LSE Law Review最新文献

Couzens and Carrick – Whole Life Orders for Police Officers after R v Couzens [2022] EWCA Crim 1063 Couzens 和 Carrick - R 诉 Couzens [2022] EWCA Crim 1063 案之后的警官终身监禁令

LSE Law Review Pub Date : 2024-03-15 DOI: 10.61315/lselr.706

Fee Robinson

引用次数: 0

The Licensee Called - He Wants His Peace Back! 被许可人来电--他希望恢复平静！

LSE Law Review Pub Date : 2024-03-15 DOI: 10.61315/lselr.656

Nabil Rashad Winarso

引用次数: 0

Complicating the Comparative Taxonomy: the Impact on Corporate Governance of the Dynamic Interaction of Creditors and Shareholders 比较分类法的复杂化：债权人和股东的动态互动对公司治理的影响

LSE Law Review Pub Date : 2024-03-15 DOI: 10.61315/lselr.614

Louis Noirault

引用次数: 0

Fighting for IP Equity: A Zoom on the Forthcoming Who Pandemic Agreement 为知识产权公平而战：即将签署的《谁是大流行病协议》放大图

LSE Law Review Pub Date : 2024-03-15 DOI: 10.61315/lselr.666

Marie-Denise Vane

{"title":"Fighting for IP Equity: A Zoom on the Forthcoming Who Pandemic Agreement","authors":"Marie-Denise Vane","doi":"10.61315/lselr.666","DOIUrl":"https://doi.org/10.61315/lselr.666","url":null,"abstract":"Faced with the impact of COVID-19, WHO Member States agreed to draft and negotiate an agreement on pandemic prevention, preparedness and response. A proposal for negotiating text of this WHO Pandemic Agreement was prepared by the Intergovernmental Negotiating Body’s Bureau and shared with its Drafting Group in October 2023 for its consideration. This process should lead to the adoption of a legally binding accord. This article considers the usefulness of this international instrument for pandemic prevention, preparedness and response in relation to intellectual property (IP) to ultimately recognise such usefulness but to argue that the negotiating text could be more ambitious. It focuses on the Agreement potential to mitigate the impact of IP regulations that favour developed countries and their pharmaceutical industries. The article first highlights how the international IP system, through the Agreement on Trade-Related Aspects of Intellectual Property Rights, disempowered developing countries in their battle against COVID-19. It then focuses on provisions relating to IP law found in the negotiating text to explore and question its potential to contribute to IP equity for developing countries for future pandemics. Finally, the article proposes recommendations to strengthen the impact of a WHO Pandemic Agreement in the fight for IP equity.","PeriodicalId":514338,"journal":{"name":"LSE Law Review","volume":"13 2","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-03-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140237486","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}

引用次数: 0

Does Pillar One Amount A Effectively Tax the Digital Economy? 第一支柱 A 是否对数字经济有效征税？

LSE Law Review Pub Date : 2024-03-08 DOI: 10.61315/lselr.649

Ilsu Erdem Ari

{"title":"Does Pillar One Amount A Effectively Tax the Digital Economy?","authors":"Ilsu Erdem Ari","doi":"10.61315/lselr.649","DOIUrl":"https://doi.org/10.61315/lselr.649","url":null,"abstract":"This article examines to what extent Pillar One Amount A of the OECD's new ‘Two-Pillar’ solution effectively taxes the largest digital multinational enterprises (MNEs). The original purpose behind the OECD’s proposal was to tax the digital economy by defining a sales-based allocation key. However, the metrics behind Amount A – a global turnover of €20bn, a profitability margin of 10% and a limited list of excluded industries – diverge from that policy. This article first examines the policy objective of ‘taxing the digital economy’, and how Amount A is understood to work by exploring how the ‘residual profits’ criterion and the allocation key apply. By comparing the UNCTAD’s list of the top 100 digital MNEs to those meeting the Amount A metrics using the Orbis database, it is concluded that the majority of digital MNEs would not be subject to Amount A. This article then analyses the economic incidence of Amount A and concludes that, if ‘residual profits’ is a proxy for economic rent and the allocation key remains sales-based, Amount A could successfully target digital MNEs, as they are prone to producing such economic rent and cannot reduce their tax burden by shifting it onto other economic players.","PeriodicalId":514338,"journal":{"name":"LSE Law Review","volume":"15 3","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-03-08","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140257870","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}

引用次数: 0

How Can the Law Address the Effects of Algorithmic Bias in the Healthcare Context? 法律如何解决算法偏见在医疗保健领域的影响？

LSE Law Review Pub Date : 2024-03-08 DOI: 10.61315/lselr.651

Zoya

引用次数: 0

The Digital Markets Act’s Innovation Paradox: Towards a Digital Magna Carta and Leviathan? 数字市场法》的创新悖论：走向数字大宪章和利维坦？

