, principles, strategic programs and planned measures developed and implemented by public authorities, which allows the state to achieve its goals in the aviation industry, using legal, economic, administrative and other methods and means of influence, based on available resources. The peculiarity of this public policy is that, first, it is closely linked to both foreign and domestic processes in the country; secondly, has a great influence on the development of all socio-economic
 relations; thirdly, it is provided by a system of public administration bodies headed by the head of state; fourth, it is quite dynamic and costly; fifth, it needs constant control and adjustment by the state. State regulation of flight safety of civil aircraft consists in the formation of state policy and development strategy, defining tasks, functions, conditions of state bodies and use of Ukrainian airspace, application of aviation security measures, adoption of mandatory aviation rules of Ukraine, state control over their implementation and establishing responsibility for their violation. Analysis of flight safety and aviation statistics in recent publications and studies.
 The results of the analysis of statistical data on aviation events that have occurred over the past six years indicate a significant deterioration in flight safety during aviation operations, both in absolute and relative accident rates.
 To increase the level of flight safety, public authorities and aviation entities should take effective measures to implement a safety management system in accordance with the requirements of ICAO, the European Aviation Safety Agency and the European Organization for the Safety of Air Navigation (Eurocontrol) [4, с. 117].

Effects of non-pharmaceutical interventions on social distancing during the COVID-19 pandemic: Evidence from the 27 Brazilian states.

BackgroundDespite substantial evidence on the effectiveness of non-pharmaceutical interventions (NPIs), there is still limited evidence on the individual effects of different types of NPIs on social distancing, especially in low- and middle-income countries.MethodsWe used panel data analysis to evaluate the effects of mandatory social distancing rules on social distancing. We obtained data on six different categories of mandatory restrictions implemented in Brazil, by date and state, from state government gazettes (diários oficiais). We then defined a social distancing rules index (SDI) to measure the strictness of social distancing rules, assigning each a value of 2, 1, or 0 depending on whether restrictions were full, partial, or very limited/non-existent at every given time. A separate variable was defined for masking mandates. We tested whether the following variables were associated to social distancing: SDI, masking mandates, COVID-19 incidence, population socioeconomic status, and political orientation. Data is for each day between March 11th and November 10th, 2020 in the 27 Brazilian states (N = 6615).FindingsSocial distancing increased when social distancing rules were stricter, and decreased when the use of face masks became mandatory. The effects of different types of restrictions varied: suspending in-person classes and gatherings, religious/sport/cultural activities had a greater effect than other types of restrictions. Also, the effect of social distancing rules on people’s behaviour decreased over time, especially when rules were stricter.InterpretationMandatory social distancing rules must be adopted to increase social distancing. Stricter rules have a higher impact, but result in decreased compliance over time. Policymakers should prioritize more targeted policies.

Steering Companies Towards Policy Objectives Through Mandatory Disclosure Rules in EU Law

Mandatory disclosure rules applicable to EU companies, such as the basic information every company is required to disclose on a public register and periodical financial information, have traditionally sought to mediate agency problems between managers and shareholders and company insiders and outsiders. However, mandatory disclosure foreseen in EU law has since expanded beyond that, especially in large companies, listed companies or those carrying out certain activities. Some those more recent mandatory disclosure rules – such as the Shareholders Rights Directive and the environmental and social disclosure rules foreseen in the Non-Financial Reporting Directive and the Sustainable Finance Disclosure Regulation – have gone beyond the traditional end of mediating agency problems (or, in the case of listed companies, provide price informativeness) and have, instead, been seeking to use their effects on corporate governance to steer companies towards distinct policy objectives set out by the legislator. By equipping the potential users of that information – shareholders and stakeholders alike – with more information, the legislator seeks to change the behaviour of the disclosing company without being too forceful or imposing.

