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1
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 (1 juin 2009) : 451–77. http://dx.doi.org/10.54648/trad2009019.
Texte intégralRésumé :
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.
2
Garmashev, Mikhail A., Julia A. Sakhno, Inna N. Peremyshlennikova, Natalya A. Sedova et Marina M. Staroselzeva. « Legal regulation of crowdfunding and investment platforms ». Linguistics and Culture Review 5, S3 (5 novembre 2021) : 958–66. http://dx.doi.org/10.21744/lingcure.v5ns3.1695.
Texte intégralRésumé :
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.
3
Lefeber, René. « Frontiers of International Law : Counteracting the Exercise of Extraterritorial Jurisdiction ». Leiden Journal of International Law 10, no 1 (mars 1997) : 1–7. http://dx.doi.org/10.1017/s0922156597000010.
Texte intégralRésumé :
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.
4
Kim, Min-Bae. « Enactment and Issues of Japan's Important Land Survey Regulation Act ». Korean Public Land Law Association 99 (30 août 2022) : 1–31. http://dx.doi.org/10.30933/kpllr.2022.99.1.
Texte intégralRésumé :
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.
5
Han, Wang, et 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 (16 mai 2022) : p104. http://dx.doi.org/10.22158/jepf.v8n2p104.
Texte intégralRésumé :
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.
6
Sulistina, Sulistina, Bayu Dwi Anggono, Al Khanif et 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 (31 août 2022) : 155. http://dx.doi.org/10.19184/jkph.v2i2.31524.
Texte intégralRésumé :
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.
7
Ibrahim, Maan Abdulqader. « Legal Aspects of Financial Investment Companies in Iraq Between Ambition and Reality ». Journal of AlMaarif University College 31, no 2 (31 décembre 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.
8
Shannon, Victoria. « Recent Developments in Third-Party Funding ». Journal of International Arbitration 30, Issue 4 (1 août 2013) : 443–52. http://dx.doi.org/10.54648/joia2013028.
Texte intégralRésumé :
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.
9
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 (5 octobre 2022) : 511–43. http://dx.doi.org/10.17803/2713-0525.2022.3.21.511-543.
Texte intégralRésumé :
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.
10
Vanheusden, Bernard. « Towards a Legal Framework in the EU for Brownfield Redevelopment ». European Energy and Environmental Law Review 12, Issue 6 (1 juin 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.
11
Shinkaretskaya, Galina Georgievna, et Tatiana Vladimirovna Rednikova. « Correlation of rights and interests of the circumpolar and other states in the use of the Arctic region ». Право и политика, no 1 (janvier 2022) : 12–22. http://dx.doi.org/10.7256/2454-0706.2022.1.37286.
Texte intégralRésumé :
The severe natural conditions of the Arctic have impeded the economic development of the region for centuries. The norm for the recognition of special rights of circumpolar states to establish their own legal order in the region was established as a result of international custom. The application the generally accepted United Nations Convention on the Law of the Sea allowed the Arctic countries to establish the own zones of jurisdiction, which enables the extraction of natural living and mineral resources. Such jurisdiction was also extended to shipping routes that require constant maintenance and significant investments; thus the shipping routes are close to acquiring the status of canals. However, the climate warming and ice melt have turned the Arctic from the isolated region with limited geopolitical and geoeconomic significance to the next frontier of opportunities for the world’s countries. There is currently no single all-encompassing treaty on the use of the Arctic. The legal order consists of the regional and subregional agreements, national legislation, and soft law. The circumpolar states actively and extensively used the provisions of the United Nations Convention on the Law of the Sea (1982) for establishing the limits and legal regime of the zones of own jurisdiction in the Arctic Ocean. In May 2008, five Arctic coastal states signed the so-called Ilulissat Declaration, acclaiming the current trends in the development of legal order in the Arctic. For ensuring the political, economic interests of the Arctic states in the region, as well as global security and protection of regional environmental sensitive to detrimental effects, it is necessary to develop a uniform position of the coastal states on the entirety of regional problems in view of the growing activity of the non-Artic states that declare their national interests in the Arctic region.
12
Kharitonova, Julia S., et Larisa V. Sannikova. « DIGITAL FINANCIAL TOOLS FOR SOCIALIZING PRIVATE LAW ». Vestnik Tomskogo gosudarstvennogo universiteta. Pravo, no 39 (2021) : 208–24. http://dx.doi.org/10.17223/22253513/39/16.
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Nowadays, the law is being transformed as a regulator of relations. The idea of strengthe-ning the regulatory role of technologies in the field of streamlining public relations is making much headway in the world. This trend is most pronounced in the area of regulation of private relations. The way of such access to the market as crowdfunding is becoming increasingly widespread. The issuing of the so-called secured tokens is becoming popular for both small businesses and private investors. The trust in new ways of attracting investments is condi-tioned by the applied technology - the use of blockchain as a decentralized transparent data-base management system. Under these conditions, there is such a phenomenon as the democ-ratization of property relations. Every individual receives unlimited opportunities to invest via technologies. Thus, legal scholars all over the world face the question about the role of the law and law in these relations? We believe that we are dealing with such a worldwide trend of regulating public relations as the socialization of the law. Specific examples of issuing tokens in Russia and abroad show the main global trends in the transformation of private law. The platformization of economics leads to the tokenization and democratization of property relations. In this aspect, the aim of lawyers should be to create a comfortable legal environment for the implementation of projects aimed at democratizing property relations in Russia. The socialization of private law is aimed at achieving social jus-tice and is manifested in the creation of mechanisms to protect the rights of the weak party and rules to protect private investors. Globalization requires the study of both Russian and foreign law. To confirm their hypothesis, the authors conducted a detailed analysis of the legislation of Russia, Europe and the United States to identify the norms allowing to see the process of socialization of law in the above field. The generalization of Russian and foreign experience showed that when searching for proper legal regulation, the states elect one of the policies. In some countries, direct regulation of ICOs and related emission relations are being created, in others, it is about the extension of the existing legislation to a new changing tokenization relationship. The European Union countries are seeking to develop common rules to create a regulatory environment to attract investors to the crypto industry and protect them. Asian countries are predominantly developing national legislation in isolation from one another, but most of them are following a unified course to encourage investment in crypto assets while introducing strict rules against fraud on financial markets. The emphasis on the protection of the rights of investors or shareholders, token holders by setting a framework, including private law mechanisms, can be called common to all approaches. This is the aim of private law on the way to social justice.
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Yakusheva, E. E. « Investment Partnership in the realm of Other Forms of Joint Ventures Existing in Russia in comparison with US Limited Partnership ». Lex Russica 74, no 10 (12 novembre 2021) : 147–55. http://dx.doi.org/10.17803/1729-5920.2021.179.10.147-155.
