Legal aspects of linked data – the European framework

This paper portrays a general overview of the existing European legal framework that applies to the publication and consumption of linked data resources in typical settings. The point of view of both data publishers and data consumers is considered, identifying their rights and obligations, with special attention to those derived from the copyright and data protection laws. The goal of this analysis is to identify the practices that help to make the publication and consumption of linked data resources legally compliant processes. An insight on broader regulations, best practices and common situations is given.

Legal regulation and corporate governance in China`s top 100 listed companies

This article reports findings from an empirical study of corporate governance in China's top 100 listed companies. It examines the effectiveness of legal regulation, enforcement and remedies, finding that China's company and securities laws have not provided as string a legal framework for the protection of stakeholders im China's stock exchange listed companies as might be expected by investors.

The applicability of Western socio-legal frameworks to the study of negotiation in Chinese society

Theoretical frameworks for the examination of negotiation generated by Western academics do not easily translate to Chinese society because of fundamental differences between Western and Chinese society. Attempts to study negotiation in Chinese society and to improve negotiation between Chinese and Western business people are themselves constrained by cross-cultural differences. Extended immersion of Western academics in Chinese settings and the involvement of cross-cultural specialists is required to advance understanding of cross-cultural negotiation. There is enormous potential for improved understanding of cross-cultural dynamics and development of innovative teaching methodologies if institutional and personal cooperation can be secured. Cross-cultural negotiation as a useful tool in socio-legal framework and/or higher education administration is important especially in the current environment for the Australian education export market.

Disloyality and divorce: why (and when) the traitor should pay

Loyalty n3 is the catalyst for an enormous amount of admirable human conduct. It is also a desirable virtue: 'in loyalty . . . is the fulfilment of the whole of morality'. n4 It may be justly argued that loyalty grounds more of the principled, honourable and other kinds of non-selfish behaviour in which people engage than does any other moral principle. Curiously, loyalty is almost totally ignored by the law. The area of law in which the principle of loyalty most acutely applies (at least potentially) is family law -- in particular to the concept of marriage. n5 Loyalty is the brussel sprout of the law. Almost everyone recognises [*2] its inherent goodness but few are prepared to make a meal of it. Despite its moral desirability, there are virtually no legal principles that are expressly derived from, or give effect to, the virtue of loyalty. This paper examines the extent to which loyalty should be given legal recognition in matrimonial law. Although the main purpose of this paper is to raise awareness of the potential relevance of loyalty to the dissolution of marriage (and therefore to encourage further consideration and debate on this issue), for the sake of completeness we provide an example of a legal framework in which loyalty should be incorporated into matrimonial law. We argue that within the scope of the 'no-fault' based system of divorce in some circumstances betrayals should be penalised by means of a reduced property settlement.

Losing innocence : finding the line between emotional bonds and boundaries in protective service work

This paper builds on existing literature on the notion of emotional labour by investigating work in a child protective service environment. Notable characteristics of formal organisations, such as child protective services, are that they operate within a legal framework and that workers' professional duties have great influence on clients. This paper examines the intricacies of the worker-client relationship and the emotional dynamics of the service interactions by interviewing a group of workers in a public hospital in Victoria, Australia. This research extricates the complexities in the client-worker relationship by examining a range of work characteristics including their roles as professional caregivers, the emotional bonds and boundaries in the workers-client relationship, the intensity and magnitude of felt and displayed emotions, as well as the self-management of emotions and clients' emotions. This study adds to existing knowledge on the emotional expressions, experiences and regulation of emotions of the professional work lives in a child protective service work environment.
This paper is divided into the following sections. The first section details protective service work within the larger framework of human service work, and how the worker-client interface is different from other front-line service work. This is followed the need to examine the emotional dynamics of work in a child protective service organisation. Next, a study of these emotional dynamics in a child protective service organisation is reported. The paper concludes with a consideration of the wider implications for the sociology of protective service work, and how affective issues differ other service work roles.

Limited Liability Act of 1855

Examines the Limited Liability Act 1855 and highlights its significance in the formation of the modern company's legal framework. Looks at the background to the Act, which was repealed after a few months and incorporated in the Joint Stock Companies Act 1856 in an amended form. Considers the Act's legacy in extending the general principle of limited liability for corporate debts to shareholders of registered companies, including its implications in allowing a greater diversification of shareholders.

An online cross border contract for ecommerce transactions

The thesis identifies the deficiencies in the international legal framework that has been constructed in order to facilitate and provide certainty with online cross-border transactions. The thesis finds that it is possible to construct an anonymous online contract that permits certainty in enforcing online cross-border transactions, and provides such a contract.

Heritage and globalisation

This volume analyzes the politics, policy and practice of cultural heritage at the global level, identifying the major directions in which international heritage practice is moving, and exploring the key issues likely to shape the cultural heritage field well into the twenty-first century. It examines the tensions between the universal claims of much heritage practice, particularly that associated with the World Heritage system, and national and local perspectives. It explores the international legal framework developed since World War Two to protect heritage, particularly at times of war, and from theft, showing how contemporary global problems of conflict and illicit trade continue to challenge the international legal system.

Policy change to create supportive environments for physical activity and healthy eating : which options are the most realistic for local government?

