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1
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.
Texte intégralRésumé :
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.
2
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.
3
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.
4
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.
Texte intégralRésumé :
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.
5
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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6
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.
Texte intégralRésumé :
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.
7
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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8
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.
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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.
9
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.
10
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.
11
Petroiu, Marius. « Forms of trade secret protection : a comparative analysis of the United States, Canada, the European Union and Romania ». Thesis, McGill University, 2005. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=99150.
Texte intégralRésumé :
This thesis is as an attempt to overview the forms of trade secret protection presently in place in the United States, Canada, the European Union and Romania. These jurisdictions were selected because they present a diversity of legal background and a variety of forms of trade secret protection.The introductory chapter deals with the historical and economic backgrounds of the trade secret protection. An overview of trade secret protection at international scale is also provided. The thesis compares the forms of trade secret protection available in each jurisdiction. Based on the survey, the thesis comes to an answer of the question of "What is the most appropriate form of trade secrets protection?".
The final chapter provides a number of conclusions and recommendations.
12
Bidie, Simphiwe Sincere. « The obligation of non-discrimination under the General Agreement on Trade in Services (GATS) and the agreement on Trade-related aspects of Intellectual Property Rights (TRIPS) : a developmental perspective ». Thesis, University of Fort Hare, 2011. http://hdl.handle.net/10353/338.
Texte intégralRésumé :
The non-discrimination obligation has existed since the twelfth century. It has been practiced since then, changing from a conditional to unconditional form with the passage of time. It became firmly applied unconditionally at the multilateral level in 1947 after the formation of the GATT trading system upon which several countries based their trading relations. In 1995 when the WTO was formed, the underlying principles of the GATT 1947 became part of the WTO trading system, including the non-discrimination obligation. When countries join the WTO they automatically become subject to the non-discrimination obligation. The ever increasing value of services and trade in the value of intellectual property has necessitated a look at the fundamental principles of world trade that countries have to adhere to in their trade relations. Incidentally, countries are not at the same level economically, hence one of the purposes of the WTO is to facilitate development in developing countries. Accordingly, this requires different application and/or interpretation of these fundamental principles in different situations, depending on the development level of each Member country. Amongst the five principles that underlie the international trading system, the non-discrimination principle is the focus of this study. The sustainability of the entire economic relations between WTO Member countries is dependent upon their fair compliance with this obligation. The obligation is found in Articles II and XVII of the GATS and Articles 3 and 4 of the TRIPS. The Membership of the WTO is made up of developed and developing countries. As a result of the fundamental nature of the obligation it is imperative that the scope and interpretation of this obligation, as developed by WTO adjudicating bodies, be analysed to determine if the obligation’s application and/or interpretation satisfies the above fundamental object and purpose of the multilateral system of trade. The intention here is at all times to show the importance that the non-discrimination obligation carries in international economic and legal interactions and how non-observance of this obligation would negatively affect relations between Member countries of the WTO.
13
Cordonier, Segger Marie-Claire. « Sustainable development in international trade law : integrating economic and social development and environmental protection in emerging trade regimes ». Thesis, University of Oxford, 2013. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.669870.
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Zhu, Feng 1979. « Anti-dumping laws under the WTO : a comparative study with emphasis on China's legislation ». Thesis, McGill University, 2005. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=82677.
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Although the WTO anti-dumping rules have been created to reconcile and monitor domestic anti-dumping measures, different jurisdictions still have tremendous variations in their domestic anti-dumping legislation and interpretations. Such differences may suggest opportunities for further innovations, especially for countries where the anti-dumping legislation is under-developed, such as China. Through a comparative study of the domestic anti-dumping legislation among the United States, the European Community, and China, problems and opportunities for the innovation of China's anti-dumping law will be found.
15
Allen, Sara-Ruth. « International trade rules : a case of imperialism at work ? » University of the Western Cape, 2005. http://etd.uwc.ac.za/index.php?module=etd&.
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This study explored whether there is an inherent inequitable nature of the liberalization process with respect to the World Trade Organization Agreements, namely TRIMs (Trade-related Investment Measures), TRIPS (Agreement on Trade-Related Aspects of Intellectual Property Rights) and the Agreement on Agriculture.
16
Williams, Brett Gerard. « The importance of disciplining the choice of policy instrument to the effectiveness of the GATT as international law disciplining agricultural trade policies / ». Title page, contents and abstract only, 1999. http://web4.library.adelaide.edu.au/theses/09PH/09phw72122.pdf.
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Chimeri, Vongai. « The WTO agreement on technical barriers to trade : a critical appraisal of its implementation within the Southern African Development Community ». Thesis, University of Fort Hare, 2017. http://hdl.handle.net/10353/2855.