Texte intégralRésumé :
Globally the developed countries economies exist in conditions of ever-increasing competition. In recent decades, the states whose economy is based on modern technologies, the introduction of innovations and the creation of a favorable environment for their emergence has gained some advantage. Venture investment is an important component of the innovation economy, without which it is difficult to imagine the rapid development of new technologies. Under these conditions, the task of the legal systems of developed countries has become to create a legal framework for venture investment: convenient, transparent and understandable for national and international investors.In Russia, an important stage in the creation of a legal infrastructure for investment was the adoption of the Federal Law “On Investment Partnership” in 2011, designed to provide the investment community with contractual organizational and legal forms of collective investment activity, taking into account the specifics of the implementation of venture (especially risky) business projects. The Russian investment partnership is a direct analogue of the American limited partnership (limited partnership).The paper considers the main advantages of an investment partnership over other forms of collective investment activity, as well as analyzes some aspects of the regulation of investment partnerships in Russia and limited partnerships in the United States. The author concludes that an investment partnership is the optimal form of collective investment activity provided for by Russian legislation. There is no doubt that the general proximity of the construction of an investment partnership and a limited partnership, common in the United States (and other common law countries), makes an investment partnership the most attractive form of attracting foreign investment to the Russian market.
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Herbots, Jacques. « Les contrats commerciaux OHADA dans une perspective congolaise. Vers un droit général commun des obligations contractuelles ? » European Review of Private Law 23, Issue 1 (1 février 2015) : 47–80. http://dx.doi.org/10.54648/erpl2015004.
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Abstract: The economists agree that actually the African economies did take off. A further growth, however, needs investments. Attracting these investments is precisely one of the purposes of the African Union with her 54 Member States and of - in a geographically more limited area - the OHADA, the organization for the harmonization of business law in mainly French-speaking Africa. The originality of the OHADA consists in the adoption of uniform Acts, which apply in all 17 Member States. It is only fair to say that through these uniform statutes the influence of France and that of the French juridical culture are perpetuated in Africa. In this paper, the OHADA legislation is described, more specifically from the perspective of one of the Member States, namely the Democratic Republic of Congo, the former Belgian colony. An overview of the uniform Acts relating to the following commercial contracts is given: sale, arbitration agreement, carriage of goods by land, lease for professional purposes, lease of the management of a business, agency and brokerage, pledge, surety, and other guarantees. The uniform Acts modernize the outdated law of the Member States. Some of the introduced innovations are the Trade and Personal Property Credit Register and the Trustee for the guarantees. The French law as it stands in our days (including e.g. the trust-like device of the "fiducie") serves as a model, but so does the United Nations Convention on Contracts for the International Sale of Goods (CISG) and the UNIDROIT Principles. The latter is not faithfully followed, though. For instance, the remedy of the anticipatory breach (provided for in the CISG) did disappear out of the revised uniform Act relating to the general commercial law. The unilateral avoidance for breach of contract (provided for in the UNIDROIT Principles), on the other hand, is only by exception allowed and the exceptional circumstances are not defined. The creditor must normally thus apply to the court for an order resolving the contract. The non-commercial special contracts continue to be regulated by the national law of each Member State. This can produce odd effects, so is the ownership of the goods sold transferred to the buyer at the very moment of the agreement of the contracting parties according to the Congolese Civil Code, while the ownership of the goods sold in Congo by commercial contract takes place at the moment of the delivery since the joining of the OHADA. In the present state of affairs, the general law of contracts (as opposed to the OHADA special rules for the different nominate contracts) remains also part of the national law of the Member States. Obviously, this has to change by all means, if one wants the harmonization of the commercial contracts. This article deals therefore also with a text that should become the cornerstone of the OHADA legislation, i.e., the preliminary draft on general contract law. It follows as close as possible the UNIDROIT Principles and there are good reasons for this, as explained by the draughts man professor M. Fontaine. Unfortunately, this draft is momentarily blocked off backstage by some lawyers steeped in the myth of the French legal culture. It may indeed seem hard to imagine, for instance, that the causa disappears! But then also does the consideration in the UNIDROIT Principles.
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Boscariol, John. « At the Cross-Roads of US and Canadian Trade Controls : The Cuba Conflict ». Global Trade and Customs Journal 5, Issue 6 (1 juin 2010) : 237–49. http://dx.doi.org/10.54648/gtcj2010029.
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Canada and the United States are each other’s best trading partners. Our supply chains are deeply integrated. Corporate ownership criss-crosses the border many times over. In the context of foreign policy, although we have differed from time to time in the past, we generally target the same list of ‘bad actors’ – Iran, North Korea, Myanmar among them. Indeed, many of our sanctions programmes have been adopted pursuant to the same United Nations Security Council resolutions that are applied in similar fashion by UN member countries. Our controls on the export of goods and transfer of technology arise from our common commitments under the 1996 Wassenaar Arrangement on Export Controls for Conventional Arms, Dual-use Goods, Technology and other international agreements. It should come as no surprise therefore that in this environment many companies impose a single set of rules or principles regarding export controls and doing business with sanctioned countries. Under the assumption that Canadian and US laws are similar and, that any differences arise from more restrictive elements of US policy, a common default approach is for US companies to graft their US-based export control, economic sanctions policies, and procedures on to their Canadian operations; even some Canadian-based companies doing business in the United States will follow this approach. This is problematic for a number of reasons. Contrary to popular belief, Canadian export controls and economic sanctions can be more restrictive than those of the United States – aspects of the control regime for cryptographic goods and technology and the rules governing trade with and investment in Myanmar are two such examples. More importantly, there are instances in which there is direct conflict between Canadian and US law – that is, compliance with the requirements of one nation’s laws results in contravention of the laws of the other. Two examples of such conflict arise with US military controls under the International Traffic in Arms Regulations and Canadian human rights legislation and with Cuban trade and investment. The latter conflict is the focus of this article.
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Berge, Tarald Gulseth, et Ole Kristian Fauchald. « International Organizations, Technical Assistance, and Domestic Investment Laws ». World Trade Review 22, no 1 (13 janvier 2023) : 147–72. http://dx.doi.org/10.1017/s1474745622000453.
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AbstractCan supranational actors influence domestic policy? In this article, we study how international organizations have sought to shape the contents of domestic laws aimed at protecting foreign investment. Traditionally, the influence of international organizations on public policy has been assumed to run through loan conditionalities. We build on a recent strand of literature indicating that international organizations can also influence public policy through technical assistance. Empirically, we present a cross-sectional mapping of the protection that states offer foreign investors in domestic investment laws, and a mapping of the advisory activities of the three main organizations offering technical assistance on foreign investment laws: the United Nations Conference on Trade and Development, the Organization for Economic Co-operation and Development, and the World Bank. We find that there are significant variations in protection offered under domestic investment laws, and variation in international organizations’ technical assistance over time and across organizations. To explore technical assistance as a causal mechanism for influence on public policy more closely in this field, we conduct a case study of the development of domestic investment legislation in Bosnia and Herzegovina.
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Upston-Hooper, Karl, Karoliina Anttonen et Michael Mehling. « Breathing Life into the Carbon Market : Legal Frameworks of Emissions Trading in Europe ». European Energy and Environmental Law Review 16, Issue 4 (1 avril 2007) : 96–115. http://dx.doi.org/10.54648/eelr2007011.
