Academic literature on the topic 'Foreign trade regulation – Law and legislation'
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Journal articles on the topic "Foreign trade regulation – Law and legislation"
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Kirilenko, V. P., Yu V. Mishalchenko, and E. V. Vasileva. "Features of International Legal Regulation of Foreign Trade Contracts." EURASIAN INTEGRATION: economics, law, politics 16, no. 3 (October 14, 2022): 84–94. http://dx.doi.org/10.22394/2073-2929-2022-03-84-94.
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The article conducts a study to determine the mechanism of effective legal regulation of the content of foreign trade contracts when establishing mutually beneficial relations between participants in a foreign economic transaction who are subjects of law of different states by type of economic activity in accordance with and in accordance with the terms agreed by the parties on the basis of the applicable norms of national and international law and the legislation of the countries regulating these legal relations in foreign economic activity.Aim. To propose the most optimal directions for improving the legal regulation of the content of foreign trade contracts in the system of international integration.Tasks. To determine the legal basis for regulating foreign trade contracts in modern integration processes; to investigate the legal aspects, specifics and procedure for concluding foreign trade contracts, as well as to identify legal problems that hinder the development of these legal relations.Methods. In this research we used methods of comparative law, methods of analysis and synthesis, as well as methods of deduction and induction.Results. In the course of the study, the authors come to the conclusion that there are some problematic aspects of both national and international regulation in the field of foreign trade contracts. These problems are expressed in the absence of a single legal regulation for the conclusion and execution of foreign trade contracts, the presence of specific requirements for the content of the contract in different countries, and as a result, the appearance of conflicts at the stage of agreement of the text of the contract by partners from different countries, as well as in the absence of a single legal mechanism ensuring fair resolution of disputes between the parties to the contract.Conclusion. As a result of the analysis of the actual problems associated with the lack of the necessary comprehensive legal regulation of the content of foreign trade contracts, the authors propose optimal ways to solve them by harmonizing legislation at the international level in order to humanely and fairly bring together the legislations of states and establish comparable regulatory legal regulation in relation to the legal regulation of the content, conclusion and execution of a foreign trade contract.
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Harianto, Aries. "Regulating Foreign Labor in Emerging Economies: Between National Objectives and International Commitments." Academic Journal of Interdisciplinary Studies 10, no. 3 (May 10, 2021): 384. http://dx.doi.org/10.36941/ajis-2021-0092.
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The dialectics of the regulation of foreign workers, is a problematic indication as a legal problem in Indonesian legislation. This article aims to describe the urgency of critical studies concerning the regulation of foreign workers by exploring existing legal problems with national commitments to ratify international agreements regarding free trade, with a case study in Indonesia. By using normative and juridical approach with a variety of approaches both the law approach, conceptual approach, case approach and comparative approach, the study found that the regulation there is an inconsistency clause regarding special competencies that must be owned by foreign workers, including the selection and use of terminology in Act No. 13 of 2003 concerning Manpower. Thus, this study offers a constitutional solution due to the regulation of the subordinate foreign workers on international trade commitments which in turn negate the constitutional goals of creating the welfare of domestic workers. The normative consequences that immediately bind Indonesia after integrating itself in the World Trade Organization (WTO) membership are services trade agreements that are contained in the regulations of the General Agreement on Trade in Services (GATS). Based on the GATT/WTO rules, national legislation or labor regulations that are too protective are considered to violate WTO provisions because the WTO substantially requires the creation of policies without discrimination in all matters including equalizing the position of foreign workers and domestic workers. The final finding of this study offers to draft the concept of future regulation regarding the regulation of foreign workers who are loaded with elements of the objectives of constitutional-based law.
Received: 25 September 2020 / Accepted: 9 April 2021 / Published: 10 May 2021
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Khoma, Val O. "NATIONAL PECULIARITIES OF LAW REGULATION IN THE FIELD OF DUTY-FREE TRADE." Legal horizons, no. 17 (2019): 59–63. http://dx.doi.org/10.21272/legalhorizons.2019.i17.p:59.
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The article is devoted to the researching of peculiarities of national law regulation in the field of duty-free trade. Moreover, the article is devoted to the analysis of the concept of a “duty-free trade regime”, legislative peculiarities of implementing law terminology on the order of sale of goods in duty-free shops. The ways of improving the law regulation system in this field are suggested. The national system of law regulation in the field of duty-free trade is included in the system of law regulation in the field of implementing State Customs Policy. The State Customs Policy is called to defend national interests, to provide Customs Security, to determine the principles of foreign trade regulation and protection of domestic market, to provide development of national economy and it’s integration into the world economy with the State Customs Affair means. Extremely high requirements are stated to quality of legislation in any field of social and economic life including Customs Field as normative and law regulation is essential. This statement is equal to the quality of norms by which activity on duty-free sale is regulated. Peculiarities of national law regulation in the field of duty-free trade are researched. The analysis of the concept of a “duty-free trade regime” has done. Legislative peculiarities of implementing law terminology on the order of sale of goods in duty-free shops demonstrate contradictions and inconsistencies in formulating appropriate statements of the Customs Code of Ukraine. Detached suggestions on improving a national system of law regulation in the field of duty-free trade are grounded in the article on the base of analysis of Customs Code of Ukraine statements quality and as a result of determining of law collisions and contradictions, and also of expediency of implementing some formulation of concept apparatus in this field. It is suggested to improve the system of law regulation in the field of duty-free trade in the way of identifying principle changes on the removal of the concept of “customs regime” from national Customs legislation and implementing of the concept of “customs procedures” according to the European approach. Another way of improving the system of law regulation in the field of duty-free trade is currently using the concept of “customs regime” with the appropriate correcting meaningful and technical errors in Chapter 22 of the Customs Code of Ukraine. Keywords: law regulation, law regime, duty-free trade, duty-free shop.
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Kozhevnikov, Оleg A., and Marina V. Chudinovskikh. "Regulation of telework in Russia and foreign countries." Vestnik of Saint Petersburg University. Law 11, no. 3 (2020): 563–83. http://dx.doi.org/10.21638/spbu14.2020.303.
