{"title":"Risk Analysis from a Stakeholder First Perspective","authors":"Baoqi Yuan","doi":"10.56397/slj.2023.03.08","DOIUrl":"https://doi.org/10.56397/slj.2023.03.08","url":null,"abstract":"The widely held belief that corporate executives should only prioritize shareholders’ interests is eroding. However, there are risks involved if directors of the business are asked to concentrate on broad objectives that serve the interests of all of the company’s stakeholders. Therefore, this paper focuses on the risks arising under the broad objective that company directors are required to focus on serving all stakeholders of the company, including the risk of litigation that may arise from the actions of company directors, the moral hazard of infringement of stakeholders’ interests and the creation of risks such as damage to the company’s interests, based primarily on section 172 of the Companies Act 2006 and the relevant provisions of the Insolvency Act 1986 Overall, therefore, the conclusions of this paper provide some insight into the risks arising from the view that all stakeholders are paramount.","PeriodicalId":377631,"journal":{"name":"Studies in Law and Justice","volume":"38 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-03-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"122545455","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}
{"title":"Research on the Advisory Jurisdiction of the International Court of Justice","authors":"Qi Li","doi":"10.56397/slj.2023.03.06","DOIUrl":"https://doi.org/10.56397/slj.2023.03.06","url":null,"abstract":"The International Court of Justice (ICJ) is a sovereign intergovernmental judicial body of the United Nations for the settlement of international disputes, and the jurisdiction of the ICJ, as one of the main means for the ICJ to exercise criminal jurisdiction, includes both contentious and advisory jurisdiction. Among them, the advisory jurisdiction of the International Court of Justice is far less effective and influential than the contentious jurisdiction, but as a supplement to the contentious jurisdiction, it still has an important influence on the settlement of international disputes in the international field. In order to solve disputes in the international community and give full play to the role of international law, we need to continuously explore the realistic path to improve the advisory jurisdiction system of the ICJ. With our country, we can also promote the guarantee and realization of the advisory jurisdiction of the ICJ and promote the peaceful settlement of international disputes by increasing the degree of participation in the exercise of jurisdiction of the ICJ and playing the responsibility of superpowers.","PeriodicalId":377631,"journal":{"name":"Studies in Law and Justice","volume":"5 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-03-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"124457797","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}
{"title":"On the Assumption and Improvement of the Judicial Review Mechanism About the Central Bank","authors":"Jingchun Ji, Yuling Dong","doi":"10.56397/slj.2023.03.02","DOIUrl":"https://doi.org/10.56397/slj.2023.03.02","url":null,"abstract":"Generally speaking, judicial power and administrative power are two important national public powers in a country. It is precisely because of their respective powers that they need to form a check and balance relationship between them. The central bank, as an institution holding the important decisions of national monetary policy and national economic development, its relationship with the government ais either independent or subordinate to the government. It is a special administrative and financial institution. If some of its decisions and decisions are contrary to the national economic development goals, there should be a review mechanism that can review its decisions and decisions in advance to prevent the harm. The core of judicial review is judicial power, and the decision-making of the central bank belongs to the embodiment of administrative power. The check and balance of judicial power over administrative power is a new trend in new fields. This paper discusses the necessity, degree and scope of judicial review by the central bank, and the necessity of establishing a separate special institution, it provides some ideas for the construction of such a special judicial review institution.","PeriodicalId":377631,"journal":{"name":"Studies in Law and Justice","volume":"8 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-03-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"115734578","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}
