Academic literature on the topic 'Legal regime of foreign capital'
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Journal articles on the topic "Legal regime of foreign capital"
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Svoboda, Ondřej. "Julien Chaisse (ed.): China's International Investment Strategy: Bilateral, Regional, and Global Law and Policy." Czech Journal of International Relations 55, no. 2 (June 1, 2020): 73–75. http://dx.doi.org/10.32422/mv.1697.
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The phenomenal story of China’s ‘unprecedented disposition to engage the international legal order’ has been primarily told and examined by political scientists and economists. Since China adopted its ‘open door’ policy in 1978, which altered its development strategy from self-sufficiency to active participation in the world market and aimed at attracting foreign investment to fuel its economic development, the underlying policy for mobilizing inward foreign direct investment (IFDI) remains unchanged to date. With the 1997 launch of the ‘Going Global’ policy, an outward focus regarding foreign investment has been added, to circumvent trade barriers and improve the competitiveness of Chinese firms, typically its state-owned enterprises (SOEs). In order to accommodate inward and outward FDI, China’s participation in the international investment regime has underpinned its efforts to join multi-lateral investment-related legal instruments and conclude international investment agreements (IIAs). China began by selectively concluding bilateral investment treaties (BITs) with developed countries (major capital exporting states to China at that time), signing its first BIT with Sweden in 1982. Despite being a latecomer, over time China’s experience and practice with the international investment regime have allowed it to evolve towards liberalizing its IIAs regime and balancing the duties and benefits associated with IIAs. The book spans a broad spectrum of China’s contemporary international investment law and policy: domestic foreign investment law and reforms, tax policy, bilateral investment treaties, free trade agreements, G20 initiatives, the ‘One Belt One Road’ initiative, international dispute resolution, and inter-regime coordination.
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Sharafutdinova, Gulnaz, and Karen Dawisha. "The Escape from Institution-Building in a Globalized World: Lessons from Russia." Perspectives on Politics 15, no. 2 (June 2017): 361–78. http://dx.doi.org/10.1017/s1537592717000068.
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Strong institutions and accountable governments are imperative for any country’s long-term prosperity. Yet the development of such institutions has presented a continuous challenge for many countries around the world. Using Russia as a case, this study brings attention to the unexpected negative impact of global interdependence and shows that institutional arbitrage opportunities have enabled economic actors to solve for institutional weaknesses and constraints in the domestic realm by using foreign institutions, thereby limiting the emergence of a domestic rule of law regime. We argue that such opportunities lower the propensity of asset-holders, normally interested in strong institutions at home, to organize collective action to lobby for better institutions. We demonstrate the main ways through which Russia’s capital-owners make use of foreign legal and financial infrastructures such as capital flight, the use of foreign corporate structures, offshore financial centers, real estate markets, the round-tripping of foreign direct investment, and reliance on foreign law in contract-writing and foreign courts in dispute-resolution.
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Xiaoyang, Zhang. "China’s New Foreign Investment Law." Amicus Curiae 2, no. 1 (October 23, 2020): 79–94. http://dx.doi.org/10.14296/ac.v2i1.5212.
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China’s legal framework for governing foreign investment has recently been considerably streamlined in comparison to its former self. The newly promulgated Foreign Investment Law of the People’s Republic tends to level the investment playing field in the country so that foreign investors can no longer enjoy significant privileges that have been unavailable to domestic firms and entrepreneurs. Operating a relatively nondiscriminatory mechanism, such as has been introduced, will in practice mean reliance on a negative list approach to confine inflows of overseas capital to specifically identify sensitive sectors. As China has committed its market to opening up on a much grander scale in the foreseeable future, the new foreign investment regime and accompanying ideology may not necessarily deter foreign investors from looking for opportunities in the foreseeable future.
Keywords: China; foreign investment; negative list; market opening-up
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Licht, Amir N. "Cross-listing and corporate governance: Bonding or avoiding?" Corporate Ownership and Control 1, no. 4 (2004): 36–48. http://dx.doi.org/10.22495/cocv1i4p3.
