Service Obligations Research Articles

On Data Security Protection Obligations of Internet Service Providers

Multiple legal departments must coordinate for internet service providers to meet their data security protection duties. The data security requirement of ISPs necessitates the coordination of multiple legal entities. Observing the data protection obligations of Internet service providers through the lens of a single legal department or a single regulatory regulation is skewed. A better strategy is to concentrate on the issue at hand and to think broadly. By constructing a comprehensive and multi-level data security protection obligation system for Internet service providers based on the "behavior-consequence" model, it is possible to realize the conceptualization and systematization of norms and develop a comprehensive picture of data security. The normative framework of data security protection for ISPs must be constructed using abstract notions, legal principles, and external systems. The "rule-principle" style of legal system construction enables the synchronization of formal and substantive justice, as well as stability and correctness. The normative framework focusing on data security protection is favourable to Internet service provider compliance governance. Effective compliance governance can make ISPs more attentive to the use and security of data.

The Ideal Corporate Governance Model for State Owned Enterprises in Zambia

Purpose: Corporate governance concerns many problems of contemporary corporations and is a dynamically developing discipline of organisation and management science of significant practical importance. The purpose of this study was to explore the current state of corporate governance in these state owned enterprises with a view to develop an ideal corporate governance model for State Owned Enterprises in Zambia. Design/Methodology/Approach: This paper was part of a larger, mixed-method study which employed qualitative measures (cognitive interviews with key informants and reviewing literature on corporate governance models and theories used in other countries). We employed Martin Heidegger’s existential phenomenology as the underpinning philosophy and methods for this study. Findings: The findings indicate that state owned enterprises do not have good corporate governance structures and this is compounded by a complicated legal framework in the country. Major shareholders have more powers in determining board composition and even how the enterprise ought to operate. There are impositions on state owned enterprises where owners hardly finance state owned enterprises and impose public service obligations. In many ways, owners impose restrictions. Research Limitations/Implications: Understanding of the ways in which shareholders are determining the current corporate governance practices could help to advance standard practices and a context specific framework. Methods to ensure the application of cooperate governance should also be explored further. Originality/Value: This is one of the first studies to provide a corporate governance framework for state owned enterprises in Zambia.

The Strategic Case for Public Service Obligation Routes in Air Transport: An Enabler of Place-Based Development in Peripheral Regions

The Strategic Case for Public Service Obligation Routes in Air Transport: An Enabler of Place-Based Development in Peripheral Regions

An Optimal Forecasting Method of Passenger Traffic in Greek Coastal Shipping

Purpose: The main goal of this study is to exact an optimal forecasting method by answering the research question: which is the best model for capturing short-term seasonal components of passenger traffic in Greek coastal shipping? Design/methodology/approach: There are not a lot of scientific efforts in forecasting passenger traffic in Greece. In order to fill this gap, we tried to find an optimal forecasting method, by comparing Box-Jenkins ARIMA, smoothing and decomposition methods. As Greek coastal shipping consists of several concentrated submarkets (lines) we remained in fourteen popular itineraries (including total passenger traffic). Taking into consideration the high seasonality and no stationarity that characterizes those routes we limited our analysis to Winter’s triple exponential smoothing, to time series decomposition method, to simple seasonal model and to seasonal ARIMA models. Findings: The analysis results show that in fourteen popular coastal routes Winters’ multiplicative method, simple seasonal model and decomposition multiplicative trend and seasonal model have the best integration to the time series data. No coastal line led to better results by seasonal Box-Jenkins ARIMA models. Research limitations/implications: The results should be treated with caution since COVID-19 pandemic does not allow safe conclusions for the forecasting period 2020-2022 in GCS. However, the forecasting results of the first quarter of 2020, when pandemic had not fully prevailed, gave encouraging results with little deviations between predicted and actual values. Originality/value: Greek coastal shipping is one of the biggest in Europe serving a large number of passengers and having a large part of the total shipping fleet. It plays an important role for Greek economy and society, as it connects the majority of inhabited islands to mainland. The finding of an optimal forecasting method of passenger traffic is very significant for both business and government policy. Decisions on the number of routes served by shipping companies, on ships by coastal line (number and size), on companies' pricing policy, on public service obligations, on state port infrastructure policy and on the amount of state funding for barren lines are typical examples.

