Academic literature on the topic 'International business enterprises. Law and legislation'
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Journal articles on the topic "International business enterprises. Law and legislation"
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Martyniszyn, Marek. "Legislation Blocking Antitrust Investigations and the September 2012 Russian Executive Order." World Competition 37, Issue 1 (March 1, 2014): 103–19. http://dx.doi.org/10.54648/woco2014006.
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This article offers a typology of so-called blocking legislation and analyses its development, functions and legality under international law. It also presents and discusses the new Russian blocking Order, issued in September 2012, focusing on its possible effects on the European Commission's investigation of Gazprom's business practices (in light of EU competition law) as well as, more broadly, on foreign operations of Russian strategic enterprises.
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Bakalinska, Olga O., Valeriy I. Polyukhovych, Volodymyr I. Korol, and Oksana V. Kiriiak. "Some Aspects of Harmonisation of Ukraine’s Competition Legislation to EU Standards." International Journal of Criminology and Sociology 10 (December 31, 2020): 450–64. http://dx.doi.org/10.6000/1929-4409.2021.10.53.
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In modern conditions, obtaining information about market dynamics, trends in demand, and alternative offers from competitors is vital to support the effective operation of enterprises. It is also common business practice to discuss legislative initiatives, non-confidential technical information, quality and safety standards, and various aspects of the industry. However, the direct or indirect exchange of information may be accompanied by various wrongful intentions of economic entities (for example, elimination of competitors, creation of entry barriers, agreement on price levels, certain discounts, sales volumes, and the market's geographical distribution, etc.). In Ukraine, there are currently no analogues of a full-fledged guide to information exchange between competitors, which determined the relevance of this study. The purpose of the study is to establish regulatory, economic principles for assessing the exchange of information between enterprises operating in the relevant market, in the context of compliance with legislation on protection of economic competition; analysis of the progressive international practice of cessation of violations in the form of information exchange, which leads to distortion of economic competition. In Ukraine, it is necessary to adopt the Guidelines for the Exchange of Information between Competitors (from now on referred to as "the Guidelines"), raising awareness of the business community (including associations and chambers of commerce), lawyers, and society in general regarding the main aspects of the competition compliance with competition law in order to promote fair business activities, protect the competitive environment and, as a consequence, improve consumer welfare.
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Opanasiuk, Nataliia, Alla Okhrimenko, and Sergii Popovych. "Legal regulation of tourist activity in the context of Ukrainian legislation reform about tourism." ScienceRise: Juridical Science, no. 3(17) (September 30, 2021): 9–17. http://dx.doi.org/10.15587/2523-4153.2021.238875.
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The problems of legal regulation of tourist activity in Ukraine are analyzed. Based on the diagnosis of the current Law of Ukraine "On Tourism" and the practice of their implementation, it is established, that the most conflicting are issues related to the requirements for tourism and the accumulation of excessive bureaucratic burden on business, the existence of discriminatory conditions of tourism enterprises guarantees that do not take into account the volume of travel services by enterprises, the exclusivity of tour operators, the regulation of issues related to the execution of contracts for tourist services, including in the form of vouchers, conflict of laws on the permit system for the right to provide tourist support; prohibitions for travel agents to cooperate with non-residents, etc.). It is also established, that the outdated terminological and conceptual apparatus is used, there is a lack of effective mechanisms for consumer protection and real stimulation of the development of priority for the state inbound and domestic tourism. Based on the study, it is noted, that the current Law of Ukraine "On Tourism" does not meet current trends and needs significant substantive comprehensive reform to meet the interests and demands of society and business, taking into account international experience in tourism development. Attention is drawn to the need to harmonize Ukrainian legislation with international law and take into account the experience of most countries with developed markets for tourism services, there are examples of settlement of tourism in the EU. It is also noted, that the strengthening of security measures during 2020-2021 due to the spread of the COVID-19 pandemic and changes in the conditions of providing services in the field of tourism (introduction of travel safety measures, vaccination certificates and PCR testing for travel, self-isolation and observation regimes for travelers, changes in the conditions of insurance protection of tourists to travel abroad, etc.) also require legal regulation at the legislative level. Examples of attempts to reform the current Law of Ukraine on Tourism are given.
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Novak, I. М. "Protection of Employment under Martial Law." HERALD OF THE ECONOMIC SCIENCES OF UKRAINE, no. 1(42) (2022): 205–8. http://dx.doi.org/10.37405/1729-7206.2022.1(42).205-208.
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The purpose of the article is to analyze the tools of state business support policy and develop proposals for improving labor legislation to protect employment under martial law. Research methods: dialectical, abstract-logical, induction and deduction, analysis and synthesis, analogy and comparisons, system, complex and content analysis. The instruments of the state policy of supporting enterprises in the conditions of martial law are analyzed, in particular regarding the simplification of the regulation of labor relations by suspending the validity of the employment contract. It has been proven that this creates conditions for the legalization of hidden unemployment and limits workers’ access to assistance in the mandatory state social insurance system. The similarity of the impact of the factors of the COVID-19 pandemic and martial law on the labor market is shown. Based on the analysis of the international experience of saving jobs during the COVID-19 pandemic, ways of improving the labor legislation are proposed to compensate for the consequences of the suspension of the employment contract in the conditions of martial law. Keywords employment protection, martial law, suspension the validity of the employment contract, labor law, labor relations, hidden unemployment, COVID-19 pandemic.
