Hasil untuk "Regulation of industry, trade, and commerce. Occupational law"

Majid Najarzadeh Hanjani, Alireza Shamsi Moheb

The current research has investigated the basics of the government's accountability in developingnew technologies with a descriptive-analytical method. The impact of new technologies on various dimensions of human life shows the necessity of examining the government's accountability for their development. The results of the current research show the fact that the intervention of the government in developing the process of new technologies is necessary for various reasons, including the need for huge investments and the need for government regulation and supervision. In addition to the necessity of intervention, from the point of view of various legal dimensions, accountabilities for the government towards developing the new technologies are conceivable; From the point of view of the right to development, modern technologies are considered a tool of this right, which has a general concept and a wide scope, which is effective in various fields, including security, economy, and the like, and the government is for accountable supplying and guaranteeing the right to development and other rights under this right. From the point of view of public services law, the government is obliged to develop new technologies to continue providing public services, adapt to the new needs and demands of society, and reduce the price of providing services in order to achieve the aforementioned goals by using them. Also, the government should prioritize developingnew technologies in order to guarantee the principles of good governance and improve the management mode.1. Introduction Today, new technologies, "meaning a set of advanced technologies, tools, and solutions to move away from traditional methods and improve efficiency and effectiveness," are considered one of the main assets of societies, some countries compete with each other in their development and have an undeniable connection to the welfare of a country's citizens and the public interests of society. The expansion and development of these technologies provide the government and citizens with extensive capabilities that enable development and growth in various dimensions. Therefore, it is a clear fact that today, sustainable development in any country requires attention to new technologies and their development, and the continuity and survival of governments depend on technology; as such, failure to move towards adapting to technological developments in today's world will result in nothing but lack of development and the emergence of various problems, including threats to public order in society and the legitimacy of the government. Accordingly, identifying the role and accountability of governments in the development of these technologies is one of the important issues that must be examined so that citizens of a society can demand the right to develop new technologies from the government. Given the importance of the issue of government accountability in the development of new technologies, this research examines the foundations of this accountability. 2. Methodology The current research has investigated the basics of the government's accountability in developing new technologies with a descriptive-analytical method. In this research, we tried to collect and gather information from primary sources (including laws, regulations, etc.) and secondary sources (such as books and articles, research reports, etc.) in scientific research data centers, official and reputable websites, libraries, and similar resources. The main question in the present research is the reason for the necessity of government intervention in the process of developing new technologies and the legal dimensions of government accountability from three perspectives: the right to development, public services law, and good governance. In order to answer the aforementioned question, first the necessity of government intervention in the process of developing new technologies has been examined, and then the development of new technologies from the perspective of the right to development, the development of new technologies from the perspective of public service law, and the development of new technologies from the perspective of good governance principles have been addressed, respectively, in order to identify the basics of government accountability in this process from the perspective of various legal dimensions. 