Littérature scientifique sur le sujet « Investments – Law and legislation – United States »
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Articles de revues sur le sujet "Investments – Law and legislation – United States"
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Hsu, Locknie. "SWFs, Recent US Legislative Changes, and Treaty Obligations Sovereign Wealth Funds, Recent US Legislative Changes, and Treaty Obligations." Journal of World Trade 43, Issue 3 (2009): 451–77. http://dx.doi.org/10.54648/trad2009019.
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A confluence of events has highlighted the role of sovereign wealth funds (SWFs) in recent times, giving rise to debate as to their role, governance, and how national investment regimes view their investments. Important amendments to US investment-screening legislation in 2007 have given rise to some concerns on the part of SWF investors. Apart from national investment-screening laws such as those of the United States and Canada, recipient countries of such funds’ investments may have also international or bilateral treaty obligations towards SWFs as foreign investors. Recent international efforts have also produced some ‘soft law’ instruments to address the governance structures of SWFs and recipient countries’ approaches to their investments. This article provides a composite picture of the recent US amendments, relevant international and bilateral treaty obligations, and the recent ‘soft law’ instruments that together have an impact on SWF investments.
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Garmashev, Mikhail A., Julia A. Sakhno, Inna N. Peremyshlennikova, Natalya A. Sedova, and Marina M. Staroselzeva. "Legal regulation of crowdfunding and investment platforms." Linguistics and Culture Review 5, S3 (2021): 958–66. http://dx.doi.org/10.21744/lingcure.v5ns3.1695.
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The article provides a comparative analysis of the legal regulation of crowdfunding and investment platforms in Germany, Russia, the USA, and France. Crowdfunding has been researched as a category that is an integral part of investment platforms; in a concise form, the formation of crowdfunding in the declared group of countries is disclosed; identified possible risks and problems when using investment platforms and crowdfunding. The legislation of the United States, France, Germany, and Russia in the field of crowdfunding reveals the main provisions that are directly related to investment platforms and investments, thereby helping interested parties navigate in this environment. Although the legislation of Russia, unlike foreign countries, does not directly mention crowdfunding, which in turn gives rise to legal conflicts of using this activity through the national law on attracting investments, limiting the rights of individual citizens to attract investments.
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Lefeber, René. "Frontiers of International Law: Counteracting the Exercise of Extraterritorial Jurisdiction." Leiden Journal of International Law 10, no. 1 (1997): 1–7. http://dx.doi.org/10.1017/s0922156597000010.
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On 22 November 1996, the Council of the European Union adopted a framework regulation and agreed to joint action to ‘protect’ the interests of the European Union and its citizens against the extraterritorial application of legislation by non-member states. These measures were adopted in response to the extraterritorial application of certain measures by the United States, concerning trade with and investment in Cuba, as well as investment in Iran and Libya. These United States measures apply to all natural and legal persons irrespective of their nationality, residency, or place of activity. Thus, even nationals of a member state of the European Union residing and active in the European Union must comply with the United States measures. The enactment of this legislation marks a new episode in the on-going battle between the United States and the European Union over the frontiers of a state's (or an international organization's) jurisdiction to prescribe. This time, however, the European Union counteracted by the adoption of measures which can partly be characterized as retorsion measures and partly as countermeasures. The adoption of these measures by the European Union raises questions with respect to the legitimacy of the retorsion measures and the legality of the countermeasures.
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Kim, Min-Bae. "Enactment and Issues of Japan's Important Land Survey Regulation Act." Korean Public Land Law Association 99 (August 30, 2022): 1–31. http://dx.doi.org/10.30933/kpllr.2022.99.1.
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On the basis of national security and territorial integrity, can the state regulate the use of land and buildings around important defense facilities or on border islands? In response, on June 16, 2021, Japan promulgated ‘Important Land Survey Regulation Act.’ In enacting the Important Land Survey Regulation Act, the Japanese government suggested land acquisition in a specific area by foreign capital as a basis for legislation. Due to the cases of land acquisition in a water source, defense facilities, or border islands, anxiety among Japanese residents and the people is growing.
 As a background of legislation, the Important Land Survey Regulation Act refers to ‘concerned’ foreign capital and state. It is primarily considering Korea and China as regulatory targets. The Important Land Survey Regulation Act is a regulation law based on the maintenance of the base of national life, maritime sovereignty, and national security. In the future, I think the Important Land Survey Regulation Act will have a direct or indirect effect on Korea.
 From a national security perspective, laws that regulate direct investment in corporate purchases also exist in the United States and Japan. However, regulations on real estate transactions have recently been introduced from the perspective of national security. In the United States, the Foreign Investment Risk Review Modernization Act (FIRRMA) enacted in August 2018 is a representative law. Real estate transactions are being conducted as a subject of review by the US Foreign Investment Committee (CFIUS). From a national security perspective, Japan is reviewing the case of the United States, which regulates the sale of real estate. However, problems with the bill were pointed out in the process of enacting the Important Land Survey Regulation Act. The issue of unconstitutionality of the Important Land Survey Regulation Act was also raised.
 In this study, I reviewed the issues and the contents of the law in the legislative process of the Japanese National Assembly : the purpose of legislation and the existence of legislative facts, the subject of regulation and delegation of legislation, forest and water sources, enforcement decree and delegation legislation, resident movement regulation, designation of special zones, and pre-reporting system, etc. The following matters were reviewed on the issue of unconstitutionality inherent in the Important Land Survey Regulation Act : legislative purposes and the absence of legislative facts, violation of the principles of parliamentary legislation, principle of criminal justice, recommendations and orders and criminal penalties, land use investigation and personal information, privacy rights, freedom of thought and conscience, self-denial rights, property rights and compensation systems, etc.