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Liao, Carol, Elsir U. Tawfik, and Pat Teichreb. "The Global Social Enterprise Lawmaking Phenomenon: State Initiatives on Purpose, Capital, and Taxation." Windsor Yearbook of Access to Justice 36 (December 11, 2019): 84–114. http://dx.doi.org/10.22329/wyaj.v36i0.6068.
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New laws designed to foster and govern social enterprises are propagating throughout the world. Beyond American initiatives, relatively little has been written to date on the global contagion of lawmaking to address the burgeoning field of social enterprise. Increased corporate lobbying to transplant American “benefit” corporation legislation into other countries, with little sensitivity towards existing legal ecosystems in those nations, has generated an urgency to broaden the literature and unearth the wide range of social enterprise law initiatives occurring across the globe. This article identifies over 40 state initiatives across 30 countries to distinguish this international movement. Critical thematic issues are identified from the available data, in hopes of shifting the focus away from private American interests in non-US countries and adding new knowledge to the development of social enterprise law and policies in the years ahead. This article begins by detailing various ways in which states have defined the purpose of social enterprise and social enterprise-type businesses, including how jurisdictions have experimented between state-run certifications and separate corporate legal structures to meet growing demands from particular sectors and stakeholders. We find that most jurisdictions require social enterprises to have a specific social purpose designed to serve the targeted needs of specific sectors, marginalized groups, and/or vulnerable communities. Next, we examine how new state legislation has sought to ease or restrict capital access for these social enterprises. Finally, we provide a detailed overview of various tax initiatives explored by states to promote and foster social enterprises. We suggest that lawmakers proceed with caution in the development of social enterprise laws, particularly when they are in response to private interest groups, and engage in fulsome discussions on the range of available legal methods to foster social enterprise within their jurisdictions.
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COPELAND, ANNE M., and SOPHIE LE CLUE. "EMS AS A MAINSTREAM BUSINESS TOOL: PERSPECTIVES FROM HONG KONG." Journal of Environmental Assessment Policy and Management 01, no. 02 (June 1999): 159–75. http://dx.doi.org/10.1142/s1464333299000132.
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The proliferation of global trade and commerce provides both challenges and opportunities for addressing transboundary pollution and furthering global sustainability. In addition to international policy instruments and legislation, standardised approaches to environmental management can improve environmental performance and reduce the escalating levels of pollution that are being experienced worldwide, and particularly in the Asia-Pacific region. In Hong Kong, 35 organisations have been certified to the ISO 14001 international environmental management system (EMS) standard, joining over 5000 more worldwide. While this trend is encouraging, Hong Kong's experience demonstrates that significant barriers exist for EMS to become a mainstream tool for small- and medium-sized enterprises (SMEs). As is it unlikely that certification will become mandatory at the international level, additional effort is therefore required to overcome these barriers, such as raising the awareness of all stakeholders to the benefits of the EMS and facilitating access to the necessary financial and technological assistance.
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Grado, Valentina. "The eu “Conflict Minerals Regulation”: Potentialities and Limits in the Light of the International Standards on Responsible Sourcing." Italian Yearbook of International Law Online 27, no. 1 (November 14, 2018): 235–57. http://dx.doi.org/10.1163/22116133-02701014.
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Business enterprises involved in the exploitation of mineral resources originating from conflict zones are at risk of financing armed activities and fuelling systematic violations of international law and human rights abuses. This article first analyses the initiatives developed by the UN and OECD aimed at encouraging companies to respect human rights and avoid contributing to conflict by adopting “supply chain due diligence” practices. Second, it focuses on a recent Regulation adopted by the EU to tackle trade in certain minerals sourced from conflict-affected and high-risk areas in order to highlight its main positive aspects and challenges and, at the same time, to ascertain whether and to what extent this new legislation is consistent with the UN/OECD international standards on responsible sourcing.
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Buriak, K. M. "FEATURES OF CONFLICT-OF-LAWS REGULATION OF INTERNATIONAL WORK RELATIONS." Constitutional State, no. 41 (March 17, 2021): 103–8. http://dx.doi.org/10.18524/2411-2054.2021.41.225615.
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The article provides a comprehensive legal study of the basic principles of conflict-oflaws and legal regulation of work, complicated by a foreign element. It is determined that work relations complicated by a foreign element include: work of local citizens with foreign employers outside their country; foreign business trips of citizens to work abroad; work at enterprises owned by foreign entrepreneurs on the territory of their state; work of foreigners in the host state. It is noted that conflict-of-laws issues in the field of work relations complicated by a foreign element arise due to the specifics of the national legislation of each of the countries and the inconsistency of private international law in this area. The article analyzes the peculiarities of work of foreigners in Austria, Brazil, Canada, China, Romania, USA, Tunisia, Hungary, Ukraine, France, Germany, Czech Republic, Sweden, Switzerland, Japan. Based on the analysis it is concluded that the working conditions of emigrants are regulated by Public Law Regulations, which are mandatory and less humane in their content than the general conditions established by the general labor legislation and collective agreements. Foreign workers are directly dependent on entrepreneurs due to threats of expulsion, language difficulties, lack of professional training and other reasons. It is characterized by free overtime work, non-provision of vacations and sick leave. The article describes the conflict-of-laws bindings, which regulate work relations complicated by a foreign element, namely: the law of the autonomous will of the parties, the law of the place of performing of work, the law of the location of the employer, the law of the place of conclusion of an employment contract, the principle of the employer's personal law, the law of citizenship (domicile), the law of the flag, the principle of the closest connection. The features of the operation of conflict-of-laws bindings regulating work relations complicated by a foreign element in countries of different legal families are considered
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Podolianchuk, Olena. "TAX AND ACCOUNTING SYSTEMS OF SMALL AGRICULTURAL EN-TERPRISES IN THE CONDITIONS OF EUROPEAN INTEGRATION." Three Seas Economic Journal 2, no. 3 (September 30, 2021): 95–103. http://dx.doi.org/10.30525/2661-5150/2021-3-13.
