Tesi: "International legislation"

1

Tremblay, Michel 1955 Feb 27. "The legal status of military aircraft in international law /". Thesis, McGill University, 2003. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=81237.

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Since the beginning of the history of aviation, the use of aircraft for military purposes revealed an efficient and dangerous weapon in the arsenal of a State. First it was used as observatory post, and then the aircraft took a more active role in combat until it became a destructive and deadly weapon. The definition of military aircraft in international law is not clear as States only wish to regulate international civil air navigation and not state aircraft. On the other hand, the Law of armed conflict defines the status of every aircraft with their respective duties and rights in the conduct of hostilities. The interception of civil aircraft by military aircraft shall be done in accordance with the international standards adopted by the International Civil Aviation Organization in virtue of the Chicago Convention and it's limited to determine the identity of the aircraft. The use of deadly force against civilian aircraft in flight is equivalent of pronouncing the death sentence of its occupants without the hearing of a trial. Respecting the international standards of interception of civil aircraft is a necessity.

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2

Rose, Cecily Elizabeth. "International regulation of private sector corruption". Thesis, University of Cambridge, 2014. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.648506.

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3

Lim, Kevin (Kevin Shun Wei). "Estimating the effects of foreign bribery legislation in the international economy". Thesis, Massachusetts Institute of Technology, 2010. http://hdl.handle.net/1721.1/62471.

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Thesis (S.M. and S.B.)--Massachusetts Institute of Technology, Dept. of Political Science, 2010.
Cataloged from PDF version of thesis.
Includes bibliographical references (p. 64-67).
Foreign bribery - the payment of bribes across borders - poses a classic collective action problem in theory. A firm may extract benefits through the payment of bribes to foreign public officials without its own country bearing the associated costs of governmental corruption, and hence while eliminating foreign bribery may be in the best interests of all who are engaged with the global economy, there are few obvious incentives for any one national government to be the first to take action. Over the last two decades, however, an unprecedented degree of multilateral cooperation on the issue of foreign bribery has been achieved. In particular, the Organization for Economic Cooperation and Development (OECD) has been a key institutional locus of activity, serving as the coordinating body for the monitoring and enforcement of a comprehensive anti-bribery convention that was adopted in 1997. This convention appears to have been largely successful at least in terms of spurring legislative change: all OECD member countries as well as several nonmember nations have since adopted laws that explicitly criminalize the act of bribing foreign public officials, and the capacity of the state to monitor, detect, and prosecute the offense of foreign bribery has ostensibly been enhanced. Given the potential for collective action problems to develop, it is thus important to ask whether the legislative action that has been taken thus far is meaningful in any measurable sense. I answer this question by constructing an original measure of the strictness of foreign bribery legislation, which I then employ as the main independent variable in an empirical study of export data, utilizing both difference-in-difference estimators and regression analysis. The results of my analysis provide support for the hypothesis that the enactment of stricter foreign bribery legislation amongst the countries party to the OECD convention has reduced exports to more corrupt countries more so than it has exports to less corrupt countries. These findings are robust to a variety of sensitivity tests, and I thus conclude that the OECD's multilateral anti-bribery initiatives have indeed had a meaningful impact on business decisions in the international economy.
by Kevin Lim.
S.M.and S.B.

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4

Kadikov, Artem. "International taxation of cross-border digital commerce". Thesis, University of Oxford, 2015. https://ora.ox.ac.uk/objects/uuid:ea6c6f2e-c65f-4fa5-945a-22eb71e12667.

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This thesis discusses jurisdiction to tax cross-border digital commerce. The primary objective is to consider the reasons for the erosion of jurisdictional links, or nexus, between countries and taxpayers' digital activities and evaluate possible solutions for addressing such nexus erosion. Whilst it is argued that digital commerce is impossible to ring-fence due to digital technologies transcending all industries, the main focus of this research is on automated business models as case studies for the broader tax issues applicable across the entire digital economy. Using cloud computing, online advertising and e-tailing models as examples of digital commerce in the narrow sense, this thesis demonstrates that the proxies for establishing jurisdictional nexus have become increasingly fluid, thereby challenging the traditional international tax regimes for profits and consumption taxation. Numerous policy solutions have been proposed in order to rectify nexus erosion, including global and territorial tax models. Unlike the previous research in this area, this thesis focuses on the nexus elements of such proposals and assesses their viability in the light of the wider Internet governance jurisprudence. Global tax solutions, such as global e-commerce taxes and formulary apportionment, are analysed in the context of the international governance regime for the technical Internet infrastructure. Territorial virtual tax solutions, such as virtual permanent establishments, withholding taxes and destination cash flow taxes, are considered in the light of the Internet jurisprudence on the 'effects' and 'targeting' nexus standards. It is argued that, given the lack of technical and political infrastructure, none of the proposed routes would be viable from a practical perspective in the near future. It is concluded, therefore, that a practical solution would involve retaining the traditional profits and consumption tax models, whilst testing a narrow version of the digital targeting nexus standard as a backstop anti-abuse measure. It is envisaged that the limited anti-avoidance provision would subsequently pave the way for a comprehensive long-term solution, as digitisation continues to transform global commerce.

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5

冼澤榮 e Chak-wing Simon Sin. "International business environment: air services agreement". Thesis, The University of Hong Kong (Pokfulam, Hong Kong), 1997. http://hub.hku.hk/bib/B31268286.

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6

MONTICINI, PIERLUIGI. "SUSTAINABLE AQUACULTURE: INTERNATIONAL LEGISLATION, TECHNICAL ASPECTS, PRESENT SITUATION AND FUTURE POTENTIAL DEVELOPMENT". Doctoral thesis, Università Cattolica del Sacro Cuore, 2015. http://hdl.handle.net/10280/6531.

