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Academic literature on the topic 'Foreign jurisdiction'

Author: Grafiati

Published: 10 March 2023

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Journal articles on the topic "Foreign jurisdiction"

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Guilhardi, Pedro. "Jurisdiction of National Courts for Interim Reliefs in Aid of Foreign Arbitral Proceedings: a Proposed Solution under the New York Convention." Revista Brasileira de Arbitragem 9, Issue 36 (December 1, 2012): 56–89. http://dx.doi.org/10.54648/rba2012063.

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ABSTRACT: The paper discusses the change of view in what concerns the jurisdiction of national courts to entertain requests of interim reliefs in aid of foreign arbitral proceedings. In the past, national courts would assert jurisdiction only after the relevant cause of action had been established to fall strictly within its jurisdictional scope. The simple fact that a case would relate, prima facie, to assets or evidence located, territorially, within the jurisdictional reach of a given court would not suffice to establish said court's jurisdiction over the request. In current practice, the seat of arbitration proceedings is often established in view of the perceived neutrality of the lieu. However, more often than not, the relevant parties, assets and evidence are located elsewhere. Against this background, national courts (following the lead of a 1979 precedent of the House of Lords, United Kingdom), have sought to avail themselves of a more lenient jurisdictional standard, to assert jurisdiction in exceptional circumstances. In several jurisdictions, new legislation has even been adopted in order to meet the current adjudicative needs of disputes relating to international commerce and trade, a change of approach that will be discussed by this paper. Moreover, this paper seeks to determine how desirable the developing paradigm actually is, so as to ultimately propose how its implementation could be carried out in different jurisdictions within the framework of the New York Convention, and without the need of necessarily amending legislation.

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Bigos, Oren. "Jurisdiction Over Cross-Border Wrongs On The Internet." International and Comparative Law Quarterly 54, no. 3 (July 2005): 585–620. http://dx.doi.org/10.1093/iclq/lei019.

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The internet presents challenges for private international law. One challenge relates to jurisdiction, which is traditionally based on territory. Transactions on the internet span many borders. When cross-border wrongs are committed they may lead to transnational litigation. This article examines the circumstances in which a court can exercise jurisdiction over a foreign defendant alleged to have committed a civil wrong over the internet. Section I examines the background to jurisdiction and the internet and sets the scope of the topic. Section n gives a brief summary of the internet and its applications. Section HI examines jurisdictional rules in civil wrongs cases.The focus is on two sets of rules commonly applied around the globe: the service abroad provisions and the special jurisdiction provisions. Section IV aims to apply those jurisdictional rules to cases of wrongs committed on the internet. It advances general principles, applicable in cases of cross-border wrongs committed on the internet, relating to the place where a wrong is committed and the place where damage is suffered. Defamation has its own peculiarities and is discussed separately. The issue of whether a court can grant an injunction against a foreign defendant in respect of foreign conduct is explored. The article concludes (in Section V) that existing jurisdictional rules need not be amended in light of the internet, and offers general statements about how jurisdictional rules apply to wrongs committed on the internet.

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Ryngaert, Cedric. "The Restatement and the Law of Jurisdiction: A Commentary." European Journal of International Law 32, no. 4 (November 1, 2021): 1455–69. http://dx.doi.org/10.1093/ejil/chab096.

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Abstract The Restatement of the Law (Fourth): The Foreign Relations Law of the United States is a monumental work, which, just like the Restatement (Third), may prove influential abroad. This also applies to its restatement of the law of jurisdiction. The clarity of the relevant chapters on jurisdiction, including the reporters’ notes, is admirable. Comparing the Restatement (Third) to the Restatement (Fourth), it is striking that the latter places greater emphasis on US law-based jurisdictional limitations. The relevance of the customary international law of jurisdiction has correspondingly diminished, especially in regard to jurisdiction to prescribe and adjudicate. This commentary critiques this shift towards jurisdictional ‘parochialism’. It singles out (i) the drafters’ characterization of the principle of jurisdictional reasonableness as a principle of US statutory interpretation (prescriptive comity) rather than a customary international law norm limiting prescriptive jurisdiction and (ii) the drafters’ view that the exercise of adjudicative jurisdiction is not constrained by customary international law.

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Alqudah, Mutasim Ahmad. "Alleviating Jurisdictional Uncertainty: An Arbitration Clause or a Jurisdiction Clause?" Business Law Review 37, Issue 4 (August 1, 2016): 124–28. http://dx.doi.org/10.54648/bula2016025.

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Disputes arising from commercial contracts involving foreign elements can be subject to litigation in many forums. Jurisdictional uncertainty has a very negative impact on engagement in international commerce. This uncertainty can be mitigated by the incorporation of either an arbitration clause or a jurisdiction clause. This article undertakes a comparative analysis of arbitration and jurisdiction clauses to show that reliance on an arbitration clause will provide parties to an international contract of commerce with a higher level of certainty. As this article clarifies, courts’ discretionary power to refuse the enforcement of arbitration clauses is less than their discretionary power to refuse enforcement of jurisdiction clauses. Courts grant a favourable treatment to arbitration clauses when enforced, whereas jurisdiction clauses are not treated as preferentially as arbitration clauses. This article concludes that if jurisdiction clauses are going to be of an equal function to arbitration clauses in terms of reducing jurisdictional uncertainty, a unified international legal framework for the enforcement of jurisdiction clauses must be in operation.

