Articoli di riviste: "Business enterprises – Law and legislation – United States"

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Guinnane, Timothy, Ron Harris, Naomi R. Lamoreaux e Jean-Laurent Rosenthal. "Putting the Corporation in its Place". Enterprise & Society 8, n. 3 (settembre 2007): 687–729. http://dx.doi.org/10.1017/s1467222700006224.

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This article challenges the idea that the corporation is a globally superior form of business organization and that the Anglo-American common-law is more conducive to economic development than the code-based legal systems characteristic of continental Europe. Although the corporation had important advantages over the main alternative form of organization (partnerships), it also had disadvantages that limited its appeal to small- and medium-sized enterprises (SMEs). As a result, when businesses were provided with an intermediate choice, the private limited liability company (PLLC) that combined the advantages of legal personhood and joint stock with a flexible internal organizational structure, most chose not to organize as corporations. This article tracks the changes that occurred in the menu of business organizational forms in two common-law countries (the United Kingdom and the United States) and two countries governed by legal codes (France and Germany) and presents data showing the rapidity with which firms in each country responded to enabling legislation for PLLCs. We show that the PLLC was introduced first and most easily in a code country (Germany) and last and with the most difficulty in a commonlaw country (the United States). Late introduction was associated with prolonged use of the partnership form, suggesting that the disadvantages of corporations did indeed weigh heavily on SMEs.

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Narimani, Bagher, Alireza Lotfi e Mozaffar Bashokooh. "Sole companies: analysis and feasibility in Iran and the United States of America". Cuestiones Políticas 40, n. 73 (29 luglio 2022): 955–64. http://dx.doi.org/10.46398/cuestpol.4073.55.

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The purpose of the article was to analyze the legislation governing sole proprietorships in Iran. Although the new draft commercial law and the existing laws in European and American companies indicate the possibility of forming a sole proprietorship, it is not possible in Iran to form a sole proprietorship under the existing regulations, especially the existing commercial law. Methodologically in the essay, based on a comparative study on American commercial law and through analytical issues, we point out that, from the analytical (not legal) point of view, the formation of such corporations not only does not face any strong obstacles, but also, it can be beneficial in various ways. We then present the benefits of the Single Corporation and finally discuss the administration and liquidation of these Corporations. Everything allows us to conclude that, the idea of forming a sole corporation is unusual in Iran, but it is also accepted by the state-owned companies. Therefore, the Iranian legislator can develop this idea and apply it to private business enterprises. However, it is noted that permission to run such companies should be considered while ensuring the rights of third parties.

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Weideman, Jeanette, e Leonie Stander. "European and American Perspectives on the Choice of Law Regarding Cross-Border Insolvencies of Multinational Corporations – Suggestions for South Africa". Potchefstroom Electronic Law Journal/Potchefstroomse Elektroniese Regsblad 15, n. 5 (1 giugno 2017): 133. http://dx.doi.org/10.17159/1727-3781/2012/v15i5a2522.

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An increase in economic globalisation and international trade has amounted to an increase in the number of multinational enterprises that have debt, own assets and conduct business in various jurisdictions around the world. This, coupled with the recent worldwide economic recession, has inevitably caused the increased occurrence of multinational financial default, also known as cross-border insolvency (CBI). The legal response to this trend has, inter alia, produced two important international instruments that were designed to address key issues associated with CBI. Firstly, the United Nations Commission on International Trade Law (UNCITRAL) adopted the UNCITRAL Model Law on Cross-Border Insolvency (the Model Law) in 1997, which has been adopted by nineteen countries including the United States of America and South Africa. Secondly, the European Union (EU) adopted the European Council Regulation on Insolvency Proceedings (EC Regulation) in 2000. Both the EC Regulation and Chapter 15 adopt a “modified universalist” approach towards CBI matters. Europe and the United States of America are currently the world leaders in the area of CBI and the CBI legislation adopted and applied in these jurisdictions seems to be effective. As South Africa’s Cross-Border Insolvency Act is not yet effective, there is no local policy guidance available to insolvency practitioners with regard to the application of the Model Law. At the basis of this article is the view that an analysis of the European and American approaches to CBI matters will provide South African practitioners with valuable insight, knowledge and lessons that could be used to understand and apply the principles adopted and applied in terms of the EC Regulation and Chapter 15, specifically the COMI concept, the “establishment” concept in the case of integrated multinational enterprises and related aspects.

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Szasz, Paul C. "The United Nations Legislates to Limit its Liability". American Journal of International Law 81, n. 3 (luglio 1987): 739–44. http://dx.doi.org/10.2307/2202029.

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By now everyone in the United States, certainly every lawyer, must be conscious of the tort liability crisis and the consequent liability insurance crisis. Private individuals, businesses, not-for-profit enterprises and even governmental units, from school boards to the federal Government, are finding that the damages they have to pay or their insurance costs are skyrocketing, sometimes catastrophically or even cripplingly; as a result, worthwhile events must be canceled and valuable facilities are idled. Although it may be thought that these mundane concerns cannot affect an international organization—even one, like the United Nations, based in the United States—that surely it can shelter itself with its immunity, this unfortunately is not so. Although the United Nations, like other intergovernmental organizations, does enjoy full jurisdictional immunity, based generally upon its Charter but more specifically on international treaties and even national legislation, there is somewhat less to this protection than meets the uninformed eye. Since their member states expect the organizations they establish to be good international citizens, they have prohibited them from hiding behind their functional immunity for the purpose of evading either contractor tort-related responsibilities. Indeed, they may only use their immunity in order to avoid litigation in a national court or some other inappropriate forum; but if they cannot resolve a dispute, for example with a tort claimant, they must offer some other suitable means of settling the matter, such as by arbitration.

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PETROVA, A. V. "SUSTAINABLE CORPORATE GOVERNANCE OF AMERICAN SOCIAL ENTERPRISES UNDER THE PRESSURE OF NEW TRENDS". Economic Problems and Legal Practice 20, n. 1 (28 febbraio 2024): 76–83. http://dx.doi.org/10.33693/2541-8025-2024-20-1-76-83.

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With minimal federal regulation, state legislation and precedent in the United States, the institutional environment for social enterprises, the development of social responsibility of business and sustainable corporate governance has generally been formed. It is distinguished by active support for social initiatives of business, a minimum of administrative barriers and interference in matters of their internal management, and the presence of special legal regimes. At the same time, the economic effectiveness of sustainable corporate governance is not known; its principles are also not enshrined at the federal level, but are implemented through the charters of corporations and social entrepreneurship organizations. The type and specifics of sustainable management depend on the type of organization. They are fully implemented in the organizational and legal forms of SPC and BC. The main problem in implementing the principles of sustainable management by the owners and management of social corporations remains the search for a balance between profit and social interests, including an objective assessment of the level of achievement of the latter. This balance is achieved not by the application of corporate law, which varies from state to state, but by the application of the business judgment rule, based on precedent, which implies a high degree of discretion and the difficulty or even impossibility of an objective assessment. Sustainable corporate governance is under increasing pressure from multidirectional non-economic trends leading to socialization, greening and politicization of business to the detriment of its traditional goals. The American federal, decentralized model of legal regulation of social entrepreneurship does not correspond to the development trends of the Russian legal system, where the trends of centralization of regulation dominate. The American legal model of sustainable corporate governance is implemented mainly in large international corporations, which no longer exist in Russia, which significantly reduces the relevance of the experience.

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Oluwasemilore, Ifeoma Ann. "Nigerian intellectual property protection for small and medium-sized enterprise (SME) fashion designers in the digital economy". South African Intellectual Property Law Journal 10, n. 1 (2022): 38–65. http://dx.doi.org/10.47348/saipl/v10/a3.

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Nigerian fashion entrepreneurs are finding the market increasingly appealing due to the growing viability of small and medium-size enterprises (SMEs) in the fashion industry, particularly online retail fashion stores, and the easy accessibility of the Internet and digital media. However, with intellectual capital being the hallmark of the fashion industry, the nearly constant violation of intellectual property (IP) rights is a threat to the fashion sector’s continued existence and profitability in Nigeria. Fashion businesses are thwarted by an antiquated IP regime and the conflicting decisions of the courts on infringement cases which continue to frustrate the marketing of fashion brands on social media. This study used a descriptive and analytical approach, relying on both primary and secondary data, to analyse and assess the laws available for the protection of fashion designers’ intellectual works. The study also considers the various developments in fashion IP protection in more advanced countries, such as the United States and in the European Union, and makes practical recommendations to support the growth of IP law, fashion legislation and the Nigerian fashion industry in the digital economy.

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Fruscione, Alessandro. "Article: The European Commission Proposes a Regulation to Ban Products Made With Forced Labour". Global Trade and Customs Journal 18, Issue 3 (1 marzo 2023): 120–24. http://dx.doi.org/10.54648/gtcj2023013.