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Directive 2003/87/EC establishes a scheme for “greenhouse gas emission allowance trading within the Community in order to promote reductions of greenhouse gas emissions in a cost-effective and economically efficient manner.” Given its adoption as a directive, the achievement of this mandate largely depends on the domestic implementation by Member States, and in particular on the creation of a functional carbon market enabling the price mechanism to signal investment decisions throughout Europe. Unlike many other commodities, however, emission allowances are a legal construct, and the legal frameworks reifying them are of crucial importance. Domestic regulation of taxation, financial services, insolvency, and accounting issues, to name but a few, all hold the potential to compromise the development of a liquid market. Based on an extensive survey of the implementing legislation adopted in Finland, Germany, Sweden, and the United Kingdom, this article identifies some of the main challenges faced by the Member States in the evolving carbon market, highlighting aspects whose treatment differs and may lead to conflicts or inconsistencies.
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Auzin, I. S. « Investment banking as a promising area of banking ». Scientific notes of the Russian academy of entrepreneurship 21, no 2 (9 juillet 2022) : 26–30. http://dx.doi.org/10.24182/2073-6258-2022-21-2-26-30.
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Financial market participants are constantly trying to implement the adaptation of modern foreign products of banking institutions and innovative service tools as the formation of certain competitive advantages in this market.The Russian financial market is quite dynamic. It is no coincidence that many financial analysts note the fact that Russia is characterized by profound changes in the economic sphere, and especially in the banking services market.As banking institutions, it is customary to consider such organizations that collect funds from citizens of the country with special tools established by law, as well as transfer this capital to the process of use by various legal entities on the basis of the principle of repayment.Over the past few years, the banking institutions themselves have gradually changed their own status with the transformation from an additional financial instrument of the largest corporations into individual players in the market. A fairly rapidly developing area of such banking activity is investment banking (in other words, investment banking).For the first time, investment banking began to appear in the United States in the 30s of the last century, when, on a legislative basis, such banks were united into a separate conglomerate in order to manage the risks that arose as part of speculative operations in financial markets through deposits and customer deposits. This separation was further abolished, and commercial banks were again given the right to provide investment services.The subject of research in the article is the economic relations that arise in the process of intermediary activities of investment banks. The research results consist in identifying the actual features of the development of investment banking within the framework of the main types of investment activities of banks. The author substantiated the advantages of investment banks functioning as financial institutions, the main task of which is to attract investments for companies on a commercial basis or for state and municipal authorities.
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Sereda, Olena, Yuliia Burniagina et Nataliia Halkina. « Standards of professional development of employees : international experience and current prospects in Ukraine ». Law and innovative society, no 1 (18) (30 juin 2022) : 43–56. http://dx.doi.org/10.37772/2309-9275-2022-1(18)-4.
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The scientific article examines the international standards of professional development of workers enshrined in the basic legal acts of the United Nations (Universal Declaration of Human Rights, International Covenant on Economic, Social and Cultural Rights, Conventions and Recommendations of ILO), Council of Europe (European Social Charter (revised), EU (Recommendations and Directives). The provisions of laws and bylaws of Ukraine on the professional development of employees are analyzed. Based on the analysis of international acts and norms of national legislation on professional development, we propose to identify the following standards of professional development of employees: high-quality training of qualified personnel in accordance with state policy priorities; ensuring proper organization of professional development of employees; equal access to professional development programs; continuity, fresh of the process of professional development; constant investment in professional development of staff; introduction of effective mechanisms for motivating staff to professional development and continuing education; compulsory professional development; practical orientation of advanced training programs. The conclusion is made about that the international experience in the field of professional development of employees is taken into account in the development of the national legislative field. Іt is proposed to launch an experimental project in the field of professional development of scientific, scientific-pedagogical, pedagogical workers during a special period; to increase opportunities for training and professional development of Ukrainian citizens abroad on the basis of equivalent tape exchange with other states; create favorable conditions for private investment, involvement of business in the professional development of employees, etc.
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Othman, Arez Mohammed Sediq. « Investment in Space Resources : Property Rights to Natural Resources Extracted in Space and the Position of Iraqi legal system ». Journal of University of Human Development 5, no 1 (21 janvier 2019) : 36. http://dx.doi.org/10.21928/juhd.v5n1y2019.pp36-43.
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In the second half of the last century, the space activities have increased paralleled with the rapid development in space technology. The greed of giant corporations has exceeded the universe and tried to reach resources outside Earth. Exploring other planets is not something new, while racing to reach the resources outside earth by private space exploration companies as human’s off earth destiny is quite recent. Many nations have plan to reach the moon by 2020 including the United States who has plan to establish a permanent base on moon by 2024. The ambition to reach outer space is not just for the scientific purposes, but rather to exploit resources form space. As long as space is a common sphere among all the nations, there are many treaties signed and ratified to lay down broad rules and principle to organize the area. Mining celestial materials is one of the issues that does not have a legal framework as private companies are eagerly trying to mine materials which are not existed on earth such as Helium three or any other bodies that are scarce on earth. Until now, the international community has not been successful in establishing a solid legal system to regulate outer space activities. Besides, there are attempts by some countries to have particular legislation allowing private companies to extract natural resources. However, technological, economic and military powers of countries are the major factors in exercising the activities outside our planet due to the special nature of such activities. This paper argues that despite the difficulties of having a consensus over a legal framework, there are many other issues that need to be taken into consideration. Further, the perspective of the Iraqi legal system is also examined with regard to the possibility of adopting particular law on outer space activities. It also argues that although the lack of advanced technological skills might avoid countries reaching outer space, it will not prevent states from adopting specific legislation to regulate private corporations’ attempt to explore in this field.
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Gilligan, George Peter. « SOX as a window on transference of corporate governance norms across jurisdictions ». Northern Ireland Legal Quarterly 60, no 4 (13 mars 2020) : 403–19. http://dx.doi.org/10.53386/nilq.v60i4.497.
Texte intégralRésumé :
This paper considers the issue of the transference of norms across jurisdictions in corporate governance contexts through the lens of an Australian case study. The paper focuses on the impacts of the United States of America (US) legislation the Sarbanes-Oxley Act 2002 (SOX) from an Australian perspective. The paper draws on a series of semi-structured interviews (n=14), with senior personnel of: accounting firms; business organisations; consumers; financial exchanges; government; institutional investors; investment banks; law firms; private investors; professional associations; and regulators. The findings from the study are that key stakeholders in Australia have taken notice of SOX and its effects in the US, but that the influence of SOX in specifically Australian contexts has been limited. The general perception in Australia seems to be that SOX has had some flaws in its inception and in its subsequent delivery in the US, but also that it has produced some positive outcomes. However, domestic factors and influences are overwhelmingly more important in shaping how financial regulation and corporate governance evolve in Australia. Therefore, it seems that SOX does not signify in any substantive way a regulatory hegemony emanating from the US that determines financial market regulation or the evolution of corporate governance in Australia.
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Moore, R. K., et R. M. Willcocks. « SOME COMMERCIAL ASPECTS OF PETROLEUM EXPLORATION AND MINING ». APPEA Journal 25, no 1 (1985) : 143. http://dx.doi.org/10.1071/aj84014.
