Pub Date : 2023-06-30DOI: 10.24886/blr.2023.06.37.2.129
Dae-Kyu Kim
{"title":"A Comparative Legal Review of the Amendment to the Interest Rate Cap System in Korea","authors":"Dae-Kyu Kim","doi":"10.24886/blr.2023.06.37.2.129","DOIUrl":"https://doi.org/10.24886/blr.2023.06.37.2.129","url":null,"abstract":"","PeriodicalId":42005,"journal":{"name":"AUSTRALIAN BUSINESS LAW REVIEW","volume":"72 1","pages":""},"PeriodicalIF":0.4,"publicationDate":"2023-06-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"79441203","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-06-30DOI: 10.24886/blr.2023.06.37.2.109
Jinyi Choi
{"title":"A Study on the Problems and Improvement of the 「SEAFARERS’ ACT」 on the Application of Fishing Vessel Seafarer - Focusing on the Fishing Vessel Seafarer of a Small Fishing Boat -","authors":"Jinyi Choi","doi":"10.24886/blr.2023.06.37.2.109","DOIUrl":"https://doi.org/10.24886/blr.2023.06.37.2.109","url":null,"abstract":"","PeriodicalId":42005,"journal":{"name":"AUSTRALIAN BUSINESS LAW REVIEW","volume":"23 1","pages":""},"PeriodicalIF":0.4,"publicationDate":"2023-06-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"82228010","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-06-30DOI: 10.24886/blr.2023.06.37.2.61
Kwang Rok Kim
{"title":"ESG and UK’s ESOP","authors":"Kwang Rok Kim","doi":"10.24886/blr.2023.06.37.2.61","DOIUrl":"https://doi.org/10.24886/blr.2023.06.37.2.61","url":null,"abstract":"","PeriodicalId":42005,"journal":{"name":"AUSTRALIAN BUSINESS LAW REVIEW","volume":"59 1","pages":""},"PeriodicalIF":0.4,"publicationDate":"2023-06-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"73776175","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-06-30DOI: 10.24886/blr.2023.06.37.2.35
Han Joon Lee
{"title":"Importance and Implementation of Multiple Voting Share System - Focusing on Revised Act on Special Measures for the Promotionof Venture Businesses -","authors":"Han Joon Lee","doi":"10.24886/blr.2023.06.37.2.35","DOIUrl":"https://doi.org/10.24886/blr.2023.06.37.2.35","url":null,"abstract":"","PeriodicalId":42005,"journal":{"name":"AUSTRALIAN BUSINESS LAW REVIEW","volume":"43 1","pages":""},"PeriodicalIF":0.4,"publicationDate":"2023-06-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"88589429","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
With the rapid expansion of artificial intelligence (‘AI’) technologies and many sectors such as healthcare, banking and retail interested in taking advantage of the many benefits AI can bring, there have been many legal issues that have arisen which range from who is liable for damages where the AI machine incorrectly diagnoses a patient in a medical setting? The doctor utilizing the technology? The practice? The manufacturer? To how can you protect the intellectual property which is generated independently by AI machines which are ‘learning’?. Artificial Intelligence
{"title":"AI and Intellectual Property Ownership: Who Is the ‘Inventor’ When the Machine Self-Develops?","authors":"Rebecca Henderson","doi":"10.54648/bula2023015","DOIUrl":"https://doi.org/10.54648/bula2023015","url":null,"abstract":"With the rapid expansion of artificial intelligence (‘AI’) technologies and many sectors such as healthcare, banking and retail interested in taking advantage of the many benefits AI can bring, there have been many legal issues that have arisen which range from who is liable for damages where the AI machine incorrectly diagnoses a patient in a medical setting? The doctor utilizing the technology? The practice? The manufacturer? To how can you protect the intellectual property which is generated independently by AI machines which are ‘learning’?.\u0000Artificial Intelligence","PeriodicalId":42005,"journal":{"name":"AUSTRALIAN BUSINESS LAW REVIEW","volume":"37 1","pages":""},"PeriodicalIF":0.4,"publicationDate":"2023-06-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"86499258","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
During the global pandemic, ‘furlough’, a generic term used to describe a temporary lay-off and/or short-time working scheme, subsidized by public means in order to enable job retention, became a widely used phenomenon. But where did this concept come from? And, what legal status do such schemes have? Whilst the world hurried to manage the potential economic and social impact of the coronavirus pandemic, were existing legal rights and obligations overlooked? To that end, this paper will compare the variant job retention schemes used for the furloughing of workers. Arguably, such temporary lay-offs/short-time working, ‘furlough’ schemes have both social and economic impact at local, regional and national levels. Within such a contemporary debate, this paper will therefore comparatively evaluate the ‘furlough’ concept and navigate through the variant furlough impact typology. Overall, the paper will review how furlough schemes enabled a supervening employment policy intervention to either reshape the existing labour law measures or to emphasize existing rights and/or entitlements with no juridical effect. Regardless of its impact and legal status, ‘furlough’ has been heralded as labour law’s response to the global pandemic.
