Pub Date : 2022-12-31DOI: 10.24886/blr.2022.12.36.4.225
H. Lee
{"title":"Research on Regulation Method for Security Token Offering in Japan","authors":"H. Lee","doi":"10.24886/blr.2022.12.36.4.225","DOIUrl":"https://doi.org/10.24886/blr.2022.12.36.4.225","url":null,"abstract":"","PeriodicalId":42005,"journal":{"name":"AUSTRALIAN BUSINESS LAW REVIEW","volume":"28 1","pages":""},"PeriodicalIF":0.4,"publicationDate":"2022-12-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"82106852","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 : 2022-12-31DOI: 10.24886/blr.2022.12.36.4.121
S. Seong
{"title":"War and Trade Insurance in the Digital Age -Including various force majeure reasons-","authors":"S. Seong","doi":"10.24886/blr.2022.12.36.4.121","DOIUrl":"https://doi.org/10.24886/blr.2022.12.36.4.121","url":null,"abstract":"","PeriodicalId":42005,"journal":{"name":"AUSTRALIAN BUSINESS LAW REVIEW","volume":"315 1","pages":""},"PeriodicalIF":0.4,"publicationDate":"2022-12-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"77253760","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 : 2022-12-31DOI: 10.24886/blr.2022.12.36.4.187
Yoon-Je Jang
{"title":"Legal dispute cases and issues of ESG-related investment contract","authors":"Yoon-Je Jang","doi":"10.24886/blr.2022.12.36.4.187","DOIUrl":"https://doi.org/10.24886/blr.2022.12.36.4.187","url":null,"abstract":"","PeriodicalId":42005,"journal":{"name":"AUSTRALIAN BUSINESS LAW REVIEW","volume":"175 1","pages":""},"PeriodicalIF":0.4,"publicationDate":"2022-12-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"72511663","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 : 2022-12-31DOI: 10.24886/blr.2022.12.36.4.159
Jae-jong Koh
{"title":"A Study on the Problems and Improvement of CCP\"s Payment Failure Processing System","authors":"Jae-jong Koh","doi":"10.24886/blr.2022.12.36.4.159","DOIUrl":"https://doi.org/10.24886/blr.2022.12.36.4.159","url":null,"abstract":"","PeriodicalId":42005,"journal":{"name":"AUSTRALIAN BUSINESS LAW REVIEW","volume":"101 1","pages":""},"PeriodicalIF":0.4,"publicationDate":"2022-12-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"82409404","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 : 2022-12-31DOI: 10.24886/blr.2022.12.36.4.25
Sang-Hoon G Lee
{"title":"Evaluation of the “Same-Person” System under the Korean Monopoly Regulation and Fair Trade Act from the Perspective of Corporate Law","authors":"Sang-Hoon G Lee","doi":"10.24886/blr.2022.12.36.4.25","DOIUrl":"https://doi.org/10.24886/blr.2022.12.36.4.25","url":null,"abstract":"","PeriodicalId":42005,"journal":{"name":"AUSTRALIAN BUSINESS LAW REVIEW","volume":"10 1","pages":""},"PeriodicalIF":0.4,"publicationDate":"2022-12-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"87119397","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 : 2022-12-31DOI: 10.24886/blr.2022.12.36.4.95
Inhoi Park
{"title":"Review on the scope of intention under the insurance exception clause","authors":"Inhoi Park","doi":"10.24886/blr.2022.12.36.4.95","DOIUrl":"https://doi.org/10.24886/blr.2022.12.36.4.95","url":null,"abstract":"","PeriodicalId":42005,"journal":{"name":"AUSTRALIAN BUSINESS LAW REVIEW","volume":"1 1","pages":""},"PeriodicalIF":0.4,"publicationDate":"2022-12-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"76745102","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}
Metaverse is positioned to be a new world where life, including commerce, befalls in a drastically different manner: virtually instead of physically. The concept of a virtual world is not a new idea, its recent revitalization stems from new blockchain technology which enables its development. Resting on top of such technology, metaverse is seemingly poised to alter commerce along with multiple other human interactions, predictably, legal issues will mature alongside these developments. The objective of this article is to merely introduce the principal legal issues most likely to be created or intensified by the eventual, complete development of metaverse. The principal issues include: (1) privacy and data collection and use; (2) privacy and artificial intelligence (AI); (3) the legal standing of cryptocurrency; and (4) the more distant but likely development of a new ‘natural law’. metaverse, privacy, data collection, data use, artificial intelligence, natural law, blockchain technology, cryptocurrency