Texte intégralRésumé :
The petroleum industry in Australia is at the centre of a web of complex laws. In addition to the legislation under which petroleum exploration and production tenements are granted there is a multiplicity of statutes and regulations, Commonwealth and State, which have a direct bearing on the conduct of those involved in exploring for or exploiting Australia's petroleum reserves. For example, the level of participation by foreigners is governed by the Commonwealth Foreign Investment Guidelines and the Foreign Takeovers Act 1975; the Commonwealth has control over the export of petroleum under the Customs (Prohibited Exports) Regulations and domestic markets are subject to the operation of the Crude Oil Allocation Scheme. The Commonwealth continues to have the right to regulate the transfer of funds to and from Australia under the Banking (Foreign Exchange) Regulations. Certain States such as South Australia and New South Wales have their own foreign investment guidelines.Not only this, there are revenue laws which govern very much the way in which petroleum projects are organised, interests transferred and otherwise dealt with and finance made available, such as State stamp duty legislation, Commonwealth income tax laws, and Commonwealth legislation imposing registration fees on dealings in exploration permits and production licences. A new tax, Resource Rent Tax, is to be introduced.Then there are laws which have an indirect bearing on petroleum activities such as the Companies Code which, in addition to governing the administration and organisation of companies, controls the way funds can be raised.The statutory and regulatory framework is only part of the picture. The rights and obligations of participants in petroleum projects as between themselves are almost always set out in a joint venture or joint operating agreement, the combination between the participants being known as an unincorporated joint venture. This form of business organisation is not a partnership; it is not the creature of legislation. Indeed it has been rarely referred to in Acts of Parliament. Problems arising under the joint venture agreement will be considered against the backdrop of the general law which unfortunately has seldom been called upon to resolve disputes between participants in joint ventures. An illustration of one of these rare instances is Brian Pty Ltd v United Dominions Corporation Ltd (1983), where the New South Wales Court of Appeal considered the fiduciary relationship of joint venturers.Despite this legislative and regulatory' backdrop and the uncertainties as to the true effect of joint venture agreements, the industry up until quite recently has survived with little litigation. This is no longer the case. Recent and pending litigation shows that there is no reluctance on the part of participants to take their disputes to court, often at great expense and with unfortunate results for previously close relationships. It must now be said that money spent to achieve proper and clear agreement on organisational and legal matters at the earliest stage of a project is money just as well spent as that on drilling and other operational activities.
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KOPAN, Тetiana. « MARKETING OF TELECOMMUNICATION AND INFORMATION TECHNOLOGIES : WORLD AND NATIONAL DIMENSIONS ». Ukrainian Journal of Applied Economics 4, no 4 (30 octobre 2019) : 32–40. http://dx.doi.org/10.36887/2415-8453-2019-4-4.
Texte intégralRésumé :
Introduction. The development of the information and communication technologies (ICT) market creates the conditions for further growth of other sectors of the economy. ICT companies provide companies, individuals and government with software, Internet, mobile and fixed communications, and so on. The purpose of the article is to study the current state of the ICT market in the world and in Ukraine, to identify major trends and threats for further development of the ICT market. Results. The ICT market is one of the largest dynamically developing markets in the world. Research conducted by leading consulting companies in the world shows that after 2020, the market can grow from 13 to 33 trillion and the blockchain market to 3.1 trillion $. International Data Corporation emphasizes that digital technologies and solutions can reach 60% of global GDP by the end of 2022. The world leader in the number of ICT corporations is the United States, with headquarters of the 65 world's largest companies, 20 in China, Taiwan - 17, Japan - 14, South Korea - 6, India - 5 companies. The IT services market accounts for 0,5% of the global IT services market. In Ukraine there are 125 registered self-employed individuals that are used by large companies to optimize their tax burden. Income of such American ICT companies such as Apple, Amazon, Alphabet, Microsoft significantly exceeds the size of the state budget of Ukraine, and part of the revenues from the ICT market occupies only 4,5% of GDP, which is clearly insufficient and is evidence of an economic development lag. Conclusions. The imperfection of domestic legislation, the lack of incentives for ICT organizations, the possibility to monopolize the market, the insecurity of the interests of individuals and private companies do not stimulate foreign investments in this sector of the economy. In spite of this, Ukraine has a great potential for its growth, for which it is necessary to develop a national concept and model for the development of the ICT market, to restrain the departure of specialists abroad, to ensure the implementation of the business-state partnership strategy, etc. Keywords: telecommunications market, IT market, telecommunications market and IT services, marketing research, investments, ICT companies.
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Rainero, Christian, Alessandro Migliavacca et Sara Reano. « Overheads as a Performance Indicator in the Local Public Sector Organizations ». International Journal of Business and Management 15, no 8 (29 juin 2020) : 1. http://dx.doi.org/10.5539/ijbm.v15n8p1.
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If we consider business forms from the point of view of satisfying needs, public companies are consumer companies that satisfy collective needs with the aim of redistributing income. They differ from production companies in that they do not have direct access to the market, so that the sources of financing derive from the taxes imposed by law, while the uses concern management costs, capital investments and debt repayments. Maintaining this interpretation, another category belonging to consumer companies is that of non-profit companies, which can be equated partially to public companies precisely because of the absence of a real market of reference and the finding of sources of funding for the performance of the activity mainly from external contributions without consideration. The only difference is inherent in the fact that such contributions cannot be imposed by law and are aimed at assisting and providing services and benefits to the community of reference, in the absence of profit and capital distribution. Therefore, if in the public sector performance is mainly and historically linked to the management of financial resources and public debt, in the field of nonprofit there is a different literature focused more on the control of economic aspects (and in particular the costs of the activity) as performance indicators of the company's activity. At the international level, and in particular in the United States, the use of the incidence of overheads is an element of examination to assess the performance of the non-profit sector. In this article, the subject of analysis is the possibility of using the overhead level to assess the performance of a public body. The analysis is carried out by comparing the incidence of overheads on the revenues of Italian municipalities in the years 2015-2017 with the performance indicators given by the deficit parameters established by current administrative legislation. From this analysis, it is possible to identify the presence of a correlation between the performance indicators and the incidence of overheads, in which the likelihood of the presence of “good”, “excellent” or “excellent” indicators is given by levels of overhead in the region of 10% of the total revenue assessed, with a margin of tolerance of 3% in positive for smaller entities (up to 5,000 inhabitants), and 3% in negative for larger entities.
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Clark, T. A. « The State—Local Regulatory Nexus in US Growth Management : Claims of Property and Participation in the Localist Resistance ». Environment and Planning C : Government and Policy 12, no 4 (décembre 1994) : 425–47. http://dx.doi.org/10.1068/c120425.
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Influenced possibly more by volume than substance, some scholars have concluded that significant progress is being realized in state-level land-use regulation in the United States. In truth, more time must pass before a definitive evaluation of the more comprehensive efforts can be made. In this critical paper I examine the statewide growth-management legislation of the four states having tripartite (local—regional—state) administrative hierarchies: Florida, Vermont, Maine, and Georgia. There and elsewhere, numerous structural compromises have won adoption. Bold declarations of regulatory intent are found here often to be wrapped around ambiguous and easily subverted administrative mechanisms and standards. With prima facie evidence of significant structural shortcomings in hand, I then restore focus on the founding debates in search of a synthesis that might be more supportive of regional growth management. Using the theory of local autonomy as a starting point, I disentangle the normative foundations of the Liberal ethic of local participation and ‘control’, and of private rights in property. The centralization of growth management is seen by its proponents as a means to regionalize the ‘public interest’ in land use, positing a new and more expansive norm defining the public's interest in private property. Opponents, on the other hand, resist the public encumbrance of private land, and find in centralization a regionalized ‘public’ desirous of greater control and less amenable to private influence. In these opposing views, however, lies the possibility of less conflicted, more efficacious regional growth-management enactments. Centralization, I conclude, can actually deepen the capacity for ‘local’ participation yet at the same time extend its domain to matters of regional concern. The result can improve the capability of the local state to manage spillovers, achieve more sustainable patterns of growth, and facilitate more satisfactory templates of private investment and equity accumulation.
