Abstract
As more and more human activities can be undertaken on the internet, such as entertainment and commerce, the challenge is set now for governments and international institutions to ensure high levels of security for electronic communications, both private and commercial. Through the analysis of the technological background, the international legislative framework and sociological issues, the paper evaluates and highlights the main drawbacks and problems related with electronic communication. It identifies the structural, legislative and sociological reasons which prevent a generalized adoption of means of authentication and secure communication on-line, such as electronic signatures. The paper indicates solutions and guidelines to conduct electronic commerce and electronic communications to a broader diffusion and to build the average man's confidence in trading and interacting online.

Table of Contents:

Executive Summary
Overview
Findings
Electronic Signature - Technology, System and Law
From Hand-Written to Electronic Signature
Technology
Electronic Signatures
Key Based Systems
Digital Signature
System
Public Key Infrastructure
PKI in Practice
The Different Approaches
Law
UNCITRAL Model Laws
European Union
North America - USA and Canada
Australia, Japan and Singapore
Cross-Border Recognition
Confidence and Development
Structural Electronic Signature's Drawbacks in Comparison with the Hand-Written Signature
Legal Framework's Limits
Security Weaknesses and Risks with the Internet
Development
Conclusions

From the Paper
"Apart from these evaluations, both signatures are mechanisms for secure information management and "symbols that signifies intent" , specifically the intention to authenticate a documents. Intent means that a security system must guarantee the non-repudiation of a message containing a declaration by assuring that the sender cannot later deny having sent that message. The application of this function in the electronic context presents the most problematic issues because of the unclear definition of the non-repudiation technical meaning . The uncertainty of this definition and the doubts about the limits of the binding capacity of a declaration electronically signed are probably one of the main reasons of the scarce confidence in using e-signatures to conclude on-line transaction."

Tags:digital, infrastructure, Certification, Authorities, Rivest

Abstract
This paper examines how the s214 Insolvency Act of 1986 enables the court to declare a director liable to contribute to the company?s assets if it is satisfied that the director could have avoided insolvency. It looks at how the introduction of the wrongful trading provisions was primarily a means of protecting creditors against the abuse of the limited liability privilege by directors. It attempts to show how despite providing the utility of penalising the activities of reckless directors without having to prove dishonesty, the surprisingly few s214 actions that have been brought have indicated the provision?s inadequacy. It also discusses how there is clearly an urgent need to reform the method by which s214 proceedings are financed.

From the Paper
"In the light of the Cork Report, the "wrongful trading" provision was incorporated into s214 Insolvency Act 1986. This applies to any director or "shadow director" of a company which has entered insolvent liquidation and, at some time prior to the commencement of its winding-up, such a person knew or ought to have known that there was no reasonable prospect that the company would avoid going into insolvency . The standard of skill and care by which a director will be judged is outlined in s214(4). This provides that the court should take into account the knowledge, skill and experience of the particular director and whether his actions are those that would be taken by "a reasonably diligent person", possessing the knowledge, skill and experience that could be reasonably expected of a person in that position."

Tags:business, company, director, financial, fraud, fraudulent, liquidation

Abstract
This paper examines how during the nineteenth and early twentieth centuries, Britain experienced what came to be known as the "second industrial revolution" ? a period of major industrialization with changes to British industry as a whole and further to this, a change in the idea of the "company" or firm. It looks at how hand in hand with this were technological advances, which it has been said spurred on this major change to life in Britain. It explores the technological advance in this period, how much of an effect it had on company law as such and to looks further at other features of this age which could have affected the rise of company law.

From the Paper
"By 1914, company law had overtaken the Joint Stock Company and the law of partnership as the most dominant form of industrial organization in Britain. As mentioned previously, this is often attributed to the increase in technological advances and the changes this made to industrial Britain. There was "a relative decline of agriculture compared with other sectors such as industry" , and new industries were growing steadily throughout the nineteenth century, for example metals, mining and chemical trades. This was largely due to advances made in these fields, and with increased output came a rise in employment, most notably in the new industries of electrical engineering, and the motor trade. "Mechanized mass production was spreading throughout the manufacturing industry" , and "big business" was dominating Britain in one way or another, be it the larger scale production, or the large scale business organization. However, technological advance was not necessarily the main reason for this increase."

