5,214 Works

Energy-efficient control of shopping center HVAC

Joakim Børlum Petersen

What Do Humanities Researchers Do?

Lasse Gøhler Johansson

Conceptual Fallacies behind the Idea of Unprotected Intellectual Works

Yoshiyuki Tamura
In the midst of the global pervasive proliferation of intellectual property protection, an ‘if there exists unprotected intellectual works, it is a bad thing’ -type argument can be observed in several ways. Actually, in legal theory, as well as in the enforcement of intellectual property rights, we often hear suggested that there is an area without any protection of intellectual works or if there is any legal protection, it is deemed to be insufficient with...

The Different Meanings of International Commercial Conciliation

Jaakko Henrik Salminen
The meanings of legal textual objects, such as laws, legal principles, concepts, and judgments, change over time. New meanings are proposed by legislators, courts, lawyers, and other legal actors, and are then argued over in courts. In this article, based on my 2011 Master’s thesis, I discuss some of the different meanings proposed for conciliation1 in the context of international commercial dispute resolution. On the basis of contemporary legislative material, caselaw and jurisprudence, I identify...

Sustainability Clauses in International Supply Chain Contracts: Regulation, Enforceability and Effects of Ethical Requirements

Katerina Peterkova Mitkidis
Our current society is not successful in mitigation of global social and environmental challenges. States lack legal tools, and sometimes also the will, to secure social and environmental interests transnationally and the existing soft and private regulation is criticized for its weak legitimacy, effectiveness and enforcement. Regardless of this regulatory gap, companies who do not comply with the globally accepted sustainability standards run reputational risks that can lead to long-term negative economic effects. Moreover, stakeholders...

What Bothers Innovation in China: Is It Only a Question of Counterfeits?

Yajie Zhao
Starting with a comparison of litigation data between Western litigants and Chinese officials on both public and private level, this article stands in the shoes of the foreign intellectual property (IP) right holders asking why a sound made by western society resonates so differently in China? This is done through the eyes of the Chinese adjudicators and the system as a whole: where, how long and with what results. It briefly lists various characteristics of...

International Commercial Law from a Nordic and Baltic Perspective: Status and Current Challenges

Thomas Neumann
On 18 September 2014 the Secretariat of the United Nations Commission on International Trade Law (UNCITRAL) and the department of law at Aarhus University hosted a joint conference to take stock of the recent changes in the field of international commercial law in the Nordic and Baltic region. The region had long been a place of numerous reservations against the full and unrestricted application of the 1980 UN Sales Convention (CISG). When Finland decided to...

THE ARBITRATION INSTITUTE OF THE STOCKHOLM CHAMBER OF COMMERCE

Ulf Franke
The Arbitration Institute of the Stockholm Chamber of Commerce (SCC Institute) was established already in 1917 and has since then been active in both domestic and international arbitration. While at the outset the SCC Institute mainly administered domestic arbitrations, the international activities have increased significantly over the past twenty-five years. Out of the about 160 cases in 2004, roughly half the number is international. Although the international cases involve parties from virtually all parts of...

THE FORMATION OF THE CONTRACT IN THE UN CONVENTION ON THE INTERNATIONAL SALE OF GOODS: A COMPARATIVE ANALYSIS

Giulio Giannini
A contract is formed when parties express their agreement in congruent declarations, a prior offer and a consequence acceptance. For a long time there was no practical need to force consent into the structure of offer and acceptance because parties always made their contracts face to face. In Rome, for example, contractual obligations were originally made by stipulatio, for which the parties needed to be physically present together, and even when this formality was dropped,...

On the back of a beer coaster – Simple estimates for costs and revenues in business modelling

Christian Lehmann & Christina Melanie Bidmon
Validating the profit formula of a business idea is a difficult task for students and entrepreneurs alike. With the “Business Coaster” we present a simple tool that helps students to get in touch with numbers and design the value capture-side of a business model.

From Invention to Innovation: teaching business models to manufacturing researchers

Antonio Maffei & Eleonora Boffa
This work presents the constructively aligned design and implementation of the doctoral course “business driven production development” at KTH in Stockholm. The educational unit was launched in 2016: evaluation suggests that learners perceive the content as a much-required complement to their technical education towards an increase of their contribution´s impact.

CISG Advisory Council: Opinion No. 8 Calculation of Damages under CISG Articles 75 and 76

John Y. Gotunda
CISG Advisory Council: Opinion No. 8 Calculation of Damages under CISG Articles 75 and 76

The WTO Perspective on Subsidies in International Trade

Gurwinder Singh
Not long after the end of the Second World War economists and policy makers started considering free trade as a method of maximizing welfare, and also as a means of finding solutions to social and political problems. After the formation of the GATT in 1947 and WTO in 1995, governmental policies of the member states have continued moving forward to a system of free trade. The majority of nations have started following liberal trade policies,...

Samkørsel i Danmark – fremtidens mobilitetsform?

Maria Hornbæk Kristensen & Michella Sofie Bigom Nielsen
Har samkørsel et potentiale som fremtidens mobilitetsform, og hvordan kan brugen af samkørsel øges i Dan-mark er spørgsmål, der besvares i denne artikel. Dette undersøges gennem et litteraturstudie, en klyngeana-lyse med baggrund i en spørgeskemaundersøgelse, fokusgruppeinterviews, samt en analyse af samkørsels-data fra samkørselstjenesten nabogo. Det er fundet, at samkørsel har et potentiale for fremtidens mobilitet, da danskerne er åbne overfor mobilitetsformen, og ser flere fordele ved samkørsel særligt med hensyn til klimaet og miljøet. Samkørsel...