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On 14 September 2022, the European Commission presented a proposal for a Regulation (Proposal for a Regulation of the European Parliament and of the Council banning products made with forced labour on the Union market, COM (2022) 453 final of 14 September 2022, https://eurlex. europa.eu/legal-content/EN/TXT/?uri=CELEX%3A52022PC0453) aimed at banning from the EU market products made with forced labour. The proposal – which concerns both imported products and those manufactured in the Union territory to be destined for internal consumption or export and does not focus on specific types of enterprises, thus also affecting very small ones – will now have to be discussed and approved by the European Union Parliament and Council to become an effective legislative act and will apply after twenty-four months from its entry into force. The Regulation Proposal of the European Commission appears to be wide-ranging, and doesn’t identify – at least in this first phase – specific product categories or certain producer countries, unlike what was decided by other countries (For example, the United States of America, in the framework of the bans on the import of goods made with forced labour, on 21 June 2022 adopted the Uyghur Forced Labor Prevention Act (UFLPA), which tightens the ban on imports into the USA for products made with forced labour in China, particularly in the Xinjiang Uyghur Autonomous Region). The most immediate effect of the desirable approval of the Proposal in question will be represented, for Union economic operators, by the need to carry out even more careful due diligence on supply chains and, more generally, on the reliability of their suppliers, in order to mitigate the risks of placing on the market products obtained by resorting to modern slavery. Forced labour, Regulation, Importer, Exporter, Slavery, Products, Manufactured, Ban, Market, Work conditions

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KIM, Tae Hyun, e Seok Jin SON. "A Study on Fair Hiring Procedures". Institute for Legal Studies Chonnam National University 43, n. 2 (31 maggio 2023): 215–43. http://dx.doi.org/10.38133/cnulawreview.2023.43.2.215.

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Recruitment is a process whereby a job seeker (employer) seeks to establish an employment relationship with a job applicant (worker) while attempting to minimize future risks by thoroughly evaluating the job seeker. For a long time, recruitment has been considered an area of free management behavior for employers. However, according to the Constitution, job seekers are entitled to dignity and the pursuit of happiness (Article 10), equality and protection against discrimination (Article 11(1)), freedom to choose their occupation (Article 15), public service (Article 25), the right to work (Article 32), and the right to live as a human being (Article 34). The right to equality is a fundamental norm that has the nature of a natural right and is widely applied today not only in the relationship between the state and individuals but also in the relationship between individuals and individuals. Therefore, it should be applied not only in the recruitment of employees by the state or public organizations but also in the recruitment of employees by private companies. A 2019 survey by the Korea Institute of Labor Research found that blind recruitment promotes fairness and that job competency through blind recruitment is relatively high. It is essential for our society to ensure fair recruitment opportunities, as work enables workers to make a living and realize their potential. It is our challenge to secure fairness in recruitment while selecting talented individuals with excellent job skills, and society will develop in a positive direction. Consequently, the Act on Fairness in Recruitment Procedures has been amended to expand the use of blind recruitment. While the regulations under the ｢Fair Hiring Procedure Act｣ may raise concerns about infringement on the freedom of business or enterprise, the public purpose of the law justifies it, even if there is some restriction on business or enterprise freedom. As a society, we must continue to discuss improvements and complementary points regarding the introduction and activation of blind recruitment. In the meantime, fairness has become a hot topic, and companies have been incorporating artificial intelligence (AI) into their recruitment processes in recent years. For human resources teams, AI interviews are the best way to promote “fairness” and “objective evaluation” in hiring, in addition to saving time and money. However, AI is prone to bias and discrimination. This has resulted in various discussions and legislation in the United States and Europe to prevent bias in AI recruitment and promote fairness, transparency, and accountability. Employers who want to use AI recruitment must obtain the consent of job seekers in advance, explain how AI recruitment works to job seekers, and undergo an external audit of its fairness. As legal liability, fairness, and privacy will likely become issues in Korea due to AI recruitment in the future, it is necessary to revise the ｢Fair Hiring Procedure Act｣ by referring to legislative examples and actual cases in the United States and Europe to prepare for this.

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Topchiy, Vasyl, Maksym Zabarniy e Nataliya Lugina. "APPLICATION OF THE METHOD OF SWOT-ANALYSIS AS A MEANS OF STRATEGIC PLANNING DURING THE INVESTIGATION OF CRIMINAL CASES IN THE FIELD OF ECONOMICS IN BORDERS". Baltic Journal of Economic Studies 6, n. 3 (5 agosto 2020): 166–70. http://dx.doi.org/10.30525/2256-0742/2020-6-3-166-170.

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A cooperation between states in criminal cases is carried out in order to achieve the goals of justice and may exist at the stage of pre-trial investigation, trial, as well as after the entry into force of a court decision (sentence, ruling). Forms of international cooperation in the investigation of criminal cases are quite diverse. The main ones are: providing legal assistance, which consists in carrying out procedural actions, because during the investigation and trial of criminal cases there is often a need to gather evidence abroad by questioning defendants, victims, witnesses, experts, conducting searches, examinations, court inspections, seizure and transfer of items, delivery, and forwarding of documents, etc.; extradition of persons for criminal prosecution or for the execution of a court sentence; arrest, search and confiscation of proceeds of crime (states undertake to cooperate in the investigation of money laundering; assist in the investigation and take appropriate measures: to freeze bank accounts, seize property to prevent its concealment; confiscate proceeds of crime or property, value of which corresponds to the value of income, etc.). The normative basis for the international cooperation in the investigation of criminal cases is the European Convention on Mutual Assistance in Criminal Matters dated April 20, 1959; the Criminal procedural code of Ukraine; Methodical recommendations of the General Prosecutor’s Office of Ukraine; Order No. 223 “On the organization of the work of the Prosecutor’s Office of Ukraine in the field of international legal cooperation” dated September 18, 2015. The legal basis for international cooperation in criminal matters is the current bilateral and multilateral international treaties of Ukraine, the binding nature of which has been approved by the Verkhovna Rada of Ukraine. Among the multilateral international agreements, there should be noted the European conventions on criminal justice: the European Convention on the Extradition with two additional protocols to it, the European Convention on Mutual Assistance in Criminal Matters with an additional protocol to it, the European Convention on the Transfer of Proceedings in Criminal Matters, The Convention on the Transfer of Sentenced Persons with an additional protocol, The European Convention on the Supervision of Conditionally Sentenced or Conditionally Released Offenders, the Convention on Laundering, Search, Seizure, and Confiscation of the Proceeds from Crime and the European Convention on the International Validity of Criminal Judgements. In addition, the Commonwealth of Independent States has the 1993 Convention on Legal Assistance and Legal Relations in Civil, Family and Criminal Matters and its 1997 Protocol; within the framework of the United Nations, there is the Convention on Transnational Crime of 2000, together with two Protocols thereto. These multilateral international agreements establish a uniform sphere of cooperation between law enforcement and judicial authorities in relation to all European countries. Today, the most effective is the method of “SWOT-analysis”, which is currently recognized in the scientific community as one of the most popular tools in strategic planning of social processes, including in the investigation of criminal cases. Although the type of analysis is still considered by most scientists as Bohomolova Ye., (2004) a method of marketing research of enterprises in the market in the context of business practice, the object of “SWOT-analysis” can be as legislation, the practice of its application and prospects of their improvement, and materials of criminal cases. Methodology. Achieving the purpose of this publication is ensured by the use of cognitive philosophical, general scientific and special methods, among which the main are analysis and synthesis, comparative law method, which allow to identify prospects for the use in criminal cases of the method of “SWOT-analysis”, which is currently recognized in the scientific community as one of the most popular tools in strategic planning of social processes. Methods of grammatical review and interpretation of legal norms have helped to identify gaps in the legislation governing the investigation of criminal cases, in particular in the field of economics, and to develop proposals for its improvement. Practical importance. International cooperation in criminal proceedings is an organizationally complex process, which requires the use of effective and efficient methods to perform the tasks of criminal proceedings, respect for the rights and freedoms of all participants in the process, including not violating a reasonable time in the investigation. To date, science has developed many methods of analyzing the law, the practice of their application, and identifying ways to improve legislation, taking into account the results of forecasting the prospects for society and the state. To ensure a high level of quality of criminal investigations in the framework of international cooperation, it is necessary to choose the one that will give the most effective results and allow to formulate the most optimal proposals in a particular criminal case and the practice of their application. An attempt to solve this problem is presented in this study.

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Canivell, Joaquin Martin. "L’esperienza spagnola nella difesa della concorrenza". Journal of Public Finance and Public Choice 8, n. 2 (1 ottobre 1990): 125–28. http://dx.doi.org/10.1332/251569298x15668907345063.

