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2024

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Full-Text Articles in Law

Unlocking The West: A Critique Of Previous Statutory Attempts And A Proposed Statutory Solution To Allow Access To Corner-Locked Public Land, Sawyer J. Connelly Jan 2024

Unlocking The West: A Critique Of Previous Statutory Attempts And A Proposed Statutory Solution To Allow Access To Corner-Locked Public Land, Sawyer J. Connelly

Graduate Student Theses, Dissertations, & Professional Papers

Across the American West, 9.52 million acres of federal and state public lands are inaccessible to the public. The legality of accessing much of those public lands through corner-crossing is unclear in the law because, in the infinitesimal space where four corners of land meet in a checkerboard pattern, there is ambiguity; neither private landowners nor the public can assert an exclusive right or absolute control without infringing upon the rights of the other. This paper discusses the origins of landlocked public land, common law doctrines that inform legal actors in this space, and analyzes federal statute and state legislative …


Local Visions For Patagonia: Drivers And Dynamics Of Collaborative Environmental Governance In Aysén, Chile, Zachary J. Hummel Jan 2024

Local Visions For Patagonia: Drivers And Dynamics Of Collaborative Environmental Governance In Aysén, Chile, Zachary J. Hummel

Graduate Student Theses, Dissertations, & Professional Papers

Collaborative governance (CG) has emerged as a tool for addressing increasingly complex societal problems by engaging a diverse of set of cross-sector actors in a deliberative process with the aim of realizing consensus-driven outcomes. Emerson et al.’s (2011) Integrated Framework for Collaborative Governance (IFCG) attempts to improve understanding of these arrangements by articulating causal connections between collaborative drivers and dynamics across different contexts. Answering researchers’ call for more empirical support for the IFCG in non-US/European contexts, I used the framework to guide 10 interviews with collaborative governance practitioners in the comanaged marine protected area, AMCP-MU Pitipalena Añihue, located in Aysén, …


Public Services In Railway Freight Transport, Stefan A. Jarecki Jan 2024

Public Services In Railway Freight Transport, Stefan A. Jarecki

internetowy Kwartalnik Antymonopolowy i Regulacyjny (internet Quarterly on Antitrust and Regulation)

So far, practitioners and academics generally believed that in land transport, the concept of public services could only refer to passenger traffic. Recently, this approach has changed. The European Commission has stated that public services can also be provided in railway freight transport. Railway freight transport services can only be qualified as public services when the given Member State establishes that there is a genuine need for such services, a need that is not, or is not sufficiently met by the market. Currently, to provide financing of some railway freight services, Member States have to fulfil the Altmark conditions, or …


International Conference Charting Tomorrow: Bridging Knowledge And Action In Sustainable Finance, Warsaw, September 30th 2023, Helena Kordasiewicz Jan 2024

International Conference Charting Tomorrow: Bridging Knowledge And Action In Sustainable Finance, Warsaw, September 30th 2023, Helena Kordasiewicz

internetowy Kwartalnik Antymonopolowy i Regulacyjny (internet Quarterly on Antitrust and Regulation)

Report from the Charting Tomorrow: Bridging Knowledge and Action in Sustainable Finance International Conference


Entire Issue Vol. 13 No. 1 (2024) Jan 2024

Entire Issue Vol. 13 No. 1 (2024)

internetowy Kwartalnik Antymonopolowy i Regulacyjny (internet Quarterly on Antitrust and Regulation)

Vol. 13(1) 2024


The Subsistence And Enforcement Of Copyright And Trademark Rights In The Metaverse, Cheng Lim Saw, Zheng Wen Samuel Chan Jan 2024

The Subsistence And Enforcement Of Copyright And Trademark Rights In The Metaverse, Cheng Lim Saw, Zheng Wen Samuel Chan

Research Collection Yong Pung How School Of Law

The metaverse has been widely hailed as a symbol of technological progress, presenting an immersive virtual realm that has the potential to transform how individuals engage in social and commercial activities. However, this conception of a borderless virtual world - which purportedly transcends the capabilities and reach of Web 2.0 - sits uncomfortably with the territorial nature of intellectual property rights. This chapter examines the complexities surrounding the subsistence and enforcement of intellectual property rights within the metaverse, with a specific focus on copyright and trademarks. Especial attention is paid to issues concerning choice of law and jurisdiction. Finally, the …


Corporate Purpose Beyond Borders: A Key To Saving Our Planet Or Colonialism Repackaged?, Roza Nurgozhayeva, Dan W. Puchniak Jan 2024

Corporate Purpose Beyond Borders: A Key To Saving Our Planet Or Colonialism Repackaged?, Roza Nurgozhayeva, Dan W. Puchniak