Transport Companies Are Entitled to Compensation for Public Service Obligations Imposed by General Rules · Case C‑614/20 Lux Express Estonia · Annotation by Benjamin Linke

It has been controversial for years whether transport companies were entitled to compensation for the burden of tariff obligations imposed by competent authorities. The ECJ has now granted the transport companies a claim derived from Regulation (EC) No 1370/2007. In view of the political discussions about compensation obligations in the legislative process for the Regulation, this comes as a surprise. Henceforth, however, companies will be entitled to compensation for all negative effects (less all positive effects) of maximum tariffs imposed outside public service contracts through so called general rules.

Human Rights Obligations of Private Security and Military Companies: A Review of the Current Legal Framework and Practices

The rapid growth in demand for private military and security services among states,international organizations and non-state actors has turned this activity into a powerful industry withmillions of people who perform – on a contractual basis and in exchange for monetary rewards – actions,which, however, often pose risks to the rights of others, local communities and nations around theworld. The author explains the urgency of the article by high-profile cases of possible participationof private military companies in the events of the occupation of Crimea and the armed conflict inDonbas, initiation of new legislation on military consulting in Ukraine and, at the same time, by themodest attention of Ukrainian jurisprudence to human rights obligations of companies providingsecurity services as non-governmental entities. The author examines the evolution of some approaches to the international legal regulation of private military and security activities and their compliance with modern approaches to humanrights. The author analyzes the features of corporate responsibility in the field of human rights ofprivate military and security companies, the content of which is embodied in the InternationalCode of Conduct for Private Security Providers (ICoC). The analysis compares the approaches ofthe International Code of Conduct for Private Security Providers and the UN Guiding Principleson Business and Human Rights.

Public Service Obligation Levy in the Context of Energy Sustainability and Security: The Cases of Ireland, Greece, Denmark and Lithuania

Energy policy affects the functioning of the economic and financial systems of countries worldwide. This paper provides a theoretical overview of the economy–energy nexus and discusses the particular cases of the energy policy dynamics amid the sustainability goals. This paper integrates multiple perspectives on the energy–economy nexus, with a particular focus on the energy trilemma, 4As of energy security and PESTEL approach. This allows the development of a comprehensive framework for the analysis of energy security and the sustainability interaction. A review of manifestations of the different dimensions of energy security and sustainability is carried out to identify the most topical facets of the issue. Then, the cases of the selected European Union countries (Ireland, Greece, Denmark and Lithuania) are presented to highlight the effects and features of the recent energy policy changes there. Indeed, these countries apply a PSO levy mechanism on electricity tariffs and are diverse in their geopolitical situation, economic development, geographical situation and energy dependency level. The analysis of the situations of such different countries applying the PSO levy mechanism makes it possible to perform a broader and more in-depth assessment and comparison of electricity tariff regulations. Thus, the developed theoretical model is applied to identify the major outcomes of the energy policy regimes (with a focus on tariff regulation) in the selected countries.

Provider of last resort in emerging electricity markets: Lessons from telecommunications deregulation

A regulated network service provider of an essential service is often required to serve as a Provider of Last Resort (POLR). This obligation has traditionally entailed three fundamental elements: 1) connect customers to the grid so that service is universally available in the monopoly franchise territory (universal service obligation); 2) offer service of comparable quality in all areas of the monopoly franchise territory at comparable rates; and 3) assure a resilient network that withstands sudden service interruptions and recovers quickly from outages. However, these POLR obligations may need to be adjusted when a utility’s monopoly begins to erode, e.g., as a result of competitive entry, technological change, a public policy shift, and/or deregulation. This paper draws on experiences in the gradual deregulation of the telecom industry that offer insights for developing effective public and regulatory policy with respect to POLR obligations, as the electric utility industry experiences competitive entry.

The “Flip Side” of Peter the Great’s Reforms

Under discussion the question if Peter the Greats reforms were truly revolutionary. The author focuses on two aspects: the extent to which his innovations altered the patrimonial system that had dominated Muscovy over the previous three centuries, and the role arbitrariness, bribery, embezzlement and other kinds of corruption played during his reign. She examines the first Russian emperors changes that most affected Russias various estates, including the introduction of a poll tax, the conversion of peasants on state lands into state serfs, as well as the intensification of the nobilitys service obligations and the reduction of its privileges. The author concludes that Peter not only did not destroy Muscovys traditional patrimonial system, but intensified it and even used it to impose his reforms on a reluctant population. Meanwhile, although the emperors initiatives in the sciences, arts and secular education were important, they only affected the upper class. In other respects, Peters efforts to westernize his realm were only superficial. The author also considers how Russians regarded the notion of freedom. She argues that there is a connection between seemingly opposite phenomena - the popular desire for freedom and arbitrariness of the service nobility. The author pays particular attention to corruption, which she considers to have had a major impact on the governments relationship with the elite, and was tolerated both to maintain the latters loyalty but also to manipulate it.

