Search results

This paper aims to examine the effects of domestic structure forces on “sub-national” foreign policy (SFP); an analytical concept provides a suitable operational framework for research on international activities of sub-national entities or regions.

The paper is carried out on the basis of a theoretical framework proposed by the author. First, the dependent variable is defined. Then, domestic structure is broken down into four variables, including legal grounds, the level of autonomy, the type of intergovernmental relations and institutionalization. A comparative method is used to examine the validity of the theoretical framework.

The paper finds out that domestic structural forces influence level and form of SFP with some regularity. The influence of these forces on SFP can be explained, as they recur and have such consistent effects that they create patterns and regularities in SFP. Such regularities can be detected through systematic analysis.

The topic of SFP is relatively controversial because of academic debate over international agency of substate actors. However, it is a worthwhile subject of research, as it has the potential to revolutionize research in foreign policy analysis. Moreover, the phenomenon of SFP is in need of theorizing and comparison as the literature on SFP is still in its infancy.

Rights and duties are involved in every area of business and markets, and society and governments. Most often, rights and duties involve serious ethical and moral issues of conflict. A good theory of the ethics of rights and duties, obligations, and responsibilities will empower us to understand the impact of our actions on various stakeholders. Additionally, a deep understanding of rights and duties could help us to analyze better the impact of our executive actions on various stakeholders and, in particular, to fathom the damaging effects of rights and duties violated by the man-made current financial crisis when seen from an ethical and moral point of view. Our coverage on the ethics of corporate rights and duties will comprise of two parts: Part 1: The Nature of Corporate Business Rights and Duties, and Part 2: Respecting Corporate Rights and Duties. The chapter will feature Newcomb Wellesley Hohfeld’s framework of legal interests such as claims, privileges, power, and immunity and its various applications to contemporary market and corporate executive situations. We illustrate the theory of rights and duties using several cases from the current turbulent markets.

In an effort to reduce ambiguity around customs clearance of items deemed pernicious to public morality and present lessons for customs administration, this research aims to explore ways to improve customs clearance for RealDolls. Furthermore, by suggesting specific ideas to improve the process, this research also aims to contribute to the future customs clearance of socially controversial and legally ambiguous items.

The authors have decided to review studies from ethical and legal perspectives to focus on the legislation and its enforcement issues. The literature review is designed to provide insights on how to incorporate legal and ethical reasoning in the customs clearance process for RealDolls. Supplementary interviews were also conducted with criminal lawyers and customs officials to obtain expert knowledge on domestic legislation and customs control against the sex toys industry.

As a result of the study, it is found that a complete ban on RealDoll infringes on individuals' right to pursue happiness guaranteed by the Constitution and in most cases, cannot be implemented without loopholes. Therefore, it is suggested that the import regulation on RealDolls should be changed to the negative list system, which selectively disapproves certain RealDolls based on a list of RealDolls previously denied clearance by either the Supreme Court or the Customs Clearance Screening Committee. In addition, to have sufficient ethical and legal grounds, it is necessary to expand research on RealDolls regulation and actively introduce the process of obtaining social consensus.

There has been little discussion on regulating RealDolls on the customs clearance level; no specific criterion exists except the public morality clause. This study is vital in that it reviews issues of RealDolls customs clearance from legal and ethical perspectives. Doing so also has a practical significance of providing implications for the customs policies regarding items deemed pernicious to public morality.

This study aims to examine the rationales for and obstacles to developing a national qualifications framework (NQF) in Japan. From a research perspective, it attempts to propose a model of a qualifications framework in the national context to provoke further political discussion in developing the Japanese Qualifications Framework (JQF).

To propose a possible model of a qualifications framework in the Japanese context, this study employs a qualitative document analysis approach to known NQFs. Next, based on documents and the literature, including government data and the United Nations Educational, Scientific and Cultural Organization’s Tokyo Convention (2011a, b), this study analyzes the motives and challenges in developing the JQF.

