| The Information Security Law of China by Jinjin Chen and MA Minhu, Xi'an Jiaotong University. | |
| Jinjin Chen (LLB , Xi'an Jiaotong University) is a researcher and postgraduate student in Economic Law. Her main area of research is information security law. |
|
![]() |
MA Minhu is professor at the law department of Xi'an Jiaotong University, Chairman of Information Security Law Research Branch of Shaanxi Legal Society. He is also the director of Chinese information law seminar, the academician of the World Jurist Association, the adviser of information & network security experts group of Shaanxi Province, the consulter of Xi'an intermediate people's court of the People's Republic of China and the arbiter of Xi'an Arbitration Commission. His research includes civil & commercial law, intellectual property law and information security law. |
| Abstract Information security law aims to lower and even eliminate the negative impact of informatization on social interests. Although the law puts greater emphasis on social interests, legitimate individual interests should also be regarded in order to meet the contemporary concept of justice. In reality, social interests and individual interests are not always in conflict. Although market entities are in pursuit of high profits regardless of social interests, information security law should safeguard social public interests by conventional intervention. Furthermore, we need to define the concept of scientific development and coordinate the relationship between development and security in order to construct a better legal system in terms of information security. |
|
| Concept of Private Property in Space- An Analysis by Jijo George Cherian and Job Abraham, National University of Advanced Legal Studies. | |
![]() |
Jijo George Cherian, Final Year Student of law, B.A.LLB (Hons) degree program, at the National University of Advanced Legal Studies in Kochi, India. Has been actively participating in various Moot Court competitions and has written articles on Media law and Constitution. Main interests includes International trade Law, commercial law and intellectual property rights.
|
![]() |
Job Abraham, Final Year Student of law, B.A.LLB (Hons) degree program, at the National University of Advanced Legal Studies in Kochi, India. Has been actively participating in various Moot Court competitions. Main interests are corporate governance, commercial arbitration and finance law. |
| Abstract The Outer Space Treaty, 1967 specifically states that appropriation of property is not permitted by sovereign nations and the Moon Treaty declares moon and celestial bodies to be the common heritage of all mankind. It is a common notion that the concept of private property is non-existent in view of the existing treaties currently holding the fort. There is a growing opinion that recognition of property rights is essential in space activities. It is advocated that for the maximum utilization of the resources in space, which may include both commercial and non-commercial activities, private participation is essential. The paper examines the current position, the need, feasibility, and also recommends possible mechanisms for the incorporation of property rights in Corpus Juris Spatialis. |
|
| A Securities Intermediaries in the Internet Age and the Traditional Principal-Agent Model of Regulation: Some Observations from the EU's Markets in Financial Instruments Directive by Iris H-Y Chiu, Faculty of Law, University of Leicester | |
![]() |
Iris H-Y Chiu joined the Faculty of Law of the University of Leicester in September 2003 after the completion of her Master of Laws program at the University of Cambridge. Iris graduated as a Dean's List student from the National University of Singapore in 1997 and served as State Counsel for the Attorney-General of Singapore from 1997 to 2002. Iris then pursued further studies at the University of Cambridge in 2002 and was awarded a First class honours in the LLM degree in 2003. Iris is currently researching in corporate finance law, securities regulation and commercial arbitration. Iris teaches Company law, Contract law and the Regulation of Financial Markets. She is also the Assistant Editor of the European Business Law Review. |
| Abstract The regulation of securities intermediaries such as brokers and broker-dealers has hitherto been based on agency issues arising out of the client-intermediary relationship. This paper argues that, even in the Internet age where the interaction between clients and intermediaries take place over the Internet, the agency rationale for regulation remains. However, the modalities of client-intermediary interaction take on certain characteristics that may affect the substantive regulation. As such, this paper examines the EU's recently enacted Markets in Financial Instruments Directive to discern to what extent the Directive addresses new modalities in client-intermediary interactions over the Internet. |
