he bunker industry has faced negative perception to their trust and credibility in recent times.This is further compounded by the need for the industry to answer new challenges to meet the requirement of the Internati...he bunker industry has faced negative perception to their trust and credibility in recent times.This is further compounded by the need for the industry to answer new challenges to meet the requirement of the International Maritime Organization 2020.The aim of this work is to illustrate how blockchain technology may be adopted for aiding in bunker dispute resolution.To demonstrate how blockchain may aid in disputes within the bunker industry,this paper first examines the existing bunker supply process,which involves the formation of contracts under English law,the Bunker Delivery Notes,the different types of disputes that may arise during a bunker transaction and the methods of dispute resolution utilised by the industry.Furthermore,the current literature in relation to blockchain technology and blockchain smart contracts is examined.Finally,interviews and surveys within the industry have been conducted to identify the benefits and challenges in adopting blockchain technology.The research found that blockchains may benefit the bunker supply chain offering the effective resolution of bunker quality disputes.Furthermore,blockchains may also serve as a verification tool for electronic bunker delivery notes,which may aid quality and quantity bunker disputes as well as compliance with the new International Maritime Organisation 2020 requirements.As a result,despite the research having shown blockchain to be situationally dependent and having an element of legal uncertainty,blockchain does offer a solution to aid in bunker disputes and for improving the trust and credibility within the bunker industry.展开更多
In the case of legal disputes,litigation can be costly,confrontational,and take years to complete.Today more than ever,businesses are more likely to operate on a global scale,and are increasingly partial to alternativ...In the case of legal disputes,litigation can be costly,confrontational,and take years to complete.Today more than ever,businesses are more likely to operate on a global scale,and are increasingly partial to alternative dispute resolution(ADR)processes.ADR can result in quicker,non-adversarial outcomes that are enforceable in multiple jurisdictions.The use of ADR has been on the rise,particularly in Asia,with its maturing markets and growing sophistication of businesses.展开更多
Space exploration and utilization have surged in recent years,with the increasing interest of private space farers,in space tourism and business.This surge in space activities leads to a mounted concern for space disp...Space exploration and utilization have surged in recent years,with the increasing interest of private space farers,in space tourism and business.This surge in space activities leads to a mounted concern for space disputes between these actors,denoting devoir for an effective,efficient,adequate and swift dispute resolution framework.This paper presents a comprehensive analysis of the existing legal framework for outer space dispute resolution,the need for an effective,efficient and swift dispute resolution framework.Further this paper proposes an artificial intelligence(AI)forum for an outer space dispute resolution legal framework under the umbrella of the UNCOPUOS.展开更多
Over the past several decades natural resource issues have become highly controversial, even playing out on the national or international stage. While natural resource science has advanced, the controversy has not gon...Over the past several decades natural resource issues have become highly controversial, even playing out on the national or international stage. While natural resource science has advanced, the controversy has not gone away. If anything, it has gotten worse. The reality is that natural resource managers need to be as skilled at addressing public concerns as they are with resource science. Fortunately, over the same period the social sciences have produced useful tools that can aid natural resource managers. But resource managers need to know about these tools and be trained in their use. The purpose of this article is to provide an introduction to some of the social science tools or approaches that have proven to reduce political conflict over resource issues. When beginning a major project, resource managers can review this list to see which of these approaches might prevent or mitigate controversy. References are provided for each tool as a starting place for further exploration.展开更多
E-commerce plays an essential role in modern trade today.It is expected that e-commerce volume amounted to 29 trillion USD in the world in 2017,and would grow with the spread of the Internet and information and commun...E-commerce plays an essential role in modern trade today.It is expected that e-commerce volume amounted to 29 trillion USD in the world in 2017,and would grow with the spread of the Internet and information and communication technologies(ICTs).Brazil,Russia,India,China and South Africa(BRICS),together with many others,consider e-commerce a means to facilitate rapid,inclusive and sustainable economic growth,improving the living standards and alleviating poverty.This article examines areas for potential cooperation by BRICS countries in e-commerce development across rural and remote areas to fight poverty.It analyses the current state of e-commerce development in rural and remote areas in each of the BRICS countries,including cases of public and private initiatives to support it.The article also defines the opportunities which e-commerce brings to people living in rural and remote areas.Moreover,it evaluates the existing challenges and risks.The article concludes that despite the rapid e-commerce development in BRICS countries,and significant opportunities created,there are still issues of disproportionate e-commerce in varied regions and the lack of BRICS cooperation in this sphere.Based on a comparative and normative in-depth,systematic analysis,the article develops a set of recommendations for deepening BRICS countries'cooperation in the following areas:infrastructure in rural and remote regions;education;consumer protection;online dispute resolution;coordinated policy in the international scene,including representation of BRICS countries in international indexes,such as the Organization of Economic Co-operation and Development(OECD)Digital Services Trade Restrictiveness Index(STRI).展开更多
