Littérature scientifique sur le sujet « Produce trade – Law and legislation »
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Articles de revues sur le sujet "Produce trade – Law and legislation"
1
Keane, Rachel. « How the Domain Name Scruffles are Rocking the Foundations of Trade Mark law ». Victoria University of Wellington Law Review 32, no 1 (5 mars 2001) : 321. http://dx.doi.org/10.26686/vuwlr.v32i1.5906.
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The central proposition of this paper is that it is no longer valid to assert that the only and proper function of the trade is to denote the source of the product to which it is affixed. Trade marks are being employed in many diverse ways. In the age of mass media, trade marks may provide the key to marketing successfully. The dilution doctrine has developed in recognition of the potential value of a trade mark to tis owner. Anti-dilution provisions, as far as they go, do provide a useful tool in protecting the trade mark itself. However, as technology continues to advance, so does the trade mark function. The so-called domain name disputes, primarily in the United States are evidence of this claim. Not only have the decisions in these cases furthered the development of the trade mark legislation, they have demonstrated the inadequacies of the current trade mark legislation and the desperate need for reform. These inadequacies are examined and reform is proposed. Finally, the paper assesses the desirability of allowing the further expansion of the trade mark. It is submitted that the proper expansion of the trade mark should not be resisted.
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Hanni, Noona. « Exclusive Distribution and Non-Compete Clause in Trade : Transnational Agreements in European Union and United States ». Udayana Journal of Law and Culture 3, no 2 (31 juillet 2019) : 141. http://dx.doi.org/10.24843/ujlc.2019.v03.i02.p02.
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Exclusive distribution agreements are commonly used in both European Union (EU) and United States (US) markets to ensure the efficient distribution of products and services. This article compares the competition legislation in the EU and US and focuses on the differences in the treatment of vertical agreements. This topic is addressed also from an economic perspective and focuses on the possible abuse of dominant market position by international multisectoral companies. This article focuses on the following legal and economic questions: how do competition legislations regulating vertical agreements differ in EU and US and, what kind of possible effects do transnational exclusive distribution agreements have on international trade and competition. In EU law exclusive distribution agreements, even those which include a non-compete obligation limited to five years, are considered as lawful restrictions on competition as long as they fulfil certain criteria listed in the Block Exemption Regulation. EU competition law recognizes the terms of block exemption and ‘safe haven’, whereas the US antitrust law does not regulate any exemptions to vertical restraints. Vertical restraints are interpreted in the US common law of antitrust in the light of the principle of Rule of Reason. An important difference in these jurisdictions is the definition of relevant markets, which is taken into consideration when evaluating the legality of a vertical agreement under competition law. Both jurisdictions emphasize the market power of the producer, but the allowed percentage of market share varies between EU and US and only EU legislation gives emphasis to the market power of the distributor. These differences in competition legislations regulating vertical agreements can lead to conflicts when interpreting the legality of a distribution agreement. The definition of relevant product markets might lead to big international multisectoral companies abusing their dominant position by entering into exclusive arrangements.
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Chauhan, Devshree. « ANALYSIS OF SOCIAL WELFARE LEGISLATION ON ENVIRONMENTAL LAW ». Dogo Rangsang Research Journal 12, no 09 (2022) : 106–10. http://dx.doi.org/10.36893/drsr.2022.v12i10n02.106-110.
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With a population of more than 1.3 billion, India is a lower middle-income nation. Although the country has made significant progress in improving overall economic outcomes, productivity levels are still comparatively low. India's industrial sector has a lower labour productivity than China, Russia, South Africa, Malaysia, and Brazil. India was placed 68th out of 140 nations in the 2019 World Economic Forum (WEF) Global Competitiveness Report. This is largely a result of the nation failing to keep up with other nations that are ranked similarly. In categories like ICT adoption, skill base, product market efficiency, and trade openness, India has substantial deficiencies in several of the fundamental enablers of competitiveness. Some new issues, such as uneven governance consequences, significant variations in economic growth, and social welfare inequalities, are emerging with the adoption of regulatory regulations. Theoretical justifications for the aforementioned occurrences are required in order to encourage the sustainable growth of the economy and the environment. Consequently, this Article develops a theoretical model of the impacts of social well being.
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Kamyshanskyi, V. I. « LEGAL ASPECTS OF DIGITALIZATION OF INTERNATIONAL TRADE THROUGH IMPLEMENTATION OF BLOCKCHAIN TECHNOLOGY (EXPERIENCE FOR UKRAINE) ». Economics and Law, no 4 (8 décembre 2022) : 31–42. http://dx.doi.org/10.15407/econlaw.2022.04.031.
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The article is devoted to the study of the peculiarities of digitalization of international trade through the introduction of blockchain technology and the identification of issues that require legal regulation for the implementation of the relevant process in Ukraine. It is emphasized that digitalization of international trade through the introduction of blockchain technology opens up opportunities for optimization of administrative trade procedures and stimulation of foreign trade activity, in particular, it allows modernizing and optimizing the work of “single windows” (including certification and customs clearance); cross-border data exchange between government agencies or authorities and economic entities; payment transfer system, etc. In turn, the use of smart contracts, built on the appropriate technology, can automate the compliance of stakeholders with various contractual obligations; and data (in the blockchain) — is a stream of reliable information about past transactions, as they remain unchanged after entry. This provides greater transparency and the ability to trace the movement of a product or document throughout the supply chain with a high level of security and immutability, as well as eliminates double spending (in particular, by using the same digital documents as collateral for financing, which is a common source of fraud in international trade. At the same time, blockchain technology is only a tool on the way to optimizing administrative trade procedures and stimulating foreign economic activity and can be used only if there is appropriate legislation. In particular, the issues of determining the legal status of the blockchain (in particular, the terminology — “blockchain”, “smart contracts”) and blockchain-based applications need to be settled. Analysis of international experience proves the lack of unified approaches in this area. This actualizes the need to intensify work at the global international level to address the above issues. It is also advisable for Ukraine to join this process. For the sake of end-to-end digitalization of trade and limiting the possibility of potentially conflicting individual approaches that could lead to further disconnection and barriers to trade, harmonization of domestic legislation in accordance with existing international documents (in particular, UNCITRAL model laws) is becoming important. Digital trade agreements (e.g., the upcoming Digital Trade Agreement between Ukraine and the United Kingdom) are one of the tools that will help to intensify actions in this direction. In addition, among the issues that require regulation prior to the introduction of blockchain technology in international trade are the following: (1) the procedure for entering data (in particular, ensuring their accuracy and completeness) to be transmitted and exchanged on the blockchain; (2) protection of the transmitted data, (3) responsibility for data entry and processing, as well as the legal algorithm for their correction in case of errors (in particular, it should be clearly defined whether it is possible to make changes to the code underlying the blockchain to correct errors and, if so, who has the right to do it), (4) dispute resolution procedure; (5) mutual recognition of documents/certificates issued (this will ensure that the algorithms used work accurately with the data entered and comply with specific (international and national) rules), etc., as well as recognition of electronic signatures and electronic documents (in particular, transfer documents, bills of lading, promissory notes, warehouse receipts, etc. On this basis, it is considered expedient not to adopt a separate legal act like the Illinois State Law “On the Implementation of Blockchain Technology”, but to modernize the existing laws of Ukraine: the Law of Ukraine “On Electronic Commerce”, the Law of Ukraine “On Electronic Documents and Electronic Document Management”, etc. These are the directions of further research. It is considered appropriate at the legislative level to allow the use of smart contracts, records and signatures protected by blockchain in the field of trade and to use the method of analogy of the law in order to extend the legal regime of electronic contracts and signatures to them, which is reflected in the law-making of certain foreign countries (in particular, the United States (New York State). It is proposed to develop and adopt legislation on the digitalization of economic policy in general and foreign economic policy in particular, taking into account the principles of functional equivalence and technological neutrality. This will protect domestic legislation from the need for constant amendments to take into account the emergence of new technologies.