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Globalization processes around the world affect the activities of economic entities, which in turn leads to changes in their accounting and taxation systems. The article is devoted to the study of the peculiarities of the application of the simplified system of accounting and taxation of agrarian businesses of small businesses in order to identify problematic aspects and areas of state support for their functioning in the context of European integration. A study of the main aspects of the Association Agreement between Ukraine, on the one hand, and the European Union, the European Atomic Energy Community and their Member States, on the other hand, in terms of accounting and taxation. It is determined that the implementation of domestic legislation to the regulations of the European Union (directives) is tangible for both businesses and individuals. Analytical data on the activities of small busi-nesses in Ukraine, including agricultural enterprises, are presented. The results of the analysis show a decrease in the number of small enterprises for the period 2015-2019. At the same time, the volumes of produced and sold products of small businesses and micro-enterprises are growing, which testifies to the importance of the activities of these businesses. It is determined that the conditions of production and economic activity of business entities are accompanied by constant changes in current legislation, which causes uncertainty in their position in the competitive environment, leads to the risk of transactions and increased tax burden, and as a result – business closure or withdrawal in the shadows. "The current systems of taxation of small businesses are studied and their advantages and disadvantages are identified. The main criteria for assigning business entities to the group of small businesses in the agricultural sector, taking into account the Tax and Commercial Codes of Ukraine, as well as the provisions of the Law of Ukraine "On Accounting and Financial Reporting in Ukraine". The system of taxation and accounting of small agricultural enterprises is studied. It was found that the current situation in agriculture indicates the shortcomings and lack of efficiency of the tax system, which requires scientific and methodological support for a consistent and stable tax policy for this category of taxpayers, the use of tax incentives for small businesses, improving the simplified taxation of small businesses . Examining the organization of accounting for small businesses in the context of European integration, the framework of the feasibility of changes in the accounting system. It is noted that a certain problem is the inconsistency of financial and tax accounting for the formation of a harmonized information product for different groups of users. The opinion is expressed that the fiscal orientation of accounting should be reoriented to the needs of the management system and high-quality information support of stakeholders, including foreign investors. It is noted that the legislation on ac-counting and taxation systems, opening and registration of small and micro enterprises needs to be changed. In order to properly support the development of small business, it is proposed to create favorable conditions for taxation and a clear accounting system: providing information and financial support for the process of business organization and the transition to international accounting standards; organization of the system of training of entrepreneurs and retraining of accountants; streamlining mechanisms to protect the rights of small businesses.
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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, no. 2(24) (December 25, 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.
Dissertations / Theses on the topic "International business enterprises. Law and legislation"
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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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GATTO, Alexandra. "The responsibility of multinational enterprises for human rights violations in European Union law." Doctoral thesis, European University Institute, 2007. http://hdl.handle.net/1814/7018.
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Defence date: 18 June 2007Examining Board: Prof. Francesco Francioni, (EUI) ; Prof. Marise Cremona, (EUI) ; Prof. Enzo Cannizzaro, (University of Macerata) ; Prof. Olivier De Schutter, (Catholic University of Louvain)
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This thesis addresses the question as to how the European Union can ensure that EU based MNEs respect human rights when operating in third countries. Firstly, it identifies primary obligations on MNEs as developed by international law in order to tackle the above question. Secondly, on the basis of this theoretical framework it investigates how the European Union has acted to promote respect of human rights obligations by MNEs which are based on the territory of one of its Member States. Thirdly, the gap between the EU’s commitment to the respect and promotion of human rights, the potential to regulate the conduct of MNEs and the EU’s reluctance to impose human rights obligations on MNEs is explored. It is suggested that current human rights law should develop in the sense of considering companies as duty holders, together with States and other non-state actors, for the realisation of human rights. Moreover, a principle of graduation of responsibility is applied to MNEs, according to the specific human right involved, the proximity to the victim and the element of State authority exercised by the company in a particular situation. The above depicted graduation of responsibility (from the obligation to respect, to the obligation to promote human rights) should be matched by a graduation of corresponding implementing mechanisms. Applying this theoretical framework to the EU, three main recommendations have been formulated. Firstly, the EU should more firmly link the promotion of MNEs’ human rights obligations to international human rights law and support the constitution of an international law framework within the UN. Secondly, the EU should promote MNEs’ human rights obligations within the limits of its competence, both at the international and at an external level. It has been argued that a proactive attitude in this respect would not require the acquisition of new powers, but simply the recognition of a functional competence on the basis of Article 6 TEU in taking positive (and not merely negative) steps for the promotion of human rights in the areas of its competence occurring in international law and the international framework for MNEs’ responsibility. Finally, the EU should not abandon the option of exploring non-binding and incentive measures, both at the international and external levels, to be encouraged as a viable complement to binding measures.
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Horn, Roelof Combrinck. "The legal regulation of corporate governance with reference to international trends." Thesis, Link to the online version, 2005. http://hdl.handle.net/10019/1042.