As cross-border electronic commerce(CBEC)has become a new path to serve the Belt and Road(B&R)Initiative,it is imperative to develop an efficient,convenient and simple online dispute resolution(ODR)mechanism to fa...As cross-border electronic commerce(CBEC)has become a new path to serve the Belt and Road(B&R)Initiative,it is imperative to develop an efficient,convenient and simple online dispute resolution(ODR)mechanism to facilitate the CBEC among the B&R countries.This study examines the legislative practice of the European Union(EU),the United Nations Commission on International Trade Law(UNCITRAL),and the Organization of American States(OAS)in the ODR mechanisms for CBEC.The findings provide reference and inspiration for China’s essential role in developing an ODR mechanism for CBEC among the B&R countries.Legally,ODR for CBEC between the B&R countries is essentially an innovative combination of rule by technology and rule by private law.In light of related principles(e.g.,special consumer protection,procedural fairness,and consumers’personal information and data protection),China should develop an ODR mechanism(involving compromise,mediation,online arbitration,and online court)for CBEC among the B&R countries based on China’s experience in the ODR for CBEC.展开更多
In this article,we draw attention to raising tax certainty in cross-border tax disputes through a body of experts(BoE).Establishing and developing of a BoE on a non-legally binding basis to help prevent and resolve cr...In this article,we draw attention to raising tax certainty in cross-border tax disputes through a body of experts(BoE).Establishing and developing of a BoE on a non-legally binding basis to help prevent and resolve cross-border tax disputes aims to facilitate harmony in the dynamically evolving international tax environment.This,hopefully,elevates Confucius’everyday wisdom of“harmony is precious”to the global tax arena.展开更多
The successful implementation of the Global Anti-Base Erosion(GloBE)rules on a global scale cannot be achieved without an international effective dispute prevention and resolution mechanism.However,the developme...The successful implementation of the Global Anti-Base Erosion(GloBE)rules on a global scale cannot be achieved without an international effective dispute prevention and resolution mechanism.However,the development of a dispute prevention and resolution framework for the GloBE rules faces significant challenges.This article offers two possible options for an effective dispute prevention and resolution mechanism:a model based on reciprocal domestic legislations and the multilateral convention model.展开更多
Tax cooperation is a foundation for tax certainty thereby contributing to an investment climate that fosters sustainable economic growth.To make tax cooperation effective,a platform for jurisdictions to exchange thoug...Tax cooperation is a foundation for tax certainty thereby contributing to an investment climate that fosters sustainable economic growth.To make tax cooperation effective,a platform for jurisdictions to exchange thoughts and align ap-proaches is needed.The BRITACOM has established itself as such a relevant platform for its members and already achieved many great results,e.g.when it comes to ca-pacity building via the establishment of the BRITACEG and its Curriculum.But there are many more opportunities,one of which could be the establishment of a joint dispute resolution body.展开更多
Raising tax certainty constitutes a fundamental for investment de-cisions by multinational enterprises(MNEs)while it is highly valuable also for tax administrations.Therefore,it has been considered as one of the core ...Raising tax certainty constitutes a fundamental for investment de-cisions by multinational enterprises(MNEs)while it is highly valuable also for tax administrations.Therefore,it has been considered as one of the core areas by the BRITACOM parties.Over the past few years,considerable attention has been devoted to improving tax certainty while new challenges arise.This article analyses some of the recent advances and emerging initiatives in terms of raising tax certaintywww.britacom.org mechanisms for cross-border transactions in areas such as dispute prevention and resolution,transfer pricing,General Anti-Avoidance Rules(GAARs)and the taxation of digital economy.展开更多
This article summarizes a Dutch court case regarding a business restructuring within a multinational enterprise,where the valuation of the transferred business activities was not confirmed by the tax authorities...This article summarizes a Dutch court case regarding a business restructuring within a multinational enterprise,where the valuation of the transferred business activities was not confirmed by the tax authorities in advance.As a result of the lack of certainty beforehand,the taxpayer experienced a significant tax correction.According to the author’s perspective,this situation could have been prevented by seeking certainty in advance.展开更多