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Bureš, Pavel. "Recent Developments of International Law Commission Work on Immunity of State Officials from Foreign Criminal Jurisdiction." Polish Review of International and European Law 10, no. 2 (December 18, 2021): 63–78. http://dx.doi.org/10.21697/priel.2021.10.2.03.

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Immunity is a well bedded concept within international law and mainly within the principle of sovereign equality of states. There are different procedural implications of the concept of immunity – diplomatic and consular privileges and immunities, State jurisdictional immunities and also immunity of State officials from foreign criminal jurisdiction. The Article focuses on the latter one and portrays on recent developments of immunity of State officials from foreign criminal jurisdiction as it is elaborated by the UN International Law Commission (‘ILC’). The author frames (in the introduction) the concept of immunity and especially the immunity of State officials and puts it in a large theoretical structure of international law and in the work of ILC. Then, he focuses his attention on the phenomenon of progressive development of international law (2) and how it is used with respect to the topic considerated by the ILC. He then presents main ILC conclusions regarding limitations and exceptions to immunity of State officials (3) and finally outlines latest development (4) of the ILC work dealing mainly with relationship between foreign criminal jurisdiction and international criminal jurisdiction and other procedural questions.

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Han, Xueer, Hanyue Xue, Yiou Chen, Xuelin Liu, and Yitao Liu. "On the Jurisdiction of Foreign Divorce Cases in China." Asian Journal of Social Science Studies 6, no. 5 (December 1, 2021): 38. http://dx.doi.org/10.20849/ajsss.v6i5.966.

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This article takes China’s jurisdiction over foreign-related divorce cases as an entry point, and systematically expounds the provisions of China’s foreign-related divorce jurisdiction. According to my country’s regulations, my country’s jurisdiction over a foreign-related divorce is vertically divided into direct jurisdiction and indirect jurisdiction, and horizontally divided into personal Jurisdiction, territorial jurisdiction, exclusive jurisdiction, and jurisdiction by agreement. In my country’s Civil Procedure Law and related judicial interpretations, the domicile of the “plaintiff is the defendant” and the location of the plaintiff under certain circumstances is the main focus. The general solution path of the case; At the same time, my country's regulations on foreign-related divorce cases still have shortcomings, and there are still many areas that need to be improved. This article analyzes the shortcomings and the areas to be improved.

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Rafferty, Sara, and Chase Kaniecki. "Foreign Investment Control Heats Up: A Global Survey of Existing Regimes and Potential Significant Changes on the Horizon." Global Trade and Customs Journal 13, Issue 4 (April 1, 2018): 141–56. http://dx.doi.org/10.54648/gtcj2018017.

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Mergers and acquisitions by multinational companies require attention to foreign investment controls around the world, and such controls vary widely. For example, the requirements for determining whether such controls apply, the areas/industries of focus, and the notification/review process differ by jurisdiction. In addition, potential significant changes to foreign investment controls are looming. Ultimately, information available in the various jurisdictions surveyed suggests that it is relatively rare for foreign investments to be blocked or abandoned due to foreign investment controls.

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LOEVY, Karin. "The Legal Politics of Jurisdiction: Understanding ASEAN's Role in Myanmar's Disaster, Cyclone Nargis (2008)." Asian Journal of International Law 5, no. 1 (May 16, 2014): 55–93. http://dx.doi.org/10.1017/s2044251314000083.

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This paper exposes the limited perspective that we have over the problem of jurisdiction in emergencies. In the classic theory of emergency powers, sovereign control over borders is assumed, and jurisdictional problems are acknowledged when threats come from outside those borders or when they are handled outside. However, what characterizes many emergencies is not the exercise of sovereign jurisdiction but rather contestations over problems of jurisdiction and competing jurisdictional claims. To illustrate the need for a broader perspective over emergencies’ jurisdictional politics, this paper tells a multilayered story about a successful intervention by the Association of Southeast Asian Nations (ASEAN) in one of Myanmar's natural disasters (Nargis 2008). ASEAN's role in its Member State's disaster should be understood in view of its unique regional solution to the jurisdictional problem that this disaster raised—the problem of access by foreign aid to a domestic area affected by a natural disaster.

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Andrianova, Natalya G. "The List of Offshore Zones in the Russian Law." Jurist 11 (October 8, 2020): 49–54. http://dx.doi.org/10.18572/1812-3929-2020-11-49-54.

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Definition of the term «offshore jurisdiction» is not set forth in the Russian law, the list of offshore jurisdictions is compiled by the Ministry of Finance of the Russian Federation, however the process and criteria, which are examined to add the jurisdiction in the list, are not formalized. Nevertheless, making a list of offshore jurisdictions is a matter of vital importance, because legal entities, registered in such zones are not entitled to use several benefits in Russia, are subject to enhanced control, their activity in specified spheres is limited. The practice of European Union blacklisting process was analyzed in the article, were scrutinized criteria for screening jurisdictions with a view to establishing an European Union list. Precisely established process and criteria makes it possible to form the list objectively, acts as a spur to foreign jurisdictions for cooperation, bringing domestic legislation in accordance with international base erosion and profit shifting requirements. Providing a legislative framework for criteria of offshore zones will lead to rising of transparency of compilation of this list, annual update of the list will allow objectively estimate the current state of foreign jurisdictions relating to the problems of tax evasion and money laundering.