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Abstract The promulgation of the new Italian Law for the protection of competition and the market urges a comparison with the corresponding Spanish legislation, taking also account of its evolution.In 1963 a first competition law was introduced in Spain as a consequence of a request by the United States, whose intention was to increase its business activities in Spain. Another justification of the interest of Spain for introducing this law was the idea that it could be a step forward the European Common Market.This law was not very effective and, furthermore, its life has not been very easy, though it included the main legal definitions of the EEC Treaty, in particular provisions for cartels and for abuse of a dominant position. In addition, the Spanish law introduced a definition for «dominant position».In order to implement the law, two organisms have been created: the «Service for the Defence of Competition” and the Tribunal having the same name.Both the law and the administrative system organized on its basis became almost useless, because for the first two decades very few decisions had been taken and the only proposal by the Tribunal to the Government for inflicting a sanction was not approved. By consequence, the Tribunal made no other attempts to propose measures to the Government.The revival came after the introduction in Spain of the Constitution, which was promulgated in 1978 and which established, in art. 38, a free-enterprise system in the framework of a market economy to be protected by the public authorities.A judgement by July 1st, 1986, of the Constitutional Court, confirmed that competition is a component of the market economy which protects rather than restrict the freedom of enterprise.By the end of 1985 the Service for the Defence of Competition started a new life. The same happened with the activities of the Tribunal. The number of examinations increased and after 1988 the Tribunal tried again to inflict sanctions, and it was successful.A new law for the protection of the competition was approved by the Parliament on July 17th, 1989 and is in force in Spain since that time. It is founded on the EEC Treaty and it also benefits from the experience with the previous law.Cartels and abuse of dominant position are the main objects of the law which introduced, in addition, the case of «unfair competition».The Tribunal can injunct to the undertakings to suspend their action and to eliminate its consequences. Another innovation of the law was the attribution to the Tribunal of the power to inflict fees up to 150 million pesetas (about 1,7 billion Italian lire), to be increased until the 10 per cent of the turnover.As it was with the first law, two organs are committed to the safeguard of competition: the Service for the Defence of Competition and the Tribunal. The Service has the assignment to start preliminary investigations, to supervise the enforcement of the judgements of the Tribunal, to keep the register with the annotations of authorizations, prohibitions and concentrations and to make studies on the economic system.The Tribunal is an organ of the Ministry for Economy and Finances, but is functionally independent. Its eight members (economists and lawyers) and the president are appointed by the Government for six years and can be confirmed. The president is Secretary of State and the members have the rank of general directors. Decisions are taken by the Tribunal with a majority of six votes (including that of the president or of the vicepresident).Apart from its judiciary powers, the Tribunal can express opinions and give advices upon request by the Parliament, by the Government or by Ministers, as well as by local governments, by unions and by organizations of producers and consumers.The Tribunal has also the power to authorize agreements and other actions prohibited by the competition legislation, on the basis of these reasons: 1) productive improvements or better wholesalers’ organization, technical or technological progress; 2) partecipation by the consumers to the resulting benefits.No limitations to competition can be introduced in order to obtain such results. Competition cannot be eliminated from the market or from a relevant part of it.Such authorizations are not retroactive and can be renewed or revoked.On the subject of economic concentrations, the Tribunal can take action only on request by the Minister for Economy and Finances. The notification by undertakings is voluntary. The advice provided by the Tribunal to the Minister is not binding, since the power to decide on concentrations is entirely under the responsibility of the government.The rules of procedure adopted by the Tribunal and the Service are flexible and effective in order to guarantee the rights of the citizens. The judgements of the Tribunal can be taken to the Civil Courts. Also damage compensation is decided by the Civil Courts.At the moment, there are not yet cases on the basis of the new law and those pending follow the rules of the old law.Some authorizations, instead, have been decided already by the Tribunal whose advice has been requested twice on cases of concentration.New regulations for authorizations by category will be issued in the next future. Other rules for cases of individual authorization will also be provided.The number of cases submitted to the Tribunal increases and the number (as well as the amount) of fees goes up as the public opinion realizes how beneficial can be competition for the general welfare.

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Horlick, Gary. "Climate Change Legislation in the United States and the WTO". Global Trade and Customs Journal 4, Issue 4 (1 aprile 2009): 125–27. http://dx.doi.org/10.54648/gtcj2009015.

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Zadorozhny, Оleksandr. "Private space flights: legal regulation in the United States". Law Review of Kyiv University of Law, n. 3 (10 novembre 2020): 382–88. http://dx.doi.org/10.36695/2219-5521.3.2020.71.

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The emergence of demand for space travel, the emergence of commercial enterprises and travel agencies in the space industry,the development of vehicles designed exclusively for transporting tourists into space – all this suggests that space may soon turn froma scientific object into a common destination. Therefore, today the legal regulation of private space flights is a promising issue, giventhat there is no such legislation in Ukraine. We turn to the analysis of the legislation of the United States of America to assess whatarray of regulations we will have to master if we want to develop private space flights at home.A private space flight is a space flight or development of space flight technology that is conducted and paid for by an entity otherthan a government agency. Depending on the purpose, private space flights are divided into flights for the purpose of transportation ofcargoes, and flights within the framework of space tourism.The article presents an overview and analysis of the legislation of the USA regulating private space flights, in particular, flightsfor the purpose of transportation of cargoes, and flights in the framework of space tourism. The author highlights a chronological formationof the commercialization of space, which clearly shows the gradual transition of the United States from a complete reluctanceto allow private space flights to the recognition of the indisputable economic feasibility of such activities. A significant shift in this areahas taken place since 2015, when five directives on space policy, the National Space Strategy and orders on the exploration, extractionand use of space resources were adopted.The author analyzes the main sources of space law in the United States. It was found that mostly, the legislation does not keepup with innovations in the commercialization of space, thus, there is a situation when first comes a relationship (flight of a tourist orcargo into space), and then – the legislative regulation of such relations.

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Zadorozhny, Оleksandr. "Private space flights: legal regulation in the United States". Law Review of Kyiv University of Law, n. 3 (10 novembre 2020): 382–88. http://dx.doi.org/10.36695/2219-5521.3.2020.24.

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The emergence of demand for space travel, the emergence of commercial enterprises and travel agencies in the space industry,the development of vehicles designed exclusively for transporting tourists into space – all this suggests that space may soon turn froma scientific object into a common destination. Therefore, today the legal regulation of private space flights is a promising issue, giventhat there is no such legislation in Ukraine. We turn to the analysis of the legislation of the United States of America to assess whatarray of regulations we will have to master if we want to develop private space flights at home.A private space flight is a space flight or development of space flight technology that is conducted and paid for by an entity otherthan a government agency. Depending on the purpose, private space flights are divided into flights for the purpose of transportation ofcargoes, and flights within the framework of space tourism.The article presents an overview and analysis of the legislation of the USA regulating private space flights, in particular, flightsfor the purpose of transportation of cargoes, and flights in the framework of space tourism. The author highlights a chronological formationof the commercialization of space, which clearly shows the gradual transition of the United States from a complete reluctanceto allow private space flights to the recognition of the indisputable economic feasibility of such activities. A significant shift in this areahas taken place since 2015, when five directives on space policy, the National Space Strategy and orders on the exploration, extractionand use of space resources were adopted.The author analyzes the main sources of space law in the United States. It was found that mostly, the legislation does not keepup with innovations in the commercialization of space, thus, there is a situation when first comes a relationship (flight of a tourist orcargo into space), and then – the legislative regulation of such relations.

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Fici, Antonio. "Recognition and Legal Forms of Social Enterprise in Europe: A Critical Analysis from a Comparative Law Perspective". European Business Law Review 27, Issue 5 (1 ottobre 2016): 639–67. http://dx.doi.org/10.54648/eulr2016029.

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Social enterprise lawmaking is a growth industry. In the United States alone, over the last few years, there has been a proliferation of state laws establishing specific legal forms for social enterprises. The situation is not different in Europe, where the process began much earlier than in the United States and today at least fifteen European Union member states have specific laws for social enterprise. This article will describe the current state of the legislation on social enterprise in Europe, inquiring into its fundamental role in the development of the social economy and its particular logics as distinct from those of the for-profit capitalistic economy. It will explore the models of social enterprise regulation that seem more consistent with the economic growth inspired by the paradigms of the social economy. It will finally explain why, in regulating and shaping social enterprise, the model of the social enterprise in the cooperative form is to be preferred to that of the social enterprise in the company form.

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Pan, Jiahui. "A Comparative Study on the Application of Group Liability in the Field of Environmental Torts between China and the United States". Journal of Education, Humanities and Social Sciences 1 (6 luglio 2022): 203–11. http://dx.doi.org/10.54097/ehss.v1i.662.

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As the biggest developing country, China is relatively lagging in the development of laws on environmental protection. With the increasing impact on the environment bring by the enterprises, the application of group liability in the field of environmental torts has become an urgent legal issue to be solved. This paper uses case the study method, the comparative method, and literature study method, taking Comprehensive Environmental Response Compensation and Liability Act in the United States as an example, to compare the cases, legislation, and judicial practice of China and the United States in this problem. It is concluded that the current Chinese legislation on group liability and corporate environmental responsibility is insufficient, which affects the application of group liability in environmental tort cases. Based on these shortcomings, this paper draws on the experience of CERCLA and proposes suggestions for improving China’s legislation on this issue. A relatively detailed two-step plan is arranged, including improving and perfecting the existing system of piercing the corporate veil and introducing the Environmental Liability Law.

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Goloskokov, Leonid, Andrey Leonidovich Santashov e Irina Onishchenko. "Pearl Harbor of modern civil law". Legal Science and Practice: Journal of Nizhny Novgorod Academy of the Ministry of Internal Affairs of Russia, n. 1 (27 aprile 2023): 46–51. http://dx.doi.org/10.36511/2078-5356-2023-1-46-51.

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By analogy with the events of the defeat of the American fleet in Pearl Harbor of December 7, 1941, which by default allowed by the United States itself to obtain a pretext for war and achieve strategic superiority in the world through the expansion of the dollar, in Russian law functionally similar events occurred in the field of law in the form a point change in legislation that allowed a certain group of people to achieve the global goal of redistributing financial flows of profits in their favor, which made it possible for them to buy up property in the form of fixed assets of production, industries and largest enterprises, and in the same way, by small efforts, to solve their problems of the global level.

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Brüggemeier, Gert. "Risk and Strict Liability: The Distinct Examples of Germany, the United States, and Russia". European Review of Private Law 21, Issue 4 (1 agosto 2013): 923–57. http://dx.doi.org/10.54648/erpl2013053.