 The Important Land Survey Regulation Act, like FIRRMA in the United States, is based on national security, Japan primarily aims to protect Japan’s Self-Defense Forces facilities and U.S. military facilities. To this end, ownership and use, and transactions of land and buildings in a specific area are regulated. Second, however, it is a law to prepare for border disputes or maritime disputes between Japan and China, Japan and Russia, Korea and Japan. From the perspective of borders, territories, and maritime sovereignty, the Republic of Korea needs to establish new border protection measures for uninhabited islands and islands.
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Han, Wang, and Liu Jianhua. "The Role of Committee on Foreign Investment in the United States in the Tech War with China." Journal of Economics and Public Finance 8, no. 2 (2022): p104. http://dx.doi.org/10.22158/jepf.v8n2p104.
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With the escalation of the science and technology war against China, the Committee on Foreign Investment in the United States (CFIUS) continues to expand its powers with the support of Congressional legislation, and plays an increasingly important role in the science and technology war against China. The committee strictly restricts Chinese technology companies’ investment in the United States by means of routine review, case tracing, whitelisting, and long-arm jurisdiction, preventing China from acquiring advanced American technology through investment channels in the United States, so as to curb China’s high-tech development and maintain American technological hegemony. The goal of CFIUS’s review of Chinese companies’ investment in the United States has shown trends such as generalization of security, joint action, focus on emerging fields, and strengthening of law enforcement capabilities China should pay attention to the scope of CFIUS expansion and behavioral trends, and take corresponding countermeasures to avoid and reduce investment risks in the United States.
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Sulistina, Sulistina, Bayu Dwi Anggono, Al Khanif, and Tran Ngoc Dinh. "The Pathway of Adopting Omnibus Law in Indonesia's Legislation: Challenges and Opportunities in Legal Reform." Jurnal Kajian Pembaruan Hukum 2, no. 2 (2022): 155. http://dx.doi.org/10.19184/jkph.v2i2.31524.
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The omnibus law model has become a new method of legislative drafting in Indonesia, first applied to the Job Creation Law and later enacted as Law 11/2020. While there were no implicit guidelines in Legislative Drafting Law 12/2011, this adoption was imported from several countries like the United States and Ireland to simplify regulations before the method was subsequently formalized and included in Legislative Drafting Law 13/2022. This paper explored the pathway and dynamics of the omnibus law adoption in Indonesia's law-making procedure and analyzed its further impacts on whether such a method has fruitfully improved the quality of the enacted regulation in establishing a more friendly investment policy. Through doctrinal method, this study showed that the opportunity to apply the omnibus model in Indonesia depends on the effectiveness, success, and benefits of respective regulations. In contrast, the application of the omnibus law model should respect democratic principles and avoid public harm. As shown in three different countries, i.e., Indonesia, the United States, and Canada, public concerns on lack of participation should be taken seriously to hinder undemocratic ends through "democratic" means. Alternatively, accountability of the drafting process should be considered a priority. In summary, the increasing trend of adopting the omnibus model should be first adopted and promulgated through legislative products whose promulgation must be with a formidable law-making procedure.
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Ibrahim, Maan Abdulqader. "Legal Aspects of Financial Investment Companies in Iraq Between Ambition and Reality." Journal of AlMaarif University College 31, no. 2 (2020): 409–36. http://dx.doi.org/10.51345/.v31i2.181.g180.
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Investment companies are an appropriate way to revitalize the national economy where investors can rely on them to make sure their money is managed strategically, especially for people who do not have enough time to track and manage their investments throughout the day. While many individuals find that investment companies provide the services they most need Others feel that they can manage their investments with confidence on their own accord, and this remains a decision for every investor in himself in investment companies or what is known as investment funds in an institution, partnership or commercial entity that invests the capital raised from investors, so that investors share profits And the company's losses alike, according to the share of each investor. The main goal of these companies is to maintain, manage, sell, and market securities for the purpose of investment, but they provide several other services to investors such as various trust funds, portfolio management, record keeping, and administrative and tax services where investment companies are subject to different regulatory laws, according to the policy and laws of each country, for example in United States of America These companies are organized in accordance with the Investment Companies Regulation Act of 1940, which requires companies to disclose to investors their financial condition and investment policies since the shares were initially sold, and therefore this law focuses on disclosing to investors information related to the fund and its investment goals 1, but it does not allow The SEC is directly supervising the investment decisions or activities of these companies or judging the benefits of their investment. Companies are also subject to the Securities Act of 1933 and the Securities Market Act of 1934. As for Iraqi legislation, investment companies were not mentioned except in the Iraqi Companies Law No. (21) of the revised 1997 CE.
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Shannon, Victoria. "Recent Developments in Third-Party Funding." Journal of International Arbitration 30, Issue 4 (2013): 443–52. http://dx.doi.org/10.54648/joia2013028.