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Dutson, Stuart. "Actions for Infringement of a Foreign Intellectual Property Right in an English Court." International and Comparative Law Quarterly 46, no. 4 (October 1997): 918–25. http://dx.doi.org/10.1017/s0020589300061261.

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Recent English decisions have paved the way for English courts to apply foreign intellectual property law to the infringement of foreign intellectual property (‘IP’) rights in cases in which the court is seised of jurisdiction pursuant to the 1968 Brussels and 1989 Lugano Conventions. If one defendant can be sued pursuant to the Conventions' rules, the potential exists to consolidate in one English action claims against different defendants for the infringement of intellectual property rights from different jurisdictions. This ability to consolidate infringement actions is subject to Article 16(4) of the Conventions, the requirements of Article 6(1) and RSC Order 11, rule 1(1)(c), and the doctrine of forum non conveniens. However, it appears that in cases in which the court is seised of jurisdiction pursuant to the non-Convention rules, English courts will not be entitled to apply foreign intellectual property laws.

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Dissertations / Theses on the topic "Foreign jurisdiction"

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Miller, Craig G. "The case for the extension of United States extraterritorial criminal jurisdiction over civilians associated with the United States military in foreign jurisdictions /." (Requires Adobe Acrobat Reader), 2001. http://handle.dtic.mil/100.2/ADA395152.

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Pham, Hong Quang. "ADMINISTRATIVE DIVISION COURT IN VIETNAM: MODEL, JURISDICTION AND LESSONS FROM FOREIGN EXPERIENCES." Center for Asian Legal Exchange (CALE), 2010. http://hdl.handle.net/2237/20099.

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Baumgartner, Samuel P. "The proposed Hague Convention on jurisdiction and foreign judgments : trans-Atlantic lawmaking for transnational litigation /." Tübingen : Mohr, 2003. http://www.gbv.de/dms/spk/sbb/recht/toc/360708293.pdf.

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Olofsson, Sara. "Concurrent jurisdiction and parallel investigations and criminal proceedings in cases of foreign bribery : With focus on global settlement agreements." Thesis, Uppsala universitet, Juridiska institutionen, 2016. http://urn.kb.se/resolve?urn=urn:nbn:se:uu:diva-295160.

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Krivickas, Mindaugas. "Teismų jurisdikcijų kolizijos civilinėse bylose, turinčiose užsienio elementą." Master's thesis, Lithuanian Academic Libraries Network (LABT), 2011. http://vddb.laba.lt/obj/LT-eLABa-0001:E.02~2011~D_20110207_105948-33713.

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Šis magistro baigiamasis darbas skirtas teismų jurisdikcijų kolizijų civilinėse bylose, turinčiose užsienio elementą, bendrojoje tarptautinėje, užsienio ir Lietuvos teisėje įtvirtintos teisės normų reglamentacijos sukeliamų problemų analizei. Pagrindine tyrimo užduotimi autorius laiko po Lietuvos Respublikos tapimo Europos Sąjungos nare išaugusią užsienio elementą turinčių civilinių ginčų teismų jurisdikcijų teisingo nustatymo instituto svarbą įtvirtinančių tarptautinių, užsienio ir Lietuvos teisės normų nuostatų bei teismų jurisprudencijos įvertinimą bendrame pasauliniame kontekste. Darbą sudaro trys dalys. Pirmojoje dalyje išryškinama teismų jurisdikcijų kolizijos samprata, jos atskirų kriterijų reikšmė nustatant kompetentingą teismą ir tos teisminės institucijos priimtų sprendimų pripažinimą bei vykdymą. Taip pat detaliai susipažįstama su įvairių valstybių (Vokietijos, Prancūzijos, Lietuvos...) nacionalinių, pasaulinių (UNIDROIT Romos konvencija dėl pavogtų ar neteisėtai išvežtų kultūros objektų...) ir ES (Reglamento 44/2001…) teisės aktų bei Lietuvos Respublikos pasirašytų teisinės pagalbos sutarčių nuostatomis, įtvirtinančiomis civilinių bylų su užsienio elementu priskirtinumą konkrečioms teismų jurisdikcijoms. Antrojoje dalyje susipažįstama su Europos Teisingumo Teismo, Nuolatinio Tarptautinio Teisingumo Teismo, užsienio ir Lietuvos valstybių teisminių institucijų praktika. Aptariant šią praktiką bei pirmojoje dalyje aprašytus kriterijus, įvardijamos daugiausiai... [toliau žr. visą tekstą]
The present thesis is devoted to the analysis of collisions of courts' jurisdictions in civil cases involving a foreign element and the analysis of the problems caused by the regulation of law norms confirmed in General International Law, Foreign Law and Lithuanian Law. After becoming an EU member state, the growth of civil contentions involving a foreign element is noticeable in the Republic of Lithuania. According to the author of this thesis, the main task of the thesis is considered to be the evaluation of the right determination institute of civil law jurisdictions importance confirmed by International, Foreign and Lithuanian Law norms regulation as well as the courts’ jurisprudence in the common world context. The thesis consists of three different parts. In the first part the author emphasizes the definition of collision of the courts’ jurisdiction and the importance of its separate criteria by identification of the qualified court, the recognition of its taken judgments and implementation. After that, national laws of different countries (such as Germany, France, Lithuania, etc.), international (UNIDROIT Convention on Stolen or Illegally Exported Cultural Objects, etc.) and the European Union (EU) (Council Regulation 44/2001, etc.) rules of law as well as some legal provisions from the international legal assistance treaties signed by the Republic of Lithuania, that deals with civil cases’ involving foreign element, attributability to the particular courts will be... [to full text]

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Mupanga, Godfrey. "The work of the international criminal court in Africa and challenges for the future of international criminal justice." Thesis, University of Fort Hare, 2016. http://hdl.handle.net/10353/2645.