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The World Trade Organisation Agreement on Technical Barriers to Trade (TBT Agreement) was crafted with the aim of ensuring that technical regulations, standards and conformity assessment procedure do not constitute unnecessary obstacles to international trade. Southern African Development Community (SADC) countries have since ratified this Agreement and took a step further to incorporate its principles into the Technical Barriers to Trade Annex to the SADC Protocol on Trade. Despite this effort, SADC countries are still grappling with implementing the TBT Agreement in their domestic frameworks. Consequently, technical barriers to trade have become impediments to both regional and international trade. It is in this context that this study aims to examine the implementation of the TBT Agreement within the SADC. The study answers the question what are the challenges facing SADC Member states to fully implement the TBT Agreement? The study demonstrates that SADC Member face challenges which include of lack adequate resources, technical expertise and enforcement mechanisms to effectively implement the TBT Agreement. In the finality, the study recommends SADC Member states to deepen regional integration in order to collaborate on matters relating to technical barriers to trade within the region. Member states should also share information and learn from the experiences of other countries on how to effectively implement the TBT Agreement. Further, government officials should be educated on trade-friendly regulations that do not compromise on the principles of the TBT Agreement. To this end, regulatory impact assessments should be established in order to assess the trade effects of both new and old regulations. Effective enforcement mechanisms should also be introduced in order to coerce Member states to comply with their regional obligations. By effecting these recommendations, SADC states have the opportunity to eradicate technical barriers to trade thereby increasing both regional and international trade.
18
Magezi, Tom Samuel. « The WTO dispute settlement system and African countries :a prolonged slumber ? » Thesis, University of the Western Cape, 2005. http://etd.uwc.ac.za/index.php?module=etd&.
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This thesis seeks to investigate the lack of participation by African countries in the WTO Dispute Settlement System by first providing an overview of the Dispute Settlement Understanding (DSU) system and, secondly by explaining the reasons that forestall the participation of African countries.
19
Maunganidze, Tendai. « An evaluation of the regulation and enforcement of trade mark and domain name rights in South Africa ». Thesis, Rhodes University, 2007. http://hdl.handle.net/10962/d1007571.
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The conflict between trade marks and domain names has been a major subject of legal debate over the past few years. The issues arising from the relationship between trade marks and domain names reveal the difficulties associated with attempts to establish mechanisms to address the problems existing between them. Trade mark laws have been adopted to resolve the trade mark and domain name conflict, resulting in more conflict. Domain name registers have to date been constructed on the basis of first come first served. Given that the generic indicators are very general, it has been inevitable that problems would arise, particularly once the commercial potential of the Internet began to be realised. Unlike domain names, trade marks are protected in ways which are more precise. Trade marks may not be imitated either exactly or in a manner so similar that it is likely to confuse a significant portion of the public. It is possible for more than one enterprise to use the same trade mark in respect of different goods, although this is not possible with domain names. This disparity in objectives leads to two core problems. The first problem relates to cybersquatters who deliberately secure Top Level Domains (TLDs) containing the names or marks of well known enterprises in order to sell them later. The second problem relates to the rival claims between parties who have genuine reasons for wanting particular TLDs, and problems associated with the resolution of such claims. The disputes between parties with legitimate conflicting interests in domain names are often not equitably and effectively resolved, thus compromising the rights of domain name holders. There is great activity in the United States of America (USA) and the United Kingdom (UK) to provide a more substantial system of governing and regulating the Internet. There is a strong movement to provide methods of arbitrating conflicts between honest claims to TLDs which conflict either in Internet terms or in trade mark law. However, these difficult policies remain to be settled. South Africa's progress towards the establishment of an effective mechanism to govern and regulate the Internet has been hindered by the absence of a policy to resolve domain related trade mark disputes. South Africa only recently drafted the South African Regulations for Alternative Domain Name Dispute Resolution (zaADRR), although the regulations have not yet been adopted. Therefore South African parties to domain name disputes continue to find solutions to their problems through the court system or foreign dispute resolution policies. The purpose of this study is firstly to examine and to comment on the basic issues of trade mark law and domain names in this area, with particular reference to South Africa, and secondly to examine the mechanisms in place for the resolution of trade mark and domain name disputes and to highlight the issues that flow from that. An additional purpose of this study is to discuss the policies of the dispute resolution mechanisms and to suggest how these policies can be improved.
20
Yung, Ka-wing. « Access to the environmental legislation : do the local manufacturers understand their legal obligations ? / ». Hong Kong : University of Hong Kong, 1999. http://sunzi.lib.hku.hk/hkuto/record.jsp?B21301542.
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Kimura, Keiki 1955. « An analysis of the Japanese voluntary export restraint upon automobiles to the U. S. and Canada : an investigation of its impacts upon international, bilateral and domestic legal frameworks for safeguard measures ». Thesis, McGill University, 1985. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=65419.
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Ludwig, Marcos de Campos. « Dealing with power in contract : a proposal of criteria for controlling the exercise of discretionary powers in franchising ». Thesis, McGill University, 2006. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=101821.
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The granting of a range of discretionary powers to the franchisor shows the hierarchical face, besides the market or contractual face, of franchising and similar networks. Dealing with power-related contractual problems within these arrangements is particularly challenging, since they occupy a little explored niche in legal reasoning. In this thesis, I develop an interdisciplinary inquiry on the network concept to assess to which extent it reveals the rationalities underlying the granting of such powers. I study the typical contract law categories of control of the exercise of individual prerogatives available both in civil law and in common law tradition. I discuss to which extent those categories are capable of controlling the exercise of discretionary powers in franchise disputes. I finally turn to public law reasoning on control of power and propose a prudent transplant of some elements of this reasoning into contract law discourse.
23
Abou-Khalil, Nassib. « A comparative study on Canadian and EC anti-dumping legislation and the compatibility of anti-dumping law with free trade areas ». Thesis, University of Ottawa (Canada), 2004. http://hdl.handle.net/10393/26558.