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In their seminal survey of corporate governance, Shleifer and Vishny distill the issue into a blunt question: "How do [the suppliers of finance] make sure that managers do not steal the capital they supply or invest it in bad projects?" The Enron/Arthur Andersen debacle and the ensuing wave’s of scandal vividly proved that American investors may face this question in the most acute form. To the extent that corporate governance issues play a role in the cross-listing decision, it is a negative role. Generally speaking, the foreign issuer regime "cuts corners" exactly on the issues of corporate governance relating to corporate insiders. The notion that issuers may want to improve their corporate governance by subjecting themselves to a better regulatory regime through cross-listing—say, on an American market—is appealingly elegant. If an American firm could use an NYSE listing to bond its insiders to better governance standards, why couldn’t foreign firms do the same? In an oft-cited 1999 article, Jack Coffee argues that they do just that: In other cases, however, the cross-listing may not entail corporate governance improvements. The cross-listing literature refers to differences in investor protection in three separate respects. In practice, however, foreign issuers can easily obtain an exemption from corporate governance listing requirements. The notion that corporations can self-improve their corporate governance by opting into a foreign country’s legal and regulatory regime through cross-listing has made considerable inroads into the legal and finance literature.
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Ojogbo, Samuel E., and Nwanneka V. Ezechukwu. "Shareholder Protection: A Comparative Review of the Corporate Legal / Regulatory Regimes in the UK and Nigeria." Journal of African Law 64, no. 3 (September 7, 2020): 399–424. http://dx.doi.org/10.1017/s0021855320000200.
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AbstractForeign investment is a major source of the capital that Nigeria and other developing markets need to promote economic activities and drive economic development. While profit mainly drives the decision to invest abroad, such decisions are also influenced by the safety of any actual investments made. Thus, investors are interested in the laws and regulations that offer them protection against corporate insider opportunism. In Nigeria, the relationship between corporate actors is mainly regulated by the Companies and Allied Matters Act (CAMA). This article investigates the corporate legal and regulatory protection for corporate shareholders in Nigeria and the UK. Comparing the corporate regulatory regime in the two jurisdictions, this article argues that the identified weaknesses in the Nigerian regulatory framework negatively impact the growth of foreign investment in the country. In view of these weaknesses, the article suggests a major review of CAMA and other regulatory instruments with a view to addressing the protection of small investors and “outsiders”, such as foreign investors.
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Rezvorovych, Krystyna. "Certain aspects of the legal regulation of joint investment institutions operation in the EU." Naukovyy Visnyk Dnipropetrovs'kogo Derzhavnogo Universytetu Vnutrishnikh Sprav 5, no. 5 (December 30, 2020): 155–59. http://dx.doi.org/10.31733/2078-3566-2020-5-155-159.
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The scientific article analyzes the peculiarities of the legal regulation of the joint investment insti-tutions of the European Union. The concepts and types of joint investment institutions have been defined, the legal regime and the peculiarities of their activity have been analyzed. The state in which the right conditions for investment funds are created has in their person an ef-fective mechanism for the development of the securities market, which play a significant role in the cross-sectoral redistribution of capital, enhance the stability of the stock market, stimulate both the internal investment process and foreign investment, promote empowering the state with regard to domestic bor-rowing. The positive role of co-investment institutions in the macroeconomic context is confirmed by the preferential nature of investment funds taxation (or lack thereof), which is characteristic of the national legislation of the vast majority of countries.
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Jilkine, V. A. "Introduce CRS Standards for the Automatic Exchange of Tax Information into International Practice and Improve the Legal Regime on Controlled Foreign Companies." Russian Journal of Legal Studies 5, no. 4 (December 15, 2018): 70–75. http://dx.doi.org/10.17816/rjls18446.