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Within the first decade of the ICC‟s existence, its case docket was composed of cases originating from Africa only. Relations between the African governments represented by the AU quickly deteriorated. The AU accuses the ICC of bias and unfair targeting of Africa. After the indictment of heads of states that include Omar Al Bashir of Sudan, Uhuru Kenyatta of Kenya and the late Muammar Gaddafi of Libya, the AU passed several resolutions where it reiterated its commitment to the rule of law and to combating impunity. The AU, however, instructed member states to cease all cooperation with the ICC. African states that are ICC members are now faced with conflicting obligations as a result of the AU resolutions. Moreover, the AU resolutions raise the spectre of a legitimacy crisis for the AU and a conflict between articles 27(2) and 98(1) of the Rome Statute. Based mostly on desk research coupled with my experience working on human rights and access to justice programmes in Sudan, South Sudan, Somaliland, Ethiopia, Kenya, Uganda and Zimbabwe, this thesis considers the possibility that the ICC is suffering from a legitimacy crisis as a result of the fall out and the issues of unfair selectivity that are raised by the AU. Employing the Third World Approaches to International Law as an analytical framework, the study attempts to reconcile the apparent contradictions in the new outlook and rhetoric of the AU pursuant to its Constitutive Act and the instruction to member states to withdraw cooperation with the ICC. The thesis also proposes practical ways to resolve the conflicting obligations caused by the AU resolutions and by operation of customary international law immunity of high ranking state officials referred to the ICC by way of a Security Council resolution. The current situation gives the ICC the appearance of a weak institution that is only good for low hanging fruit, which has a negative effect on the legitimacy of the ICC.

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Usman, Muhammad. "Does Cyberspace outdate Jurisdictional Defamation Laws?" Thesis, University of Bradford, 2019. http://hdl.handle.net/10454/17461.

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Cyberspace produces friction when the law is implemented by domestic courts using 'state-laws'. These laws are based on a ‘physical presence’ of an individual within the territory. It elevates conflicts relating to cyberspace jurisdiction. This research examines private international law complications associated with cyberspace. The paradigm of libel that takes place within the domain of social media is used to evaluate the utility of traditional laws. This research is conducted using ‘black-letter’ methodology, keeping in mind the changes constituted by the Defamation Act 2013. It pinpoints that the instantaneous nature of social media communication demands an unambiguous exercise of 'personal-jurisdiction', beyond the doctrine of territoriality. An innovation to the code of Civil Procedure is recommended to revise the process of service for non-EU defendants. The permission to serve a writ via social networks (or to the relevant Embassy of the defendant’s domicile state), can accelerate the traditional judicial process. This thesis can be utilised as a roadmap by libel victims for preliminary information. It contributes to the knowledge by discovering that the thresholds under Section 1 and Section 9 of the Defamation Act 2013 overlap with the conventional ‘forum-conveniens’ tests. This crossover is causing legal uncertainty in the application of existing rules to the digital libel proceedings. Section 1 and Section 9 thresholds do not fulfil the purpose of eliminating ‘libel-tourism’ and maintaining a balance between speech freedom and reputation rights. They raised the bar for potential victims and restricted their rights to justice. It is proposed that the traditional ‘conveniens test’ must be used for social media libel victims to produce legal certainty in cyberspace defamation.

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Patočka, Radim. "Evropský justiční prostor - nařízení Brusel I." Master's thesis, Vysoká škola ekonomická v Praze, 2009. http://www.nusl.cz/ntk/nusl-18167.

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The scope of this thesis is regulation (EC)No. 44/2001 on jurisdiction and the recognition and enforcement of judgements in civil and commercial matters. The provisions of Regulation is aiming the improvement and simplification of the recognition and enforcement of foreign judgements within the territory of the EU. According to the title of regulation this tesis is diveded in several parts explaining the key elements of developing the other maxime of the EU-free movement of judgements. First part includes the general fundamentals for determination of jurisdiction in cases with transborder element which is essential for aplication of this regulation as a part of legislation on international private law. Thanks to the nearly identical wording of Brussels I Regulation and Convention dealing with the same matter from the year 1968, all legal opinions of European Court of Justice related to that Convention can be invoked nowdays. Second part and third part turn to recognition and enforcement of foreign judgements in order to ensure the situation when "the declaration that a judgement is enforceable should be issued virtually automatically after purely formal checks of the documents supplied, without there being any possibility for the court to raise of its own motion on any of the ground for non-enforcement provided by this Regulation". The last part contents future trend in this sphere which can be seen from application of other regulation (European enforcement order, European order for payment procedure)giving rise to rapid and simple mechanism in specific cases. Especially it treats of cancellation special exequator proceeding which should be undertaken to achieve that foreign judgement would be enforceable.