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Philo, John C. "Health & safety rights and transnational liability for harm." Thesis, McGill University, 2006. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=101826.
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Safety and health is a basic human need and when not met, exacts costs that prevent societies from realizing development goals. Injury is increasing as a leading cause of death and disability. As the result of advances in public health knowledge and safety engineering technology, accidents and other injury events are often preventable. Injuries result from identifiable determinants and conditions that create exposure to identifiable hazards. By controlling hazards, the toll of injury can be reduced.International trade and investment can create conditions that increase or diminish the global injury burden. International institutions and national governments face the question of how to protect safety and health rights and reduce the injury burden in a world of increasingly global business activity. International institutions do not yet provide comprehensive regulation for exported harms. In common law nations, liability through formal law plays an important role in regulating conditions that can lead to injury. In such nations, private law can play an important role in filling segments of the regulatory gap relating to exported harms.
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Chirwa, Danwood Mzikenge. "Towards binding economic, social and cultural rights obligations of non-state actors in international and domestic law: a critical survey of emerging norms." Thesis, University of the Western Cape, 2005. http://etd.uwc.ac.za/index.php?module=etd&.
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This study argued that the issue of non-state actors requires a comprehensive response that includes the recognition of both non-binding and binding human rights obligations of these actors. It examined critically the emerging norms on voluntary obligations, state responsibility, and direct responsibility of these actors with regard to human rights at both international and domestic levels.
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Ren, Linghui, and 任凌晖. "Transfer pricing in China." Thesis, The University of Hong Kong (Pokfulam, Hong Kong), 2010. http://hub.hku.hk/bib/B45157819.
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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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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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Peerbhai, Aneesa. "Base erosion and profit shifting by multinational corporations and weaknesses revealed in South African income tax legislation." Thesis, Rhodes University, 2015. http://hdl.handle.net/10962/d1017540.
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This research examined the concept of base erosion and profit shifting in the context of tax schemes employed by multinational corporations. The objective of this thesis was to identify weaknesses within South Africa’s income tax legislation, based on these schemes, and further to propose recommendations to counter the occurrence of base erosion and profit shifting by multinational companies. The research also comprised of a limited review of current global and South African initiatives to address the problem of base erosion and profit shifting. It was concluded that there are a number of weaknesses in the definitions and provisions of the South African income tax legislation that need to be addressed in order to reduce base erosion and profit shifting. Brief recommendations were proposed in relation to each of the weaknesses, in order to address them.
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冼澤榮 and 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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Misrahi, Frederic. "The Europeanisation of Turkish policies and institutions in the areas of technical legislation and antitrust (1996-2010)." Thesis, University of Oxford, 2013. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.650075.
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The thesis assesses the causes and implications of Turkey's alignment with European Union (EU) policies and institutions in the areas of technical legislation (TL) and antitrust between 1996 and 2010. It argues that EU conditionality, based on the promise of positive rewards such as full membership, largely accounts for Turkey's high record in adopting EU policies and institutions in both areas, in rational-institutionalist fashion. This is because, in welldefined periods, the Turkish government deemed EU conditionality credible enough to walTant major adoption activities. However, regarding TL, EU-related domestic utility considerations (DUCs) played a crucial pali in suppOliing the development of the implementation and to some extent the enforcement dimensions. In antitrust, adoption and enforcement were also crucially suppOlied by non-EU factors, not least the regulatory drive that followed the 2000-2001 financial crises. By contrast, social-constructivist EU-related factors only played a marginal role with regard to adoption, implementation and enforcement. To avoid a bias toward EU explanations, I use counterfactual thought experiments, and compare each positive case with a negative case, where alignment is very low. My negative cases are mutual recognition and state aid. The study reveals the purchase of DUCs in countries where the credibility of EU conditionality is problematic, such as Turkey. It demonstrates that different explanatory models may account for alignment in one policy area, depending on the dimension considered. Turkey's alignment has domestic and external implications. Domestically, although Turkey made important steps towards the idealtype of the EU-style regulatory state in both areas, the transfOlmation was largely reactive, and remained incomplete. Externally, Turkey's alignment scenario, as well as both policy areas' intrinsic characteristics, imply that Mediterranean partner countries' prospects for comprehensive regulatory convergence with the EU are weak. The study relies on primary and secondary sources, non-structured interviews, and extensive fieldwork.
Books on the topic "International business enterprises. Law and legislation"
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Mercurio, Bryan. International business law. South Melbourne, Vic: Oxford University Press, 2010.
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Mercurio, Bryan. International business law. South Melbourne, Vic: Oxford University Press, 2010.
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Adrian, Pearson Michael, ed. International corporate law compendium. Boston: Aspen Publishers, 2010.
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Muchlinski, Peter. Multinational enterprises and the law. Oxford: Blackwell Publishers, 1995.
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Muchlinski, Peter. Multinational enterprises and the law. 2nd ed. Oxford: Oxford University Press, 2007.
Find full textBook chapters on the topic "International business enterprises. Law and legislation"
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Villamizar, Francisco Reyes. "Social Enterprises and Benefit Corporations in Colombia." In The International Handbook of Social Enterprise Law, 535–52. Cham: Springer International Publishing, 2022. http://dx.doi.org/10.1007/978-3-031-14216-1_25.