cyber-space has become increasingly important for human activities,and intelligent algorithms are widely used in cyber-space,we are rapidly entering an intelligent society.Now,algorithmic enforcement and regulations o...cyber-space has become increasingly important for human activities,and intelligent algorithms are widely used in cyber-space,we are rapidly entering an intelligent society.Now,algorithmic enforcement and regulations of law have posed non-negligible issues.As algorithmic enforcement of copyright law was introduced earlier than that of other laws,it provides a helpful observation perspective.The worldwide practice of copyright enforcement has gradually departed from traditional"safe harbor provisions,"and has emphasized prior examination of shared contents uploaded by Internet service providers'(ISPs)users through the following three dimensions:automated infringement detection algorithms voluntarily used by the ISPs,heavier judicial liability of ISPs,and updated legislation principles.Thus,innovations and development have stimulated new mechanisms and regulations for enforcing copyright in cyberspace.Algorithmic enforcement of copyright law in an intelligent society is essential and meaningful.The copyright regulation mechanisms should be guided by jurisprudential principles and concepts featuring the principles of(a)legitimate and efficient flow of information,(b)balance between and among algorithmic power,public power and private rights,(c)boosting the sharing economy and the new gig economy,and(d)promoting social governance philosophy of"coconstruction,co-governance and sharing."These principles are meaningful for creation of a new mechanism for balancing interests between ISPs and their users,and for introducing the pluralistic co-governance mechanism beyond simply practicing"filtering obligations."In addition,these principles are significant for improving a certification with credibility of copyright status and ownership,and for advancing a mechanism for onlinecollegiate-panel dispute resolution.展开更多
Sino-Ghana business relationship has grown tremendously over the past two decades. The legal environment of this relationship will be analyzed critically and suggestions for improvement will be made in this article to...Sino-Ghana business relationship has grown tremendously over the past two decades. The legal environment of this relationship will be analyzed critically and suggestions for improvement will be made in this article to further enhance this burgeoning relationship. In October 1989, Ghana and China signed an agreement concerning the encouragement and reciprocal protection of investment, known as the China-Ghana Bilateral Investment Treaty, which came into effect on November 22, 1991. There will be a review of this agreement which sought to provide an equitable treatment and enjoyment of protection in investments between the two countries based on the Most Favored Nation principle.展开更多
An effective mechanism for dispute prevention and resolution is im-portant to both tax administrations and taxpayers in achieving tax certainty.The Hong Kong Special Administrative Region of the People’s Republic of ...An effective mechanism for dispute prevention and resolution is im-portant to both tax administrations and taxpayers in achieving tax certainty.The Hong Kong Special Administrative Region of the People’s Republic of China(Hong Kong)has implemented frontend dispute prevention and backend dispute resolution mech-anisms,including advance ruling,advance pricing arrangement(APA)and mutual agreement procedure(MAP)systems.This article explains in detail the requirements and procedures and shares the practical experience relating to advance ruling,APA and MAP in Hong Kong region.展开更多
Tax certainty is key for both businesses and governments to optimise investments and economic progress.This article shares the experience of the Inland Revenue Authority of Singapore and the approaches taken to provid...Tax certainty is key for both businesses and governments to optimise investments and economic progress.This article shares the experience of the Inland Revenue Authority of Singapore and the approaches taken to provide a more certain tax environment for taxpayers.展开更多
文摘he bunker industry has faced negative perception to their trust and credibility in recent times.This is further compounded by the need for the industry to answer new challenges to meet the requirement of the International Maritime Organization 2020.The aim of this work is to illustrate how blockchain technology may be adopted for aiding in bunker dispute resolution.To demonstrate how blockchain may aid in disputes within the bunker industry,this paper first examines the existing bunker supply process,which involves the formation of contracts under English law,the Bunker Delivery Notes,the different types of disputes that may arise during a bunker transaction and the methods of dispute resolution utilised by the industry.Furthermore,the current literature in relation to blockchain technology and blockchain smart contracts is examined.Finally,interviews and surveys within the industry have been conducted to identify the benefits and challenges in adopting blockchain technology.The research found that blockchains may benefit the bunker supply chain offering the effective resolution of bunker quality disputes.Furthermore,blockchains may also serve as a verification tool for electronic bunker delivery notes,which may aid quality and quantity bunker disputes as well as compliance with the new International Maritime Organisation 2020 requirements.As a result,despite the research having shown blockchain to be situationally dependent and having an element of legal uncertainty,blockchain does offer a solution to aid in bunker disputes and for improving the trust and credibility within the bunker industry.
