scholarly journals ON THE SUBJECTS OF COMMERCIAL (TRADE) LAW

2020 ◽  
pp. 105-112
Author(s):  
N. V. Kuznetsova
Keyword(s):  
Legal Status ◽  
Global Network ◽  
Internet Commerce ◽  
Commercial Law ◽  
Trade Relations ◽  
Trade Law ◽  
Information Intermediaries ◽  
The Subject ◽  
Commercial Trade

The article examines the system of subjects of commercial (trade) law, as well as the criteria for their classification. In the doctrine of commercial (commercial) law, the problem of distinguishing its subjects and their legal features has remained controversial for many years. The author pays special attention to the concept and legal characterization of such ambiguously determined trading participants as resellers and trade facilitators. The author considers the features of the legal status of participants in trade relations, which allow them to be attributed to a certain category of subjects of commercial law.The article also examines the problems of changing the subject composition of trade relations in the context of the development of digital technologies and electronic commerce. In this regard, the norms of legislation and the positions of lawyers are analyzed with respect to new categories of participants in trade relations, the activity of which has become widespread in the process of developing Internet commerce — aggregators, as well as subjects of the information infrastructure of trade — the so-called information intermediaries and other persons providing commercial services in the global network.

Regionalism in the WTO and the Legal Status of a Development Agenda in the EU/ACP Economic Partnership Agreement

2009 ◽  
Vol 78 (2) ◽  
pp. 225-248
Author(s):  
Yenkong Ngangjoh Hodu
Keyword(s):  
Legal Status ◽  
Dispute Settlement ◽  
Trade Agreements ◽  
Trade Relations ◽  
Trade Law ◽  
European Court ◽  
African Caribbean ◽  
Economic Partnership ◽  
Partnership Agreement ◽  
The Eu

AbstractThe proliferation of regional trade agreements (RTAs) which share similar ideals with the World Trade Organization (WTO) has added to claims of disintegration within international trade law. Notwithstanding the ambiguity surrounding the reading of General Agreement on Tariffs and Trade (GATT) Article XXIV on RTAs, WTO members are continuously negotiating RTAs with objectives which have so far not received universal acceptance under the WTO treaty system. In the context of European Union (EU)-Africa trade relations, the December 2007 EU-Africa summit was expected to be an appropriate venue for leaders from both sides to resolve the controversy surrounding the idea of development-friendly free trade agreements between the contracting parties. But, the summit was wrapped up without achieving any clear answer to this issue. Similarly, at the multilateral level, i.e. the WTO Doha Development Round negotiations, which the EU and the African, Caribbean and Pacific Group of States have sponsored, numerous development-friendly proposals on RTAs stalled since July 2006. Consequently, in view of this controversy, if development concerns can be factored into economic partnership agreements (EPAs), what would be an acceptable threshold for such RTAs to conform to GATT Article XXIV requirements of “substantially all trade” and “reasonable period of time”? This paper discusses the idea of development and WTO compatibility in the context of the EU-Africa Economic Partnership negotiations. In view of the flawed dispute settlement provisions under the Cotonou Partnership Agreement (CPA), the paper further tries to answer the question of whether the CPA contains rights and obligations that need protection by individual EU member courts and may necessarily be enforced before the European Court of Justice. The paper ends with some thoughts on the post-EPAs adjustment programme.

The Legal Status of Cryptocurrencies in the Russian Federation

2018 ◽  
Vol 11 (2) ◽  
pp. 129-137 ◽  
Author(s):  
E. L. Sidorenko
Keyword(s):  
Civil Rights ◽  
Russian Federation ◽  
Legal Status ◽  
Virtual Currency ◽  
Content Analysis Method ◽  
Crypto Currency ◽  
The Subject ◽  
The Russian Federation ◽  
Historical Comparative ◽  
Definition Of

The paper focuses on the definition of the legal status of the cryptocurrency in the framework of the current Russian legislation. The subject of the research is the principal scientific and practical approaches to determining the object of civil rights and the object of acquisitive crimes in terms of their adaptability to cryptocurrencies. The purposes of the work were the search for a universal algorithm for resolving civil disputes related to the turnover of the crypto currency, and the qualification of the virtual currency theft (fraud). By using historical, comparative legal and dialectical methods as well as the content analysis method parallels between cryptocurrencies and individual objects of civil rights (a thing, property rights, other property) were drawn, and a number of options for qualifying the actions related to the non-repayable withdrawal of the cryptocurrency were proposed. Finally, the paper analyzes the draft laws prepared by the RF Ministry of Finance and the Central Bank of the Russian Federation and presents the author’s vision of the prospects for legalizing the cryptocurrency as an object of civil rights.

