Littérature scientifique sur le sujet « International economic relations – Law and legislation »
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Articles de revues sur le sujet "International economic relations – Law and legislation"
1
Lapshin, Valery, and Nadezhda Kuznetsova. "Implementation of the law of the Eurasian Economic Union in national criminal law." E3S Web of Conferences 135 (2019): 04065. http://dx.doi.org/10.1051/e3sconf/201913504065.
Texte intégralRésumé :
Currently, one can observe the process of active economic integration and cooperation, in the post-Soviet space. This is possible due to mutual economic and political interests, ensuring the protection of the interests of national producers, and obtaining competitive advantages of domestic goods in comparison with similar products of Western European and Asian manufacturers. The solution to all these problems is facilitated by the creation of a single international organization of the post-Soviet space the Eurasian Economic Union (EAEU), the territory of its member states already constitutes a single customs space. Activities of the EAEU are associated with the adoption of a significant number of regulatory international legal acts. Implementation of these acts will be satisfactory only if the EAEU member states properly implement it in the national legislation. At present, several types of implementation of international law provisions in the national legislation of a particular country are distinguished in legislative activity: reception, transformation, referral, incorporation, ratification. Law enforcement practice also deserves special attention, including decisions of international courts binding in a single state. As a result of the study, the most preferred forms of implementation of the EAEU regulatory acts into the national law systems of its participants: Armenia, Belarus, Kazakhstan, Kyrgyzstan and Russia, were established. In addition, it was concluded that it is necessary to unify provisions of the criminal law of the listed states in terms of establishing liability for customs offenses. This decision will positively affect protection of both the interests of individual participants in economic relations and the economic security of each union state.
2
Bevz, Svitlana. "HARMONIZATION OF ADMINISTRATIVE AND LEGAL REGULATION OF STATE GOVERNANCE OF ECONOMIC ACTIVITY IN UKRAINE: SOME LANDMARKS." Administrative law and process, no. 2 (29) (2020): 44–57. http://dx.doi.org/10.17721/2227-796x.2020.2.04.
Texte intégralRésumé :
The aim of this article is to consider the impact of international law and European Union law on legislation of Ukraine in general and on the state governance of economic field in particular. The methods of formal logic are used: analysis, synthesis, induction, deduction, generalization. The author analyzes the notion of “international act” and “international treaty” and determines what acts impact to national legislation; synthesizes and generalizes her own vision of the degree of influence of acts of international law on the legislation of Ukraine. Elements of Europeanization of administrative and legal regulation of state governance of economic field is delimited deductively. Conclusions are drawn about the need to change the content of state governance functions in economic field with applying induction. Results and conclusions. The author draws attention to the different status of international acts and international treaties. The Ukrainian state implements the European integration policy and development of its legislation, the systems of state agencies are influenced not only by treaties and acts that have been ratified, but also by those not ratified by the Verkhovna Rada, though approximation to which is being implemented. It is emphasized that the legal personality implemented by the state shall define the enforceable international acts. The analysis of international acts developed by non-governmental organizations (UNIDROIT, UNCITRAL, etc.) suggests that they are mostly of a private law nature and may become a source of regulation in state – business entity relations at the micro level, i.e. those relations in which the state exercises its economic competence by acting as the owner of the property. At the same time, the regulatory framework of state governance of economic activity at the macro level is influenced by international treaties, in which Ukraine participates as authority. International treaties governing state legal relations also contain rules governing certain private legal relationships (trade agreements, double tax agreements, legal aid agreements). The article also highlights one of the trends in the development of administrative law in many European countries, including Ukraine, i.e. the Europeanization of administrative law. The elements of Europeanization of administrative and legal regulation of state governance of economic activity are determined.
3
Aylmerton, Oliver. "Judicial Legislation." Leiden Journal of International Law 2, no. 1 (1989): 3–18. http://dx.doi.org/10.1017/s0922156500001047.
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The author describes the main characteristics of the English judicial system and its methodology. A central topic is the so-called judicial legislation, as is illustrated by the developing case lawwith respect to the tort of negligence. The method has the twin advantages of flexibility and pragmatism and it also has the advantages of speed. But there is a minus side also. First, the development of the law in this way can only be achieved at the expense of certainty. Secondly, it involves the alteration of the law, sometimes a quite radical alteration, without any extensive consideration of the practical and economic results such as would take place in the course of parliamentary scrutiny and debate. Judges are not the elected representatives of the people and the methodology of English Judges which results in the development and alteration of the law without the benefit of parliamentary debate may not perhaps be altogether a satisfactory democratic process to a constitutional purist.
4
Chuguevskaya, E. V. "Development of International Investment Law within the Framework of the Eurasian Economic Union." EURASIAN INTEGRATION: economics, law, politics 15, no. 3 (2021): 77–81. http://dx.doi.org/10.22394/2073-2929-2021-03-77-81.
Texte intégralRésumé :
At the present stage of development of international investment relations, national legislation is not able to fully ensure the regulation of international investment relations, single-handedly create the conditions necessary for the free movement of capital, and adequately ensure that the rights and interests of foreign investors are respected. Free movement of capital requires similar principles, forms and methods of their legal regulation, which contributes to the creation of a single legal space. However, at the present stage of development of international law, the creation of a global and effective investment law is not possible. Regional cooperation between states is of particular importance in such conditions.
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Parkhomenko, Natalia. "The specifics of law-making under martial law." ACTUAL PROBLEMS OF THE LEGAL DEVELOPMENT IN THE CONDITIONS OF WAR AND THE POST-WAR RECONSTRUCTION OF THE STATE, no. 13 (October 2022): 28–33. http://dx.doi.org/10.33663/2524-017x-2022-13-4.