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AbstractColombian corporate law has been at the forefront of Latin American systems for the last decade. In 2008, it introduced the simplified corporation (SC), becoming the first country in the region to adopt a hybrid company form. The Colombian legislator has also been a pioneer in the enactment of norms related to benefit corporations introduced by Law 1901 of June 18, 2018 (referred to under the law as benefit and collective interest companies (BICs). Colombian legislation has adopted a highly flexible model of a benefit and collective interest company that does not represent high transaction costs for those entrepreneurs who wish to adopt it. The BIC model has been very successful in Colombia. In fact, the growth of this business model has been exponential within the last few years. It remains to be seen if there will be a convergence between Colombian BIC companies and the few corporations that have been certified by System B in this country.
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Matsumoto, Nobuko. "Corporations with Social Aims in the Japanese Legal System." In The International Handbook of Social Enterprise Law, 675–92. Cham: Springer International Publishing, 2022. http://dx.doi.org/10.1007/978-3-031-14216-1_32.
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AbstractIn Japan, there is no specific legislation for “benefit corporations” or “social enterprises,” and the concepts of those entities are not necessarily widely known. This does not mean that Japanese industry and society do not accept the idea of businesses with social aims. On the contrary, Japanese for-profit corporations have a tradition of conducting business with social aims, and there are various nonprofit corporation schemes that can be used when one incorporates businesses with social aims. In the author’s view, existing entities are succeeding in their efforts to engage in social business at least to a certain extent, and the necessity of the new structure has not been necessarily recognized. At the same time, existing entities are not perfectly suited for engaging in businesses with social aims. Speaking of share corporations, it is difficult for customers or investors to distinguish share corporations which surely pursue their social aims from others. Continued observation is needed on whether these businesses will grow by utilizing existing entities or new specific legal infrastructures will be introduced in the future.
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de Cores Helguera, Carlos José, Patricia Di Bello, and Natalia Hughes. "Innovation in Uruguayan Business Law: The “Benefit and Collective Interest Companies and Trusts”." In The International Handbook of Social Enterprise Law, 921–39. Cham: Springer International Publishing, 2022. http://dx.doi.org/10.1007/978-3-031-14216-1_44.
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AbstractThis contribution deals with the experience of benefit companies in Uruguay. It introduces the concept of a benefit company, compares it to the status of “B companies,” and describes the situation before, and after the approval of Law No. 19.969 (July 2021) on “Benefit and Collective Interest Companies.” This chapter concludes with an attempt to assess the importance of the legislation and comes to some conceptual conclusions on the matter.
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Meira, Deolinda, and Maria Elisabete Ramos. "Social Enterprises and Benefit Corporations in Portugal." In The International Handbook of Social Enterprise Law, 739–58. Cham: Springer International Publishing, 2022. http://dx.doi.org/10.1007/978-3-031-14216-1_36.
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AbstractThe Portuguese legal system does not provide for the general regime of social enterprises. The legal notion offered by the Public Procurement Code has a sectoral scope, and the Basic Law on Social Economy is ambiguous as to the relationship between social enterprises and social economy. Benefit corporations have no legislative provision in the Portuguese legal order. However, “company” types are endowed with some flexibility. This allows shareholders to adapt the statutes to their business projects within the law’s limits through statutory clauses. Statutory clauses can incorporate the interests of the general community, workers and other stakeholders, translated, for example, into dividend distribution policies or environmentally sustainable practices, gender equality policies or the promotion of social responsibility measures.Although not expressly stated in Portuguese law, the current state of legal doctrine allows us to argue that social enterprises in Portugal are included in the perimeter of social economy entities.The areas of impact measured by B certification seem to be inspired by the experience concerning cooperatives, which combine social and economic aspects. Cooperatives, however, go beyond B-Corp entities. B certification, granted by private entity B-Lab, is not a new legal regime but only a label that distinguishes companies. Some Portuguese companies are B-Lab certified companies.
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Gunaksara, Made Arya Duta, and Nyoman Gede Antaguna. "Legal Politics on the Dynamics of Micro, Small and Medium Enterprises Regulation in National Legislation." In Proceedings of the 3rd International Conference on Business Law and Local Wisdom in Tourism (ICBLT 2022), 435–45. Paris: Atlantis Press SARL, 2023. http://dx.doi.org/10.2991/978-2-494069-93-0_52.
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Ramsay, Ian, and Mihika Upadhyaya. "The Failed Attempt to Enact Benefit Company Legislation in Australia and the Rise of B Corps." In The International Handbook of Social Enterprise Law, 395–424. Cham: Springer International Publishing, 2022. http://dx.doi.org/10.1007/978-3-031-14216-1_19.
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AbstractAustralia is an unusual case study in terms of the history of benefit company legislation. Unlike the history in some other countries, the attempt by B Lab Australia and New Zealand (‘B Lab ANZ’) to introduce benefit company legislation was unsuccessful. It failed to gain the support of the government and attracted a mixed response from Australian businesses and academics. The authors discuss why the attempt was unsuccessful. However, although benefit company legislation was not enacted in Australia, B Lab ANZ’s B Corp certification program has had significant success with 371 Australian B Corps as of January 2022. The authors argue that while B Lab ANZ’s B Corp certification requirements achieve, in some important respects, some of what was contained in the proposed benefit company legislation, had it been enacted the proposed legislation would have ensured greater transparency and accountability for those companies electing to become benefit companies than is currently the case for B Corps in Australia.
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Ventura, Livia. "Social Enterprises and Benefit Corporations in Italy." In The International Handbook of Social Enterprise Law, 651–74. Cham: Springer International Publishing, 2022. http://dx.doi.org/10.1007/978-3-031-14216-1_31.
