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2021 ◽  
pp. 1-12
Author(s):  
Colin MacCabe

‘A publication in post-First World War Paris’ provides an overview of James Joyce’s major works, including Ulysses, Dubliners, A Portrait of the Artist as a Young Man, and Finnegans Wake. The theme of exile is central to much of Joyce’s work, as well as questions of sexuality and the rejection of the Catholic Church. The concern with sexuality led many to try and censor Joyce’s work. Thus, his work was often subjected to censorship and criticism. Despite being considered to be the greatest master of prose fiction writing in English, Joyce’s work had to overcome innumerable legal difficulties to find an audience.


2021 ◽  
Vol 12 (3) ◽  
Author(s):  
Abelardo Morales-Gamboa

Central American migration flows take place mostly through two main corridors: the northern corridor to the United States, and the southern corridor to Costa Rica. Using the concept of fragility, in this article I analyse how migration combines the precarity and vulnerability that Central American workers face, both in their home country and in the corridors toward the destination labour markets. Their movements and the conditions they encounter reflect a new scale of local and transnational labour relationships. Migrant workers constitute a segment of the workforce in transnational corridors, which circulates between several informal activities but also among key sectors of the formal economy; the latter often takes advantage of their social, occupational and even legal difficulties. Keywords: Central America; migrant workers; labour markets; informal economy; labour corridors


Significance Nigeria will be the 15th country to launch a pilot of central bank digital currency (CBDC); China was the first major economy to do so. A further 68 central banks are in the research and development phases that precede a pilot. Impacts China may roll out its CBDC nationwide in 2022, and if so, could force the United States to accelerate its own CBDC project. CBDC projects are fraught with technical and legal difficulties, and planned schedules may not always be held. CBDCs will not compete with non-digital currencies until more major economies disseminate a CBDC. Cash still dominates in many nations and CBDC adoption will be slower where people are reluctant to lose the anonymity of cash payments.


Author(s):  
Al'bina Slavovna Lolaeva ◽  
Kristina Ushangievna Sakaeva

Ethical norms and the law are indispensably linked in the modern society. The adoption of major legal decisions is affected by various ethical rules. Artificial intelligence transforms the indicated problems into a new dimension. The systems that use artificial intelligence are becoming more autonomous by complexity of the tasks they accomplish, and their potential implications on the external environment. This diminishes the human ability to comprehend, predict, and control their activity. People usually underestimate the actual level of the autonomy of such systems. It is underlined that the machines based on artificial intelligence can learn from the own experience, and perform actions that are not meant by the developers. This leads to certain ethical and legal difficulties that are discussed in this article. In view of the specificity of artificial intelligence, the author makes suggestions on the direct responsibility of particular systems. Based on this logic, there are no fundamental reasons that prevent the autonomous should be held legally accountable for their actions. However, the question on the need or advisability to impose such type of responsibility (at the present stage specifically) remains open. This is partially due to the ethical issues listed above. It might be more effective to hold programmers or users of the autonomous systems accountable for the actions of these systems. However, it may decelerate innovations. This is namely why there is a need to find a perfect balance.


Author(s):  
Hare Christopher

Whilst the letter of credit has been the dominant force in the trade-finance area, its utility has increasingly been challenged by technology, regulation, and competition from other financial products. Additionally, there are some circumstances where economic, political, or financial instability makes the letter of credit inapt. This is because the letter of credit requires a certain level of financial stability and an appropriate institutional framework to function properly. In such circumstances, the parties may resort to trade finance mechanisms that can withstand such instability. The prime example is countertrade, whereby goods or services are used to ‘pay’ for goods or services. Whilst this form of transacting is not without its legal difficulties, countertrade may provide a useful trade-finance device in times of crisis, such as the global coronavirus pandemic.


Author(s):  
Hare Christopher

Letters of credit have increasingly come under strain as a payment mechanism in international trade as a result of increased technology, competition, and regulation. At the same time, the letter of credit’s efficiency has reduced over time as a result of its processing costs and speed. The space created by the decline of the letter of credit has been filled by trade parties turning to open account and prepayment terms, whilst using Supply Chain Financing (‘SCF’) techniques to provide the requisite liquidity. The advantages of such payment terms are principally their speed, convenience and cost, all of which the letter of credit increasingly lacks. Accordingly, it is unlikely that this trend towards SCF techniques will abate any time soon. Nevertheless, there are still legal difficulties associated with such payment and liquidity-enhancing techniques, as well as uncertainty associated with the regulatory and accounting treatment of these devices. If open-account trading and SCF techniques are going to eclipse the letter of credit as a payment mechanism, these challenges will have to be addressed.


2021 ◽  
Vol 12 (2) ◽  
pp. 308-320
Author(s):  
Tamar LUSTER ◽  
Einat ALBIN ◽  
Aeyal GROSS ◽  
Miriam TABENKIN ◽  
Nadav DAVIDOVITCH ◽  
...  