|
| Implementing the legal criteria of meaningful consent in the concept of mobile advertising by Evelyne Beatrix Cleff, Department of Law, Aarhus School of Business | |
![]() |
Evelyne Beatrix Cleff joined the Department of Law of the Aarhus School of Business (ASB) in November 2005. After the bachelor study at the Ruhr-Universität-Bochum (Germany) in Economic Science she attended the Master Program in EU Business and Law at the Aarhus School of Business. Since August 2006 Evelyne doing her PhD studies with the working title "Advertising Law in mobile Commerce: An Evaluation framework for a Mobile Advertising application in EU and U.S. Law" . Currently, she is also working on a project which analyses the data protection regime in the Faeroe Islands. In the autumn semester Evelyne is a lecturer in E-Commerce Law at the ASB. Her research field covers legal aspects of m-commerce and e-commerce particularly with regard to mobile advertising and data protection |
| Abstract Advancements of the wired Internet and mobile telecommunication networks offer companies new advertising opportunities but also create a need to consider acceptance and usability issues in order to ensure permission-based advertising. According to the law of the European Union (EU), only permission-based mobile advertising is allowed. In order to obtain consent from the mobile user, the advertiser is obliged to make an effective disclosure. However, these rules are not specific to this new context. It will be a great challenge for advertisers to translate the requirements into actual business practices in order to obtain meaningful consent from the mobile user. This article focuses on the evaluation of legal problems related to these issues in order to find adequate technical solutions concerning m-advertising. It is assumed that a technological design, which is in line with the legal framework, will ensure that the benefits of mobile advertising and the consumer willingness to accept mobile advertising will increase. |
|
| Drops of Jupiter: Joyriding in Space by Hina Doon, NALSAR University of Law |
|
![]() |
Hina Doon is currently pursuing her B.A.B.L. (Hons) degree at NALSAR University of Law, Hyderabad, India. Her research interests include International Space Law, International Humanitarian Law and the WTO. She is also keenly interested in the Civil Rights Movement of Trans-sexuals and Trans-Genders in India. |
| Abstract Space Tourism presents itself as a point of stress for the existing International Space law deliberations. The following paper examines the failings of the present legal structure in adequately dealing with rapidly changing technological aspirations. Through this submission, the author has attempted to highlight the various defects in the existing space law regime and has presented a case for re-thinking the fundamental concepts of the space law, such that the revised articulation will effectively encompass concerns of private individuals, enterprises and governments. |
|
| Reflections on Bills of Lading and Silo Receipts used in the South African Futures Market by Sarel F. du Toit, |
|
![]() |
Dr Sarel F. du Toit is Associate Professor in the Department of Mercantile Law, Faculty of Law of the |
| Abstract South African law, as a mixed jurisdiction, is based on both common-law and civil-law principles. The legal rules pertaining to the bill of lading illustrate how divergent legal systems are harmonised in South African law. Although neither the bill of lading nor the Safex silo receipt can be regarded as negotiable instruments, both exhibit the characteristics of a document of title. Bulk cargo and grain stored in a silo, however, provide particular difficulties with regard to effecting symbolical delivery of the goods and thus transferring ownership. It is submitted that, despite reservations about construing an attornment in the case of bills of lading in English law, attornment could be employed as a form of delivery, both in the case of grain in mass storage, and where bills of lading and silo receipts are dematerialised |
|
| Is Corporate Fundamental Analysis Transparent to Shareholders in Transitional Market? Perspectives from Egypt by Tarek Eldomiaty. UAE University. | |
![]() |
Tarek Eldomiaty is an associate professor of finance at the UAE University. He received his Ph.D. from the City University Business School (Cass), London - UK. His area of research is comparative corporate governance and corporate finance with a special focus on transitional markets. He published many papers in corporate governance, corporate capital structure and fundamental analysis in international refereed journals. |