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The article analyzes the legislative approaches to the regulation of telework in Russia, the United States, and the countries of the European and Eurasian Economic Union (EAEU). The authors systematized the main issues of the Telework Enhancement Act, the Telework Framework Agreement, and the Labor Code of the Russian Federation and countries of the EAEU. The comparison made it possible to conclude that the norms of Russian labor law significantly lag behind European and American legislation. The regulation of telework in the Russian Federation consists of a certain framework, without a legal resolution of many important issues. The norms of the Labor Code of the Russian Federation are focused on procedural issues rather than on guarantees and compensation for employees. The authors investigated the level of labor guarantees for teleworkers in Russia and also carried out a comparison of social protection, which highlighted the reasons for the proliferation of “gray” employment schemes. The key problems of telework regulation in Russia are the absence of the obligation of the employer to compensate the employee for the costs of equipment and communication, reduced responsibility and duties of the employer in terms of labor protection, adherence to the work and rest regime, imperfection of the rules governing dismissal. In order to improve the Russian legislation, the possibilities of securing the preferential right of certain categories of individuals to enter into an agreement on teleworking, establishing the employer’s obligation to compensate employee expenses caused by teleworking are considered. The necessity for increasing the work on raising the level of the legal culture of citizens on the part of educational institutions and trade unions is justified. The regulation of telework in Russia needs to be gradually improved on the basis of an analysis of Russian law enforcement practices and foreign experience.
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Shaidullina, Venera Kamilevna. "Legal regulation of functionality of the trade aggregators online." Право и политика, no. 8 (August 2020): 58–66. http://dx.doi.org/10.7256/2454-0706.2020.8.33341.
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The object of this research is the public relations in the area of functionality of the trade aggregators online. The subject of this research is the normative legal acts regulating these public relations. A definition is provided to the trade aggregators, with emphasis on the key disadvantages of e-commerce for consumers from the perspective of application of such tools. The author examines foreign experience of legislative regulation of e-commerce, as well as underlines one of the crucial problems in regulation of e-commerce relations consisting in responsibility for the quality of information, published by the seller within the framework of indicated aggregators. As evidenced by practice, online purchase of goods involves various risks and conflict situations, which should be taken into account by all e-commerce participants. It is noted that the activity of aggregators intensify competition in e-commerce. Thus, the author suggest to enshrine a universal definition of Internet aggregators not in the sectoral legislation, but in Law No. 149-FZ of July 27, 2006 “On Information, Information Technologies and Information Protection". Only then would be possible to establish responsibility of the trade aggregators in sectoral legislation (for example, in the area of transportation services, communications, commerce, etc.).
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Чукреев, Вадим Андреевич. "Countering illegal organ and tissue transplantation in foreign legislation." Вестник Московской академии Следственного комитета Российской Федерации, no. 2(32) (June 22, 2022): 106–12. http://dx.doi.org/10.54217/2588-0136.2022.32.2.014.
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Статья посвящена анализу уголовно-правовых норм зарубежных стран, таких как США, Индия и другие, в области незаконной торговли органами и тканями и противодействия указанным преступлениям. Автор рассматривает законодательство зарубежных стран в сфере криминализации незаконной торговли органами и тканями, раскрывает ряд нормативно-правовых актов, регулирующих данный вопрос, и отображает основные подходы различных уголовно-правовых систем зарубежного права. The article is devoted to the analysis of criminal law norms of foreign countries, such as the United States, India and others, in the field of illegal trade in organs and tissues and countering these crimes. The author examines the legislation of foreign countries in the field of criminalization of illegal trade in organs and tissues, reveals a number of normative legal acts regulating this issue, and displays the main approaches of various criminal legal systems of foreign law.
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Imamova, Dilfuza. "Improvement of legal regulation of foreign economic transactions in the Republic of Uzbekistan." Общество и инновации 1, no. 2 (November 18, 2020): 94–104. http://dx.doi.org/10.47689/2181-1415-vol1-iss2-pp94-104.
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The article deals with issues related to improving the legal regulation of foreign economic transactions in the Republic of Uzbekistan. It is determined that foreign economic transaction is a transaction in which one party is a foreign company or a commercial enterprise located in another state, the trade focused on the import or export abroad and to use in settlements with counterparty foreign currency. It was found out that some types of foreign economic transactions are not reflected in the national legislation of the Republic of Uzbekistan, namely distribute and forfeiting contracts.
The article notes that there are various problems associated with the incorrect formation of the terms of foreign economic transactions, their content and requirements, in particular when reflecting the applicable law, the arbitration clause, determining the advantages of the contract language, the application of non-state regulation.
It is concluded that it is necessary to regulate the definition of applicable law in relation to certain types of foreign economic transactions that are not reflected in the Сivil code of the Republic of Uzbekistan, namely, in relation to distribution and forfeiting contracts, certain types of foreign economic transactions, internet auctions, internet contests or internet exchanges.
Based on the study of foreign experience and scientific and theoretical views, ways to improve legislation in the field of settlement of certain types of foreign economic transactions were investigated. Based on the results of the analysis, relevant conclusions were drawn and proposals were developed for the current legislation.
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Aliyeva-Baranovska, Vira, and Olha Sirenko. "Comparative characteristics of trade secret in the legislation of foreign countries and in international law." Naukovyy Visnyk Dnipropetrovs'kogo Derzhavnogo Universytetu Vnutrishnikh Sprav 4, no. 4 (December 29, 2020): 135–49. http://dx.doi.org/10.31733/2078-3566-2020-4-135-149.