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The article describes the improvement of current legislation of Ukraine through introducing amendments and additions, along with enactment of a new law framework, regarding the need of organization of state machinery and legal order under martial law. The operation of state machinery, the interaction between the state and institutions of civil society, guaranteeing and protecting the rights, freedoms and legitimate interests of natural and legal person depend on the legislative compliance with the real social, political, economic and military challenges. In such circumstances, legal support of reform of political system of Ukraine under martial law is the primary objective for law-making actors in Ukraine. The problem mentioned didn’t receive a thorough research and monitoring. In general, law-making process under martial law has proceed in accordance with constitutionally defined organizational and legal basis, meanwhile having some specifics. Among these are: the improvement of legislation system was carried out mainly not through enactment of primary laws, but through introducing amendments and additions to the legislation in all legal fields; the legal acts of military command and military administration that received relevant authority to make laws, were disseminated; there was a revitalization of legislative development in the military sphere; certain provisions of current legislation continued to operate on the temporary occupied territories; the restrictions on certain rights and freedoms of citizens were introduced in accordance with provisions of Constitution of Ukraine etc. Due to the adoption of extraordinary legal acts, the legal arrangements for legal order and rule of law were created; public relations were stabilized. Key words: law-making, authority, emergency, directive, order, martial law, command, legislation.
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Spasybo, Valentine. "Genesis of legal regulation of airport services in Ukraine." Legal Ukraine, no. 12 (December 19, 2019): 6–16. http://dx.doi.org/10.37749/2308-9636-2019-12(204)-1.
Texte intégralRésumé :
The study of the genesis of legal regulation of relations in the provision of airport services allows us to draw the following conclusions. Airport services and their legislative regulation are directly related to air transportation services. With the expansion of the scope of these services, airport services also developed. These types of services began to take shape in the early ХХ century and rapidly developed with the creation of a network of airports around the world, including in Ukraine. At the same time, legislative regulation was formed as a set of rules governing transportation, then legislation on the provision of services joined it. It was established that civil legislation on airport activities historically supplemented the legislation on air transportation, the main purpose of which was to comply with air safety guarantees. A peculiarity of the civil legislation of Ukraine governing the activities of airport services is that its basic norms are not contained in the Civil Code of Ukraine, but in the norms of other legislative and by-laws, primarily in the Air Code and the Aviation Rules of Ukraine, as well as in the administrative, economic, tax, labor, environmental, land and other branches of law. However, the core of this set of norms is precisely the rules of civil law, which allows you to regulate these relationships using the principles and methods of civil law and at the same time take into account the links between the various branches of legislation as elements of the system. It is concluded that the legislation of Ukraine on the provision of airport services should be developed in the process of its unification with EU directives, standards and recommended practices of the International Civil Aviation Organization, due to the global processes of the impact of globalization on these relations and international obligations undertaken by Ukraine. Key words: legal regulation, civil law relations, civil law, airport service, Air Code of Ukraine, Aviation Rules of Ukraine.
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Blikhar, Mariia, Oleksii Ostapenko, Iryna Khomyshyn, Leonid Ostapenko, and Mariia Vinichuk. ""TRANSFORMATION" OF HIRED LABOR AS ONE OF THE CONDITIONS FOR REFORMING LABOR LEGISLATION OF UKRAINE: ECONOMIC AND LEGAL DIMENSION." Financial and credit activity problems of theory and practice 1, no. 48 (2023): 351–61. http://dx.doi.org/10.55643/fcaptp.1.48.2023.3969.
Texte intégralRésumé :
The purpose of the article is to study the theoretical and applied aspects and identify the problems of the "transformation" of hired labor, as one of the conditions for reforming the labor legislation of Ukraine, in the context of their economic and legal dimension. The labor relations that arise and function between an employee and an employer in Ukraine are regulated by the norms of labor law both of the Soviet period and from the time of the declaration of independence of Ukraine.The article emphasizes that starting from the 1990s and until now, the national labor legislation has problems that require: 1) legislative coverage and consolidation of the social purpose of labor law in the sphere of regulation of labor relations between an employee and an employer and their practical implementation; 2) correct clarification of the content of the behavior of the subjects of labor relations based on prohibitions, orders and permits that regulate certain aspects of labor activity; 3) reforming labor legislation in order to direct and bring it into line with the Constitution of Ukraine and generally defined principles and norms of international labor law; 4) the unity of the legal policy of the state in the field of labor of certain categories of employees; 5) creation of an effective legal mechanism to regulate the sphere of contractual relations, both individual and collective, taking into account the new social relations between employees and employers on the basis of social dialogue; 6) creation of an appropriate legal framework that would ensure the economic interest of employers in creating safe working conditions for employees; 7) legislative regulation of gender equality of the rights of men and women in the field of work in order to ensure equal opportunities related to remuneration for work results and social protection of employees; 8) new in the content approaches of legal regulation of legal responsibility for violations of labor legislation precisely because the norms of labor law are transformed from general formalized provisions into specific legal rights and obligations of subjects of labor relations.The article emphasizes that each person independently makes decisions about his own work and is personally responsible for his well-being. At the same time, labor legislation should be a high-quality and effective regulator of labor relations, which is the basis for meeting the material and social needs of the employee.
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Butler, William Elliott. "Proceeding on Cases with the Participation of Foreign Persons in International Procedure Law of Russia and Belarus (The end)." Gosudarstvo i pravo, no. 11 (2021): 123. http://dx.doi.org/10.31857/s102694520017460-7.
Texte intégralRésumé :
This article is dedicated to one of the most interesting aspects of International Procedural Law – litigation with the participation of foreign persons. Authors focused on a comparative analysis of Russian and Belarus legislation concerning the regulation of international procedural relations. Article includes two parts: the first one considers international jurisdiction of Russian arbitrazh courts and Belarus economic courts on commercial matters; the second one examines the recognition and enforcement of foreign judgments in commercial matters on the territory of Russia and Belarus. Authors deeply scrutinized a wide range of legal documents including domestic legislation, bilateral and multilateral international treaties of regional character in order to show the convergences and divergences in Russian and Belarus procedural law concerning participation of foreign persons in international commercial litigation
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Butler, William E. "Proceeding on Cases with the Participation of Foreign Persons in International Procedure Law of Russia and Belarus." Gosudarstvo i pravo, no. 10 (2021): 173. http://dx.doi.org/10.31857/s102694520017271-9.