| Abstract This study examines the extent to which the disclosed fundamental financial information is transparent to the shareholders in Egypt stock market. The methodology employs the partial adjustment model to compare between three cases: disclosed, undisclosed and integrated (both the disclosed and the undisclosed) fundamental financial information. The results show that the items that are transparent to the shareholders are total shareholder equity, the market value of the firm, other revenues, net income, closing price, dividends, inventory turnover on sales, quick ratio, long term debt / total assets, long term debt / net worth. The characteristics of the partial adjustment model show that the speed of adjusting Market-to-Book ratio can fairly be used to examine the issue of transparency. Overall, the results show that the disclosed financial information is relatively more transparent to the shareholders than the other two cases (undisclosed and integrated). Therefore, the disclosed financial information can fairly be used in the course of fundamental analysis in the Egyptian stock market being considered a transitional |
|
| Busting Blocks: Legal remedies for wrongful inclusion in spam filters under U.S. Law by Prof. Jonathan Ezor (USA) Director of the Institute for Business, Law and Technology (IBLT) Touro Law Center | |
![]() |
Jonathan I. Ezor is the Director of the Touro Law Center Institute for Business, Law and Technology, and an Assistant Professor of Law and Technology. He also serves as special counsel to The Lustigman Firm, a marketing and advertising law firm based in Manhattan. He is also currently acting as the Reporter for the New York State Bar Association E-Filing Task Force. A technology attorney for more than a decade, Professor Ezor has represented advertising agencies, software developers, banks, retailers and Internet service providers as well as traditional firms, and has been in-house counsel to an online retailer, an Internet-based document printing firm and a multinational Web and software development company. He was also named one of Long Island Business News’ “Top 40 Under 40” for 2005. Author of Clicking Through: A Survival Guide for Bringing Your Company Online (Bloomberg Press, 2000) and coauthor of Producing Web Hits (IDG Books, 1997), Professor Ezor was a columnist on legal issues for BusinessWeek Online and the @NY electronic newsletter. He has also written for Business 2.0, Advertising Age (which named him a "Web Warrior" in 1995), Law Technology News, the New York Law Journal, and Infoworld. Professor Ezor is a graduate of Brandeis University and Yale Law School. |
| Abstract This paper discusses the growth and increasing significance of e-mail in the business and personal environment, and how unsolicited bulk commercial e-mail, also known as spam, has become a significant drain on technical and economic resources. It analyzes the statutory and self-help efforts to combat spam, with a specific focus on block lists and automated spam filters, and describes how alleged spammers have brought lawsuits in U.S. courts claiming they had been wrongfully included within block lists and filters. Finally, it describes some possible claims under U.S. law, then argues for a higher standard of care among block list vendors and the need for recourse to courts when self-help remedies for mistaken block listing fail. |
|
| The Copyright Liability Concerns for The China Mainland Search Engine: A Study On The Case Of Baidu by Prof.Dr.iur. Jianhong Fan, Faculty of Law University of Macau and Jialei Zhou, attorney-at-law, Beijing | |
![]() |
Jianhong Fan. Professor of Faculty of law at University of Macau, Senior Research Fellow in Institute of Economic Law at Zhejiang University and guest professor in related universities in PR China, Board member of Directors of the Association of Private International Law in China, Honorary member of the Association of Justice and Public Procurator of Macau, Deputy member of council of lawyers in Macau, Member of Edition Board of Macau Law Journal. |
![]() |
Zhou Jialei, Attorney of Law in China and teacher in China University of Politic Science and Law (Beijing). She received her Bachelors of Law in China University of Politics, Science and Law, and Master of Law in English Language (European Union Law) in Macau University. She had worked as a practicing lawyer in Land&Sun Law office, Guangdong. |
| Abstract The Internet moves at an accelerating pace. However, the law cannot cope with the rapid changes in technology . Many existing laws, in particular, the intellectual property rights law, face mounting challenges caused by the booming network technological development. In the aspect of copyright law, the emerging Internet service provider and technology pattern may encroach upon the traditional copyright law. This poses a dilemna for China and the world. What should the governments do to cope with this technical development, and how should the conflict between the protection of emerging technology and the spirit of traditional copyright law be resolved? And what should the Internet service provider do with its possible infringement to the copyright law before the changes appear in the law,? The paper discusses the Baidu case and the Chinese copyright law concerning the Internet service provider's liability. The author proposes possible solutions to the Internet service providers’ dilemma with the aim of providing a legal balance between the emerging technology and the traditional law. |