Texte intégralRésumé :
This paper looks at how anti-dumping legislation was implemented in Canada and in the European Communities. This comparison of Canadian and EC anti-dumping law aims at examining how the Anti-Dumping Code was transposed and applied in each jurisdiction by looking at each step of an anti-dumping investigation, starting with the initiation of an investigation, the calculation of the normal value and of the export price, the determination of the dumping margin, the finding of injury, and ending with other related matters such as anti-absorption and anti-circumvention rules.
Having looked at Canadian and EC anti-dumping law as such, this paper examines the compatibility of anti-dumping actions with the creation of free trade areas and the effect of anti-dumping duties on such free trade areas. It looks specifically at the EC and the NAFTA examples. Both the NAFTA and the EC treaty create, generally speaking, a free trade area, however the approach taken vis-a-vis anti-dumping duties within the free trade area is different in each case: while the EC abolished anti-dumping duties within the free trade area, these duties are maintained under the NAFTA regime.
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Aho, Ida. « Cats’ nine lives : European Union legislation on the trade of endangered animals and its effects on animal welfare ». Thesis, Uppsala universitet, Juridiska institutionen, 2021. http://urn.kb.se/resolve?urn=urn:nbn:se:uu:diva-450345.
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The issues raised in this thesis concern the adverse effects of EU's wildlife trade regulations, mainly the unequal treatment of captive and wild-born endangered animals. The nature of these regulations is analyzed from an animal law perspective. The purpose of the analysis is to determine whether the regulations are anthropocentric and, if so, what issues arise from it. Previous research has studied the legal personhood of animals in relation to animal welfare. This thesis continues that discussion by examining legal animal rights as a potential solution to the issues of wildlife trade. The analysis is pragmatic and employs a non-formalistic view of law. Consequentially, it uses a doctrinal and legal philosophical approach, meaning that sources outside of law are integral to the discussion. The results of the analysis show that EU’s wildlife trade regulations are anthropocentric and that this has led to severe issues regarding the welfare of endangered animals. In addition, the practical enforcement of the regulations has proven defective. Legal rights for animals seem to provide a viable solution to these issues, yet their practical implementation is complicated. The reasons for this are primarily financial and opinion-based. Therefore, a step-by-step approach, starting with limited fundamental rights and resulting in full legal personhood for animals, is recommended for this approach to be successful.
25
Nimpongsak, Rachadapon. « Thai petroleum concession contract proposal for revision / ». Thesis, Available from the University of Aberdeen Library and Historic Collections Digital Resources. Restricted : no access until March 27, 2014, 2009. http://digitool.abdn.ac.uk:80/webclient/DeliveryManager?application=DIGITOOL-3&owner=resourcediscovery&custom_att_2=simple_viewer&pid=25981.
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Urapeepatanapong, Kitipong. « Legal aspects of countertrade under the General Agreement on Tariffs and Trade and the national laws of Canada and Thailand ». Thesis, University of British Columbia, 1987. http://hdl.handle.net/2429/26147.
Texte intégralRésumé :
Countertrade is no longer a new term in international trade. Countertrade will continue to grow in the next decade despite opposition from various developed countries. Nevertheless, little attention has been given to develop a generally acceptable definition of countertrade and a classification of its forms. More importantly, the study of the legal implications of countertrade under GATT and national laws of countries involved in countertrade is still limited. This thesis is a first step to explore the definition and forms of countertrade, as well as its national and international legal implications.
The first part of this thesis, respecting the overview and framework of countertrade, contains three chapters. The first chapter describes the purposes and methodology employed in the research of this thesis. Chapter two discusses the development of countertrade in world trade and the definitions and major forms of countertrade transactions. A definition of "countertrade" is proposed. The discussion of elements contained in each form of countertrade will assist classification of the forms of countertrade. The advantages and disadvantages of countertrade from the perspective of both developed and developing countries is also discussed. In Chapter three, the development of countertrade policy in Canada and Thailand is examined. The writer concludes that countertrade should be encouraged but with care taken to adopt the form most suitable to the specific problems each country is facing. Generally, Thailand and Canada should study the impacts of countertrade on their economies prior to implementing countertrade policies. In respect of their mutual relations, Thailand and Canada should put an emphasis on the development of countertrade practice in the forms of Offsets and Compensation.
The second part respecting the legal implications of countertrade, consists of Chapters four, five and six. Chapter four examines the legal implications of countertrade under the major provisions of the GATT and its Codes. The writer concludes that there are a number of unresolved problems with which GATT and the Codes cannot deal efficiently because they were drafted while countertrade was still unimportant in international trade. A study of the impact of countertrade and a detailed study of the legal implications under GATT is still required. In Chapters five and six, the writer examines countertrade transactions under the private and regulatory laws of Canada and Thailand. The discussion, within the limited scope of the thesis, is aimed only at providing some precautions respecting possible effects of such laws on countertrade transactions. The private law aspect deals only with basic problems of choice of law principles, the State Immunity principle, and the enforcement of foreign or international arbitral awards that arise from disputes concerning countertrade agreements. The discussion of regulatory law is divided into three parts based on the purposes and nature of the legislation: Fiscal and other regulatory control laws; Remedial regulatory laws; and the Promotion and Administrative regulatory law. Specific provisions of the legislation are examined. Certain suggestions are made for reform of the law.
The last part of this thesis, Chapters seven relates to practical consideration of negotiating and drafting countertrade agreements. The purpose of this part is to guide practitioners in preparing and structuring countertrade agreements efficiently. The writer also suggests the preparation of model countertrade agreements to overcome problems of time and cost in drafting agreements, and to strengthen the developing countries' bargaining power. Chapter eight, the conclusion, summarizes the major points which are discussed in previous chapters.