Texte intégralRésumé :
This article is dedicated to one of the most interesting aspects of International Procedural Law – litigation with the participation of foreign persons. Authors focused on a comparative analysis of Russian and Belarus legislation concerning the regulation of international procedural relations. Article includes two parts: the first one considers international jurisdiction of Russian arbitrazh courts and Belarus economic courts on commercial matters; the second one examines the recognition and enforcement of foreign judgments in commercial matters on the territory of Russia and Belarus. Authors deeply scrutinized a wide range of legal documents including domestic legislation, bilateral and multilateral international treaties of regional character in order to show the convergences and divergences in Russian and Belarus procedural law concerning participation of foreign persons in international commercial litigation.
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Atnashev, V. R. "Legal Regulation of Marriage Relations with Foreign Citizens (on the Example of Vietnam)." EURASIAN INTEGRATION: economics, law, politics, no. 4 (December 24, 2022): 98–105. http://dx.doi.org/10.22394/2073-2929-2022-04-98-105.
Texte intégralRésumé :
The article discusses, first of all, some features of the Vietnamese legislation concerning marriages with foreign citizens and issues of citizenship. The problem of forced and fictitious marriages is also touched upon.Aim. Identification of specifics of the Vietnamese legislation on marriage and family and some topical problems in the field of mixed marriages.Tasks. Analysis of main provisions of the Law on Marriage and Family of Vietnam, the role of international treaties in this sphere, comparison of the situation with fictitious marriages in Vietnam and the Russian Federation.Methods. Comparative legal analysis of the norms of international private law in the field of marriage and family relations, description of the approaches of Vietnamese legislation to limping marriages and remission, as well as analysis of judicial practice in relation to fictitious marriages of Vietnamese citizens in the Russian Federation.Results. The Socialist Republic of Vietnam and the Russian Federation, representing different regions of the world and legal systems, have similar problems in the field of marriage and family relations involving foreign elements, which in Vietnam are exacerbated by social problems and weak protection of the rights of women and girls.Conclusion. The case of Vietnam demonstrates the conclusion of bilateral agreements and of universal conventions enhance eliminating the problem of conflict of law (limping marriages), while participation in international organizations improves the socio-economic situation of the population and develop mechanisms for protecting human rights in the field of marriage and family relations.
Thèses sur le sujet "International economic relations – Law and legislation"
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Okhomina, Grace Esohe. "The quest for a multilateral agreement on investment (MAI)." Thesis, University of the Western Cape, 2005. http://etd.uwc.ac.za/index.php?module=etd&.
Texte intégralRésumé :
The aim of this examination was to identify those evolving trends that are common to multilateral agreements some of which have been entered into by African developing countries, bearing in mind the debates and position of African developing countries. The study also aimed at examining the effects of these regulations on African countries especially with key provisions and the kinds of rights and obligations they confer on investors as well as the host country. As there is a need to create a balance between the interest of the host nation and the investor, the study also aimed at identifying if those evolving common trends can be used to establish a guideline for a standard bilateral investment treaty or on the other hand whether they can be used as a template for a multilateral agreement on investment.
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Marinov, Marin kandidat na i︠u︡ridicheskite nauki. "Foreign direct investment in Bulgaria, Czechoslovakia and Hungary : a comparative study of the current legislation." Thesis, McGill University, 1994. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=26212.
Texte intégralRésumé :
The author's goal is to illuminate the current business legislation in Central and Eastern Europe (CEE) through a comparison of three countries from the region, namely, Bulgaria, Czechoslovakia, and Hungary.<br>The present study is divided into four parts. The first part states the thesis itself, the goals, and the structure of the discussion.<br>The second part provides the basic premises of the analysis, with emphasis on the current data on foreign investment in the three countries.<br>The third part presents the core of the comparative study and deals with the following issues: basic foreign investment laws, including corporate laws, property rights of foreign persons, currency regimes. Among other important aspects, attention is paid to the following subjects: general treatment of FDI, foreign investment in corporate capital, branches of transnational corporations, forms of FDI, special procedures for banking and insurance, closed sectors for FDI, financing of investment, incentives of FDI, domestic and international guarantees for FDI etc. The set of criteria used to assess the compared legislation focuses primarily on the essential features of that legislation. This narrow approach is expedient in terms of the huge area that relates to foreign investment.<br>The final part uses the findings of the comparative study of the relevant legislation in order to determine the reasons for the lagging interest of foreign investors in Bulgaria. These reasons are found not to be due to any deep-seated differences in the pertinent legislation, but rather to some other factors, such as historical, socio-cultural, and geopolitical.<br>The law in the present work is stated as of 1 January 1994. (Abstract shortened by UMI.)
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Shiravi-Khozani, Abdolhossein. "The legal aspect of international countertrade, with reference to the Australian Legal System." Title page, contents and abstract only, 1997. http://web4.library.adelaide.edu.au/theses/09PH/09phs5577.pdf.
Texte intégralRésumé :
Bibliography: leaves 462-479. "... to provide a basis for understanding countertrade practices. In particular, however, it aims to provide assistance to trading parties to identify the problems associated with various forms of countertrade and to give them guidance in drafting countertrade contracts in the light of Australian law.".
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Gaarder, Christopher. "California's Foreign Relations." Scholarship @ Claremont, 2015. http://scholarship.claremont.edu/cmc_theses/1147.