ISLAMIC COMMERCIAL LAW

1997 ◽  
Vol 14 (3) ◽  
pp. 17-37
Author(s):  
Mohammad Hashim Kamali
Keyword(s):  
Risk Reduction ◽  
Basic Question ◽  
Depth Information ◽  
Commercial Law ◽  
Other Hand ◽  
Legal Perspective ◽  
Financial Speculation ◽  
The Subject ◽  
Options Trading

This essay is presented in two sections. Section one is devoted to amarket analysis of options, and section two to a Shari'ah perspective onoptions trading. There is no real shortage of information in the operationalprocedures of options and the various ways in which options areutilized as trading vehicles and hedging and risk-reduction devices. Onthe other hand, there is a shortage of in-depth information analyzingoptions trading from the perspective of the Shari'ah. The second part ofthis essay is tentative, in part because certain aspects of the issue needfurther development and research. The literature on the subject is in itsearly stages and has not reached a stage where consensus on issues canbe identified. This is borne out perhaps by the divided opinion that wehave at present over the basic question of the validity or nonvalidity ofoptions from an Islamic legal perspective. I shall review these twoopposing currents of opinion in due course. Suffice it here to note thatthis presentation does not seek to advocate the validity of those varietiesof options which either directly or indirectly proceed on the charging offixed interest to accounts. This may be said to be one of the distinctivefeatures of the Shari'ah perspective on options-just as it is of all varietiesof commercial transactions in Islamic law.My review of the mechanics of options trading in the first section ofthis essay broadly indicates that options trading does not proceed oncharging of fixed interest, nor does it involve unwarranted risk takingand uncertainty (gharur). Options trading has a logic of its own, whichis dominated by the idea of risk reduction and hedging against excessivelylarge positions in its underlying assets. From the perspective ofIslamic law this aspect of options is attractive and hence, from this perspectiveI make the case for the legality of options. I may also add herein passing that options trading cannot be equated with gambling or overindulgencein financial speculation. as it is basically designed to ...

The Image of the Accountant in a German Context

2004 ◽  
Vol 4 (1) ◽  
pp. 62-89 ◽  
Author(s):  
Andreas Hoffjan
Keyword(s):  
Content Analysis ◽  
Empirical Study ◽  
Cost Reduction ◽  
Maximum Degree ◽  
Work Ethic ◽  
Personal Characteristics ◽  
Management Accountant ◽  
The Subject ◽  
Professional Context

This study introduces content analysis as a method of examining the accountant's role. The empirical study is based on 73 advertisements, which are directed primarily at employees who are affected by the management accountant's work. The findings of the study indicate that the subject of accountancy is used particularly in connection with promises of “cost reduction.” Consequently, the majority of advertisements use the accountant stereotype of “savings personified.” In a professional context, the work ethic of the management accountant is given particular emphasis in the advertisements. He/she identifies him/herself with his/her task to the maximum degree, is regarded as loyal to his/her company and, for the most part, is well organized in his/her work. However, the characterization of the management accountant as a well disciplined company-person conflicts with the negative portrayal of his/her professional qualities. In advertisements, the management accountant is portrayed as a rather inflexible, passive, and uncreative specialist who, as a result of these qualities, often demotivates others. The personal characteristics of the management accountant are shown in a negative light. This gives him/her the unappealing image of a humorless, envious, dissociated, and ascetic corporate-person.