{"title":"On Substantive Changes to Contracts Under the United Nations Convention on Contracts for the International Sale of Goods","authors":"Yuqing Wang","doi":"10.56397/slj.2023.03.03","DOIUrl":"https://doi.org/10.56397/slj.2023.03.03","url":null,"abstract":"First of all, it is important to clarify the premise that the most fundamental basis for the sale and purchase of goods between the international community and countries is in fact the contract for the sale and purchase of goods concluded between the buyer and the seller, and that this contract is the basis for the clarification of their rights and obligations between the parties and for the act of performance. The contract shall be formed on the basis of the act of offer and promise between the parties, so that the validity of the offer and promise has a direct influence on the formal formation of the contract and the subsequent act of sale and purchase of goods. National laws differ as to whether a promise must be identical to an offer. For example, in the common law system there is the well-known “mirror image principle”, which requires a high degree of conformity. Article 19 of the United Nations Convention on Contracts for the International Sale of Goods (CISG), however, provides for this in three main clauses. [i]Even though national laws and international treaties such as the CISG contain specific provisions on offers, promises and material changes to contracts, there is still much uncertainty in practice. This essay will extend the discussion of material change in contracts through a specific international trade case and will focus on the CISG provisions on material change in contracts and their content. Chapter 3 will provide reflections on material change based on the first two papers.","PeriodicalId":377631,"journal":{"name":"Studies in Law and Justice","volume":"130 2 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-03-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"116578153","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}
{"title":"Forensic Law in Hypoglycaemia-1","authors":"Derek C Beatty","doi":"10.56397/slj.2023.03.01","DOIUrl":"https://doi.org/10.56397/slj.2023.03.01","url":null,"abstract":"Hypoglycaemia, low Blood Glucose BG when BG falls below 3.0mmol/l exhibits Physiological Symptoms of Tremor, Sweating and Hunger, requiring prompt glucose treatment input which if not corrected leads to Confusion, Sensory Disturbance and Behaviour Change at 2.0mmol/l described as Neuroglycopenia. If Blood Glucose BG falls to 1.0mmol/l or 18mg/dl Diabetic Coma is likely to occur leading to unconsciousness and without fast acting glucose severe risk of death. An estimated 600 million patients with Diabetes are thought to exist in the World in 2022 and an estimated 4.5 million in the UK. It is estimated 10% of Diabetes patients are T1D Type 1 Diabetes Insulin Dependent and 90% T2D Type 2 Diabetes Patients Non-Insulin Dependent. Many T2D Patients may require Insulin Treatment several years after diagnosis. Does society really understand the daily burden the diabetes patient faces and the need if things go wrong to provide emergency patient support or the need for A1 Red Alert Emergency support in a hospital, and Paramedic Ambulance support in the Community? This is identified in the UK alone as over 95,000 Emergency Diabetes Hypoglycaemia Calls every year, many of which are potentially avoidable with better understanding and education with family and/or friend witness support.","PeriodicalId":377631,"journal":{"name":"Studies in Law and Justice","volume":"23 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-03-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"133116661","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}
{"title":"Deficiencies and Improvements in the Legal Regulation of Drivers’ Mental Health Conditions in China","authors":"Hang Li","doi":"10.56397/slj.2022.12.03","DOIUrl":"https://doi.org/10.56397/slj.2022.12.03","url":null,"abstract":"A driver’s mental health has a significant impact on his or her driving ability and traffic safety. A mentally ill driver driving a car is significantly more likely to be involved in a traffic accident than a healthy driver. The laws and regulations in place to address the driving risks of mentally ill drivers in China are inadequate and there is an urgent need for appropriate legal regulation to maintain road safety and public order. The main shortcoming of the law is the lack of a proper mechanism for assessing the driver’s mental state and the accompanying risk control measures for the temporary expiry of the driver’s licence, not to mention the re-validation of the licence after the driver’s mental state has been restored. China could learn from some of the EU and US practices and establish a legal mechanism to assess the mental health of drivers and control the validity of their driving licences based on the existing traffic law system.","PeriodicalId":377631,"journal":{"name":"Studies in Law and Justice","volume":"51 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-12-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"126880408","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}