Research Collection Yong Pung How School Of Law

The “corporate purpose” debate, while extremely important, has largely been built on an understanding of corporate law and governance that is local – jurisdiction bound – while the issue of climate change is global; pollution does not respect jurisdictional borders. Despite this, in practice, states, multinational corporations, and transnational organizations are increasingly using formal and informal mechanisms to shape sustainable corporate governance beyond jurisdictional borders – a colossal development that has been hiding in plain sight.This article develops a taxonomy for identifying and analyzing the forces driving corporate purpose beyond borders: state-based, firm-based, and organization-based “global corporate law and governance”. …


Similar Fact Evidence In Contractual Interpretation: Bhoomatidevi D/O Kishinchand Chugani Mrs Kavita Gope Mirwani V Nantakumar S/O V Ramachandra And Another [2023] Sghc 37, Calvin John Kaiwen Chirnside Jan 2024

Similar Fact Evidence In Contractual Interpretation: Bhoomatidevi D/O Kishinchand Chugani Mrs Kavita Gope Mirwani V Nantakumar S/O V Ramachandra And Another [2023] Sghc 37, Calvin John Kaiwen Chirnside

Research Collection Yong Pung How School Of Law

In the recent Singapore High Court case of Bhoomatidevi d/o Kishinchand Chugani Mrs Kavita Gope Mirwani v Nantakumar s/o v Ramachandra and another [2023] SGHC 37, the claimant argued, inter alia, that evidence of a prior contract between the first defendant and a third party should be admitted to prove that the defendant had entered into a loan agreement with her in his personal capacity. Justice Lee Seiu Kin dismissed her claim, applying s. 14 of the Evidence Act.


Emojis And Contract Formation: South West Terminal Ltd V Achter Land & Cattle Ltd [2023] Skkb 116, Kian Peng Soh Jan 2024

Emojis And Contract Formation: South West Terminal Ltd V Achter Land & Cattle Ltd [2023] Skkb 116, Kian Peng Soh

Research Collection Yong Pung How School Of Law

This case note analyses the decision in the Canadian case of South West Terminal Ltd v Achter Land & Cattle Ltd [2023] SKKB 116 and considers how Singapore law would be applied to a situation where emojis are used in the course of negotiations leading up to the formation of a contract.


Expropriation Of Shares Via The Corporate Constitution, Stephen Bull Jan 2024

Expropriation Of Shares Via The Corporate Constitution, Stephen Bull

Research Collection Yong Pung How School Of Law

Company constitutions sometimes include powers to effect compulsory share acquisitions from members. Where these are introduced into the constitution after incorporation, the amendment, like all constitutional alterations, must be able to satisfy the common law “bona fide test” in order to be valid. The content of this test has been much debated since the first cases a century ago, and differences in view have emerged from the English and Australian courts. While there is no local case law on such expropriations per se, the High Court recently confirmed for the first time the applicability in Singapore of the common law …


Singapore’S Emerging Regulatory Approach To Stablecoins, Rachel Phang Jan 2024

Singapore’S Emerging Regulatory Approach To Stablecoins, Rachel Phang

Research Collection Yong Pung How School Of Law

The Monetary Authority of Singapore's vision to develop "an innovative and responsible digital asset ecosystem" has placed stablecoins firmly on the regulatory agenda. Stablecoins, as cryptoassets designed to maintain a stable value, are regarded as having the potential to serve as a tenable medium of exchange for the digital asset ecosystem - so long as they are well-regulated and securely backed. Both this vision of a flourishing digital asset ecosystem, as well as the specter of the instability wrought by the recent algorithmic stablecoin collapse, speak to the need for sound regulation of stablecoins. This article therefore seeks to critically …


Special Issues In Support Of Evidence-Based Policy Making In Sustainable Banking And Finance, Lucia Alessi, Theodor Florian Cojoianu, Declan French, Andreas G. F. Hoepner Jan 2024

Special Issues In Support Of Evidence-Based Policy Making In Sustainable Banking And Finance, Lucia Alessi, Theodor Florian Cojoianu, Declan French, Andreas G. F. Hoepner

Research Collection College of Integrative Studies

BackgroundIn December 2015, 195 countries around the world signed the Paris Agreement and pledged to work towards limiting global greenhouse gas emissions in order to limit the average global temperature increase to 1.5 °C above preindustrial levels. From a scientific perspective, the stabilisation of global warming under any target requires the achievement of a net-zero emissions economy (Matthews & Caldeira, 2008). In support of global investors looking to provide capital towards green solutions andSustainability disclosures – a means to what end?A significant body of literature has suggested that many of the voluntary sustainability disclosures of companies come from the need …