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Abstract: Natural law and economic liberalism engendered the grand concept of modern European private law (freedom of contract, property, faute personnelle). Nearly simultaneously, the ongoing process of industrial revolution paved the way into 'another modernity'. Its new paradigms were technical risks, enterprises, and insurance. Insurability of losses caused by risky commercial activities and the concomitant possibility of passing on its costs to the public created the demand for 'stricter' forms of enterprise liability beyond fault. This article presents three different answers to these social challenges. Germany is but a prominent example for the continental EU Member States with its mixed system of social insurance, special legislation on Gefährdungshaftung, and a general fault regime. The United States adheres to the common law's negligence system with only marginal corrections. The liability law of the new Russian civil code combines the French legacy with the revolutionary ideas of the 1922 code leading to two general clauses of quasi-strict and strict liabilities. Résumé: Le droit naturel et le libéralisme économique ont engendré le grand concept du droit privé européen moderne (liberté contractuelle, propriété, faute personnelle). Quasiment en parallèle, le processus de la révolution industrielle met en route une « autre modernité » dont les paradigmes sont les risques techniques, les entreprises et les assurances. La possibilité d'assurer des pertes dues à des activités économiques à risques et l'opportunité de pouvoir en répartir les coûts sur la société créent un besoin des formes plus strictes de la responsabilité des entreprises au-delà de la responsabilité pour faute personelle. Cet article présente trois réponses différentes à ces challenges sociaux. L'Allemagne, avec son système mixte d'assurances sociales, legislation spéciale de Gefährdungshaftung et droit général de responsabilité pour faute, n'est qu'un éminent exemple des pays continentaux de l'Union Européenne. Les Etats-Unis adhèrent au principe de negligence du common law avec seulement quelques corrections marginales de stricte responsabilité. Le droit de responsabilité du nouveau code civil de la Fédération Russe combine l'héritage français aux idées révolutionnaires du code civil de 1922 et aboutit à deux clauses générales de responsabilité quasi-stricte et stricte.

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Mpofu, Kudzai, e Hermanus Johannes Moolman. "A comparative assessment of the treatment of unincorporated business entities in financial distress in South Africa". South African Mercantile Law Journal 35, n. 2 (2023): 138–61. http://dx.doi.org/10.47348/samlj/v35/i2a2.

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The main objective of this paper is to examine how business rescue schemes in South Africa facilitate the rescue of sole proprietorships and partnerships (unincorporated business entities) in financial distress. It is premised on the view that when a business is in financial distress, the lawmaker should provide some form of business rescue scheme accessible to all debtors regardless of their legal status, size, or commercial activities. The business rescue process has arguably received the most scholarly attention in recent times, yet, little or no attention is paid to the fate of financially distressed unincorporated entities in South Africa. The article sheds light on the role and significance of small and medium enterprises in promoting economic growth and the need to promulgate a debtor-friendly rescue regime. Through a comparative assessment, different business rescue schemes available to unincorporated business entities in South Africa, the United States of America and the United Kingdom are explored. It is observed that sole proprietorships and partnerships, which account for most unincorporated business entities in South Africa, are not eligible for business rescue or debt relief under the existing legislation. The rationale behind excluding unincorporated business entities from business rescue legislation seems to be that they lack legal personality. However, in other jurisdictions, the legislature has promulgated special business rescue procedures customised to match the unique personality of unincorporated business entities. Therefore, the South African legislature should consider promulgating a business rescue model for unincorporated business entities separate from the current Chapter 6 business rescue. Chapter 13 of the USA Bankruptcy Code provides an ideal rescue scheme for sole proprietors, while the UK insolvent partnership administration provides lessons on how to modify a business rescue scheme applicable to companies to accommodate partnerships in financial distress. The article contributes to the development of business rescue legislation that is targeted at relieving small businesses in financial distress.

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Salin, Patrick-André. "An Overview of US Commercial Space Legislation and Policies — Present and Future". Air and Space Law 27, Issue 3 (1 giugno 2002): 209–36. http://dx.doi.org/10.54648/5089194.

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The United States is the predominant space power on earth, due to its sheer economic, technological and political might. But the business dimension does not explain the whole story. The United States also administers a full-fledged body of space laws and regulations that is unchallenged in volume, sophistication, and coherence by any other nation, or group of nations on earth. This article will present to the reader an overview of the main legal documents that constitute the present body of US space laws and regulations. It will not delve deeply into the indirect legislation and/or regulations that accompany specific space laws; rather, it will only refer to them, sufficiently enough to provide the reader with elements for further research. It also includes Congress Bills that are currently under discussion in order to illustrate the probable evolution of the US space legal framework in the future months, provided these Bills are enacted into law. This presentation also touches upon defense legislation since traditional boundaries between commercial and military space activities are now obsolete. The purpose of such a fresco is to indicate what other space powers ought to do in order to participate more actively in the shaping of the future world of Outer Space affairs. This presentation will be updated on a periodical basis in order to keep the reader informed of the evolution of the US space legal and regulatory framework. This information is up-to-date as of 1 March 2002.

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Toerien, Danie Francois. "Temporal and Geographic Stress Testing of Entrepreneurial Proportionalities in United States Counties". World 3, n. 3 (11 luglio 2022): 403–33. http://dx.doi.org/10.3390/world3030022.

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Urbanization is one of man’s greatest challenges. Its handling requires a better understanding of orderliness in the demographic–socioeconomic–entrepreneurial domain of human settlements. Operating business enterprises are manifestations of successful entrepreneurship, which is the characteristic of interest here. Non-linear entrepreneurial proportionalities can be detected through the use of log–log regressions (power law analyses). Such analyses revealed many entrepreneurial proportionalities in datasets of a large number of U.S. counties. This enabled the examination of the temporal and geographic sensitivities of three entrepreneurial types: total entrepreneurship (expressed in total enterprise numbers), new entrepreneurship (the ability to successfully start enterprises of types not yet present), and existing entrepreneurship (the ability to start more enterprises of types already present). Stress testing of the entrepreneurial proportionalities during a period of economic growth (2000 to 2007) followed by a period of economic decline (the so-called Great Recession from 2007 to 2010) enabled the examination of a hypothesis that suggested that the entrepreneurial proportionalities are not temporally or geographically sensitive. The hypothesis is accepted for new and existing entrepreneurship. Total entrepreneurship is geographically sensitive, but not temporally. There is apparently no lack of entrepreneurship in human settlements. Their total entrepreneurship (expressed as total enterprise numbers) appears to be a function of their population sizes and prosperity/poverty levels.

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Narine, Marcia. "Climate Change and Business Law in the United States: Using Procurement, Pay, and Policy Changes to Influence Corporate Behaviour". European Company Law 11, Issue 2 (1 aprile 2014): 141–43. http://dx.doi.org/10.54648/eucl2014029.

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This article proposes that the US President bypass Congress, which has failed to implement climate change legislation, and enact executive orders to (1) use its power as the largest buyer of goods and services to strengthen green procurement standards and (2) add requirements of audited executive attestations and clawbacks of executive and board compensation for failure to adhere to certain sustainability standards for government contractors

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Londoño-Lázaro, María Carmelina, Ulf Thoene e Catherine Pereira-Villa. "The Inter-American Court of Human Rights and Multinational Enterprises: Towards Business and Human Rights in the Americas?" Law & Practice of International Courts and Tribunals 16, n. 3 (27 febbraio 2017): 437–63. http://dx.doi.org/10.1163/15718034-12341360.

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Abstract This article analyses the role of the jurisprudence of the Inter-American Court of Human Rights (IACtHR) within a business and human rights framework. A qualitative data analysis of cases on multinational enterprises (mnes) identifies the following: that the obligations the IACtHR places upon States explicitly contemplate soft law instruments, such as the United Nations Guiding Principles on Business and Human Rights; and that there exist shared obligations with companies and attempts to regulate mne conduct by establishing conditions for due diligence, such as prior consultation, benefit-sharing and reparation measures for affected communities. Therefore, IACtHR rulings may contribute to the rule of law in so far as they have normative effects on member States, but they can also prove to be ineffective given the nature of corporate conduct and certain non-enforceable responsibilities.

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Kaya, İbrahim Çağan, e Sema Gün. "Kuzey Amerika ve Türkiye’de Tarımsal İş Hukuku". Turkish Journal of Agriculture - Food Science and Technology 6, n. 8 (21 agosto 2018): 1058. http://dx.doi.org/10.24925/turjaf.v6i8.1058-1065.1966.

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The concept of labour has come about with the economic activities of some persons or legal entities. The production of a good or service is carried out in accordance with the mutual business relationship. Along with the proletariat, which emerged in particular with the industrial revolution, legal rules have been required for the rights and obligations of workers and employers. This legal business relationship, which is mainly industrial, has doubts about its validity in the agricultural sector. Since the agricultural sector is based on a household labour force, a structure based on business contracts for procurement of goods and services from outside is quite rare. The lack of institutionalization in the agriculture sector, the absence of the agricultural proletariat, the intensification of self-employed households, and the lack of work contracts for seasonal workers have led agricultural employment law to remain a subsidiary of labour law only in developing countries like Turkey. In North America, especially the US and Canada, the agricultural labour law is a special legal entity within the legal system. The United States and Canada are governed by a federal system of governance, with each state having its own legal regulations as well as specific regulations. The aim of the study is to present work on agricultural labour law in the United States and Canada from North American countries and to compare it with agricultural labour law studies in Turkey. In this context, the legal regulations on agricultural wages, seasonal and migrant workers, child labour, social security and occupational health are examined in the United States and Canada and compared with Turkey's existing legislation.

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Toulin, Alana. "“Old Methods Not Up to New Ways”: The Strategic Use of Advertising in the Fight for Pure Food After 1906". Journal of the Gilded Age and Progressive Era 18, n. 4 (ottobre 2019): 461–79. http://dx.doi.org/10.1017/s153778141900029x.