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This article addresses recent developments in third-party funding that occurred during late 2012 and early 2013 in the three leading jurisdictions: Australia, the United Kingdom and the United States. The most important developments are the following. On 22 April 2013, the Australian Securities and Investment Commission (ASIC) issued regulatory guidelines clarifying the status of funders with respect to ASIC's regulations and detailing how funders should manage conflicts of interest and handle certain provisions of their funding arrangements. In the United Kingdom, the Jackson Reforms took effect on 1 April 2013, bringing sweeping changes to the allowable fee agreements, discovery rules and cost allocations in that jurisdiction. In the United States, at least twenty pieces of legislation have been filed in various state legislatures since the beginning of 2013 aimed at regulating the third-party funding industry in a variety of different ways. Thus, in these three leading third-party funding jurisdictions, it appears that the legislatures - rather than the courts - are seeking to lead the way in shaping the future of the third-party funding industry.
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Kunitsa, D. A. "Review of Some Aspects of the Russian Legislation on Fiduciary Management of Property and Personal Funds through the Prism of the Law on Trusts in the United States and Canada." Kutafin Law Review 9, no. 3 (2022): 511–43. http://dx.doi.org/10.17803/2713-0525.2022.3.21.511-543.
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Enactment of new provisions of the Civil Code in the spring of 2022 on personal funds has increased the number of legally recognized instruments for management of property of others available in Russia (personal funds, investment funds of closed type and trust management agreements). This article reviews similarities between these three instruments and trusts formed under applicable laws of the United States and Canada. Such similarities suggest that certain legal mechanisms and approaches to legal issues developed in the United States and Canada should be taken into account for further development of the Russian law on personal funds and implementation of the law in practice. The article analyses certain aspects of the Russian legislation on management of property of others (legal status of each instrument, liability of the managers to the beneficiaries and liability of founders of personal funds for the obligations of such funds) and compares provisions of Russian law with relevant laws of the State of New York and the Province of Quebec.
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Vanheusden, Bernard. "Towards a Legal Framework in the EU for Brownfield Redevelopment." European Energy and Environmental Law Review 12, Issue 6 (2003): 178–86. http://dx.doi.org/10.54648/eelr2003027.
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Summary: Brownfield sites are a major soil-related problem in every industrialised nation. Within the European Union more and more Member States are searching for different measures to deal with soil remediation in general, and with brownfields in particular. Soil remediation will demand tremendous investments. It remains unclear how these costs will be distributed among public authorities and the business community. Several governments, together with their administrations, have already taken different initiatives. Nevertheless, the shortage of knowledge and information regarding brownfield development still creates a lot of difficulties with the start up and realisation of potential brownfield projects in the EU. This article offers a comparative survey of different legal approaches within the EU and in the United States to deal with brownfields. Starting with the US legal framework; then pointing to relevant European legislation and recent actions taken by the European Commission; finally, the article describes interesting developments within several Member States with regard to soil remediation and, more specifically, brownfield redevelopment.
Thèses sur le sujet "Investments – Law and legislation – United States"
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Demyanek, Mark Louis. "An analysis of United States asbestos regulations and policies." Thesis, Georgia Institute of Technology, 1989. http://hdl.handle.net/1853/29586.
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Moessner, Philipp. "Slot allocation in the United States and Europe." Thesis, McGill University, 2005. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=99146.
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The following thesis describes and analyzes the development of the U.S. slot allocation system from 1968 until today, in order to draw relevant conclusions for a new European Slot Regulation. The European Commission is currently drafting a new Slot Regulation purporting to introduce market mechanisms. A similar approach was espoused in the United States from 1986 onward, but was ultimately supplanted by overriding legislation in 2000. The analysis of the U.S. slot allocation system reveals the reasons underlying its abolition and queries whether this experience can be successfully transposed in Europe. The thesis commences by providing general information on the definition of slots, slot allocation, and airport capacity. A brief review of the European Commission's current consultation process on the implementation of market mechanisms for slot allocation follows. The main part of the thesis discusses the U.S. High Density Rule and the Rules for the Allocation and Transfer of High Density Airport Slots in historical order. Some criticisms frequently voiced assert that the Rules artificially limited access to airports, constituted barriers to market entry, restricted airline competition, generated higher fares, and yielded adverse effects on smaller communities which, in turn, lost access to key markets. Through a favorable assessment of the Rules, the thesis analyses these concerns and concludes that the suppression of the Rules was rather prompted by local political motivations than by other rationalities. However, experiences drawn from the U.S. Rules demonstrate that a future European secondary market for slots, if implemented under a grand fathering system, will likely have a positive impact on the efficiency of airport capacity, but not on access to the market and competition.
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Barr, Diane Louise. "The right to one's reputation: Applicable legislation in the United States of America." Thesis, University of Ottawa (Canada), 1994. http://hdl.handle.net/10393/6518.
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Handa, Rish. "The extraterritorial dimension of patent law systems /." Thesis, McGill University, 2007. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=112602.
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This thesis analyses the extraterritorial dimension of patent systems in light of recent judicial trends, ending with the United States Supreme Court's landmark 2007 ruling in AT&T v. Microsoft. The discussion examines (i) the economic interest of nations in issuing and maintaining patent rights; (ii) the legal arguments against a unilateral extraterritorial extension of domestic patents, leading to the legal presumption against extraterritorial extension; (iii) the evolution of this doctrine in United States legislation and jurisprudence and forays against it, especially in recent decades; and (iv) the impact of globalization and of the nature of patentable information in the digital age on the issue of the extraterritorial extension of patent rights. The general conclusions are that, in the modern age, patent rights need to be extended beyond the domestic jurisdiction, and that the appropriate manner for nations to achieve this extension is not unilaterally but through bilateral and multilateral treaties.
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Martin, Daniel Gordon 1963. "The Archaeological Resources Protection Act, other federal legislation, and the protection of cultural resources in the United States." Thesis, The University of Arizona, 1987. http://hdl.handle.net/10150/276621.