3. Results and Discussion Given that new technologies have affected a wide range of aspects of human life, their development has attracted the attention of many countries. The need for huge investments and regulations to adopt correct policies and regulations is among the reasons for government intervention in the process of developing new technologies. In addition to the need for intervention, governments have accountability in various legal dimensions for the development of new technologies. Based on the right to development, governments are obliged to prioritize the development of new technologies and take the necessary measures in this regard, because various areas, including security, economy, health and wellness, education, communications, and the environment, have been affected by these technologies, and the lack of appropriate development of these technologies leads to the violation of citizens' rights, because each of the aforementioned areas individually includes a right or rights that are affected by these developments with the emergence of technologies. In addition to the importance of developing new technologies from the perspective of the right to development, the development of these technologies is also necessary in the field of public services law and includes positive results such as ensuring the continuity of public services provision, adapting to the new needs of society, and reducing the cost of providing services. As a result, in addition to meeting the general needs of society and ensuring public order, citizens' access to services is also facilitated. The development of technologies is also effective in ensuring and guaranteeing some principles of good governance, such as transparency, the rule of law and responsibility, participation, efficiency and effectiveness, and plays an effective role in improving the management model of society. The above cases clearly demonstrate the importance of the development of new technologies in governance. In the Islamic Republic of Iran, the development of these technologies faces criticism both in terms of legislation and in terms of performance and government accountability, because the legislative system in Iran has not been updated in line with the advances in this technology, and manifestations of the development of new technologies have been considered sporadically and briefly. Therefore, the first step towards the development of new technologies in Iran is to create effective legal infrastructure; for example, in the field of public services, setting tasks for the Ministry of Communications to develop communication infrastructures in line with global developments is one of the most necessary measures; because communications are the basis and foundation for providing electronic public services. The aforementioned measure will enable the implementation of the provisions stipulated in Articles (19) and (37) of the Civil Services Management Law on expanding the quality of services and providing them electronically to citizens, provided that by amending the aforementioned articles and providing effective and sufficient implementation guarantees, the executive bodies are required to take the necessary measures to develop new technologies and provide services electronically. In addition to the above, in order to create a legal infrastructure, the development of new technologies should be seriously and effectively considered in development laws. In the Seventh Schedule Law, case legal rulings related to the development of new technologies have been taken into account. For example, in the field of security, only cybersecurity has been mentioned and various aspects of security, especially economic, have been ignored. Also, although Chapter 20 of this law is dedicated to promoting the scientific, technological, and research system, the contents of this chapter are practically contrary to the attention and importance due to new technologies and their development. Another problem with the Iranian legislative system in this regard is the creation of tasks without foreseeing a mechanism to monitor and track the achievement of goals, which must be corrected. In the functional area, the government, considering various problems and issues, including air pollution, lack of energy resources, and unexpected shutdowns, and consequently, damage to individual rights, including the right to health and wellness, the right to education, the right to a healthy environment, and disruption in the provision of public services to citizens, should prioritize the development of new technologies and, by investing in this field together with the private sector and appropriate regulation, provide the opportunity to use the opportunities and results that these technologies bring with them, in order to, in addition to guaranteeing the right to development and other related rights, move towards improving the provision of services to the people and reducing the country's problems and difficulties. 4. Conclusions and Future Research According to the results of the current research, future research can be based on the following topics: 1. Limits of government accountability for damages resulting from the lack of development of new technologies; 2. The role of the government in supporting the development of new technologies in the private sector; 3. Judicial development and new technologies.

