Appetitus Socialis Berolinensis Jan Thiessen
Rechtsgeschichte : Rg : Zeitschrift des Max-Planck-Instituts für Europäische Rechtsgeschichte,
01/2017
Rg 25
Journal Article
Peer reviewed
Open access
Business law is highly influenced by its political, social and, of course, economic surroundings. This is in particular true with respect to the socalled »Berlin Republic«, the socio-political ...context that emerged post-German-reunification. After 1990, German business law, which originated from the comprehensive codifications carried out in the late 19th century, was exposed to the forces of globalization and Europeanization and the dawn of the digital age. This article examines how jurists of different rofessions, that is, legislators, judges, lawyers and scholars, gradually re-shaped the traditional landscape of national statutory law and case law in times of global commerce, competition and communication.
The legal mechanisms of business regulation in the Urals, Siberia, and the Far East under anti-Bolshevist governments are considered. The political and economic context of events of the Civil War in ...the eastern part of Russia is analyzed. The policy of the government towards restoring the rights of owners and the relative freedom of entrepreneurship, the provision of a network of commercial and industrial organizations, and the presence of a large number of lawyers in the supreme and central governing bodies of the anti-Bolshevist governments became major prerequisites for strengthening the role of legal regulators of business activity. In the eastern part of Russia, legal grounds were developed to continue the functioning of commercial and industrial institutions, which had lost contact with their legal owners or parent institutions. State power was expended and prolonged by the authorities, replacing the proxy and creating a temporary entity with the rights to enter transactions on behalf of the owner, including making financial commitments. The demands of government bodies for the full payment of debts by the owners, including the period when they had not managed their enterprises under the Soviet regime, were perceived as an injustice and an obstacle to the revival of industry, as was the desire not to subsidize the restoration of production activities, crediting them on commercial terms instead. However, the Civil War forced the authorities to restrict the rights of owners and their representatives to dispose of their property freely. It is crucially important that such restrictions were reversible and could be lifted upon exiting the emergency circumstances. Cases are also presented when anti-Bolshevist governments nationalized the property of private and cooperative enterprises, and the reasons for such decisions are analyzed.
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EMUNI, FIS, FZAB, GEOZS, GIS, IJS, IMTLJ, KILJ, KISLJ, MFDPS, NLZOH, NUK, OILJ, PNG, SAZU, SBCE, SBJE, SBMB, SBNM, UKNU, UL, UM, UPUK, VKSCE, ZAGLJ
Purpose
Business processes (BPs) of public administrations (PAs) are often described in the form of written procedures or operational manuals. These business process descriptions are expected to be ...properly understood and applied by civil servants, who have to provide legally compliant service provisions to the citizens. However, process descriptions in the PA are sometimes hard to read, ambiguous, or vague, leading to false interpretations or even incorrect execution of the processes. The purpose of this paper is to focus on improving the descriptions of BPs to be used in PAs.
Design/methodology/approach
To this end, the authors present an in-depth domain analysis, including a literature review and interviews with PA stakeholders belonging to different realities. From this analysis, the authors identified a set of 52 typical defects of process descriptions.
Findings
The authors provide a set of guidelines and a template to constrain the definition of these documents and to mitigate the identified defects. Furthermore, the authors outline research challenges in the field of quality assessment of textual process descriptions for the PA.
Research limitations/implications
This paper addresses the needs of any PA officer who has to write an official procedure or operational manual, and should be studied by researchers who wish to provide automatic strategies to check the quality of these documents.
Originality/value
Text quality issues have been addressed in various fields (e.g. requirements engineering), but not in the area of BP descriptions of PAs. The contribution consists in the study of the quality issues that occur and create problems in the practice of this particular domain. Based on this insight, we provide directions for research that will find solutions to mitigate the issues.
