Hasil untuk "Commercial law"

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DOAJ Open Access 2026
Placemaking, Livability, and Revitalization in Tokyo: Lessons in Sustainable Urban Regeneration

Eduard Hauska, Raffaele Pernice

The popular image of Tokyo is a megacity characterized by skyscrapers on one hand and by intricate, dense, and extensive neighborhood districts filled with micro‐entrepreneurs on the other. This article traces recent transformations in the city’s urban fabric that are rooted in post‐war reconstruction processes and in governmental deregulation policies initiated by the 1969 Urban Redevelopment Law, which have shaped its iconic identity. It also addresses the dual dynamics of top–down governmental and corporate‐led revitalization models, exemplified by the 2002 Law on Special Measures for Urban Renaissance, as well as bottom‐up collective efforts, such as the “machizukuri” phenomenon, which have sought to reconfigure and improve Tokyo’s public infrastructure and human environment. The article attempts a critical evaluation of contemporary approaches to sustainable urban regeneration in Japan, drawing on three recent examples of multi‐scale urban space regeneration implemented around Tokyo’s commercial streets and major transit hubs, the Tokyo Toilet Project in Shibuya, the Shimokita Senrogai Project in Setagaya, and the Azabudai Hills in Minato. Based on lessons learned during the decades of the post‐bubble economy, it outlines current trends behind these and other selected projects to illuminate how Tokyo and its commercial areas are adapting to evolving issues associated with urban decline and a super‐aging society in order to provide the services critical to the well‐being of its residents.

DOAJ Open Access 2025
Análisis del deber de evitar y mitigar el daño como norma primaria en Colombia

Manuel Oviedo-Vélez , Tomás Cuartas Orrego

Según algunos doctrinantes nacionales, el deber de evitar y mitigar los daños carece de consagración legal en Colombia. Este artículo, en primer lugar, explora si existe tal deber, y, en segundo lugar, analiza distintas fuentes normativas del ordenamiento jurídico nacional que permiten afirmar su vigen­cia –como el principio constitucional de buena fe y la disposición del artículo 2357 c. c.–, además de algunos razonamientos jurisprudenciales. Por último, el artículo señala la estructura de la norma primaria que da lugar a dicho deber en el ordenamiento jurídico colombiano.

Commercial law, Civil law
DOAJ Open Access 2025
ITEMS OF AFFECTIVE VALUE IN ENFORCEMENT PROCEDURE

Tamara Gajinov, Zoran Vavan, Marija Mijatović

Recognizing the particular significance certain possessions hold for their owners, this paper examines their status within the enforcement procedure in Serbia, especially in light of the core principle of safeguarding the debtor’s personal dignity. Over the past several decades, marked by dynamic socio-political shifts in the region, the treatment of items with affective value has evolved. Through a historical analysis of the list of exempted items and a comparative overview of normative solutions across the former Yugoslav republics, the authors identify several commendable legislative adjustments. Nonetheless, the overarching assessment suggests a degree of legislative backsliding: rather than fostering progressive, compassionate changes in the treatment of debtors, recent amendments have shown declining concern for not only economic and social factors but also the debtor’s professional, ethical, and emotional standing. As such, the current legal framework—focusing narrowly on the existential minimum—fails to adequately safeguard the dignity of debtors and their families, thus impeding the development of more humane enforcement practices in Serbia.

Criminal law and procedure, Civil law
DOAJ Open Access 2024
Eyes on me: how social media use is associated with urban Chinese adolescents’ concerns about their physical appearance

Ruining Jin, Tam-Tri Le

IntroductionSocial media usage carries risks of negative impacts on one’s perception of physical attractiveness, especially among adolescents who are developing their self-image. These findings suggest that targeted interventions focusing on attention-seeking behaviors may be effective in addressing appearance-related anxieties among adolescents.MethodsWe employed Bayesian analysis with Markov Chain Monte Carlo algorithms on survey data from 11,926 middle school students in China.FindingsOur findings indicate that while the amount of daily social media usage does not significantly correlate with appearance concerns, the desire for social media attention through interactions such as liking, commenting, and sharing shows a clear positive association. Female adolescents exhibit a higher degree of concern about their physical appearance compared to males. Additionally, behaviors aimed at improving perceived physical attractiveness, such as exercising and using skin-whitening products, are positively associated with increased appearance concerns.DiscussionThese findings suggest that targeted interventions focusing on attention-seeking behaviors may be effective in addressing appearance-related anxieties among adolescents.