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Countering crime in taxation area is one of the crucial tasks since this type of offence encroaches upon the economic principles and the power of the state, promotes development of corruption ties and therefore is deemed to be among the most dangerous perils to the national financial security. The Tax Policy Centre of the Organization for Economic Co-operation and Development has launched a system, within the framework of the Automatic Exchange Portal, for disclosure of schemes aimed at circumventing the single standard (CRS) for automatic exchange of information on taxpayers’ accounts. The law on the place of residence (location) is applicable in terms of international private law pertaining to OECD information exchange rules. The legislation on controlled foreign companies proved to be the legislators’ response, in most of the developed countries, to minimization of taxation in offshore zones, having the purpose to prevent tax evasion through offshore companies established in jurisdictions with minimal taxation. On 27.12.2017, within the framework of the course for counteracting offshore structures and obtaining unreasonable tax benefits, certain amendments were introduced in Federal Law No. 376-ФЗ, with specification of conditions for classifying a foreign company as a controlled foreign company; setting the criteria for recognizing individuals and organizations to be controlling entities; introducing a procedure for taxation and exemption of controlled foreign company’s profit from taxation. In this regard, it is necessary to draft a number of laws aimed at development of mechanisms for return of capital to the Russian jurisdiction and regulation of legal norms intending to release business representatives from paying the 13-percent tax in the event of termination of their business abroad.
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Доронина, Наталия, and Nataliya Doronina. "Regulation Principles as Source of Legal Rule Interpretation (on the Example of Bilateral Agreements on Capital Investments’ Protection)." Journal of Russian Law 4, no. 5 (May 4, 2016): 0. http://dx.doi.org/10.12737/19223.
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Protection of a foreign investor is usually based on the national Law of the State — participant of the investment dispute. This is envisaged by Article 42 of the Washington Convention on Settlement of Investment Disputes between States and Nationals of Other States of 1965. The same article allows applying in certain cases the principles and the rules of international law to settle the conflict. It is an ordinary ICSID practice to judge on the jurisdiction of the ICSID arbitration basing on the rule of bilateral investment agreements between the governments of States, which are the international agreements fixing mutually favourable investment regime between the States — Parties to the Agreement. The incorrect interpretation of the Articles of the Agreement leads to expansion of the sphere of jurisdiction of ICSID arbitration and the infringement of the basic principle of international law on respect of sovereignty of a State. Such interpretation also makes it difficult to apply the European Law as an applicable law in the settlement of investment disputes against the States – members of the European Union.
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Owusu-Nantwi, Victor. "Foreign direct investment and institutional quality: empirical evidence from South America." Journal of Economic and Administrative Sciences 35, no. 2 (June 3, 2019): 66–78. http://dx.doi.org/10.1108/jeas-03-2018-0034.
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Purpose The purpose of this paper is to investigate the effect of institutional quality on foreign direct investment (FDI) flows in South America. Design/methodology/approach The study uses two-stage least squares (2SLS) and fixed effect ordinary least squares regression analyses to examine the relationship between institutional quality and FDI in South America. Findings The study finds a significant positive relationship between institutional quality index and FDI. This implies that improvements in the institutional quality relate to increases in the flow of FDI to South America. Domestic capital, GDP per capita growth, and trade positively relate to FDI. However, the coefficient of trade is not significant. This implies that increases in these variables relate to increases in FDI flows to South America. Practical implications The study recommends that quality of institutions matter to the flow of FDI and therefore, efficient institutional reforms should be a priority for policymakers as this creates a conducive investment environment to attract FDI in South America. Further, policies that are focused on promoting competition, open market, and effective non-corrupt public institution as well as open and transparent legal and regulatory regimes, and effective delivery of government services should be the priority of policymakers in South America (Mishra and Daly, 2007). Originality/value The study uses a single measure of institutional quality based on a broad set of institutional indicators. This broad measure of institutional quality differs from the available studies that mainly focused on single aspects of institutional quality, that is, either corruption, governance, or political risk.