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The purpose of the article is to investigate the place of trade secrets in regulations, international treaties, foreign legislation, and key means of protecting trade secrets in accordance with these regulations. A comparative analysis of current norms and provisions of the system of legislation of foreign countries in terms of protection of trade secrets. An analysis is performed of international treaties and the legal framework of foreign countries, namely, the Paris Convention for the Protection of Industrial Property, the Stockholm Convention establishing the World Intellectual Property Organization of 1967 in terms of protection of trade secrets in order to improve national legislation in this area. It has been emphasized that the definition of trade secrets is similar in the Civil Code of Ukraine and in the TRIPS Agreement, which enshrines three criteria of trade secrets: secrecy, commercial value and taking adequate measures to ensure secrecy. It is noted that legal protection provides for and requires the owner of the commercial secrecy to take appropriate measures to ensure the protection of relevant information from unfair commercial use. Sometimes the misappropriation of a trade secret is the result of industrial espionage, when a person provides classified information to a competitor for monetary or other remuneration. The main provisions of the North American Free Trade Agreement (NAFTA) on trade secrets are analyzed in comparison with the EU legal system, according to which patent law provides additional incentives for the application of the commercial secrecy regime to protect confidential information. Four approaches to understanding this legal regime in the doctrine of Anglo-Saxon legal systems are analyzed: the theory of contractual obligation, the theory of fiduciary (trust) relations, the theory of misappropriation and the theory of unfair competition. It is concluded that the applied criteria for classifying information as a trade secret are similar, in relation to actions that are not appropriation of a trade secret, in particular, in relation to the ‘legalization’ of reverse development, which is relevant for the information technology industry. Ukraine has the prospect of including in its legislation an important legal act – the Law of Ukraine on Trade Secrets, which will have a positive impact on the business climate, promote investment attractiveness, and meet the needs of businesses and the state.
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PETRYSHYN, Nataliia, Andrii TODOSHCHUK, and Marta DAVYDCHAK. "Features of the regulation of foreign economic activity during martial law." Economics. Finances. Law 11/2, no. - (November 30, 2022): 9–12. http://dx.doi.org/10.37634/efp.2022.11(2).2.
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Introduction. As a result of the introduction of martial law on the territory of Ukraine, state regulation is complicated by a number of problems, in particular, in the area of ensuring economic stability and development. Therefore, there is an urgent need to find new mechanisms for the organization of state regulation of foreign economic activity, which will be adaptive to today's conditions and provide adequate support for international trade relations, in order to facilitate the search for new markets for the sale of domestic products and services. Purpose. Research and analyze the state of state regulation of foreign economic activity in Ukraine. To characterize the implemented changes in the mechanism of regulation of foreign economic activity in the conditions of martial law. To single out the problems of state regulation of foreign economic activity and to outline future prospects for development. Results. Since martial law is a specific legal regime, the use of market instruments of influence on foreign economic activity that existed before the war may not be appropriate. Therefore, the state introduced certain changes in the legislation on the regulation of foreign economic activity. In particular, it is possible to import most goods in a simplified way without making customs payments and without carrying out a customs inspection; quotas and export licensing of agricultural groups of goods were introduced; the deadline for settlement of operations on the export and import of goods has been reduced; it is prohibited to carry out cross-border transfer of currency values from Ukraine, etc. Particular attention is paid to the problems that complicate the process of introducing foreign economic activity in the conditions of war and directly affect the economic condition of both the enterprise and the state. Conclusion. During the martial law, changes in the regulation of foreign economic activity should take into account the partial loss of logistics infrastructure, the increase in the level of political risks, the difficulty of choosing partners and establishing cooperation, etc. and help the country in the effective conduction of international trade.
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Прокофьев, Александр, Aleksandr Prokofiev, Валерия Смирнова, and Valeriya Smirnova. "Certain Issues Concerning Legal Regulation of Trade Mark License Contracts." Journal of Russian Law 3, no. 7 (June 25, 2015): 0. http://dx.doi.org/10.12737/11743.
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The article examines current legal problems which arise in connection with trade mark license contracts. In the contemporary business environment a problem of liability for non-ensuring quality control under trade mark licensing law has become increasingly important. Restrictive business practices and regulation of parallel import is another concern. Authors analyze not only provisions of the substantive law but also legal regulation of the relevant issues concerning the conflict of laws rules. The article also tackles a major problem in the sphere of international private law: correlation of lex contractus and lex loci protectionis connecting factors. Lex contractus covers contractual aspects of the trade mark license such as contract interpretation, mutual obligations of the parties, their performance, discharge and consequences of breach thereof. And lex loci protectionis governs non-contractual aspects such as existence, validity and protection of the right to the trade mark itself. Sometimes it is difficult to label certain issues, like the licensee’s allowed continued use of the mark after the termination of the license, as contractual or non-contractual. The article offers comprehensive analysis of all these questions on the basis of the most recent legislation, court practice and doctrines, both Russian and foreign.
Dissertations / Theses on the topic "Foreign trade regulation – Law and legislation"
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Allen, Sara-Ruth. "International trade rules: a case of imperialism at work?" University of the Western Cape, 2005. http://etd.uwc.ac.za/index.php?module=etd&.
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This study explored whether there is an inherent inequitable nature of the liberalization process with respect to the World Trade Organization Agreements, namely TRIMs (Trade-related Investment Measures), TRIPS (Agreement on Trade-Related Aspects of Intellectual Property Rights) and the Agreement on Agriculture.
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Bidie, Simphiwe Sincere. "The obligation of non-discrimination under the General Agreement on Trade in Services (GATS) and the agreement on Trade-related aspects of Intellectual Property Rights (TRIPS): a developmental perspective." Thesis, University of Fort Hare, 2011. http://hdl.handle.net/10353/338.
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The non-discrimination obligation has existed since the twelfth century. It has been practiced since then, changing from a conditional to unconditional form with the passage of time. It became firmly applied unconditionally at the multilateral level in 1947 after the formation of the GATT trading system upon which several countries based their trading relations. In 1995 when the WTO was formed, the underlying principles of the GATT 1947 became part of the WTO trading system, including the non-discrimination obligation. When countries join the WTO they automatically become subject to the non-discrimination obligation. The ever increasing value of services and trade in the value of intellectual property has necessitated a look at the fundamental principles of world trade that countries have to adhere to in their trade relations. Incidentally, countries are not at the same level economically, hence one of the purposes of the WTO is to facilitate development in developing countries. Accordingly, this requires different application and/or interpretation of these fundamental principles in different situations, depending on the development level of each Member country. Amongst the five principles that underlie the international trading system, the non-discrimination principle is the focus of this study. The sustainability of the entire economic relations between WTO Member countries is dependent upon their fair compliance with this obligation. The obligation is found in Articles II and XVII of the GATS and Articles 3 and 4 of the TRIPS. The Membership of the WTO is made up of developed and developing countries. As a result of the fundamental nature of the obligation it is imperative that the scope and interpretation of this obligation, as developed by WTO adjudicating bodies, be analysed to determine if the obligation’s application and/or interpretation satisfies the above fundamental object and purpose of the multilateral system of trade. The intention here is at all times to show the importance that the non-discrimination obligation carries in international economic and legal interactions and how non-observance of this obligation would negatively affect relations between Member countries of the WTO.