Texte intégralRésumé :
Globalization has significantly increased the number of stakeholders in transnational issues in recent decades. The typical list of the new players in global affairs often includes non-state actors like non-governmental organizations, multinational corporations, and international organizations. Sub-national governments, however, have been given relatively little attention even though they, too, have a significant interest and ability to shape the increasing flow of capital, goods, services, people, and ideas that has so profoundly influenced the global political economy in recent decades. California, arguably the most significant among sub-national governments – its economy would be seventh or eighth in the world at $2.2 trillion annually, it engages in over $570 billion in merchandise trade, and has a population of nearly 40 million, out of which over 10 million are immigrants – is also one of the most active in transnational issues. The state government has opened and closed dozens trade offices abroad since the 1960s. It set up a multi-billion dollar carbon cap-and-trade system jointly with the Canadian provinces of Québec and Ontario under Assembly Bill 32, one of the most significant pieces of climate change legislation to date. California’s educational, technological, and media hubs – its public and private universities, Silicon Valley, and Hollywood – draw some of the best and brightest from around the world. California also has a long history of involvement in transnational issues. State efforts to undermine growing Chinese then Japanese “menace” immigrant populations from the mid-19th through the mid-20th centuries influenced United States foreign policy.
This thesis first takes a look at the federalism and international relations issues faced by California as it plays a greater role in transnational issues. Then, it examines the main actors and institutions, and the issues at play. The states have some leeway under the Constitution and contemporary political order to use their domestic powers to influence global issues, whether through climate legislation, public pension divestment, or non-binding “Memoranda of Understanding” with foreign governments. Such behavior, while less significant than national policy, can fill gaps in national policy, promote policy change, and deepen global ties, promoting a more complex interdependence among nations. California can also exert a moral, soft power influence in leading by example. The structures promoting California’s growing role in transnational issues are poorly organized. If the Golden State is to better leverage its political, economic, and moral authority internationally, it would do well to more explicitly develop a unified vision for its role in the world.
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RAVALLI, Rebecca. "Externalities of production in GVCs : an EU consumer perspective." Doctoral thesis, European University Institute, 2021. https://hdl.handle.net/1814/73849.
Texte intégralRésumé :
Defence date: 21 December 2021<br>Examining Board:
Professor Hans – W. Micklitz, European University Institute (Supervisor),
Professor Martijn W. Hesselink, European University Institute,
Professor Anna Beckers, Maastricht University,
Professor Fernanda Nicola, Washington College of Law.<br>This doctoral dissertation examines the EU consumer perspective on externalities of production in global value chains (GVCs). Whether as part of the discourse on development or global economic governance, externalities of production are a long-standing issue that has been problematised not only by lawyers but also by economists, anthropologists, sociologists and social scientists at large. In the legal field, the analysis has struggled to contextualise consumer law and policy together with the peculiarities of GVCs as a distinct model of business organisation characterised by contractualisation of processes of production. The thesis argues that contractualisation of production establishes a relationship between consumers and processes of production, also in relation to externalities. Such a relation is not mirrored either by the voluntary self-regulation through which enterprises regulate externalities nor by EU consumer law. The present dissertation addresses this matter and argues that EU consumer law limits the involvement of consumers in the process of self-regulation that leading enterprises of GVCs undertake to prevent and/or remedy externalities of production and that results into a unilateral exercise of epistemic authority. The exercise of epistemic authority is favoured by a ‘communication paradigm’ framing EU consumer law, according to which consumer claims’ on sustainability and externalities of production depend on the content of the communication consumers receive prior or via the contract. This paradigm prevents consumers involvement, in all phases of the contractual relationship, in the definition of a legal episteme of sustainability in line with the core constitutional principles and values as enshrined in the EU Treaties and constitutional charters of member states. The final part of the thesis suggests that the limits deriving by the communication paradigm can be overcome by the CJEU that, by relying on the principle of effectiveness can integrate the communication paradigm with a consumer perspective on externalities of production in the post-contractual phase.
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Bester, Juan. "The political economy of the intellectual property rights regime : Aids and the generic medicine debate in South Africa." Thesis, Stellenbosch : Stellenbosch University, 2002. http://hdl.handle.net/10019.1/53144.
Texte intégralRésumé :
Thesis (MA)--University of Stellenbosch, 2002.<br>ENGLISH ABSTRACT: This thesis is a descriptive and interpretive study into the political economy of intellectual
property rights, the conceptual and practical implications for the phenomenon of global
governance, and how developing countries experience problems with the implementation
of national policies that infringe on international intellectual property rights. The specific
area of interest is the generic medicine debate that ensued in South Africa after the
alleged violation of patent rights of anti-HIV/Aids drugs by the Department of Health.
The research question that is addressed is to what extent has the existing international
intellectual property rights regime been influenced and/or undermined by South Africa's
intended application of WTO regulations in terms of compulsory licensing and parallel
imports of "essential" medicines. In doing so, the paper examines the roles of the
important states, international organisations, institutions, and private sector firms within
the sphere ofthe political economy of intellectual property and how they impede upon or
improve the functioning of the intellectual property rights regime.
The methodology entails analytical inquiries into documentary evidence on the nature of
the international intellectual property rights regime. Areas that are examined are the
agendas of the important actors, namely states and their respective departments;
individuals and firms; and international organisations. The concept of intellectual
property is examined to determine its dynamic role within the generic medicine debate.
The thesis concludes that the agendas of pharmaceutical firms and states are exploiting
current political stalemates in the negotiations for a fair intellectual property rights
regime. National health agencies, and specifically the South African Department of
Health, are under enormous pressure to provide affordable health services. Specifically,
the US Government and US pharmaceutical firms are dominating discussions on the
architecture of the international intellectual property law regime. By using an analysis
incorporating systemic, domestic interest, institutional, and ideational perspectives, it is
argued that South Africa's drive for a more distributive intellectual property rights regime
has placed the issue of health, Aids and generic medicine firmly within the sphere of the
political economy of trade agreements.<br>AFRIKAANSE OPSOMMING: Hierdie tesis is 'n deskriptiewe en 'n interpretiewe studie oor die politieke ekonomie van
intellektuele eiendomsregte, die konseptuele en praktiese implikasies vir die verskynsel
van globale regering, en hoe ontwikkelende lande probleme ervaar met die
implimentering van nasionale beleid wat internasionale intellektuele eiendomsregte
aantas. Die spesifieke area van belang is die generiese medisyne debat wat onstaan het na
die beweerde skending van patentregte van anti-HIVNigs medisyne deur die
Departement van Gesondheid.