Trans-Arctic shipping routes expanding faster than the model projections

Rapid declines in Arctic sea ice coverage over the past four decades have increased the commercial feasibility of trans-Arctic routes. However, the historical changes in navigability of trans-Arctic routes remain unclear, and projections by global circulation models (GCMs) contain large uncertainties since they cannot simulate long-term Arctic sea ice changes. In this study, we determined the changes in trans-Arctic routes from 1979 to 2019 by combining two harmonized high-quality daily sea ice products. We found that the trans-Arctic routes are becoming navigable much faster than projected by the GCMs. The navigation season for open water (OW) vessels along the Northeast Passage (NEP) has lengthened from occasionally navigable in the 1980 s to 92 ± 15 days in the 2010 s. In contrast, previous GCM projections have suggested that navigability would not be achieved until the mid-21st century. The 90-day safety shipping area for OW vessels expanded by 35% during 1979–2018, reaching 8.28 million km2 in 2018, indicating an increasing rate of 0.08 ± 0.01 million km2 per year. The shortest trans-Arctic routes were also shifted further north than the model projections. Regular ships have been able to safely travel north along the islands in the NEP and transit through the M’Clure Strait in the Canadian Arctic Archipelago during the 2010 s, while previous studies have projected that this would not be feasible until the mid-21st century. We also found that the improved navigability of trans-Arctic routes enables commercial ships to transport approximately 33–66% (at the same load factor) more goods from East Asia to Europe during the Arctic shipping season than by the traditional Suez Canal route. These findings highlight the need for aggressive actions to develop mandatory rules that promote navigation safety and strengthen environmental protection in the Arctic.

Knowledge, attitude and practice towards pharmacovigilance among ayurveda physicians and teachers of Gujarat State: A cross sectional study.

Aim:The aim of this study was to assess the knowledge, attitude, and practice towards pharmacovigilance for Ayurveda among the teachers and practitioners working in Ayurveda colleges of Gujarat State.Materials and Methods:A survey questionnaire with 29 questions covering points like participants’ knowledge, attitude and practice towards pharmacovigilance, adverse drug reaction reporting, and misleading advertisements related Ayurveda drugs was developed in Google form format. The study was carried out during December 2020 and January 2021. Question-wise analysis was made and their percentage value was calculated with the help of a Microsoft Excel spreadsheet in MS Office 2010. The result was presented using simple frequencies with percentages in appropriate tables.Results:Results from this study show that majority of the respondents were having a good knowledge regarding the concept of pharmacovigilance and ADRs in terms of their definitions and purposes. But, a complete knowledge regarding the structure of present national and international pharmacovigilance programme, reporting the ADR and its format were still lacking among majority of the participants. An encouraging attitude towards reporting of adverse drug reaction of ASU&H drugs and teaching of Pharmacovigilance for all the healthcare professionals by majority of the participants was observed. Further maximum participants opine a mandatory rule for reporting of ADR by Physicians, Pharmacist and Nursing staff. A major part of respondents (78.03%) opine that poor quality of drug, medication errors, prescription errors, dispensing errors are part of Pharmacovigilance under drug-related problems. The observed positive attitude is not being reflected in term of practice i.e., reporting of ADR related to Ayurveda drugs. One-third of the participants reported their experience about adverse drug reactions during their professional practice, out of which very few have reported ADRs. Difficulty in deciding or identifying the ADR and lack of time to report ADR is one of the major factor discouraging the participants from reporting ADRs. A large number of respondents were also not familiar with reporting misleading advertisements.Conclusion:Findings of this study reflects a good knowledge of the participants about the concept of Pharmacovigilance but unfamiliarity about the programme. The positive attitude towards practice of Pharmacovigilance and ADR reporting can be converted to foster pharmacovigilance practice through series of awareness programmes.

Legal protection against unfair competition under the economic legislation of Ukraine