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Lähteenmäki-Uutela, Anu, Moona Rahikainen, María Teresa Camarena-Gómez, Jonna Piiparinen, Kristian Spilling et Baoru Yang. « European Union legislation on macroalgae products ». Aquaculture International 29, no 2 (20 janvier 2021) : 487–509. http://dx.doi.org/10.1007/s10499-020-00633-x.
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AbstractMacroalgae-based products are increasing in demand also in Europe. In the European Union, each category of macroalgae-based products is regulated separately. We discuss EU legislation, including the law on medicinal products, foods including food supplements and food additives, feed and feed additives, cosmetics, packaging materials, fertilizers and biostimulants, as well as biofuels. Product safety and consumer protection are the priorities with any new products. Macroalgae products can be sold as traditional herbal medicines. The novel food regulation applies to macroalgae foods that have not previously been used as food, and organic macroalgae are a specific regulatory category. The maximum levels of heavy metals may be a barrier for macroalgae foods, feeds, and fertilizers. Getting health claims approved for foods based on macroalgae is demanding. In addition to the rules on products, the macroalgae business is strongly impacted by the elements of the general regulatory environment such as agricultural/aquacultural subsidies, maritime spatial planning and aquaculture licensing, public procurement criteria, tax schemes, and trade agreements.
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Murdoko et Shafira Septyastuti. « IMPLEMENTASI SERTIFIKASI DAN LABELISASI HALAL PADA PRODUK PANGAN OLAHAN DAN HASIL PERTANIAN IMPOR SERTA KAITANNYA DALAM PERDAGANGAN INTERNASIONAL ». Juris 6, no 2 (30 décembre 2022) : 632–45. http://dx.doi.org/10.56301/juris.v6i2.657.
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Import activities are strongly related to international trade that one of the objectives is to meet the needs of a country. Indonesia carries out import activities on processed food products and agricultural products in order to fulfill food needs. To protect Indonesian consumers who are predominantly Muslim, Indonesia has passed legislation regarding halal certification and labeling through Law Number 33 the year 2014 concerning Halal Product Assurance. The ratification of the Law Number 33 of 2014 became an issue when looking at the fact that Indonesia is a member of the WTO country. The problems studied in this study include: (1) How is the implementation of Law Number 33 of 2014 concerning Halal Product Assurance in Halal certification and labeling of imported processed food products and imported agricultural products in Indonesia and (2) How is harmonized Law Number 33 the year 2014 concerning Halal Product Assurance, especially on halal certification and labeling of imported processed food products and imported agricultural products in Indonesia related to the Technical Barriers to Trade agreement? The implementation of Law Number 33 of 2014 has changed the provisions regarding halal certification and labeling of products circulating and traded in Indonesia, including imported processed food products and imported agricultural products, to become mandatory. The conformity of the Law Number 33 of 2014 which is included in technical regulations with the TBT Agreement is an urgency to ensure that national regulations and/or policies do not become obstacles in international trade. The research method used is juridical-normative with the data sources obtained in the form of primary legal materials in the form of laws and regulations, GATT 1994, and the TBT Agreement, secondary legal materials including legal books and journals, and tertiary legal materials, such as legal dictionaries.
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SIRIWAT, PENTHAI, et VINCENT NIJMAN. « Using online media-sourced seizure data to assess the illegal wildlife trade in Siamese rosewood ». Environmental Conservation 45, no 4 (15 mars 2018) : 352–60. http://dx.doi.org/10.1017/s037689291800005x.
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SUMMARYThe illegal wildlife trade is covert by nature, and thus is often challenging to study. Seizure data is traditionally the most common means to gain insight into the trade for many species. Online media-sourced seizure records were applied to study the illegal trade of Siamese rosewood (Dalbergia cochinchinensis), one of 33 timber species of hongmu (rosewood), which is logged to produce luxury products predominantly for Chinese markets. Despite recent international pressure to strengthen the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES) regulations, illegal trade of Siamese rosewood is prevalent in its range states. This paper will explore seizure reports in Thai online media and analyse spatial, temporal and other factors that potentially explain the trade. Between January 2014 and April 2016, 835 independent seizures were reported in 37 of 76 provinces in Thailand. Seizures occurred mostly in the north-eastern and eastern provinces with higher numbers of seizures closer to the border. The number of seizure reports decreased over time, and the average number of logs seized per seizure was consistent over the 28-month study period. Inadequate domestic legislation is a key factor facilitating the trade. Improvements are needed to the legislation and enforcement ahead of implementing other regional timber-specific initiatives and regulations. In this specific context, CITES also appears to be unacknowledged and ineffective in hampering the Siamese rosewood trade. Importantly, we find that using media-sourced seizure data is highly apt in Thailand's context, considering Thailand's sensitive political state and the prevalence of trade in other non CITES-listed rosewood species. The approach demonstrated here is applicable to many other wildlife species.
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Ismail, Mahmoud. « THE NATIONAL RECOGNITION OF THE INTERNATIONAL ARBITRATION IN THE INTERNATIONAL TRADE DISPUTES : A COMPARATIVE STUDY BETWEEN THE FRENCH AND JORDANIAN LAWS ». Journal of Southwest Jiaotong University 57, no 5 (30 octobre 2022) : 1–12. http://dx.doi.org/10.35741/issn.0258-2724.57.5.1.
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The article treats the recourse of the parties to disputes in international trade to arbitration, as they can choose arbitrators specialized in the subject matter of the dispute, far from the conflict of national laws and the dilemmas of attribution rules in private international law. This article employed a qualitative analysis and research approach. The research found that the increase in recourse has raised legal questions regarding the settlement of disputes outside the borders of the state, especially since the association of the international contracts with economic values protected by national laws creates obstacles to subjecting these disputes to the international arbitration. How have the national laws dealt with the international arbitration, affected it and were affected by it? The research responded to these questions by consulting the French and Jordanian law. As a result, the arbitration takes the international character of the presence of foreign elements in the relationship or because of the subject of the dispute to be resolved, and this is the legal criterion. A valid arbitration agreement produces its own law independently of the mechanisms of national law. National legislation should recognize an international arbitration decision as long as the arbitration decision is validly rendered in accordance with the law governing the arbitration process. French law recognizes the international arbitration decisions, while Jordanian legislation does not recognize international arbitration decisions through direct provisions, but rather recognizes the decisions because of its commitment to implement the 1958 New York Convention.