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Shatokhin, A. Yu. "Administrative Liability for Violations of Fire Safety Requirements at Rental Facilities." Siberian Law Review 17, no. 4 (December 31, 2020): 566–74. http://dx.doi.org/10.19073/2658-7602-2020-17-4-566-574.
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The article examines the issue of administrative liability of the lessee and the lessor for violations of fire safety requirements in the existing legal regime for leasing buildings (premises). The urgency of the issue under study is substantiated based, first of all, on the existing contradictory judicial practice. The article analyzes the normative legal acts of the Russian Federation that regulate rental legal relations and administrative liability for violation of fire safety requirements, examines specific law enforcement acts, including those of the Constitutional and Supreme Court of the Russian Federation, studies publications of foreign authors on similar issues. The position of a number of judicial authorities on the impossibility of changing the public obligations of the parties to fulfill the fire safety requirements established by the legislation of the Russian Federation by a lease agreement that regulates only their civil obligations is criticized. The study revealed the characteristic features of a lease agreement, such as: direct transfer of things for temporary possession and use, or for temporary use; the temporary nature of the parties' agreement; concessionality of the contract. Considered, proposed by a number of authors, the classification of fire safety requirements into capital (constructive) and regime (operational, functional) and their author's definitions of these terms, based on the results of which their artificiality and incorrectness are justified. The Author has developed a law-based dichotomous classification and corresponding terminology. The possibility of classifying all fire safety requirements into social and technical requirements has been substantiated. It is proposed to consider as social requirements a set of legal norms that establish the rules of human behavior, the procedure for organizing production and (or) maintaining territories, buildings, structures, premises of organizations in order to ensure fire safety. The requirements of a technical nature should include a set of legal norms aimed at protecting people and property from the effects of hazardous fire factors directly related to the structural space-planning features of premises, buildings, technological equipment installed in it, and engineering systems. The following conceptual thesis has been formulated – the lessor is obliged to fulfill at his own expense the fire safety requirements of a technical nature established for the leased property, and the lessee is obliged to maintain the property in good condition, bear the cost of its maintenance and comply with fire safety requirements of a social nature, unless otherwise provided law, other legal acts or lease agreement. The author proposes to reflect the issue of the division of administrative responsibility between the lessee and the lessor at the level of the Supreme Court of the Russian Federation, in the next review of judicial practice.
Dissertations / Theses on the topic "Legal regime of foreign capital"
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Silveira, Thais Hae Ok Brandini Park. "O Plano Real e o balanço de pagamentos do Brasil." Universidade de São Paulo, 2015. http://www.teses.usp.br/teses/disponiveis/2/2133/tde-31072015-175436/.
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Este trabalho tem como objetivo analisar o Plano Real e o Balanço de Pagamentos do Brasil. O que se pretende verificar é se o Plano Real é consentâneo ao sistema de Direito Brasileiro. Para tanto, a análise foi dividida em três blocos. No primeiro, que compreende os Capítulos I e II, foram apresentadas noções indispensáveis para a compreensão do assunto: de preço, poder de compra da moeda e taxa de câmbio. Na oportunidade, também se esclareceu que o Plano Real tinha como principal objetivo combater a inflação no país causada, segundo seus idealizadores, pela indexação da economia e pelo déficit público. A partir deste diagnóstico, o Plano Real é elaborado com base em três principais medidas: ajuste fiscal, criação da Unidade Real de Valor (URV) e adoção de uma âncora cambial. O segundo bloco deste trabalho, integrado pelos Capítulos III a V, vai esmiuçar esta última medida e seus efeitos, bem como as alterações legislativas provocadas pelo Plano Real (principalmente Emendas Constitucionais nº 5 a 9, todas de 1995, e Lei nº 9.069/1995). Aqui também se demonstrará como o Plano Real consagrou a ideologia preconizada