What Moves Physicians to Work in Rural Areas? An In-Depth Examination of Physician Practice Location Decisions

This study contributes to the current understanding of what drives physicians to practice in rural areas by analyzing new, comprehensive survey data of practicing physicians in the United States. This research confirmed that rural origin is a powerful and reliable predictor for rural practice and revealed that new and experienced physicians have different priorities regarding location choice. Physicians choosing rural practice locations are more likely to be motivated by compensation, the resemblance of the environment to the one they grew up in, patient needs, and prenegotiated service obligations or visa/immigration status. They are less likely to attribute their location choice to social network proximity. These findings have important implications for salary incentives and policy initiatives aimed at increasing the rural physician workforce. The results of this study will help decrypt the difficulties rural areas face in attracting and retaining medical and other professionals and inform policy development.

An Assessment of Physician Well-Being and Burnout Among Army Obstetricians and Gynecologists.

Physician burnout is associated with unsafe patient care and poor patient satisfaction. Civilian studies show burnout rates of 46% among obstetricians/gynecologists (OB/GYNs). Army Active Duty (A-AD) physician burnout rates range from 7.7% to 26% across specialties, but no studies have assessed A-AD OB/GYN burnout. The objective of this study was to quantify well-being of A-AD OB/GYNs by determining rates of professional fulfillment (wellness) and burnout and detect factors of potential protective or risk for wellness and burnout. A cross-sectional survey-based study was designed to determine well-being of A-AD OB/GYNs. This Institutional Review Board-approved study used the validated Professional Fulfillment Index. The survey was shared anonymously via email to 197 A-AD OB/GYNs. Additional questions asked as possible risk factors for burnout include location, training status, fellowship training, and remaining active duty service obligation (ADSO). Wellness and burnout rates were determined using published scales. Mean rates of wellness and burnout were reported, and chi-square tests detected associations between wellness/burnout and other variables. Eighty-three A-AD OB/GYNs responded to the survey (42%), with 73 available for full analysis. 26.5% had positive wellness, and 50% reported burnout. Completing fellowship training and shorter ADSO (of 0-2 years compared to >5 years) had higher rates of wellness. There were no differences in burnout among groups. Burnout rates in A-AD OB/GYNs appear higher than A-AD physicians of other specialties but are similar to civilian OB/GYNs. Fellowship training may confer higher rates of wellness. Further research is needed regarding improvements in A-AD OB/GYN well-being and burnout.

Debt Service Payments and Economic Growth in Nigeria

The problems of accumulating capital for the provision of basic infrastructures in the less developed countries (LDCs), Nigeria in particular, have been the challenges deterring their consistent growth. This is also compounded by the accumulation of debt service payment areas which constitute one of the serious obstacles to the inflow of external resources into the economy. From the foregoing, there is need to examine the impact of debt service payments on economic growth in Nigeria. The study made use of data collected from Central Bank of Nigeria (CBN) and World Bank Database from 1981 to 2019 using ARDL regression method of analysis. The results showed that debt service payment (TDS_GNI), exchange rate (EXR), external debt (EXTD_GNI) and foreign direct investment (FDI_GDP) have positive relationship with economic growth (GR) in Nigeria. All these variables except exchange rate have significant impact on economic growth within the period under consideration. The ECM coefficient of -0.205 indicates that any deviation from the long-term equilibrium between variables will be corrected by about 20.5% each year. Based on the findings the study suggests that debt service obligation should not be allowed to rise more than foreign exchange earnings and that the loan contracted should be invested in profitable venture, which will generate a reasonable amount of money for debt repayment. The study recommended amongst others the needs for the country to develop a framework and strategy for closing its resource gap in order to achieve the objective of halving poverty by 2030.

Behavioral economics of substance use: Understanding and reducing harmful use during the COVID-19 pandemic.