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Putri, Fiona eriba Rahma, et Sri Maharani MTVM. « A Legal Protection On Owner Of Trade Secret On Coffe Powder Blend That Violate Trade Secret Act No 30 Of 2000 ». LIGAHUKUM 2, no 1 (23 juillet 2021) : 87–96. http://dx.doi.org/10.33005/ligahukum.v2i1.75.
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The development of business activities that are very competitive in Indonesia today has led to quite fierce business competition among the business world. Every company must have information that is kept secret from the public, usually referred to as trade secrets. This is the most important aspect for the business owner of the trade itself because the trade information owned holds commercial points and is tied to the quality of the business produced. When a company's trade confidential information is leaked, the impact will be detrimental to the company itself. Before the problem occurred, it could be seen that the government was serious when dealing with this problem and therefore the government began to formalize Law No 30 Of 2000 concerning Trade Secrets. The hope is that this will provide legal protection for trade business owners who keep the confidential nature of company trade information so that competitors are not easily owned. The purpose of this study is to provide legal protection for the owners of trading businesses. So as to reduce the form of violations of trade secrets that often occur, granting legal protection for trade business owners can be done by optimizing the implementation of Law No 30 Of 2000 concerning Trade Secrets and improving the performance of the Directorate General of Intellectual Property. The type of research applied in this study is normative juridical legal research, this research is based on legislation relating to trade secrets, namely Law No 30 Of 2000 and for the collection of data such as from legal books, legal journals, and news articles. The results of the study can be concluded that in guaranteeing a legal protection for trade secret owners there must be cooperation between several parties, not only from the Directorate General of Intellectual Property, but also from business actors, the community and law enforcement as well. In the application of Law No 30 Of 2000 concerning Trade Secrets, it should be carried out effectively, in order to reduce the form of violations of trade secrets that often occur lately among the business world.
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Dashwood, Alan. « NON-DISCRIMINATORY TRADE RESTRICTIONS AFTER KECK ». Cambridge Law Journal 61, no 1 (7 mars 2002) : 1–52. http://dx.doi.org/10.1017/s0008197302331507.
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IN its Keck judgment—famous or notorious according to taste—the Court of Justice drew a distinction, for the purposes of the application of the prohibition in Article 28 EC against measures having equivalent effect to quantitative restrictions (“MEEQRs”), between two categories of national measures. On the one hand were “product requirements”: measures specifying requirements to be met, in order to obtain access to the market of a Member State, by products coming from other Member States where they are lawfully manufactured and marketed, like the minimum alcohol requirement for fruit liqueurs in Cassis de Dijon (Case 120/78 [1997] E.C.R. 649). Such product requirements are liable to constitute MEEQRs, and therefore require specific justification, in order to escape prohibition, on one of the public interest grounds recognised by Community law. On the other hand was the category of measures described in the judgment as “provisions restricting or prohibiting certain selling arrangements”. An example was the legislation at issue in the main proceedings in Keck, which prohibited the resale of products below their purchase price, thereby depriving retailers of a form of sales promotion. Other examples, attested by the case law post-Keck, are measures regulating advertising methods, the kind of shop in which goods of a certain description can be sold, shops’ opening hours and Sunday trading. National provisions in this latter category are not normally such as to hinder trade between Member States under the test formulated by the Court in Dassonville (Case 8/74 [1974] E.C.R. 837, at para. 5), and so do not call for justification; not, that is, “so long as those provisions apply to all relevant traders operating within the national territory and so long as they affect in the same manner, in law and in fact, the marketing of domestic products and those from other Member States”: see Joined Cases C-267 and 268/9 [1993] E.C.R. I-6097, at paras. 15–17.
Thèses sur le sujet "Produce trade – Law and legislation"
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Fura, Gashahun Lemessa. « Ethiopia's accession to the WTO : implications for the agricultural sector ». Thesis, University of the Western Cape, 2007. http://etd.uwc.ac.za/index.php?module=etd&action=viewtitle&id=gen8Srv25Nme4_4286_1221731163.
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It is widely recognized that increased participation in international trade and investment can serve as an engine for economic growth and development.1 Implicit in international trade is the principle of comparative advantage that generally provides that states should trade with each other because they are better off by maximizing their production potential for some products and, through trade, obtain products they do not have or produce with less efficiency.2 Such comparative advantage, inter alia, presupposes a well-regulated trading system. Though attempts have been made to regulate the multilateral trading system by the GATT 1947 which was but meant to form only part of an agreement on the stillborn International Trade Organization (ITO), the first rule based World Trade Organization (WTO) was established only in 1995 and a number of countries have acceded to it thence. While there is no consensus on whether developing countries in general and the least developed countries (LDC s)4 in particular are beneficiaries of the system5, some countries have embarked on the accession process.6 Ethiopia is one such country.
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Efunkoya, Adeola Adefunke. « Agricultural sector : the role of foreign direct investment (FDI) in the creation of an integrated agriculture sector in Nigeria ». Thesis, University of the Western Cape, 2007. http://etd.uwc.ac.za/index.php?module=etd&action=viewtitle&id=gen8Srv25Nme4_7046_1256021947.
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This research recommended ways in which Nigeria could unlock constraints to commercialization and investment in the Nigerian agricultural sector for sustained economic growth, enhanced food security, increased competitiveness of products in the domestic, regional and international markets, sustainable environmental management and poverty alleviation.
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Pizarro, Aliaga Lucia. « Agricultural liberalization : the case of developing countries ». Thesis, McGill University, 2003. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=19629.
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The objective of this thesis is to demonstrate, through legal and regulatory analysis, how three non-trade issues - SPS measures, trade in GMOs and food security concerns - might result in new modem barriers to trade that might diminish the gains of freer markets. If developed countries use non-trade concerns to justify more generous domestic support in a non-decoupled way, may do as much harm to international trade as the traditional trade policies instruments did in the past. Such undesired behavior from the developed world is possible due to the inability of current WTO norms to control these new problems. These three special issues must be addressed in future negotiations in order to modify developing countries' perception that the payoffs of trade liberalization are not advantageous for them. The continuance of this perception during current negotiations might lead to the collapse of the current trading system.
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Van, der Walt Elizabeth Margaretha. « A comparative legal study of the dilution of registered trade marks in selected jurisdictions to further the development of the remedy in South African law ». Thesis, Stellenbosch : Stellenbosch University, 2005. http://hdl.handle.net/10019.1/50239.