Strategic Choices for Media Managers: A Conceptual Framework for Strategy Adoption

Mohammad Abooyee Ardakan & Saeid Ghanbary
Purpose: Strategy adoption for media businesses has been a major concern for both researchers and executives due to environmental turbulence that such organizations have experienced during the last two decades. The purpose of this article is to elaborate on a comprehensive model through which media businesses could have a clear macro guideline of strategy development, based on the life cycle of their organization, as well as the contextual conditions of their environment. Method: Combining the...

Section 230 and the U.S Policy Debates Surrounding Content Moderation and Online Speech

Jennifer Huddleston
This paper provides an overview of Section 230, a law that provides broad liability protection in the United States for online platforms regarding user-generated content, and the ongoing debates about the impact of the law, content moderation, and online speech. It begins by explaining the intended purposes of Section 230, discusses criticisms it currently faces, and reviews the potential consequences and policy concerns with many of the proposed changes. It concludes that Section 230 remains...

Policy for Fostering Entrepreneurship and Innovation in Creative Industries

Zhan Su & Hadi Zarea
This policy review describes the efforts to develop an ecosystem to boost innovation in creative industries. Since the 2017 re-imposition of the US-led sanctions on Iran, creative industries in the country emerged as a competitive advantage which could help lessen reliance on foreign countries and generate revenues through self-sufficiency. Accordingly, the Iranian government has invested in creative industries ecosystem to foster entrepreneurship and innovation. This policy review briefly touches on Iran's experiences in the implementation...

THE APPLICATION OF THE CISG IN THE CURRENT PRC LAW AND CIETAC ARBITRATION PRACTICE

Fan Yang
It is generally acknowledged that the CISG has influenced the legislation of the People’s Republic of China (PRC), but what and where exactly are the influences? How and to what extent has the CISG influenced the PRC legislations and/or legislators? A careful study of the interaction between the CISG and the legislation history and development of the PRC Law is needed. This chapter will address these issues before reviewing the application of the CISG in...

CISG ADVISORY COUNCIL OPINION NO. 4 [1]

Pilar Perales Viscasillas
CISG ADVISORY COUNCIL OPINION NO. 4 [1]: Contracts for the Sale of Goods to Be Manufactured or Produced and Mixed Contracts (Article 3 CISG) [2]

EFFECTS OF AVOIDANCE: Perspectives from the CISG, UNIDROIT Principles and PECL and case law

Chengwei Liu
Under the United Nations Convention on Contracts for the International Sale of Goods (1980; “CISG” or “Convention”), the effects of avoidance are described in Arts. 81 to 84, four articles of unequal importance dealing with the consequences which result from a declaration of avoidance accomplished by a party in accordance with the conditions set forth in CISG Arts. 49, 51, 64, 72 and 73.2 Among the four, Art. 81 states the basic consequences of avoidance,3...

IS THE SHIP'S RAIL REALLY SIGNIFICANT?

Reannon Hemmings
The development of containerisation has not only simplified the carriage of goods but has also changed the legal relationship between seller and buyer. As a consequence some of the INCOTERMS 2000 such as Free on Board (FOB) are now often used incorrectly. Traders instead should make use of the more suitable multimodal term, namely Free Carrier (FCA). A comparison of the two terms on the basis of risk transfer indicates that differences occur and significant...

Sovereign Wealth Funds and the Quest for Sustainability: Insights from Norway and New Zealand

Benjamin J. Richardson
An impressive trend in global financial markets is the growth of sovereign wealth funds (SWFs), some of which purport to invest ethically by considering the social and environmental impact of their financing. Yet, like private investors, these funds primarily view themselves as financial institutions interested in enhancing investment returns. A significant tension, therefore, may emerge between the ethical and financial expectations of SWFs. This article investigates two contrasting cases, the Norwegian Government Pension Fund -...

Application and the Interpretation of the CISG in Finnish Case Law 1997–2005

Sanna Tohka
The United Nations Convention for the International Sale of Goods (hereinafter the CISG or the Convention) was unanimously approved by a Diplomatic Conference of sixty-two States in Vienna, Austria on 11 April 1980. As of 15 August 2010, the United Nations Commission on International Trade Law (UNCITRAL) reports that 76 States have adopted the CISG, including the Nordic Countries, Russia, USA and China.1 The purpose of the CISG is to promote uniformity in the sphere...

An “Unconventional Truth”: Conflict of Laws Issues Arising under the CISG

Antonin I. Pribetic
The United Nations Convention on Contracts for the International Sale of Goods, 1980 (CISG) 1 is the uniform international sales law of countries that account for two-thirds of all world trade. AfterN ten years of preparatory work by UNCITRAL, the CISG was adopted in April 1980 at the United Nations Diplomatic Conference attended by sixty-two states. It later entered into force in January 1988. From a contractual perspective, the CISG is generally regarded as the...

A theory of the Law and Policy of Intellectual Property - Building a New Framework

Yoshiyuki Tamura & Nari Lee
Two conflicting theories explain and justify the foundation of intellectual property.1 At one extreme, natural rights theory justifies the foundation of intellectual property rights to be based on the natural right that originates from the act of creation, as one owns one’s own creation. At the other end of spectrum is the theory that allowing free-riding by the second runner who imitates would give the second runner an excessive advantage and provides a disincentive to...

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