Alejandro Sanz, Peter Meyer

<i>Background</i>: literature on last mile logistic electrification has primarily focused either on the stakeholder interactions defining urban rules and policies for urban freight or on the technical aspects of the logistic EVs. <i>Methods</i>: the article incorporates energy sourcing, vehicles, logistics operation, and digital cloud environment, aiming at economic and functional viability. Using a combination of engineering and business modeling combined with the unique opportunity of the actual insights from Europe’s largest tender in the automotive aftermarket electrification. <i>Results</i>: the Last Mile Logistics (LML) electrification is possible and profitable without jeopardizing the high-tempo deliveries. Critical asset identification for a viable transition to EVs leads to open new lines of research for future logistic dynamics rendered possible by the digital dimensions of the logistic ecosystem. <i>Conclusions</i>: beyond the unquestionable benefits for the environment, the electrification of the LML constitutes an opportunity to enhance revenue and diversify income.

Mohammad Ali Hashemi

Philosophy of law is a science that examines "law knowledge" and "legal research" with an analytical and rational method. This method of parascientific study is the basis for understanding and explaining the dimensions of that phenomenon. The philosophy of the law of modern technologies is a field of philosophy of law that has made the law of modern technologies the subject and focus of study with an analytical and rational approach. The philosophy of the law of modern technologies is a suitable background for the formation of the geometry of the knowledge of the law of modern technologies and research policy in the fields of legal investigations related to law and technology. Therefore, "Ontology of the Philosophy of Modern Technologies Laws" is the title of research whose main issue is to explain the nature and core of the philosophy of modern technologies laws and to lay the groundwork for the systematic formation of the knowledge of modern technologies laws. The present research, using the criteria and literature of the philosophy of method, has studied conceptually the phenomena created by the philosophy of the law of new analytical technologies and the philosophy of the law of new normative technologies. As in completing the course of the research, from the idea of philosophy as a method to the methodology of the philosophy of the laws of modern technologies and the geography of the problems and the structure of the philosophy of the laws of modern technologies have been investigated. Providing a different understanding of the concept of the word philosophy in parascientific philosophies and the formulation of this knowledge with the initial discourse of Muslim philosophers is one of the outputs of this research. The method of this research is evaluation and analytical judgment.

Anchal Patil, Jitender Madaan

<i>Background:</i> The humanitarian supply chain (HSC) literature has observed significant growth in past years. The wide range of research areas and the interdisciplinary nature of humanitarian work have generated the need to examine and classify the literature. Previous reviews have examined particular research domains such as quality, data analytics, performance measurement, and dynamics capabilities. This article examines the HSC literature, tracing its evolution and proposing a systematic review and roadmap for future researchers. <i>Method:</i> We adopted bibliometric, network, and citation analyses to extract insights into the HSC literature. <i>Results:</i> The integrated approach helped map the previous literature and identified research keywords, clusters, authors’ collaborative network, and seven research fields. The literature classification and clustering were performed for the articles published before the literature surge during the COVID-19 pandemic to avoid potential biases that could arise from the significant increase in HSC research published during this period. <i>Conclusions:</i> Some of the original contributions to this article include the classification of research clusters and the identification of emerging research topics in the HSC domain. Our findings indicate research opportunities in the sustainability, performance measurement, and innovation aspects of the HSC. This study provides potential research roadmaps for future research in this field.

Sima Hatami, Fathollah Rahimi, Ehsan Aghamohammad aghaee

Artificial intelligence (AL) is advancing without any predictions in technological development and scope. Meanwhile, some legal issues related to the avatar of a real person in Metaverse are discussed here. Considering, the emergence of the metaverse is developing, and all are members Gravatar, therefore, the inclusion of rights and duties in the relationship between them is undeniable, which includes the rights related to Gravatar in the regulation of relationships between them. The first part of the article deals with what rights and duties the metaverse and avatars face in artificial intelligence and basically why the rights of such avatars should be protected. In addition, the integration techniques for giving legal personality to avatars in the metaverse and some damages Such as committing crimes of theft, forgery and abuse of rights in the meantime are criticized. In addition, with an analytical and descriptive approach, imposing responsibility and liabilities on a real person by applying the rule of piercing veil" in the form of corporate law regarding avatars in terms of identifying the real natural person behind the avatar and through the criminalization of predictable actions and activities as the final result in applying the company's rights and the punishment applicable to the legal personality has been reviewed.

