balance of interests
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The rapid rise of C2C e-commerce in China has brought serious difficulties to China's tax collection and management. Based on the principle of progressive taxation, the necessity of Taxation on C2C e-commerce is analyzed and discussed. It is shown that the absence of Taxation in C2C e-commerce is contrary to the principle of tax equity and tax neutrality, and the tax revenue is lost.It is demonstrated that it is imperative that China to implement C2C e-commerce taxation in a comprehensive and standardized way. By constructing a hybrid decision game model between C2C business operators and tax authorities, the static game analysis of incomplete information is conducted for the balance of interests between tax authorities and e-commerce operators.

The rapid rise of C2C e-commerce in China has brought serious difficulties to China's tax collection and management. Based on the principle of progressive taxation, the necessity of Taxation on C2C e-commerce is analyzed and discussed. It is shown that the absence of Taxation in C2C e-commerce is contrary to the principle of tax equity and tax neutrality, and the tax revenue is lost.It is demonstrated that it is imperative that China to implement C2C e-commerce taxation in a comprehensive and standardized way. By constructing a hybrid decision game model between C2C business operators and tax authorities, the static game analysis of incomplete information is conducted for the balance of interests between tax authorities and e-commerce operators.

This paper aims to show how and why the Economist constructs the post-Brexit European Union’s (EU) image in a string of commentaries published in the Charlemagne section in the 2017-2021 period. The theoretical concepts that provide the interdisciplinary methodological framework within which the research topic – the exposure of the discursive and cognitive mechanisms whereby the global media of British origin constructs the EU’s image and frames the debate about the EU – is explored encompass social semiotics and critical discourse analysis. The findings suggest that through its interplay of headline and subheading, together with the cartoon and textual body, the Economist holds the assumption that Brexit threatens the cohesion of the EU and prompts the drawing of a new balance of interests.

Abstract The process of multimodal freight transportation on a railway loop is investigated, for which a multicriteria optimization model with time indicators is created, which is a nonlinear integer programming problem. The developed approach is based on egalitarian and utilitarian principles in the welfare theory and allows (along with Pareto optimal transportation plans) to find other plans that can be considered rational from the point of view of maintaining the balance of interests of the transportation process participants. A mathematical experiment is an effective heuristic tool in research. The algorithm for solving the optimization problem is implemented in the environment of a computer algebra system and brought to numerical results.

Global control of business by a state causes a conflict of interests and additional barriers to the development of international trade, which necessitates the formation of an appropriate strategy for balanced relations between business and society in the digital economy. Taking into account the main provisions of the agency theory, the choice of an effective strategy for interaction between state institutions and FEA participants requires the adoption of an effective toolkit for estimating such interaction. Using the main provisions of game theory, the study developed a corresponding game model, which includes three participants: state, economic operators, society. Based on the modelling of relevant processes, it was concluded that a state has 80 pure strategies, economic operators have 20 pure strategies, and society has 5 pure strategies, while results of a current game make it possible to determine the most advantageous situation of interaction for a state and economic operators.Thus, from the standpoint of regulating international trade, the issues of forming a balance of interests of all participants in this process allow to obtain positive results not only for specific business entities, but also for society as a whole.

Trade secrets can encompass all forms of intellectual property subject matter, as well as other types of data, information, and knowledge that may not meet the threshold of eligibility for intellectual property rights. Trade secret protection may be used to prolong existing exclusivity or to hedge the balance of interests that the law aims to seek through restrictions to such exclusivity. Against this backdrop, this chapter asks whether, and to what extent, the law of trade secrets can be used privately to create a regime of property rules in an age of digitised trading, using the recently adopted EU Directive on trade secrets as an example. It asks whether the forms of protection and enforcement required under the EU Directive make it a de facto property right, hedging a liability regime into a proprietary regime, which is created unilaterally by ensuring secrecy and by imposing a duty of confidence.