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This article considers how American food manufacturers used advertising and outreach to sway public opinion in the immediate years after the 1906 passage of the Pure Food and Drug Act. Although this federal legislation has long been heralded as a landmark victory for consumer protection, the new law was not a watershed moment for progressivism. Food production and consumption in the United States remained deeply fraught. In the absence of a clearly defined apparatus to enforce the new law and much contestation among policy-makers, business interests, and reformers, the food industry's co-option of reform ideals and rhetoric exemplifies the increasing power of big business over both public policy and mainstream cultural discourse in the United States during the early twentieth century and beyond. While scholars have often framed the push to introduce federal food policy as a fairly linear institutional or political narrative, a cultural historical approach gives new insight into how unresolved questions about purity in food production and consumption have vexed Americans and stymied business interests and policy-makers in ways that have continued to reverberate into the present day.

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Kldiashvili, Panteleimon (Paata). "ASSESSMENT OF THE COMPLIANCE OF THE NATIONAL LEGISLATION OF CORPORATE REPORTING SYSTEM WITH THE REQUIREMENTS OF THE EUROPEAN DIRECTIVES". Economic Profile 17, n. 2(24) (25 dicembre 2022): 48–57. http://dx.doi.org/10.52244/ep.2022.24.15.

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The establishment of a modern European standard corporate reporting system in Georgia, which represents the country's commitment under the "Association Agreement", is, in turn, an important stimulating factor for attracting additional investments, business development, creating new jobs and, ultimately, increasing social well-being. For the introduction of a modern corporate reporting system, one of the most important prerequisites is to bring the national legislation and regulatory norms into compliance with the relevant European regulations. Such is the Directive 2013/34/EU of the European Parliament and the Council - "On annual financial statements, consolidated financial statements and related reports of certain categories of enterprises" and Regulation N1606/2002 of the European Parliament and the Council of July 19, 2002 on the application of international accounting standards. This regulation establishes that in the member states of the Union, the consolidated statements of open joint-stock companies must be prepared in accordance with international accounting standards. In addition, member states have the right to allow or require the same obligation from closed joint-stock companies. Directive 2013/34/EU establishes that the requirements contained therein shall apply to the laws, regulations and administrative provisions of the Member States and shall apply to private and public companies which have share capital or whose owners are enterprises with share capital. The directive contains the definitions of the main concepts, the criteria for determining the size category of enterprises, as well as the list of organizations to be included in the category of Public-interest entity. The accounting standard to be used for each category of entity, the list of mandatorily prepared reports and the rules of their preparation and publication are established. The directive allows the member states to use simplified forms of reporting for small enterprises and provides specific approaches and instructions as to which articles/points should be combined to simplify the reporting forms. On June 8, 2016, the Parliament of Georgia approved the law on Accounting, Reporting and Auditing, however, if we look at the date of entry into force of the Association Agreement (July 01, 2016) and the date of adoption of the law, as well as the deadlines for the implementation of the main obligation defined by this law, we can conclude that Obligations under the association agreement are fulfilled within the relevant time frame. The law, as defining the categories of enterprises, as established the obligation of them to prepare and submit financial statements, as well as to publish them for public stakeholders, for enterprises of the first, second and third categories. And the enterprises of the fourth category have the obligation to submit to the Accounting, Reporting and Audit Supervision Service (SARAS) the statement prepared in accordance with the simplified standard intended for them. The rules of delivery of which to the interested person are established by the SARAS. It should be noted that the regulation of the law of Georgia, regarding the division of enterprises into categories, cannot include all economic subjects, and therefore, some of them remain outside the legal regulations, in particular, individual entrepreneurs who do not belong to the third, second or first category, are not included in the second category either. which does not comply with the requirements of the discussed directive.

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Chen, Yasheng, e Zhuojun Wu. "Taking Risks to Make Profit during COVID-19". Sustainability 14, n. 23 (26 novembre 2022): 15750. http://dx.doi.org/10.3390/su142315750.

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The COVID-19 pandemic has inflicted substantial losses on a large number of enterprises and brought about the risk of unsustainable operations across the world. However, certain enterprises still managed to grow against the trend prevailing during the epidemic and succeeded in taking risks to make profits. This study discusses how global enterprises adopt a proactive risk management approach to transform crises into sustainable business performance during the period starting from the epidemic outbreak to normalization. By mainly obtaining research data from the Internet news media and official websites of the enterprises using content analysis technique, this paper chose case studies, from December 2019 to December 2021, of eight different companies, namely: BYD (China, Asia), Mafengwo (China, Asia), Xiamen Airlines (China, Asia), Zhijiang Bio (China, Asia), The Bund (United States, America), Walmart (United States, America), Qantas Airways (Australia, Oceania), and Honotel Group (France, Europe), from different industrial sectors including manufacturing, tourism, transportation, technical services, catering, retail, airlines, and accommodation, respectively. The study results show that each enterprise specifically incorporates the method of proactive risk management, to deal with a sudden crisis and take risks to make profits during the epidemic. The study findings provide a feasible way for enterprises to cope with sudden crises and enhance their ability to maintain sustainable operations.

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Karska, Elżbieta. "Drafting an International Legally Binding Instrument on Business and Human Rights". International Community Law Review 23, n. 5 (10 novembre 2021): 466–85. http://dx.doi.org/10.1163/18719732-23050004.

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Abstract This article deals with the process of creating a convention in the field of human rights, the working name of which is the ‘International Legally Binding Instrument on Business and Human Rights’. The author analyses the existing legal grounds for the responsibility of business for human rights violations in international law. She has assessed non-binding instruments, leading her to draw the conclusion that mechanisms strengthening protection are required in human rights protection law. The process of the creation of a new convention itself is subjected to an in-depth review. A special place is given to the issue of the position of a victim of human rights violations committed as a result of the activity of transnational enterprises, the rights of the victims of such violations and the mechanisms of international cooperation in the combatting thereof. In the conclusion the author states that human rights require actions that move beyond existing divisions, and that the work of the intergovernmental group led by Ecuador should be seriously supported by the European Union and the United States.

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Moffit, Robert E. "Expanding Choice through Defined Contributions: Overcoming a Non-Participatory Health Care Economy". Journal of Law, Medicine & Ethics 40, n. 3 (2012): 558–73. http://dx.doi.org/10.1111/j.1748-720x.2012.00689.x.

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The Patient Protection and Affordable Care Act of 2010 (the Affordable Care Act) is the law of the land. But it faces an uncertain future.During congressional deliberations on the 2,700-page legislation leading up to its enactment, from February to March 2010, not one major survey recorded majority support for the legislation. Since its enactment, popular opposition to the Affordable Care Act has hardened, and was a significant factor in the 2010 congressional election, in which Democrats lost 63 seats and Republicans regained the majority in the House of Representatives. Ballot initiatives in Missouri and Ohio, showcasing popular opposition to the individual mandate, passed in 2010 with overwhelming majorities. While the United States Supreme Court in National Federation of Independent Business et al. v. Sebelius, 132 S. Ct. 2566 ( 2012), declared the mandate on the states to expand Medicaid unconstitutionally coercive, the majority of the Justices also upheld the individual mandate as a permissible tax. The new law thus emerged as a central topic in the 2012 election.

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ZUBKO, Tetiana. "Monitoring of the economic security of trading enterprises in conditions of cooperation with international business". Economics. Finances. Law 9/2, n. - (26 settembre 2022): 15–20. http://dx.doi.org/10.37634/efp.2022.9(2).3.

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The paper is devoted to the study of the development of a system of strategic monitoring of the economic security of trade enterprises in Ukraine and abroad. The paper presents the results of the analysis of threat monitoring systems in the following countries: Switzerland, Greece, the United States of America, the Kingdom of Bahrain, and Iran. The purpose of the work is to study the peculiarities of ensuring the economic security of trade enterprises in the conditions of conducting international business. Risks and threats to Ukraine's trade arising from European integration processes are analyzed and grouped. Among the most significant risks and threats, the following are identified: the need to change legislation in the areas of competition, internal market regulation, environmental safety, lack of funds and specialists to harmonize legislation with EU norms, the presence of asymmetry in the liberalization of the services market and the terms of trade in agricultural goods. Measures are proposed to neutralize risks and threats arising from European integration processes, the most important of which are: optimizing the structure of trade in the direction of increasing the export of goods with a high share of added value, and eliminating the asymmetry that has developed in the agreement between Ukraine and the founding countries, identifying and get the maximum benefit from participation in already existing associations (WTO, etc.), development of export potential through the expansion of production of high-tech goods and implementation of import substitution policy.The presence of factors that contain threats and risks to the activity of a trade enterprise, actualizes the issue of creating a monitoring system for the purpose of early warning of danger, and the use of necessary protection and countermeasures. The process of managing the economic security of trade enterprises is modeled. The stages of monitoring threats to the economic security of the trade enterprise have been developed, where the subjects of the process and information sources involved in the process of identifying risk factors and threats are defined, which makes it possible to form the necessary options for management decisions.

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Bogenschneider, Bret N. "The European Commissions Idea of Small Business Tax Neutrality". EC Tax Review 25, Issue 4 (1 agosto 2016): 221–28. http://dx.doi.org/10.54648/ecta2016023.