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Holliday, Terry-Sue. "Assessment of the purpose of South Africa's controlled foreign company rules." Master's thesis, Faculty of Commerce, 2021. http://hdl.handle.net/11427/32682.

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Controlled foreign company (CFC) rules are anti-avoidance provisions designed to deter taxpayers from shifting their capital (and resultant income) to low-tax jurisdictions. Adoption of these rules in South Africa coincided with the relaxation of exchange control laws which opened up borders to inward and outward capital flows. South Africa's CFC regime has been amended over the years to become one of the most sophisticated amongst the G20 and aligned with the Organisation for Economic Co-operation and Development's (OECD) Action 3 recommendations (per the OECD's Base Erosion and Profit Shifting Action Project). Abusive profit-shifting tactics committed by multinational enterprises (MNEs) have caused the OECD to recommend that CFC rules be strengthened globally to combat this behaviour. However, in the United States and the United Kingdom, recent reforms appear to have weakened these countries' CFC (or CFC-equivalent) legislation, countering the OECD's recommendations. Such manoeuvres improve the profitability of these nations' MNEs by allowing their tax bills to remain lower than their international competitors'. As such, there is a danger of starting a race to the corporate tax-rate bottom where developing nations will be the losers, considering their greater reliance on corporate tax revenues than their developed counterparts. India and Brazil, both developing nations and BRICS members like South Africa, also aren't prioritising the strengthening of their CFC regulations – their focus is rather on improving transfer pricing (TP) legislation and enforcement to combat the damaging effects MNEs' avoidance practices are having on tax revenue collections in those countries. The existence of South Africa's advanced CFC legislation amongst a global trend of a weakening in, or the non-adoption of, CFC rules may hinder the competitiveness of South African MNEs. The current CFC regime could thus serve the purpose of stifling growth and foreign direct investment, instead of only deterring profitshifting behaviour. TP legislation targeted at MNEs (the biggest profit-shifting culprits) may yield the most effective anti-avoidance results. South Africa's recently enhanced TP reporting requirements are key to solving the offshore profit-shifting puzzle, as these reports will reveal information about an MNE's global operations and resultant profit-shifting activities. In addition, the revision to the TP arm's length principle to align compensation and value creation, will see profit-shifting MNEs bear the tax they were trying to avoid. It appears that the anti-avoidance purpose embodied within CFC regulations overlaps with the anti-avoidance mechanisms that these enhanced TP rules are designed to achieve. Thus, in a South African context, the most efficient way to curb tax avoidance may be to rely on TP, rather than CFC, legislation. As such, it is recommended that South Africa's CFC regulations be repealed.

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Botha, Pieter. "An analysis of low tax jurisdictions as a means of increasing foreign direct investments from a South Africa point of view." Diss., University of Pretoria, 2010. http://hdl.handle.net/2263/26441.

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The purpose of this study is to analyse low tax jurisdictions as a means of attracting direct foreign investment from a South African point of view. The phenomenon of low tax rates, tax havens and foreign investment have been inextricably linked over years but have gained notoriety since efforts by the Organisation for Economic co-operation and Development (OECD), to harmonise taxation and eliminate unfair tax competition between countries and specifically so with regard to countries classified as tax havens. These efforts have been given further momentum by the recent events known as the worldwide “financial crisis” which have at least partially been blamed on practices followed by tax havens. The phenomenon of low tax rates has been identified as one measure to increase foreign direct investment (FDI) and therefore stimulate the growth of local economies. Low tax rates have been very successfully exploited by countries labeled as tax havens resulting in high economic growth for such countries. It is recognised that South Africa is in need of foreign investment and specifically fixed investment to accelerate growth and solve specific problems like the high levels of unemployment. AFRIKAANS : Die doel van hierdie studie is om ‘n ontleding uit ‘n Suid-Afrikaanse oogpunt te doen van die aanvaarding van ‘n lae koers belastingstelsel soortgelyk aan diè soos gebruik in sogenaamde belastingtoevlugsoorde. Die verskynsel van lae belastingkoerse en buitelandse investering is ‘n bewese feit maar het berugtheid verwerf sedert die pogings van die Organisation for Economic Co-operation and Development (OECD), om belastingkoerse te harmoniseer en onbillike belastingwedywering uit te skakel tussen lande en met spesifieke verwysing na lande geklassifiseer as belastingtoevlugsoorde. Hierdie pogings het verdere momentum verwerf na aanleiding van die gebeure wat bekendheid verwerf het as die wêreldwye finansiële krisis wat ten minste gedeeltelik toegeskryf is aan praktyke gevolg deur belastingtoevlugsoorde. Die praktyk van lae belastingkoerse is geïdentifiseer as een metode om buitelandse investering te stimuleer en sodoende plaaslike ekonomiese goei aan te moedig. Verskeie sogenaamde belastingtoevlugsoorde het sukses behaal deur gebruik te maak van lae belastingkoerse ten einde hoë ekonomiese groeikoerse te bewerkstellig. Suid Afrika het ‘n behoefte aan buitelandse investering en spesifiek vaste investering ten einde plaaslike groei van die ekonomie aan te moedig en sodoende probleme soos hoë werkloosheidsvlakke aan te spreek.
Dissertation (MCom)--University of Pretoria, 2010.
Taxation
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Books on the topic "Foreign jurisdiction"

1

Peter, Kaye. Civil jurisdiction and enforcement of foreign judgments. Abingdon, Oxon: Professional Books, 1987.