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Cordonier, Segger Marie-Claire. "Sustainable development in international trade law : integrating economic and social development and environmental protection in emerging trade regimes." Thesis, University of Oxford, 2013. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.669870.
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Zheng, Linlin, and 鄭霖霖. "Transitional product-specific safeguard mechanism in the WTO legal framework: an analysis of its terms andapplication." Thesis, The University of Hong Kong (Pokfulam, Hong Kong), 2008. http://hub.hku.hk/bib/B41290501.
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Magezi, Tom Samuel. "The WTO dispute settlement system and African countries :a prolonged slumber?" Thesis, University of the Western Cape, 2005. http://etd.uwc.ac.za/index.php?module=etd&.
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This thesis seeks to investigate the lack of participation by African countries in the WTO Dispute Settlement System by first providing an overview of the Dispute Settlement Understanding (DSU) system and, secondly by explaining the reasons that forestall the participation of African countries.
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Chimeri, Vongai. "The WTO agreement on technical barriers to trade : a critical appraisal of its implementation within the Southern African Development Community." Thesis, University of Fort Hare, 2017. http://hdl.handle.net/10353/2855.
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The World Trade Organisation Agreement on Technical Barriers to Trade (TBT Agreement) was crafted with the aim of ensuring that technical regulations, standards and conformity assessment procedure do not constitute unnecessary obstacles to international trade. Southern African Development Community (SADC) countries have since ratified this Agreement and took a step further to incorporate its principles into the Technical Barriers to Trade Annex to the SADC Protocol on Trade. Despite this effort, SADC countries are still grappling with implementing the TBT Agreement in their domestic frameworks. Consequently, technical barriers to trade have become impediments to both regional and international trade. It is in this context that this study aims to examine the implementation of the TBT Agreement within the SADC. The study answers the question what are the challenges facing SADC Member states to fully implement the TBT Agreement? The study demonstrates that SADC Member face challenges which include of lack adequate resources, technical expertise and enforcement mechanisms to effectively implement the TBT Agreement. In the finality, the study recommends SADC Member states to deepen regional integration in order to collaborate on matters relating to technical barriers to trade within the region. Member states should also share information and learn from the experiences of other countries on how to effectively implement the TBT Agreement. Further, government officials should be educated on trade-friendly regulations that do not compromise on the principles of the TBT Agreement. To this end, regulatory impact assessments should be established in order to assess the trade effects of both new and old regulations. Effective enforcement mechanisms should also be introduced in order to coerce Member states to comply with their regional obligations. By effecting these recommendations, SADC states have the opportunity to eradicate technical barriers to trade thereby increasing both regional and international trade.
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Kimura, Keiki 1955. "An analysis of the Japanese voluntary export restraint upon automobiles to the U. S. and Canada : an investigation of its impacts upon international, bilateral and domestic legal frameworks for safeguard measures." Thesis, McGill University, 1985. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=65419.
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Shen, Xin. "Legal issues relating to subsidies and countervailing measures with a specific reference to non-market economies and the case of China." Thesis, University of Macau, 2009. http://umaclib3.umac.mo/record=b2132684.
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Philipp, Julia. "The Criminalisation of Trading in Influence in International Anti-Corruption Laws." Thesis, University of the Western Cape, 2009. http://etd.uwc.ac.za/index.php?module=etd&action=viewtitle&id=gen8Srv25Nme4_3574_1282236062.
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Despite being mentioned in most international anti-corruption instruments, trading in influence appears only rarely in the spotlight of legal practice and literature. This paper aims to shed some light on the issue. The main objective is to highlight the different forms of trading in influence stipulated in various international agreements and national laws in order to draw a comprehensive picture of this offence. Furthermore, by identifying and critically appraising the core issues connected with trading in influence, this paper aims to provide recommendations which may be of use to states obliged to implement or to consider implementing this offence.
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Chigavazira, Farai. "The regulation of agricultural subsidies in the World Trade Organization framework : a developing country perspective." Thesis, University of Fort Hare, 2015. http://hdl.handle.net/10353/1874.
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The Agreement on Agriculture (AoA) was adopted to eliminate the illegitimate use of tradedistorting agricultural subsidies and thereby reduce and avoid the negative effects subsidies have on global agricultural trade. However, the AoA has been fashioned in a way that is enabling developed countries to continue high levels of protectionism through subsidization, whilst many developing countries are facing severe and often damaging competition from imports artificially cheapened through subsidies. The regulation of subsidies in the World Trade Organisation (WTO) has been a highly sensitive issue. This is mainly due to the fear of compromising food security especially by developed countries. Developing countries have suffered negatively from the subsidy programmes of developed countries who continue to subsidize their agricultural sector. This position of the developing countries in the global trade system which has been described as weak, has drawn criticism that the WTO as it currently operates does not protect the interests of the weak developing nations, but rather strengthens the interests of the strong developed nations. The green box provisions which are specifically designed to regulate payments that are considered trade neutral or minimally trade distorting has grossly been manipulated by developed countries at the mercy of the AoA. Developed countries continue to provide trade distorting subsidies under the guise of green box support. This is defeating the aims and objectives of the AoA. The study examines the regulation of WTO agricultural subsidies from the developing countries’ belvedere. It looks at the problems WTO member states face with trade distorting subsidies, but focuses more on the impact these have on developing states. It scrutinizes the AoA’s provisions regulating subsidies with a view to identify any loopholes or shortcomings which undermine the interests and aspirations of developing countries. This is behind the background that some of the provisions of the AoA are lenient towards the needs of developed countries at the expense of developing countries.
Books on the topic "Foreign trade regulation – Law and legislation"
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Republic, Czech. Foreign trade legislation. Prague: Trade Links, 1998.