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The object of this thesis is to sustain that achieving Sustainable Development in Aquaculture and Fisheries is not only possible, but also strongly recommendable. Fishing and Aquaculture products are a highly valuable source of protein that remarkably contribute to food security at a global level. They also constitute a source of income and employment, but when ill managed, can cause irreversible depletion of natural aquatic resources.

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7

Collier, Richard Stuart. "The consequences for international fiscal law of unilateral anti-tax haven legislation". Thesis, SOAS, University of London, 1995. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.326319.

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8

Lusa, Bordin Fernando. "The analogy between states and international organizations : legal reasoning and the development of the law of international organizations". Thesis, University of Cambridge, 2014. https://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.708385.

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9

Winanti, Poppy Sulistyaning. "External pressures or domestic politics : explaining change in developing countries’ intellectual property legislation". Thesis, University of Glasgow, 2011. http://theses.gla.ac.uk/2794/.

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This thesis aims to explain the change in developing countries’ intellectual property legislation as a response to their Trade-related Intellectual Property Rights (TRIPs) obligations. When the TRIPs Agreement was negotiated during the Uruguay Round of multilateral trade talks, developing countries resisted its adoption because of their different domestic norms and traditions relating to intellectual property rights and concerns about the administrative costs of implementing the agreement. Nevertheless, when the TRIPs Agreement came into force, almost all developing countries altered their domestic intellectual property laws, and many did so prior to the deadline for implementation and/or adopted more rigorous intellectual property rules than required by TRIPs. That many developing countries have adjusted their domestic intellectual property law poses the puzzle that this thesis seeks to explain. It does so by testing two competing explanations: the role of external pressures (both in terms of great power coercion and legalisation of international institutions) and domestic politics. This thesis combines a survey of the timing and quality of 102 WTO developing country members’ legislation across patents, copyrights, and trademarks, with detailed case studies of changes to intellectual property legislation in India and Indonesia, which are both unlikely cases for compliance, but reflect different domestic political circumstances. The empirical findings demonstrate that external pressures cannot provide a satisfactory explanation, as policy change occurred both with the presence and in the absence of these pressures. In order to fully understand the change in developing countries’ intellectual property legislation, it is also necessary to analyse the preferences of domestic actors (societal and governmental) and how they interact. By arguing this, this thesis thus suggests the importance of taking domestic politics into account to explain change in developing countries’ domestic legislation as a response to inconvenient international obligations.

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10

Desgagné, Richard. "La participation des états au commerce international : les contrats gouvernementaux en droit comparé et en droit international". Thesis, McGill University, 1991. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=60704.

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The study is about the activities of public entities in international trade, more precisely, about international government procurement. The law of government contracts, in international and municipal law, seeks to balance the stability of contractual relations between the parties and the mutability of the contract which flows from a recognition of the primacy of the public interest. The precise balance struck varies from one legal system to another. Part One of the work looks, firstly, at the recognition, immunities and capacity of public entities in international commercial transactions. Secondly, it treats the conflict of laws rules applicable before national and arbitral jurisdictions. Thirdly, it explores the various possibilities of applicable law, namely the law of the contracting State, the lex mercatoria and public international law. Part Two examines, from a comparative perspective, the notions of "public body", "public contract" and "contrat administratif" in Ameircan, English and French law. The third part explores two main themes. Firstly, the process of procurement in national law, European law, and under the Agreement on Government Procurement; and secondly, the question of the stability of the contractual obligations which can be disturbed by unilateral interventions of the contracting public entity and by external supervening events.

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11

Espada, Gildo Manuel. "International law on water transfers". Thesis, University of Macau, 2007. http://umaclib3.umac.mo/record=b1880344.

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12

Farchakh, Loubna. "The concept of intergenerational equity in international law /". Thesis, McGill University, 2003. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=80918.

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The theory of intergenerational equity is closely linked to the notion of sustainable development. It is indeed considered to be one of its aspect. Intergenerational equity can be divided in two facets: the intergenerational component links the present generation to future generations, while the intragenerational aspect imposes, within the same generation, a duty for industrialized countries to help developing countries. The legal status of intergenerational equity appears to be limited because of its qualification as a concept. Therefore, this concept of intergenerational equity belongs to the realm of soft law. Nevertheless, legal implications can be drawn out from this theory. Different means of implementation can be envisioned, some belonging to the domain of soft law, other employing more classical tools, such as institutional mechanisms.

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13

Nyampong, Yaw Otu Mankata. "The regulation of aircraft engine emissions from international civil aviation /". Thesis, McGill University, 2005. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=82666.

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Aircraft engine emissions from civil aviation cause several adverse effects to the atmospheric environment. These emissions are among the known major contributors to changes in atmospheric chemistry and global climate change. One way in which the international community has responded to the problem has been the adoption of several international treaties, generally dealing with subjects such as protection of the ozone layer, long-range transboundary air pollution, and global climate change.
The other way in which the problem has been dealt with is the adoption of an industry-specific international regulatory regime for controlling aircraft engine emissions from civil aviation. In this regard, the international community has, through the law making functions of the International Civil Aviation Organization (ICAO), adopted the mechanism of Standards and Recommended Practices (SARPs) to establish a regulatory framework aimed at reducing environmentally harmful engine emissions. These SARPs, though international in nature, are to be implemented at the national level by the member states of ICAO.
This thesis provides a review of current understanding of the effects of aircraft engine emissions on the atmospheric environment and an analysis of the international responses to the problem. In particular, it focuses on the industry-specific regime adopted by ICAO and considers whether it is an effective tool for achieving a balance between the safe and orderly development of civil aviation and the human environment.

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14

Allen, Sara-Ruth. "International trade rules: a case of imperialism at work?" University of the Western Cape, 2005. http://etd.uwc.ac.za/index.php?module=etd&amp.