{"title":"Legal Issues Inside the Unnatural World of Metaverse","authors":"Richard L. Pate","doi":"10.54648/bula2022028","DOIUrl":"https://doi.org/10.54648/bula2022028","url":null,"abstract":"Metaverse is positioned to be a new world where life, including commerce, befalls in a drastically different manner: virtually instead of physically. The concept of a virtual world is not a new idea, its recent revitalization stems from new blockchain technology which enables its development. Resting on top of such technology, metaverse is seemingly poised to alter commerce along with multiple other human interactions, predictably, legal issues will mature alongside these developments. The objective of this article is to merely introduce the principal legal issues most likely to be created or intensified by the eventual, complete development of metaverse. The principal issues include: (1) privacy and data collection and use; (2) privacy and artificial intelligence (AI); (3) the legal standing of cryptocurrency; and (4) the more distant but likely development of a new ‘natural law’.\u0000metaverse, privacy, data collection, data use, artificial intelligence, natural law, blockchain technology, cryptocurrency","PeriodicalId":42005,"journal":{"name":"AUSTRALIAN BUSINESS LAW REVIEW","volume":"18 1","pages":""},"PeriodicalIF":0.4,"publicationDate":"2022-10-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"79641589","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}
Introduction: Myanmar and Its Foreign Policy The State Law and Order Restoration Council (SLORC), which assumed power after a military coup on 18 September 1988 in response to a widespread breakdown of government authority, changed the country's name from Burma to the Union of Myanmar on 18 June 1989. SLORC was reconstituted as the State Peace and Development Council (SPDC) in November 1997 and the latter currently rules Myanmar by decree. Myanmar is the second largest country (after Indonesia) among the ten states of the Association of Southeast Asian Nations (ASEAN) to which it was admitted in July 1997. Situated within continental Southeast Asia, Myanmar has a 1,385 miles-long coastline and shares land borders with five neighbouring states as depicted in Table 1.
{"title":"A Special Relationship?","authors":"David Flint","doi":"10.54648/bula2022037","DOIUrl":"https://doi.org/10.54648/bula2022037","url":null,"abstract":"Introduction: Myanmar and Its Foreign Policy The State Law and Order Restoration Council (SLORC), which assumed power after a military coup on 18 September 1988 in response to a widespread breakdown of government authority, changed the country's name from Burma to the Union of Myanmar on 18 June 1989. SLORC was reconstituted as the State Peace and Development Council (SPDC) in November 1997 and the latter currently rules Myanmar by decree. Myanmar is the second largest country (after Indonesia) among the ten states of the Association of Southeast Asian Nations (ASEAN) to which it was admitted in July 1997. Situated within continental Southeast Asia, Myanmar has a 1,385 miles-long coastline and shares land borders with five neighbouring states as depicted in Table 1.","PeriodicalId":42005,"journal":{"name":"AUSTRALIAN BUSINESS LAW REVIEW","volume":"31 1","pages":""},"PeriodicalIF":0.4,"publicationDate":"2022-10-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"77042564","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}
Of late, the harsh realities of being an Insolvency Resolution Professional (RP) in the Indian insolvency regime have come to the forefront. RPs have been kidnapped, beaten up, arrested, threatened and prosecuted for criminal charges. Unfortunately, both the United Nations Conference on International Trade Law (UNCITRAL) Guide on Insolvency and the domestic Insolvency and Bankruptcy Code in India, do not provide for a foolproof mechanism required to arm the RPs to defend against such attacks. While the Courts have come to the rescue of RPs who have been victims to such violence, this article argues for a more radical change through a possible amendment in the Code which enables strict corporeal punishment for such violation of personal liberties. resolution professional, threat, police protection, discharge of duty and insolvency code