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Within the past 100 years, the protection of archaeological and other cultural resources have fallen in part under federal jurisdiction. The role of federal legislation and regulations, with particular emphasis on the Archaeological Resources Protection Act of 1979 (ARPA), is evaluated in terms of guidelines, application, and effectiveness. A history of federal legislation is presented, followed by an in-depth review and analysis of ARPA. The relevance and applicability of ARPA and other legislation is reviewed in terms of resource significance, definitions of archaeological material, logistics of law enforcement, and prosecution of violators. A case review is presented and analyzed. The roles of public archaeology and future legislation are discussed as they apply to continued efforts toward preservation of cultural resources.
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Chan, Tsz-ki, and 陳紫琪. "Evaluation of the drug regulatory systems in Hong Kong, Singapore, Taiwan, United States and European Union." Thesis, The University of Hong Kong (Pokfulam, Hong Kong), 2013. http://hub.hku.hk/bib/B50561583.
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Background:
Drugs have become an essential necessity in public health, people and the government has become willingly to spend more money on the country’s healthcare system to restore health, save lives, preventing disease and epidemics. Drugs should be properly regulated throughout development, production, importation and subsequent distribution to ensure it is prescribed with safe, effective and of good quality standards. The structure of drug regulations today has evolved over time. During the process, the scope of legislative and regulatory power expanded in result of a series of disastrous events related to pharmaceutical products, the adoption of more restrictive legislative were put in place for stronger safeguard to the public.
In comparison to Singapore, Taiwan, US and EU where the drug regulatory system is highly structured, flexible and innovative, Hong Kong (HK) has a relatively simple and stubborn drug regulatory system and drug approval is greatly dependent on the approval status of the advance countries. According to the current registration system in HK, a new drug usually takes about 18-24 months to obtain an approval, and this figure is far behind the standard of Singapore in which medicine could be registered in 60 days. It is vital to have speedy approval process with high standards in safety, efficacy and quality on all approved drugs. If drugs are approved in a rush manner, it will lead to serious adverse drug reactions (ADR), or even deaths in consumption of unsafe, and ineffective drugs. On the other hand, slow approval will make patients suffer and increase the mortality rate to due inaccessibility of appropriate medicines to sustain life and combat diseases.
With reference to the initiatives and innovative regulatory frameworks in the abovementioned countries, the modification of the local drug regulatory system is strongly recommended.
Aim:
1. To examine the regulatory frameworks between Singapore, Taiwan, US and EU which affect the evaluation timeline required for new drugs approval.
2. As the first study to examine the drug regulations in HK, the regulatory barriers for new drugs submission will be explored and whether the regulatory initiatives from the abovementioned countries may result in an improvement in the overall drug regulation system HK.
Method: This dissertation is a literature review and it will employ concentration in the drug regulation systems in Singapore, Taiwan, US and EU with varying levels of pharmaceutical regulation capacities. Search engines including Google, MedLine, PubMed (database up to 2012) with key words search of “Department of Health (DoH), Food and Drug Administration (FDA), European Union (EU), Taiwan FDA, Health Sciences Authority, evaluation routes, drug registration requirement, review timeline, Centre for Drug Evaluation, Pharmaceutical Evaluation Reports, risk management systems, pharmacovigilance, drug legislation”.
Results: With an in-depth evaluation of the HK’s guideline and supporting document required for new drug submission, it is highly recommended that unnecessary documents at new drug submission (NDA) should be elimination to facilitate the new drugs approval process. The regulatory frameworks between all studied countries vary significantly in which implementation of initiatives (e.g. multiple evaluation routes, in-house evaluation system) from individual country affects the standards of new drugs approval and the evaluation timeline required to grant approvals.
Conclusion: The regulatory frameworks in HK shall be revised with reference to numerous initiatives developed in the regulatory systems in Singapore, Taiwan, Us and EU. The possible key regulatory barriers which leads to the delays in new drugs approvals in HK includes duplication of certificates, limited number of Pharmacy and Poison Board meetings, the requirement of endorsement of new drugs approvals at the legislative council , absence of in-house evaluation system which allows full assessment of submission dossier, deficiency of clinical trials with the inclusion of local population, absence of electronic submission, multiple evaluation routes and rigorous post-marketing pharmacovigilance monitoring system. If the Department of Health (DoH) in Hong Kong could scrutinize the current regulatory frameworks with referenced to these countries, it will improve the overall drug regulatory system and reduce drug lag due to unnecessary barriers.<br>published_or_final_version<br>Public Health<br>Master<br>Master of Public Health
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Martus, Christopher E. "The distribution and objectives of local forestry-related ordinances in the United States." Thesis, This resource online, 1992. http://scholar.lib.vt.edu/theses/available/etd-08042009-040400/.
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Goetsch, M. Shannon. "Analysis of the United States Trustee program." CSUSB ScholarWorks, 1991. https://scholarworks.lib.csusb.edu/etd-project/836.
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Bulkley, Celeste. "Evaluating Dynamic Explanations for Immigration Legislation." Honors in the Major Thesis, University of Central Florida, 2004. http://digital.library.ucf.edu/cdm/ref/collection/ETH/id/707.
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This item is only available in print in the UCF Libraries. If this is your Honors Thesis, you can help us make it available online for use by researchers around the world by following the instructions on the distribution consent form at http://library.ucf<br>Bachelors<br>Arts and Sciences<br>Political Science
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Alarcon, Richard Alfred. "An assessment of the impact of the European single market act on the United States' telecommunications industry and market." Thesis, Georgia Institute of Technology, 1989. http://hdl.handle.net/1853/29786.