The diversity of countertrade transactions probably precludes the development of uniform domestic or international rule to regulate this type of international commerce. This thesis has shown that lawyers in developed and. developing countries need, however, to be aware of the special nature of countertrade transactions when considering the application of laws of a general character so as to preserve the value of this form of trade.Law, Peter A. Allard School of
Graduate
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Pool, Estelle. « Insider trading : has legislation been successful ? » Thesis, Stellenbosch : Stellenbosch University, 2008. http://hdl.handle.net/10019.1/6172.
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Thesis (MBA (Business Management))--Stellenbosch University, 2008.ENGLISH ABSTRACT: This research report reviews South African and international legislation aimed at preventing insider trading and provides an overview of the successful criminal and civil proceedings taken against insiders. It highlights the possible preventative measures South African companies and legislature can take to reduce insider trading. The United States of America is one of the few countries that had successfully implemented legislation prohibiting insider trading prior to the 1990s. Most countries, including South Africa, only implemented legislation prohibiting insider trading in the late 1990s. Due to apartheid and sanctions against South Africa, the JSE has built up a legacy of being an insider's haven. The Directorate of Market Abuse has the task of transforming this legacy to restore investors' confidence in the market in order to promote economic growth. The success of the legislation is firstly measured by the knowledge the market has gained relating to insider trading since the implementation of the legislation. According to the South African market, insider trading is unethical, but 22% of the participants in the G:cnesis survey still believe that it is an acceptable practice in the South African market. South African companies therefore need to educate their employees and take preventative measures to reduce insider trading in order to erode this culture. Insider trading can only be prevented and reduced if legislation is enforced. Globally, few legal criminal proceedings have been successful, therefore legislation in most countries makes provision for civil remedies. As the burden of proof in a civil legal proceeding is only on "a balance of probabilities", civil proceedings against insiders have been successful. In South Africa, the majority of cases referred for civil legal action have been settled out of court by the alleged insider without admitting guilt to a criminal offence. The South African legislation regulating insider trading in the market is aligned with legislation globally. South Africa's future challenges are to maintain the initial success achieved in reducing insider trading. The establishment of a specific court specialising in financial crime and monitoring specific changes to legislation could increase the possibility of future success.
AFRIKAANSE OPSOMMING: Die projek ondersoek die Suid-Afikaanse en internasionale wetgewing teen binnehandel. Verder word die suksesvolle kriminele en siviele verrigtinge teen diegene wat hulle aan binnehandel skuldig maak onder die soeklig geplaas. Die projek beklemtoon die moontlike voorkomingsmaatreels wat Suid-Afrikaanse maatskappye en regslui kan implementeer om moontlike toekomstige binnehandel te bekamp. Die Verenigde State van Amerika is een van die min lande wat reeds voor die 1990s wetgewing teen binnehandel suksesvol geimplementeer bet. Ander lande, insluitend Suid-Afrika, het eers in die laat 1990s wetgewing teen binnehandel geproklameer. Apartheid en sanksies teen Suid-Afrika het 'n nalatenskap van vrye binnehandel op die JSE gelaat. Dit is die taak van die Direktoraat van Markmisbruik om hierdie nalatenskap uit te wis, sodat beleggersvertroue in die mark herstel kan word, wat weer tot ekonomiese groei sal lei. Een van die maatstawwe om die sukses van die wetgewing te meet, is om te bepaal hoeveel kennis die finansiele gemeenskap sedert die implementering van die nuwe wetgewing ingewin het. Volgens die finansiele gemeenskap is binnehandel oneties, maar 22% van die deelnemers aan die G:encsis-opname glo dat binnehandel wel in Suid-Afrika aanvaarbaar is. Daarom moet Suid-Afrikaanse maatskappye hulle werknemers se kennis oor binnehandel verbreed en ander voorkomende maatreels in plek stel om die kultuur van binnehandel te elimineer. Binnebandel kan slegs voorkom en verminder word indien wetgewing geimplementeer word. Relatief min kriminele sake teen binnehandel lei tot skuldigbevinding, maar plaaslike en internasionale wetgewing maak voorsiening vir siviele aksies. In 'n siviele hofsaak moet ingediende bewyse slegs na alle waarskynlikheid die skuld van die oortreder bewys, wat suksesvolle siviele vervolging moontlik maak. Die meerderheid siviele sake in Suid-Afrika word buite die bar geskik sonder dat die aangeklaagde skuld aan 'n kriminele daad erken. Die Suid-Afrikaanse wetgewing is in lyn met internasionale standaarde. Suid-Afrika staar verskeie uitdagings in die gesig ten opsigte van die handhawing van die huidige suksesvolle bekamping van binnehandel. Die moontlike totstandkoming van 'n spesiale hof, wat slegs finansiele verwante oortredings aanhoor en veranderings aan die wetgewing kontroleer, kan bydra tot die toekomstige sukses van die Suid-Afrikaanse wetgewing.
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Chen, Yi. « Food safety and international trade : international legal issues and challenges facing Chinese food exports / ». Thesis, University of Macau, 2012. http://umaclib3.umac.mo/record=b2580105.
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Marquet, Jeannine M. « Les céréaliers français et l'Europe ». Doctoral thesis, Universite Libre de Bruxelles, 1988. http://hdl.handle.net/2013/ULB-DIPOT:oai:dipot.ulb.ac.be:2013/213307.