pelo Consenso de Washington. No último bloco, composto pelo Capítulo VI, são analisados os efeitos provocados no nível de endividamento público decorrentes das medidas adotadas pelo Plano Real e a alteração das regras jurídicas que tratam da dívida pública que vieram ao encontro dele (principalmente Lei Complementar n° 101/2000). Neste ponto, a partir de um estudo sobre os princípios jurídicos que regem a atividade da administração pública, concluímos que o sistema jurídico brasileiro oferece fundamento suficiente para superação das regras jurídicas (e ideologia) adotadas no país com o advento do Plano Real.The purpose of this thesis is to analyze the Real Plan, the Brazilian Balance of Payments and if the Real Plan is supported by the Brazilian law system. The analysis is divided into three blocks. First, in Chapters I and II, some indispensable concepts are presented: price, purchasing power of money and exchange rate. On the occasion, it was clarified that the Real Plan had as its main objective fight inflation in the country caused by, according to its creators, the indexation of the economy and the public deficit. Based on that diagnosis, the Real Plan counted on three measures: fiscal adjustment, creation of the Real Value Unit (URV) and adoption of a fixed exchange rate. The second block, through Chapters III to V, scrutinizes the latter measure and its effects, as well as legislative changes brought by the Real Plan (mainly Constitutional Amendments 5-9, all of 1995, and Law nº 9.069/1995). It also demonstrates that the Real Plan established the ideology advocated by the Washington Consensus. In the final section, composed of Chapter VI, the effects of Real Plan on public debt and the change of legal rules on that matter (mainly Law nº 101/2000) are analyzed. At this point, from a study of constitutional principles, we conclude that the Brazilian legal system provides sufficient basis to overcome the legal rules (and ideology) adopted in the country with the advent of the Real Plan.
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Perry, Amanda Joan. "Legal systems as a determinant of foreign direct investment : the case of Sri Lanka." Thesis, London School of Economics and Political Science (University of London), 2000. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.344077.
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Foreign direct investment (FDI) is widely considered to be an essential source of capital for developing countries. A broad consensus is developing amongst academics, multilateral development organisations and bilateral aid donors that a states' legal system is an important factor affecting the location of FDI; that predictable and efficient legal systems are the most effective in attracting FDI; and that efficiency and predictability are best achieved by adopting a Western- style legal system (Ideal Paradigm). A case study is presented of foreign investment in Sri Lanka, which is reforming its legal system to attract FDI. Interviews with the wider community, and a survey of foreign investors are used to test (1) whether the legal system is a factor in investment decisions in Sri Lanka, and (2) whether investors react negatively to a legal system which is not of the Ideal Paradigm. The research findings indicate that, in the case of Sri Lanka, the legal system is probably not a factor in the investment decisions of many investors in the sample, and many investors generally; that most investors do not react negatively to legal systems which are not- of the Ideal Paradigm;-and that the role-of the legal-system as -a-determinant of FDI may be affected by investors' characteristics, such as their size or nationality. It is concluded that current legal reform recommendations may be flawed, in that they reflect misconceptions about foreign investors' expectations of host state legal systems. These misunderstandings may result from a lack of research, and an excessive emphasis upon an international liberal economic agenda. A better understanding of the expectations of different types of investors is required if the costs of legal reform are to be rewarded with adequate benefits.
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Wang, Feng. "International law and the evolving legal regime of foreign direct investment, a developing country's perspective." Thesis, National Library of Canada = Bibliothèque nationale du Canada, 2000. http://www.collectionscanada.ca/obj/s4/f2/dsk2/ftp01/MQ53034.pdf.
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Bastos, Renato Soares. "A burguesia perdida: empresariado industrial e desenvolvimento econômico (1960-1974)." Universidade de São Paulo, 2010. http://www.teses.usp.br/teses/disponiveis/8/8137/tde-28012011-104549/.