Public aspects of medicine
DOAJ Open Access 2023
The reform of public administration in the cities of Volyn province on the basis of the city regulations of 1892.

Valeriy Bortnikov, Alla Bortnikova

The purpose of the study: The purpose of the study is to analyze the consequences of the urban reform of 1892 in Volyn province in the context of the elections to the Lutsk City Council in 1894 and subsequent years.          Research methodology. The study uses a set of principles, approaches and methods of cognition determined by the specifics of the research problem. They are based on the universal scientific principles of objectivity, historicism, comprehensiveness, systematicity and complexity. The article uses problematic and chronological, political and legal, biographical, retrospective, and other methods.          The scientific novelty. The reorganization of municipal public administration in Volyn falls within the period of the “great reforms” associated with the enactment of the city regulations of 1870 and 1892, the implementation of which, unlike in other provinces, had its own specifics. Within the boundaries of the Volyn province, the urban reform started later than in the Kyiv or Podil provinces, as a preventive measure of the central government against the perceived regional separatism of the Volyn nobility. However, studying the process of the elections to the Lutsk City Duma at the end of the 19th and the beginning of the 20th centuries remains practically outside the attention of researchers.          Conclusions. The socio-political direction of the reform of 1892 was to change the social composition of the city administration apparatus, to reduce the range of powers of the city public administration bodies, while at the same time strengthening the rights of the provincial administration. The new law was intended to weaken the position of the merchants, commercial and industrial bourgeoisie and to increase the role of the nobility as the social support of tsarism. Instead, the increase in the specific weight of large real estate owners in cities contributed to the fact that the number of vocal intellectual professions − persons with secondary and higher education − also increased, which, in the conditions of the growth of social and revolutionary uplift, could not but affect the opposition of city councils to the central government.

History of Eastern Europe
CrossRef Open Access 2023
The Uniform Commercial Code and the Ongoing Quest for an Efficient and Fair Commercial Law

Robert E. Scott

Abstract The Uniform Commercial Code has had a profound influence on the development of commercial law over the past seventy years. But viewed from a contemporary perspective, its legacy is decidedly mixed. Article 2 on sales, despite its innovations when first introduced, is now hopelessly obsolete and does not respond to the very different contracting practices facing commercial parties today. The specialized statutes dealing with commercial paper and secured debt—Articles 3, 4, and 9—are still widely useful and have been frequently revised but these revisions were promoted and successfully promulgated by the very parties most affected by the regulation, raising the fear of distributional unfairness toward third party interests. Thus, the quest for a commercial law that is both efficient as between the transacting parties and fair in its treatment of affected third parties must continue.