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Desgagné, Richard. « La participation des états au commerce international : les contrats gouvernementaux en droit comparé et en droit international ». Thesis, McGill University, 1991. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=60704.
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The study is about the activities of public entities in international trade, more precisely, about international government procurement. The law of government contracts, in international and municipal law, seeks to balance the stability of contractual relations between the parties and the mutability of the contract which flows from a recognition of the primacy of the public interest. The precise balance struck varies from one legal system to another. Part One of the work looks, firstly, at the recognition, immunities and capacity of public entities in international commercial transactions. Secondly, it treats the conflict of laws rules applicable before national and arbitral jurisdictions. Thirdly, it explores the various possibilities of applicable law, namely the law of the contracting State, the lex mercatoria and public international law. Part Two examines, from a comparative perspective, the notions of "public body", "public contract" and "contrat administratif" in Ameircan, English and French law. The third part explores two main themes. Firstly, the process of procurement in national law, European law, and under the Agreement on Government Procurement; and secondly, the question of the stability of the contractual obligations which can be disturbed by unilateral interventions of the contracting public entity and by external supervening events.
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Dema, Perisuo. « Structuring of reserve based finance for petroleum production in Nigeria : contractual, regulatory and tax issues ». Thesis, University of Aberdeen, 2014. http://digitool.abdn.ac.uk:80/webclient/DeliveryManager?pid=214822.
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Kirabira, Godfrey. « The development of a model on which to base franchise relationships ». Thesis, Port Elizabeth Technikon, 2002. http://hdl.handle.net/10948/85.
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This paper aims at developing a model on which to base good quality franchise relationships. The franchise sector has the potential to generate wealth for the franchisee and the franchisor, create employment and be a tool of empowerment. It is also associated with relatively less risk than other forms of self-employment. However, there have been a disturbing number of failures in the sector and reported cases of abuses of franchisees by franchisors. Some franchisors have sought liquidation of franchise units in courts of law. An investigation was commissioned into the sector with the objective of uncovering problems in the quality of the relationships in the sector. The obligations of both the franchisees and franchisors were stipulated. Aspects of quality were then considered to lay a foundation upon which improvements in the relationships could be based. This was followed by a survey to find the performance gap between the quality of service that was expected from the franchisor and what the franchisees were actually receiving. Five dimensions of service quality – tangibles, reliability, responsiveness, assurance and empathy were empirically investigated. The findings of this research revealed that the quality of service of franchisors fell short in all dimensions. It is arguable that other aspects of quality are being neglected by the franchisors. It is against this backdrop that a model is proposed to improve the quality of service in the franchise relationships. The model incorporates contemporary ideas on quality. Principles of total quality management, quality function deployment, customer satisfaction and self-assessment are applied to the franchise relationship. The use of the model will contribute towards better relationships in the franchise sector.
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Yung, Ka-wing, et 容嘉榮. « Access to the environmental legislation : do the local manufacturers understand their legal obligations ? » Thesis, The University of Hong Kong (Pokfulam, Hong Kong), 1999. http://hub.hku.hk/bib/B31254469.
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Daitch, Vicki. « Natural science and the American government : fur seal management from gilded age to progressive era ». Thesis, Virginia Tech, 1991. http://hdl.handle.net/10919/44215.
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Woker, Tanya Ann. « Regulating franchise operations in South Africa : a study of the existing legal framework with suggestions for reform ». Thesis, Rhodes University, 2009. http://hdl.handle.net/10962/d1015719.
Texte intégralRésumé :
This thesis analyses the existing legal framework that applies to franchising in South Africa today. The study begins with an examination of the history and nature of the franchise contract, focusing particularly on the nature of the franchise relationship. This study is undertaken in order to substantiate the argument that franchising is a unique method of doing business. There is a need therefore to recognise that the franchise contract is a special contract in its own right, just like contracts of sale, lease, insurance and suretyship. The study then goes on to examine the problems which are experienced in the sector, as well as the law which must provide solutions to these problems. The research will show that in a modern commercial world the existing legal framework, especially the common law, cannot adequately deal with many of these problems. The complex relationship between franchising and competition law is also explored. A common thread that emerges from franchise disputes is the lack of protection afforded to the interests of franchisees. Franchisees tend to be at the mercy of economically stronger franchisors, hence the belief that there is a need for a stronger regulatory framework. The study then shifts to proposals for reform. In 2000 the Department of Trade and Industry (DTI) established the Franchise Steering Committee in conjunction with the Franchise Association of South Africa (FASA) to review the regulatory environment. This Committee drafted franchise legislation which aimed to bring the regulation of the sector under the control of the DTI. This legislation has not been implemented and the DTI has changed its strategy. Instead of dealing with franchising independently, franchising will fall within the scope of consumer protection legislation. Both the consumer protection legislation and the legislation proposed by the Franchise Steering Committee are thoroughly examined and explained. Shortcomings in the proposals are highlighted and an alternative approach is recommended. It is proposed that franchise-specific legislation should be introduced but that this legislation should establish a system of co-regulation between the government and the franchise sector.
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Philipp, Julia. « The Criminalisation of Trading in Influence in International Anti-Corruption Laws ». Thesis, University of the Western Cape, 2009. http://etd.uwc.ac.za/index.php?module=etd&action=viewtitle&id=gen8Srv25Nme4_3574_1282236062.
