Law and Sustainability

Preface
Contents
Chapter 1: The Insidious Dangers of Student Credit
	1.1 Some Figures on the Rise of Student Credit
	1.2 The Rise of Student Loans in Light of the Doctrine of Neoliberalism
	1.3 Education Funding Models in General
		1.3.1 Introduction
		1.3.2 Public Funding of Higher Education
		1.3.3 Private Funding of Higher Education
		1.3.4 Concluding Remarks
	1.4 The Rationale Behind the Neoliberal Preference for Private Education Funding Further Explained
	1.5 (Dis)Advantages of Private Education Funding
	1.6 Rationalising Poverty
	1.7 Neoliberal Remedies
		1.7.1 Charity (in Moderation)
		1.7.2 Student Credit (in Abundance)
		1.7.3 The Problematic Nature of Student Credit
			1.7.3.1 On the Problematic Nature of (Private) Credit in General
			1.7.3.2 On the Problematic Nature of Student Loans More Specifically
	1.8 Conclusion: Requiem for the Democratisation of Education in the West
	References
Chapter 2: Cryptocurrencies and Special Purpose Vehicles: The Role of International Law in Ensuring the Effectiveness of Econo...
	2.1 Introduction
	2.2 The Evolution of Sanctions: Theories, Practice and Concerns
		2.2.1 Smart vs. Comprehensive Sanctions
		2.2.2 Collective vs. Autonomous Sanctions
	2.3 Defining Economic and Financial Sanctions Boundaries at the WTO
	2.4 The Threat Effect of Enforcement, the Broad Interpretation of Jurisdiction and Their Impact on International Trade and Fin...
	2.5 Bypassing Sanctions
		2.5.1 Cryptocurrencies
		2.5.2 Special Purpose Vehicles
	2.6 Conclusions
	References
Chapter 3: Groups of Companies Under Belgian Company Law: An Analysis of Some Points of Attention and Evolutions
	3.1 Brief Introduction
	3.2 General Framework of a Group of Companies
	3.3 Aiming to Define a Group of Companies as an Undeniable Legal Concept in the Belgian Legal System
	3.4 The Typology, or Classification, of the Different Types of Company Groups
	3.5 The Legal Points of Reference to Determine the Rules with Regard to the Functioning of Company Groups
	3.6 An Attempt to Theorize the Rules with Regard to the Functioning of Company Groups
		3.6.1 Scope
		3.6.2 A Bottom-Up Approach: Restrictions on the Management Powers of the Subsidiary or a Company Managed on a Unified Basis
			3.6.2.1 Overview of the Relevant Criteria
			3.6.2.2 First Criterion: The Statutory Specialty
			3.6.2.3 Second Criterion: The Articles´ Specialty
			3.6.2.4 Third Criterion: The Company´s Interest
		3.6.3 A Top-Down Approach: Restrictions on the Instructions Given by a Parent Company or by the Persons Exercising the Unified...
			3.6.3.1 Introduction
			3.6.3.2 The Rozenblum Doctrine (Key Principles)
			3.6.3.3 A Proposal for a Differentiated Treatment of Small Subsidiaries with an Auxiliary Function
	3.7 Some Conclusions
	References
Chapter 4: The Dutch Act on Recovery and Resolution of Insurers in the Context of EU and International Developments
	4.1 Introduction
	4.2 International Context
	4.3 European Context
		4.3.1 Introduction
		4.3.2 EIOPA Activity on Recovery and Resolution of Insurers
		4.3.3 EIOPA Activity on Systemic Risk
		4.3.4 EIOPA Activity on Insurance Guarantee Schemes and Resolution Funding
		4.3.5 Solvency II 2020 Review
	4.4 The Dutch National Context
		4.4.1 Recovery and Resolution of Insurers
		4.4.2 Insurance Guarantee Schemes
		4.4.3 Scope
		4.4.4 Triggers
		4.4.5 Preparatory Measures
		4.4.6 Resolution Tools
		4.4.7 Bail in
	4.5 Interaction Between IGS and Recovery and Resolution Regimes
	4.6 Concluding Remarks
	References
Chapter 5: Revisiting Some Earlier Reflections on a New International Monetary System
	5.1 Introduction
	5.2 The Rationale for a New, International Monetary Order
		5.2.1 On the Invalidity of the Argument That There Is No Alternative for the Prevailing Monetary System(s) Perceivable
		5.2.2 Basic Outline for of an Alternative Monetary System
	5.3 International Character of the Here Proposed New Monetary Order
	5.4 The Underlying Values of the Here Proposed New, International Monetary Order
		5.4.1 General