DOAJ Open Access 2022
SOME ASPECTS OF THE SOCIO-ECONOMIC SITUATION OF IMERETI

Naira Virsaladze, Malvina Kipiani

The Covid pandemic and hostilities developed in the post-Soviet space had a heavy impact on the world economy, sharply slowing economic growth and increasing socio-economic problems. The impact of current events has become a significant topic in terms of regional economies. The rather rich experience accumulated in the world has shown us that the management and development of the region should be based on the economic potential of a particular country, the historical past of economic and political life, cultural and natural-resource characteristics, which are the result of historical preconditions. From this point of view, Georgia is quite diverse and interesting country. This diversity and the rules and traditions of economic life formed on the basis of sharply different natural-economic conditions create the inequality of the state and trends of the development and competitiveness of the territorial-administrative units (parties) of the country. Our attention was drawn to the fact that the Imereti region is distinguished by low incomes of the population, high rates of migration processes and aging and, accordingly, high dependence on social assistance. Imereti region is located in the central part of Georgia, it is one of the most beautiful places. It occupies 9.4% of the territory of Georgia and unites 12 municipalities. Rather important positive factors of the region are: proximity to seaports and international airports, location on energy and automobile corridors, a high level of urbanization, a variety of minerals, favorable environmental conditions for the development of crops, various types of tourist and recreational resources. The real result is that today the actual weakness of Imereti region is the high level of unemployment and poverty. Less developed municipal services, commercial and business infrastructure, low level of professional development and qualification of the workforce, absence of effective natural disaster management system, limited rights of regional and local administrative structures, meager income and property resources. It is a fact that the region cannot effectively use the existing resources for the purpose of development. In order to strengthen agriculture and increase labor productivity, first of all small-land farms should be enlarged, which will contribute to the technical rearmament of the sector and the intensification of production. It is a sad reality that Imereti is considered a region significantly dependent on social assistance. Not only the unemployed, but also the majority of employed people are socially vulnerable, because the payment is quite low. A similar situation is a problem not only in Imereti, but in the entire country. The post-pandemic period is characterized by price increases and unstable inflationary processes, the influence of both internal and external factors is great. Revealing the low standard of living and poverty should not become the main goal. There is constant talk about identifying the problem, revealing it, its percentage increase or decrease. Nominal indicators without deep analysis are quite far from the real situation. The main and important thing is not only to determine the causes, but also to fight against them and eliminate them in time. Enumeration and statistics workers and their economic-statistical studies should make a significant contribution to the assessment of the existing situation in the region and its further improvement. The real socio-economic situation of the region should be reflected (and not in numbers artificially beautified to please ourselves), only by revealing the reality and seeing the existing weak points correctly, we will be able to improve the economy of both the region and the country and achieve the desired results. It is on the basis of real data that the further development strategy of the region, new projects and programs should be developed. Recently, they often mention the "decent salary", which probably a significant part of the employed people in Georgia will not have in the near future. In this regard, the minimum wage and the size of the consumer basket need to be reconsidered once again. In order to provide normal wages to the employees, the government should adopt a law on minimum wages. When it comes to European integration, among many other issues, the most important and necessary issue is the review of the population's incomes and living standards, and bringing them closer to the European countries should be the main goal.

Economics as a science
DOAJ Open Access 2022
A Delphi consensus statement for digital surgery

Kyle Lam, Michael D. Abràmoff, José M. Balibrea et al.

Abstract The use of digital technology is increasing rapidly across surgical specialities, yet there is no consensus for the term ‘digital surgery’. This is critical as digital health technologies present technical, governance, and legal challenges which are unique to the surgeon and surgical patient. We aim to define the term digital surgery and the ethical issues surrounding its clinical application, and to identify barriers and research goals for future practice. 38 international experts, across the fields of surgery, AI, industry, law, ethics and policy, participated in a four-round Delphi exercise. Issues were generated by an expert panel and public panel through a scoping questionnaire around key themes identified from the literature and voted upon in two subsequent questionnaire rounds. Consensus was defined if >70% of the panel deemed the statement important and <30% unimportant. A final online meeting was held to discuss consensus statements. The definition of digital surgery as the use of technology for the enhancement of preoperative planning, surgical performance, therapeutic support, or training, to improve outcomes and reduce harm achieved 100% consensus agreement. We highlight key ethical issues concerning data, privacy, confidentiality and public trust, consent, law, litigation and liability, and commercial partnerships within digital surgery and identify barriers and research goals for future practice. Developers and users of digital surgery must not only have an awareness of the ethical issues surrounding digital applications in healthcare, but also the ethical considerations unique to digital surgery. Future research into these issues must involve all digital surgery stakeholders including patients.