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This study explored whether there is an inherent inequitable nature of the liberalization process with respect to the World Trade Organization Agreements, namely TRIMs (Trade-related Investment Measures), TRIPS (Agreement on Trade-Related Aspects of Intellectual Property Rights) and the Agreement on Agriculture.

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15

Malmsköld, Elin. "The status of abortion in public international law and its effect on domestic legislation". Thesis, Uppsala universitet, Juridiska institutionen, 2018. http://urn.kb.se/resolve?urn=urn:nbn:se:uu:diva-355922.

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Few issues divide leaders and policy-makers as much as abortion, which regularly sparks heated political, religious and philosophical debates. Numerous states choose to prohibit or criminalize abortion, despite the fact that it has been practiced throughout recorded history. In many of these states, women turn to unsafe abortion methods, such as consuming bleach or inserting a coat hanger, which may cause long-term damage or death. In the light of this tragic reality, one could ask whether these women have a right to safe abortion in human rights law or not. In order to answer this question, the author analyzes the status of abortion in public international law. The results are based on a thorough examination of the preparatory works (travaux préparatoires) and reservations to CEDAW, CRC, ECHR, and ICCPR, as well as documents by international and regional treaty bodies. The author applies a treaty-based international law methodology, analyzes the results through Hilary Charlesworth and Christine Chinkin’s theory of the public and private distinction in public international law and discusses the juridical- political context. The author concludes that there is neither an explicitly formulated human right to abortion, nor is abortion included within the right to family planning. However, she finds that domestic legislation which criminalizes or restrict access to safe abortions may be in violation of other fundamental human rights.

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16

Zhang, Chen Guang. "Judicial interventions in international commercial arbitration :an assessment of legislation and practice of China". Thesis, University of Macau, 2018. http://umaclib3.umac.mo/record=b3952244.

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17

Boutin, Karina. "L'utilité pratique du droit international dans la lutte contre le travail des enfants". Thesis, McGill University, 2000. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=31152.

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In the world today, economic exploitation of children is one of the most intolerable attacks to humanity. Given the extent of the phenomenon, international action is necessary to ensure its elimination. In this regard, international law can play an important role as it can direct formulations of State policy. Unfortunately, despite numerous normative developments, child labour still exists. Therefore, the author suggests that international action be reoriented at two levels. Firstly, the current approach must be re-evaluated to take into account the social dimension of child labour. Education should be a key focus in the struggle against child labour since it can work to fight the diverse causes of the problem while offering young labourers an alternative. Secondly, as normative control mechanisms are deficient, international law should be completed by direct intervention to ensure education is put at centre stage. Only direct action lead by international and local partners will eliminate the economic exploitation of children.

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18

Tremblay, Simon 1979. "L'OIT et la responsabilisation extraterritoriale des états pour encadrer les activités des entreprises multinationales". Thesis, McGill University, 2006. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=99153.

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The present thesis is a logical outgrowth of the author's realization that rapid market globalization, spearheaded by faceless multinational corporations, is at the root of widespread abuse of the developing world's labour force. The situation clearly calls for corrective action in the form of a normative framework of effective regulations. Such a regulatory framework must needs to be enforced by a respected and dynamic international organization. Our research on this topic leads us to believe that the International Labour Organization (ILO) would be in an excellent position to supervise a proactive strategy of this kind, directly or indirectly, as it has the political clout and history to compel multinational corporations to respect their workers' most basic rights. In order to establish our case, we examine the legal questions at stake in this case study. In particular, we address the key attributes of multinational corporations, the issue of territorial sovereignty, the tripartite system, and the need for national legislation in any strategy involving workers' rights vis-a-vis multinational corporations. Next, we summarize the current level of accountability that multinational corporations have to their cross-border labour force. We then go on to discuss the ILO, the organization at the core of our reflections on multinational corporations' current (lack of) workplace accountability. Our research leads us to conclude that the ILO has not only the power to play that role, but also the duty to do so.

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19

Ip, Chun-kit, e 葉俊傑. "Baggage claims under common law and international conventions: analysis of passengers' rights andcarriers? liabilities". Thesis, The University of Hong Kong (Pokfulam, Hong Kong), 2010. http://hub.hku.hk/bib/B46541354.

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20

Zhu, Feng 1979. "Anti-dumping laws under the WTO : a comparative study with emphasis on China's legislation". Thesis, McGill University, 2005. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=82677.

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Abstract (sommario):

Although the WTO anti-dumping rules have been created to reconcile and monitor domestic anti-dumping measures, different jurisdictions still have tremendous variations in their domestic anti-dumping legislation and interpretations. Such differences may suggest opportunities for further innovations, especially for countries where the anti-dumping legislation is under-developed, such as China. Through a comparative study of the domestic anti-dumping legislation among the United States, the European Community, and China, problems and opportunities for the innovation of China's anti-dumping law will be found.

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21

Brady, Michael J. "International law and national legislation : their relation to human rights and the protection of minorities". Thesis, Queen's University Belfast, 1997. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.387978.

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22

Downey, Michael J. "The incorporation of ILO Conventions into Hong Kong legislation and the implications for the Hong Kong Special Administrative Region". Thesis, Click to view the E-thesis via HKUTO, 1992. http://sunzi.lib.hku.hk/HKUTO/record/B38627796.

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23

Nikolakakis, Niki. "The international legal ramifications of the OECD's harmful tax competition crusade /". Thesis, McGill University, 2006. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=101823.

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Abstract (sommario):

In 1998 the Organization for Economic Cooperation and Development (the "OECD") commenced a campaign to eliminate harmful tax competition focusing on geographically mobile activities. The OECD targeted 35 jurisdictions and demanded that those nations amend their tax laws to remove the harmful features that provided more favorable tax treatment to geographically mobile capital than was available in some of its Member States. This thesis examines the international responsibility of the OECD and its Member States to determine whether their conduct in waging this campaign is in accordance with the international legal principles of state sovereignty and non-intervention. As an international actor with legal personality, the conduct of the OECD is found to engage its international responsibility for the breach of state sovereignty and non-intervention. The Member States in support of the OECD's actions are found to have primary and secondary responsibility under international law for the OEOD's actions.