The objective is to identify and test regulatory options for creating supportive environments for physical activity and healthy eating among local governments in Victoria, Australia. A literature review identified nine potential areas for policy intervention at local government level, including the walking environment and food policy. Discussion documents were drafted which summarized the public health evidence and legal framework for change in each area. Levels of support for particular interventions were identified through semi-structured interviews conducted with key informants from local government. We conducted 11 key informant interviews and found support for policy intervention to create environments supportive of physical activity but little support for policy changes to promote healthy eating. Participants reported lack of relevance and competing priorities as reasons for not supporting particular interventions. Promoting healthy eating environments was not considered a priority for local government above food safety. There is a real opportunity for action to prevent obesity at local government level (e.g. mandate the promotion of healthy eating environments). For local government to have a role in the promotion of healthy food environments, regulatory change and suitable funding are required.

An overview of liability and compensation for personal injury in China under the general principles of civil law

This article reviews the personal injury tort system in the People's Republic of China (PRC). The Chinese torts law has a number of unique features. To begin with, it is quite new — the legal framework of torts law was established only in 1986. The unique features of the Chinese torts law also stem from its long and difficult evolution over nearly 40 years. Equally important has been the remarkable blend of influences that have shaped its current law — a mixture of socialist objectives, capitalist pragmatism, and feudal doctrines combined with jurisprudential models taken from a range of western civil codes and, more recently, the common law.

Part one of the article briefly analyses the most important features of the existing Chinese legal system. Part two provides a background to the enactment of the General Principles of Civil Law (GPCL), which incorporates Chinese torts law. The review looks at the development and drafting of the GPCL legislation, and the influences that guided the formulation of legal principles. Part three of the article provides an overview of the torts law provisions in the GPCL. Part four examines the law of personal injury established by the GPCL. Part five uses some case studies to illustrate the principles highlighted in the previous two parts and part six contains a brief conclusion and some pointers to the directions that Chinese torts law may take in the future.

‘Till death do us part : judging the men who kill their intimate partners

This paper examines the construction of masculinity in judge’s sentencing remarks across seventeen cases of male perpetrated intimate femicide sentenced between March 2005 and May 2007 in the Victorian Supreme Court. Using a narrative analysis of sentencing transcripts it investigates how ideal understandings of hegemonic masculinity are used in judicial decision making to condemn or sympathise with male offenders of intimate femicide. The findings illustrate the profound influence that traditional understandings of masculinity and fatherhood still have on current sentencing practises despite the current climate of homicide law reform both within Australia and overseas. Whilst this paper did not directly assess the impact of recent homicide law reforms, specifically provocation, it is explicitly concerned with the continued influence of gender norms and bias at the sentencing stage of the legal process. As such, it provides a preliminary illustration of the key role that judges play in advocating or rejecting change within the criminal justice system, and more broadly legitimising attitudes about male violence against women throughout society. In condoning the use of extreme violence, in any context, judges send a message to society that such behaviour is either generally or specifically acceptable and accommodated within a legal framework.

Comparing the strength of auditing and reporting standards and investigating their predictors in Europe and Asia

The World Economic Forum conducted an opinion survey to determine the strength of auditing and reporting standards (SARS) in 133 countries. It then assigned a score for SARS to each country as one of its global competitive indices. This is a unique dataset on SARS at country level. Using this dataset, this paper compares SARS scores for 72 countries (41 European and 31 Asian). A multi-phase regression analysis is employed to empirically investigate the predictors of SARS using five sub-models. Findings from the study support existing theory and add new findings to the auditing and reporting literature at a regional level. It suggests that there are nine predictors of SARS which are similar for both Europe and Asia but with different magnitude. In Asia the efficiency of the legal framework and the size of the foreign export market are also significant predictors of SARS compared to Europe.

Conceptual framework of the precautionary principle approach in the decision-making process

This article reviews the precautionary principle as an approach in addressing decisions with far reaching environmental consequences under scientific uncertainty. The precautionary principle is intended to assist with structuring environmentally risky decisions toward sustainable development. It responds to the lack of scientific evidence of a potential environmental problem. There is currently no framework to assist with the process indicating the areas of importance and stages of decisionmaking. This paper suggests a framework to assist with the process of decision-making for complex environmental problems. The main areas of concern are the issues relating to the costs, risks, and benefits assessments. The main stages of the framework includes; definition of the problem, analysis of the potential environmental risks, assessments of specific anticipated legal, social, economic, political, and technological impacts, review of the key players (social, organisation and government) obligations, comparison of alternatives available, determination of accountability, implementation, decision making, monitoring and control processes.

Towards a conceptual framework for citizenship

This chapter aims to provide a conceptual framework for discussing citizenship. It
offers a brief account of various dimensions of citizenship that may be used as a
guide to understanding the evolution of Western ideas and forms of citizenship, as
well as contemporary problems with them. The chapter considers citizenship as a
legal status, as an administrative category, as a political practice and as an ideal to
be attained. 1 It also considers the sites or domains in which citizenship is or ought
to be practised. Each of these dimensions raises questions that citizens, non-citizens
and governments have asked over the centuries and that still provoke debate.2
Nonetheless, the chapter makes no claim to be comprehensive and, for the sake of
brevity, its generalizations may not be sufficiently sensitive to the many variations
and peculiarities of Western concepts and practices of citizenship.