Texte intégralLivres sur le sujet "Investments – Law and legislation – United States"
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Michael, Gruson, Markham Jerry, and Roiter Eric, eds. United States securities and investment regulation handbook. Graham & Trotman, 1992.
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Peat, Marwick, Mitchell and Company. Investment in the United States. Executive Office, Peat, Marwick, Mitchell, 1987.
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Eugene, Marans J., ed. Manual of foreign investment in the United States. 3rd ed. Thomson/West, 2004.
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Bruce, Charles M. United States taxation of foreign trusts. Kluwer Law International, 2000.
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M, Levey Marc, ed. Foreign investment in the United States: Law, taxation, finance. J. Wiley, 1989.
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Vandevelde, Kenneth J. United States investment treaties: Policy and practice. Kluwer Law and Taxation, 1992.
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C, Goodwin Robert, and Calabrese Michael R. 1956-, eds. Legal environment for foreign direct investment in the United States. 3rd ed. International Law Institute, 1994.
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A, Donaldson Samuel, and Postlewaite Philip F. 1945-, eds. United States international taxation. 2nd ed. LexisNexis, 2011.
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Library of Congress. Congressional Research Service, ed. Foreign investment in the United States: Major federal restrictions. Congressional Research Service, Library of Congress, 1988.
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J, Turcon Rémi, ed. Foreign direct investment in the United States: Legal aspects for foreign investors. Sweet & Maxwell, 1993.
Trouver le texte intégralChapitres de livres sur le sujet "Investments – Law and legislation – United States"
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Baughan, Joan Sylvain, and Deborah Attwood. "Food Packaging Law in the United States." In Global Legislation for Food Packaging Materials. Wiley-VCH Verlag GmbH & Co. KGaA, 2010. http://dx.doi.org/10.1002/9783527630059.ch13.
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Boyne, Shawn Marie. "Financial Incentives and Truth-Telling: The Growth of Whistle-Blowing Legislation in the United States." In Ius Comparatum - Global Studies in Comparative Law. Springer International Publishing, 2016. http://dx.doi.org/10.1007/978-3-319-25577-4_15.
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Unikowski, Jonathan. "Substantive and Procedural Legislation in the United States of America to Combat Webcam-Related Child Sexual Abuse." In Information Technology and Law Series. T.M.C. Asser Press, 2019. http://dx.doi.org/10.1007/978-94-6265-288-0_12.
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Keeffe, Mary, and Rittika Ghosh. "Legislation, Case Law and Current Issues in Inclusion for the United States, Australia and India." In Inclusion, Disability and Culture. Springer International Publishing, 2017. http://dx.doi.org/10.1007/978-3-319-55224-8_20.
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Voetelink, Joop. "Limits on the Extraterritoriality of United States Export Control and Sanctions Legislation." In NL ARMS. T.M.C. Asser Press, 2021. http://dx.doi.org/10.1007/978-94-6265-471-6_11.
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AbstractThe sovereignty of states is reflected in the notion of jurisdiction, empowering them to enact and enforce laws and regulations, and to adjudicate disputes in court. The jurisdiction of states and the exercise thereof is primarily territorial, limiting the exercise of state authority to their respective national territories except in specific situations. However, in an increasingly globalized and interconnected world, it would be hard to maintain that a state should be denied the right to exercise its sovereign powers beyond national borders when there are reasonable grounds for doing so. Consequently, the exercise of extraterritorial legislative jurisdiction has become more accepted, although it is limited to particular situations and circumstances. These have to do with the exercise of jurisdiction over nationals, vessels and aircraft registered in or pertaining to the legislating state, as well as certain activities aimed at undermining the state’s security or solvency or which constitute crimes under international law. However, in principle it is not allowed to regulate activities of foreign nationals or entities operating wholly outside the legislating state’s territory. One area where this has become increasingly prevalent is through the exercise of export controls over foreign nationals and legal persons. The United States (US) has long been engaged in the exercise of this type of extraterritorial jurisdiction and is, without doubt, the state that is most proactive in doing so. This chapter considers US extraterritorial claims with respect to its export control and sanctions legislation and explores the limits of this practice under public international law.
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Pantano, Fabio. "Anti-discrimination Law and Limits of the Power of Dismissal: A Comparative Analysis of the Legislation and Case Law in the United States and Italy." In General Principles of Law - The Role of the Judiciary. Springer International Publishing, 2015. http://dx.doi.org/10.1007/978-3-319-19180-5_10.
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Celeste, Edoardo, and Federico Fabbrini. "Competing Jurisdictions: Data Privacy Across the Borders." In Palgrave Studies in Digital Business & Enabling Technologies. Springer International Publishing, 2020. http://dx.doi.org/10.1007/978-3-030-54660-1_3.
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Abstract Borderless cloud computing technologies are exacerbating tensions between European and other existing regulatory models for data privacy. On the one hand, in the European Union (EU), a series of data localisation initiatives are emerging with the objective of preserving Europe’s digital sovereignty, guaranteeing the respect of EU fundamental rights and preventing foreign law enforcement and intelligence agencies from accessing personal data. On the other hand, foreign countries are unilaterally adopting legislation requiring national corporations to disclose data stored in Europe, in this way bypassing jurisdictional boundaries grounded on physical data location. The chapter investigates this twofold dynamic by focusing particularly on the current friction between the EU data protection approach and the data privacy model of the United States (US) in the field of cloud computing.