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Guzmán, Lozano Luz María. "Female labour in Mexico : a legal analysis comparing international and domestic law". Thesis, McGill University, 2005. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=99139.

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This thesis analyses the Mexican legal framework and the public policies implemented by the Mexican government regarding female labour from an international perspective. The position to be argued throughout the thesis is that the Mexican government has not fulfilled its international obligations derived from the treaties and international conventions that directly or indirectly provide for women's labour rights. The thesis proposes a number of legal reforms and public policies that once properly enforced and implemented by the Mexican government would provide for gender equality in the Mexican labour market.

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Beaumier, Jean-François. "L'application extraterritoriale des lois nationales incorporant des normes internationales du travail". Thesis, McGill University, 2003. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=80910.

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Abstract (sommario):

Globalization has favoured a new type of business: Multinational Enterprises (MNE). MNE distinguish themselves from national businesses in the sense that they continue to be governed, in their relationship with their employees, by the national law where they operate. This contradictory dualism is the source of great tensions and uncertainties with regard to the future of national and international labour law standards. In a first part of this thesis, we study the International Labour Organization (ILO), which is the international body competent to adopt international standards and apply them. In the second part, we examine the phenomenon of national labour laws extraterritoriality and its manifestation in some jurisdictions. Finally, we explore the justifications put forward for the extraterritorial application of national laws, in particular when these national laws incorporate "fundamental" international labour standards.

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Muriu, Daniel Wanjau. "Recognition, redistribution and resistance : the legislation of the right to health and its potential and limits in Africa /". Connect to thesis, 2009. http://repository.unimelb.edu.au/10187/7064.

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Jung, Sang Yool 1965. "A legal analysis of aviation security under the international legal regime /". Thesis, McGill University, 2005. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=82661.

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Abstract (sommario):

The safety of civil aviation has been endangered not only by terrorism, but also by many other unlawful acts committed by persons with varying motivation. The international community has worked to provide a secure and safe air transportation system for general people and thus has developed aviation security systems in the legal and technical fields to combat and prevent the man-made intentional harm against civil aviation.
The legal instruments are mainly based on several multilateral conventions, resolutions and declarations. They are all focused on how to eliminate safe heavens for unlawful actors against civil aviation, secure the safety of passenger and crew, and facilitate the resumption of affected aircraft.
The technical instruments, dealing with specific preventive security measures to suppress the unlawful acts against civil aviation on a practical basis, have been developed by ICAO as "Standards and Recommended Practices" (SARPs) in the form of Annexes. In addition, to promote global aviation security, ICAO launched its "Universal Security Audit Programme" immediately following the tragic events of September 11, 2001.
This thesis critically analyses the legal and technical aviation security systems under current international legal regimes and provides several recommendations to improve the remaining problems in the international aviation security system.

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Alhoudail, Mamdouh Ali. "Air carrier liability : unfinished unification of private international air law". Thesis, McGill University, 2005. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=98601.

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On 31 November 2003 the 1999 Montreal Convention for the Unification of Certain Rules for International Carriage by Air entered into force. Its purpose was to consolidate and modernize the Warsaw system and to reunify the provisions of several international instruments of private international air law under one legal instrument. The Montreal Convention consolidates the positive elements of the Warsaw Convention, the Hague Protocol, the Guadalajara Convention, the Guatemala City Protocol and Additional Protocol Numbers 3 and 4. It also simplifies and modernizes the requirements of documentation relating to the carriage by air of passengers, baggage and cargo. Most importantly, the Montreal Convention modernizes of the liability regime for death and injury to passengers by adopting the passenger liability regime in the IATA Inter-carrier Agreement. It also modernizes the liability regime for damage to baggage and cargo and the delay. In spite of the foregoing, the Montreal Convention fails to advance the unification of private international air law any further than the Warsaw Convention.
This thesis analyzes the provisions of liability regimes under the Warsaw System and the 1999 Montreal Convention. Chapter one studies the liability regime established under the original Warsaw Convention and the subsequent attempts by states, air carriers and other interested entities to update it. Chapter two analyzes the new regime of unlimited liability established by the 1999 Montreal Convention. Chapter three examines the liability of the air carrier for damage caused by terrorist activities. In an effort to demonstrate the innovative elements of the new Convention and to encourage states to ratify it, chapter four surveys the main benefits that have accrued to the Kingdom of Saudi Arabia and its national air carrier upon ratification of the 1999 Montreal Convention.

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Водоласкова, Катерина Юріївна. "FREEDOM OF INFORMATION LAWS AS AN INTEGRAL PART OF HUMAN RIGHTS: COMPARATIVE CHARACTERISTIC OF INTERNATIONAL LEGISLATION". Thesis, Юриспруденція в сучасному інформаційному просторі: [Матеріали ІХ Міжнародної науково-практичної конференції, м. Київ, Національний авіаційний університет, 1 березня 2019 р.] Том 1. – Тернопіль: Вектор, 2019. – 394 с, 2019. http://er.nau.edu.ua/handle/NAU/38100.

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Bowman, Megan. "Our tangled web : international relations theory, international environmental law, and global biodiversity protection in a post-modern epoch of interdependence". Thesis, McGill University, 2002. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=78204.

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Abstract (sommario):

The global crisis of biodiversity depletion sets the stage for a necessary re-definition of State self-interest in the international milieu. That re-definition is effected by a changing perception of 'self'; one that occurs through the mental lens of interdependence and long-term vision. This thesis attempts to challenge conventional precepts and present a submission for change by drawing upon constructivist thought, which asserts that current perceptions are socially constructed and rooted in "collective intentionality", such that what has been human-made can be altered by the same processes through which it came into existence. In so doing, the author employs the notions of international ethics as a shared belief and international law as an ideational instrument to facilitate that change in favor of international cooperation toward the necessary amelioration of global biodiversity diminution in order to assure our future.