Behavioral economic research demonstrates that alcohol and drug consumption is (a) an inverse function of constraints on access to the substance and (b) a direct function of constraints on access to alternative rewards. Physical distancing interventions and economic consequences of the COVID-19 pandemic have resulted in unprecedented reductions in many of the constraints on substance use and in critical evolutionarily salient sources of alternative reward, such as social interaction, physical activity, leisure activities and hobbies, and academic and occupational pursuits. Thus, behavioral economics suggests that the pandemic and necessary public health response have created a "perfect storm" for exacerbation of individual-level and population-level substance use problems and also points to multilevel intervention strategies. We summarize this perspective and research by highlighting 3 critical behavioral processes that will influence drug and alcohol consumption. First, the sudden absence of many effective constraints on substance use (work, school, community, or service obligations) will reduce the actual and perceived cost of use. Second, physical distancing measures will reduce the availability, and increase the cost, of many rewarding substance-free activities and commodities. Third, increased uncertainty around current and future events increases discounting of delayed rewards. These effects will be especially pernicious among populations with existing health disparities. Next, we outline interventions suggested by behavioral economics to mitigate the impact of COVID-19 on substance use that are aimed at increasing perceived costs of use; increasing access to substance-free activities, including treatment; and lengthening the timeframe for behavioral allocation and altering environmental contexts to promote healthy choices. (PsycInfo Database Record (c) 2021 APA, all rights reserved).

DECISION-MAKING MECHANISMS REGARDING THE ESTABLISHMENT OF THE FINANCING SOURCES OF THE INVESTMENT PROGRAMS IN PUBLIC UTILITY SERVICES

This paper is an empirical study that addresses a topical issue in terms of decision-making methods for setting up sources of funding for investment programs in public utilities in Romania. In order to ensure a high level of security and accessibility, equal treatment, promotion of universal access and users’ rights, public utilities are subject to specific public service obligations. Considering that in the utilities services there is still a process of implementation of the European requirements regarding the satisfaction of the quantitative and qualitative requirements of the users; consumer protection and quality of life, environmental conservation in accordance with specific regulations in force, sustainable development, protection and capitalization of the public and private domain of territorial administrative units, it is necessary to introduce modern management methods to achieve these desired. The deepening of the notions, of the particularities in the field, creates the premises for finding optimal and viable solutions regarding the improvement of the legal framework of functioning and operation in the public utilities services, so that the decisional and financial mechanisms are the optimal ones in the concrete socio-economic conditions. Considering the public and permanent functioning of the public utility services, the approached topic is of a real interest for any entity in the field concerned with the efficient, economic and effective management of the public utility system. In this regard, the establishment of the maintenance, replacement, development fund for all entities in the field of public utility services (and not only for those receiving external funds) is a real opportunity, highlighted and supported by existing investment programs in the field of water, sewerage, wastewater treatment and rainwater collection.

국외 병역의무자의 유형과 관련한 병역법 개정방안

Based on the current Constitution, as prescribed by law, all citizens have national defense obligations, and no one is treated unfavorably for the performance of military service obligations. By fulfilling the national defense obligations or military service obligations, the people defend their land and preserve the state. Defense obligations in a broad sense include not only military service obligations, but also air defense and defense, military operation cooperation, national security, and duty of mobilizing wartime labor. In other words, according to the principle of national opening, there are not only conscription obligations under the current Military Service Act, but also air defense, emergency disaster prevention, emergency rescue recovery, and support for efforts due to military operations. In addition, under the Establishment of Local Reserve Forces Act, the service of reserve forces is also obligated within the normative scope of the relevant law.BR In Korea, discussions on military service laws such as recruitment system, women

Penerapan Hybrid Contract sebagai Inovasi pada Produk Pembiayaan Multijasa di Lembaga Keuangan Syariah

Rapid product development is carried out by Islamic Financial Institutions (LKS) in providing alternative services to the needs of the community which are carried out based on sharia principles. The development of these services is provided both in the form of banks and non-banks as well as in the form of storage or other types of services as well as in the form of financing. However, due to more complex customer needs, LKS requires innovation in order to get convenience in its operational activities. So, in innovating with hybrid contracts, it becomes an important thing. This research uses a literature study with a normative juridical approach, which is carried out by collecting, studying and reviewing books, scientific magazines and documents related to this research such as theses and scientific articles. The results of the study state that in the application of hybrid contracts in multi-service financing products at Islamic Financial Institutions (LKS) generally use ijarah contracts according to the DSN-MUI fatwa. In this case, if the LKS uses the ijarah contract, it must comply with the provisions of the fatwa as the service provider or the benefits obtained from the LKS. Meanwhile, if in a hybrid contract one or more contracts are added, in this case it is added with a wakalah contract, then the customer has the power to carry out his own costs. However, if there are customers who still have to pay ujrah for the ijarah contract, it is called usury. Because this is not justified in sharia principles and is not in accordance with the ijarah fatwa concerning the multiservice, the bank does not fulfill its service obligations as the fatwa regarding multiservice as well as the kafalah contract. Thus, there is an alternative in this multi-service financing, namely by using hawalah bil ujrah and wakalah contracts which are more flexible and their implementation as an innovation, namely combining these contracts with the aim of making banking operations easier, reaching wider and able to meet the needs of more customers.
 