文摘In the case of legal disputes,litigation can be costly,confrontational,and take years to complete.Today more than ever,businesses are more likely to operate on a global scale,and are increasingly partial to alternative dispute resolution(ADR)processes.ADR can result in quicker,non-adversarial outcomes that are enforceable in multiple jurisdictions.The use of ADR has been on the rise,particularly in Asia,with its maturing markets and growing sophistication of businesses.
基金funded by the National Social Science Foundation of China(Grant No.20CFX078)the Science and Technology Innovation Project of the Beijing Institute of Technology.
文摘Space exploration and utilization have surged in recent years,with the increasing interest of private space farers,in space tourism and business.This surge in space activities leads to a mounted concern for space disputes between these actors,denoting devoir for an effective,efficient,adequate and swift dispute resolution framework.This paper presents a comprehensive analysis of the existing legal framework for outer space dispute resolution,the need for an effective,efficient and swift dispute resolution framework.Further this paper proposes an artificial intelligence(AI)forum for an outer space dispute resolution legal framework under the umbrella of the UNCOPUOS.
文摘Over the past several decades natural resource issues have become highly controversial, even playing out on the national or international stage. While natural resource science has advanced, the controversy has not gone away. If anything, it has gotten worse. The reality is that natural resource managers need to be as skilled at addressing public concerns as they are with resource science. Fortunately, over the same period the social sciences have produced useful tools that can aid natural resource managers. But resource managers need to know about these tools and be trained in their use. The purpose of this article is to provide an introduction to some of the social science tools or approaches that have proven to reduce political conflict over resource issues. When beginning a major project, resource managers can review this list to see which of these approaches might prevent or mitigate controversy. References are provided for each tool as a starting place for further exploration.
文摘E-commerce plays an essential role in modern trade today.It is expected that e-commerce volume amounted to 29 trillion USD in the world in 2017,and would grow with the spread of the Internet and information and communication technologies(ICTs).Brazil,Russia,India,China and South Africa(BRICS),together with many others,consider e-commerce a means to facilitate rapid,inclusive and sustainable economic growth,improving the living standards and alleviating poverty.This article examines areas for potential cooperation by BRICS countries in e-commerce development across rural and remote areas to fight poverty.It analyses the current state of e-commerce development in rural and remote areas in each of the BRICS countries,including cases of public and private initiatives to support it.The article also defines the opportunities which e-commerce brings to people living in rural and remote areas.Moreover,it evaluates the existing challenges and risks.The article concludes that despite the rapid e-commerce development in BRICS countries,and significant opportunities created,there are still issues of disproportionate e-commerce in varied regions and the lack of BRICS cooperation in this sphere.Based on a comparative and normative in-depth,systematic analysis,the article develops a set of recommendations for deepening BRICS countries'cooperation in the following areas:infrastructure in rural and remote regions;education;consumer protection;online dispute resolution;coordinated policy in the international scene,including representation of BRICS countries in international indexes,such as the Organization of Economic Co-operation and Development(OECD)Digital Services Trade Restrictiveness Index(STRI).
基金funded by a soft science research project of Sichuan titled“Study of Legal Regulation of ODR for CBEC between the B&R Countries”(2020JDR0304).
文摘As cross-border electronic commerce(CBEC)has become a new path to serve the Belt and Road(B&R)Initiative,it is imperative to develop an efficient,convenient and simple online dispute resolution(ODR)mechanism to facilitate the CBEC among the B&R countries.This study examines the legislative practice of the European Union(EU),the United Nations Commission on International Trade Law(UNCITRAL),and the Organization of American States(OAS)in the ODR mechanisms for CBEC.The findings provide reference and inspiration for China’s essential role in developing an ODR mechanism for CBEC among the B&R countries.Legally,ODR for CBEC between the B&R countries is essentially an innovative combination of rule by technology and rule by private law.In light of related principles(e.g.,special consumer protection,procedural fairness,and consumers’personal information and data protection),China should develop an ODR mechanism(involving compromise,mediation,online arbitration,and online court)for CBEC among the B&R countries based on China’s experience in the ODR for CBEC.
文摘In this article,we draw attention to raising tax certainty in cross-border tax disputes through a body of experts(BoE).Establishing and developing of a BoE on a non-legally binding basis to help prevent and resolve cross-border tax disputes aims to facilitate harmony in the dynamically evolving international tax environment.This,hopefully,elevates Confucius’everyday wisdom of“harmony is precious”to the global tax arena.