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Chen, Yi. "Food safety and international trade : international legal issues and challenges facing Chinese food exports /". Thesis, University of Macau, 2012. http://umaclib3.umac.mo/record=b2580105.

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32

Marinov, Marin kandidat na i︠u︡ridicheskite nauki. "Foreign direct investment in Bulgaria, Czechoslovakia and Hungary : a comparative study of the current legislation". Thesis, McGill University, 1994. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=26212.

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The author's goal is to illuminate the current business legislation in Central and Eastern Europe (CEE) through a comparison of three countries from the region, namely, Bulgaria, Czechoslovakia, and Hungary.
The present study is divided into four parts. The first part states the thesis itself, the goals, and the structure of the discussion.
The second part provides the basic premises of the analysis, with emphasis on the current data on foreign investment in the three countries.
The third part presents the core of the comparative study and deals with the following issues: basic foreign investment laws, including corporate laws, property rights of foreign persons, currency regimes. Among other important aspects, attention is paid to the following subjects: general treatment of FDI, foreign investment in corporate capital, branches of transnational corporations, forms of FDI, special procedures for banking and insurance, closed sectors for FDI, financing of investment, incentives of FDI, domestic and international guarantees for FDI etc. The set of criteria used to assess the compared legislation focuses primarily on the essential features of that legislation. This narrow approach is expedient in terms of the huge area that relates to foreign investment.
The final part uses the findings of the comparative study of the relevant legislation in order to determine the reasons for the lagging interest of foreign investors in Bulgaria. These reasons are found not to be due to any deep-seated differences in the pertinent legislation, but rather to some other factors, such as historical, socio-cultural, and geopolitical.
The law in the present work is stated as of 1 January 1994. (Abstract shortened by UMI.)

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Mkiwa, Halfan. "The anticipated impact of GATS on the financial service industry in Africa". Thesis, University of the Western Cape, 2007. http://etd.uwc.ac.za/index.php?module=etd&action=viewtitle&id=gen8Srv25Nme4_6956_1219304028.

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This study was on the anticipated impact of GATS on the financial services industry in Africa. The paper examined the possible positive and negative impact of the GATS agreement on the financial services industry in the African countries. The research focused on the banking sector and the insurance sector as the main financial sectors under investigation.

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34

Elfar, Mostafa [Verfasser], e Stephen [Akademischer Betreuer] Oeter. "International Investment Law and Domestic Legislation in MENA : Egypt, Jordan and Morocco / Mostafa Elfar ; Betreuer: Stephen Oeter". Hamburg : Staats- und Universitätsbibliothek Hamburg, 2019. http://d-nb.info/1190285797/34.

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35

Cheng, Jian Xiao. "International regulation of government procurement and the evolution in China". Thesis, University of Macau, 2010. http://umaclib3.umac.mo/record=b2147559.

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36

Decœur, Henri Bernard Louis. "Confronting the shadow state : developing international legal responses to state organised crime". Thesis, University of Cambridge, 2015. https://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.708711.

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37

Gouesse, Emmanuel. "Responsibility in international law for commercial space activities". Thesis, McGill University, 2000. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=31160.

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Abstract (sommario):

Space activities are increasingly undertaken by private companies. Space law, however, was mainly developed in the beginning of the space age, at a time where space activities were predominantly state activities. The rules that developed were thus focusing on the duties of states and concerned private entities only through the intermediary of states.
This thesis explores the applicable principles of space law and of the international law of responsibility. Taking into account the recent practice of private companies engaged in space business, the work also focuses both on its impact on the responsibility and liability regime as well as on the legal efficiency of the links between private entities and states.
In conclusion, the thesis makes several recommendations to improve the responsibility regime for space activities.

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38

Dubin, Laurence. "La protection des normes sociales dans les échanges internationaux /". Aix-en-Provence : Presses Univ. d'Aix-Marseille, 2003. http://www.gbv.de/dms/sbb-berlin/470253444.pdf.

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39

Blom, Maria, e Anders Lenfors. "Attribution of Profits to Permanent Establishments : How Should Swedish Legislation Conform to the OECD December 2006 Report?" Thesis, Jönköping University, JIBS, Commercial Law, 2008. http://urn.kb.se/resolve?urn=urn:nbn:se:hj:diva-13.

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Abstract (sommario):

The purpose of this thesis is to establish whether the domestic legislation of Sweden is in tune with the OECD December 2006 report on the attribution of profits to permanent es-tablishments (December 2006 report) and if not how Sweden ought to conform. How to attribute business profits to a permanent establishment (PE) is laid down in Article 7 of the OECD Model Tax Convention on Income and on Capital. In December 2006 the OECD released a report on how profits (losses) are to be attributed to PEs. The report lays down the current approach on how Contracting States should interpret Article 7 and is referred to as the authorised OECD approach. The purpose of the December 2006 Report is to re-vise Article 7 in order ensure a common interpretation on the Article. The aim is to apply the OECD Transfer Pricing Guidelines (TP Guidelines), otherwise applicable on transac-tions between a parent company and a subsidiary, by analogy to PE situations.

The profits attributable to a PE are to be decided by using a two-step analysis. Under the first step a PE is to be hypothesised as a distinct and separate enterprise. The functions performed, assets used and risks assumed are to be determined and attributed to the rele-vant parts of the enterprise. In order to do this the economic ownership of assets is to be regarded. According to the OECD the functions performed by the people working within a PE, the significant people functions (SPF), are decisive when attributing assets and risks. To support the use of assets and the assumption of risks a PE is to be provided with a proper amount of “free” capital. Under the second step of the analysis a fair share of the entire enterprise’s profit is to be attributed to the PE. The actual amount of profit is to be established by performing a comparability analysis and by thereafter applying different transaction methods, using the method that best expresses an arm’s length price to the dealing at hand. To calculate a proper profit a PE shall be allowed to deduct interest.