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Petersmann, Ernst-Ulrich. "Rule of Law and Human Rights in Investment Arbitration—Need for Judicial Reforms." In Transforming World Trade and Investment Law for Sustainable Development. Oxford University PressOxford, 2022. http://dx.doi.org/10.1093/oso/9780192858023.003.0008.
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Abstract Chapter 7 discusses the need for reforming investment law and arbitration and the problems which bilateral WTO appellate arbitration could pose for the coherence of world trade law. Like international trade law, the historical evolution of investor–state arbitration reflects conflicting neo-liberal, state capitalist, and ordo-liberal conceptions of economic law. Case studies demonstrate that even if human rights were invoked as investor claims, as defences of the host state, by third-party interveners or by arbitrators ex officio, the impact of human rights law on arbitration awards tended to remain marginal, for example due to the more precise and higher investment protection standards in investment treaties. The investor biases in investment treaties and arbitration (e.g. offering foreign investors higher protection standards than domestic investors) require procedural and substantive reforms like stronger protection of public interest legislation in investment law and arbitration procedures. Yet, it remains doubtful whether the United States and China will give up their past resistance against EU proposals for transforming the multilateral arbitration procedures of the International Center for the Settlement of Investment Disputes and of the UN Commission on International Trade Law (UNCITRAL) into new forms of public law adjudication by multilateral investment courts.
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Thatcher, Mark, and Tim Vlandas. "Contested Internationalized Statism in the US." In Foreign States in Domestic Markets. Oxford University Press, 2021. http://dx.doi.org/10.1093/oso/9780198786085.003.0004.
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This chapter examines debates about openness towards Sovereign Wealth Fund (SWF) investments in the United States. Although the US is often seen as economically liberal and open, there has been powerful political pressure to restrict overseas investment. Congress has sought increased restrictions on grounds of national security. In contrast, traditionally the executive has favoured openness on grounds of free trade and foreign policy, although recent presidents have also supported greater controls. The outcome of these contending views has been low but directed internationalized statism as the legislative framework has become increasingly restrictive and discriminated against state investment. The case of the US shows the importance of executive and legislative interests and powers in influencing the level and form of internationalized statism. It also points to the need to go beyond labels of ‘liberal’ or ‘statist’ in analysing policies towards overseas states entering domestic financial markets.
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Smith, Don C., and Donald N. Zillman. "Energy Resilience in the United States." In Resilience in Energy, Infrastructure, and Natural Resources Law. Oxford University PressOxford, 2022. http://dx.doi.org/10.1093/oso/9780192864574.003.0012.
Texte intégralRésumé :
Abstract The concept of energy resilience in the United States received relatively limited attention until recently. During the 2017–2021 Donald Trump presidency, the emphasis was on ‘America First’ policies that included promotion of fossil fuels and disparagement of climate change science. In the run-up to the 2020 general election, then candidate Joe Biden included the concept of resiliency in his campaign platform but typically in the context of new job development and addressing climate change. Once in office, President Biden continued the theme of resiliency and linked it to addressing job development and climate change. He worked through a combination of executive orders, regulatory measures, and legislation. While Biden did not often use the words ‘energy resilience’, it was obvious that his administration’s efforts were informed by it. Meanwhile, during 2020–2021 the U.S. was beset with challenges to its democratic foundation.
Actes de conférences sur le sujet "Investments – Law and legislation – United States"
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Hanson, John. "The Federal Government’s Role in Enabling the Nuclear Renaissance and a Low-Carbon Energy Future." In ASME 2012 International Mechanical Engineering Congress and Exposition. American Society of Mechanical Engineers, 2012. http://dx.doi.org/10.1115/imece2012-89997.
Texte intégralRésumé :
The electric power industry in the United States will face a number of great challenges in the next two decades, including increasing electricity demand and the aging of the current fleet of power plants. These challenges present a major test for the industry, which must invest between $1.5 trillion and $2 trillion by 2030 to meet the increased demand. In addition to these challenges, the potential for climate legislation, controversy over hydraulic fracturing, and post-Fukushima safety concerns have all resulted in significant uncertainty regarding the economics of all major sources of base-load electricity. Currently nuclear power produces 22% of the nation’s electricity, and over 70% of the nation’s low-carbon electricity, even though unfavorable economic conditions have stalled construction of new reactors for over 30 years. The economics are changing, however, as evidenced by the recent construction and operating licenses (COLs) awarded by the Nuclear Regulatory Commission to Southern Company and SCANA Corporation to build two new units each. The successful construction of these units could lead to more favorable financing for future plants. This improved financing, especially if combined with appropriate additional government support, could provide serious momentum for the resurgence of nuclear power in the United States. The most important way in which government support could benefit nuclear power is by increasing the amount of loan guarantees provided to the first wave of new nuclear power plants. This will help encourage additional new builds, which will help reduce the financing risk premium for new nuclear and improve interest rates for future plants. Instead of simply increasing loan guarantees for nuclear energy, a permanent federal financing structure should be established to provide loan guarantees for “clean energy” technologies in general, a category in which nuclear energy should be included. Most importantly, any changes should be made as part of a coherent, long-term energy policy, which would provide utilities with the correct tools to make the necessary investments, and the confidence that will allow them to undertake large-scale projects.
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Borbor, J. D., Katinka C. Van Cranenburgh, and Christiaan W. F. Luca. "Social Risk Management as a Response to Increasing International Pressure for Social Performance." In SPE Annual Technical Conference and Exhibition. SPE, 2021. http://dx.doi.org/10.2118/206240-ms.