{"title":"Protection of Resolution Professionals in India: The Frontline Workers in a CIRP","authors":"Nidhisha Garg","doi":"10.54648/bula2022032","DOIUrl":"https://doi.org/10.54648/bula2022032","url":null,"abstract":"Of late, the harsh realities of being an Insolvency Resolution Professional (RP) in the Indian insolvency regime have come to the forefront. RPs have been kidnapped, beaten up, arrested, threatened and prosecuted for criminal charges. Unfortunately, both the United Nations Conference on International Trade Law (UNCITRAL) Guide on Insolvency and the domestic Insolvency and Bankruptcy Code in India, do not provide for a foolproof mechanism required to arm the RPs to defend against such attacks. While the Courts have come to the rescue of RPs who have been victims to such violence, this article argues for a more radical change through a possible amendment in the Code which enables strict corporeal punishment for such violation of personal liberties.\u0000resolution professional, threat, police protection, discharge of duty and insolvency code","PeriodicalId":42005,"journal":{"name":"AUSTRALIAN BUSINESS LAW REVIEW","volume":"60 1","pages":""},"PeriodicalIF":0.4,"publicationDate":"2022-10-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"88891390","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}
E-commerce and social media have emerged because of the Internet’s development. Business transactions are concluded through it between persons from all over the world who may never meet in person throughout their lives. Flowing from modern trends, a significant number of transactions are completed online on digital platforms and social media. As Nigeria continues to grow and transform in the information and computer technology space, its laws are yet to match the pace of this transition fully. While Nigerians continue to benefit from this development, the profits from online commercial transactions have not been fully captured in Nigeria’s tax bracket. There is no doubt that fully harnessing the taxation of e-commerce and social media companies would boost the revenue and contribute to the development of Nigeria. This article examines how e-commerce and social media were taxed before the enactment of the Finance Act 2020 and how the Act has brought e-commerce into the Nigerian tax net. This article will also attempt to highlight the experience from other jurisdictions in the taxation of social media and e-commerce, noting the lessons that Nigeria can gain from them. Finally, this article will recommend steps for achieving a fair implementation of the law on the subject. Taxation, social media, e-commerce, Significant Economic Presence, Revenue, Double Tax Treaty, Digital Services, Non-Resident Companies, Technology, Globalization
{"title":"Assessing the Legal Regime for the Taxation of E-commerce and Social Media Organizations in Nigeria","authors":"Charles Nwabulu, Oluwatobi Olakanye","doi":"10.54648/bula2022030","DOIUrl":"https://doi.org/10.54648/bula2022030","url":null,"abstract":"E-commerce and social media have emerged because of the Internet’s development. Business transactions are concluded through it between persons from all over the world who may never meet in person throughout their lives. Flowing from modern trends, a significant number of transactions are completed online on digital platforms and social media. As Nigeria continues to grow and transform in the information and computer technology space, its laws are yet to match the pace of this transition fully. While Nigerians continue to benefit from this development, the profits from online commercial transactions have not been fully captured in Nigeria’s tax bracket.\u0000There is no doubt that fully harnessing the taxation of e-commerce and social media companies would boost the revenue and contribute to the development of Nigeria. This article examines how e-commerce and social media were taxed before the enactment of the Finance Act 2020 and how the Act has brought e-commerce into the Nigerian tax net. This article will also attempt to highlight the experience from other jurisdictions in the taxation of social media and e-commerce, noting the lessons that Nigeria can gain from them. Finally, this article will recommend steps for achieving a fair implementation of the law on the subject.\u0000Taxation, social media, e-commerce, Significant Economic Presence, Revenue, Double Tax Treaty, Digital Services, Non-Resident Companies, Technology, Globalization","PeriodicalId":42005,"journal":{"name":"AUSTRALIAN BUSINESS LAW REVIEW","volume":"47 1","pages":""},"PeriodicalIF":0.4,"publicationDate":"2022-10-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"88490426","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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