Tags:depression, liability, limited, merges, partnership, railways, salomon, stock

Abstract
This paper examines how the idea of copyrighting television formats has become a prevalent area of debate in recent years, partly due to the increased global marketing/trade in television today and partly due to the changing nature of our television viewing habits and the types of programs on offer to the public at large. It looks at how the ingress of "Reality Television" onto our screens has sparked widespread comment on whether format rights should be available to broadcasting companies and program creators alike, in order firstly to protect them from infringement and secondly to "protect" the public from an influx of similar programs. It puts forward the author's belief that by allowing format rights in television programs, one is not only radically extending what is considered to be a dramatic work for the purposes of copyright law, but by giving this type of control to production companies one is narrowing the public's right to choose and only taking from an ever diminishing public domain.

Outline
Abstract
Introduction
Trash Television, "Tabloid Culture" and the Emergence of the "Real".
The Dramatic Work " A Reality
Opportunity Knocks"
The Consultative Document and the Possible End of Format Rights
The Format Trade
The New Breed of "Real" Format Rights
A Step Too Far
End of a Genre"
Conclusion

From the Paper
"The Format Recognition and Protection Association believes that there is no protection of formats at present which is good enough to meet the need, and their aim is "to promote to producers, broadcasters and the law, the concept of formats as unique, intellectual properties". There are however other, and possibly better ways to protect these types of programmes. Trademarks, although not able to protect the format of a show per se, will protect the titles, and it is becoming increasingly more common to do this , with shows like "Who Wants to be a Millionaire" and "The Weakest Link" which are almost internationally known brands of television. This may well have helped Hughie Green in the Opportunity Knocks Case, whose title was also used by the New Zealand Broadcasting Corp."

Tags:intellectual, law, patents, property, reality, trademarks

Abstract
This paper examines how the use of money laundering to protect and fund terrorist activities is well known and how measures to effectively combat money laundering must be focused and proportionate. It deals with the main provisions of the Money Laundering Regulations 2003 and discusses the extent to which the regulations have been successful in combating money laundering.

Outline
Introduction
Previous Law and Effectiveness
Reporting Obligations
Legal Professional Privilege
Definition of Regulated Sector
Conclusion

From the Paper
"The Regulations apply to "relevant businesses", a term synonymous with being in the "regulated sector" for the purpose of the Act. The Regulations require firms to maintain internal reporting procedures that require persons doing regulated work to disclose money-laundering suspicions, failing which the firm and in some cases partners, would be guilty of a criminal offense. However, the obligation to report suspicion is not qualified by any objective requirement that the suspicion be reasonable. It would therefore appear that genuine but unreasonable suspicion would also suffice. It is not necessary to establish that the person was actually aware or suspected money laundering, simply that he should have known or suspected the activity. "

Tags:crime, terrorismf, inance, banks

Abstract
This paper provides a comparative analysis of the human resource management systems used in Japan and Germany predominantly making use of the Harvard model which is included as a diagram. Areas used for comparison are extensive and include culture, laws, management philosophy, decision making and trade unions to mention but a few. A diagram of the Japanese style of HRM is also included.

From the Paper:

"Increased interest in international human resource management has led to the classification of its processes and influences. One particular classification or framework is that of the Map of Human Resource Territory, later adopting the name of the Harvard Model, which was designed by Beer, Spector, Lawrence, Mills and Walton in 1984. This model is useful as it accepts that there are differing approaches to the employment relationship. Indeed Porter argues that the model has potential for comparative analysis. The Harvard model illustrates that there are a variety of stakeholders in an organization including shareholders, various groups of employees, the government and the community. It recognizes the legitimate interests of these various groups and that the creation of HRM strategies should recognize these interests and combine them as much possible into the strategy of the business. Indeed the Harvard model is fundamentally both prescriptive and analytical. It is important to bear in mind however that the ideas put forward by the model are arguably based on the American culture. This is important to remember when using the model as an analytical framework to compare other countries."