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A, Cass Ronald, and Knoll Michael S, eds. International trade law. Aldershot, Hants, England: Ashgate/Dartmouth, 2003.
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T, Rossides Eugene, ed. U.S. import trade regulation. Washington, D.C: BNA Books, 1986.
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Raworth, Philip Marc. Foreign trade law of the European Union. New York: Oceana Publications, 1995.
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US GOVERNMENT. Trade legislation enacted into public law, 1981 through 1988. Washington: U.S. G.P.O., 1989.
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United States. Congress. House. Committee on Ways and Means. Subcommittee on Trade., ed. Written comments on technical corrections to recent trade legislation. Washington: U.S. G.P.O., 1995.
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Bettina, Volpi, ed. EU trade barrier regulation: Tackling unfair foreign trade practices. Bembridge, Isle of Wight: Palladian Law Pub., 2000.
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1961-, Wolff Lutz-Christian, Zhang Xianchu, and CCH Asia Pte Limited, eds. China master business law guide: Legislation. Hong Kong: CCH Asia Pte Limited, 2009.
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Regulatory measures and foreign trade. Huntington, N.Y: Juris, 2013.
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United States. Congress. House. Committee on Ways and Means. Trade legislation enacted into public law, 1981 through 1988. Washington: U.S. G.P.O., 1989.
Find full textBook chapters on the topic "Foreign trade regulation – Law and legislation"
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Chaisse, Julien. "The Regulation of Trade-Distorting Restrictions in Foreign Investment Law." In European Yearbook of International Economic Law (EYIEL), Vol. 3 (2012), 159–87. Berlin, Heidelberg: Springer Berlin Heidelberg, 2011. http://dx.doi.org/10.1007/978-3-642-23309-8_5.
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Lorgat, Aisha. "“No, We Are Not Fighting Against Foreign Workers and We’ll Never Fight Against Foreign Workers”: Trade Unions and Migrant Rights." In IMISCOE Research Series, 247–60. Cham: Springer International Publishing, 2022. http://dx.doi.org/10.1007/978-3-030-92114-9_17.
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AbstractInternational human rights instruments do not explicitly include protection of undocumented migrants, but arguments for their inclusion are made on both normative and pragmatic basis. These denizens are often prevented from accessing rights de facto due to social practices, even when they are accorded de jure rights through legislation. As a result, the overwhelming majority of migrants are faced with limited options, have little voice, and have to make a living among and as part of the precariat. After 1994, South Africa was increasingly seen as a favourable destination for migrants seeking asylum and/or economic opportunities. Migrants are perceived as serving as a reserve of labour that is highly flexible, easily exploited, and unlikely to seek legal recourse for violations of labour law or to join a trade union. This labour market effect is particularly apparent and problematic in host countries with pre-existing high unemployment rates. As official workers representatives trade unions have a major role to play in recognising and mitigating the dangers inherent in dividing workers into citizens and denizens. Trade unions themselves though are in decline, with union density rates falling largely as a result of increasing use of non-standard employment arrangements by employers. Trade unions find it extremely difficult to access and organise these atypical workers, many of whom are migrants. The research for this chapter considered official union publications as well as interviews with trade union officials in the construction sector in Cape Town to assess trade unions responsiveness to migrant rights claims. Migrants are generally located in the periphery due to their more vulnerable status, and this position in the labour market renders their claims to rights and the role of trade unions in supporting these claims more difficult but equally necessary.
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Čada, Karel, and Karina Hoření. "Governing Through Rituals: Regulatory Ritualism in Czech Migration and Integration Policy." In IMISCOE Research Series, 115–34. Cham: Springer International Publishing, 2021. http://dx.doi.org/10.1007/978-3-030-67284-3_6.
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AbstractThe Czech Republic has become the target of immigration over only the last three decades; currently, migrants compose 4.5% of the population. Governments in the previous decade have supported the vision of short-term labour migration, and foreigners face many administrative obstacles given the difficult legislation. We employ the concept of regulatory ritualism to grasp the distinctive features of the Czech system. Following Power (The audit society. Oxford University Press, Oxford, 1997) and Braithwaite (Regulatory capitalism: how it works, ideas for making it work better. Edward Elgar, Cheltenham/Northampton, 2008), we see regulation as a ritualised practice that comforts the public and cements the dominant normative order of migration policy. In this chapter, we introduce the historical and political context of migration policy, its institutional design, the Act on Residence of Foreign Nationals in the Czech Republic, the position of foreigners in Czech labour law, Czech integration policy and the consequences of recent institutional design for migrants. The main barriers of integration are difficult administration, poor knowledge of the language and precarious working conditions. Regulatory ritualism, a result of chaotic and unsystematic legislative work, is characterized by losing focus on achieving the goals or outcomes themselves, it establishes a climate of mutual distrust among those actors involved and places obstacles to collaboration between public authorities and migrants themselves.
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"Regulation of Foreign Trade Transactions." In Introduction to Business Law in Russia, 299–328. Routledge, 2016. http://dx.doi.org/10.4324/9781315589688-11.
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Nelson, Enonchong. "Part I Legal and Practical Challenges to Traditional Trade Finance, 7 Letters of Credit and Stop Payment Orders Made in the Issuer’s Country." In Trade Finance. Oxford University Press, 2021. http://dx.doi.org/10.1093/law/9780198854470.003.0007.
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This chapter offers a critical examination of the significant, but largely unexplored, question whether, and to what extent, a foreign order restraining the issuing bank from making payment under a letter of credit can afford the issuing bank a good defence to a claim in a court outside that bank’s home jurisdiction. At common law, in England as well as in other jurisdictions, such as Hong Kong, Singapore and the US, such orders have only limited effect in the forum. This chapter argues that the approach of the English courts to article 4 of the Rome Convention of 19 June 1980 on the law applicable to contractual obligations meant that such orders could defeat a claim against the issuing bank in England only in very narrow circumstances. It goes on to examine the extent to which the changes introduced in article 4 of the Rome I Regulation of 17 June 2008 on the law applicable to contractual obligations have altered the position under English law, so that stop payment orders made in the issuer’s home jurisdiction may now have a much wider reach in England. The chapter contends that notwithstanding the amendments to article 4, in the specific context of letters of credit, the approach of the English courts under the Rome I Regulation is likely to be broadly similar to that under the Rome Convention. The Rome I Regulation has not (even unintentionally) opened the door to stop payment orders made in the issuer’s home jurisdiction.