Japanese motives to develop the JQF can be summarized in four conditions: (a) International expectations along with the Tokyo Convention and establishment of the National Information Center, (b) avoiding qualification holders’ disadvantages in mobility, (c) quality assurance of qualifications with a competence-based approach and (d) lifelong learning by promoting recognition of diverse learning. The challenges in developing the JQF are (a) fitness with the traditional employment system and (b) multiple stakeholders’ involvement. The current priority in developing an NQF in Japan is to make educational qualification information “visible” based on legal grounds, particularly entrance requirements, to facilitate mobility.

This study explores the possibility of the JQF by summarizing the background and roles of NQFs worldwide and clarifying the motives and challenges for developing the JQF. This study provides suggestions for the possible qualifications framework model in the Japanese context from academic and practical perspectives in Japan, where official discussions on establishing an NQF have not progressed. Ensuring the international compatibility of qualifications so that qualification holders can smoothly take the next step in their studies and employment is important.

This paper aims to focus on the need for an enhanced anti-money laundering (AML) regulation for decentralised finance (DeFi) to protect the integrity of global financial systems against illicit activities. Research highlights the requirement for a robust regulatory strategy for the fast-paced DeFi evolvement.

This study used doctrinal legal research by analysing legislation, which involved creating use cases to illustrate different aspects of potential illicit activities via the DeFi ecosystem. Various DeFi applications were assessed for the potential regulatory responses and outcomes.

This paper offers valuable insight into the regulatory challenges presented by DeFi. This study addresses the blind spots leveraged by criminals afforded by the DeFi’s decentralised nature. This paper offers a comprehensive examination of DeFi regulatory challenges based on use-case scenarios and provides recommendations for regulators on how to address them effectively.

This paper proposes measures for regulatory authorities to minimise money laundering risks through new channels such as decentralised exchanges, non-custodial wallets and cross-chain bridges. This study concludes with the future directions for DeFi regulation and AML compliance.

The purpose of this paper is to develop a usable configuration management for Archistar, which utilizes secret sharing for redundantly storing data over multiple independent storage clouds in a secure and privacy-friendly manner. Selecting the optimal secret sharing parameters, cloud storage servers and other settings for securely storing the secret data shares, while meeting all of end user’s requirements and other restrictions, is a complex task. In particular, complex trade-offs between different protection goals and legal privacy requirements need to be made.

A human-centered design approach with structured interviews and cognitive walkthroughs of user interface mockups with system administrators and other technically skilled users was used.

Even technically skilled users have difficulties to adequately select secret sharing parameters and other configuration settings for adequately securing the data to be outsourced.

Through these automatic settings, not only system administrators but also non-technical users will be able to easily derive suitable configurations.

The authors present novel human computer interaction (HCI) guidelines for a usable configuration management, which propose to automatically set configuration parameters and to solve trade-offs based on the type of data to be stored in the cloud. Through these automatic settings, not only system administrators but also non-technical users will be able to easily derive suitable configurations.

This research is very important to conduct to review government policy on Indonesian contract law that still uses contract law inherited from Dutch product (BW) and review which regulations are to be adapted to current development of contract law. This research’s novelty is that new rules will be found in Indonesian contract law.

This research used normative and empirical methods. Normative research is dogmatic research or one that analyzes legislation using secondary data consisting of primary, secondary and tertiary legal materials. Besides the normative method, the research was also conducted using empirical method through direct interview and observation in some government agencies, such as the Directorate General of Legislation, Ministry of Law and Human Rights (HAM) and Chairman of Legal Product Formation Division, House of People’s Representatives of the Republic of Indonesia and the Civil Law Teaching Association (APHK).

This research found that new Indonesian contract law is very important to give legal certainty and justice to the people, and the contract law must regulate important matters related to the sources of contract besides agreement and law, related to termination, unjust enrichment, negotiation, good faith, public contract and private contract and related to legal act and validity of electronic contract.

The novelty of this research is that new rules will be found in Indonesian contract law. This research is different from previous researches conducted by Sigit Irianto (2013) and Deviana Yuanitasari (2020), that discuss only on contract law development related only to the good faith principle.

Drafting contract law is a relatively heavy duty due to the factor of law pluralism that contains contract aspect in Indonesia such as customary law aspect, Islamic law aspect, regional aspect, international aspect and other aspects. In fact, meanwhile, there is rapid development in the community with regard to business transactions that are also followed with contract law development. Therefore, amendment is needed for the Indonesian contract law to adapt to the people’s need for law, and this change agenda is also addressed to updating the contract law.