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Thesis (LLD)--University of Stellenbosch, 2005.ENGLISH ABSTRACT: Trade marks are among the most valuable commodities of the modern business world. Adequate protection for trade marks to prevent the misappropriation of their incredible marketing power is therefore important. The aim of this dissertation is to make recommendations regarding the further development of existing South African law regarding the protection of registered trade marks against dilution, particularly by the courts. Current statutory protection is examined and compared with trade-mark law in the United States and the European Union. Although the concept of dilution originated in Germany, most of its development took place in the United States, starting in 1927 with an article by Frank Schechter. Dilution occurs when the awareness that a specific mark signifies a single product from a single source changes to an unmistakable awareness that the same mark signifies various things from various sources. The primary theories as to how dilution occurs are blurring and tarnishment. Although the dilution concept is widely recognised, there is still a debate amongst legal scholars on whether trade marks deserve protection against dilution. The extent of protection that the law gives to trade marks largely depends on the socioeconomic functions that a trade mark is perceived to fulfil. The original source or origin function is protected by the traditional infringement provisions. The identification or distinguishing function, quality function and advertising function subsequently gained recognition. The advertising function is statutorily recognised in various jurisdictions, which prevents trade-mark dilution. Statutory recognition of dilution in the United States first occurred in State law from 1947 onwards. Protection is generally given to distinctive or strong trade marks where a similar mark is used on dissimilar goods in the absence of confusion in such a way that there is a likelihood that the reputation of the senior mark will be injured. The parameters of the concept were developed and refined mainly through case law. Federal protection against dilution was only introduced in 1995. The new Act, although widely welcomed, also brought some unpredictability and interpretation problems. The first statutory dilution protection for trade marks in Europe is found in the Uniform Benelux Trade Marks Act. In 1989 the European Union adopted the Trademark Directive, with the aim of harmonising the legal protection afforded to trade marks. Its "dilution" provisions were incorporated into the United Kingdom's Trade Marks Act of 1994. The sometimes conflicting interpretations of these provisions by the English courts and the Court of Justice of the European Communities are discussed. The South African Act shows a substantial degree of harmony with legislation in the United Kingdom and other European countries. Aspects of the wording of the dilution provisions are however open to interpretation by the courts. Until the end of 2003 there was only one major trade-mark dilution case decided by a South African court, namely SAR v Laugh It OjJPromotions, which is discussed in detail. The dissertation concludes with recommendations to aid South African courts in the future interpretation and application of the dilution provisions. Amendments to the legislation are also proposed to promote greater clarity.
AFRIKAANSE OPSOMMING: Handelsmerke is van die waardevolste kommoditeite van die moderne besigheidswêreld. Voldoende beskerming om die uitbuiting van handelsmerke se ongelooflike bemarkingskrag te verhoed, is daarom belangrik. Die oogmerk van die proefskrif is om aanbevelings te maak vir die verdure ontwikkeling van bestaande Suid-Afrikaanse reg oor die beskerming van geregistreerde handelsmerke teen verwatering, veral deur die howe. Die bestaande statutêre beskerming word ondersoek en vergelyk met die reg op handelsmerke in the Verenigde State en die Europese Unie. Alhoewel die verwateringskonsep sy oorsprong in Duitsland het, is die konsep hoofsaaklik in die Verenigde State ontwikkel, beginnende in 1927 met 'n artikel deur Frank Schechter. Verwatering vind plaas wanneer die bewustheid dat 'n spesifieke merk 'n enkele produk vanuit 'n enkele bron aandui verander na 'n onmiskenbare bewustheid dat dieselfde merk verskillende dinge vanuit verskillende bronne aandui. Die primêre verskyningsvorme van verwatering is vertroebeling en besoedeling. Alhoewel die verwateringskonsep wye erkenning geniet, is daar steeds 'n debat onder regsgeleerdes oor die verdienstelikheid van die beskerming teen verwatering. Die mate van beskerming wat die reg aan handelsmerke verleen, hang grootliks af van wat gesien word as die sosio-ekonomiese funksies van 'n handelsmerk. Die aanvanklike oorsprongsfunksie word beskerm deur die tradisionele bepalings rakende inbreukmaking. Die identifiserings- of onderskeidingsfunksie, die kwaliteitsfunksie en die reklamefunksie het later erkenning gekry. Die reklamefunksie word in verskillende jursidiksies statutêr erken, wat die verwatering van handelsmerke verhoed. In die Verenigde State het die eerste statutêre erkenning vir verwatering sedert 1947 in die wetgewing van State plaasgevind. Beskerming is normaalweg gegee aan sterk handelsmerke of handelsmerke wat kan onderskei in gevalle waar 'n soortgelyke merk gebruik is op ongelyksoortige goedere in die afwesigheid van verwarring op so 'n wyse dat die waarskynlikheid bestaan dat die reputasie van die senior merk aangetas kan word. Die maatstawwe van die konsep is hoofsaaklik ontwikkel en verfyn in hofsake. Federale beskerming teen verwatering is eers in 1995 ingestel. Alhoewel dié nuwe wetgewing wyd verwelkom is, het dit ook onvoorspelbaarheid en interpretasieproblerne voortgebring. Die "Uniform Benelux Trade Marks Act" het die eerste statutêre beskerming teen die verwatering van handelsmerke in Europa gebied. Die "Trademark Directive" is in 1989 deur die Europese Unie aanvaar met die doelom die wetlike beskerming van handelsmerke the harmonieer. Die "verwaterings"bepalings is geïnkorporeer in die Verenigde Koninkryk se "Trade Marks Act" van 1994. Soms botsende interpretasies hiervan is deur die Engelse howe en die Geregshofvan die Europese Unie gegee. Die Suid-Afrikaanse wetgewing toon 'n groot mate van ooreenstemming met wetgewing in the Verenigde Koninkryk en ander Europese lande. Aspekte van die bewoording van die verwateringsbepalings is oop vir interpretasie deur die howe. Tot en met die einde van 2003 was daar slegs een belangrike saak oor handelsmerkverwatering wat deur 'n Suid-Afrikaanse hof beslis is, naamlik SAB v Laugh It Off Promotions. Dit word in detail bespreek. Aanbevelings om die Suid-Afrikaanse howe in die toekoms te help met die interpretasie en aanwending van die verwateringsbepalings, word in die finale hoofstuk gemaak. Veranderinge aan die wetgewing word ook voorgestel, om groter duidelikheid te bereik.
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Zheng, Linlin, et 鄭霖霖. « Transitional product-specific safeguard mechanism in the WTO legal framework : an analysis of its terms andapplication ». Thesis, The University of Hong Kong (Pokfulam, Hong Kong), 2008. http://hub.hku.hk/bib/B41290501.
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Chigavazira, Farai. « The regulation of agricultural subsidies in the World Trade Organization framework : a developing country perspective ». Thesis, University of Fort Hare, 2015. http://hdl.handle.net/10353/1874.
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The Agreement on Agriculture (AoA) was adopted to eliminate the illegitimate use of tradedistorting agricultural subsidies and thereby reduce and avoid the negative effects subsidies have on global agricultural trade. However, the AoA has been fashioned in a way that is enabling developed countries to continue high levels of protectionism through subsidization, whilst many developing countries are facing severe and often damaging competition from imports artificially cheapened through subsidies. The regulation of subsidies in the World Trade Organisation (WTO) has been a highly sensitive issue. This is mainly due to the fear of compromising food security especially by developed countries. Developing countries have suffered negatively from the subsidy programmes of developed countries who continue to subsidize their agricultural sector. This position of the developing countries in the global trade system which has been described as weak, has drawn criticism that the WTO as it currently operates does not protect the interests of the weak developing nations, but rather strengthens the interests of the strong developed nations. The green box provisions which are specifically designed to regulate payments that are considered trade neutral or minimally trade distorting has grossly been manipulated by developed countries at the mercy of the AoA. Developed countries continue to provide trade distorting subsidies under the guise of green box support. This is defeating the aims and objectives of the AoA. The study examines the regulation of WTO agricultural subsidies from the developing countries’ belvedere. It looks at the problems WTO member states face with trade distorting subsidies, but focuses more on the impact these have on developing states. It scrutinizes the AoA’s provisions regulating subsidies with a view to identify any loopholes or shortcomings which undermine the interests and aspirations of developing countries. This is behind the background that some of the provisions of the AoA are lenient towards the needs of developed countries at the expense of developing countries.