Indonesian small-scale forest holders are facing a dilemma due to the implementation of a mandatory national timber-legality verification scheme and an internationally popular forest certification ...scheme. The problems arise from limited financial, technical, and administrative information concerning the most preferred scheme and the "imperfection of such a scheme" for long-term business needs. Using the Forest Certification Assessment Guide (FCAG) this paper identifies the characteristics of four third-party forest certification schemes currently working in Indonesia, namely FSC, PEFC, LEI, and SVLK. An online questionnaire was used to survey a wide range of respondents about the future development of contested schemes and those preferred by small-scale forest holders. Our findings show that although FSC scheme obtained the highest score and is considered the best scheme according to the FCAG, small-scale forest holders prefer SVLK scheme, which had the lowest FCAG score because of its mandatory nature and available subsidies. Statements by the four schemes' proponents, which delegitimize other schemes, reveal they are in competition especially in winning market acceptance and local adaptability. Finally, we suggest proponents enhance aspects where their schemes are lacking and contrive a comparable certification scheme in order to induce willingness to be certified.
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BFBNIB, GIS, IJS, KISLJ, NUK, PNG, UL, UM, UPUK
This paper presents a scientometric and bibliometric literature review of the research on transitions to autonomous and electric vehicles. We discuss the main characteristics, evolution, and various ...transitional issues, identifying potential trends for future research. The Scopus and WoS search for relevant research articles generated a corpus of 4693 articles, which we analyzed using VOSviewer visualization software. This result shows that the transition research is interdisciplinary, with 54 scientific areas identified. Analysis requires an understanding of the broader aspects of the automotive industry, trends related to sustainability, environment protection, road safety, public policies, market factors and other business, and legal and management issues. This study highlights the need for more research to address the challenges of this global transition in the automotive industry. Topics for future research are constant improvements in AI algorithms used in AVs, innovations in green energy sources, and storage solutions for EVs. This is leading to new innovative business models and platforms. Further to that, the conclusion is that the impact of the transition to a shared economy, the emergency of mobility as a service, and public acceptance of the technology have to be comprehensively considered. The vehicle of the future is seen as a smart electric car, running on green energy, and utilizing various levels of automation up to full autonomy.
The West African country of Burkina Faso has become a leading African producer of gold in recent years. While this is mainly due to a boom in industrial gold mining since 2008, artisanal gold mining ...has been practiced throughout the country since the 1980s and continues to be an important source of livelihood for an estimated 1,2 Mio people (of a total population of c. 17 Mio). Private gold buying companies who were well-connected with the Compaoré government (1987–2014) profited from the privatization of the artisanal gold mining sector since the mid-1990s. This led to a situation where some Burkinabè businessmen made their own laws in gold mining areas, smuggled most of the gold out of the country and provoked violent conflicts with gold miners and local populations. This paper gives an overview of the institutional changes that have shaped artisanal gold mining in Burkina Faso from the mid-1980s until today.
•This paper presents an overview of the institutional changes in artisanal gold mining in Burkina Faso since the mid-1980s.•Due to withdrawal of the state some Burkinabè businessmen could make their own laws in gold mining areas.•The government has started reforming the mining sector and is creating a new government body for monitoring artisanal mining.•Technological and organizational changes have led to a professonalization of artisanal gold mining.
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GEOZS, IJS, IMTLJ, KILJ, KISLJ, NUK, OILJ, PNG, SAZU, SBCE, SBJE, UL, UM, UPCLJ, UPUK, ZRSKP
La aspiración de esta investigación es la simplificación y la digitalización del derecho de las sociedades mercantiles no cotizadas. Se apuesta por un derecho societario simplificado y digitalizado ...como derecho facilitador de la iniciativa empresarial para la reconstrucción de un entorno emprendedor innovador, inclusivo y sostenible. Para la facilitación y la potenciación abogamos por la simplificación, la flexibilización y la innovación de la legislación. Se diseña una hoja de ruta para la configuración, la constitución y la organización de un sociedad mercantil simplificada y digitalizada. El propósito es adecuar el derecho mercantil de las sociedades no cotizadas a un entorno económico en constante mutación por las tecnologías, también por las emergentes y disruptivas, y por las incertidumbres, incrementadas en estos momentos de crisis sanitaria y económica.
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