Die navorsingsvraag wat beantwoord word behels die omvang van die impak van Suid-
Afrika se voorgenome toepassing van WTO bepalinge, met betrekking tot die verpligte
lisensiering en parallelle invoer van "essensiele" medisyne, op die bestaande
internasionale intellektuele eiedomsreg regime. Hierdie tesis ondersoek vervolgens die
rol van state, internasionale organisasies, instellings, en privaat sector firmas binne die
sfeer van die politieke ekonomie van intellektuele eiendom en hoe hulle afsonderlik die
funksionaliteit van die intellektuele eiendomsregte regime beïnvloed.
Die metodologie behels 'n analitiese ondersoek van die literatuur oor die aard van
internasionale intellektuele eiendomsreg regimes. Areas wat ondersoek word, is die
agendas van belangrike akteurs, naamlik die staat en sy onderskeie departemente;
individue en firmas; asook internasionale organisasies en instellings. Die konsep van
intellektuele eiendom word ondersoek om die dinamiese uitwerking daarvan op die
generiese medisyne debat te verstaan.
Hierdie tesis voer aan dat die agendas van firmas, spesifiek farmaseutiese firmas en state
die huidige politieke dooiepunt in die onderhandeling rondom 'n regverdige intellektuele
iendomsregte-regime, uitbuit. Nasionale instellings, soos die Suid-Afrikaanse
Departement van Gesondheid, is onder groot druk om bekostigbare gesondheidsdienste te
lewer. Die VSA en farmaseutiese firmas domineer onderhandelinge vir 'n nuwe struktuur
vir die internasionale eiendomsregte-regime. Deur gebruik te maak van 'n analitiese
raamwerk wat sistemiese, interne belange, institusionele, en ideologies perspektiewe
inkorporeer, word daar geargumenteer dat Suid-Afrika se pogings om 'n meer
distributiewe intellektuele eiendomsregte regime te verseker, die probleem van gesondheid, Vigs, en generiese medisyne binnne die sfeer van die politieke ekonomie van
handelsooreenkomste, plaas.
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Le, Guen Delphine. "Merger control in the European Economic Community." Thesis, McGill University, 1992. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=56895.
Texte intégralRésumé :
The present thesis analyzes merger control in the European Economic Community, a topical domain on the eve of the completion of the internal market. After a definition according to three approaches (traditional, geographical, quantitative), the provisions of the Rome Treaty on competition law (articles 85 and 86) are elaborated upon, to underline the reinforcement of the Commission's control powers since the entry into force of Council Regulation N$ sp circ$4064/89, in September 1990. The air transport industry has been chosen to illustrate the concept of a priori control of concentrations and its modalities of application in different economic policies.<br>Jurisprudence and various regulations have promoted the application of EEC competition law to the air transport industry, and have contributed recently to the emergence of a common policy in this field. The Aerospatiale/de Havilland decision constitutes the first dismissal of a concentration notification, since the entry into force of the new provisions. It confirms the wide scope of the Commission's powers in the control of competition.
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Bowman, Megan. "Our tangled web : international relations theory, international environmental law, and global biodiversity protection in a post-modern epoch of interdependence." Thesis, McGill University, 2002. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=78204.
Texte intégralRésumé :
The global crisis of biodiversity depletion sets the stage for a necessary re-definition of State self-interest in the international milieu. That re-definition is effected by a changing perception of 'self'; one that occurs through the mental lens of interdependence and long-term vision. This thesis attempts to challenge conventional precepts and present a submission for change by drawing upon constructivist thought, which asserts that current perceptions are socially constructed and rooted in "collective intentionality", such that what has been human-made can be altered by the same processes through which it came into existence. In so doing, the author employs the notions of international ethics as a shared belief and international law as an ideational instrument to facilitate that change in favor of international cooperation toward the necessary amelioration of global biodiversity diminution in order to assure our future.
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Shen, Hong 1967. "Economic integration in APEC and the role of China." Thesis, McGill University, 1999. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=29941.
Texte intégralRésumé :
The Asia-Pacific Economic Cooperation (APEC) is a regional economic forum composed of 21 member economies of diverse cultural heritage and varying levels of economic development. By deliberately avoiding to become a formalized free trade arrangement like the EU or the NAFTA, APEC has committed to the principle of "open regionalism", meaning that liberalization achievements are not preferential to APEC members only. APEC has evolved rapidly since its formation in 1989. Begun as an informal dialogue group, APEC has expanded to become the primary vehicle for promoting open trade and economic cooperation in the Asia-Pacific region.<br>APEC is also one of the few multilateral economic organizations that actively embraces China as a committed partner in the global trade and investment dialogue. Economic reform and open door policies implemented over the last two decades have transformed China from a closed economy into a major trading power. China, which for more than a decade has unsuccessfully sought to join the GATT/WTO, finds APEC to be of immense symbolic and practical value. As a major member of APEC, China has made constructive role in the APEC process. With its dynamic economic growth and continuing economic reforms, China is poised to play an even greater role in APEC in the near future.
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D'Hollander, Juliette. "Economic sanctions as a means to enforce human rights." Thesis, McGill University, 1995. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=23437.