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Mahoney, Ewing. "Purging the Trade Unions." In MI5, the Cold War, and the Rule of Law, 343–73. Oxford University Press, 2020. http://dx.doi.org/10.1093/oso/9780198818625.003.0012.
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This chapter looks at government attempts to ban trade unions, considering the steps that were taken in lieu of an outright ban on trade union membership. Consistently with other measures taken at the time under the cover of security, government intervention to deal with the alleged menace of Communist infiltration of the civil service trade unions did not take the form of legislation. The legal position reflected both the lack of legal regulation of industrial relations generally and the lack of legal regulation of public-sector employment in particular. In practice, governments rarely needed to reveal or justify the legal foundations for their actions. The benefit for government is that although security policies might well be announced and made public, there would be little accountability thereafter if operated unobtrusively.
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Anatolyevich, Tsindeliani Imeda. "The System of Financial Regulation." In European Financial Law in Times of Crisis of the European Union, 27–37. Ludovika Egyetemi Kiadó, 2019. http://dx.doi.org/10.36250/00749.02.
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The article is devoted to the ana lysis of the lega l nature of cr yptocurrenc y as an object of financial and legal regulation from the point of view of the Russian legislation. The analysis of the qualification of cryptocurrency is described as money, electronic money, foreign currency, other property, as well as the possibility of assigning crypto-loans to obligations rights. The conclusion is made about the possibility of treating cryptocurrency as private money on a par with national currencies.
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Kur, Annette, and Martin Senftleben. "Limitations, Defences, and Genuine Use." In European Trade Mark Law. Oxford University Press, 2017. http://dx.doi.org/10.1093/oso/9780199680443.003.0008.
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As with other intellectual property rights, the exclusive rights of the trade mark proprietor are limited in several respects. At the international level, Article 17 TRIPS offers room for the adoption of ‘limited exceptions’ in domestic legislation (see paragraphs 2.68–2.72). On this basis, Article 14 of the Trade Mark Directive (TMD) and Article 12 of the European Trade Mark Regulation (EUTMR) provide a tool for reconciling the interests of the trade mark owner with competing interests of other traders and the public at large. As explained by the Court of Justice of the European Union (CJEU), these provisions, by limiting the effects of the exclusive rights of the trade mark owner, seek ‘to reconcile the fundamental interests of trade mark protection with those of free movement of goods and freedom to provide services in the common market in such a way that trade mark rights are able to fulfil their essential role in the system of undistorted competition which the Treaty seeks to establish and maintain’.
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Ahn, Tae-Yong. "Regulation of Unfair Terms under Korean Law." In Contents of Contracts and Unfair Terms, 224–41. Oxford University Press, 2020. http://dx.doi.org/10.1093/oso/9780198850427.003.0011.
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This chapter examines how Korean contract law deals with extremely one-sided, onerous, or otherwise unfair terms, such as exclusions or limitations of liability, penalty clauses, or restraint of trade clauses. It discusses the overt judicial control of such terms under specific legislation, sometimes targeted exclusively at standard terms or consumer contracts. It also analyses how the Korean courts have exercised a more indirect control by employing traditional general contract law doctrines, such as public policy, good faith, interpretation, or the rules on procedural fairness, in order to protect parties against the imposition of unfair terms. A number of hypothetical clauses are analysed to illustrate how Korean courts regulate unfair contract terms in practice.
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Chryssa, Papathanassiou. "Part I Introduction, 3 A Systemic Assessment of the Financial Market Infrastructures Landscape: FMI Groups and their Implications." In Financial Market Infrastructures: Law and Regulation. Oxford University Press, 2021. http://dx.doi.org/10.1093/law/9780198865858.003.0003.
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This chapter assesses the systemic relevance of financial market infrastructure (FMI) groups. It takes a closer look at the different organisational models of FMI groups and the resulting risks, and examines how these risks have been addressed in recent international standards and legislation within the US and the EU. International standard-setting bodies, such as the Committee on Payments and Market Infrastructures (CPMI) in cooperation with the International Organization of Securities Commissions (IOSCO), have long acknowledged the importance of FMIs as being at the 'core' of the global financial system. While a number of large and interconnected financial firms have failed in a spectacular manner during the recent financial crisis, no central counterparty (CCP) or any other systemically important FMI has failed despite the significant stress experienced. Following calls by the G-20 after the financial crisis, trade repositories (TRs) and CCPs have extended their services to the over-the-counter (OTC) derivatives market providing powerful risk mitigation. The chapter then turns to the treatment of FMI operators with a banking licence and their treatment in the European regulatory framework for credit institutions. Risk-sensitivity and proportionality of regulatory requirements are identified as key challenges for the application of bank capital and organisational requirements to providers of FMI.
Conference papers on the topic "Foreign trade regulation – Law and legislation"
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Kukharenko, Vladislav, and Roman Fedorov. "LEGAL REGULATION OF THE MONOPOLY OF FOREIGN TRADE IN THE FIRST YEARS OF SOVIET regime." In Current problems of jurisprudence. ru: Publishing Center RIOR, 2021. http://dx.doi.org/10.29039/02058-6/212-217.
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The historical aspect of the monopoly of foreign trade allows us to see the development of legislation on monopoly, since the beginning of the XX century. The article, through a detailed analysis of the draft laws of that time, defines the essence of monopolies as a legal institution. These aspects lead to the need to study the legislation on the monopoly of foreign trade, in order to make amendments and improve the current legislation.
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Golubeva, Elizaveta Alekseevna. "COMPARATIVE-LEGAL ASPECTS OF THE REGULATION OF CRIMINAL LIABILITY FOR CRIMES COMMITTED BY A SPECIAL SUBJECT IN THE CRIMINAL LAW OF RUSSIA AND FOREIGN COUNTRIES." In International Scientific and Practical Conference. TSNS Interaktiv Plus, 2022. http://dx.doi.org/10.21661/r-557315.