Sweden does not have much legislation concerning transfer pricing and there is hardly any legislation concerning PEs. There are no specific provisions in Swedish law on how to at-tribute profits between a head office and a PE. Furthermore, there are only a few judge-ments and no official guidelines regarding the attribution of profits to PEs. According to the domestic legislation of Sweden the amount of attributed profit shall be determined on the basis of separate accounts. The existing guidance in Swedish case law is not in tune with the authorised OECD approach. Swedish courts have ruled contrary to the authorised OECD approach when it comes to attributing “free” capital to a PE, allowing for deduc-tions of internal royalty payments and for recognising internal interest dealings. Further-more, a transfer of assets from a Swedish head office to a foreign PE has under certain cir-cumstances not been considered a taxable event. Since Sweden has not officially imple-mented any new legislation and the courts have not Stated any new principles regarding the attribution of profits to PEs it is unlikely that new concepts as the authorised OECD ap-proach will be adhered to at present time. In order to comply with the authorised OECD approach Sweden would need to introduce some new legislation.

We suggest that Sweden implement a Section in its domestic legislation based on the authorised OECD approach. If Sweden adopts our proposed Section it would provide for a more unitary and consistent international approach and a needed certainty for enterprises on the treatment of PEs for tax purposes.

Uppsatsens syfte är att utreda huruvida Sveriges lagstiftning är i linje med OECDs decem-ber 2006 rapport och huruvida eventuell anpassning av gällande lagstiftning bör företas. Hur vinster skall fördelas till fasta driftställen bestäms av artikel 7 i OECDs Modellavtal för beskattning av inkomst och kapital. I december 2006 presenterade OECD en rapport om hur vinster (förluster) bör fördelas till fasta driftställen. Rapporten beskriver hur medlems-Staterna bör tolka artikel 7 och är refererad till som den godkända OECDtolkningen. Syftet med december 2006 rapporten är att revidera artikel 7 för att få till stånd en enhetlig tolk-ning av artikeln. Målet är att OECD TP Guidelines, annars tillämpliga på transaktioner mellan moder- och dotterbolag, skulle tillämpas analogt på situationer gällande fasta drift-ställen.

Vinster hänförliga till ett fast driftställe skall bestämmas genom användning av en två stegs analys. Under det första steget i en sådan analys antas det fasta driftstället utgöra ett särskilt och separat bolag. De funktioner som utförs, tillgångar som används och risker som kan tänkas uppkomma i det fasta driftstället bestäms. För att kunna göra detta skall den eko-nomiska äganderätten av tillgången bestämmas. Funktioner som är av speciellt värde och som utförs av personal som arbetar vid det fasta driftstället, så kallade betydelsefulla perso-ners funktioner, är avgörande vid en fördelning av tillgångar och risker. För att stödja an-vändningen av tillgångar och antagandet av risker skall en skälig del av företagets fria kapi-tal tilldelas det fasta driftstället. Det andra steget i analysen skall bestämma hur mycket av bolagets vinst som skall tilldelas det fasta driftstället. Den vinst som skall fördelas bestäms utifrån en jämförbarhetsanalys och genom att tillämpa olika internprissättningsmetoder. Den metod som bäst ger uttryck för ett armslängdspris skall tillämpas på den gällande ”transaktionen”. För att beräkna en skälig vinst skall det fasta driftstället få göra ränteav-drag.

Generellt sett har Sverige inte mycket lagstiftning gällande internprissättning och det finns knappt någon lagstiftning gällande fasta driftställen. Svensk lagstiftning innehåller inga spe-cifika regler om hur vinster skall fördelas mellan ett huvudkontor och dess fasta driftsälle. Vidare finns endast ett fåtal rättsfall och ingen officiell vägledning av vinsters fördelning till fasta driftställen. Enligt gällande svensk lagstiftning skall summan av den vinst som skall fördelas bestämmas genom tillämpning av separata konton. Den vägledning som ges ur svensk rättspraxis är inte i linje med den godkända OECDtolkningen. Svenska domstolar har dömt i motsats till den godkända OECDtolkningen vad gäller fördelning av fritt kapital till ett utländskt fast driftställe och vad gäller tillåtenheten göra avdrag för interna royalty- och räntebetalningar. Vidare har det under vissa omständigheter inte ansetts vara en be-skattningsbar händelse då en tillgång flyttas mellan ett huvudkontor och ett fast driftställe. Då Sverige inte implementerat någon ny lagstiftning och domstolarna inte slagit fast någon ny rättspraxis gällande fördelning av vinster till fasta driftställen är det inte sannolikt att nya koncept som framgår av den godkända OECDtolkningen kommer att bli åhörda i Sverige för närvarande. För att vara i linje med den godkända OECDtolkningen skulle Sverige be-höva introducera ny lagstiftning på området.

Vi rekommenderar att Sverige implementerar ny lagstiftning baserad på den godkända OECDtolkningen. Om Sverige skulle välja att implementera vårt föreslagna tillägg i lag-stiftningen skulle det bidra till en mer konsekvent behandling av fasta driftställen och en nödvändig säkerhet för bolag avseende beskattningen av fasta driftställen.

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40

Chinnian-Kester, Karin. "Female genital mutilation as a form of violence against women and girls: an analysis of the effectiveness of international human rights law". Thesis, University of the Western Cape, 2005. http://etd.uwc.ac.za/index.php?module=etd&amp.

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41

Venter, Debra. "The UNCITRAL model law on international commercial arbitration as basis for international and domestic arbitration in South Africa / Debra Venter". Thesis, North-West University, 2010. http://hdl.handle.net/10394/4930.