Texte intégralRésumé :
The United Nations Security Council has recently imposed economic sanctions against several states with the aim to protect human rights. Before the Second World War economic sanctions had been imposed under the Covenant of the League of Nations. It was, however, only with the creation of the United Nations and the evolution of international human rights law that economic sanctions have been imposed explicitly in the name of human rights. While the Security Council has ordered economic sanctions against Iraq, Haiti and the former Yugoslavia for their human rights violations, the thesis explores the reasons why the Council has not taken similar measures against other countries with comparable human rights records and concludes that, there exists a double standard. Another important issue examined concerns the collateral consequences of economic sanctions. More often than not, it is the civilian population that ends up enduring the harsh conditions that result from the sanctions. The thesis suggests that the economic sanctions imposed for human rights purposes may in fact result in the infringement of the basic human rights of the very population that they are intended to protect.
Livres sur le sujet "International economic relations – Law and legislation"
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R, Ziegler Andreas, ed. International economic law. 3rd ed. Sweet & Maxwell/Thomson Reuters, 2011.
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Qureshi, Asif H. International economic law. 3rd ed. Sweet & Maxwell/Thomson Reuters, 2011.
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1956-, Qureshi Asif H., and Gao Xuan LL M, eds. International economic law: Critical concepts in law. Routledge, 2010.
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W, Gordon Michael, and Spanogle John A. 1934-, eds. International trade and economic relations in a nutshell. 4th ed. Thomson/West, 2009.
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International trade and economic relations in a nutshell. 5th ed. West, 2012.
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W, Gordon Michael, and Spanogle John A. 1934-, eds. International trade and economic relations in a nutshell. 3rd ed. Thomson/West, 2004.
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International business transactions: Trade & economic relations. West, 2009.
Trouver le texte intégralChapitres de livres sur le sujet "International economic relations – Law and legislation"
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Schmalenbach, Kirsten. "States Responsibility and Liability for Transboundary Environmental Harm." In Corporate Liability for Transboundary Environmental Harm. Springer International Publishing, 2022. http://dx.doi.org/10.1007/978-3-031-13264-3_3.
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AbstractOne strategy to address environmental degradation caused by transnational human activities is to focus on States as the principal actors and law-makers on the international plane. In order to address environmental challenges, States have by and large three avenues for regulatory management at their disposal: the first one is domestic legislation on pollution control and conservation within the boundaries of jurisdictional limits set by international law; the second avenue is action through regional organisations of economic integration which have the power of supranational law-making, although these also have to observe the same jurisdictional limits in relation to the international community; and the third avenue is traditional international law-making, the method on which this Chapter focuses.
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Orakhelashvili, Alexander. "International economic relations." In Akehurst's Modern Introduction to International Law, 9th ed. Routledge, 2022. http://dx.doi.org/10.4324/9781003162117-18.
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Orakhelashvili, Alexander. "International economic relations." In Akehurst's Modern Introduction to International Law. Routledge, 2018. http://dx.doi.org/10.4324/9780429439391-18.
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Georgiou, Natasha A. "Energy Regulation in International Trade: Legal Challenges in EU–Russia Energy Relations from an Investment Protection Perspective." In International Economic Law. Springer International Publishing, 2016. http://dx.doi.org/10.1007/978-3-319-44645-5_9.
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Jackson, John H. "International Economic Relations in the 21st Century." In Spontaneous Order, Organization and the Law. T.M.C. Asser Press, 2003. http://dx.doi.org/10.1007/978-90-6704-413-4_12.
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Hamzah, Dawood Adesola. "International economic relations and Islamic law in Saudi Arabia." In International Law and Muslim States. Routledge, 2021. http://dx.doi.org/10.4324/9781003133384-6.
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Zeng, Lingliang. "Non-market Economy Issues in Sino-EU Relations: A Purely Technical Matter or Beyond?" In Modern China and International Economic Law. Springer Singapore, 2020. http://dx.doi.org/10.1007/978-981-15-8657-6_33.
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Hafner, Gerhard. "The Effect of Soft Law on International Economic Relations." In Schriftenreihe der Österreichischen Gesellschaft für Europaforschung (ECSA Austria) / European Community Studies Association of Austria Publication Series. Springer Vienna, 2003. http://dx.doi.org/10.1007/978-3-7091-6036-7_5.
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Hsu, Locknie. "EU-ASEAN Trade and Investment Relations with a Special Focus on Singapore." In European Yearbook of International Economic Law 2015. Springer Berlin Heidelberg, 2015. http://dx.doi.org/10.1007/978-3-662-46748-0_10.
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Wu, Chien-Huei. "The ASEAN Economic Community Under the ASEAN Charter; Its External Economic Relations and Dispute Settlement Mechanisms." In European Yearbook of International Economic Law 2010. Springer Berlin Heidelberg, 2009. http://dx.doi.org/10.1007/978-3-540-78883-6_15.
Texte intégralActes de conférences sur le sujet "International economic relations – Law and legislation"
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Plotnic, Olesea. "INTERACTION BETWEEN CONSUMER LAW AND COMPETITION LAW IN PANDEMIC TIMES." In International Jean Monnet Module Conference of EU and Comparative Competition Law Issues "Competition Law (in Pandemic Times): Challenges and Reforms. Faculty of Law, Josip Juraj Strossmayer University of Osijek, 2021. http://dx.doi.org/10.25234/eclic/18835.
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If in the case of consumer law, as protected persons are the consumers, then in the case of competition law, the protected entities are the competitors. A combination of actions in competition law presupposes that the same commercial offer satisfies several individual interests of consumers. In the strictest sense, such a combination implies the same legal fact, simultaneously opening up more possibilities for the consumer to choose due to loyal offers from a professional, if he is monopolistic or dominant in the market. More broadly, it can also be accepted that offers can be combined from several competing professionals relating to the same product or service and concerning the same individual interest of a consumer. The possible complementary effects of common law, which would justify the non-limitation of a specific piece of legislation, can never lead to a new monopoly. In some cases this will make competition law more effective and, in other cases, provide marginal and non-exclusive protection to consumers who do not have a direct right guaranteed by competition law. The purpose of this article is to demonstrate the interdependent relationship between competition law and consumer law, from the perspective that both have the same common goal, namely to limit abuses by professionals in their economic activity, especially during pandemic times.