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This article is devoted to the comparative-legal research of crimes committed by a special subject, the responsibility for which is provided for in the criminal law of Russia and other foreign countries. For the correct qualification of the crime, the special characteristics of the subject are important, since the persons who possess them bear increased responsibility. In the course of the research, the author reveals similarities and differences in the insight by legislators of foreign countries of a special subject of crime, in compare with the criminal legislation of Russia, and also suggests using the experience of foreign countries to improve Russian legislation in the criminal sphere.
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Vlasov, Dmitry. "SYNERGY OF THE BUSINESS COMMUNITY ELECTRONIC PLATFORM FOR INTERNATIONAL ECONOMIC ACTIVITY PARTICIPANTS AND UNIFIED AUTOMATED INFORMATION SYSTEM OF CUSTOMS SERVICES (UAIS) AS A BREAKTHROUGH TECHNOLOGY FOR RUSSIAN TRANSIT POTENTIAL GROWING AND STRENGTHENING COOPERATION IN THE INTERNATIONAL MARKET." In Globalistics-2020: Global issues and the future of humankind. Interregional Social Organization for Assistance of Studying and Promotion the Scientific Heritage of N.D. Kondratieff / ISOASPSH of N.D. Kondratieff, 2020. http://dx.doi.org/10.46865/978-5-901640-33-3-2020-128-138.
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The implementation of communication identification tools in form of comprehensive triple toolkit as part of the “transparent international transport green corridor” will significantly simplify and accelerate the rate of passage and movement for transit foreign trade cargo flows. It will help law-abiding business community as foreign trade participants to follow the customs legislation within the customs territory of the EAEU, as well as to follow the level and quality of customs control at border checkpoints and within the route of goods along the entire transport corridor. The innovations will provide a huge regional infrastructure and socio-economic stability of regions, districts and settlements, thus it will lead to the stable employment of Russia and other EAEU citizens, as well as other world country-partners that take part in the “transparent international transport green corridor”.
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Göktepe, Hülya. "Unfair Competition in Imports and Anti-damping Practices in Turkey." In International Conference on Eurasian Economies. Eurasian Economists Association, 2015. http://dx.doi.org/10.36880/c06.01219.
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Unfair competition in imports is done by dumping or subsidy. According to the Turkish legislation dumping; export price of a product to Turkey being less than the normal value for the like product, subsidy; a direct or indirect financial contribution by the country of origin or export, which confers a benefit or any form of income or price support within the meaning of Article XVI of GATT 1994. In the case of unfair competition in imports, General Directorate of Imports applies trade defence instruments (antidumping, antisubsidy, safeguard measures) in compliance with WTO rules and national legislation, and follows up the enforcement of those measures.
The purpose in this study is to contribute to Turkish literature related to damping and subsidy. In this study, national and international regulation on antidumping will be given. It will be explained antidumping practices in Turkey. Dumping investigations will be presented. The data from Ministry of Economy and foreign trade data will be used. This study is a descriptive study.
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Efremova, Irina, Elena Koloyartseva, Egor Maslov, Yana Malinina, and Anastasia Shuvalova. "Extremism and terrorism: problems of legislative definition and criminal law countermeasures." In East – West: Practical Approaches to Countering Terrorism and Preventing Violent Extremism. Dela Press Publishing House, 2022. http://dx.doi.org/10.56199/dpcshssfmtm1665.
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The world community is undergoing significant changes. Along with positive development processes, there are also negative ones – extremism and terrorism. A comprehensive analysis of extremism and terrorism will make it possible to identify the problems of their legislative definition, legal regulation, criminal law counteraction and develop proposals for improvement of the current domestic legislation in this part. The research methodology is represented by the dialectical method, general scientific (logical, analysis, synthesis, systemic) and private scientific (formal legal) methods. Results of the study: it is proposed to define at the legislative level the terminology of the concepts of “extremism” and “extremist activity”, to make a legislative distinction and formalize their legal definition, as well as the legal definition of crimes of a terrorist nature (the latter should be defined in the footnote to Article 2054 of the Criminal Code of the Russian Federation, indicating the list specific criminal encroachments, adding this definition to the resolution of the Plenum of the Supreme Court of the Russian Federation dated July 28, 2011 No. 11); to separate the term “terrorism” from the term “extremist activity”. Conclusions: to distinguish the concept of extremism from extremist activity by amending specific regulatory legal acts and by-laws, to Formulate the concept of “extremism”, “crimes of a terrorist nature”. The novelty of the study is due to the non-trivial approach of the authors, which combines the innovations of domestic and foreign criminal law doctrine into a single complex to achieve the goal.
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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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Topaloğlu, Mustafa. "Establishment of a Company and Share Acquisitions in Turkey by Foreigner Investors." In International Conference on Eurasian Economies. Eurasian Economists Association, 2019. http://dx.doi.org/10.36880/c11.02230.
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Relating to the establishment and acquisition of a company in Turkey by foreign investors, Foreign Direct Investments Law No.4875, FDI has entered into force on 17.06.2003. FDI formed a notification-based system rather than an approval-based system for foreigners to establish a new company and to take over company shares. Accordingly, company information regarding foreign investors will be notified to the General Directorate of Incentive Implementation and Foreign Capital via “Electronic Incentive Implementation and Foreign Capital Information System”. Foreign investment means establishment of a new company by a foreign investor or share acquisitions of an existing company, any percentage of shares acquired outside the stock exchange or 10 percentage or more of the shares/voting power of a company acquired through the stock exchange, by means of the following economic assets: assets acquired from abroad by the foreign investor which are capital in cash in the form of convertible currency bought and sold by the Central Bank of the Republic of Turkey, stocks and bonds of foreign companies excluding government bonds, machinery and equipment, industrial and intellectual property rights; or assets acquired from Turkey by foreign investor which are reinvested earnings, revenues, financial claims, or any other investment-related rights of financial value, rights for the exploration and extraction of natural resources. According to Article 4 of the Regulation for Implementation of Foreign Direct Investment Law, the Ministry of Economy shall provide information on the companies within the scope of foreign direct investments from Trade Registry Offices and related public institutions and organizations.