The article examines the legal nature of unfair competition, regulations governing competition, methods of protection of economic entities in commodity markets, as well as the application of sanctions for violations of Ukrainian legislation on economic competition. According to the Law of Ukraine "On Protection against Unfair Competition", unfair competition is any action in competition that contradicts the rules, trade and other fair practices in business. Unfair competition includes the misuse of an entity’s business reputation, the creation of barriers to the entity’s competition and the achievement of undue competitive advantages, the unlawful collection, disclosure and use of trade secrets. The main methods of unfair competition include economic espionage, counterfeiting of competitors, bribery and blackmail, misleading consumers, fraud with business reporting, currency fraud, concealment of defects and more. The article considers the concept of fair and unfair competition from the point of view of different scientists. There are different approaches to the concept of "unfair competition" in the scientific doctrine, for example, the scientist N. Saniakhmetov notes that "unfair competition is a violation of rules of conduct that have developed, are widely used in business and are recognized by entrepreneurs as mandatory business rules that harm relations of fair competition and freedom of entrepreneurial activity ". According to O. Bezukh, "unfair competition arises as a result of illegal use of other people's intellectual products for commercial purposes, business reputation, other achievements of enterprises, goods or activities of a competitor, misleading consumers about competitors and gaining illegal advantages in competition." The general definition of unfair competition is contained in the Paris Convention for the Protection of Industrial Property, so according to this document, unfair competition is any act of competition that is contrary to fair practice in industrial and commercial matters. The article analyzes the mechanisms of combating unfair competition, highlights the administrative and judicial methods of combating unfair competition. It turned out that the body that deals with the fight against unfair competition is the Antimonopoly Committee. The article analyzes judicial practice in recent years. The provisions of foreign legislation on combating unfair competition have also been studied.

Seismic Fragility Analysis of Low-Rise RC Buildings with Brick Infills in High Seismic Region with Alluvial Deposits

Most of the reinforced concrete buildings in Nepal are low-rise construction, as this type of construction is the most dominant structural form adopted to construct residential buildings in urban and semi-urban neighborhoods throughout the country. The low-rise residential constructions generally follow the guidelines recommended by the Nepal Building Code, especially the mandatory rules of thumb. Although low-rise buildings have brick infills and are randomly constructed, infill walls and soil–structure interaction effects are generally neglected in the design and assessment of such structures. To this end, bare frame models that are used to represent such structures are questionable, especially when seismic vulnerability analysis is concerned. To fulfil this gap, we performed seismic vulnerability analysis of low-rise residential RC buildings considering infill walls and soil–structure interaction effects. Considering four analysis cases, we outline comparative seismic vulnerability for various analysis cases in terms of fragility functions. The sum of observations highlights that the effects of infills, and soil–structure interaction are damage state sensitive for low-rise RC buildings. Meanwhile, the design considerations will be significantly affected since some performance parameters are more sensitive than the overall fragility. We also observed that the analytical fragility models fundamentally overestimate the actual seismic fragility in the case of low-rise RC buildings.

The Italian instructions for the design, execution and control of timber constructions (CNR-DT 206 R1/2018)

In 2007 the Italian National Research Council published the technical document CNR-DT 206/2007 “Instructions for the design, execution and control of timber structures”, with the purpose to provide a technical support to the operators of the sector, in line with the most advanced knowledge at that time. Since then, the world of timber engineering has largely used such document, even though the instructions are not mandatory standard rules, so that they became the most common tool in Italy for the structural use of timber, opening the markets and favouring competition and new applications. In latest years new studies, researches and innovative proposals have promoted the development and the growth of timber constructions also in the civil residential field. The framework of standard rules for constructions and products, both Europeans and Italians, has evolved too. For these reasons, CNR has considered as opportune to proceed to the editing of a new version, updated and widened, namely with the acronym DT 206-R1. The document comes from the spontaneous cooperation of an open group of specialists and operators of the sector, based on a wide discussion on the common scientific and technical expertise and knowledge. The current version has already taken into account the results of the public inquiry phase (concluded by now).The paper presents the main contents of the document, evidencing the innovations.

Every sunset is an opportunity to reset: an analysis of dual-class share regulations and sunset clauses

ABSTRACT The dual-class structure tends to increase the agency costs associated with concentrated ownership, such as those stemming from self-dealing and poor-quality management. While corporate law addresses some agency problems, it is unable to eliminate all agency problems without unduly restricting the freedom of corporate controllers to manage their firms. This article uses theory-based and empirical approaches to demonstrate that a specific type of sunset clause may strike the right balance between, on the one hand, addressing agency problems and, on the other hand, providing an effective incentive for controllers of dual-class companies to increase firm value over the long term. The article evaluates current regulatory responses to the dual-class structure in selected jurisdictions and concludes that the existing arguments against mandatory sunset rules may be flawed. We suggest that a time-based sunset rule may be suitable for high-tech and innovation startups characterised by high-growth rates and low profitability.