{"title":"Study on the Legal Consequences of Revocation of the Appellate Award in the Internal Appellate Mechanism for Arbitration","authors":"Yongxin Li","doi":"10.56397/slj.2022.12.02","DOIUrl":"https://doi.org/10.56397/slj.2022.12.02","url":null,"abstract":"The traditional principle of finality in arbitration has certain drawbacks, and the huge risk costs it may lead to make some international commercial parties no longer use arbitration as their first choice for dispute resolution. However, the appellate mechanism for arbitration is not yet well developed, and the legal consequences of revocation of the appellate award need to be further clarified. In this article, I will analyse the academic opinions in China and abroad, and discuss the validity of the appellate award and the original award, the validity of these two kinds of awards after the appellate award is set aside, and the understanding of the principle of “non bis in idem” after being revoked, so as to draw conclusions on how to determine the validity of the arbitration award after the appellate award is set aside under different circumstances. Based on analysis above, my suggestion is that the same dispute after the revocation of the appellate award should be arbitrated by entering into a new arbitration agreement or by bringing a lawsuit.","PeriodicalId":377631,"journal":{"name":"Studies in Law and Justice","volume":"49 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-12-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"133173707","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}
{"title":"An Examination of the Rights of Visual Impaired Persons Under Cameroonian Law","authors":"Enow Godwill Baiye","doi":"10.56397/slj.2022.12.01","DOIUrl":"https://doi.org/10.56397/slj.2022.12.01","url":null,"abstract":"This paper sets out to examine the right of visual impaired persons under Cameroonian law. Visual impaired persons have fundamental human rights like any citizen without disabilities. Considering their physical impairment, they equally enjoyed special rights. These rights have been embedded in different pieces of legal instruments. However, they are marginalised and discriminated in our society today. As a result of this, there is need to protect these rights which have been guaranteed under the different pieces of international, regional, and national legal instruments. The findings of this paper revealed that the appropriation of these rights have been ineffective because of the weaknesses of the laws, infrastructural challenges, and the attitude of the community towards them. It is therefore recommended that the various stakeholders and the community at large takes conscious actions in promoting their rights.","PeriodicalId":377631,"journal":{"name":"Studies in Law and Justice","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-12-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"115942694","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}
{"title":"Suggestions on the Development of China’s Overseas Investment Insurance Legal System Under the Belt and Road Initiative","authors":"P. Peng","doi":"10.56397/slj.2022.12.04","DOIUrl":"https://doi.org/10.56397/slj.2022.12.04","url":null,"abstract":"The proposal of the Belt and Road Initiative is influential on China’s economic development and industrial transformation. It is not only clear evidence of China’s comprehensively deepening reforms and all-round opening-up in the new era, but also a reform drive to build a community of human destiny and strengthen international cooperation and global governance. However, in the implementation of the Belt and Road Initiative, China’s overseas investment insurance is facing a new situation, and the inadequacy of the legal system, leading to serious problems in terms of the insurance business model, the insurance capital model, the insurance coverage and the recovery mechanism of overseas investment insurance. Therefore, we should review and adjust China’s overseas investment insurance legal system, strengthen the internal and external cooperation to address new risks, reconstruct the overseas investment insurance legal system and business model, introduce diversified capital, expand the definition of investment and investor, improve the subrogation clause in bilateral agreements, and make new suggestions on the development of China’s overseas investment insurance.","PeriodicalId":377631,"journal":{"name":"Studies in Law and Justice","volume":"21 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-12-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"128222065","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}
{"title":"Whether China Should Implement International Tax Arbitration: A Study","authors":"Yudong Deng","doi":"10.56397/slj.2022.11.05","DOIUrl":"https://doi.org/10.56397/slj.2022.11.05","url":null,"abstract":"In economic globalization, China plays an increasingly important role, and Chinese enterprises are speeding up the pace of going global. In this process, “going out” enterprises face prominent tax risks. Some countries adopt arbitration to settle international tax disputes, but China does not. However, the widely used MAP has many disadvantages, and tax disputes cannot be solved efficiently. To deal with this, the Pillar 1 Blueprint calls for mandatory binding arbitration of disputes over Amount A, which can be seen as a future trend. This paper suggests that China should adopt temporary means of tax arbitration and enhance taxpayers’ participation in the arbitration procedure. In addition, setting up tax dispute prevention measures to protect the interests of multinational enterprises to a greater extent.","PeriodicalId":377631,"journal":{"name":"Studies in Law and Justice","volume":"122 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-11-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"131471227","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}