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Gerona, Morales Marcelo Esteban. « El comercio de productos agrícolas en la Organización Mundial del Comercio (OMC) ». Quito : Abya-Yala, 2005. http://catalog.hathitrust.org/api/volumes/oclc/65189840.html.
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St-Pierre, Renee 1979. « Retailer compliance with youth access statutes and regulatory policies for lottery products and alcohol : evaluating the role of gender and vendor age ». Thesis, McGill University, 2008. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=116064.
Texte intégralRésumé :
Despite the implementation of legal prohibitions and regulatory policies to limit the commercial availability of lottery products to minors, published research continues to document a high prevalence of participation in and ease of access to lottery playing amongst adolescents. This study systematically investigated the influence of individual-level factors in vendor compliance with youth access statutes and policies for lottery and alcohol products. Six underage youths each attempted to purchase a lottery ticket, a beer, or both products together in the same 313 convenience stores, for a total of 1,219 purchase attempts. The results revealed that only a moderate proportion of vendors surveyed in this study were compliant with existing statutes and policies, and that gender and vendor age variables playa significant role in youth purchasing of lottery tickets and alcohol. These findings were interpreted in terms of their implications for strengthening regulatory policies and future research.
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Sherman, Lauren. « Eco-Labeling : An Argument for Regulation and Reform ». Scholarship @ Claremont, 2012. http://scholarship.claremont.edu/pomona_theses/49.
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This thesis analyzes the strengths and weaknesses of various types of eco-labels, focusing primarily on differences between mandatory and voluntary eco-labeling programs. I argue that many of the problems with eco-labeling could be addressed by improving regulations. The current regulation of eco-labeling in the United States is discussed, especially the shortcomings of the FTC’s Green Guides. I recommend creating enforceable national legislation to regulate environmental claims that includes involvement of key stakeholders, a list of acceptable environmental claims, enforceable national definitions of environmental terms, an avenue for manufacturers and consumers to challenge environmental claims, consumer education, and periodic review and revision.
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Tusikov, Natasha Marie. « Chokepoints : internet intermediaries and the private regulation of counterfeit goods on the internet ». Phd thesis, Canberra, ACT : The Australian National University, 2014. http://hdl.handle.net/1885/125030.
Texte intégralRésumé :
This dissertation examines non-state regulation on the Internet, specifically the capacity of corporate actors to create private regulatory arrangements and the degree to which those efforts may rely upon the state. It critically traces the interactions and inter-dependencies between corporate actors and the state through the lens of corporate online anti-counterfeiting enforcement efforts. Between 2010 and 2013, small groups of multinational corporations and government officials from the United States, United Kingdom and the European Commission created a global private regulatory regime to control websites selling counterfeit goods. In this regime, for the first time, major U.S.-based Internet firms, like Google and PayPal, adopted so-called "voluntary best practices" agreements that guide their regulation of these websites on behalf of rights holders. This project examines eight of these agreements that pertain to five Internet sectors: advertising, domain name, marketplace, payment, and search services. In this particular case of private regulation, the state plays a strong, even central role. "Voluntary agreements" are a deliberate misnomer as government actors, acting in concert with rights holders, employed varying degrees of coercion to pressure major Internet firms and payment providers to adopt industry-derived best practices. Despite these coercive elements, however, there are common financial and reputational interests between rights holders and Internet firms. More importantly, these agreements serve strategic economic and national security interests, particularly those of the United States. The U.S. government, the principal architect of the regime, has interests in the protection of intellectual property because of its large stable of successful rights holders. In addition, it has national security interests in tapping into the vast troves of personal and commercial data that firms, such as Google and Yahoo, collect from their users. Corporate agreements to regulate the online distribution of counterfeit goods speak to private regulation on the Internet more generally. This dissertation contends that large corporate actors-both rights holders and Internet firms-can act as arbiters on the legality of technologies, services and applications on the Internet. In doing so, they can have significant influence in determining what types of new technologies and services prosper and which fail. Corporate anti-counterfeiting efforts demonstrate not only the considerable regulatory capacity of these Internet firms but also state and corporate interests in working with these firms to set rules and standards that govern Internet services.
Livres sur le sujet "Produce trade – Law and legislation"
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(India), Bihar. Malhotra's Bihar agricultural produce markets manual : Containing Bihar Agricultural Produce Markets Act, 1960, Bihar Agricultural Produce Markets Rules, 1975 (English text), Bihar Agricultural Produce Markets Rules, 1975 (Hindu text), comments, and case-law. Patna : Malhotra Bros., 1985.
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Pakistan. Manual of agricultural produce market committee laws : With all amendments and latest case law. Lahore : Khyber Publishers, 2011.
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Thailand. Phrarātchabanyat Kānsư̄ Khāi Sinkhā Kasēt Lūangnā, Phō̜. Sō̜. 2542. Krung Thēp : Samnakphim Winyūchon, 1999.
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Masiiwa, Medicine. The Regulation of agricultural trade under World Trade Organisation (WTO) : A users guide. Harare : Friedrich-Ebert-Stiftung, 2002.
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Salaris, Fernando. I "Messaggi" nel mercato dei prodotti agro-alimentari : Atti dell'incontro di studio di Sassari del 13-14 ottobre 1995 su "La concorrrenza con riguardo ai prodotti agro-alimentari tra la disciplina della produzione e quella del mercato" con i testi delle leggi nazionali, degli atti comunitari e delle sentenze della Corte di giustizia. Torino : G. Giappichelli, 1997.
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Marette, Stéphan. The recent international and regulatory decisions about geographical indications. Ames, Iowa : Midwest Agribusiness Trade Research and Information Center, Iowa State University, 2007.
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Sŏ, Ki-wŏn, et Hwan-sang No. Nongsanmul muyŏk kwa nongŏp palchŏn. Sŏul Tʻŭkpyŏlsi : Nonghyŏp Chunganghoe, 1985.
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Florida. Legislature. Senate. Committee on Agriculture. A review of the Dealers in Agricultural Products Law created in the Department of Agriculture and Consumer Services by Section 604.15-604.34, Florida statutes. [Tallahassee] : The Committee, 1990.
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United, States Congress Senate Committee on Agriculture Nutrition and Forestry. Agricultural aid and trade missions : Report (to accompany S. 659). [Washington, D.C. ? : U.S. G.P.O., 1987.
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United States. Congress. Senate. Committee on Agriculture, Nutrition, and Forestry. Agricultural aid and trade missions : Report (to accompany S. 659). [Washington, D.C. ? : U.S. G.P.O., 1987.
Trouver le texte intégralChapitres de livres sur le sujet "Produce trade – Law and legislation"
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Broom, Donald M. « EU regulations and the current position of animal welfare. » Dans The economics of farm animal welfare : theory, evidence and policy, 147–55. Wallingford : CABI, 2020. http://dx.doi.org/10.1079/9781786392312.0147.