Karolina Karpus

Związki między ochroną środowiska a ustrojem współczesnego państwa demokratycznego można opisać za pomocą koncepcji zielonego konstytucjonalizmu, która obrazuje obowiązki władz publicznych i skorelowane z nimi prawa podmiotów indywidualnych na tle transformacji życia społeczno-ekonomicznego w kierunku zrównoważonego rozwoju. System prawny nie może pozostawać neutralny wobec tego procesu, szczególnie gdy wyzwania w tym zakresie wynikają z zobowiązań międzynarodowych i unijnych przyjętych przez państwo polskie, zwłaszcza w ramach konwencji z Aarhus i prawa praw człowieka. W ich świetle można obecnie uznać, że ochrona środowiska jako zadanie państwa stanowi tzw. pozytywny obowiązek i w relacji do niego ocenia się możliwość korzystania przez członków społeczeństwa z praw indywidualnych, wśród których należy wyodrębnić prawa środowiskowe (materialne i proceduralne). Gdy państwo narusza wymóg ustanowienia właściwych ram prawnych i ich egzekwowania, może to narażać członków społeczeństwa na kontakt ze zdegradowanym środowiskiem (np. na ekspozycję na powietrze złej jakości, czyli smog). Z uwagi na gwarancje wynikające ze zobowiązań państwa polskiego powinni oni móc uzyskać ochronę prawną także w obszarze prawa prywatnego. Na tym tle uchwała Sądu Najwyższego z 2021 r. w sprawie o sygnaturze III CZP 27/20 obrazuje aktualny stopień „zazielenienia” koncepcji dóbr osobistych w prawie polskim. Artykuł ma na celu nakreślenie kontekstu owego rozstrzygnięcia SN z perspektywy prawa ochrony środowiska i ocenę odnośnej argumentacji – zarówno tej wyłaniającej się z uzasadnienia uchwały, jak i prezentowanej przez glosatorów. W rezultacie nasuwa się postulat stosowania interdyscyplinarnego podejścia badawczego, by nadać debacie nad „zazielenianiem” art. 23–24 k.c. bardziej konstruktywny charakter.

Caterina Hauschild, Angelica Coll

<i>Background:</i> In the current political discourse, supply chain transparency is seen as a key to improving the working and environmental conditions within textile supply chains. Additionally, the use of technology is increasingly being regarded as a means of reducing complexity and increasing transparency within these supply chains. While much research has been conducted to understand the impact of the textile industry on sustainability and the impact of technology on the overall performance of the textile supply chains, little attention has been placed on the following question: How do technologies affect transparency within the textile supply chains? <i>Methods:</i> We conducted seven interviews with actors from the textile industry. Based on these collected data, the relevance of selected technologies for improving transparency is established and the challenges of their implementation and impact on the industry are assessed. <i>Results:</i> Digital technologies, such as blockchain, the Internet of Things and dialog platforms, are promising instruments for transparency, even though their current implementation is not ideal. Furthermore, great skepticism on platforms for reporting (audits and complaint systems) is still prevalent. <i>Conclusions:</i> Since the influence of transparency on sustainability is conditioned by the goal orientation with which the technologies are implemented and used, we propose a framework for the implementation of the selected technologies that account for the interaction between said technologies in the textile supply chains.

Mohammad Taqi Rafiei, Sajad Parvin

One of the contracts frequently used in the oil and gas industry for project delivery is the Engineering, Procurement and Construction Management (EPCM) contract, which originated from mining. Under this agreement, the contractor acts as the employer's representative and provides professional services for the design process, management, and monitoring of construction contracts to ensure the project's quality, budget, and timing. The main issue and question surrounding this contract is the principle on which the contractor's professional liability can be established. As a contractor for professional services, the liabilities associated with implementing design and management, procurement management, and construction management are based on the "standards of care" principle employed by leading engineering firms operating under similar conditions and in the same profession. If applicable, the contractor will be held liable for professional faults. Given the nature of the contractor's professional service and in line with Iranian law, the contractor's design, procurement, and management obligations are binding under this principle.

Andrei Meneses Lorenzetto, Bárbara Dayana Brasil

O estudo, utilizando metodologia analítico-dedutiva, através de pesquisa bibliográfica, objetiva discutir a participação popular na formulação de políticas públicas, além dos mecanismos de democracia representativa. A hipótese é de que as políticas públicas são o meio pelo qual o Estado efetiva preceitos constitucionais e sua formulação deve contar com a participação direta da população por meio da coleta e processamento de informações oriundas de diferentes grupos de interesse ou organizações sociais. Busca-se demonstrar que a maior participação popular acarreta redução da discricionariedade do Poder Executivo, alcançando finalisticamente o objetivo da sociedade em se tornar parte nas decisões que lhe atingem. Nesse prisma, as novas tecnologias têm o condão de facilitar a avaliação das políticas públicas, além de viabilizar maior eficiência estatal tanto em sua organização administrativa como na prestação de serviços públicos por meio de mecanismos de participação e monitoramento pelos cidadãos. Como resultado, alcança-se maior transparência e qualidade no atendimento das demandas, além de economia para o Estado. Ante os desafios enfrentados, especialmente, a inclusão digital no Brasil da população mais pobre e vulnerável, conclui-se que a elaboração de políticas públicas, em uma perspectiva moderna, perpassa pela publicização do debate na esfera pública como medida de concretização da cidadania.