Tags:al, beer, culture, decision, et, harvard, hofstede, human, making, management, resource, trade, unions

Abstract
This paper discuss the problem of cyber squatting along with specific legislation and organizations' rights over their business identity. The issue of trademark is examined and the current domain name registration process is analyzed. Examples are stated involving recent legal cases of domain name abuse.

Tags:arbitration, business, copyright, court, internet, law, legal, name, organization, provider, service, trademark, web

Abstract
This paper examines the intellectual property law of 'passing off'. The paper explains that the law of 'passing off' is a common law right of action in the law of tort and is based on the premise that 'nobody has any right to represent his goods as the goods of somebody else'. The paper looks at how the action is effectively one of unfair competition, and applies generally to situations where there is no registered trademark or any other intellectual property right. The paper then points out that a typical scenario would be when a defendant uses an unregistered trademark normally used by a claimant, and in so doing, represents the goods or services in such a way that the public is deceived into thinking that they are being offered by the claimant. The paper also explores how protection under the law of passing off is very much dependent on how much importance consumers place on the part when purchasing the product in question. In conclusion, the paper shows that the courts generally adopt a restrictive approach towards protecting the descriptive and the functional because granting such protection will have a negative effect on the market, and ultimately this is a question of fact, and the courts will look at all the circumstances of each case before making a decision.

From the Paper
"So long as these criteria are fulfilled, the claimant would have successfully established 'goodwill' for his goods or services, but a descriptive mark runs the greatest risk of becoming too distinctive over time that it is deemed generic. By losing its ability to indicate source, the claimant can no longer rely on the law of passing off to protect the mark. This danger has been highlighted by the case of Linoleum Manufacturing v Nairn [1878], where the public began using the term 'Linoleum' to refer to the product generally, without connoting the source of manufacture. As such, the courts will be reluctant to allow monopoly over such terms so as to promote healthy competition in the marketplace."

Tags:intellectual, property, copyright, patent, trade, mark

Abstract
This paper examines the legal issues that small to medium-sized electronic commerce enterprises face from the 1998 Data Protection Act (within the European Union).

From the Paper
"The 1998 Data Protection Act puts legal constraints upon Small to Medium sized Enterprises. The new Act does not venture far from the rules set down by its predecessor, but principle seven and eight now assert that an individuals personal data should be held securely, and should not be transferred to a country outside the European Union with inadequate Data Protection laws. Trade between Small to Medium sized Enterprises inside the European Union with organisations outside have now become difficult, even illegal in certain circumstances. Organisations across the World are now defining ground breaking legal models for World Wide Data Protection. It is seen as only a matter of time before its implementation."

Tags:kingdom, united

Abstract
This essay discusses the ways in which a stakeholder approach to corporate governance would differ from the existing system of a stockholder approach in the UK. A definition of corporate governance is provided along with the differences between stakeholder and stockholder approaches to this particular issue. The extent to which a stakeholder approach would change the existing system is also investigated. References and evidence to support these arguments are provided throughout the essay.

From the Paper
"The new proposal of corporate governance is that of a stakeholder approach. The fundamental principle behind this concept is that shareholders are no longer the only members of an organization who have an interest in the conduct and performance of the company. This is supported by Demb & Neubauer (1992) who state "corporate governance is the process by which corporations are made responsive to the rights and wishes of stakeholders". J. Kay (1995) also states "it is the purpose of companies to maximize its profits or to develop its business in the interests of customers, employees, suppliers and other stakeholders in the wider community." "

Tags:corporate, freeman, friedman, goodpaster, governance, stakeholder, stockholder