LSE Law Review Pub Date : 2024-03-08 DOI: 10.61315/lselr.652

Ishmael Liwanda

{"title":"The Digital Markets Act’s Innovation Paradox: Towards a Digital Magna Carta and Leviathan?","authors":"Ishmael Liwanda","doi":"10.61315/lselr.652","DOIUrl":"https://doi.org/10.61315/lselr.652","url":null,"abstract":"The Digital Markets Act (DMA) represents the culmination of over a decade of debate and litigation on how to deal with the impact of the largest technology companies on the European economy. The DMA explicitly seeks to promote fairness and contestability. But it is also undeniable a key motivation behind the regulation was to promote competition and innovation in digital markets. This article aspired to partially address a simple, but complex question: Will the DMA promote innovation? It is argued that the DMA is concerned with the promotion of specific forms of competition innovation, with an emphasis on the structural redistribution of economic rents to achieve its aims. The article posits that the predominant forms of innovation competition promoted in the regulation both exemplify the DMA’s genius as well as its principal failing. By prioritising its pursuit of structural rent distribution, the DMA fails to acknowledge the idiosyncrasies of individual digital markets, instead favouring particular forms of innovation competition. As a result, the regulation is at risk of becoming a regulatory Leviathan: an overbearing set of rules whose objective is to impose or foster particular forms of competitive pressure in the digital sector, regardless of whether such competition is effective.","PeriodicalId":514338,"journal":{"name":"LSE Law Review","volume":"29 21","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-03-08","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140257674","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}

引用次数: 0

An Examination of the Practicability of Antony Duff and John Gardner’s Legal Moralism as a Basis of Criminalisation in Contemporary English Criminal Law 安东尼-达夫和约翰-加德纳的法律道德主义作为当代英国刑法中定罪依据的实用性研究

LSE Law Review Pub Date : 2020-03-18 DOI: 10.61315/lselr.82

Thomas Yeon

引用次数: 0

Regulating the Scope of Employment in the Gig Economy: Towards Enhanced Rights at Work in the Age of Uber 规范 "临时工经济 "的就业范围：在优步时代加强工作权利

LSE Law Review Pub Date : 2020-03-18 DOI: 10.61315/lselr.83

Luca Deon

{"title":"Regulating the Scope of Employment in the Gig Economy: Towards Enhanced Rights at Work in the Age of Uber","authors":"Luca Deon","doi":"10.61315/lselr.83","DOIUrl":"https://doi.org/10.61315/lselr.83","url":null,"abstract":"The growth of the gig economy sector presents challenges for employment lawyers. Firms such as Uber label their workforce as ‘independent contractors’, meaning many in the gig economy often lie outside the parameters of employment protection laws. Fortunately, recent cases show that courts are not prevented by the mere label of ‘independent contractor’ from holding those working in the gig economy as workers. However, as this paper argues, it is not satisfactory to rely solely on litigation to enhance rights at work in the gig economy. The Taylor Review 2017 suggests that updatingstatutory definitions of personal scope is needed to address the issue. Many commentators and think tanks have labelled this proposal as too pragmatic and argue that a uniform testof employment is preferable. The main thesis of this paper is that pragmatic change, building on the progress made in case law, would be more effective. This is because the retention of an intermediary category of worker, or ‘dependent contractor’, allowsfor both flexibility and enhanced rights. Nonetheless, the government has not implemented any form of legislative change, meaning that over one million people in the gig economy remain without the rights they should be entitled to. This paper concludes that legislative change is therefore greatly needed to protect gig economy workers.","PeriodicalId":514338,"journal":{"name":"LSE Law Review","volume":" 35","pages":""},"PeriodicalIF":0.0,"publicationDate":"2020-03-18","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"141221997","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}

引用次数: 0

One Belt One Road Disputes: Does China Have Dispute Resolution Methods Fit for Purpose? 一带一路 "争端：中国是否有合适的争端解决方式？

LSE Law Review Pub Date : 2020-03-18 DOI: 10.61315/lselr.81

J. Zuo

{"title":"One Belt One Road Disputes: Does China Have Dispute Resolution Methods Fit for Purpose?","authors":"J. Zuo","doi":"10.61315/lselr.81","DOIUrl":"https://doi.org/10.61315/lselr.81","url":null,"abstract":"The One Belt One Road Initiative (‘OBORI’ or ‘OBOR’) is a top-level project primarily aimed at increasing infrastructure output and investment. It has been implemented in more than 60 countries across the world and has had a far-reaching impact on transnational trade. In order to respond to the increasing need for legal services to assist in the implementation process, China endeavours to provide a fair and trustworthy legal environment by establishing innovative international commercial courts in certain cities and by reforming existing international arbitration rules. Meanwhile, there remain many challenges to construct a collaborative legal system which covers a large range of jurisdictions, legal customs, and business approaches. This essay contends that the Chinese approach to arbitration and adjudication, since the launch of the OBORI, has undergone a paradigm shift from a domestic approach towards a dynamic and internationalised one. This is a result of the enhancement of the recognition and enforcement of foreign arbitral awards, the introduction of ad hoc arbitration, and the establishment of the China International Commercial Court (‘CICC’). However, to achieve China’s ambitious plan of promoting its dispute resolution mechanism to an international level, it could further enhance the independence and efficiency of its dispute settlement institutions.","PeriodicalId":514338,"journal":{"name":"LSE Law Review","volume":" 40","pages":""},"PeriodicalIF":0.0,"publicationDate":"2020-03-18","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"141222168","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}

引用次数: 2