Computer applications to medicine. Medical informatics
DOAJ Open Access 2021
Relmacabtagene autoleucel (relma‐cel) CD19 CAR‐T therapy for adults with heavily pretreated relapsed/refractory large B‐cell lymphoma in China

Zhitao Ying, Haiyan Yang, Ye Guo et al.

Abstract Background Despite numerous chimeric antigen receptor T‐cell (CAR‐T) trials conducted in China, no CAR‐T has been registered in the country. Furthermore, China law and regulations restrict the export of patient material for CAR‐T manufacture abroad. Relma‐cel (JWCAR029), an anti‐CD19 product produced with a commercial‐ready process in China, was evaluated in the first prospective, single‐arm, multicenter, pivotal study of CAR‐T therapy conducted under Chinese IND to support an NMPA‐accepted BLA submission in relapsed/refractory (r/r) LBCL (NCT04089215). Methods Patients were randomized to receive either 100 × 106 (low dose, n = 27) or 150 × 106 (high dose, n = 32) CAR+ T‐cells as a single infusion following lymphodepleting chemotherapy (fludarabine 25 mg/m2 and cyclophosphamide 250 mg/m2 daily × 3), and then, monitored for efficacy and safety outcomes and pharmacokinetics. The primary endpoint was ORR at 3 months, as assessed by the investigators. Secondary endpoints included DOR, PFS, OS, and adverse event frequency/severity and cell expansion kinetics. Results As of the data cutoff on 17 June 2020, 68 patients were enrolled, and 59 were treated. Among the 58 efficacy‐evaluable patients, the primary endpoint of 3 month ORR was 60.3% (95% CI, 46.6–73.0), excluding the null hypothesis rate of 20%. Any grade and severe grade CRS occurred in 47.5% and 5.1%, respectively, and any grade and severe grade neurotoxicity events occurred in 20.3% and 5.1%. Conclusions Relma‐cel met the primary endpoint analysis and demonstrated a high rate of durable responses and low rate of CAR‐T‐associated toxicities in patients with r/r LBCL in a multicenter trial supporting regulatory submission in China.

Neoplasms. Tumors. Oncology. Including cancer and carcinogens
CrossRef Open Access 2021
Innovation Benefits of Software Patents in Kenya

Josphat Ayamunda, Ian K. Tum

Globally, it is generally accepted that the legal protection of creations of the human mind, such as software, should contribute to technological innovation. In Kenya, software is ordinarily regarded as literary work and therefore protected by way of copyright. Recently, however, there have been suggestions that software should be patented. This raises the problem of whether and how the tension between copyright and patent protection of software can be resolved in a manner that is just, fair and reasonably proportionate to the highly desirable goal of incentivising production and dissemination of technology. This study examines the extent to which software patents in Kenya might be appropriate in light of both the nature of software and the need to foster innovation. Using the capabilities approach as the basic theory and comparative methods, the study finds that patents provide better protection for the idea embodied in software than does copyright and this is in exact accordance with the capabilities Kenyan’s would like the protection to provide for them. It recommends that Kenya should consider improving its intellectual property regime by making provisions for patentability of software or some sui generis right akin to software patents in order to aid in fostering innovation.

DOAJ Open Access 2019
Ken Foster and the Genesis of Sports Law: A Personal Perspective

Simon Boyes

Ken Foster’s work in the field of sports law is of central importance. His sustained, high-quality contributions to sports law scholarship underpin much other work in the area. This intervention makes the case for the importance and centrality of this work, and highlights key contributions. It evidences the development of key themes and perspectives in Ken Foster’s work and its fundamental and foundational significance in the relatively new field of sports law.