Paweł Bartłomiej Krzyż

Artykuł stanowi kompleksową analizę statusu prawnego wód opadowych i roztopowych. W opracowaniu podjęta została próba przedmiotowego wyodrębnienia tych wód, zidentyfikowania charakterystycznego dla nich kontekstu prawnego i wreszcie – ustalenia ich statusu cywilnoprawnego. Na marginesie poruszono kwestie nabycia własności wód opadowych i roztopowych przez właścicieli nieruchomości oraz korzystania z tych wód.

Bettina Zargini

<i>Background</i>: Nowadays, variable domination structure is instrumental in studying multiobjective decision making problems. We investigate multiobjective location problems with respect to variable domination structure and its applications in supply chain management. <i>Methods</i>: We formulate practical problems in supply chain management as an optimization problem with a variable domination structure. Moreover, we present the mathematical methods to solve such problems. We investigate two kinds of solutions derived from the concept of minimal and nondominated solutions from vector optimization problems with respect to variable domination structure. Furthermore, we explore how these solution concepts are characterized in practical problems. <i>Results</i>: We ex- pose how those solutions are beneficial in practical problems. However, these results hold true for multiobjective decision making problems with a continuous feasible set; we present a practical problem in the case of a finite set of feasible locations. <i>Conclusions</i>: In many multiobjective location problems, each location’s characterizations, preferences, and restrictions are involved in the decision making process. This study investigates the decision making problems, where different preferences of objective functions at each location are assumed. Moreover, we present a numerical experiment for selecting a new hub airport.

William Ivan Gallo Aponte

La garantía de protección de los datos personales de las personas LGBTIQA+ en Brasil se enfrenta a varias inconsistencias regulat´orias normativas. Entre ellas, la falta de comprensión del alcance del concepto de vida sexual, la concepción de la identidad de género y su diferencia con la orientación sexual. También se cuestiona la inclusión del concepto de discriminación a la luz de la regulación de los datos personales y la posibilidad de entender si los datos sensibles corresponden a una numeración abierta o cerrada. Partiendo de la premisa del reconocimiento de un derecho fundamental a la protección de datos personales, con una faceta individual y transindividual, una dimensión objetiva y subjetiva, y a través de una metodología hipotético-deductiva con investigación empírica jurisprudencial, este artículo pretende analizar la dogmática jurídica del derecho fundamental a la protección de datos personales desde la perspectiva de la interseccionalidad y los derechos de la población LGBTIQA+. La conclusión preliminar es que se necesita una interpretación in extenso de los diferentes conceptos legales sobre protección de datos, coherente con la jurisprudencia constitucional y convencional.

Ghariblu Hashem, Moghaddam Hossein B.

This paper describes trajectory planning for an Autonomous Vehicle (AV) in the freeway path. Three types of driving modes are analyzed. First was free flow, this constitutes that moving at the desired speed is determined at the beginning of the movement. Second case was car following, when overtaking or lane-change was impossible, distance or speed adaptation is executed using the variable acceleration/deceleration strategy. Third case was lane change or overtaking. For lane change or overtaking paths, the 5th degree polynomial is used to create a curvilinear path to changes its path to the left lane and then returns to its default lane. The velocity and relative distances of cars are main factors for decision making. All proper driving decisions algorithm is introduced. According to autonomous car desired velocity, in the two driving cases (fast and slow desired velocity for AV) are studied by simulation and their results analyzed and compared with together.