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Matviishyn, Yevhen, et Yurii Vershyhora. « Prospects of using public and private partnership for the reconstruction of Ukraine in the post-war period ». Democratic governance 30, no 2 (31 décembre 2022) : 29–43. http://dx.doi.org/10.23939/dg2022.02.029.
Texte intégralRésumé :
Problem statement. Because of the military aggression of the Russian Federation, the Ukrainian people and the authorities face demanding challenges regarding the reconstruction of the country. One of the main priorities during the recovery in the post- war period is to find new, alternative sources of financing, in particular, using the advantages of public and private partnership (PPP). Analysis of recent research and publications. The proposals of Ukrainian and foreign researchers and practitioners regarding the PPP mechanism application for implementing the reconstruction of public and industrial buildings, construction and management of new highways, and other projects may be valuable for post-war reconstruction of Ukraine. Additional research on the PPP specifics in martial law and the post-war period is necessary to improve the regulatory and institutional support of public and private partnership and investment activities. Highlighting the previously unsolved parts of the general problem. Identification of opportunities for increasing the transparency of relevant measures, improving legislation related to the PPP, including in the field of concession instruments, development of proper institutional support for the PPP are significant areas of research related to the further development of public and private partnership in Ukraine, in particular, in the conditions of martial law and the post-war period. Presentation of the main material. Restoring the functioning of critical infrastructure facilities as soon as possible and gradual reconstruction of other objects which are necessary for the full life of the country are the essential tasks of Ukraine. It is not possible to put the financial burden only on the state and local budgets in a short period. Private investments should be attracted through the PPP mechanism, which, according to the experience of other countries, is one of the most effective ways to attract funds for developing the infrastructure and providing services to consumers in many fields. The experience of countries that have rebuilt their national economies after military conflicts in recent decades is helpful. The legislation of the Republic of Serbia uses the term "Public contract" and the concept of public and private partnership, which enables central and local authorities to meet infrastructure needs. The use of PPP in this country allows attracting private capital for construction and operation of roads, schools, water supply, landfills, and other projects in a lack of budgetary funds. The experience of other countries in promoting PPP development shows the effectiveness of the functioning of specialized institutions. For example, the Kosovo PPP Committee promotes and supports the implementation of PPP in many sectors of the economy to provide more efficient infrastructure and public services at a lower cost. According to the analysis of international experience, the most common reconstruction projects using PPP in the world are those implemented in the road and transport infrastructure, port, railway, and aviation activities, pipeline infrastructure development, stadiums, etc. The historical example of the aid of the United States of America to European countries after the Second World War is valuable. Accordingly, it is institutionally appropriate to provide help to Ukraine through a specialized agency with the participation of donor countries and in agreement with the International Monetary Fund and the World Bank. Similarly to the "Marshall Plan", it would be appropriate for aid recipients to provide detailed plans and reports on investment projects and the progress of their implementation to the created agency that would establish and regulate the relevant criteria and requirements. Creating the national coordinating body in Ukraine, developing a strategy and determining priorities for the country’s recovery, and forming the central and regional project management teams are necessary steps for combining public finance and private investment. It is essential, in particular, in conditions of concession, which provide for the transfer of the state or municipal property to a private investor for temporary use. Moreover, there should be provided the availability of information and transparency of the activities of relevant institutions and equal opportunities for potential private investors to participate in PPP projects for restoring Ukrainian facilities. Conclusions and prospects for further research. The public and private partnership mechanism aims at increasing the efficiency and quality of the implementation of reconstruction projects and commissioning the new facilities within the post-war reconstruction of Ukraine. The transparency of investment activities based on the PPP mechanism and the rational distribution of powers in cooperation with interested parties should play an important role. The experience of European countries that carried out reconstruction after military conflicts indicates the feasibility of developing institutional support for the PPP mechanism and transparency of information and activities of the relevant institutions. It is advisable to conduct further research on the problems of reconstruction of Ukraine involving the public and private partnership mechanism by improving the institutional support of investment processes in Ukraine.
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Nycum, Susan H. « Computer Crime Legislation in the United States ». Israel Law Review 21, no 1 (1986) : 64–89. http://dx.doi.org/10.1017/s0021223700008906.
Texte intégralRésumé :
Thirty-three states have enacted statutes that encompass in some way what is referred to in this paper as “computer crime”. In some states, computer crime laws are referred to as such only because of the inclusion of the word computer in some general provision. In others, complex and specific statutes exist.Each of the computer crime state statutes presently in effect has its own peculiar combination of a variety of possible offenses. The bulk of the statutes proscribe as computer crime a core set of activities such as accessing, altering, damaging or destroying a computer with the intent to devise or execute any scheme or artifice to defraud or deceive. This “computer crime”, and a few others to be outlined later, are found in a majority of the state statutes with some individual variations. This paper presents a list of computer crimes common to many of the statutes, describes variations in those crimes and examines in more detail the unusual crimes.
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Erpyleva, Natalia Yu. « Categories of foreign investments and foreign investor in the national legislation and international treaties of the member states of the Eurasian Economic Union ». Gosudarstvo i pravo, no 12 (2022) : 119. http://dx.doi.org/10.31857/s102694520023307-8.
Texte intégralRésumé :
This article discusses the notion of categories of foreign investments and foreign investor in the law of the EAEU member states through the prism of three levels of legal regulation: national legislation, bilateral and multilateral international treaties. The national legislation of the EAEU member states that regulates foreign investments, although is based on commonly used legal structures and instruments, within the framework of the conceptual apparatus can differ significantly in the recipient state of the foreign investments and in the state of origin of the foreign investor, which requires close attention and detailed study of the regulatory legal acts of each EAEU member state. Along with the rules governing foreign investments and the status of a foreign investor under Eurasian law, the EAEU member states apply the rules of bilateral agreements on the promotion and protection of investments that are in force not only between them, but also with the third states. In addition, there is also a multilateral international treaty for the four EAEU member states, namely the Moscow Convention of the CIS. This circumstance is due to the participation of Russia, Armenia, Belarus, Kazakhstan and Kyrgyzstan simultaneously in three integration processes – within the framework of the EAEU, the CIS and the SCO.
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Joyner, Christopher C. « United States legislation and the polar oceans ». Ocean Development & ; International Law 29, no 3 (janvier 1998) : 265–90. http://dx.doi.org/10.1080/00908329809546126.
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Kudryashova, Yuliya Mikhailovna. « Legislation on direct foreign investment in the Russian Federation and the United States : comparative-legal analysis ». Право и политика, no 7 (juillet 2020) : 61–73. http://dx.doi.org/10.7256/2454-0706.2020.7.33497.