Texte intégralRésumé :
Despite being mentioned in most international anti-corruption instruments, trading in influence appears only rarely in the spotlight of legal practice and literature. This paper aims to shed some light on the issue. The main objective is to highlight the different forms of trading in influence stipulated in various international agreements and national laws in order to draw a comprehensive picture of this offence. Furthermore, by identifying and critically appraising the core issues connected with trading in influence, this paper aims to provide recommendations which may be of use to states obliged to implement or to consider implementing this offence.
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Shen, Xin. « Legal issues relating to subsidies and countervailing measures with a specific reference to non-market economies and the case of China ». Thesis, University of Macau, 2009. http://umaclib3.umac.mo/record=b2132684.
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Moore, Gregory Allison Business Law & Taxation Australian School of Business UNSW. « A theory-based description of Australian franchising regulation ». Publisher:University of New South Wales. Business Law & ; Taxation, 2008. http://handle.unsw.edu.au/1959.4/41223.
Texte intégralRésumé :
This paper examines franchising regulation in Australia as a case study for the analysis of regulation based on established regulatory theory. A literature review is conducted to establish and critique the theory of regulation based on the four main areas of established theory; regulatory purpose, regulatory strategies, rulemaking and enforcement. Case study data is drawn from primary source material and academic commentary on franchising regulation and presented according to the eras of franchising regulation in Australia, moving from the first proposals for legislation in the 1970s to the prescribed mandatory Franchising Code of Conduct model adopted in 1998 and refinements made to that scheme up to 2006. An analysis is then conducted on each major aspect of Australian franchising regulation using the established theoretical principles and analytical constructs available in the literature. The study concludes that the Franchising Code of Conduct regime, as a culmination of the experience gained and study undertaken in the preceding eras, is characterised by the availability of a broad range of enforcement options from harsh deterrence-oriented measures to more gentle and cooperative compliance-oriented options constituting an effective regulatory pyramid. The effectiveness of the regime is further bolstered by the presence of a credible regulatory strategy pyramid which emphasises the real possibility of escalated intervention, coupled with skilful deployment by the Australian Competition and Consumer Commission as enforcement agency. The principal weakness of the scheme is identified as unnecessarily ambiguous drafting in some areas, which compromises the quality of the otherwise highly transparent ruleset. It is suggested that the choice of regulatory strategy, often a focus of superficial examinations of regulation, is largely irrelevant to the nature of the regulation, with other features such as enforcement strategy, legitimacy, and availability of credible sanctions proving much more important. A proposal for an analytical framework based on the established theory is developed based on the experience of applying that theory to the case study. While this outlined framework assists in broadening focus across the entire regulatory regime to encourage assessment of the component parts, a lack of cohesion and linkage amongst the components highlights a shortcoming in the development of regulatory theory and an opportunity for further research.
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Shirai, Tomoko. « The WTO and the mandatory labeling of generically modified foods / ». Thesis, McGill University, 2004. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=81235.
Texte intégralRésumé :
The manipulation of nature using modern biotechnology has resulted in the creation of Genetically Modified (GM) foods. There are states already enacting laws requiring the mandatory labeling of GM foods so that consumers can make informed choices as to what food to eat. However, on the flip side, the mandatory labeling of GM foods can also constitute non-tariff barriers as it can impose burdens on states that export GM foods. How should these two interests be balanced? This thesis takes the ambitious challenge of exploring whether the mandatory labeling of GM foods enacted under the government's protection of the consumers' right to information regarding what food to consume is consistent with the World Trade Organization (WTO) framework, particularly the Agreement on Technical Barriers to Trade (MT Agreement). This thesis holds the view that the WTO, an international organization established to promote trade liberalization, can incorporate protection of consumers' interests by including it within to the interpretation of "legitimate objective" contained in Article 2.2 of the TBT Agreement. Rather, the heart of problem lies in the threshold setting of exempting mandatory labeling. In particular, the dispersed threshold should be adjusted hi order to solve this issue, this thesis contends that both the TBT Committee and the dispute settlement system should be utilized.
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Havemann, Luke Paul. « Greening upstream South Africa : a critical and comparative enviro-legal analysis of the offshore oil and gas activities of the United Kingdom and South Africa ». Thesis, University of Aberdeen, 2010. http://digitool.abdn.ac.uk:80/webclient/DeliveryManager?pid=158422.
Texte intégralRésumé :
This thesis essentially constitutes an analysis of laws designed to protect the marine environment from the pollution arising from the exploitation of offshore oil and gas reserves, Chapter 2 addresses not only the origin and nature of oil and gas, but also the techniques employed in surveying for and producing these energy forms. Chapters 3 and 4, in turn, outline the history of offshore operations in South Africa and the UK, respectively, with regard, inter alia, to the location, size and economic significance of these operations. In order to properly address the South African legal framework's failure to adequately regulate pollution arising from offshore upstream operations, an explanation of the nature and forms of such pollution must first be set out. Chapter 5 analyses the concept of pollution from a legal perspective, while also giving detailed consideration to the various forms of pollution that may arise at each of the three stages of offshore oil and gas operations, which are surveying, drilling and production, and decommissioning. Chapter 6 has a dual focus. Firstly, it discusses particular environmental principles that underpin the development and application of environmentally orientated laws. Secondly, it considers various regulatory techniques and their suitability to environmental regulation of the offshore industry. Chapter 7 provides a detailed overview of the international legal framework applicable to offshore oil and gas operations. Chapters 8 and 9 consider the aspects of the UK's and South Africa's domestic legislation that provide for the environmental regulation of offshore oil and gas operations. Both chapters are structured so as to identify enviro-legal considerations relevant to each stage of offshore upstream operations. Both also contain critiques of the manner in which the relevant South African environmental law compares to that of the UK. To this end, legal lacunae and differences in regulatory approaches are identified and various suggestions are made for improving the current South African state of affairs. An argument is submitted for the formulation of a statutory solution to the South African predicament, particularly by means of the promulgation of an entirely new Act specifically designed to regulate the country's rapidly escalating offshore oil and gas industry.