{"title":"Furlough: Labour Law’s Global Response to the Pandemic","authors":"S. Hardy","doi":"10.54648/bula2023013","DOIUrl":"https://doi.org/10.54648/bula2023013","url":null,"abstract":"During the global pandemic, ‘furlough’, a generic term used to describe a temporary lay-off and/or short-time working scheme, subsidized by public means in order to enable job retention, became a widely used phenomenon. But where did this concept come from? And, what legal status do such schemes have? Whilst the world hurried to manage the potential economic and social impact of the coronavirus pandemic, were existing legal rights and obligations overlooked? To that end, this paper will compare the variant job retention schemes used for the furloughing of workers. Arguably, such temporary lay-offs/short-time working, ‘furlough’ schemes have both social and economic impact at local, regional and national levels. Within such a contemporary debate, this paper will therefore comparatively evaluate the ‘furlough’ concept and navigate through the variant furlough impact typology. Overall, the paper will review how furlough schemes enabled a supervening employment policy intervention to either reshape the existing labour law measures or to emphasize existing rights and/or entitlements with no juridical effect. Regardless of its impact and legal status, ‘furlough’ has been heralded as labour law’s response to the global pandemic.","PeriodicalId":42005,"journal":{"name":"AUSTRALIAN BUSINESS LAW REVIEW","volume":"2 1","pages":""},"PeriodicalIF":0.4,"publicationDate":"2023-06-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"91346104","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Information Communication Technology (ICT) has had a significant impact on modern trade and commerce in Nigeria. Unfortunately, the impact of digitization and digital technology on commercial transactions has exposed consumers in Nigeria to a variety of issues, most notably consumer dissatisfaction. The phrase ‘what you ordered versus what you got’ has become popular as a result of unfair business practices and phoney advertising. Despite this, the efficacy of existing laws to safeguard consumers in Nigerian e-commerce transactions has now been called into question, as they continue to be subjected to unfair trade practices and deceptive advertising with limited legal recourse. As a result, this paper analyses the existing legislation in Nigeria that safeguards consumers’ rights and interests in e-commerce transactions. To achieve this aim, this paper adopts the doctrinal research methodology and finds that the extant laws for the protection of consumers in e-commerce transactions in Nigeria are outdated and not adequate to prevent exploitation and unfair trade practices. Consequently, it argues that there is an urgent need for the amendment of the existing laws to protect the rights of consumers in e-commerce transactions. E-commerce, consumer satisfaction, consumer protection law, Nigerian laws, consumer dissatisfaction, commercial law
{"title":"Consumer Dissatisfaction in E-commerce Transactions: Protecting the Nigerian Consumers","authors":"Chibike Amucheazi, Joshua Olewu","doi":"10.54648/bula2023014","DOIUrl":"https://doi.org/10.54648/bula2023014","url":null,"abstract":"Information Communication Technology (ICT) has had a significant impact on modern trade and commerce in Nigeria. Unfortunately, the impact of digitization and digital technology on commercial transactions has exposed consumers in Nigeria to a variety of issues, most notably consumer dissatisfaction. The phrase ‘what you ordered versus what you got’ has become popular as a result of unfair business practices and phoney advertising. Despite this, the efficacy of existing laws to safeguard consumers in Nigerian e-commerce transactions has now been called into question, as they continue to be subjected to unfair trade practices and deceptive advertising with limited legal recourse. As a result, this paper analyses the existing legislation in Nigeria that safeguards consumers’ rights and interests in e-commerce transactions. To achieve this aim, this paper adopts the doctrinal research methodology and finds that the extant laws for the protection of consumers in e-commerce transactions in Nigeria are outdated and not adequate to prevent exploitation and unfair trade practices. Consequently, it argues that there is an urgent need for the amendment of the existing laws to protect the rights of consumers in e-commerce transactions.\u0000E-commerce, consumer satisfaction, consumer protection law, Nigerian laws, consumer dissatisfaction, commercial law","PeriodicalId":42005,"journal":{"name":"AUSTRALIAN BUSINESS LAW REVIEW","volume":"53 1","pages":""},"PeriodicalIF":0.4,"publicationDate":"2023-06-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"83315597","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-03-31DOI: 10.24886/blr.2023.03.37.1.147
Yong-Su Kwon
{"title":"Issues of the Virtual Shareholders\" Meeting from a Practical Perspective - Focusing on Countermeasures against Communication Problems -","authors":"Yong-Su Kwon","doi":"10.24886/blr.2023.03.37.1.147","DOIUrl":"https://doi.org/10.24886/blr.2023.03.37.1.147","url":null,"abstract":"","PeriodicalId":42005,"journal":{"name":"AUSTRALIAN BUSINESS LAW REVIEW","volume":"358 1","pages":""},"PeriodicalIF":0.4,"publicationDate":"2023-03-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"76351760","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-03-31DOI: 10.24886/blr.2023.03.37.1.181
Ki-Yeong Min
{"title":"Criteria for Determining whether Virtual Assets Are Securities and Regulatory Direction for Virtual Assets","authors":"Ki-Yeong Min","doi":"10.24886/blr.2023.03.37.1.181","DOIUrl":"https://doi.org/10.24886/blr.2023.03.37.1.181","url":null,"abstract":"","PeriodicalId":42005,"journal":{"name":"AUSTRALIAN BUSINESS LAW REVIEW","volume":"1 1","pages":""},"PeriodicalIF":0.4,"publicationDate":"2023-03-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"89907110","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-03-31DOI: 10.24886/blr.2023.03.37.1.19
S. Oh
{"title":"Company Indemnification Contract System and Implications under the Amended Companies Act of Japan","authors":"S. Oh","doi":"10.24886/blr.2023.03.37.1.19","DOIUrl":"https://doi.org/10.24886/blr.2023.03.37.1.19","url":null,"abstract":"","PeriodicalId":42005,"journal":{"name":"AUSTRALIAN BUSINESS LAW REVIEW","volume":"37 1","pages":""},"PeriodicalIF":0.4,"publicationDate":"2023-03-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"84142868","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
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