Case Analysis: The Gabčíkovo-Nagymaros Case: The Law of Treaties

1998 ◽  
Vol 11 (2) ◽  
pp. 321-344 ◽  
Author(s):  
Malgosia Fitzmaurice
Keyword(s):  
International Law ◽  
Legal Status ◽  
Case Analysis ◽  
Vienna Convention ◽  
Fundamental Change ◽  
Unilateral Termination ◽  
The Subject ◽  
The Law ◽  
International Law Commission ◽  
Law Commission

The subject-matter of this article are the issues of treaty law as expounded in the Judgment in the Gabčíkovo-Nagymaros case. The following problems are discussed: unilateral suspension and abandonment of obligations deriving from the binding treaty; the principle of fundamental change of circumstances; unilateral termination of a treaty; applicability of the 1969 Vienna Convention on the Law of Treaties in this case; legal status of so-called ‘provisional solution’; impossibility of performance and material breach of treaty; the application of the principle of ‘approximate application’; and the principle pacta sunt servanda. The issues arc discussed at the background of the Drafts of the International Law Commission.

scholarly journals Axiomatization and Measurement of Quasi-Hyperbolic Discounting *

2014 ◽  
Vol 129 (3) ◽  
pp. 1449-1499 ◽  
Author(s):  
José Luis Montiel Olea ◽  
Tomasz Strzalecki
Keyword(s):  
Hyperbolic Discounting ◽  
Partial Identification ◽  
Axiomatic Characterization ◽  
Discount Factors ◽  
Elasticity Of Intertemporal Substitution ◽  
Trade Offs ◽  
Subject Pool ◽  
Identification Approach ◽  
The Subject

Abstract This article provides an axiomatic characterization of quasi-hyperbolic discounting and a more general class of semi-hyperbolic preferences. We impose consistency restrictions directly on the intertemporal trade-offs by relying on what we call “annuity compensations.” Our axiomatization leads naturally to an experimental design that disentangles discounting from the elasticity of intertemporal substitution. In a pilot experiment we use the partial identification approach to estimate bounds for the distributions of discount factors in the subject pool. Consistent with previous studies, we find evidence for both present and future bias.

Characterization of stable processes by identically distributed stochastic integrals

1980 ◽  
Vol 12 (3) ◽  
pp. 689-709 ◽  
Author(s):  
M. Riedel
Keyword(s):  
Stochastic Process ◽  
Stable Process ◽  
Convergence In Probability ◽  
Stochastic Integrals ◽  
Stable Processes ◽  
Process With Independent Increments ◽  
Independent Increments ◽  
The Subject

Let X(t) be a homogeneous and continuous stochastic process with independent increments. The subject of this paper is to characterize the stable process by two identically distributed stochastic integrals formed by means of X(t) (in the sense of convergence in probability). The proof of the main results is based on a modern extension of the Phragmén-Lindelöf theory.

scholarly journals Characterization of interferences to in situ observations of <i>δ</i><sup>13</sup>CH<sub>4</sub> and C<sub>2</sub>H<sub>6</sub> when using a cavity ring-down spectrometer at industrial sites

2017 ◽  
Vol 10 (6) ◽  
pp. 2077-2091 ◽  
Author(s):  
Sabina Assan ◽  
Alexia Baudic ◽  
Ali Guemri ◽  
Philippe Ciais ◽  
Valerie Gros ◽  
...  
Keyword(s):  
Near Infrared ◽  
Field Tests ◽  
Isotopic Signature ◽  
Ambient Conditions ◽  
Industrial Sites ◽  
Source Determination ◽  
Infrared Spectral ◽  
The Subject