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Laporta, José Luis. « The standard of review under the North American Free Trade Agreement Chapter 19, a comparative study with particular emphasis on the law of Mexico ». Thesis, National Library of Canada = Bibliothèque nationale du Canada, 1999. http://www.collectionscanada.ca/obj/s4/f2/dsk2/ftp03/MQ64287.pdf.
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Gagnon, Hugo-Pierre. « Bill C-55 and the UNCITRAL model law on cross-border insolvency : the harmonization of Canadian insolvency legislation ». Thesis, McGill University, 2006. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=101817.
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Bill C-55 proposes amendments to the Canadian Bankruptcy and Insolvency Act and the Companies' Creditors Arrangement Act tailored on the procedural framework contemplated by the UNCITRAL Model Law on Cross-Border Insolvency. This thesis demonstrates that implementation of these amendments will bring Canadian insolvency law into closer---but by no means complete---alignment with the doctrine of modified universalism reflected in the Model Law. To this end, the thesis undertakes an analysis of the different theoretical approaches to cross-border insolvency, shows the importance of instrument choice in determining the level of global harmonization attained, and reviews recent projects of harmonization. This is followed by a close comparative analysis of the extent of compliance of the provisions of Bill C-55 with the Model Law, an analysis that demonstrates the shortcomings of model laws and, somewhat paradoxically, their important role and function in eventually bringing about global legal harmonization.
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劉璐. « 中國大陸與巴西商業秘密法律保護制度之比較研究 =Comparative study on the legal system protecting trade secret between mainland China and Brazil ». Thesis, University of Macau, 2018. http://umaclib3.umac.mo/record=b3952161.
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Delewski, Mark. « Nahrungsergänzungsmittel im europäischen Wirtschafts- und Verwaltungsraum / ». Baden-Baden : Nomos-Verl.-Ges, 2003. http://bvbr.bib-bvb.de:8991/F?func=service&doc_library=BVB01&doc_number=014847918&line_number=0001&func_code=DB_RECORDS&service_type=MEDIA.
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Cornelis, Joris. « The EU's anti-dumping policy towards China : adiscriminatory policy and unfair methodology ? » Thesis, The University of Hong Kong (Pokfulam, Hong Kong), 2005. http://hub.hku.hk/bib/B3655084X.
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Baronnat, Emilie. « The US and EC antitrust control of transatlantic airline alliances / ». Thesis, McGill University, 2007. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=112599.
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The international civil aviation system is currently going through a transitional phase. Deregulation and liberalization of air transport services and privatisation of certain airlines have contributed to the modification of the aviation landscape. In this context, airline alliances play a crucial role. Both the US and EC authorities have been supportive of airline alliances because they believe that alliances have the potential to increase competition and to provide the consumers with benefits.The first part of this thesis intends to provide economic and historical background to highlight the reasons for the multiplication of alliances, as well as the political and economic circumstances under which competition authorities assess alliances. The second part of this thesis is meant to determine which legal regime is applied to transatlantic alliances, and whether alliances are assessed like agreements among companies in any other business sector. The third part focuses more specifically on the antitrust control of the Sky Team alliance which occurs in the context of the EU/US Open skies agreement.
47
Li, Lei. « Community interest in the European antidumping law ». Thesis, University of Macau, 2006. http://umaclib3.umac.mo/record=b1637074.
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Ayuso, Villaseñor Horacio. « Antidumping in North America : analysis from a Mexican perspective with emphasis on NAFTA Chapter 19 ». Thesis, McGill University, 2002. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=78199.
Texte intégralRésumé :
The increase of antidumping measures could represent a source of mounting frictions in the trading systems among Canada, United States and Mexico. Mexico is an active user of antidumping measures suggesting that both private sector groups and government policy makers have found antidumping measures to be a convenient response to the pressures of import competition.In the last two decades, Mexico has opened its economy to international commerce. Nevertheless, its economy and legal system are not comparable to those of the United States or Canada, although it has adopted analogous antidumping laws. The Mexican antidumping practice is based today on common law practices influencing civil law formalities. In the NAFTA context, more specifically, in its Chapter 19, legal problems facing the binational panel review system have arisen from Mexico's different legal tradition, notably in the areas of transparency and procedural issues, standard of review, parallel amparo and the power of panel vis-a-vis national courts. The procedural requirements of the Antidumping Agreement prove a challenge for Mexico and will likely lead to trade disputes concerning procedure because it lacks the tradition of administrative and legal process.
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Pillay, Neermala Neelavathy. « Assessed losses : the trade and income from trade requirements as set out in section 20 of the Income Tax Act of 1962 ». Thesis, Nelson Mandela Metropolitan University, 2012. http://hdl.handle.net/10948/1670.