Texte intégralRésumé :
Abstract In the past decades, financial institutions have led the way for companies to adhere to international standards for social performance. The journey began in the Industrial Revolution, when negative societal business impacts rapidly escalated, which led people to demand for their management. Initially focused on working conditions, impacts on the environment soon started to gain notice. Halfway through the 20th century, a combination of oil spills and mass media attention generated enough public pressure for the United States to sign the first piece of legislation requiring the environmental impact assessment. With this law and its replication abroad, however, came the concern with social impacts as well. Both environmental and social performance expectations soon spread internationally and, by the 1980s, multilateral financial institutions, most prominently the World Bank, incorporated such considerations into their investment and lending practices, which is the source of all such international standards today. These standards require the establishment of a social management system to integrate risk and impact management processes and stakeholder engagement activities. Given the challenge of implementing these requirements, a social risk management development framework is proposed to bring together the extensive and multidisciplinary demands of effective social performance. Five development areas are proposed: governance, social policy, tools, resourcing and capacity, and knowledge sharing. This is an important step to take today as it is expected that the next decades will see these international demands increase, possibly by ever increasing governmental regulation.
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Garajová, Michaela. "The Applicable Law for the Third-Party Effects of Assignment of Claim – the Approach of the United Kingdom." In COFOLA INTERNATIONAL 2020. Brexit and its Consequences. Masaryk University Press, 2020. http://dx.doi.org/10.5817/cz.muni.p210-9801-2020-5.
Texte intégralRésumé :
The European Commission proposed a new regulation related to the law applicable to third-party effects of the assignment of claims. By this regulation the European Commission is aiming at increasing cross-border transactions, investments and market integration. However, the proposal is facing negative positions of member states, especially the United Kingdom. Even though the United Kingdom will not be obliged to follow the rules from the proposal, because it will come into effect after the transition period ends, its approach on this matter will regulate the third party effects of the assignment of claims in case the of cross-border transactions between a person from a member state and from the United Kingdom. Taking into account the difference between the approaches of the European Union and the United Kingdom, persons involved may get into more legal uncertainty than before.
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Kochkarov, Ruslan, and Zulfiya Chochueva. "Legal mechanisms for countering the financing of terrorism." In East – West: Practical Approaches to Countering Terrorism and Preventing Violent Extremism. Dela Press Publishing House, 2022. http://dx.doi.org/10.56199/dpcshss.iyia7043.
Texte intégralRésumé :
The financing of terrorism, as an illegal criminal act, was first proposed at the international level in the United Nations Declaration of 1994. The idea was further developed in United Nations Security Council Resolution No. 1373 adopted in 2001. This document obliged all member states of the UN Security Council to introduce into their criminal legislation norms governing prosecution for activities related to the provision or collection of funds to finance terrorism. This study aims to analyze the corpus delicti of terrorist financing and investigate the need to introduce this article into the legislation of the Russian Federation. Modern times are characterized by the high growth of terrorist crimes, involvement in terrorist groups, and financing this criminal activity. The problem of combating terrorism is international. Countering this phenomenon and strengthening international cooperation to maintain the rule of law and legal order has been relevant for the past few decades. The authors of the research work consider the obligations of the Russian Federation arising from the requirements of the international community and the international legal framework. International cooperation allowed to establish the official recognition of the financing of terrorism at the legislative level as criminal and punishable.
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Wike, Andrew, Randall A. Hall, Rex Miller, and Rebecca L. Hays. "The Use of Simulators to Comply With Legislated Pipeline Controller Proficiency Testing." In 2002 4th International Pipeline Conference. ASMEDC, 2002. http://dx.doi.org/10.1115/ipc2002-27104.
Texte intégralRésumé :
In the United States, recent legislation has dictated that by October 2002, all personnel that perform tasks that can affect the safety and integrity of pipeline operations (“covered tasks”) must have demonstrated that they are “qualified” to perform those tasks. Around the world, governments are considering passing equivalent legislation to require control room staff (and other operations personnel) to demonstrate their proficiency. The U.S. Department of Transportation has instituted the “Operator Qualification” rule in 49CFR Part 192 Subpart N (natural gas), and Part 195 Subpart G (hazardous liquids). After October 27th 2002, it will be unlawful for anyone performing a covered task not to have demonstrated proficiency in that task, unless they are under the direct supervision of a “qualified” person. While the rule applies to anyone performing a covered task, this paper concentrates simply on pipeline controllers. One specific focus of the law is the demonstration that staff are qualified to perform covered tasks under both normal and abnormal conditions. For control room staff, abnormal conditions occur only rarely, and the likelihood that any one individual is in the control room when a pipeline incident occurs is slim, at best. Simulation is uniquely situated to help train and qualify control room staff. Not only can pipeline controllers, as part of their training, be repeatedly exposed to abnormal conditions in a safe environment, but structured testing involving simulated abnormal conditions can also demonstrate qualification to react appropriately. This paper summarizes key points of the U.S. legislation, and introduces pipeline controller training simulators in outline. The experiences of three operating companies in their use of simulators to comply with legislated proficiency testing are recounted.
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Radulovic, Ana. "FINANCIAL CRISES AND STRUCTURAL CHARACTERISTICS OF THE ECONOMY." In 6th International Scientific Conference ERAZ - Knowledge Based Sustainable Development. Association of Economists and Managers of the Balkans, Belgrade, Serbia, 2020. http://dx.doi.org/10.31410/eraz.2020.99.