|
| Transparency in Global Merger Review: A Limited Role for the WTO? by Keith Fisher, Michigan State University College of Law in East Lansing, Michigan. | |
![]() |
Keith Fisher is acting Director of the Institute for Trade in the Americas at the Michigan State University College of Law in East Lansing, Michigan. He is an honors graduate of Princeton University and Georgetown University Law Center. After clerking for a federal judge, Professor Fisher practiced law in Washington, D.C. Throughout his nearly 20 years of law practice, he specialized in domestic and international bank regulatory, securities, transactional, and legislative matters, and related litigation, mergers and acquisitions, commercial lending, lender liability, D&O liability, and counseling diverse clients. Professor Fisher has a degree in music, having previously studied at the Juilliard School of Music in New York. |
| Abstract This article addresses certain competition-related issues that parties to a transnational merger and acquisition (M&A) transaction must face, preferably during the strategic planning phase. The ultimate focus will be on the suitability vel non of the World Trade Organization (WTO) serving, as has been proposed by some scholars and political bodies, as a form of supranational competition law authority with respect to merger clearance. The conclusion reached is that the WTO is institutionally ill-suited for such a role but can, nonetheless, perform a useful albeit considerably more modest function as an enforcer of several purely procedural reforms suggested herein. |
|
| MCA 21: A Progressive Step Towards E-Governance by Pathik Gandhi and Vidya Narayanswamy, NALSAR, University of Law, Hyderabad, India. | |
![]() |
Pathik Gandhi is currently pursuing a five year, B.A.,B.L.(Hons.), at the NALSAR, University of Law, Hyderabad, India. NALSAR is one of the leading schools of legal excellence in the Country. He has recently interned with DSK Legal, Mumbai, one of the leading Corporate Law Firms in India. He has also represented the University at presitgious Moot Court Competitions, including the one conducted by the BAR Council of India Trust. He has also presented a paper on the Aviation Laws in India at the International Air and Space Law Conference, held at the NALSAR University of Law in 2005. He is also a member of the International Trade Group and the Corporate Legal Group of the University. He intends to pursue a career in Corporate Laws and International Trade Law. |
![]() |
Vidya Narayanswamy is a student, currently pursuing a five year BA, BL (Honors) course at the Nalsar University of Law, Hyderabad, India. She is currently working on topics ranging from Corporate Criminal Liability to the viability of Limited Liability Partnerships in India. In her First year, she had the opportunity of interning with AZB and Partners, a reputed law firm in India. She has also participated in Moot Court Activities conducted in her college and will be representing the University in at an inter-collegiate level in the near future. She intends to major in Taxation and Consumer Protection after the completion of her course. |
| Abstract With a view to usher in a new regime of e-Governance in |
|
| Social Disclosure: up to where should the regulation go? by Rodrigo Gonçalves; Elionor Jreige Weffort; Andrea Gonçalves and vam Ricardo Peleias. | |
![]() |
Rodrigo Gonçalves got his Master in Accounting at the Business School Álvares Penteado (FECAP), São Paulo/Brazil. He is a professor at the University of Brasilia (UnB), in Brazil, where he teaches courses on accounting and accountability. He has over 10 years of experience as an accountant adviser for companies and governmental agencies including the United Nations Development Programme (UNDP). He is currently working on a book about Management and Accountability for Non-Profit Organizations. His research interests include corporate governance, social responsibility and social disclosure. |
![]() |
Elionor Jreige Weffort graduated in Law and holds a PhD in Accounting from the USP - University of São Paulo/Brazil. She has worked as a lawyer and business consultant for the last fifteen years, teaches and develops research in forensic accounting, financial and international accounting at FECAP - Business School Alvares Penteado and International Accounting Research Group - USP/FIPECAFI. Elionor is the author of the book Brazil and accounting harmonization: influences of legal and educational systems, culture and market forces (PriceWaterhouse Coopers Academic Series) and is currently working on a book about Management and Accountability for Non-Profit Organizations. Her research has also been published in several journals. She also serves on the editorial board of various academic journals. |