Africa’s Development Debts

Public debt levels in sub-Saharan Africa rose sharply in the wake of the global financial crisis, and a number of countries are now classified by the World Bank and International Monetary Fund as at high risk of debt distress. By contrast with the debt crisis of the 1980s and 1990s, however, concerns were not region wide as recently as early 2020, and the policy environment for growth remains robust for the majority of countries in the region. The external environment nonetheless poses a set of region-wide risks that include the economic effects of the COVID-19 pandemic and are exacerbated by the increase in market-based debt and the retreat of the Paris Club among official creditors. Changes in perceived creditworthiness can now drive distress, and new challenges of creditor coordination will complicate the debt restructuring process. We motivate a research agenda that focuses on development assets at risk as rising debt service obligations crowd out development as well as operational and maintenance budgets. Preserving and enhancing these assets, which include advances in human capital and infrastructure and an improved investment environment, should be a central objective of domestic policy actions, preventative debt restructurings and institutional approaches to debt distress.

Pengaruh Kepatuhan Pajak, Kewajiban Moral Sanksi Perpajakan, Kaulitas Pelayanan, Dan Penerapan E-Filing Terhadap Kepatuhan Wajib Pajak (Studi Empiris Pada Kantor Pelayanan Pajak Pratama Jayapura)

Tax Compliance Costs, Moral Obligations, Tax Sanctions, Quality of Service and Application of E-Filing are among the factors affecting Taxpayer Compliance, so it needs to be improved. The purpose of this study is to determine the Effect of Tax Compliance Costs, Moral Obligations, Tax Sanctions, Quality of Service and Application of E-Filing to Taxpayer Compliance.The data collection technique used in this study was a questionnaire (Angket) with 100 WPOP respondents. The data analysis in this study was conducted quantitatively, using multiple linear regression statistical tools with the help of IBM SPSS 24 software. This is to find out the varaibel picture of Tax Compliance Costs, Moral Obligations, Tax Sanctions, Quality of Service and Application of E-Filing to Taxpayer Compliance.The results of this study prove that there is a significant influence between the variables of Moral Obligation and Quality of Service. Meanwhile, variable Tax Compliance Costs, Tax Sanctions, and E-Filing Implementation have no significant effect on Taxpayer Compliance.

Assessing efficiency in public service obligations in European air transport using Data Envelopment Analysis

In recent years, the use of Public Service Obligations (PSOs) in air transport policy has substantially increased. In remote regions, where air transport services are not profitable, the application of this subsidy program is crucial for the economic and social development of these regions. However, there is a great diversity in the provision of PSO services among different regions in Europe. Therefore, it is essential to assess the performances of the air carriers operating in different PSO routes. The present study uses Data Envelopment Analysis (DEA) to assess the efficiency of PSO routes within the European Union and compares them with the performances of the operating airlines, both when operating under this subsidy program and when operating their regular flights. First, DEA was applied to the annual data of several European airlines, and then applied to the data of their PSO routes, so that a comparison can be made between the performance obtained on regular flights and flights under the PSO regime. The results identify which airlines had the best and worst performances, as well as the routes and respective regions of Europe where the airlines tend to score higher and lower in terms of efficiency. Results suggest that the Nordic European countries and the United Kingdom were the regions where air carriers obtained the lowest results, and thus, this empirical evidence should support the public authorities to consider revisiting their PSO contracts, in order to improve their operation.

Revisiting the Universal Service Obligation Scheme

In this Journal’s tradition of revisiting past papers which have relevance to today’s events, this article reminds us of the value of the paper “Better telecommunications services for all Australians.” (2015) by Reg Coutts. This paper makes five interrelated recommendations to replace the current Universal Service Obligation (USO) policy in Australia, given the NBN rollout and customer preference for mobile services anywhere anytime. Some of its recommendations were arguably taken up by the Productivity Commission’s Public Inquiry into the USO in 2016-17, and implemented by the Australian Government in the form of a new Universal Service Guarantee.