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S, McBain Graham, and MacKay Ronald D, eds. Butterworths jurisdiction, foreign judgments and awards handbook. London: Butterworths, 1994.

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Gordon, Michael W. Foreign state immunity in commercial transactions. Salem, N.H: Butterworth Legal Publishers, 1991.

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Chamlongrasdr, Dhisadee. Foreign state immunity and arbitration. London: Cameron May, 2007.

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Institute, American Law. International jurisdiction and judgments project: Memorandum. Philadelphia, PA: Executive Office, American Law Institute, 1999.

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Olaniyan, Hakeem Abimbola. Jurisdiction of Nigerian courts in causes with foreign elements. Lagos, Nigeria: University of Lagos Press, 2013.

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Webb, Jeffrey R. Status of forces agreements: Foreign jurisdiction and congressional oversight. Edited by Mason R. Chuck, Garcia Michael John, and Library of Congress. Congressional Research Service. Hauppauge, N.Y: Nova Science Publisher's, 2011.

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Canada. Fisheries jurisdiction case (Spain v. Canada): Counter-memorial of Canada (jurisdiction). [The Hague: International Court of Justice], 1996.

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Institute, American Law, ed. International jurisdiction and judgments project: Council memorandum. Philadelphia, PA (4025 Chestnut St., Philadelphia 19104-3099): Executive Office, American Law Institute, 1999.

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Lynden, Carel J. H. Enforcement of judgments, awards & deeds in commercial matters: Jurisdictional comparisons. London: Thomson Reuters, 2013.

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Book chapters on the topic "Foreign jurisdiction"

1

Voetelink, Joop. "Foreign Armed Forces on Allied Territory During Armed Conflict." In Status of Forces: Criminal Jurisdiction over Military Personnel Abroad, 35–53. The Hague: T.M.C. Asser Press, 2015. http://dx.doi.org/10.1007/978-94-6265-057-2_3.

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Roorda, Lucas. "Adjudicate This! Foreign Direct Liability and Civil Jurisdiction in Europe." In Business and Human Rights in Europe, 195–211. Abingdon, Oxon ; New York, NY : Routledge, 2018. | Series: Transnational law and governance: Routledge, 2018. http://dx.doi.org/10.4324/9780429443169-17.

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Voetelink, Joop. "Analysis of the Frameworks for Foreign Presence from an International Operational Perspective." In Status of Forces: Criminal Jurisdiction over Military Personnel Abroad, 213–32. The Hague: T.M.C. Asser Press, 2015. http://dx.doi.org/10.1007/978-94-6265-057-2_12.

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Voetelink, Joop. "Limits on the Extraterritoriality of United States Export Control and Sanctions Legislation." In NL ARMS, 187–217. The Hague: T.M.C. Asser Press, 2021. http://dx.doi.org/10.1007/978-94-6265-471-6_11.

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AbstractThe sovereignty of states is reflected in the notion of jurisdiction, empowering them to enact and enforce laws and regulations, and to adjudicate disputes in court. The jurisdiction of states and the exercise thereof is primarily territorial, limiting the exercise of state authority to their respective national territories except in specific situations. However, in an increasingly globalized and interconnected world, it would be hard to maintain that a state should be denied the right to exercise its sovereign powers beyond national borders when there are reasonable grounds for doing so. Consequently, the exercise of extraterritorial legislative jurisdiction has become more accepted, although it is limited to particular situations and circumstances. These have to do with the exercise of jurisdiction over nationals, vessels and aircraft registered in or pertaining to the legislating state, as well as certain activities aimed at undermining the state’s security or solvency or which constitute crimes under international law. However, in principle it is not allowed to regulate activities of foreign nationals or entities operating wholly outside the legislating state’s territory. One area where this has become increasingly prevalent is through the exercise of export controls over foreign nationals and legal persons. The United States (US) has long been engaged in the exercise of this type of extraterritorial jurisdiction and is, without doubt, the state that is most proactive in doing so. This chapter considers US extraterritorial claims with respect to its export control and sanctions legislation and explores the limits of this practice under public international law.

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"Jurisdiction." In Suing Foreign Governments and Their Corporations, 2nd Edition, 171–265. Brill | Nijhoff, 2003. http://dx.doi.org/10.1163/9789004478947_007.

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Briggs, Adrian. "Injunctions to restrain wrongful foreign litigation." In Civil Jurisdiction and Judgments, 605–53. 7th ed. Informa Law from Routledge, 2021. http://dx.doi.org/10.4324/9780367815073-33.

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"RECOGNITION AND ENFORCEMENT OF FOREIGN JUDGMENTS." In Civil Jurisdiction and Judgments, 717–857. Informa Law from Routledge, 2015. http://dx.doi.org/10.4324/9781315736303-16.

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Briggs, Adrian. "Foreign judgments registrable under the 1982 Act." In Civil Jurisdiction and Judgments, 853–64. 7th ed. Informa Law from Routledge, 2021. http://dx.doi.org/10.4324/9780367815073-42.