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AbstractItaly has been the first country in the world to adopt the US benefit corporation model (so-called società benefit (SB)), which it transplanted into its legal system at the end of 2015. The Italian società benefit statute is a mix between the US Model Benefit Corporation Legislation and the Delaware Public Benefit Corporation Act but is characterized by some peculiar features, such as the scope of the legislation, which is applicable to all for-profit and cooperative organizational forms provided by the law, and the existence of a public enforcement mechanism based on the attribution of supervisory powers to the Italian Competition Authority. A few years after its introduction, società benefit seems to have been widely accepted, and the movement continues to grow. Furthermore, the Italian legal system continues to support the spread of the SB model, e.g., through the 2019 amendment of the “Public Contract Code,” which introduced new reward criteria for tendering companies that publish the annual report required by the società benefit law to assess their social and environmental impacts. From a comparative law perspective, the Italian “for-benefit” model has been the first one adopted by a civil law system and seems to have influenced other civil law countries.
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Giagnocavo, Cynthia. "B Corps, Benefit Corporations and Socially Oriented Enterprises in Canada." In The International Handbook of Social Enterprise Law, 455–69. Cham: Springer International Publishing, 2022. http://dx.doi.org/10.1007/978-3-031-14216-1_22.
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AbstractBenefit corporations are quite new in Canada, having been brought into force only on 30 June 2020 in the province of British Columbia. B Corps, however, are present and gaining ground across most provinces and territories. Benefit corporations under the new legislation are deemed to meet certification as B Corps. Other similar stakeholder interest companies are considered, such as community interest/contribution companies, social enterprises and co-operatives. Reference is made as well to Supreme Court of Canada jurisprudence, which already lays the ground for a broader consideration of stakeholder interests and benefits under corporate law in Canada. Finally, diverse opinions on introducing benefit corporation legislation are presented.
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Vasserot, Carlos Vargas. "Legal Regulation of Social Enterprises in Other European Countries." In The International Handbook of Social Enterprise Law, 941–50. Cham: Springer International Publishing, 2022. http://dx.doi.org/10.1007/978-3-031-14216-1_45.
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AbstractThis chapter deals with the legal regulation of social enterprises in several European countries not analyzed in the previous chapters. These countries adopted specific laws to regulate this type of entity. Nine countries were studied: Finland, Slovenia, Denmark, Romania, Greece, Latvia, Slovakia, Bulgaria, and Lithuania. Most of these countries are small sized economically but have been very active in enacting special legislation on social enterprises. Hence, it would be interesting to briefly describe their respective legal regime.
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Cracogna, Dante. "Social Enterprises and Benefit Corporations in Argentina." In The International Handbook of Social Enterprise Law, 379–93. Cham: Springer International Publishing, 2022. http://dx.doi.org/10.1007/978-3-031-14216-1_18.
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AbstractArgentina has no specific legislation on social enterprises or benefit corporations. Notwithstanding, there exist legal forms of organization that can be considered to be the former, and we have begun to see the latter emerge. This chapter considers the BIC (Benefit and Collective Interest) Companies bill passed in 2018 by the Chamber of Representatives of the Argentine Congress, which was moved to the Senate to complete its enactment process. However, since the bill was not discussed by this second Chamber within the period stipulated by the law, it had to be reintroduced in Congress. Two new bills were submitted that reproduce the previous bill’s text with some minor changes. Both are currently undergoing the corresponding legislative process. This review examines the bill passed by the Chamber of Representatives, the innovations included in the two subsequent bills, and the emergent experience of existing benefit corporations.
Conference papers on the topic "International business enterprises. Law and legislation"
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Levada, Valeriy, Illya Tolmachov, Olena Levada, and Andrii Galkin. "Improving the efficiency of international supply chains via optimizing the functioning of customs terminals." In Contemporary Issues in Business, Management and Economics Engineering. Vilnius Gediminas Technical University, 2019. http://dx.doi.org/10.3846/cibmee.2019.083.
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Purpose – improving the efficiency of international supply chains via optimizing the functioning of customs terminals. Research methodology – analysis of the performance of customs terminals. Findings – simplification of customs control and customs clearance through the application of electronic customs (e-customs) declarations; brings customs procedures in Ukraine closer to European and world standards and significantly facilitates the work of law-abiding foreign economic entities. Research limitations – today, Ukraine’s customs legislation makes it possible to use electronic declarations (e-declarations) without any restrictions by all willing companies that are registered with the customs authorities and pro-vides for the possibility of filing an e-declaration in all customs regimes without exception. The declarant only needs an electronic digital (e-digital) signature. Upon request, an enterprise may obtain an electronic digital key in the territorial units of the Accredited Key Certification Center for free. Practical implications – a reduction of customs clearance time. Originality/Value – an analysis of the work of customs in the territory of Ukraine was conducted, and measures were proposed to optimize the functioning of customs terminals
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Abdulrahman M Salih, Nowzad. "Leadership and Creativity in the Business Environment Qatar model." In 11th International Conference of Economic and Administrative Reform: Necessities and Challenges. University of Human Development, 2022. http://dx.doi.org/10.21928/icearnc/32.