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The European Commission recently announced a competition policy of what might be called ‘small business tax neutrality’ in several of its state aid rulings. Simply put, states may not grant tax benefits that create a tax advantage to multinational firms in comparison to small and medium enterprises (SMEs). As explained in detail here, the United States (US) is engaged in tax competition yielding a structural advantage in favour of US multinationals against European SME’s including by facilitating the avoidance of European tax, which also notably reduces the foreign tax credit offset upon repatriation of earnings to the US. Also, US tax laws grant US multinationals tax incentives on US earnings including special incentives for R&D and domestic manufacturing which are incremental to the lax enforcement of US tax laws on corporate audits especially with respect to transfer pricing. The anticompetitive effect is that US multinationals enjoy a significant trade advantage against their competitors of all stripes and are able to seize market share from European SME’s (just as also occurred in US domestic markets where SME’s were significantly reduced as competition in the US domestic markets over the past decade). Several policy options are provided herein to reduce the competitive advantage of US multinationals in the respective European markets and particularly with respect to European SMEs.

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Latham, Kimberley C. "Cheeseheads and Longhorns: Why Texas Should Follow Wisconsin’s Lead in the Treatment of Limited Liability Company Member Interests as Securities". Texas Wesleyan Law Review 9, n. 1 (ottobre 2022): 59–93. http://dx.doi.org/10.37419/twlr.v9.i1.2.

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The limited liability company has become one of the more attractive business associations, both for legitimate enterprises seeking flexibility in structure, shields from personal liability for company debts and obligations, and tax advantages, and for the not-so-legitimate enterprises seeking shelter from personal liability for taking advantage of the unwary. In order to assist and protect the investing public and to provide certainty and structure for business owners, Texas should amend its current statutory scheme to mandate the treatment of certain LLC interests as securities, modeling this legislation after the Wisconsin approach-a three-tiered method of defining an LLC as a security. Part II of this Comment will describe the LLC entity and its history, enumerate its advantages, and give a brief description of the 1997 IRS taxation changes. Part III will delve into the much-debated question whether LLC member interests are securities and will describe the benefits of treating them as such. Part IV will describe the Texas treatment of LLC member interests to date and the problems that accompany that treatment. Part V will describe some other states' treatment of LLC interests and how the Wisconsin approach is preferable. Part VI will enumerate the proposed changes to Texas law modeled after those states' regulations.

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Nawafleh, Abdullah S. "Contribution of Business Law Reform to Economic Development: Lessons from the Middle East". European Business Law Review 23, Issue 2 (1 marzo 2012): 309–28. http://dx.doi.org/10.54648/eulr2012017.

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This paper explores whether business law reforms in Arab countries have contributed to their economic development, business legal environment and integration into the international market. Using Jordan as an example, it explores the role of law in economic development in the region. The analysis finds that the Jordanian legal reform has led the country to participate in international markets, by incorporating international legal norms into its own legislation. This legislative reform has also contributed to economic development, allowing Jordan to join the World Trade Organization and enter into Free Trade Agreements, such as those with the United States and the European Union. In addition, the paper shows that other Arab countries, such as Saudi Arabia, that reformed their business regulations led them to join the World Trade Organization and to be ranked amongst the top 25 countries worldwide on their business ease. In contrast, other Arab countries which lack law and its enforcement have been reported to be the worst places in the Middle East to do business. As a result this paper suggests that the Arab Middle Eastern countries should continue in reforming their legal system to make it less rigid for business, to create more jobs, increase productivity and ultimately achieve economic growth.

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Arnold, Theresa J. "What Canadian Oil and Gas Companies Need to Know about U. S. Antitrust Laws". Alberta Law Review 34, n. 3 (1 maggio 1996): 557. http://dx.doi.org/10.29173/alr656.

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The author presents an introduction to and a cautionary warning about the idiosyncrasies, complexities and dangers of U.S. antitrust law for the Canadian oil and gas industry in a post-NAFTA economic and legal reality. Pre-NAFTA transborder Canadian rules, customs and business practices in the oil and gas industry may have to be reconsidered in light of the serious implications of U.S. antitrust jurisprudence to date. The reach and the scope of U.S. Title 15 Trade and Commerce legislation, such as the Sherman Act, the Clayton Act, the Robinson-Patman Act, the Federal Trade Commission Act, the Foreign Trade Antitrust Improvements Act, and the Hart-Scott-Rodino Act, are outlined and presented. The author also describes the powers and authority of the United States Department of Justice, the United States Federal Trade Commission, the state attorneys general, and the "private" attorneys general to launch civil actions, class actions and criminal prosecutions serially, concurrently or in combination should an unwary foreign or domestic person run afoul of US. antitrust law. In addition, the author discusses the relevant leading case law, legal tests and legal principles, remedies, penalties, consequences and pitfalls of U.S. antitrust law.

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Buhmann, Karin. "Regulating Corporate Social and Human Rights Responsibilities at the UN Plane: Institutionalising New Forms of Law and Law-making Approaches?" Nordic Journal of International Law 78, n. 1 (2009): 1–52. http://dx.doi.org/10.1163/157181009x397063.

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AbstractGlobalisation's unprecedented growth and transborder activities of business coupled with increasing awareness of the impact of business on societies and human rights has resulted in demands for the international society to regulate corporate social and human rights responsibilities. This not only challenges traditional notions of duty bearers under international law, but also calls for novel approaches for the United Nations (UN) to implement central parts of the Charter's human rights aims and to address corporate behaviour in a state-centred international law-making order that lacks the willingness of States to regulate business. This article explores recent UN responses and argues that in the absence of States acting through ordinary international law-making, the UN as an intergovernmental organisation draws on participatory modes of law-making and new forms of law in order to normatively influence businesses' impact on human rights. The pattern of using these forms suggests an institutionalisation of reflexive regulation as a regulatory process drawing on public-private regulation, and of an emerging UN based 'Global Administrative Law' in order to meet regulatory challenges in living up to the human rights aims embodied in the UN Charter under the conditions posed by globalisation of the economy and emergence of strong transnational non-state actors. The analysis is based on the UN Global Compact, the draft Norms on the Responsibilities of Transnational Corporations and Other Business Enterprises with regard to Human Rights and the process of the Special Representative of the Secretary General on the issue of human rights and transnational corporations and business (SRSG).

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Martina, S., C. Denti e L. Garattini. "Farmaci orfani e malattie rare: un confronto internazionale delle normative di riferimento". Farmeconomia. Health economics and therapeutic pathways 2, n. 3 (15 settembre 2001): 185–93. http://dx.doi.org/10.7175/fe.v2i3.732.

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Orphan drugs are defined as medicines with low economic returns, so that their production is not a profitable business far pharmaceutical companies. The present study analyses the main characteristics and the role of orphan drugs in four countries (United States of America, .Japan, Australia and European Union), by considering the regulation and the market situation of each State. All countries have introduced a specific legislation on orphan drugs to stimulate the research activity of pharmaceutical industry. The first law was the Orphan Drug Act of the United States of America in 1982. A common limit of all regulations is the strict correlation between “orphan drugs” and “rare diseases”. In fact, the term “orphan” does not refer only to rare disease, but also to other elements that can determine low economic returns for the industry (e.g. drugs with high cost of research and development, drugs that cannot be patented).

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Vogelsang, Ingo. "Deregulation and Privatization in Germany". Journal of Public Policy 8, n. 2 (aprile 1988): 195–212. http://dx.doi.org/10.1017/s0143814x0000698x.

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ABSTRACTPublic enterprises in the Federal Republic of Germany are about average for all nonsocialist countries and markets are more heavily regulated than in the United States. Compared to American deregulation and British privatization, there have been few developments in the Federal Republic. Why? In the last ten years new schools of thought have provided a stronger normative foundation for and a stronger positive explanation against deregulation and privatization in Germany in the near future. The German political debate on deregulation and privatization is characterized by three institutional peculiarities. Major steps to deregulate or privatize economic sectors require legislation, which is influenced by political parties. Trade unions exert a strong influence on the major parties and are opposed to privatization and deregulation. The European Community forces some deregulation upon the Federal Republic in order to liberalize service sectors.

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Droubi, Sufyan. "An Interdisciplinary Dialogue with the Business and Human Rights Literature". Israel Law Review 55, n. 1 (4 febbraio 2022): 64–96. http://dx.doi.org/10.1017/s0021223721000273.

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The article draws on scholarships in the areas of international law, inequality and energy justice to engage in a dialogue with the business and human rights literature, from the perspective of the global south and Latin America, in particular. It engages with Gwynne Skinner's monograph about overcoming barriers to judicial remedy for corporate abuses of human rights. Skinner argues that if victims of these abuses cannot secure remedy in the countries in which the abuses occur – because of weak or corrupt institutions, among other factors – then the victims have a right to remedy in the home countries of the corporations and in countries in which they may conduct business – specifically, the United States, Canada and Europe. Skinner recommends that new legislation be introduced in these countries to ensure that their courts have jurisdiction to hear cases, under international human rights law, even when the cases have little or no links with the forum countries. I argue that a more robust international law and interdisciplinary approach shows that international human rights law alone provides a weak basis for the recommendations. I also reflect on part of the narrative that supports Skinner's argument, which builds a negative image of the courts in developing countries, to argue that this is unnecessary and that expansions of the bases of jurisdiction should be implemented on specific and stronger reasons.

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Coppo, Gabriele. "The CAP Under Attack? Last Developments In Trade Defence Cases Targeting European Food Products". Global Trade and Customs Journal 13, Issue 11/12 (1 dicembre 2018): 519–31. http://dx.doi.org/10.54648/gtcj2018060.