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Briggs, Adrian. "Schemes for recognition and enforcement of foreign judgments." In Civil Jurisdiction and Judgments, 711–14. 7th ed. Informa Law from Routledge, 2021. http://dx.doi.org/10.4324/9780367815073-38.

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Briggs, Adrian. "Foreign judgments and the rules of common law." In Civil Jurisdiction and Judgments, 763–841. 7th ed. Informa Law from Routledge, 2021. http://dx.doi.org/10.4324/9780367815073-40.

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Conference papers on the topic "Foreign jurisdiction"

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Wei, Wang, Ekaterina Rusakova, and Andrei Zimakov. "CIVIL PROCEEDINGS WITH FOREIGN PARTICIPANTS IN CHINA." In NORDSCI International Conference. SAIMA Consult Ltd, 2020. http://dx.doi.org/10.32008/nordsci2020/b2/v3/09.

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This article considers the civil procedural legislation of the China, legal status of foreigners, jurisdiction of Chinese courts, and examines the recognition and enforcement of foreign judgments in civil and commercial matters on the territory of China. In order to achieve the above research objectives, we have identified the following research tasks: to summarize the development history of China's legislation related to civil proceedings with foreign participants, especially the changes in the Civil Procedure Law in several amendments; to determine the legal status of foreigners in civil proceedings and the scope of jurisdiction of Chinese courts over civil proceedings with foreign participants; to analyse treaties about judicial assistance signed between China and other countries or international organizations, especially those relating to recognition and enforcement of foreign judgments in civil and commercial matters on the territory of China

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Ferreira da Silva, Jaime. "Foreign scientific research vessels in waters under Portuguese sovereignty or jurisdiction." In OCEANS 2015 - Genova. IEEE, 2015. http://dx.doi.org/10.1109/oceans-genova.2015.7271604.

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Lupsan, Gabriela. "REFLECTIONS ON JURISDICTION AND THE LAW APPLICABLE TO DIVORCE WITH A FOREIGN ELEMENT." In SGEM 2014 Scientific SubConference on POLITICAL SCIENCES, LAW, FINANCE, ECONOMICS AND TOURISM. Stef92 Technology, 2014. http://dx.doi.org/10.5593/sgemsocial2014/b21/s5.100.

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Eliášová, Silvia. "Jurisdiction and Enforcement after Brexit under Withdrawal Agreement." In COFOLA INTERNATIONAL 2020. Brexit and its Consequences. Brno: Masaryk University Press, 2020. http://dx.doi.org/10.5817/cz.muni.p210-9801-2020-1.

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This paper focuses on the issue of international jurisdiction and enforcement of foreign judgements after Brexit basically until the end of transition period (to 31 December 2020) according to the Withdrawal Agreement, with possible next legal regime. The withdrawal of United Kingdom from the European Union is undoubtedly a significant interference with existing European law. What dimension it takes depends, in particular, on the question of whether or not to complete a comprehensive agreement between the EU and the UK that would establish and direct the future partnership and cooperation in all relevant areas. With the aim of contributing to the discussion concerning EU and UK fundamental rules on jurisdiction and enforcement, this paper provides a view of possible questions and solutions immediately after Brexit until end of transition period. The legal regime of judicial proceedings with an international element initiated before Brexit or during transition period is still relevant under these pre-Brexit rules or Withdrawal Agreement rules. The same situation is with regard to judgements delivered before 31 December 2021. This contribution shall review the state of play immediately after Brexit under Withdrawal Agreement concerning “separation” of EU fundamental rules on jurisdiction and enforcement.

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Kravchenko, Oleg. "Constitutional and legal issues of application of clause 1, part 1, article 39 of the Criminal procedure code of the Russian Federation." In Development of legal systems in Russia and foreign countries: problems of theory and practice. ru: Publishing Center RIOR, 2021. http://dx.doi.org/10.29039/02061-6-161-167.

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Accurate determination of the place of preliminary investigation indicates adherence to the principle of legality in criminal proceedings and the achievement of goals on the protection of rights and lawful interests of the affected parties, as well as on protection of individual from wrongful and unfounded accusations and restrictions of their rights and freedoms. Science addresses the general questions pertaining to determination of the place of preliminary investigation, but does not give due attention to realization of discretionary powers of the higher investigating authority to determination of the place of preliminary investigation. The article reveals the essential conditions for application of such power by the investigating authority, and analyzes case law for compliance with these conditions. The conclusion is made that legislation does not contain clear and specific rules for determination of the place of preliminary investigation, including the territorial jurisdiction of advocating for the election or extension of pre-trial detention. The author describes the flaws in legal regulation associated with the possibility of determination of jurisdiction of a case in administrative proceedings, by means of law enforcement decision prior to the emergence of legal situation (for example, before submission of a request for the election or extension of pre-trial detention) by lowering the rank of investigating authority, for example to district level. From the practical perspective, elimination of such flaws should facilitate the proper application of the corresponding legal norm, as well as accurate determination of the place of preliminary investigation.

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Winarwati, Indien. "Indonesian Jurisdiction In The Policy Of Sinking Foreign-Flagged Ships In Indonesia's Exclusive Economic Zone." In Proceedings of the 1st International Conference on Social Sciences (ICSS 2018). Paris, France: Atlantis Press, 2018. http://dx.doi.org/10.2991/icss-18.2018.269.