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Nikač, Željko, and Branko Lestanin. "PRAVNA REGULATIVA DETEKTIVSKIH POSLOVA KAO VIDA USLUŽNIH DELATNOSTI U REPULICI SRBIJI." In XVIII Majsko savetovanje. University of Kragujevac, Faculty of Law, 2022. http://dx.doi.org/10.46793/xviiimajsko.929n.
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The paper discusses the legal status of private detective work in the Republic of Serbia, especially after the adoption of the major Law on Detective Activity, as well as the adoption of bylaws for the implementation of this regulation. The introduction to the paper, in the function of the topic, briefly points to private security as a subsystem of the security system and, in this regard, to private detective work as an integral part. The development of private detective activity and private security was accompanied by social, political, economic and other changes in our country after the disintegration of the former SFRY and the independence of Serbia. In the central part, the legislative framework of private detective activity in our country is presented, important solutions in the function of providing services in the community are pointed out and a critical review of the application of regulations in practice is given. Solutions in terms of organization, work, authority and control of legality in the work of private detectives were analyzed. A good legal framework and sustainable solutions are important because of our country's application for EU membership. The conclusion points to the need to harmonize the national legislation of Serbia with EU law, accept good foreign and develop domestic practice, as well as strengthen the mechanisms of control and supervision of the work of private detectives in the function of the rule of law.
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Bodul, Dejan, and Ivo Matić. "POSTUPAK IZVANREDNE UPRAVE: INSOLVENCIJSKI MODEL KAO „TALAC“ KRIZE." In XV Majsko savetovanje: Sloboda pružanja usluga i pravna sigurnost. University of Kragujevac, Faculty of Law, 2019. http://dx.doi.org/10.46793/xvmajsko.477b.
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The global crisis in recent years has resulted in an inconsistent economic policy of EU member states that ranged from the policy of proclaimed liberalism to the policy of ad hoc interventionism. It is the result of a mismatch between the capacity of the nation state and its existing obligations towards its citizens. Doctrinal analyses state that, therefore, states are trying to fulfil their expected function by implementing insolvency regulations aimed at rescuing infrastructure "losers" from liquidation bankruptcy while retaining those entities that are the backbone of national development policy. In this regard, this paper intends to analyse the model of Extraordinary Management Procedure defined by the Law on the Executive Administration Procedure in Companies of Systemic Importance for the Republic of Croatia. Due to the controversy that exists on the doctrinal plan related to the implementation as well as the application of the aforementioned regulations, a lot of questions have been opened, and there is no clear answer. However, it seems useful to try to detect some problems of positive regulation and offer possible solutions to the protection of creditors and debtors during the following systemic crises. For comparison and possible suggestions de lege ferenda for the Serbian legislator, these experiences are potentially important because a reform of the regulations (and even insolvency regulation) is underway, primarily by the process of harmonization of Serbian regulations with EU regulations. The complexity of the subject of research and the set tasks were conditioned by the choice of methods, so the methodology used in the research included the study of domestic and foreign literature, relevant legislation, as well as the analysis of domestic and foreign court practices. We certainly consider it important to point out that the space that we have here does not allow us for a detailed breakdown of this issue, so we are forced to limit ourselves, in the author's opinion, to some aspects of the new bankruptcy regulations.
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Miryasova, Lyudmila I., Shi Yongxing, Natalia N. Muravyeva, and Olga V. Dymchenko. "Realisation of the Russian customs policy in the conditions of protection of the national market." In Sustainable and Innovative Development in the Global Digital Age. Dela Press Publishing House, 2022. http://dx.doi.org/10.56199/dpcsebm.yghb1113.
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The need to protect the national commodity producers and internal markets in general is well recognised in modern foreign trade policy worldwide. The goal of the research is to review the Russia’s customs policy aimed at protection of the internal market; to give consideration to the totality of measures used for protection of the national producers; to identify the shortcomings of the adopted protection tools, the problems faced in their adoption and use; to suggest certain directions for further improvement of the Russian Federation customs policy in the sphere of protection of the internal market. The methods involving analysis and synthesis were used to meet the objectives of the study. Its efficiency as a protective measure was thoroughly investigated, as well as the timeliness of its application, the potential for neutralisation of negative effects of external companies; compliance with the Russian legislation and the regulatory framework of the World Trade Organisation (WTO) and the Eurasian Economic Union (EAEU). The decision-making mechanisms for introduction of protective measures in the EAEU were investigated as well as the attitude towards the relevant instruments of the member states’ governments. The following results were obtained in the course of the study: the key importance of the Russian customs service in implementing the state policy towards protection of interests of the internal market was unequivocally confirmed; the measures to protect the national market were classified, with demonstration of their importance and shortcomings; the difficulties in the work of EAEU’s supranational bodies related to the protection of the common economic market were identified; the most important vectors of further improvement of the customs regulation and customs administration, as concerns enforcement of measures towards protecting the Russian Federation domestic market, were identified.
Reports on the topic "Foreign trade regulation – Law and legislation"
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Шпинев, Ю. С. Давид Рикардо об инвестициях. DOI CODE, 2020. http://dx.doi.org/10.18411/1311-1972-2020-00024.
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The article examines the views of one of the founders of classical economics, David Ricardo, on the issues of investment, capital and profit. The need for this study is caused by the lack of a single definition of investment in the regulatory acts of investment legislation, as well as in the scientific community. Thus, there is a problem of regulatory regulation of one of the most important concepts of the economy. Given that the concepts of investment, capital, and capital investment are primarily economic categories, it seems quite reasonable to consider the emergence and development of these concepts in the retrospect of economic theories, in order to understand the essence of the phenomenon and finally solve the issue of its legal regulation. The scientific novelty of the study is that despite a large number of works on the work of David Ricardo «The Beginnings of Political Economy and Taxation», no special work was carried out on the contribution of the great economist to the theory of investment. Conclusions. The main achievements of Ricardo in the field of capital and investment include the author's definitions of capital, free capital, the creation of a theory of comparative advantages of trade, the division of capital into fixed and circulating capital depending on strength, as well as the description of the reasons that stimulate and hinder foreign investment.