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The recent (2003-2013) reforms of the CAP – while bringing it more in line with the applicable WTO legislation – have proved to be insufficient to shield the EU food industry from third countries’ trade defence actions. In particular, two recent investigations carried out by Australia and the United States represent dangerous precedents in the European perspective, since they have targeted for the first time domestic support programs that the European Commission considers to be fully WTO compatible, and that are widely used throughout the Union. The article analyses some of the key features of these investigations and takes note of the elements which are likely to play an important role in future possible actions targeting EU food products.

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Simões, Bruno G. "Cross-Border Intellectual Property Rights in Digital Data: The Legal Framework in Europe and the United States in the Light of ClearCorrect v. US International Trade Commission". Global Trade and Customs Journal 11, Issue 2 (1 febbraio 2016): 46–56. http://dx.doi.org/10.54648/gtcj2016008.

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The article will address the authority of the European Union (hereinafter, EU) to detain goods at its borders that infringe, or are suspected of infringing, intellectual property rights (hereinafter, IPRs), in part through a comparison of similar regulations in the United States (hereinafter, US), and especially with respect to the detainment of digital goods. On 10 November 2015, the US Court of Appeals for the Federal Circuit released its Opinion in ClearCorrect Operating, LLC v. United States International Trade Commission, a case that, in part, examines the definition of ‘article’ under section 337 of the US Tariff Act of 1930. In the EU, Regulation (EU) No. 608/2013 of the European Parliament and of the Council of 12 June 2013 concerning customs enforcement of intellectual property rights and repealing Council Regulation (EC) No. 1383/2003 entered into effect in 2014. This regulation expanded the scope of competent authorities in EU Member States to detain suspected infringing goods at the EU’s borders, including new powers to detain and destroy ‘small consignments’ of such goods absent a formal decision confirming an infringement of an intellectual property design right. EU courts have yet to address the issue of whether digital data transmitted electronically applies to such legislation. The article will provide a review of the recent Opinion of the US Court of Appeals for the Federal Circuit, as well as an analysis of the relevant EU framework.

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Boscariol, John. "At the Cross-Roads of US and Canadian Trade Controls: The Cuba Conflict". Global Trade and Customs Journal 5, Issue 6 (1 giugno 2010): 237–49. http://dx.doi.org/10.54648/gtcj2010029.

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Canada and the United States are each other’s best trading partners. Our supply chains are deeply integrated. Corporate ownership criss-crosses the border many times over. In the context of foreign policy, although we have differed from time to time in the past, we generally target the same list of ‘bad actors’ – Iran, North Korea, Myanmar among them. Indeed, many of our sanctions programmes have been adopted pursuant to the same United Nations Security Council resolutions that are applied in similar fashion by UN member countries. Our controls on the export of goods and transfer of technology arise from our common commitments under the 1996 Wassenaar Arrangement on Export Controls for Conventional Arms, Dual-use Goods, Technology and other international agreements. It should come as no surprise therefore that in this environment many companies impose a single set of rules or principles regarding export controls and doing business with sanctioned countries. Under the assumption that Canadian and US laws are similar and, that any differences arise from more restrictive elements of US policy, a common default approach is for US companies to graft their US-based export control, economic sanctions policies, and procedures on to their Canadian operations; even some Canadian-based companies doing business in the United States will follow this approach. This is problematic for a number of reasons. Contrary to popular belief, Canadian export controls and economic sanctions can be more restrictive than those of the United States – aspects of the control regime for cryptographic goods and technology and the rules governing trade with and investment in Myanmar are two such examples. More importantly, there are instances in which there is direct conflict between Canadian and US law – that is, compliance with the requirements of one nation’s laws results in contravention of the laws of the other. Two examples of such conflict arise with US military controls under the International Traffic in Arms Regulations and Canadian human rights legislation and with Cuban trade and investment. The latter conflict is the focus of this article.

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Cummings, K. Michael, Jonathan Gdanski, Nichole Veatch e Ernesto Marcelo Sebrié. "Assumption of Risk and the Role of Health Warnings Labels in the United States". Nicotine & Tobacco Research 22, n. 6 (25 maggio 2019): 975–83. http://dx.doi.org/10.1093/ntr/ntz089.

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Abstract Introduction This article provides historical context for understanding how the cigarette industry have manipulated language used in health warning labels (HWLs) to protect them in litigation. Methods Review of previously secret internal business records from 1964 discussing the role HWLs on cigarettes. Review of the legal challenges made by cigarette manufacturers surrounding HWLs as mandated in the 2009 Family Smoking Prevention and Tobacco Control Act and the language in corrective statements ordered by US Department of Justice. Results Within days after the Surgeon General’s Advisory Committee issued its 1964 Report the cigarette companies plotted how they could use HWLs on cigarettes as a defense in future litigation. Industry lawyers discussed drafting legislation that would preempt other government agencies from requiring HWLs on cigarette containers and in cigarette advertising with language mirroring the key findings of the Surgeon General’s Advisory Committee report. In July 1965, Congress did pass legislation which mandated a single watered-down cigarette pack HWL which excluded cigarette advertising, just as industry lawyers had recommended. Subsequent HWL laws passed by Congress in 1969 and 1984 along with the more recent history of manufacturers opposing updated graphic HWLs and corrective statements reflects a consistent and continuing effort by cigarette companies to insulate themselves from taking responsibility for harms caused by smoking. Conclusion Beginning in the mid-1960s and continuing even through today, lawyers working on behalf of cigarettes companies have worked to manipulate the language of consumer warnings to focus responsibility for the harms caused by smoking on smokers. Implications In tobacco litigation, juries should be informed about the industry’s coordinated effort to draft legislation and water down the original caution statements proposed on cigarette containers and in advertising even though Congress ultimately is responsible for the law that was enacted. In addition, even though the 1992 Supreme Court decision in the Cipollone case preempted post-1969 failure to warm claims against cigarette makers, this protection does not apply on pre-1969 warning claims where the evidence shows that cigarette companies understood they were selling a defective product that when used as intended would harm their customers. Thus, those initiating smoking before 1969 and subsequently harmed by cigarettes can hold cigarette makers responsible for their failure to warn them about health risks.

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Wood, Van R., e Sombo Muzata. "Enhancing International Business Development Between the United States and Africa by Implementing the Vibrant International Trade Alliance Model (VITAL - M)". Archives of Business Research 10, n. 11 (6 dicembre 2022): 251–75. http://dx.doi.org/10.14738/abr.1011.13489.

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International Business development requires a complex mix of market opportunities, political stability, confidence in the rule of law, a strong economic base, financial resources, and perhaps most important - an educated, knowledge embracing workforce that translates into global market expertise. Local, regional, national and international business development in Africa has traditionally lacked much of this mix and as it followed a tradition of natural resource exploitation, with little intellectual value added. This, for the most part has resulted in it “underdeveloped” status at worst or “developing” status at best when compared to much of the world. However, important examples exist where Africa in certain sectors is increasingly embracing knowledge resources. One area in particular, entrepreneurship, embedded in small and medium sized enterprises (SMEs) holds much promise for Africa’s development. This is particularly true when innovative entrepreneurs are knowledgeable about global markets, especially those with growing urban consumers and international trade opportunities. Developing such entrepreneurs and connecting them with – 1) government agencies charged with enhancing international trade (AITs), 2) public institutions of higher education (PIHEs) charged with educating the next generation of globally competitive business leaders and 3) domestic small to medium sized enterprises (SMEs) seeking new growth opportunities in the world-wide business markets can result in African business development that is super-charged. This paper explores a proven model for such development, labeled VITAL – Model (Vibrant International Trade Alliances Model). To fully grasp the nature and possibilities of this model for Africa, this paper - 1) over-views the realities of globalization that have created unprecedented opportunities for SMEs around the world, 2) highlights the importance of entrepreneurship in moving SMEs to the next level of wealth creation, 3) presents the VITAL Model developed in a globally engaged U.S. state (Virginia) to foster entrepreneurial expansion into international markets, 4) explains how the model can be applied to African countries and to partnerships between public institutions of higher education (PIHEs) in Africa and their U.S. counterparts, and 5) provides managerial, policy and future research implications related to this boundary spanning way of thinking.

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Reid, Jean Margo. "LEGAL ACCEPTANCE OF ACCOUNTING PRINCIPLES IN GREAT BRITAIN AND THE UNITED STATES: SOME LESSONS FROM HISTORY". Accounting Historians Journal 15, n. 1 (1 marzo 1988): 1–27. http://dx.doi.org/10.2308/0148-4184.15.1.1.

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This paper examines and contrasts nineteenth century case law in Great Britain and the United States in which courts had to decide whether to accept accounting concepts having to do with making provisions for depreciation, amortization and depletion. It should be emphasized that the courts were not arguing about accounting theory, per se; they were deciding particular disputes, which depended on the meaning in each case of pro its. By 1889, when Lee v. Neuchatel Asphalte Company was decided, British courts had rejected accepted fixed asset accounting conventions in determining profits in tax, dividend, and other cases while United States courts accepted these conventions, except in the case of wasting asset companies. This historical contrast is of particular interest because a recent reversal of these countries legal stances has occurred through legislation. In the United States, the Revised Model Business Corporation Act and the legislatures of several states have now rejected accounting concepts of profit as the legal test for dividends and other shareholder distributions. The reasons for this rejection appear to be similar to those used by the British Court of Appeal nearly 100 years ago. In Great Britain, on the other hand, the 1980 Companies Act reverses much of the Lee case and places on accountants new responsibilities for determining whether company distributions to shareholders would violate the capital maintenance provisions of the act.