Abstract. Due to increased demand for an understanding of CH4 emissions from industrial sites, the subject of cross sensitivities caused by absorption from multiple gases on δ13CH4 and C2H6 measured in the near-infrared spectral domain using CRDS has become increasingly important. Extensive laboratory tests are presented here, which characterize these cross sensitivities and propose corrections for the biases they induce. We found methane isotopic measurements to be subject to interference from elevated C2H6 concentrations resulting in heavier δ13CH4 by +23.5 ‰ per ppm C2H6 ∕ ppm CH4. Measured C2H6 is subject to absorption interference from a number of other trace gases, predominantly H2O (with an average linear sensitivity of 0.9 ppm C2H6 per  % H2O in ambient conditions). Yet, this sensitivity was found to be discontinuous with a strong hysteresis effect and we suggest removing H2O from gas samples prior to analysis. The C2H6 calibration factor was calculated using a GC and measured as 0.5 (confirmed up to 5 ppm C2H6). Field tests at a natural gas compressor station demonstrated that the presence of C2H6 in gas emissions at an average level of 0.3 ppm shifted the isotopic signature by 2.5 ‰, whilst after calibration we find that the average C2H6 : CH4 ratio shifts by +0.06. These results indicate that, when using such a CRDS instrument in conditions of elevated C2H6 for CH4 source determination, it is imperative to account for the biases discussed within this study.

Current research in the engineering design requirement

2002 ◽  
Vol 216 (3) ◽  
pp. 375-388 ◽  
Author(s):  
M J Darlington ◽  
S J Culley
Keyword(s):  
Engineering Design ◽  
Requirements Engineering ◽  
Software Requirements ◽  
Design Domain ◽  
Design Requirement ◽  
Design Task ◽  
Design Goal ◽  
Starting Point ◽  
The Subject

The design requirement is a description of the desired solution to a problem. In engineering design, as in all other, a clear expression of a well-formulated design goal is vital for successful and efficient completion of the design task. The nature of the design requirement and the processes by which it is achieved have been the subject of a wide variety of research. The purpose of the paper is twofold. Firstly, it sets out to collate and discuss representative research in this area in order to give an overview of the current scope of the work. Secondly, it seeks to draw a comparison with the task of developing the design requirement for software and information systems and to initiate a discussion that considers to what extent the substantial body of research in software requirements engineering might help to give an understanding of the design requirement for the engineering design domain. A tentative characterization of the differences between the tasks in the two domains is presented, and representative papers from requirements engineering are used to suggest areas of overlap as a starting point for further investigation.

Giraldi's Hecatommithi, Deca II, 1: Central Version in the Diffusion of the Courtly Cid Theme

PMLA ◽  
1951 ◽  
Vol 66 (5) ◽  
pp. 785-794
Author(s):  
Joseph G. Fucilla
Keyword(s):  
New York ◽  
Early Treatment ◽  
Point Of View ◽  
Common Source ◽  
The Subject ◽  
El Cid ◽  
Premiere Partie

Guillén de Castro in his Mocedades del Cid presents us with a characterization of his hero which differs radically from the Cid of the Romancero and the Crónicas. He transforms the renowned medieval warrior into a courtly knight. Ernest Mérimée in the Première Partie des Mocedades del Cid de Guillen de Castro (Toulouse, 1890, page cvi) takes note of the metamorphosis and attributes it to the playwright's inventive genius. But in his brochure, The Cid Theme in France in 1600 (Minneapolis, 1920), Gustave L. Van Robsbroeck casts some doubt on this point of view by bringing to light a novel by Antoine Du Périer, La Eayne et l'Amour d'Arnoul et de Clayremonde (Paris, 1600), containing features similar to the Castro story including the element of courtliness, which, of course, obviously antedate the play. His conclusion is that “There existed a common source—probably a Spanish source—for both the Eayne et L'Amour d'Arnoul et de Clayremonde and Las Mocedades del Cid” (p. 15). Barbara Matulka further enlarges on the subject in her The Cid as a Courtly Hero: from Amadis to Corneille (New York, 1928, pp. 6–40). She notes an early treatment of the courtly Cid theme in Feliciano de Silva's Florisel de Niquea (1532–51) representing books x, xi, and xii of the Amadis series, and cites Jimenez de Ayllon's Los Famosos y Herôicos Hechos del Invencible Cavallero el Cid Ruy Diaz de Bivar (1568) to show that the Cid had been introduced to court prior to the Mocedades and to point out that Ayllon's epic contains situations and details similar to those found in the play. These works, Miss Matulka claims, have been influential through intermediary links between them and our dramatic piece. There is no question but that she is partially correct in her contention, and this we shall endeavor to prove through the discussion of materials which she failed to utilize at the time she made her investigation.

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