Texte intégralRésumé :
This article analyzes the investment legislation of the Russian Federation and the United States. The subject of this research is the specific normative legal acts regulating direct foreign investments in the indicated countries, while the object is the relations emerging in the process of foreign investment activity. The author provides the examples of various factors in the area of foreign investment for the purpose of their comparison and determination of specificity of their practical implementation. The reference to doctrinal sources allowed to clearer explain the author’s position of the topic. The scientific novelty and relevance of this work are substantiated by examination of investment activity, which greatly impacts the economy of modern countries. The author’s special contribution lies in studying the experience of U. S. legislation with regards to direct foreign investments. The main conclusion consists in the fact that both jurisdictions have a well-developed mechanism for regulating investment relations, as well as both countries feature a number of restrictions that can face a foreign investor. The need for improvement of Russian legislation is underlined. The acquired results can be used in legislative and expert activity, as well as in further theoretical-legal research.
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Holoyda, Brian James. « Bestiality Law in the United States : Evolving Legislation with Scientific Limitations ». Animals 12, no 12 (12 juin 2022) : 1525. http://dx.doi.org/10.3390/ani12121525.
Texte intégralRésumé :
Societies have proscribed bestiality, or sex between humans and nonhuman animals, since the earliest recorded legal codes. In the early American colonies, religious prohibitions against bestiality provided the grounds for punishing those who engaged in such acts. In the 1800′s, Henry Bergh imported the animal welfare approach to the United States, which modernized the legislative treatment of animals in the country. Until recently, however, many laws in the U.S. have been outdated and vague and have utilized moralistic terminology. Since the 1960′s, a growing body of literature has developed suggesting that individuals who harm animals may also interpersonally offend. This concept, known as the Link, has served as a major motivation for advocates to promote new legislation criminalizing bestiality, to modernize old state statutes, and to expand penalties for individuals convicted of having sex with animals. Unfortunately, data supporting the Link between bestiality and interpersonal violence are limited and of questionable generalizability to the broad public. The Link’s weaknesses can assist in guiding further research. This article summarizes the history of bestiality law, the current state of bestiality legislation in the United States, the body of Link-related literature on bestiality and interpersonal violence and other problematic sexual behaviors, and the empirical weaknesses and needs revealed by this legislation.
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Greenlaw, Paul S., et John P. Kohl. « Comparative E.E.O. Law : Pregnancy Legislation in the United States and Taiwan ». Public Personnel Management 25, no 2 (juin 1996) : 209–18. http://dx.doi.org/10.1177/009102609602500207.
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Danilovskaia, Anna. « Criminal-legal protection of competition in the United States ». Юридические исследования, no 2 (février 2020) : 30–43. http://dx.doi.org/10.25136/2409-7136.2020.2.32254.
Texte intégralRésumé :
The subject of this research is the legislation and law enforcement in the area of criminal-legal protection of competition in the United States. The questions of counteracting encroachment upon competition alongside protection of rights of economic entities and consumers in case of unfair competition are one of the most relevant in the world. According to separate assessment, the U. S. antitrust legislation is recognized as most efficient. Its establishment, development, and application contributed to emergence of the generally accepted principles of protection of competition, such as per se and the rule of reason. Modern approaches towards restraint of violation of antitrust legislation determined the new trends in development of both, normative acts and judicial practice. Criminal legal protection of competition in the United States is characterized by strict prohibitions, high sanctions, presence of criminal-procedural authority of Antitrust Administration of the U. S. Ministry of Justice, as well as program of mitigation of responsibility for cartels. The goal of study lies in the analysis of legislation and law enforcement in the area of protection of competition in the United States for assessing the existing experience. The novelty consists in proposal of the author to take into account the U. S. experience with regards to countering encroachment upon competition, which can be valuable particularly in revision of the Article 178 of the Criminal Code of the Russian Federation, improvement of the program of mitigation of responsibility for cartels, systematization of the compositions of crime related to unfair competition, cooperation of anti-monopoly agencies and law enforcement authorities. The research results can be used in the work of Federal Anti-Monopoly Service, as well as educational process and scientific activity.
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Korotkikh, Alla. « Foreign direct investments in U.S. agricultural land ». Russia and America in the 21st Century, no 2 (2022) : 0. http://dx.doi.org/10.18254/s207054760019822-1.
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U.S. agricultural land remains attractive to foreign investors. As of December 31, 2020, foreign direct investment in this property amounted to $4.5 million, which is three times higher than in 2014. Foreign individuals and companies currently held an interest in nearly 15.2 million hectares of US agricultural land. This represents 2.9 percent of all privately owned agricultural land in the United States. Almost half of the reported foreign interest holdings of U.S. land are arable land and pastures, with timber and forestland accounting for 46 percent of the total acreage, which are mainly used by timber and "green" energy companies. Canadian investors own the largest amount of reported foreign-held agricultural land, with 32 percent. Foreign persons from an additional four countries, the Netherlands, Italy, the United Kingdom, and Germany collectively held 31 percent of the foreign-held acreages in the United States. The state of Texas has the largest amount of foreign-held U.S. agricultural land. Maine has the second, Alabama - the third largest amount of foreign-held agricultural land. Three states collectively held more than 25% of the reported foreign-held agricultural land in the United States, the vast majority of which is forestland. Current law imposes no restrictions on the amount of private U.S. agricultural land that can be foreign owned. However, several states have imposed certain prohibitions or restrictions on foreign ownership, but do not significantly inhibit foreign farmland ownership, while most states expressly allow foreign ownership. The US government controls direct investment flows. Federal law requires foreign persons and entities to disclose to USDA information related to foreign investment and ownership of U.S. agricultural land. The Agricultural Foreign Investment Disclosure Act of 1978 (AFIDA) and its federal regulations, implemented by USDA, established a nationwide system for the collection of information pertaining to foreign ownership of U.S. agricultural land. At the federal level, the Committee on Foreign Investment (CFIUS) authorized to review certain transactions involving foreign investment in the United States in order to determine the effect of such transactions on U.S. national security.
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Khanapurkar, Uday. « CFIUS 2.0 : An Instrument of American Economic Statecraft Targeting China ». Journal of Current Chinese Affairs 48, no 2 (août 2019) : 226–40. http://dx.doi.org/10.1177/1868102620906973.
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On 13 August 2018, the president of the United States signed a bill to strengthen the Committee on Foreign Investment in the United States (CFIUS), an interagency executive body responsible for screening foreign investments made in the United States for national security risks. The move is primarily aimed at preventing Chinese firms from exploiting the US open capital markets to acquire technology. While much commentary exists spelling out the changes made to CFIUS by way of the legislation, their focus is largely on the legal and business ramifications of the policy at the firm level. This analysis assesses what CFIUS strengthening portends for the tech ambitions, examines the Chinese state’s response to the move, and observes its relevance to US–China economic decoupling.
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Allen, J. Rodney. « The United States’ Application of Precaution in Managing Living Marine Resources ». International Journal of Marine and Coastal Law 26, no 4 (2011) : 643–66. http://dx.doi.org/10.1163/157180811x598718.