Texte intégralRésumé :
Section 20 of the Income Tax Act, No 58 of 1962 allows a taxpayer that incurs an assessed loss to carry forward the balance of assessed loss incurred, to be set off against taxable income earned in or added to losses incurred in future years. The issues regarding the carry forward of assessed losses in terms of section 20 is complex and in terms of the said section, a company is only entitled to set off its assessed loss from the previous year against its taxable income in the current year, if the taxpayer has carried on a trade during the current year and has derived income from that trade. Under the provisions of section 20(2A), a taxpayer other than a company can utilise an assessed loss even if no trading has been conducted. Assessed losses of natural persons, may however be ring-fenced. The aim of this treatise was twofold. Firstly it was to gain clarity on the „trade‟ and „income from trade‟ issues and secondly to compare South African legislation with that of Australia, with a view to recommending a change in our rules regarding the treatment of assessed losses in the context of companies. The critical lessons to be learned from the cases presented, is that liquidators, creditors and others must ensure that the company continues trading in order to x keep the assessed losses valid. Realisation of assets (including stock), and the collection of outstanding debts during liquidation does not constitute the carrying on of a trade in terms of s 20(1). The continuity of trade is an important element in regard to the carry forward of assessed losses to be utilised in the current and future years. Therefore it is important that a company carries on some activity that falls within the definition of trade. In the landmark case of SA Bazaars, it was held that a company did not have to trade continuously throughout the year to qualify for the set-off of the assessed loss or carry forward of the assessed loss, that is, to trade for say part of the year. The court however left open the issue of whether it was necessary to derive income from that trade. In order to clarify the issues regarding assessed losses, SARS issued Interpretation Note 33 granting taxpayers a concession in certain cases where a company has traded, but not derived income from that trade. But in ITC 1830, the court ruled that a company must trade and must derive income from that trade in order to carry forward its assessed loss, which effectively means that SARS cannot apply Interpretation Note 33. SARS does not have the authority to make concession which is contrary to the wording of the Act. xi In Australia, operating losses can be carried forward indefinitely to be set-off against future income, provided a company meets the more than 50% continuity of ownership test. Where the continuity test fails, losses can be deducted if the same business is carried on in the income year (the same business test). From the research conducted and in order to solve the issues surrounding the carry forward of assessed losses it was suggested that one of the following be adopted :- The method used in Australia for the carry forward of assessed losses., or A decision of the Supreme Court of Appeal is needed for a departure from the literal meaning of the words pertaining to the requirements regarding the carry forward of assessed losses. Furthermore, to clarify the definition of „income‟, as used in the context of s20, is it gross income less exempt income or taxable income?. If section 20 relates to taxable income, then an assessed loss will never be increased, which it is submitted, is not what the legislature intended. Section 20 ought to be revisited to eliminate any uncertainty about the income requirement and in the context in which the word „income‟ is used in that section.
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Grimett, Leticia Anthea. « Protectionism and compliance with the GATT article XXIV in selected regional trade arrangements ». Thesis, Rhodes University, 1999. http://hdl.handle.net/10962/d1003188.
Texte intégralRésumé :
The General Agreement on Tariffs and Trade (GATT) 1994 has resulted in the GATT Contracting States making a renewed commitment to freer global trade and trade liberalisation. These Contracting States signalled their commitment to GATT policies and principles by undertaking to abolish all those non-tariff barriers which were not converted to tariffs and to decrease all tariffs applied by their domestic economies. The movement away from protectionism is intended to bring contracting states in line with the GATT most-favoured-nation and national treatment principles. The only exceptions to these principles are the regional trade arrangements which can be implemented in accordance with Article XXIV of GATT 1947 and the Understanding on the Implementation of Article XXIV of GATT 1947. Regional trade arrangements such as customs unions and free-trade areas have been allowed by the GATT as they are deemed to promote trade liberalisation through the removal of substantially all trade restrictions between countries party to these trade arrangements. In practice this has not been the case, however, as these regional trade arrangements have been known to apply very protectionist trade policies. This research determines whether regional trade arrangements are inherently protective ie does the nature of these regional trade arrangements encourage protectionism? The external trade policies of the European Union (EU), Association of Southeast Asian Nations (ASEAN), Southern African Development Community (SADC) and the Southern African Customs Union (SACU) are analysed to determine whether the contracting parties to regional trade arrangements have corrupted the GATT provisions and so contributed towards the protectionist nature of these regional trade arrangements. The internal trade provisions relating to the implementation of these regional trade arrangements have also been discussed to determine their compliance with Article XXIV of GATT 1947. As all the selected regional trade arrangements have direct or indirect links to South Africa, the implications of the policies chosen by these parties for South Africa have also been discussed. Analysis of the EU, SADC, SACU and ASEAN has shown that prior to the adoption of the GATT 1994, the free-trade areas and customs unions were not implemented in accordance with Article XXIV provisions. These regional trade arrangements have been moulded to fit the economic aspirations of the relevant contracting states. Of the regional trade arrangements accepted by the GATT, free-trade areas have been found to be the least protectionist and are the least likely to be perverted by contracting parties. Customs unions, on the other hand, may encourage contracting parties to protect their economies as they rely on group participation rather than individual participation. Individual Member States become responsible to the group which provides these states with greater economic power. As a result Member States are motivated to protect the new group entity from outside competition. In this way, they are inherently protective. Safeguards are therefore necessary to protect individual non-Member States from such behaviour. The implications of protectionism for South Africa, SADC and SACU have also been discussed.