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Abstract (sommario):

Commercial arbitration is growing in importance in the modern world. People often use arbitration to ensure adjudication by an expert in the field and although arbitration may not always be quicker, its importance continues to grow especially in international commercial disputes.1 Effective arbitration procedures will have positive consequences for the economical and political relationships between countries.2 The Arbitration Act 42 of 1965 might have sufficed in the past, but as international commercial arbitration is ever increasing and changing, this act has become out–dated. It does not effectively facilitate international commercial arbitration. The Act was primarily designed with domestic commercial arbitration in mind and therefore it is of limited assistance in the international commercial arbitration sphere. The United Nations Commission on International Trade Law3 has developed the Model Law on International Commercial Arbitration.4 This Model Law or variations thereof can be adopted by a country to regulate international commercial arbitration.5 Many countries choose to adopt the Model Law. The reasons vary but some are that the country’s own arbitration laws were out–dated and needed replacement. The Model Law has proved to be effective and it has become a benchmark for good arbitration legislation.6 Some countries have even adopted the Model Law for use in domestic commercial arbitration disputes. The South African Law Commission7 published a report in 1998 dealing with the possible application of the Model Law on international commercial arbitration in South Africa. It drafted a Draft Bill on International Arbitration (not as of yet promulgated) based on the Model Law.9 One of the points of discussion in the report of the Commission was whether the Model Law should also be made applicable to domestic commercial arbitration in South Africa. The conclusion was that domestic and international arbitration should be dealt with separately and that the present Act regulating domestic arbitration should be amended but not replaced by the Model Law. This implies two arbitration regimes: the International Arbitration Act (dealing only with international commercial arbitration); and the Arbitration Act (dealing only with domestic commercial arbitration) After the Commission’s report had been studied and South Africa’s legal position had been compared with Australia’s legal position, it is conlcuded that Australia is a good example to follow in regard to arbitration practices. It is, however, important to keep South Africa’s own background in mind. A good point made by Australia, is the fact that international commercial arbitration legislation and domestic commercial arbitration legislation, should be kept separate. This will bring about effectiveness and clarity for the users of the said legislation. Furthermore, as end conclusion, the Commission’s view is not favoured in regard to the fact that South Africa’s domestic arbitration legislation should not be based on the UNCITRAL Model Law. It would be a good idea to follow suit with Australia and base both South Africa’s international and domestic commercial arbitration legislation on the UNCITRAL Model Law.
Thesis (LL.M. (Import and Export Law))--North-West University, Potchefstroom Campus, 2011.

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42

Xue, Guifang. "China's response to international fisheries law and policy national action and regional cooperation /". Access electronically, 2004. http://ro.uow.edu.au/theses/369.

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43

Chamoux, Capucine. "Access to environmental information in international law: the significance of the MOX Plant case (Ireland v. United Kingdom)". Thesis, University of the Western Cape, 2005. http://etd.uwc.ac.za/index.php?module=etd&amp.

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Abstract (sommario):

Ireland and the United Kingdom are since 1993 in conflict about a Mox plant at Sellafield, on the Irish Sea. This plant is designed to recycle the plutonium which is produced during the reprocessing of nuclear fuel to reclaim the uranium contained in it. Ireland has tried to contest the British decision to build and operate the Mox plant through all the legal means available. An important request of Ireland was to be more and better informed in order to better contribute to the protection of the marine environment of the Irish Sea. Ireland and the United Kingdom are Member of two important treaties addressing the issue of environmental information: the United Nations Convention on the Law of the Sea (UNCLOS), and the Convention for the Protection of the Marine Environment of the North-East Atlantic (OSPAR Convention). Ireland has sought a remedy through the procedures of dispute settlement instituted by those two treaties. The Mox Plant Case is therefore very complex, each of these procedures being conducted within the textual confines of the treaties that govern them.

In July 2003 the Arbitral Tribunal constituted under the OSPAR Convention rejected Ireland&rsquo
s request to have access to more information about the Mox plant. The procedure introduced by Ireland in October 2001 before an Arbitral Tribunal constituted under the UNCLOS is still pending. In this context, waiting for the final decision of this Arbitral Tribunal, the ITLOS ordered in December 2001, as a provisional measure, that Ireland and the United Kingdom must cooperate and exchange information. In November 2003, the Arbitral Tribunal constituted under the UNCLOS has suspended the proceedings, waiting for a decision of the European Court of Justice (ECJ). Indeed the European Commission, backing up the position of the United Kingdom, initiated proceedings against Ireland before the ECJ in 2003.

The Mox Plant Case illustrates and addresses several predominant matters in international environmental law. Firstly it illustrates the complexity of a system where several treaties between the same parties regulate the same issues. As a consequence in this case not less than four international jurisdictions have been and are still involved in the matter, leading to procedural difficulties. Secondly the Mox Plant Case illustrates the considerable difference of opinion which exists in the area of international environmental law with respect to the meaning and nature of the notion of &lsquo
access to information&rsquo
, and its relationship to other ancillary and concomitant notions, e. g. &lsquo
collaboration&rsquo
, &lsquo
cooperation&rsquo
, &lsquo
participation&rsquo
, etc., by and amongst states. The meaning of this concept, which is the cause of the dispute, differ depending on the context of treaty within which it is used.
From the analysis of the Mox Plant Case, in the context of the evolution of international law in general, and international environmental law in particular, the point is made on the strong link between the principle of cooperation and the right of access to environmental information, the first one necessarily including the latter to be effective. The other important element is the shift which is now established in international environmental law and governance from a strict application of the principle of state sovereignty, towards a more integrated vision. The interdependent nature of the environment makes necessary an interdependent governance and regulation of the issues related to it.

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44

Salazar, Juan Carlos. "The burden of proof of the air cargo claimant under international law /". Thesis, McGill University, 1999. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=30323.