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AbstractThis article surveys the application of “precaution” by the United States (US) in its management of living marine resources. The US has not yet implemented the precautionary principle into its environmental legislation, but regulators, courts, and agencies often rely on precautionary approaches in applying the legislation. An overview of precaution, its background and a description of the many forms it can take is presented first, followed by an overview of the major US federal legislation intended to protect living marine resources, how regulators, courts and agencies apply precautionary approaches in applying the legislation and how federal rules allow individual states to manage living marine resources. A sampling of states and regional state alliances that have applied precautionary approaches is provided and finally a unique international agreement that applies precaution in managing the waters of the Great Lakes is assessed.
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Ravi, Kristen E., Beverly M. Black et Richard Hoefer. « State Teen Dating Violence School Legislation in The United States : A Content Analysis ». Partner Abuse 13, no 3 (1 juillet 2022) : 366–401. http://dx.doi.org/10.1891/pa-2021-0039.
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Teen dating violence (TDV) is a pervasive issue that can have a variety of negative effects on those who have been victimized. Prior research shows that state-level laws have an impact on the extent of TDV; however, scant research has analyzed the variations in the language used in the legislation. The present study analyzes the existing state legislation for addressing TDV in schools and compares the content of the legislation. This study provides a detailed analysis of each of the states’ legislation. It examines differences in how states conceptualize TDV and provides details demonstrating the variations of state legislation. We utilized qualitative descriptive content analysis and purposive sampling with maximum variation. A total of 27 states have legislation to address TDV in schools. Findings demonstrate that states have great variation in legislation addressing TDV in schools. Some states appear to take a minimalistic approach in specifying legislation on how schools should address TDV, other states provide their schools with general guidelines to address TDV, and a few states provide very specific guidelines for schools to follow. This study is an important step to understanding what components of state TDV legislation in schools are most universal and might impact the prevalence of TDV. Future research is needed to identify the components of state TDV legislation that are related to impacting TDV prevalence.
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Storm, Ansia, et Katrina Coetzee. « Towards Improving South Africa's Legislation On Tax Evasion : A Comparison Of Legislation On Tax Evasion Of The USA, UK, Australia And South Africa ». Journal of Applied Business Research (JABR) 34, no 1 (29 décembre 2017) : 151–68. http://dx.doi.org/10.19030/jabr.v34i1.10106.
Texte intégralRésumé :
The fight against tax evasion in South Africa is an ongoing battle. The tools available to law enforcement boil down to legislation and the enforcement thereof. The purpose of the study that was done for this article was to compare available legislation of the United States of America, United Kingdom, Australia and South Africa to determine if South Africa’s legislation can be improved. This was done by studying the relevant literature and legislation of all four countries. The findings, that there is some clauses that can be added to improve South Africa’s legislation, were confirmed by analyzing the legislation available. In theory, the results have proven that although South Africa’s legislation can compete with that of the United States of America, United Kingdom and Australia, there is some improvement that can be considered. This is of value to the individuals and professionals who deal with the offence of tax evasion on a daily basis, ensuring that the reviewed legislation will deter perpetrators or that the charges brought against them in the court of law will ensure harsher punishment.
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MURZAGALIYEVA, Assel M. « Formula of Investment Success : Comparative Analysis of Legislation for Investment Activities Development ». Journal of Advanced Research in Law and Economics 9, no 1 (23 septembre 2018) : 159. http://dx.doi.org/10.14505//jarle.v9.1(31).21.
Texte intégralRésumé :
Investments are an integral part of the modern economy, as they contribute to making a profit and achieving a positive effect. Therefore, the author chose this topic for study. The main purpose of the work is to determine the investment success, using the example of development of investment activities of the United States and Japan. The author found that 74% of all direct foreign investment of the United States is investment in developed countries, where you can get a good profit. First of all, American business invests in the Netherlands, Britain, Luxembourg, Canada, Ireland. Having studied the issue of investment success, the author derived a formula that promotes development. It includes liberal legislation, a government collegial body, additional mechanisms, free economic zones, access to the global market and internal potential. These components contribute to the development of investment activities.
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Page-Dumroese, Deborah S., Carlos Rodriguez Franco, James G. Archuleta, Marcus E. Taylor, Kraig Kidwell, Jeffrey C. High et Kathleen Adam. « Forest Biomass Policies and Regulations in the United States of America ». Forests 13, no 9 (2 septembre 2022) : 1415. http://dx.doi.org/10.3390/f13091415.
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Using woody biomass from public lands could attract private investments, increase carbon dioxide emission reductions from sustainably harvested low-grade wood to mitigate climate change, provide benefits for the environment, and support rural community economies. Available for use are about 210 million oven dry tons (in the western U.S. alone) of small-diameter wood and harvest residues that could be removed through hazard-fuel treatments and used for bioenergy and bioproducts; representing an economic value of approximately USD 5.97 billion (109). Reaching that utilization goal requires an assessment of current U.S. policies, regulations and directives influencing the use of forest biomass and identification of barriers, challenges, and potential opportunities associated with the use of woody biomass from public lands. One objective of this review is to support the implementation of the U.S. Department of Agriculture, Forest Service (USDA-FS) new effort called “Confronting the Wildfire Crisis: A Strategy for Protecting Communities and Improving Resilience in America’s Forests”, but greater coordination of public policies (regulatory legislation, government subsidies, support programs) at different government levels could increase adoption of forest biomass for bioenergy and bioproducts while also promoting different supply chains for long-term biomass supplies and industry investments. Harmonizing the definition of key biomass terms used by different programs that support using forest biomass for bioenergy and other bioproducts, including the Renewable Fuel Standard, may increase forest biomass use from public lands.
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Kanstroom, Emily. « Justifying Torture : Explaining Democratic States’ Noncompliance With International Humanitarian Law ». Frontiers : The Interdisciplinary Journal of Study Abroad 14, no 1 (15 décembre 2007) : 51–95. http://dx.doi.org/10.36366/frontiers.v14i1.202.
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This article presents an undergraduate student research project about the relationship of liberal democratic countries to international humanitarian law legislation through a comparison between the United States and France conducted in Paris, France.
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Horlick, Gary. « Climate Change Legislation in the United States and the WTO ». Global Trade and Customs Journal 4, Issue 4 (1 avril 2009) : 125–27. http://dx.doi.org/10.54648/gtcj2009015.
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Conley, John M., et Robert M. Bryan. « A survey of computer crime legislation in the United States ». Information & ; Communications Technology Law 8, no 1 (mars 1999) : 35–57. http://dx.doi.org/10.1080/13600834.1999.9965797.
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Nash, Marian. « Contemporary Practice of the United States Relating to International Law ». American Journal of International Law 88, no 2 (avril 1994) : 312–36. http://dx.doi.org/10.2307/2204103.
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By two circular notes, both dated December 22, 1993, the Secretary of State informed the Chiefs of Mission at Washington,,first, of recently enacted congressional legislation related to nonpayment of parking fines or penalties owed to the District of Columbia, and second, of a new policy with respect to payment of parking tickets, effective January 1, 1994, that the Department of State had initiated in response to congressional concerns about the problem and in cooperation with the District of Columbia.
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LI, XIAOJUN. « The Durability of China’s Lawmaking Process under Xi Jinping : A Tale of Two Foreign Investment Laws ». Issues & ; Studies 57, no 01 (10 février 2021) : 2150001. http://dx.doi.org/10.1142/s1013251121500016.