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Petrović, Dragana. "RELATIVIZACIJA NEGATIVNOG STAVA O PORESKIM RAJEVIMA." In XV Majsko savetovanje: Sloboda pružanja usluga i pravna sigurnost. University of Kragujevac, Faculty of Law, 2019. http://dx.doi.org/10.46793/xvmajsko.1033p.

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Tax havens represent a country or territory of a particular country under foreign jurisdiction through which goods tax policy and strict compliance with the principle of banking secrecy wants to attract and retain foreign capital. Administration although the tax benefits the country's potential knowingly waive part of fiscal revenues, "the final product" that "tax havens" offer is to increase economic activity by the inflow of foreign capital more than a stimulating effect on small tax income from low tax rates. The tax havens typically not a question of whether the money is clean or dirty. From this optics, often emphasizes the special relationship between tax havens and organized crime (ie. Money laundering), which placed them as such at a particular time, place, context! This is the essence, but also an alternative to the current approach to the consideration of the relevant issues. The problem here analyzed from an interesting angle that perhaps best explains the reasons for the selection of the title so much. Further exposure will include the introduction to the basic features of tax havens, the current situation and the ways in which they work, where the author concludes, the story of tax havens should not always focus on something negative (criminal or immoral).

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Kae, Chan, Elena I. Fedorova, Elena A. Repina, Lyalya A. Edilsultanova, and Julia N. Marakulina. "The main directions of structural transformation of the oil and gas complex in the context of sanctions restrictions." In Sustainable and Innovative Development in the Global Digital Age. Dela Press Publishing House, 2022. http://dx.doi.org/10.56199/dpcsebm.nwfg7353.

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The Russian oil and gas sector has been under sanctions since 2014, but in 2022 unprecedented restrictions were imposed on the industry, significantly changing the way companies operate and leading to a major transformation of their development strategies. At the same time, many of the imposed sanctions are highly conditional, i.e. the vague wording in the documents allows them to be interpreted rather variably, which allowed many foreign companies to cooperate with Russian companies to the same extent until 2022. The radically changed conditions of oil and gas complex functioning have now made it urgent to consider the directions of structural transformation that the domestic oil and gas complex will have to face. The article considers three basic directions of transformation – the intensification of import substitution processes, reconstruction of logistic chains and transfer of international industry investment projects into the Russian jurisdiction.

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Voloshyn, Yurii, Maryna Holovatenko, and Redion Luli. "Judicial Practice of Bodies of Constitutional Jurisdiction of Foreign States on Restrictions of Human and Civil Rights Imposed in Connection with the Spread of Covid-19 and Quarantine Measures." In International Conference on Social Science, Psychology and Legal Regulation (SPL 2021). Paris, France: Atlantis Press, 2021. http://dx.doi.org/10.2991/assehr.k.211218.029.

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Belova, Gabriela, Gergana Georgieva, and Anna Hristova. "THE FOREIGN INVESTORS AND NATIONALITY CONCEPT UNDER INTERNATIONAL LAW." In 4th International Scientific Conference – EMAN 2020 – Economics and Management: How to Cope With Disrupted Times. Association of Economists and Managers of the Balkans, Belgrade, Serbia, 2020. http://dx.doi.org/10.31410/eman.2020.193.

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Although in the last years the international community has adopted a broad approach, the definition of foreign investors and foreign investments is still very important for the development of international investment law. The nationality of the foreign investor, whether a natural person or legal entity, sometimes is decisive, especially in front of the international jurisdictions. The paper tries to follow the examples from bilateral investment agreements as well as from multilateral instrument such as the International Centre for Settlement of Investment Disputes (ICSID) Convention. An important case concerning Bulgaria in past decades is also briefly discussed. The authors pay attention to some new moments re-developing the area of investment dispute settlement within the context of EU Mixed Agreements, especially after the EU-Canada Comprehensive Economic and Trade Agreement.

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Reports on the topic "Foreign jurisdiction"

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Tanzman, Edward A., David Gualtieri, Barry Kellman, and M. C. Bassiouni. A Comparative Study of the Legal Implementation of the Chemical Weapons Convention in Foreign Jurisdictions. Fort Belvoir, VA: Defense Technical Information Center, November 1993. http://dx.doi.org/10.21236/ada273684.

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Béraud-Sudreau, Lucie, Xiao Liang, Siemon T. Wezeman, and Ming Sun. Arms-production Capabilities in the Indo-Pacific Region: Measuring Self-reliance. Stockholm International Peace Research Institute, September 2022. http://dx.doi.org/10.55163/xgre7769.

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Armed forces in the Indo-Pacific region remain dependent on weapon systems imported from foreign suppliers. This is despite the efforts of many governments in the Indo-Pacific to implement policies that support the development of local arms industrial capabilities with the aim of increasing self-reliance. This report develops three indicators to give a score and regional ranking of self-reliance to twelve jurisdictions in the Indo-Pacific region: Australia, China, India, Indonesia, Japan, South Korea, Malaysia, Pakistan, Singapore, Taiwan, Thailand and Viet Nam. Overall, this report contributes to knowledge and debates on armament trends and military modernization in the Indo-Pacific. In a region where tensions among neighbours are rising, it further contributes to transparency with regard to levels of self-reliance in domestic arms production, allowing for an independent assessment of the region’s respective arms industries.

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