文摘The successful implementation of the Global Anti-Base Erosion(GloBE)rules on a global scale cannot be achieved without an international effective dispute prevention and resolution mechanism.However,the development of a dispute prevention and resolution framework for the GloBE rules faces significant challenges.This article offers two possible options for an effective dispute prevention and resolution mechanism:a model based on reciprocal domestic legislations and the multilateral convention model.
文摘Tax cooperation is a foundation for tax certainty thereby contributing to an investment climate that fosters sustainable economic growth.To make tax cooperation effective,a platform for jurisdictions to exchange thoughts and align ap-proaches is needed.The BRITACOM has established itself as such a relevant platform for its members and already achieved many great results,e.g.when it comes to ca-pacity building via the establishment of the BRITACEG and its Curriculum.But there are many more opportunities,one of which could be the establishment of a joint dispute resolution body.
文摘Raising tax certainty constitutes a fundamental for investment de-cisions by multinational enterprises(MNEs)while it is highly valuable also for tax administrations.Therefore,it has been considered as one of the core areas by the BRITACOM parties.Over the past few years,considerable attention has been devoted to improving tax certainty while new challenges arise.This article analyses some of the recent advances and emerging initiatives in terms of raising tax certaintywww.britacom.org mechanisms for cross-border transactions in areas such as dispute prevention and resolution,transfer pricing,General Anti-Avoidance Rules(GAARs)and the taxation of digital economy.
文摘This article summarizes a Dutch court case regarding a business restructuring within a multinational enterprise,where the valuation of the transferred business activities was not confirmed by the tax authorities in advance.As a result of the lack of certainty beforehand,the taxpayer experienced a significant tax correction.According to the author’s perspective,this situation could have been prevented by seeking certainty in advance.
基金Project of Scientific Research Fund of Renmin University of China(2015030030)supported by the Fundamental Research Funds for the Central Universities.
文摘cyber-space has become increasingly important for human activities,and intelligent algorithms are widely used in cyber-space,we are rapidly entering an intelligent society.Now,algorithmic enforcement and regulations of law have posed non-negligible issues.As algorithmic enforcement of copyright law was introduced earlier than that of other laws,it provides a helpful observation perspective.The worldwide practice of copyright enforcement has gradually departed from traditional"safe harbor provisions,"and has emphasized prior examination of shared contents uploaded by Internet service providers'(ISPs)users through the following three dimensions:automated infringement detection algorithms voluntarily used by the ISPs,heavier judicial liability of ISPs,and updated legislation principles.Thus,innovations and development have stimulated new mechanisms and regulations for enforcing copyright in cyberspace.Algorithmic enforcement of copyright law in an intelligent society is essential and meaningful.The copyright regulation mechanisms should be guided by jurisprudential principles and concepts featuring the principles of(a)legitimate and efficient flow of information,(b)balance between and among algorithmic power,public power and private rights,(c)boosting the sharing economy and the new gig economy,and(d)promoting social governance philosophy of"coconstruction,co-governance and sharing."These principles are meaningful for creation of a new mechanism for balancing interests between ISPs and their users,and for introducing the pluralistic co-governance mechanism beyond simply practicing"filtering obligations."In addition,these principles are significant for improving a certification with credibility of copyright status and ownership,and for advancing a mechanism for onlinecollegiate-panel dispute resolution.
文摘Sino-Ghana business relationship has grown tremendously over the past two decades. The legal environment of this relationship will be analyzed critically and suggestions for improvement will be made in this article to further enhance this burgeoning relationship. In October 1989, Ghana and China signed an agreement concerning the encouragement and reciprocal protection of investment, known as the China-Ghana Bilateral Investment Treaty, which came into effect on November 22, 1991. There will be a review of this agreement which sought to provide an equitable treatment and enjoyment of protection in investments between the two countries based on the Most Favored Nation principle.
文摘An effective mechanism for dispute prevention and resolution is im-portant to both tax administrations and taxpayers in achieving tax certainty.The Hong Kong Special Administrative Region of the People’s Republic of China(Hong Kong)has implemented frontend dispute prevention and backend dispute resolution mech-anisms,including advance ruling,advance pricing arrangement(APA)and mutual agreement procedure(MAP)systems.This article explains in detail the requirements and procedures and shares the practical experience relating to advance ruling,APA and MAP in Hong Kong region.
文摘Tax certainty is key for both businesses and governments to optimise investments and economic progress.This article shares the experience of the Inland Revenue Authority of Singapore and the approaches taken to provide a more certain tax environment for taxpayers.