Israel’s vaccination percentage was among the highest recorded worldwide. The Israeli government opted for a model using a proof-of-vaccine document (“Green Pass”). However, the “Green Pass” policy raises practical, legal and ethical concerns. While immunisation passports could be utilised to protect one’s health, significant legal difficulties arise from their usage as a vaccination encouragement scheme. Protecting health is a proper purpose, particularly as minimising the pandemic ameliorates the human rights violations that stem from the COVID-19 response, enables individuals to return to their daily lives and enhances economic activity. However, any privileges or restrictions guided by one’s COVID-19 immunisation status must be designed with the utmost attention to prevent a disproportionate violation of the human rights of the non-vaccinated and the public at large. Furthermore, as “Green Pass” policies might entrench existing discriminatory structures, ensuring equality is vital in moving forward. By exploring two case studies – labour rights and the right to privacy – we demonstrate the legal and public implications of the “Green Pass” regime. Despite the removal of the “Green Pass” in Israel, discussions continue regarding its modified reimplementation. The wider implications of the model might extend beyond its specific legal arrangements and limited temporal phase, requiring us to bring long-term public health into consideration.


2021 ◽  
Vol 2 (1) ◽  
pp. 119-137
Author(s):  
Vladimir Marjanski ◽  
Attila Dudás

Family-run enterprises are business organisations in which the reins of control are concentrated in the hands of a single family or an individual who for the enterprise aims to continue operation through successive generations of the family. In Serbia, family-run companies usually begin as an individual entrepreneurship, a form of closed company (general and limited partnership) or relatively closed company (limited liability company). The legal difficulties that arise following the death of an individual entrepreneur (natural person) differ from those following the death of a member in a company (legal entity). Companies are imbued with rights and responsibilities separate from the personal rights and responsibilities of their members. Members of a company, including the head, are not considered owners of the company’s property in legal terms. Instead, they have shares in the company, and those shares entitle them to membership (management and proprietary) rights. Thus, when a member dies, the company’s property, in whole or in part, is not subject to inheritance (although that deceased member’s share is). This differs from the situation following an individual entrepreneur’s death. The law does not recognise a natural person conducting business as an individual entrepreneur as having two legal personalities (personal and business); everything is treated as personal. Therefore, all the assets and debts of a deceased individual entrepreneur are subject to inheritance, regardless of whether or not they were accrued in the course of business. The succession of a share following a member’s death is regulated separately for each company form, and all issues not governed by the Companies Act or a company’s incorporation document are subject to the rules of Serbia’s Law of Inheritance. Inheritance rules differ greatly for a share in a personal company (general or limited partnership) and a share in a capital company (limited liability or joint-stock company). In principle, whether or not a deceased member’s rights and responsibilities can be passed through inheritance depends on the company’s form, its incorporation document, and the relevance of the heirs’ connection to the deceased and the company. The less complicated these are, the fewer the legal obstacles to inheritance.


Healthcare ◽  
2021 ◽  
Vol 9 (3) ◽  
pp. 281
Author(s):  
Xiaohan Zhang ◽  
Chao Wang

During the COVID-19 pandemic in 2020, a number of international cruise ships were infected, thereby resulting in serious public health and human rights problems. Multiple difficulties were encountered in the prevention and control of the coronavirus disease onboard ships, while rule-based international cooperation in this regard appeared inefficient and ineffective. By applying interdisciplinary methodologies, including empirical research of law, policy science, and health studies, this research reviewed the legal difficulties in the prevention and control of COVID-19 on international cruise ships and sought solutions from a policy-making and strategic perspective. We found that, apart from the inherent nature of cruise ships such as crowded semi-enclosed areas, shared sanitary facilities and limited medical resources, there are also nonnegligible legal reasons affecting the effectiveness of containment measures on board. In particular, there is ambiguity and even inconsistency of relevant international norms and domestic regulations, and some of the key rules are neither mandatory nor enforceable. We conclude by suggesting that rule-based international cooperation on this issue must be strengthened with respect to information sharing and management, a more effective supervisory mechanism, clarification of key rules over jurisdiction and distributions of obligations among the port states, flag states, nationality states, and cruise ship companies.


Significance The stock of EM debt has multiplied since 2000, accompanied by legal difficulties for borrowers falling into distress. Some economists are calling for a complete overhaul of the system to handle sovereign debt crises, including the creation of an independent international organisation to manage it. Impacts By eroding tax bases and raising domestic and external debt repayment costs, COVID-19 will have a lasting impact on EM output. Together with collapsing exports, the fiscal blow from the crisis could trigger a wave of distressed governments to default on their debts. EM’s limited recourse to fiscal and monetary expansion could result in a lost decade for hundreds of millions of already poor people.


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