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The role of entrepreneurship at the global level has grown in achieving economic and social development. On the economic side, establishing new businesses creates job opportunities for youth and increases production. On the social side, the spread of the concept of entrepreneurship in society leads to the generation of entrepreneurship, innovation and competition among young people. In addition to solving the problem of unemployment and the resulting economic and social problems. This is in line with the 2030 Sustainable Development Goals, which encourage accelerating economic growth and increasing levels of productivity and technological innovation. Women and men by 2030. In the State of Qatar, attention has begun to the issue of leadership and creativity in the business environment, as one of the most important mechanisms of strategic direction to support the policy of economic diversification that the state seeks to reduce dependence on the hydrocarbon sector in the national economy, and to achieve the Qatar National Vision 2030, which seeks to develop a diversified and competitive national economy Able to meet the needs of the citizens of Qatar at present and in the future and secure a high standard of living. This interest was reflected in Qatar's ranking first in the Arab world and third globally in the Entrepreneurship Environment Index for 2019, and 22nd globally and first in the Arab world in the Entrepreneurship and Development Index for 2019. The research will focus on the statement of laws and legislation that regulate activities related to creativity and entrepreneurship, and institutional frameworks that contribute to the development of the business environment with the aim of providing a stimulating investment environment for owners of small and medium enterprises and entrepreneurs, and evaluating the performance of the business and entrepreneurship environment in Qatar from the reality of international indicators (Entrepreneurship Index, Entrepreneurship Index Entrepreneurship environment), assessing the strengths and weaknesses in the aspects of leadership and creativity, and submitting proposals to develop the institutional performance related to the business environment, in a manner that serves to raise Qatar’s ranking in the indicators of global innovation and entrepreneurship.
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Abdulrahman M Salih, Nowzad. "Leadership and Creativity in the Business Environment Qatar model." In 11th International Conference of Economic and Administrative Reform: Necessities and Challenges. University of Human Development, 2022. http://dx.doi.org/10.21928/uhdicearnc/32.
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The role of entrepreneurship at the global level has grown in achieving economic and social development. On the economic side, establishing new businesses creates job opportunities for youth and increases production. On the social side, the spread of the concept of entrepreneurship in society leads to the generation of entrepreneurship, innovation and competition among young people. In addition to solving the problem of unemployment and the resulting economic and social problems. This is in line with the 2030 Sustainable Development Goals, which encourage accelerating economic growth and increasing levels of productivity and technological innovation. Women and men by 2030. In the State of Qatar, attention has begun to the issue of leadership and creativity in the business environment, as one of the most important mechanisms of strategic direction to support the policy of economic diversification that the state seeks to reduce dependence on the hydrocarbon sector in the national economy, and to achieve the Qatar National Vision 2030, which seeks to develop a diversified and competitive national economy Able to meet the needs of the citizens of Qatar at present and in the future and secure a high standard of living. This interest was reflected in Qatar's ranking first in the Arab world and third globally in the Entrepreneurship Environment Index for 2019, and 22nd globally and first in the Arab world in the Entrepreneurship and Development Index for 2019. The research will focus on the statement of laws and legislation that regulate activities related to creativity and entrepreneurship, and institutional frameworks that contribute to the development of the business environment with the aim of providing a stimulating investment environment for owners of small and medium enterprises and entrepreneurs, and evaluating the performance of the business and entrepreneurship environment in Qatar from the reality of international indicators (Entrepreneurship Index, Entrepreneurship Index Entrepreneurship environment), assessing the strengths and weaknesses in the aspects of leadership and creativity, and submitting proposals to develop the institutional performance related to the business environment, in a manner that serves to raise Qatar’s ranking in the indicators of global innovation and entrepreneurship.
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Wang, Shanshan, and Honglei Liu. "Enterprises Accounting for Reward Bonus under the Perspective of Business Law." In International Conference on Education, Management, Computer and Society. Paris, France: Atlantis Press, 2016. http://dx.doi.org/10.2991/emcs-16.2016.177.
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Morina, Gazmend, and Gani Kastrati. "ENVIRONMENTAL EXPENDITURE OF ENTERPRISES, IN MINING SECTOR IN KOSOVO." In 22nd SGEM International Multidisciplinary Scientific GeoConference 2022. STEF92 Technology, 2022. http://dx.doi.org/10.5593/sgem2022/5.1/s21.072.
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Environmental expenditures include all environmental protection expenditures to prevent, reduce and control environmental aspects, impacts and hazards, in addition to the costs of disposal, treatment, hygiene and cleaning. Environmental protection expenditures are defined as investments of enterprises allocated to reduce direct environmental pollution. In this scientific paper we will address the topic of environmental costs of enterprises in the mining sector in Kosovo. All enterprises of the mining industry in Kosovo are obliged by legislation to allocate or plan a budget for environmental expenditures. The Independent Commission for Mines and Minerals is an independent agency defined by the Constitution of the Republic of Kosovo, which regulates mining activities in Kosovo in accordance with the Law on Mines and Minerals, bylaws issued in accordance with the Law on Mines and Minerals and Kosovo Mining Strategy. This institution has determined by administrative instruction the expenses which the enterprises of the mining sector are obliged to deposit in the form of bank guarantees, for the closure of the mine, after the expiration of the license or permit. This type of expense for the company is otherwise called insurance "for all risks to third parties". Collecting high quality and reliable environmental expenditure data is essential for policymakers to develop effective environmental policies and for donors and financial institutions. Environmental criteria consider how a company performs as a nature manager. Mining areas often experience a theme of social tension due to the potential compromise between the expected impact of employment and concerns about environmental damage. Pollution control is a necessary condition for welfare benefits despite new job opportunities in the mining sector. Mining operations often require intensive use of water resources, require land and can create severe environmental externalities, including soil erosion and pollution, air and water, pollution from acid mine drainage, to chemical leakage and sedimentation. During this paper we will be based on some methods of scientific research such as: analysis, synthesis, generalization, specification, etc. We will be based on publications or official reports of relevant institutions, Kosovo and international legislation related to the topics addressed as well as field visits to the mining sector enterprises in Kosovo, which allocate more budget for environmental expenditures, for due to the activity they exercise. Finally, we will give our conclusions regarding the adequacy of environmental expenditures made by mining sector companies in Kosovo, the legislation in force and the need to amend or supplement this legislation, etc.