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Koevski, Goran, Borka Tushevska Gavrilovikj, and Darko Spasevki. "THE CONCEPT OF LENIENCY IN REPUBLIC OF NORTH MACEDONIA." In International Jean Monnet Module Conference of EU and Comparative Competition Law Issues "Competition Law (in Pandemic Times): Challenges and Reforms. Faculty of Law, Josip Juraj Strossmayer University of Osijek, 2021. http://dx.doi.org/10.25234/eclic/18814.
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The concept of "leniency" in competition law, or better known as the "leniency programme", has proven to be an extremely important instrument in fighting unfair competition. In the Republic of Northern Macedonia (hereinafter RNM), this concept of suppressing or reducing unfair competition, more or less, exists solely as a law conception. Nowadays, when the EU discusses the impact of the global crisis and the Coronavirus pandemic on the level of utilization of ”leniency programme", this concept is still unknown or not a well-known concept for business sector in RNM. The main focus of this article is “leniency programme” in RNM. The key questions that we aim to answer here, are: whether and to what extent this instrument is predicted in Macedonian competition law? Is it predicted only as a law category, or it has practical implications too? Although this research refers to RNM, we strongly believe that a thorough study of “leniency” requires exploration of European conception of “leniency” too. For that purpose, we use relevant EU legislation, as well as practice. Thus, our main goal is to consider the position of RNM towards “leniency” and bring into relation to the Macedonian competition law. We base our hypothetical framework on the assumption that the applicability of “leniency programme” in RNM is at the lowest level. Furthermore, that the undertakings are not interested in applying “leniency”. This situation is partly due to the lack of information, the complexity of the application procedure, as well as other factors that are related not only to the attitude of the executive of undertakings, but more to the general economic circumstances, economic development, the market size of goods and services, etc. Using the analytical-descriptive method, the comparative method, and the method of analysis and synthesis, we’ll elaborate the situation in RNM regarding this issue, and we will present our views considering the questions: whether certain measures should be taken regarding „leniency program“, and what should be done to boost the use of this program in the Macedonian business sector.
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Ketners, Karlis. "Spending review as essential part of public sector budgeting: Latvian experience." In 21st International Scientific Conference "Economic Science for Rural Development 2020". Latvia University of Life Sciences and Technologies. Faculty of Economics and Social Development, 2020. http://dx.doi.org/10.22616/esrd.2020.53.011.
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One of the modern trends in public sector budget governance is evaluation of allocation of the resources, re-allocation of budget resources to achieve political goals and ensure sustainable financing for different public needs. This study is the first analysis of Latvian experience of public spending reviews in 2016 – 2019, characterises present patterns and proposes changes for future spending reviews. In general, the Ministry of Finance is conducting public spending review as quite technocratic exercises – an opportunity to make sure that existing public institutions’ budgets are being spent as efficiently as possible and conduct decision making on the civil service level. However, involvement of political level is a possibility to ensure that public spending objectives are met and the allocation of public resources reflects policy goals. The main task of the paper is to analyse the Latvian experience of regular public spending reviews and generalize recommendations for other countries and future development of the spending reviews. It can be concluded that increasing prioritization of budgetary spending and its relation with economic development can be supported by spending reviews as a mechanism to increase government spending in priority policy areas and to ensure reallocation of resources for underfinanced budget programmes through improvement of the efficiency of expenditures. Recommendations on improvement of the spending review process and possible changes to the budget law legislation are worked out.
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Babina, V. O., I. V. Kudlay, and O. O. Myrhorodska. "International law in the globalization of international relations." In LEGAL SCIENCE, LEGISLATION AND LAW ENFORCEMENT: TRADITIONS AND NEW EUROPEAN APPROACHES. Baltija Publishing, 2021. http://dx.doi.org/10.30525/978-9934-26-116-9-43.
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Drozdova, E. "Credit Relations And Their Criminal Law Protection." In II International Conference on Economic and Social Trends for Sustainability of Modern Society. European Publisher, 2021. http://dx.doi.org/10.15405/epsbs.2021.09.02.87.
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Shkabin, Gennadiy S., and Alexander M. Pleshakov. "Improvement of Interdisciplinary Relations of Criminal Law and Operative Search Activity." In VII INTERNATIONAL SCIENTIFIC-PRACTICAL CONFERENCE “CRIMINAL LAW AND OPERATIVE SEARCH ACTIVITIES: PROBLEMS OF LEGISLATION, SCIENCE AND PRACTICE”. SCITEPRESS - Science and Technology Publications, 2021. http://dx.doi.org/10.5220/0010641500003152.
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Hamah Saeed, Tahseen. "The normative role of the economic legal rule and the results of its application to the investment law in the Kurdistan region." In INTERNATIONAL CONFERENCE OF DEFICIENCIES AND INFLATION ASPECTS IN LEGISLATION. University of Human Development, 2021. http://dx.doi.org/10.21928/uhdicdial.pp104-122.
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The reciprocal treatment between law and economics has become a fact in the real world. And that the influence and influence between them reached the point of putting the independence of each under question. The central role that the economy plays in the modern era, especially after the emergence of the phenomenon of globalization and the spread of transnational companies and the dominance of the liberal and capitalist intellectual current, caused the emergence of a special type of law and legal rules called economic legal rules that have characteristics that distinguish them from other legal rules. This is due to the special nature of the economy of change. Fast and complex. And it came to the point that some scholars claimed that the economy has become in the center and that the law lacks its independence and has no function but to regulate the affairs of the economy so that the latter performs its original and important function in modern societies. Although the opinion regarding the relativity of this independence differs among the jurists of the Latin school from the Anglo-Saxon school. The jurists of the Latin school in general recognize more independence of the law, while the Anglo-Saxon jurists go to the more influence of the economy on the law than the effect of the law on the economy. Especially in developing countries in need of development and development. That is why the researcher tries to apply the result of the structural role of the economic legal base on one of the economic laws in the afflicted Kurdistan region, which needs the most what it needs is change and development in both areas of law and economy. Especially with regard to investing and working with internal capital and attracting foreign investors, in order to remove some injustice from the oppressed people at a time when the reality was finally fair and gave them the opportunity to have their legitimate authority and enjoy the opportunity to rise and move to reach the level of progress of the world in the modern era and keep pace with what its brothers have reached in humanity from other peoples.