International Journal of Digital Law IJDL

Redakcja PPGiOŚ

Inkyo Cheong, Jeongho Yoo

Comprehensive studies examining how Korean e-commerce trade works are currently limited. This study seeks to explore whether Korea’s e-commerce trade is more applicable to traditional trade theory or to modern theories. According to our analysis, the share of intra-industry trade (IIT) in modern trade theory is less than that of general trade for Korean e-commerce. Therefore, trade based on comparative advantage can be more valid in explaining e-commerce trade. From results in analyzing the gravity model, it was found that Korea’s e-commerce exports are higher as IIT with its FTA partners. In contrast, it is found that the lower the proportion of e-commerce trade, the higher chance for the import growth. Lastly, this study looked at what kind of comparative advantage is realized through imports. While Korea has been mostly exporting goods of high quality, its major trading partners import products based on price and selection of goods. In order for Korea’s e-commerce to grow, a more strategic approach is necessary. A strategy of high price based on superior quality is not effective, and as e-commerce has radically reduced sales and marketing costs, so a price reduction needs to be reflected in the price of goods for consumers.

Ryszard Mikosz

Przedmiotem artykułu jest analiza regulacji prawnej zawartej w art. 4 ustawy z 27 kwietnia 2001 r. – Prawo ochrony środowiska. Regulacja ta dotyczy generalnych zasad korzystania ze środowiska. Z przeprowadzonych rozważań wynika, że jest ona dotknięta poważnymi mankamentami. Jawi się jako mocno niekompletna i pozbawiona wyraźniejszej myśli przewodniej. Niejasno rysuje się też jej funkcja i relacja do przepisów szczególnych normujących korzystanie ze środowiska.

Rahul S. Mor, Arvind Bhardwaj, Sarbjit Singh

Dairy farming is a subsidiary profession of agriculture in India where dairy cooperatives are an important part of rural development. The current study explores the critical factors in the dairy supply chain, and provides an initial decision framework for its implications. The necessary data were collected from dairy producer members including dairy farmers, executives, and key informants of processing units, to summarize the strengths, weaknesses, opportunities, threats (SWOT) of the milk processing system in India. This includes identifying the objectives of the dairy industry, along with the internal and external critical factors (CFs). SWOT exploration does not offer any investigative basis for evaluating the priorities of CFs, therefore the analytic hierarchy process is applied to define the priorities of identified CFs. The CFs have also been ordered according to relative importance. The findings of this study depict that the SWOT based methodology offers vital sensitivity in assessing the supply chain strategies for the dairy industry.

Emel Aktas, Yuwei Meng

Connected devices, sensors, and mobile apps make the retail sector a relevant testbed for big data tools and applications. We investigate how big data is, and can be used in retail operations. Based on our state-of-the-art literature review, we identify four themes for big data applications in retail logistics: availability, assortment, pricing, and layout planning. Our semi-structured interviews with retailers and academics suggest that historical sales data and loyalty schemes can be used to obtain customer insights for operational planning, but granular sales data can also benefit availability and assortment decisions. External data such as competitors’ prices and weather conditions can be used for demand forecasting and pricing. However, the path to exploiting big data is not a bed of roses. Challenges include shortages of people with the right set of skills, the lack of support from suppliers, issues in IT integration, managerial concerns including information sharing and process integration, and physical capability of the supply chain to respond to real-time changes captured by big data. We propose a data maturity profile for retail businesses and highlight future research directions.

Frenkel Ilia, Bolvashenkov Igor, Herzog Hans-Georg et al.

The present paper deals with the vehicle’s traction electric drive, consisting of several various electric power sources. One of the main requirements for such systems are the safety and sustainable operations, achieved largely the implementation of an uninterrupted supply of the vehicle’s propulsion system with an electric power.