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Fauzie, Muhammad, Sunarmi Sunarmi, Muhammad Yamin, and Maria Maria. "Legislation Disharmony of Land and Business Management on State Land in Belawan Seaport." In Proceedings of the 2nd International Conference on Law, Economic, Governance, ICOLEG 2021, 29-30 June 2021, Semarang, Indonesia. EAI, 2021. http://dx.doi.org/10.4108/eai.29-6-2021.2312637.
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Dahlan, Muhammad, and Herlin Wijayati. "Quality and Validity Examination of Academic Paper in the Legislation of Local Regulation about Mining Management and Business." In 2018 International Conference on Energy and Mining Law (ICEML 2018). Paris, France: Atlantis Press, 2018. http://dx.doi.org/10.2991/iceml-18.2018.48.
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Angelova, Milena. "THE DEFINITION OF SMALL AND MEDIUM ENTERPRISES - CHALLENGES IN ACCESSING SUPPORT MEASURES." In THE LAW AND THE BUSINESS IN THE CONTEMPORARY SOCIETY 2020. University publishing house "Science and Economics", University of Economics - Varna, 2020. http://dx.doi.org/10.36997/lbcs2020.26.
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The report analyzes the definition of small and medium enterprises, having in mind the many international definitions and the challenges in formulating its unambiguous content, given the significant differences between economies, business making conditions and the legal systems of individual countries. In the context of the problems, the challenges related to the application of the segmentation criteria and, respectively, in the access to support measures have been examined. Based on the research, summaries and conclusions applicable to Bulgaria are made.
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Batrova, Tatiana Alexandrovna. "Collisions of Criminal and Business Legislation Norms in the Context of the Effectiveness of Combating Crime." In VII INTERNATIONAL SCIENTIFIC-PRACTICAL CONFERENCE “CRIMINAL LAW AND OPERATIVE SEARCH ACTIVITIES: PROBLEMS OF LEGISLATION, SCIENCE AND PRACTICE”. SCITEPRESS - Science and Technology Publications, 2021. http://dx.doi.org/10.5220/0010642900003152.
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Wu, Xinling, and Yuanyuan Yang. "Study on User-driven Business Model Innovation for Traditional Manufacturing Enterprises in the qInternet Plusq Age." In 3rd International Conference on Economics, Management, Law and Education (EMLE 2017). Paris, France: Atlantis Press, 2017. http://dx.doi.org/10.2991/emle-17.2017.79.
Full textReports on the topic "International business enterprises. Law and legislation"
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Michel, Bob, and Tatiana Falcão. Taxing Profits from International Maritime Shipping in Africa: Past, Present and Future of UN Model Article 8 (Alternative B). Institute of Development Studies (IDS), November 2021. http://dx.doi.org/10.19088/ictd.2021.023.
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International maritime shipping is an essential part of global business. Since the establishment of the current international tax regime in the 1920s, there has been a consensus that profits generated by this business are taxable only in the residence state –the state where the shipowners are located. Source states – the port states where business physically takes place – are generally expected to exempt income from international shipping. This standard is currently reflected in Article 8 of the OECD Model and Article 8 (Alternative A) of the UN Model, and is incorporated in the vast majority of bilateral tax treaties currently in force. Exclusive residence state taxation of shipping profits is problematic when the size of mercantile fleets and shipping flows between two states are of unequal size. This is often the case in relations between a developed and developing country. The latter often lack a substantial domestic mercantile fleet, but serve as an important revenue-generating port state for the fleet of the developed country. To come to a more balanced allocation of taxing rights in such a case, a source taxation alternative has been inserted in UN Model Article 8 (Alternative B). From its inception, Article 8B has been labelled impractical due to the lack of guidance on core issues, like sourcing rules and profit allocation. This gap is said to explain the low adoption rate of Article 8B in global tax treaty practice. In reality, tax treaty practice regarding Article 8B is heavily concentrated and flourishing in a handful of countries in South/South-East Asia – Bangladesh, India, Indonesia, Myanmar, Pakistan, the Philippines, Sri Lanka and Thailand. All these countries subject non-resident shipping income to tax in their domestic income tax laws. Except for India, all countries are able to exercise these domestic tax law rules in relation to shipping enterprises located in the biggest shipowner states, either because they have a treaty in place that provides for source taxation or because there is no treaty at all and thus no restriction of domestic law. None of the relevant tax treaties contain a provision that incorporates the exact wording of Article 8B of the UN Model. If other countries, like coastal countries in sub-Saharan Africa, are looking to implement source taxation of maritime shipping income in the future, they are advised to draw on the South/South-East Asian experience. Best practice can be distilled regarding sourcing rule, source tax limitation, profit attribution and method of taxation (on gross or net basis). In addition to technical guidance on tax, the South/South-East Asian experience also provides important general policy considerations countries should take into account when determining whether source taxation of maritime shipping profits is an appropriate target for their future tax treaty negotiations.