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Abstract In most countries of the world, sustainability issues are viewed by the public as of increasing importance and animal welfare is perceived to be both a public good and a key aspect of these issues. European Union animal welfare policy and legislation on animal welfare has helped animals, has had much positive influence in the world and has improved the public image of the EU. Health is a key part of welfare and the one-health and one-welfare approaches emphasize that these terms mean the same for humans and non-humans. The animals that humans use are described as sentient beings in EU legislation. Scientific information about animal welfare, like that produced by EFSA, is used in the formulation of the wide range of EU animal welfare laws. The European Commission has an animal welfare strategy including the Animal Welfare Platform. However, most kinds of animals kept in the EU are not covered by legislation, and they are subject to some of the worst animal welfare problems, so a general animal welfare law and specific laws on several species are needed. Animal sentience and welfare should be mentioned, using accurate scientific terminology, in many trade-related laws as well as in animal-specific laws.
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Dai, Yihan. « The PRC’s Legislation on Cross-Border Data Transfers ». Dans Cross-Border Data Transfers Regulations in the Context of International Trade Law : A PRC Perspective, 13–34. Singapore : Springer Singapore, 2021. http://dx.doi.org/10.1007/978-981-16-4995-0_2.
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Garajová, Michaela. « Analysis of Civil Law Consequences of Corruption Under the Czech Law... in the Light of International Commercial Arbitration ». Dans Cofola International 2021, 392–421. Brno : Masaryk University Press, 2021. http://dx.doi.org/10.5817/cz.muni.p210-8639-2021-15.
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This paper analyzes the civil law consequences of corruption of the contractual parties assessed in international commercial arbitration under the Czech law applicable to the merits of the dispute. The act of corruption is under most jurisdictions considered as a criminal offence. However, it can have a great legal impact on the contracts tainted by corruption, especially with the regard to its validity. There are two categorize of such contracts, one providing for corruption, and one procured by corruption. As stipulated in this paper, such activities are common in international trade nowadays. Therefore, it is important to clarify whether a particular national legislation draws adequate private law consequences to deter and punish potential perpetrators of corruption.
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Hoen, Ellen ‘t. « Protection of Clinical Test Data and Public Health : A Proposal to End the Stronghold of Data Exclusivity ». Dans Access to Medicines and Vaccines, 183–200. Cham : Springer International Publishing, 2021. http://dx.doi.org/10.1007/978-3-030-83114-1_7.
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AbstractTest data demonstrating the efficacy, safety and quality of a medicine is required by drug regulatory agencies before a new treatment obtains marketing approval and can be made available to patients. Because test data can be costly and time-consuming to produce, certain countries have ‘data exclusivity’ regimes that restrict use of test data to the originator company for a period of time. Generic and biosimilar companies rely on originator test data to obtain marketing approval for generic products, so data exclusivity periods can delay entry of lower-cost treatments to the market. While data exclusivity is not required by the World Trade Organization, countries such as the United States and the European Union often push their stronger data exclusivity provisions on other countries through free trade agreements (FTAs). While a small number of countries have waivers to data exclusivity for cases of emergency or other public health need, most do not. This can hamper the timely and affordable availability of needed medicines. Waivers to data exclusivity should be included in legislation to protect public health, and other ways to protect test data against unfair commercial use should be explored.
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Hahs, Jenny. « From Geneva to the World ? Global Network Diffusion of Antidiscrimination Legislation in Employment and Occupation : The ILO’s C111 ». Dans Networks and Geographies of Global Social Policy Diffusion, 195–225. Cham : Springer International Publishing, 2021. http://dx.doi.org/10.1007/978-3-030-83403-6_8.
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AbstractThe adoption of the Discrimination (Employment and Occupation) Convention, 1958 (No. 111) marked ILO’s first endorsement to universal non-discrimination and an early equal opportunity approach at work. Albeit considered to be premised upon “a traditional, formal-equality and formal-workplace vision of antidiscrimination law,” the convention marked a genuine new strand in international standard-setting in the Post-World War II and Philadelphia Declaration time. However, due to the implicit formal vision, it is assumed that ratification was more attractive and more feasible for countries of the Global North first. Following, this behavior diffused through colonial ties time-varying toward the Global South. Whether this assumption holds will also be studied regarding the moderating effects of networks of culture, trade, and regional proximity.
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Martin-Russu, Luana. « Conclusion : Civism Against Cynicism ». Dans Deforming the Reform, 183–92. Cham : Springer International Publishing, 2022. http://dx.doi.org/10.1007/978-3-031-11081-8_6.
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AbstractMartin-Russu’s book explains Romania’s reform reversal in the field of public integrity and the fight against corruption by providing evidence of legislative behaviour at the highest levels of policy-making that shows how a highly fragmented domestic political elite pursues private gains by diluting the legislation in force. Her understanding of Europeanization, modelled as a reversible process highly dependent on the interests pursued by political elites, offers a quite pessimistic prospect for reform. However, Martin-Russu suggests a solution to reform instability, found in the empowerment of sectoral civil society to participate, in one manner or another, in the law-making process. Improving the capacities of civil society to participate more effectively in policy formulation and implementation, she argues, makes democratic consolidation more feasible and allows for genuine Europeanizing reform.Martin-Russu’s book provides a cautionary tale about the naivety of expecting domestic corrupt political elites to lead the fight against corruption, an account of the failure of the EU’s push for reforms to produce genuine and lasting change, and a demonstration of how important it is for the EU to find new ways to support civil society in its member states.
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Lorgat, Aisha. « “No, We Are Not Fighting Against Foreign Workers and We’ll Never Fight Against Foreign Workers” : Trade Unions and Migrant Rights ». Dans IMISCOE Research Series, 247–60. Cham : Springer International Publishing, 2022. http://dx.doi.org/10.1007/978-3-030-92114-9_17.
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AbstractInternational human rights instruments do not explicitly include protection of undocumented migrants, but arguments for their inclusion are made on both normative and pragmatic basis. These denizens are often prevented from accessing rights de facto due to social practices, even when they are accorded de jure rights through legislation. As a result, the overwhelming majority of migrants are faced with limited options, have little voice, and have to make a living among and as part of the precariat. After 1994, South Africa was increasingly seen as a favourable destination for migrants seeking asylum and/or economic opportunities. Migrants are perceived as serving as a reserve of labour that is highly flexible, easily exploited, and unlikely to seek legal recourse for violations of labour law or to join a trade union. This labour market effect is particularly apparent and problematic in host countries with pre-existing high unemployment rates. As official workers representatives trade unions have a major role to play in recognising and mitigating the dangers inherent in dividing workers into citizens and denizens. Trade unions themselves though are in decline, with union density rates falling largely as a result of increasing use of non-standard employment arrangements by employers. Trade unions find it extremely difficult to access and organise these atypical workers, many of whom are migrants. The research for this chapter considered official union publications as well as interviews with trade union officials in the construction sector in Cape Town to assess trade unions responsiveness to migrant rights claims. Migrants are generally located in the periphery due to their more vulnerable status, and this position in the labour market renders their claims to rights and the role of trade unions in supporting these claims more difficult but equally necessary.