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Asmara, Teddy, Setia Untung Arimuladi e Yos Johan Utama. "Investment dynamics in the emerging market: COVID-19 influence". Journal of Governance and Regulation 11, n. 4 (2022): 90–102. http://dx.doi.org/10.22495/jgrv11i4art9.

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The COVID-19 pandemic had a tangible impact on Indonesia’s economy to a 4.5% economic growth contraction (Husnulwati & Yanuarsi, 2021). To analyze the dynamics of investment in the emerging market and the effects of COVID-19 associated with the work creation law in Indonesia. This study is research in the field of law with an empirical legal research approach. The Job Creation Law provides simplifications, especially concerning business licensing and investments that can be made starting from the micro, small and medium enterprises (MSME) level. The COVID-19 pandemic can be interpreted as momentum for Indonesia to attract more investors. The world economy has had significant changes, especially in exports and imports, coupled with the trade war between China and the United States (Sumarni, 2020). Still, several things must be paid attention to, namely: the long-term effect of investment after the amendment of investment provisions in the water, electricity, weapons, and defense business sectors; and the formulation of implementing regulations in the Job Creation Law because so far, Indonesia has been known to be slow in formulating laws and regulations.

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Vanheusden, Bernard. "Towards a Legal Framework in the EU for Brownfield Redevelopment". European Energy and Environmental Law Review 12, Issue 6 (1 giugno 2003): 178–86. http://dx.doi.org/10.54648/eelr2003027.

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Summary: Brownfield sites are a major soil-related problem in every industrialised nation. Within the European Union more and more Member States are searching for different measures to deal with soil remediation in general, and with brownfields in particular. Soil remediation will demand tremendous investments. It remains unclear how these costs will be distributed among public authorities and the business community. Several governments, together with their administrations, have already taken different initiatives. Nevertheless, the shortage of knowledge and information regarding brownfield development still creates a lot of difficulties with the start up and realisation of potential brownfield projects in the EU. This article offers a comparative survey of different legal approaches within the EU and in the United States to deal with brownfields. Starting with the US legal framework; then pointing to relevant European legislation and recent actions taken by the European Commission; finally, the article describes interesting developments within several Member States with regard to soil remediation and, more specifically, brownfield redevelopment.

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Sysoieva, I., O. Miklukha, N. Pozniakovska, О. Balaziuk, O. Miklukha, L. Akimova e B. Pohrishchuk. "SOCIAL INNOVATIONS IN THE EDUCATIONAL SPACE AS A DRIVER OF ECONOMIC DEVELOPMENT OF MODERN SOCIETY". Financial and credit activity: problems of theory and practice 3, n. 38 (30 giugno 2021): 538–48. http://dx.doi.org/10.18371/fcaptp.v3i38.237486.

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Abstract. The main provisions of the conceptualization of the introduction of social innovations in education and science, which constitute the internal content and is one of the main essential forms of economic development of modern society, are substantiated. It has been studied that the leading countries in terms of the number of the most innovative companies in the world are industrialized countries, high-income countries, as the United Kingdom (not a member of the EU since 2020), Ireland, Cyprus. However, Bulgaria, Italy, Malta, Germany, Portugal, Slovakia, Hungary, Croatia and the Czech Republic remain the least educated countries in recent years. There is a need for in-depth reforms of the education system and focusing on additional research missions. and business activities. It has been proven that one of the most important and widespread elements of the architecture of innovation infrastructure in the world, which is a supply component, is higher education institutions (HEIs), and the largest number of leading universities is in the United States and the United States. Kingdom. The role of social initiatives in increasing the competitiveness of Ukrainian higher education institutions is highlighted. budget funds in the future. The normative basis for such implementation may be the EU Public Procurement Directive. Based on a study of foreign experience in innovation, it was found that to stimulate innovation of domestic enterprises is important to improve the legislation governing issues related to innovation; improvement of innovation structure: creation of innovation centers, consulting centers, innovation banks; development of development programs and active state support of innovatively active enterprises and financial stimulation of competitiveness of Ukrainian universities and increase of motivational incentives for teachers of educational institutions. Keywords: social sphere, innovations, innovation project, rating of world innovations, investments, sustainable development, innovations in education. JEL Classification M41, H20, Н44, А1 Formulas: 0; fig.: 1; tabl.: 7; bibl.: 13.

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Lillich, Richard B., e Burns H. Weston. "Lump Sum Agreements: Their Continuing Contribution to the Law of International Claims". American Journal of International Law 82, n. 1 (gennaio 1988): 69–80. http://dx.doi.org/10.1017/s0002930000074169.

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Since there exists no international judicial system to adjudicate international claims in the ordinary course of events, individuals and business enterprises with grievances against a foreign country have looked, both jointly and severally, either to the “espousal” of their claims by their government—a discretionary act guaranteeing no ultimate redress—or, assuming their government has been able to negotiate a compromis with the foreign country involved, to the adjudication of their claims by an ad hoc international tribunal, almost always one without funds from which to pay awards once rendered. However, the volume and complexity of the claims spawned by World War II, the arrival of Marxist governments in Eastern Europe and elsewhere, and the emergence of an economically restless Third World have rendered the espousal process increasingly less effective; and efforts to establish ad hoc international tribunals have been almost uniformly unproductive during the past four decades (the Algerian Accords establishing the Iran-United States Claims Tribunal being the rare exception that proves the general proposition).

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Ponomareva, K. A. "Analysis of the OECD a nd the United Nations’ Approaches to Developing an International Consensus on Reforming the Rules of Taxation of Digital Services". Kutafin Law Review 9, n. 3 (5 ottobre 2022): 564–85. http://dx.doi.org/10.17803/2713-0525.2022.3.21.564-585.

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The article deals with the problems arising in connection with the taxation of the digital economy, using the example of the proposals of the OECD and the EU on the introduction of a tax on digital services, as well as unilateral measures of national states in the area of taxation of the digital economy (on the example of the French digital tax). The main question for the study is whether unilateral measures imposing taxes on digital services represent a suitable solution to the tax problems that arise in connection with digitalization. Based on the analysis of current legislation and jurisprudence, the author concludes that provisions of the Tax Code of the Russian Federation on VAT and income tax do not allow to fully collect taxes on income of corporate groups that use digital business models when providing services related to Russian users. At the same time, Russian organizations that conduct similar activities face full tax burden, which allows us to conclude that Russian companies are discriminated against foreign companies. In this regard, it is advisable to consider the issue of taxation in Russia as the part of the profits extracted by foreign companies in the Russian market.

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Smorchkova, Valeriya. "Dissemination of damaging information (defamation) as a type of civil tort: concept definition". Current Issues of the State and Law, n. 15 (2020): 378–82. http://dx.doi.org/10.20310/2587-9340-2020-4-15-376-382.

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We consider such category as defamation, which is widespread in many foreign countries. Defamation is the dissemination of damaging information, which, however, is true. This concept has become widespread in the last century, many states have adopted special legislation that mediates relations in this area. For example, the United Kingdom has the “Defamation Act 1996” and Singapore has the “Defamation Ordinance 1960”. We emphasize that in the same 1960s in our country “the system of defamation seemed absolutely unacceptable and contrary to the spirit of society”. In the course of study, comparative legal methods are used to analyze the legislation of states with the Anglo-Saxon and Romano-Germanic legal system. Based on the study of the doctrinal points of view of scientists and the positions of higher courts, the definition of this category is formed from the position of civil tort. The following definition is proposed: “Defamation is a violation of civil legislation, which consists in the dissemination of false information damaging the honor, dignity and business reputation of a person and also the dissemination of truthful personal information, the disclosure of which violates the conservation law are listed in the intangible benefits of the citizens”. We analyze the provisions of the Resolution of the Plenum of the Supreme Court of the Russian Federation of February 24, 2005 no. 3 “On judicial practice in cases of protecting the honor and dignity of citizens, as well as the business reputation of citizens and legal entities”. We conclude that the Supreme Court of the Russian Federation borrowed advanced provisions from the judgments of the European Court of Human Rights.

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Ray, Ronjini, e Rishabha Meena. "Application of Dispute Settlement in Free Trade Agreements (FTAs’): A Cross Country Analysis of Modern FTAs’". Global Trade and Customs Journal 17, Issue 7/8 (1 luglio 2022): 317–24. http://dx.doi.org/10.54648/gtcj2022044.

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Most modern free trade agreements (FTAs’) include chapters on a variety of topics such as investment, digital trade, labour, gender, environment and small-medium enterprises. These new issues are often addressed in FTAs’ as there is a lack of development of multilateral rules on these areas at the World Trade Organization (WTO). Further, many of these aspects are non-trade issuesviz. environment, labour, competition policy, and investment. These areas are contentious and often face opposition from the Global South and are frequently excluded from the scope of dispute settlement. Against this background, this article examines the trends with respect to the application of the dispute settlement across recent FTAs’ concluded by certain developed countries such as the United States, Canada, Australia, the European Union (EU) and the United Kingdom (UK). This article examines recent FTAs’ and categorizes its chapters as follows: (1) Chapters always subject to dispute settlement, (2) Chapters not subjected to dispute settlement and (3) Chapters that have inconsistent recourse to dispute settlement. Accordingly, the article provides a cross country assessment of the FTA chapters with dispute settlement provisions and the rationale behind such divergent practices. FTA, developed, non-trade, dispute settlement, sustainable trade, USMCA, gender, environment, labour, multilateralism.

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