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Economic structures are a major cause of long-term growth or stagnation. Different economic structures have different ranges of structural learning, innovation, and different effects on income distribution, which are key determinants of economic performance. Through theory about economic structures it is explained why institutions work differently in space and time. This paper shows using a case study in the United States, that the source of recent financial crises rests on the structural characteristics of the economy. Constant deindustrialization is increasing inequality, and a debt-intensive credit boom has emerged to offset the deflationary effects of this structural change. The strong application of the austerity system in Europe and other parts of the world, even after the evidence points to less frugal policies, illustrates the theory of power it has over public policy. The economic structure should be put at the center of analysis, to better understand the economic changes, income disparities and differences in the dynamics of political economy through time and space. This paper provides a critical overview of the rapidly developing comparative studies of institutions and economic performance, with an emphasis on its analytical and political implications. The paper tries to identify some conceptual gaps in the literature on economic growth policy. Emphasis is placed on the contrasting experiences of East Asia and Latin America. This paper argues that the future investments in this field should be based on rigorous conceptual difference between the rules of the game and the game, and between the political and institutional, embedded in the concept of management. It also emphasizes the importance of a serious understanding of the endogenous and distributive nature of institutions and steps beyond the narrow approach of property law relations in management and development. By providing insights from the political channels through which institutions affect economic performance, this paper aims to contribute to the consolidation of theoretically based, empirically based and relevant to policy research on political and institutional foundations of growth and prosperity.
Rapports d'organisations sur le sujet "Investments – Law and legislation – United States"
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VerWey, John. No Permits, No Fabs: The Importance of Regulatory Reform for Semiconductor Manufacturing. Center for Security and Emerging Technology, 2021. http://dx.doi.org/10.51593/20210053.
Texte intégralRésumé :
Congress has advanced legislation to appropriate $52 billion in funding for the CHIPS for America Act, which aims to increase semiconductor manufacturing and supply chain resilience in the United States. But more can be done to improve the resiliency of U.S. access to microelectronics beyond manufacturing incentives. This report outlines infrastructure investments and regulatory reforms that could make the United States a more attractive place to build new chipmaking capacity and ensure continued U.S. access to key inputs for semiconductor manufacturing.
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Espinoza, Daniel, Michael Griffith, Dion Burns, and Patrick M. Shields. Federal and State Resources for Students Experiencing Homelessness. Learning Policy Institute, 2023. http://dx.doi.org/10.54300/546.264.
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Approximately 1.3 million public school students in the United States were identified by their schools or districts as experiencing some form of homelessness in 2019–20. The housing instability faced by these students is associated with a range of acute needs, including transportation, food insecurity, health care, and emotional and mental health. These challenges have negative impacts for student learning and are associated with lower academic achievement and attainment. This report reviews major federal and state sources of funding for students experiencing homelessness. It finds that federal funding is insufficient to achieve the goals of federal law and is unevenly distributed. Further, only four states provide dedicated funding to support students experiencing homelessness. It also examines federal and state funding for supporting students experiencing homelessness and offers recommendations to increase investments for and support students experiencing homelessness.
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Lazonick, William, and Matt Hopkins. Why the CHIPS Are Down: Stock Buybacks and Subsidies in the U.S. Semiconductor Industry. Institute for New Economic Thinking Working Paper Series, 2021. http://dx.doi.org/10.36687/inetwp165.
Texte intégralRésumé :
The Semiconductor Industry Association (SIA) is promoting the Creating Helpful Incentives to Produce Semiconductors (CHIPS) for America Act, introduced in Congress in June 2020. An SIA press release describes the bill as “bipartisan legislation that would invest tens of billions of dollars in semiconductor manufacturing incentives and research initiatives over the next 5-10 years to strengthen and sustain American leadership in chip technology, which is essential to our country’s economy and national security.” On June 8, 2021, the Senate approved $52 billion for the CHIPS for America Act, dedicated to supporting the U.S. semiconductor industry over the next decade. As of this writing, the Act awaits approval in the House of Representatives. This paper highlights a curious paradox: Most of the SIA corporate members now lobbying for the CHIPS for America Act have squandered past support that the U.S. semiconductor industry has received from the U.S. government for decades by using their corporate cash to do buybacks to boost their own companies’ stock prices. Among the SIA corporate signatories of the letter to President Biden, the five largest stock repurchasers—Intel, IBM, Qualcomm, Texas Instruments, and Broadcom—did a combined $249 billion in buybacks over the decade 2011-2020, equal to 71 percent of their profits and almost five times the subsidies over the next decade for which the SIA is lobbying. In addition, among the members of the Semiconductors in America Coalition (SIAC), formed specifically in May 2021 to lobby Congress for the passage of the CHIPS for America Act, are Apple, Microsoft, Cisco, and Google. These firms spent a combined $633 billion on buybacks during 2011-2020. That is about 12 times the government subsidies provided under the CHIPS for America Act to support semiconductor fabrication in the United States in the upcoming decade. If the Congress wants to achieve the legislation’s stated purpose of promoting major new investments in semiconductors, it needs to deal with this paradox. It could, for example, require the SIA and SIAC to extract pledges from its member corporations that they will cease doing stock buybacks as open-market repurchases over the next ten years. Such regulation could be a first step in rescinding Securities and Exchange Commission Rule 10b-18, which has since 1982 been a major cause of extreme income inequality and loss of global industrial competitiveness in the United States.