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On March 15, 2019, the National People’s Congress passed a long-anticipated Foreign Investment Law (FIL) after a short deliberation period of only three months. This expedited legislative process seems unusual, considering that the original draft of the FIL proposed by the Ministry of Commerce in January 2015 was tabled indefinitely after a brief period of public consultation. How can we explain this stark difference? Comparing the legislative processes and contents of the two laws, this paper shows that, as with many previous laws, bureaucratic politics likely contributed to an impasse in the 2015 draft, whereas external shocks—in this case, the escalating trade war between China and the United States—helped accelerate the deliberation process and the passage of the new FIL. These two cases demonstrate the durability of lawmaking institutions and procedures under Xi Jinping despite the recentralization of power in the executive after changes to the constitution.
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Maletić, Katarina. « International investment law and labour rights protection : A standard of fair and equitable treatment and indirect expropriation in the light of changes in host country labour law ». Pravo i privreda 59, no 1 (2021) : 35–51. http://dx.doi.org/10.5937/pip2101035m.
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The purpose of this paper is to answer the question whether investors may challenge domestic labour legislation by invoking breach of international investment agreements, in particular violations of fair and equitable treatment standard, as well as illegal expropriation of investments. The answer to this question is especially relevant for developing countries, such as the Republic of Serbia, which seek to harmonize their legal systems with international principles of labour rights protection. Therefore, the paper will explore the interpretations of the fair and equitable treatment standard and indirect expropriation given by arbitration tribunals and accepted among scholars, as well as their application with respect to the labour regulation changes. Particularly analysed is the relevant case law before arbitration tribunals dealing with the question whether host states may violate these standards by amending their domestic labour legislation. Research has shown that domestic labour regulation amendments may rarely be interpreted as indirect expropriation, while the fair and equitable treatment standard may be breached in case of unpredictable labour legislation changes which would significantly violate guarantees given by the state to attract foreign investments but cannot protect investors from the introduction of bona fide labour regulations.
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Denny, Danielle Mendes Thame, Douglas Castro et Emma Maxiao Yan. « AGENDA 2030 MEASUREMENTS AND FINANCE Interaction of International Investment Law and Sustainability ». Veredas do Direito : Direito Ambiental e Desenvolvimento Sustentável 14, no 30 (18 décembre 2017) : 53–76. http://dx.doi.org/10.18623/rvd.v14i30.1146.
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This work analyzes the Agenda 2030 in its main potentiality to lead public policies and private actions towards a more sustainable path. At the same time it acknowledges its dependency on measurements and finance mechanisms for the Sustainable Development Goals implementation. The main argument is that public expectations face difficulties to be translated in public actions, due to, among other factors, the lack of measurement and finance mechanisms. With this purpose it starts describing what is the Agenda 2030, and how this United Nations lead international declaration is structured to be monitored and implemented by States and others multi stakeholders. Secondly it analyses the importance of the measurements to address critical social environmental challenges and to allow comparison between the achievements of each member state. Third it remarks the role-played by international financial institutions, by international investment and by the private sector in general. Forth, the article highlights the drawbacks the methodology of goals can represent when used to overcome collective challenges marked by moral issues and diffuse impacts, being highly dependent on measurements and finance tools. The methodology chosen was the descriptive and normative, the techniques used were documentary, legislative and bibliographic research.
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Mcmullen, John. « Some Problems and Themes in the Application in Member States of Directive 2001/23/EC on Transfer of Undertakings ». International Journal of Comparative Labour Law and Industrial Relations 23, Issue 3 (1 septembre 2007) : 335–74. http://dx.doi.org/10.54648/ijcl2007017.
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In this article we examine some key areas giving rise to controversy in the application of EU Directive 2001/23/EC on the approximation of the laws of Member States relating to the safeguarding of employees’ rights in the event of transfers of undertakings, businesses or parts of undertakings or businesses (the ‘Acquired Rights Directive’). In examining the case law and legislation of Member States we focus particularly on the case law and legislation of the United Kingdom and the Republic of Ireland, but case law and legislation of other EU Member States is referred to and compared where appropriate. We conclude that there are some common themes in the case law and legislation of the Member States on the Acquired Rights Directive. But we draw attention particularly to the legislation of the United Kingdom in the TUPE Regulations 2006, through which the UK has taken a bold step concerning the treatment of workers’ rights in relation to outsourcing from which, we suggest, lessons can be learned. We also argue the time is ripe for consideration whether share sale acquisitions should continue to be excluded from the Directive. The Acquired Rights Directive will shortly be reviewed by the European Commission and it is timely to review the practical application in Member States of the Acquired Rights Directive in their domestic case law and legislation.
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Chan, Rose Cecile. « Sperry Corp. v. United States ». American Journal of International Law 83, no 1 (janvier 1989) : 86–90. http://dx.doi.org/10.2307/2202794.
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Plaintiffs, Sperry Corp. and Sperry World Trade Inc. (Sperry), received an award from the Iran-United States Claims Tribunal (Tribunal). Upon payment of the award, the United States deducted 2 percent of the total amount pursuant to a directive license issued by the Secretary of the Treasury regarding recovered claims by U.S. nationals against Iran. When plaintiffs challenged the authority of the Treasury to make the deduction and the United States Claims Court announced a preliminary ruling that concurred with plaintiffs’ position, the Executive persuaded Congress to approve legislation authorizing specified percentages to be deducted by the United States from Tribunal awards to U.S. citizens. Responding to the plaintiffs’ challenge to the constitutionality of the newly enacted statute, the United States Claims Court dismissed the suit and, on appeal, the United States Court of Appeals for the Federal Circuit (per Meyer, J.) reversed and held: that the deduction constitutes a taking without compensation in violation of the Fifth Amendment to the United States Constitution. In September 1988, the United States filed notice of appeal with the Supreme Court.
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Monteleone, Rebecca. « Employment for all : United States disability policy ». Tizard Learning Disability Review 21, no 3 (4 juillet 2016) : 154–61. http://dx.doi.org/10.1108/tldr-09-2015-0034.
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Purpose – The purpose of this paper is to provide a brief overview of policy regarding employment for individuals with intellectual disabilities (ID) in the USA. Drawing from recent data, it assesses the impact of policy on current employment services and rates of employment. Design/methodology/approach – An introduction provides details regarding the benefits of employment for individuals with disabilities, current demographic information in the USA and salient definitions. Next, ten key national laws and one state law relating to employment for individuals with disabilities are outlined briefly. Finally, current outcomes for adults with disabilities are presented in order to assess the implementation and effectiveness of the legislation presented. Findings – Whilst this paper is a policy review, and therefore no novel findings have been produced, it is clear by juxtaposing the mandates enacted by the US Government with practical outcomes that there is a need to assess implementation and effectiveness of such legislation. Originality/value – It is imperative to scrutinize policy in the context of practical outcomes in order to assess its viability and relevance. Additionally, it is crucial that practitioners and academics be aware of the legislation that impacts the populations with whom they interact. Finally, in the context of this publication, it is important that researchers and practitioners in the UK understand US policy, and likewise US professionals understand UK policies in order to facilitate greater cross-cultural communication and collaboration for the mutual benefit of both nations.