Commercial law
DOAJ Open Access 2019
I Would Rather Be a Respondent State Before a Domestic Court in the EU than Before an International Investment Tribunal

Ivana Damjanovic, Nicolas de Sadeleer

(Series Information) European Papers - A Journal on Law and Integration, 2019 4(1), 19-70 | Article | (Table of Contents) I. Introduction. - II. Who trumps who? - II.1. Is EU law autonomous? - II.2. EU law and Member States' BITs. - II.3. The peculiar case of the ECT. - III. Achmea or how international investment tribunals do not understand EU law. - III.1. Why investment tribunals do not have jurisdic-tion in all intra-EU disputes? - III.2. The Advocate General's Opinion is not legally binding and preliminary ruling judgment only answers the questions asked. - III.3. Why is commercial arbitration different? - IV. Who fragments what? - IV.1. The peculiar case of the ECT again: fragmentation or integration? - IV.2. Why is intra-EU context different to extra-EU? - V. Why autonomy matters? - V.1. It matters for EU relationship with international courts. - V.2. It matters for EU integration. - V.3. It matters for practical reasons of enforcement. - VI. Conclusion. | (Abstract) In its landmark judgment in the case of Achmea (judgment of 6 March 2018, case C-284/16 [GC]), the Court of Justice adjudicated that Investor-State Dispute Settlement (ISDS) adversely affects the autonomy of EU law. Accordingly, ISDS clauses in international investment agreements that contravene Arts 267 and 344 TFEU and the principles of mutual trust and sincere cooperation enshrined in Arts. 19, para. 1, and 4, para. 3, TEU are inapplicable under EU law. However, the reasoning of the Court of Justice in Achmea did not convince international investment tribunals that they lack jurisdiction in intra-EU investment disputes. This opposition calls for clarification of the different principles underpinning the EU legal order and international investment law. This Article presents a debate between these two legal orders, which unfolds around three separate, albeit related issues: the status and applicability of the EU and the Member States' international agreements within the EU legal order; the manner in which the Achmea judgment must be interpreted and its application in the international investment law context; and the meaning and relevance of the concept of the autonomy of EU law as the key issue in defining the relationship between EU law and international investment law.

Law, Law of Europe
DOAJ Open Access 2018
International legal features of commercialization of space activity

S. Sylkina, D. Baitukayeva

The article is dedicated to the study of the problem of commercialization of space activity in the outer space. The world market of the outer space services has been formed relatively recently, but it is developing very rapidly. With technology development, the humankind came to realization of the fact that it has become within its powers to bring artificial objects and then people to the outer space. The number of states leading their own research in the sphere of production of satellites, missile carriers, developing their own space programs and space tourism programs. Achievements in the research and exploitation of the outer space are one of the most important indices of the country development level. International cosmic organizations are organizations of production and commercial type that possess own space complexes, provide services on commercial basis, and pay high dividends to investors. The perspectives of commercialization of outer space activity, undoubtedly, will have positive impact to the economy and further exploration of outer space by states.� � � � � � � � � � � � � � � � The objective of this work is a study of outer space activity commercialization issues. The�international space law is on the stage of active perfecting now. In connection with the development of outer space activity commercialization and space tourism, the legal sphere of outer space activity is in the process of reformatting. The international space law must provide the adequate basis for cooperation of states and their entities in commercial use of this utmost (and perspective for investors) space, and, correspondingly, provide more efficient outer space activity regulation. Commercialization of outer space activity results in increase of the importance of protection of data (information) having commercial value, and for this purpose creation of relevant international legal mechanism is deemed expedient. The scientific significance of the work is determined by the fact that the analysis of peculiarities of the process of outer space activity commercialization is made in it for the first time. Methodological and theoretical bases. The method of istorism is used in the work as the principal one. The method of analysis is an important instrument of the study of peculiarities of outer space activity in their inextricable connection with the key principles of international space law, discovery of problematic aspects of the commercialization process. The method of synthesis provided the possibility to expose in a successive order the obtained results and their correlation with the general objective. Key words: outer space research, innovation technology, commercialization, priorities of outer space activity, «Baikonur» cosmodrome.

International relations, Comparative law. International uniform law

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