		5.4.2 Possible Outline for Creating a More Just Socio-economic System
		5.4.3 Escaping the Dictates of the Doctrine of (Neo)liberalism
		5.4.4 Taking into Account the True Nature of Money
	5.5 Institutional Aspects of the New, International Monetary Order
		5.5.1 A Two-Tiered Institutional Framework
		5.5.2 Governance Aspects
	5.6 Towards a New Five Pillared System of Money Creation
		5.6.1 General Scope of Section 5.6: A ``Five Pillar´´-Approach
		5.6.2 The Five Pillars Explained in More Detail
			5.6.2.1 Pillar I. A Global Monetary System
			5.6.2.2 Pillar II. A Monetary System Based on ``Altruistic´´ Objectives
			5.6.2.3 Pillar III. Money as a ``Public Good´´: Towards a Monetary System Excluding Private Money Creation
				Why the Prevailing Private Money Creation System Can No Longer Be Maintained
				The Further Case for Making Money Creating of a Public Nature Again
			5.6.2.4 Pillar IV.: A Differentiated Price Setting for Newly Created Money
			5.6.2.5 Pillar V. Full Control of the Monetary Authority (ies)
				Introduction
				Money Creation on Behalf of Countries and Certain Other Public Entities
					A Model of Money Allocation
					Parameters
				Money Creation on Behalf of the Private Sector
					General
					Private Individuals and Households
					Equal Access to Professional Opportunities
					The Non-profit Sector
					The Business Sector
	5.7 Concluding Remarks Regarding the Proposed New Monetary System
	References
Chapter 6: Complexity and Regulatory Intelligence: Meta-Governance of Transformative Laws and Regulations
	6.1 Populism and the City
	6.2 Artificial Intelligence and Humanities in Education and in Work
	6.3 From Climate Change to Climate Crime
	6.4 Gender Wage Gap and Gender-Based Basic Income
	6.5 Meta-Governance of a Network of Regulatory Intelligence and Transformative Laws
		6.5.1 Objectification of the Agency of Regulator
		6.5.2 Structuration of Regulatory Meta-Governance
	6.6 Regulatory Intelligence for Political Economic Sustainability: Organizing for Economic Incentives and Voluntary Initiative...
	References
Chapter 7: Seeds & Intellectual Property Rights: Bad Faith and Undue Influence Undermine Food Security and Human Rights
	7.1 Introduction
	7.2 TRIPS Obligation to Protect Plant Varieties
	7.3 Undue Influence to Adopt UPOV Convention on Developing Countries and Least-Developed Countries
	7.4 Implications of PVP Laws Based on the UPOV Convention 1991 in Developing Countries and Least-Developed Countries
		7.4.1 Immediate Implications
		7.4.2 Long-Term Implications
	7.5 Conclusion
	References
Chapter 8: The New Belgian Mediation Rules of 2018, a Revolution for Commercial Dispute Settlement or a Measure in Vain?
	8.1 Mediation as a Dispute Settlement Method in Commercial Disputes
		8.1.1 Mediation in the Belgian Legislation
		8.1.2 Mediation Versus Some Other Alternative Dispute Resolution Methods
			8.1.2.1 Conciliation
			8.1.2.2 Arbitration
			8.1.2.3 The Advantage of Mediation in Business Disputes
		8.1.3 The Use of Mediation in Commercial Disputes, Some Figures
	8.2 The 2018 Belgian Mediation Law of 15 and 18 June and 11 July 2018
		8.2.1 Scope of the New Law
		8.2.2 Expanded Jurisdiction of the Court
		8.2.3 Court-Ordered Mediation
		8.2.4 Collaborative Negotiation
	8.3 Evaluation of the Amendments with Regard to Commercial Mediation
		8.3.1 Overview
		8.3.2 The Inclusion of Public Bodies Within the Scope of the New Mediation Law
		8.3.3 Role of the Court
			8.3.3.1 Inquiry Obligation of the Court
			8.3.3.2 Postponement of the Procedure for Maximum One Month
			8.3.3.3 Information About Mediation by the Court
			8.3.3.4 Reconciliation by Court
			8.3.3.5 Court-Ordered Mediation
			8.3.3.6 Personal Appearance
		8.3.4 The Role of the Legal Counsel
			8.3.4.1 Referral Duty
			8.3.4.2 Partner in Mediation
			8.3.4.3 Collaborative Negotiations
		8.3.5 Improved Education of the Stakeholders
	8.4 Conclusion
	References
Chapter 9: The Obligation of the de facto Director to Declare the State of Bankruptcy Under Belgian Criminal and Civil Law: Wh...