The paper deals with the problems of entering the market of generic drugs in the light of protecting the interests of copyright holder-originators. It is emphasized that the main method of protection lies in the area of intellectual rights. The protection of patent rights by companies that are copyright holders of innovative medicines comes out on top. Attention is drawn to issues related to the data exclusivity regime that are especially important in the context of establishing a balance of interests not only between the copyright holders of original medicines and generic manufacturing companies, but also between representatives of the medical community. The paper considers individual rules of special normative legal acts regulating relations related to the circulation of medicines in Russia and abroad. The author draws attention to the fact that there is some terminological ambiguity, which creates difficulties in the implementation of legal regulation. Possible restrictions on the rights of companies that put into circulation generic medicines should act as a certain guarantor in the implementation of the proper legal mechanisms for the protection of the results of intellectual activity in the pharmaceutical sector and contribute to the stimulation of innovation.

This Chapter examines the permissible scope and extent of coastal State jurisdiction over unlicensed foreign fishing vessels in transit through the exclusive economic zone (EEZ) under the 1982 United Nations Convention on the Law of the Sea. While the primacy of the freedom of navigation has traditionally been the dominant narrative in the law of the sea, this Chapter argues that the coastal State’s sovereign rights over living resources are now accepted to provide a basis for regulations to be applied to all foreign fishing vessels navigating in the EEZ, even if they are only transiting through the zone without fishing. By examining the variety of regulations that are applied by States in practice, the Chapter establishes that, in relation to foreign fishing vessels and fishing support vessels, the contemporary freedom of navigation effectively equates to a right to undertake continuous and expeditious passage from one point beyond the EEZ to another point beyond the EEZ, except in circumstances involving force majeure or distress, or activities undertaken with the authorization of the coastal State. At the same time, the Chapter notes that the rights of coastal States involve correlative duties, and explores how the concepts of due regard, reasonableness, and the balance of interests apply to limit the extent of coastal State regulation in this area.

This Chapter outlines the context, objective, and scope of the book, and examines two foundational issues that anchor its law of the sea enquiry firmly within the doctrinal and methodological context of general international law. First, it considers the international law concept of ‘jurisdiction’ and examines its role and application under the 1982 United Nations Convention on the Law of the Sea in general, and in the exclusive economic zone (EEZ) in particular. It explores the idea of jurisdiction as a ‘continuum’ of prohibitions, rights, and obligations pursuant to which a State may be obliged, authorized but not required, or prohibited from exercising authority in relation to a person or activity, and considers the balance of interests in the sui generis regime that underpins the jurisdictional continuum of the EEZ. Second, it examines the potential legal effects of subsequent State practice in the law of the sea. It describes the conceptual framework that underlies the book’s widespread examination of State practice and explains how the relevant rules of international law apply to evaluate the legal effect of State practice under treaty law and customary international law in the unique context of the law of the sea. The Chapter outlines the parameters used to determine and analyse the State practice examined in the book, and concludes with an overview of the structure and chapter content.

This Chapter examines the coastal State’s enforcement jurisdiction over fishing activities in the exclusive economic zone (EEZ) under the 1982 United Nations Convention on the Law of the Sea (LOSC), including the boarding, inspection, arrest, and seizure of vessels, the prompt release procedure, and the imposition of penalties. The Chapter argues that this jurisdiction should be interpreted by reference to the overall scheme of the LOSC, taking into account not only the rights but also the responsibilities of the coastal State, as well as those of flag States, in order to meaningfully preserve the balance of interests that is at the heart of the sui generis regime for the EEZ. However, while the balance of interests is commonly invoked in the jurisprudence on enforcement, international courts and tribunals have generally taken a narrow approach to its application, seeking to balance specific, corresponding rights of flag and coastal States in a binary equation, rather than the broader set of rights and responsibilities that underpin the EEZ regime. Faced with these limitations, as well as the practical and financial challenges of carrying out the primarily physical enforcement measures envisaged in the LOSC, coastal States have developed a range of alternative approaches to achieve the same result. As this Chapter demonstrates, these include: the conduct of cooperative and collaborative enforcement activities; a variety of prescriptive techniques to prevent and deter illegal fishing activity; and the use of modern technology to deliver cost-effective and remote, ‘no-force’ enforcement jurisdiction.