Civil law reform, especially contract law, is deemed very important for Indonesia, because based on field fact, people do their business contract by applying contract law that is not yet regulated in the contract law in KUHPerdata; thus, new contract law is needed that regulates important matters related to sources other than agreement and law.

It is very important to conduct this research to review government policy in Indonesian contract law that still uses the contract law inherited from Dutch product (BW) and review what regulations should have been adjusted to current development of contract law. The novelty of this research is that new rules will be found in Indonesian contract law. This research is different from previous researches conducted by Sigit Irianto (2013) and Deviana Yuanitasari (2020), that discuss only on contract law development related only to the good faith principle.

Technological entrepreneurship has been a very significant topic in recent decades. It has a crucial role in economic modernization and growth. The need for technological entrepreneurship is because technology-based industries are expanding rapidly and are replacing traditional industries. Therefore, this study aimed at identifying the factors affecting the success of technological entrepreneurship in Iranian nanotechnology businesses.

The research was conducted through mixed method. The participants in the qualitative section included 17 university experts and executive managers in the field of nanotechnology in Iran, and 75 nanotechnology business managers participated in the quantitative section. The interview and questionnaire were used to collect information. In order to measure and fit the models, the confirmatory factor analysis method and PLS3 software were used.

The results indicated that the key factors affecting the success of the technological entrepreneurship process in nanotechnology were classified into five general categories: organizational, environmental, institutional, individual and technology factors. Moreover, it was shown that all these dimensions had a positive and significant effect on technological entrepreneurship. In addition, the organizational dimension has an essential role.

Companies' ability to engage technological entrepreneurship is a vital factor in human resource management and strategic management. However, technological entrepreneurship in Iranian nanotechnology businesses has not been involved integrally in the context of companies.

The paper provides a detailed historical account of Douglass C. North's early intellectual contributions and analytical developments in pursuing a Grand Theory for why some countries are rich and others poor.

The author approaches the discussion using a theoretical and historical reconstruction based on published and unpublished materials.

The systematic, continuous and profound attempt to answer the Smithian social coordination problem shaped North's journey from being a young serious Marxist to becoming one of the founders of New Institutional Economics. In the process, he was converted in the early 1950s into a rigid neoclassical economist, being one of the leaders in promoting New Economic History. The success of the cliometric revolution exposed the frailties of the movement itself, namely, the limitations of neoclassical economic theory to explain economic growth and social change. Incorporating transaction costs, the institutional framework in which property rights and contracts are measured, defined and enforced assumes a prominent role in explaining economic performance.

In the early 1970s, North adopted a naive theory of institutions and property rights still grounded in neoclassical assumptions. Institutional and organizational analysis is modeled as a social maximizing efficient equilibrium outcome. However, the increasing tension between the neoclassical theoretical apparatus and its failure to account for contrasting political and institutional structures, diverging economic paths and social change propelled the modification of its assumptions and progressive conceptual innovation. In the later 1970s and early 1980s, North abandoned the efficiency view and gradually became more critical of the objective rationality postulate. In this intellectual movement, North's avant-garde research program contributed significantly to the creation of New Institutional Economics.

The Indian pharmaceutical industry has contributed significantly to global healthcare by securing superior-quality, inexpensive and reachable medicines worldwide. However, supply chain management (SCM) has been challenging due to constantly shifting requirements for short lifecycles of products, the convergence of industry and changeable realities on the ground. This study aims to identify, assess and prioritize the strengths, weaknesses and opportunities of the pharmaceutical SCM environment in India.

The paper employs a Strength, Weakness, Opportunity, Threat (SWOT) analysis and recognizes strategies to utilize the advantages of the strengths and opportunities, rectify weaknesses and resolve threats.

A variety of strategies that could have a positive effect on the Indian pharmaceutical business are presented. Findings and suggested strategies can significantly advance knowledge, enhance understanding and contribute to the growth of a successful SCM for the Indian pharmaceutical sector.

This paper would act as a roadmap to greater comprehension of the market leaders and market leaders' operating climate. The findings from this study will offer academic scholars and business practitioners deeper insights into the environment of SCM.