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Mühlendahl, Alexander, Dimitris Botis, Spyros Maniatis et Imogen Wiseman. « Loss of RightsRequirement of Use, Conversion to Generic Indication ». Dans Trade Mark Law in Europe. Oxford University Press, 2016. http://dx.doi.org/10.1093/oso/9780198726050.003.0008.
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The rights arising from trade mark registration may be lost. First, when registration is not renewed, the registration will be deleted from the register. Second, a registered trade mark is liable to be revoked if it has not been put to genuine use for more than five years. Third, a trade mark is subject to revocation when it has become the generic indication, the ‘name’ of the product. Fourth, a mark is also subject to revocation when it has become misleading. The last two revocation grounds are the mirror image of the absolute grounds for refusal, the difference being that revocation is available when the mark, although properly registered initially, has become generic or misleading at a later time. The first ground for revocation, absence of genuine use, has no counterpart at the time of filing or registration. Rather, the legislation provides trade mark proprietors with a period of five years following registration after which revocation is possible.
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Brown, Abbe, Smita Kheria, Jane Cornwell et Marta Iljadica. « 14. Trade marks 2 : definition of a registrable trade mark, absolute grounds for refusal and invalidation, and revocation ». Dans Contemporary Intellectual Property, 546–602. Oxford University Press, 2019. http://dx.doi.org/10.1093/he/9780198799801.003.0014.
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This chapter examines the definition of a registrable trade mark, absolute grounds for refusal or invalidation of a registered trade mark, the extent to which objections can be overcome through proof of distinctiveness acquired through use and the rules on revocation of a registered trade mark, both at national and EU levels. It examines these issues looking at many different kinds of trade mark, from traditional work marks and logos to so-called ‘non-conventional’ trade marks such as three-dimensional product shapes, sounds, smells, colours, and ‘position’ marks. The chapter reflects evolving legislation at an EU level (particularly the EU’s 2015 trade mark reform package), a rich base of case law, and links to the the theroetical debates seen in Chapter 13.
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Karan, Ulaş. « The Impact of the Court of Justice of the European Union on the Turkish Legal System ». Dans The Impact of the European Court of Justice on Neighbouring Countries, 115–40. Oxford University Press, 2020. http://dx.doi.org/10.1093/oso/9780198855934.003.0006.
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This chapter explores whether the case law of the Court of Justice of the European Union (CJEU) produces any impact on the Turkish legal system and, if so, its possible underlying causes. Protection of intellectual, industrial, and commercial property rights, competition, trade defence instruments, government procurement, direct and indirect taxation have been regarded as the main areas of ‘approximation of legislation’. Accordingly, laws adopted mostly in the past three decades show that the influence of EU law is valid only in certain fields of law, such as intellectual property law, labour law, and competition law, and this is also where we find most CJEU citations. This influence forms part of the EU accession process, which requires Turkey to harmonize its laws with the acquis. According to the research, despite the existence of a long-standing accession process and legislation based on the acquis in certain fields of law, on the whole, the Turkish judiciary does not seem committed to follow EU law in general or CJEU jurisprudence in particular.
Actes de conférences sur le sujet "Produce trade – Law and legislation"
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Tofiq, Hardi. « Documentary credit between international rules and norms and Iraqi trade law ». Dans INTERNATIONAL CONFERENCE OF DEFICIENCIES AND INFLATION ASPECTS IN LEGISLATION. University of Human Development, 2021. http://dx.doi.org/10.21928/uhdicdial.pp164-180.
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The difference in the countries to which both the seller and the buyer belong in the commercial exchanges has increased the discrepancy in the laws and rules that govern the conduct of the most important banking count approved for the settlement of such exchanges, which is the documentary credit process, as a result of the different economic, banking and financial systems from the other, so there was a need to unify These customs and customs are in a unified form, which is called today the unified rules and customs of documentary credit, which are applied to the conduct of documentary credit contracts at the global level. Therefore, we consider it necessary to make an amendment in the Iraqi law regarding the organization of the documentary credit process, because the articles related to the provisions of documentary credits are not sufficient in themselves to indicate all the problems that may result from it due to developments in international trade.
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Vlasov, Dmitry. « SYNERGY OF THE BUSINESS COMMUNITY ELECTRONIC PLATFORM FOR INTERNATIONAL ECONOMIC ACTIVITY PARTICIPANTS AND UNIFIED AUTOMATED INFORMATION SYSTEM OF CUSTOMS SERVICES (UAIS) AS A BREAKTHROUGH TECHNOLOGY FOR RUSSIAN TRANSIT POTENTIAL GROWING AND STRENGTHENING COOPERATION IN THE INTERNATIONAL MARKET ». Dans Globalistics-2020 : Global issues and the future of humankind. Interregional Social Organization for Assistance of Studying and Promotion the Scientific Heritage of N.D. Kondratieff / ISOASPSH of N.D. Kondratieff, 2020. http://dx.doi.org/10.46865/978-5-901640-33-3-2020-128-138.
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The implementation of communication identification tools in form of comprehensive triple toolkit as part of the “transparent international transport green corridor” will significantly simplify and accelerate the rate of passage and movement for transit foreign trade cargo flows. It will help law-abiding business community as foreign trade participants to follow the customs legislation within the customs territory of the EAEU, as well as to follow the level and quality of customs control at border checkpoints and within the route of goods along the entire transport corridor. The innovations will provide a huge regional infrastructure and socio-economic stability of regions, districts and settlements, thus it will lead to the stable employment of Russia and other EAEU citizens, as well as other world country-partners that take part in the “transparent international transport green corridor”.
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Koçak, Özgecan, et Özge Can. « Design of public support for R&D : a study of Turkish technoparks ». Dans 16th Annual High Technology Small Firms Conference, HTSF 2008. University of Twente, 2008. http://dx.doi.org/10.3990/2.268489273.
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We report on and examine the consequences of the Turkish experience with public support for science/ technology parks (STPs). The Turkish government has been supporting STP development through a 2001 legislation that provides significant tax exemptions for tenants of STPs established according to its mandate. While the law has been successful in encouraging more than twenty STPs to be established, and getting more than 800 firms to move to STPs by 2007, it also has had some unintended consequences that seem to work against fulfillment of the full intention of the law. Using archival data collected by the Ministry of Trade and Industry, survey data collected from STP managers, and in-depth interviews with STP managers, tenants, university administrators, and other actors involved in STP governance, we report on the overall tenant population of STPs in Turkey and some practices and outcomes that are relevant for assessing the impact of the public support on R&D. The data at hand point to some significant progress being made as well as some shortcomings.
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Kocev, Ljuben. « THE INTRODUCTION OF A SIMPLIFIED LIMITED LIABILITY COMPANY IN THE MACEDONIAN LEGISLATION – A VALID ATTEMPT FOR FOSTERING ENTREPRENEURSHIP OR JUST ANOTHER INSIGNIFICANT REASON FOR THE AMENDMENT OF THE COMPANY LAW ACT ? » Dans Economic and Business Trends Shaping the Future. Ss Cyril and Methodius University, Faculty of Economics-Skopje, 2022. http://dx.doi.org/10.47063/ebtsf.2022.0017.