	9.1 Criminal Offences in Belgian Insolvency
		9.1.1 Introduction
		9.1.2 Belgian Criminal Law: An Introduction
		9.1.3 Belgian Criminal Law and Insolvency
		9.1.4 The Bankruptcy Offences
			9.1.4.1 De iure and de facto Directors in Belgian Criminal Law
			9.1.4.2 Article 489bis, 4 BCC: The Delay in Declaring the State of Bankruptcy
			9.1.4.3 The actus reus-Part 1: The Legal Obligation Set Out Under Article XX.102 of the BEC
			9.1.4.4 The actus reus-Part 2: The Directors
			9.1.4.5 What Is Necessary?
		9.1.5 To Knowingly Omit or a Breach of a Duty of Care?
			9.1.5.1 First Attempt in Rewriting Article 489bis 4 for de facto Directors
			9.1.5.2 Second Attempt in Rewriting Article 489bis 4 for de facto Directors
			9.1.5.3 The Difference
		9.1.6 The Risks of Escaping Criminal Persecution
	9.2 Belgian Civil Law
		9.2.1 Introduction
			9.2.1.1 Conditions and Need for an Enterprise to Have Bankruptcy Proceedings Opened
			9.2.1.2 Initiating the Opening of Bankruptcy Proceedings
		9.2.2 Liability of the Directors of a Company for the Continuation of an Insolvent Activity
			9.2.2.1 Directors´ Liability in General
			9.2.2.2 Liability for Not Declaring the Cessation of Payment
			9.2.2.3 Liability for Wrongful Trading
		9.2.3 De iure and de facto Directors in Belgian Civil Law
			9.2.3.1 The Logic of Sanctioning de facto Directors for Negligent Administration
			9.2.3.2 Extension of the Application of the de facto Director Since 2018
			9.2.3.3 De facto Directors Guilty of Not Declaring the State of Insolvency and of Wrongful Trading
	9.3 Conclusion: Do We Need the Criminal Law?
	References
Chapter 10: Amending EU Regulation No. 1151/2012 on Quality Schemes for Agricultural Products and Foodstuffs: Planting a Human...
	10.1 Introduction
	10.2 The EU Debate
		10.2.1 The Debate Over Human Factors
		10.2.2 The Battle Between Tradition and Innovation
		10.2.3 Who Will Win the Battle?
	10.3 Terroir and the Human´s Role
		10.3.1 Overview of Terroir
		10.3.2 The Transformation of Terroir in GI Protection in France and the Meaning of Human Factors
	10.4 The Intellectual Property Root of GI and the Direction of Innovation
		10.4.1 Defining the Purposes of Intellectual Property Regime in the Field of Food Products
		10.4.2 The Direction and Contribution of Innovation Under the Patent and Trademark Regimes
		10.4.3 The Underpinnings of GIs and the Direction of Innovation
	10.5 Suggestions for Amending the EU Regulation No. 1151/2012
		10.5.1 Who Should Win the Battle?
		10.5.2 Human Factors an Indispensable Protection Requirements for PDO
		10.5.3 Defining Human Factors in Products´ Specification Parts
		10.5.4 The Amendment to Products´ Specification for Innovation
	10.6 Conclusion
	References
Chapter 11: Neoliberalism: An Ideological Model That Has Proclaimed Egoism, Selfishness and Greed to Be the Basic Socio-econom...
	11.1 Introduction
	11.2 The Rise and Decline of the Welfare State Model
	11.3 Neoliberal Economic Policy
	11.4 Implementing the Neoliberal Agenda in Some Territories in Present Days
	11.5 Further Illustrations in the Present Book
	References