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Tofiq, Hardi. "Documentary credit between international rules and norms and Iraqi trade law." In INTERNATIONAL CONFERENCE OF DEFICIENCIES AND INFLATION ASPECTS IN LEGISLATION. University of Human Development, 2021. http://dx.doi.org/10.21928/uhdicdial.pp164-180.
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The difference in the countries to which both the seller and the buyer belong in the commercial exchanges has increased the discrepancy in the laws and rules that govern the conduct of the most important banking count approved for the settlement of such exchanges, which is the documentary credit process, as a result of the different economic, banking and financial systems from the other, so there was a need to unify These customs and customs are in a unified form, which is called today the unified rules and customs of documentary credit, which are applied to the conduct of documentary credit contracts at the global level. Therefore, we consider it necessary to make an amendment in the Iraqi law regarding the organization of the documentary credit process, because the articles related to the provisions of documentary credits are not sufficient in themselves to indicate all the problems that may result from it due to developments in international trade.
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Aidarkhanova, Kulyash. "Problems Of Legislation Improvements In The Field Of The Customs And Customs Logistics Infrastructure In The Eurasian Economic Union." In 4th icPSIRS International Conference on Political Science, International Relations and Sociology. Cognitive-crcs, 2017. http://dx.doi.org/10.15405/epsbs.2017.02.9.
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Popov, Dmitry. "Contemporary Contexts of Establishing Trustful Relations between a Police Officer and Citizens." In VII INTERNATIONAL SCIENTIFIC-PRACTICAL CONFERENCE “CRIMINAL LAW AND OPERATIVE SEARCH ACTIVITIES: PROBLEMS OF LEGISLATION, SCIENCE AND PRACTICE”. SCITEPRESS - Science and Technology Publications, 2021. http://dx.doi.org/10.5220/0010634700003152.
Texte intégralRapports d'organisations sur le sujet "International economic relations – Law and legislation"
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Баттахов, Петр Петрович. ПРОБЛЕМЫ И ОСОБЕННОСТИ ПРАВОВОГО РЕГУЛИРОВАНИЯ СОЦИАЛЬНОГО ПРЕДПРИНИМАТЕЛЬСТВА В РОССИИ. DOI CODE, 2021. http://dx.doi.org/10.18411/1815-1337-2021-51857.
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The article discusses the history of social entrepreneurship development in Russia. The concept and activities of a new social project in the country are being studied, legal regulation of entrepreneurial, social legal relations of subjects of law is being studied. Particular attention is paid to the requirements for the establishment of separate legal regulations for social enterprises. In the future, the author identifies a change in the vector of development of social entrepreneurship in the Russian Federation and assistance from the state in various priority areas in order to develop economic entities. It is proposed to improve some articles of the current legislation and, at best, to adopt a separate federal law "On Social Entrepreneurship of the Russian Federation."
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Megersa, Kelbesa. Tax Transparency for an Effective Tax System. Institute of Development Studies (IDS), 2021. http://dx.doi.org/10.19088/k4d.2021.070.
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This rapid review examines evidence on the transparency in the tax system and its benefits; e.g. rising revenue, strengthen citizen/state relationship, and rule of law. Improvements in tax transparency can help in strengthening public finances in developing countries that are adversely affected by COVID-19. The current context (i.e. a global pandemic, widespread economic slowdown/recessions, and declining tax revenues) engenders the urgency of improving domestic resource mobilisation (DRM) and the fight against illicit financial flows (IFFs). Even before the advent of COVID-19, developing countries’ tax systems were facing several challenges, including weak tax administrations, low taxpayer morale and “hard-to-tax” sectors. The presence of informational asymmetry (i.e. low tax transparency) between taxpayers and tax authorities generates loopholes for abuse of the tax system. It allows the hiding of wealth abroad with a limited risk of being caught. Cases of such behaviour that are exposed without proper penalty may result in a decline in the morale of citizens and a lower level of voluntary compliance with tax legislation. A number of high-profile tax leaks and scandals have undermined public confidence in the fairness of tax systems and generated a strong demand for effective counteraction and tax transparency. One of the key contributing factors to lower tax revenues in developing countries (that is linked to low tax transparency) is a high level of IFFs. These flows, including international tax evasion and the laundering of corruption proceeds, build a major obstacle to successful DRM efforts. Research has also identified an association between organisational transparency (e.g. transparency by businesses and tax authorities) and stakeholder trust (e.g. between citizens and the state). However, the evidence is mixed as to how transparency in particular influences trust and perceptions of trustworthiness.
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CONCEPT AND FUNCTIONS OF E-JUSTICE IN THE DIGITAL ECONOMY. DOI CODE, 2021. http://dx.doi.org/10.18411/0131-5226-2021-70001.
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Abstract. The article deals with the concept of "electronic justice" and features of the use of electronic justice for the consideration of economic disputes. In the digital economy e-justice is one of the legal constructions that provide a comfortable legal environment for economic activity. This is a complex of legal relations and technological solutions that provides individuals and legal entities with the opportunity to use digital technologies at all stages of the judicial process, to obtain information about the activities of courts through electronic access. The e-justice mechanism includes video and audio recording of court sessions, electronic document management with the use of an electronic signature, an electronic archive for storing electronic documents, the use of cloud technologies, as well as the use of electronic documents as evidence. Improving the legal regulation of e-justice in the digital economy, along with reforming procedural legislation, should include the development of a Federal law on electronic documents.