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In the past decade, there has been an ongoing trend, primarily among the EU member states, to decrease the legally required minimum capital for the establishment of limited liability companies. This was the effect of the introduction of the “1 GBP company” in the UK which resulted in the outflow of companies from other member states. Shareholders decided to set up companies in the UK instead of their home jurisdictions to take advantage of the lesser capital requirements. This was also possible due to the principle of freedom of establishment within the EU. However, with Brexit in full force, it remains to be seen whether some member states would reiterate from this practice. In the Republic of North Macedonia, the initiative for such amendment of the Company law act by the Government was launched in 2020. In September 2021 the proposal was finally adopted, resulting in the introduction of a new variant of the limited liability company – the so-called “simplified limited liability company” – a limited liability company with a minimum paid-in capital of 1 EUR. From its adoption in 2004 to this date, the Company law act has been amended more than 30 times, making it one of the most often changed legislative texts. A number of these amendments were controversial and even resulted in initiatives in front of the constitutional court for their abolishment. The paper aims to analyze the effect of the introduction of the simplified limited liability company in Macedonian legislation from a legal point of view. The analysis is focused primarily on the necessity, legal status, and effect of these forms of companies in comparison to the other forms of trade companies provided within the Macedonian Company law act. The analysis is conducted primarily through the use of the normative and comparative approach.
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Đurđić-Milošević, Tamara. « TESTAMENTARY FORMALITIES IN THE TIME OF PANDEMIC ». Dans EU 2021 – The future of the EU in and after the pandemic. Faculty of Law, Josip Juraj Strossmayer University of Osijek, 2021. http://dx.doi.org/10.25234/eclic/18314.
Texte intégralRésumé :
The formalism in testamentary law is a result of the need to protect the freedom of testamentary disposition and the authenticity of the last will of the testator. Proposed formalities are supposed to serve multiple purposes in testamentary law: evidentiary, cautionary and protective. Having in mind the level of modern society development and technologies, as well as the new challenges we face with today (such as pandemics, natural disasters, etc.), the question arises: whether the prescribed formalities in testamentary disposition are justified in terms of purposes they are suposed to serve? Modern testamentary law is characterized by the trend of liberalization of testamentary forms, mitigation of formalities, abolition of certain obsolete forms of testament, but also introduction of new forms dictated by new social and economic, political circumstances and new requirements of legal trade mortis causa. The experience with the Covid pandemic confirmed the importance of these issues. The state of the pandemic indisputably restricts the freedom of testation in several directions: limited contacts prevent the presence of notaries or judges as representatives of public authorities as a mandatory element of form in public testamentary forms, and the possibility of their composition; it is impossible or difficult to ensure the presence of testamentary witnesses in allographic testament and thus difficult to implement the principle of unitu actu as a key feature of the testamentary form; finally, illiterate people and people with disabilities remain deprived of the opportunity to exercise their constitutionally guaranteed freedom of testing due to being unable to make an holographic legacy, as their sole option available within the extraordinary circumstances of a pandemic, due to above mentioned restrictions. As the basic purpose of the testamentary right is to enable a testamentarily capable person to manifest his last will in whatever circumstances he finds himself, extraordinary circumstances during a pandemic indisputably restrict the freedom of testing. The new pandemic circumstances have prompted the legal public to think in the following directions: whether there is a need to introduce new forms of testament during a pandemic (as was done in Spain, which regulated testament during a pandemic); should certain elements of the form of the will be modernized (e.g. allow the possibility of the participation of the witness of the will in the process of making the will online via audio-video link) ?; and finally, should the door be opened to the digitalization of the will and the possibility of compiling an electronic will and mark the beginning of a new era of testamentary law? These and related issues are the subject of analysis in this paper, and will be viewed through the prism of comparative legislation, with special emphasis on the legislation of the countries of the Roman legal tradition that precedes the form of bequest during a pandemic. In order to determine the guidelines for further development of testamentary law and its rationalization, the situation in common law countries will be pointed out, and some examples from their case law will be analyzed, considering that a significant step towards digitalization of testamentary law has already been made in these legal systems. Based on this comparative analysis, which implies the application of primarily comparative law and dogmatic methods, as well as axiological through a new approach to the testamentary form, we try to determine whether testamentary forms and formalities are harmonized with the needs of modern society, especially in pandemics. Finally, at the end of the paper, the author tries to give proposed solutions in the direction of reforming the testamentary formalities de lege ferenda, trying to establish a balance between legal certainty and freedom of testing.
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Ildırar, Mustafa, et Erhan İşcan. « Corruption, Poverty and Economic Performance : Eastern Europe and Central Asia (ECA) Countries ». Dans International Conference on Eurasian Economies. Eurasian Economists Association, 2015. http://dx.doi.org/10.36880/c06.01261.
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Corruption, defined as “the misuse of public power for private benefit.” The World Bank describes corruption as one of the greatest obstacles to economic and social development. It undermines development by distorting the rule of law and weakening the institutional foundation on which economic performance depends. In past decades, many theoretical and empirical studies have presented corruption hinders investment, reduces economic growth, restricts trade, distorts government expenditures and strengthens the underground economy. In addition, they have shown a strong connection between corruption and poverty and income inequality. On the other hand, the literature on corruption points to the conclusion that corruption by itself does not lead to poverty. Rather, corruption has direct consequences on economic and governance factors, intermediaries that in turn produce poverty. Although corruption is seen in many countries in the world, it is higher and widespread in developing countries. This study investigates relation between corruption, poverty, and economic performance by using a panel consisting of countries in the Eastern Europe and Central Asia countries. It was shown that corruption affected directly economic performance and low economic performance leads to poverty. Additionally, results imply that rules against corruption could affect economic growth indirectly through their impact on the level of corruption.
Rapports d'organisations sur le sujet "Produce trade – Law and legislation"
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Gledhill, Igle, Richard Goldstone, Sanya Samtani, Keyan Tomaselli et Klaus Beiter. Copyright Amendment Bill Workshop Proceedings Report. Academy of Science of South Africa (ASSAf), 2022. http://dx.doi.org/10.17159/assaf.2022/0078.
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The genesis of the Copyright Amendment Bill was in 2009, when the Department of Trade and Industry (DTI) initiated various studies and impact assessments. In July 2015, the DTI published a Draft Copyright Amendment Bill for public comment. The final 2017 version of the Bill was approved by Parliament in 2019 and it was sent to President Cyril Ramaphosa for action in terms of Section 79(1) of the Constitution. Section 79(1) states that “The President must either assent to and sign a Bill passed in terms of this Chapter or, if the President has reservations about the constitutionality of the Bill, refer it back to the National Assembly for reconsideration”. The President referred the Bill back to Parliament for review on 16 June 2020, on constitutionality issues. In response to the President’s reservations, Parliament’s Portfolio Committee on Trade and Industry has invited stakeholders and other interested parties to submit written submissions on certain sections of the Bill by no later than 9 July 2021. The current copyright law is outdated and does not address the digital environment. The Academy of Science of South Africa seeks to take into account the status of the copyright legislation and the anticipated effects of the amendment Bill on different issues and thereafter, provide recommendations to the President.