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Abstract (sommario):

The air cargo industry is evolving rapidly, as is its international law regime. The recent entry into force of the Montreal Protocol No. 4 and adoption of the Convention for the Unification of Certain Rules for International Carriage by Air signed at Montreal on 28 May 1999 constitutes a new legal framework for air cargo claims.
Rather than offering definite answers, this thesis identifies some current and emerging issues in the law of air cargo claims, particularly those aspects that the claimant must prove. The work traces the development of the Warsaw System by writers and courts, and attempts to identify trends in the application and interpretation of the new legal framework. The evolution towards independence of the law of carriage of goods by air from other similar regimes, and the existing connections among them, are examined. When appropriate, common law and civil law solutions to some legal issues will be introduced.
Finally, the thesis concludes that conflicting decisions in this field could be avoided by adopting uniform rules to solve conflicts of laws and to interpret international carriage conventions.

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45

Naji, Alaa A. "Islamic Fiqh and the contract of international carriage of passengers by air". Thesis, McGill University, 2001. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=33056.

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Abstract (sommario):

GOD says in the Holy Qur'aan "O' people, I have created you from a single pair of a male and a female, and made you into nations and tribes that ye may know each other. Verily the most honored of you in the sight of GOD is the most righteous of you..." (Holy Qur'aan, 49:13).
This thesis is laid down in accordance with GOD's order to connect civilizations with each other and to benefit from each other's experience and knowledge toward a much better future for humanity.
The thesis tries to reflect upon the opinions of Islamic Fiqh with regard to the contract of international carriage of passengers by air and e-ticketing in a manner that is understandable to both Fiqh oriented and Western Law oriented readers. Therefore, it has been designed to include three major Parts where the first introduces the Western Law oriented reader to Islamic Fiqh. The Second Part introduces the Fiqh Oriented reader to the world of tickets and travel documents. Finally, the third chapter concentrates on the issue of electronic ticketing. (Abstract shortened by UMI.)

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46

Bochinger, Steve. "The implications of the privatization of space telecommunications on international organizations /". Thesis, McGill University, 2000. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=31150.

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Abstract (sommario):

If the privatization of space telecommunications, because of its impacts, has been subject to various studies, this thesis focuses the analysis of this phenomenon on a particular point: its implications on international organizations.
Because of the evolution of the sector, international satellite organizations have undertaken for around ten years several internal reforms that lead today to the privatization of the three major organizations: Intelsat, Inmarsat and Eutelsat. These transformations constitute a particular sensitive issue as these organizations have been initially established so that to exploit satellite systems for the general interest of their members.
The impact of this phenomenon is no less considerable on the ITU, in charge of the international regulation, from a regulatory but also structural point of view. Moreover, the liberalization of telecommunication market undertaken under the aegis of the WTO grants to this organization a new major place in space telecommunication regulation.

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47

YAMADA, SHIN'YA, KUNIKO TAKIHI, MASASHI FURUTA, HISATAKA SAKAKIBARA, TAKA-AKI KONDO, MASARU MIYAO e KATSUMI YAMANAKA. "AN INTERNATIONAL ANALYSIS OF SMOKING CONTROL LEVELS IN RELATION TO HEALTH, SOCIAL AND ECONOMIC INDICATORS". Nagoya University School of Medicine, 1993. http://hdl.handle.net/2237/15931.

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48

Borg, Thomas. "The Relationship between EC-Law and Swedish Law regarding Competition and Labour Legislation". Thesis, Linköping University, Department of Management and Economics, 2001. http://urn.kb.se/resolve?urn=urn:nbn:se:liu:diva-901.

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Abstract (sommario):

According to § 2 of the swedish Competition Law it does not apply to agreements between employers and employees regarding salary and other working conditions. In the EC-treaty there is no such exception, but the European Court of Justice has established one. The purpose of this paper is to investigate if there are any differences between the two exceptions and, if so, how those differences effects the possibility to challenge swedish collective agreements from a competition law standpoint.

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49

Tenailleau, Marie Amelie. "Etude des procédures de mise en œuvre des droits fondamentaux au travail : perspectives d'évolution du rôle de l'OIT dans le contexte de la mondialisation". Thesis, McGill University, 2001. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=34013.

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Abstract (sommario):

In the context of economic globalisation, the unequal distribution of wealth among nations often leads to infringe fundamental workers' rights, so that it has become a major concern for politicians, scholars, jurists and NGOs. Therefore the question is how the social market can be regulated today. The ILO is the first international organisation that has dealt with workers' rights, especially fundamental rights, its goal being to protect workers universally. If its legitimacy had been unquestioned for years, it is shattered by external economic factors today: state's loss of power in regulating social relations, the emergence of new political counterbalances on the international scene---unknown by international public law---and self-governance by social labels or codes of conducts. The author will attempt, by a critical appraisal, to demonstrate that the ILO has its own constitutional and logistical means to implement fundamental workers' rights efficiently and independently: union freedom and collective negotiation, prohibition of hard labour, prohibition of child labour, prohibition of discrimination. According to the author, the ILO is undergoing an institutional transition. The latter is adapting to the new economic context. In Geneva centralised procedures are still very centralised but they are in the same time counterweighted by local actions or soft procedures. These more flexible and discrete procedures are the keystone of the ILO system of supervision to implement fundamental rights. Finally it is relevant to have a look at regional organisations which deal with those fundamental rights, as they have a special role in implementing the ILO fundamental rights.

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50

Ramaswamy, Muruga Perumal. "Combating challenges in E-business: scope and limitations of international law and national legal measures in USA and China and therole of Hong Kong as a hub". Thesis, The University of Hong Kong (Pokfulam, Hong Kong), 2010. http://hub.hku.hk/bib/B43877655.

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Tesi sul tema "International legislation"

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