![]() |
Andrea Gonçalves is a consultant for the United Nations Development Programme/UNDP and also ad hoc consultant for the Brazilian Ministry of Education. She has taught various courses at Public and Private Administration Colleges, and has advised companies and government in the areas of Human Resource Management and Ethics. She is currently working on a book to be published soon entitled Guide to Implementation and Management of Public Health Care Systems: A Participatory Approach. She got her PhD. in Latin America Integration at the University of Sao Paulo (USP/Brazil) in 2005, and her Masters in Public Administration at the University of Rio Grande do Sul in 1999. Her research interests are public administration, participative management and strategies of local development. |
![]() |
Ivam Ricardo Peleias, PhD and M.Sc. in Accountancy - University of São Paulo School of Economics, Business Administration and Accountancy (FEA-USP) - São Paulo - Brazil Accounting Professor and Researcher in the Master Program in Accountancy of FECAP - Centro Universitário Álvares Penteado - São Paulo - Brazil Accounting Professor in the Undergraduate Course in Accountancy of PUC-SP - Pontifícia Universidade Católica de São Paulo - São Paulo - Brazil |
Abstract This study analyzed if the corporate governance requirements established by stock exchanges contribute to voluntarily evidence the resources allocated in social projects to investors. For this goal, an index of social disclosure was initially developed, which made it possible to assess the quality of the information on external social projects voluntarily published by the listed companies. Next, sample information of the sixty listed Brazilian companies was collected in BOVESPA and/or in NYSE, which, using the index of social disclosure, allowed for the classification of the companies and the search for relations with their governance practices. This study is expected to be useful for future research, replicating the social index for other countries and stock exchanges, and for capital market regulating organs, to support decisions on the convenience of the regulation (obligatoriness) on social disclosure. |
| Potential Insolvency, Prudential Regulation and Supervision in Emerging Market Banking Systems: The Case of Turkey. Bogazici University by Emine Gunay and Gokhan Gunhay, Boğaziçi University. | |
![]() |
E. Nur Ozkan-Gunay ( Ph.D. and M.A. |
| Abstract As the financial markets has integrated as a result of financial liberalization and deregulation policies, the need for a global effective regulatory governance has become a more important issue in financial sector policy making and crisis prevention. The crises in the last two decades underlined the importance of prudential and independent supervision, especially in emerging markets with inadequate legal, judicial and financial infrastructure. Along with the developments in the global banking environment, |
|
| A Six-Dimensional Approach to Online Privacy by Nicholas Harkiolakis, Hellenic American University. | |
![]() |
Dr. Nicholas Harkiolakis has a PhD in Bioinformatics from Athens University. He has been involved in software development for the last 25 years focusing on their applications in business and academic settings. Currently he is Professor of Information Technology at the Hellenic American University in Athens Greece and in charge of the IT components of both the MBA and undergraduate business programs. His current research interests are in the areas of management of information systems (including legal and privacy issues in the IT area), agent based simulations, and disaster recovery policies in the IT area. He is also actively involved in case study writing for MBA level courses. |
| Abstract Privacy concerns have been increased with the advent of the Internet. The shear magnitude and power that the Internet provides as a medium makes the distribution and aggregation of vast quantities of data feasible and accessible to many. The purpose of this paper is to provide a common framework for communicating and discussing privacy issues. It is supposed to help businesses and law practitioners better communicate privacy related matters. To achieve that objective the concept of an information privacy unit (IPU) was introduced where all the possible ways of addressing privacy concerns were incorporated. This led to viewing privacy instances as a point in a six-dimensional space composed of the six interrogatives of the English language (What, When, Who, Where, Why and How. The presented approach provides a common communication framework for analyzing violations or consensus of privacy exchanges. The results of this research can also be used to define guidelines for implementing privacy policies in software that acts as mediators (browsers) or as representatives (clients, servers) of interacting entities. |
|