This book introduces law in the context of international business. The basics of law are explored using a clear comparative methodology. International and regional economic institutions are discussed, next to the fundaments of private law. These include contract law, liability law, labour law, company law, privacy law, intellectual property law and international private law. The book goes beyond the usual focus on Western legal systems and uses examples from all over the world to provide students with comprehensive knowledge of business law. It is set up rather broadly, so that it can be used by teachers throughout their entire curriculum. Each chapter ends with a clearsummary. With its colourful cases, this book is accessible and fun to read.
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The main hypothesis underlying this article is that although arbitrators are not formally part of national justice systems, they have dealt with questions of EU fundamental rights and the European rule of law standards for quite some time, at least formally since the landmark CJEU judgment in Eco Swiss in 1999. In fact, in all forms of arbitration, be it national or international, taking place in or across (Member) States daily and not necessarily concerning the application by arbitrators of EU law stricto sensu, arbitrators can be seen as guardians of many crucial procedural guarantees that increase parties’ access to justice and advance the European rule of law, or so we wish to argue. This article is an exploratory piece. That is, it combines the format of the state-of-the-art review with the format of conference proceedings through which we present the main activities of the DG Justice TRIIAL project concerning arbitration. Our main goal is three-fold: (1) to advance the discussion on the relationship between the European rule of law and arbitration, (2) to present the main findings stemming from research and training activities within the TRIIAL training workshops on arbitration, and (3) to formulate future research and practical questions on the topic at hand.
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The American company Amazon has made headlines several times for monitoring its workers in warehouses across Europe and beyond.1 What is new is that a national data protection authority has recently issued a substantial fine of €32 million to the e-commerce giant for breaching several provisions of the General Data Protection Regulation (gdpr) with its surveillance practices. On 27 December 2023, the Commission nationale de l’informatique et des libertés (cnil)—the French Data Protection Authority—determined that Amazon France Logistique infringed on, among others, Articles 6(1)(f) (principle of lawfulness) and 5(1)(c) (data minimization) gdpr by processing some of workers’ data collected by handheld scanner in the distribution centers of Lauwin-Planque and Montélimar.2 Scanners enable employees to perform direct tasks such as picking and scanning items while continuously collecting data on quality of work, productivity, and periods of inactivity.3 According to the company, this data processing is necessary for various purposes, including quality and safety in warehouse management, employee coaching and performance evaluation, and work planning.4 The cnil’s decision centers on data protection law, but its implications reach far beyond into workers’ fundamental right to health and safety at work. As noted in legal literature and policy documents, digital surveillance practices can have a significant impact on workers’ mental health and overall well-being.5 This commentary examines the cnil’s decision through the lens of European occupational health and safety (EU ohs). Its scope is limited to how the French authority has interpreted the data protection principle of lawfulness taking into account the impact of some of Amazon’s monitoring practices on workers’ fundamental right to health and safety.
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Copyright enforcement by private third parties – does it work uniformly across the EU? Since the inception of Napster, home copying of digital files has taken a flight. The first providers of software or infrastructure for the illegal exchange of files were held contributory or vicariously liable for copyright infringement. In response, they quickly diluted the chain of liability to such an extent that neither the software producers, nor the service providers could be held liable. Moving further down the communication chain, the rights holders are now requiring Internet Service Providers (ISPs) that provide access to end customers to help them with the enforcement of their rights. This article discusses case-law regarding the enforcement of copyright by Internet Access Providers throughout Europe. At first glance, copyright enforcement has been harmonised by means of a number of directives, and article 8(3) of the Copyright Directive (2001/29/EC) regulates that EU Member States must ensure the position of rights holders with regard to injunctions against ISPs. Problem solved? Case law from Denmark, Ireland, Belgium, Norway, England, The Netherlands, Austria and the Court of Justice of the EU was studied. In addition, the legal practice in Germany was examined. The period of time covered by case law is from 2003 to 2013, the case law gives insight into the differences that still exist after the implementation of the directive.
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This exploration with ChatGPT underscores two vital lessons for human rights law education. First, the importance of reflective and critical prompting techniques that challenge it to critique its responses. Second, the potential of customizing AI tools like ChatGPT, incorporating diverse scholarly perspectives to foster a more inclusive and comprehensive understanding of human rights. It also shows the promise of using collaborative approaches to build tools that help create pluriversal approaches to the study of human rights law.
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Friday 23rd March 2018 the first HiPerGreen semi-annual symposium took place at the newly opened World Horti Center in Naaldwijk. Participants in the form of students, professors and company representatives came together to share progress and ideas. Cock Heemskerk, lector Robotica, opened the event with a welcoming speech. Lucien Fesselet, assistant project manager, followed with general updates on the project. Then the floor was given to the students to present their results and progress. Pieter van der Hoeven, associate lector, presented on behalf of four graduating students from the Business, Finance and Law department the assignment on market research. The findings show great potential in business opportunity with the Orchid market. Amora Amir, a potential PhD researcher on big data, gave a speech on the usefulness and the need to understand big amounts of data. Lucien Fesselet performed a live flight demonstration to give an idea of the capabilities and the behaviour of the drone. After the risk analasys the sympoium was concluded with a drink.
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It is important for the current small and medium sized companies to innovate and thereby still to be able to compete with the cheaper companies from the east. Within Fontys University a project has been started to develop an innovative education for its future curricula. More attention is paid to competence learning and 'learn to learn'-principles instead of cognitive learning. This has resulted in a so-called 'major-minor' system. In the Netherlands this system of education is commonly used at the Universities. The major, at Fontys, is a three-year primary education, which aims to develop the student's discipline. The minor are two education entities restricted, for the size of 30 ECTS, which students can choose. Within the Fontys University a study has started to develop a minor education on the topic "strategically decision-making on innovations in a SME". Fontys wants to train its students for this task in the SME, because it is assumed that many higher educated personnel will find work in the SME. Furthermore it is assumed that there is a growing need for higher educated personnel in possession of competences about strategic decision-making and implementing an innovative organisation. In the autumn of 2006, as a result of the present developments, a minor will be started on the topic 'strategically decision-making on innovations'. This paper describes the progress of the developments of the minor.
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Deze film geeft een impressie van het werk in de minor bedrijfsjurist voor Bouwend Nederland Noord en haar leden in de aardbevingsbestendige bouw in de regio Groningen. De film is vertoond bij de keynote presentatie op het slotcongres van het RAAK MKB programma Bedrijfskundige Innovatie in de Aardbevingsbestendige Bouw
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This paper addresses the extraterritorial dimension of transnational corporations, focusing on the corporate accountability-deficit that characterizes the current International legal framework. The analysis looks at parent companies’ civil liability for environmental harm caused abroad. By introducing a selected number of foreign direct liability cases brought before European national courts, the paper investigates whether the binding environmental and human rights reporting obligations contained in Directive 2014/95/EU contribute to the determination of a parent company’s duty of care towards its overseas subsidiaries, and consequently establish their potential liability.
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Multinational enterprises (MNEs) have become global players in the current globalized labour market and their economic activities are no longer territorially limited, but they extend in different countries, thereby leading to the development of global supply chains. Against this background, companies’ operations are increasingly conducted by foreign subsidiaries and they are being outsourced to business partners worldwide. In both cases, lower working conditions and production costs in foreign countries are one of the driving factors leading to this business choice.
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