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O presente estudo denomina-se A burguesia perdida: empresariado industrial e desenvolvimento econômico (1960-1974). A partir da década de 1950 o Brasil vive um processo de internacionalização da economia, em decorrência da reorganização das burguesias metropolitanas e do limite do modelo de indústria substitutiva de importações. No período posterior ao golpe de 1964 esta internacionalização será acentuada, configurando um novo modelo de desenvolvimento, dependente e associado. O objeto de pesquisa é o comportamento da burguesia brasileira e as mudanças na estrutura industrial frente aos avanços do capital estrangeiro e à dinâmica do novo modelo implantado pelo Estado na economia. A perspectiva adotada será a de observar as estratégias de sobrevivência das pequenas, médias e grandes indústrias perante as empresas estrangeiras e a crescente presença do Estado na economia.The present study is entitled The lost bourgeoisie: industrial enterprise and economical development (1960-1974). Starting 1950s, Brazil undergoes a process of internationalization of its economy, due to the reorganization of the metropolitan bourgeoisie and to the verge achieved by the importation substitutive industry model. In the period after the 1964s coup detat, such internationalization will be more emphasized, configuring a new model of development: dependent and associated. The research object of the present study is the Brazilian bourgeoisie behavior and the changes in the industrial structure towards the progress of foreign capital and the dynamics of the new model adopted by the State in the economy. The chosen perspective will observe the survival strategies of small, medium and major enterprises towards foreign companies and the growing presence of the State within economy.
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Soyeju, Olufemi Olugbemiga. "Public assets financing in Nigeria : the imperatives for legal reforms to unlock domestic financial resources and foreign capital for infrastructure development." Thesis, University of Pretoria, 2012. http://hdl.handle.net/2263/24525.
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Infrastructure is one of the main parameters of economic growth and a country‘s competitiveness depends on the provision and maintenance of efficient and productive infrastructure assets. However, Nigeria, like most countries in Sub-Saharan Africa has the lowest quantity and poorest quality of stocks of infrastructure assets in the world and this phenomenally poor infrastructure has remained an impediment to development in the country. Decades of sub-optimal investment, poor maintenance culture and the fact that the required infrastructure investments could not be accommodated within the available fiscal space as a result of budgetary constraints have all contributed to the Nigeria‘s infrastructure deficit. The immediate outcome of this however is that the available infrastructure assets across the Nigerian landscape are in decrepit state and absurdly inadequate. Besides, the present demand for basic infrastructure services has grown astronomically out-stripping the supply capacity of the existing ones. Closing the infrastructure financing gap will however require increased investment by private investors through creative financing in an enabling legal and financial environment. Outside the budgetary constraints, the absence of efficient maintenance and management of infrastructure assets and quality service delivery by the public sector are some of the reasons why procurement of public infrastructure stocks by government through the traditional approach is no longer plausible and hence, the general appeal of the public-private partnership framework. However, despite all the potentials, the public private partnership technique in Nigeria has not made an appreciable impact in closing the infrastructure gaps due to lack of access to long-term financing. It is against this back-drop that this study has sought to investigate how reforms of the legal and financial infrastructure could widen access to financing through innovative financial resource mobilization in scaling-up infrastructure development and service delivery to the teeming Nigeria population. Therefore, the central thesis of this study is that the inadequacy of appropriate laws and inefficient financial system are partly responsible for the huge financing gaps in the Nigeria‘s infrastructure market and with the legal and financial reforms, an enabling legal and financial environment that would open up space for resource mobilization through innovative financing techniques and sources will be created thereby widening access to long-term financing and increasing the appetite for private investment in the nation‘s public infrastructure assets and services. So, the overarching objective of this thesis is to explore how legal and financial system reforms can facilitate the development of financial models and instruments that can help mobilize financial resources to fund infrastructure and bridge the huge infrastructure financing gaps in Nigeria in a sustainable fashion. Given the infrastructure poverty that constrains economic growth and development in Nigeria, the outcomes of this proposed study would help inform the need for the legal and financial system reforms to unlock resources in addressing the problems of financing gaps in infrastructure projects development in Nigeria. Besides, such outcomes based on the Nigerian experience in infrastructure financing and development may be turned into valuable knowledge for policy –making and further research in Nigeria. CopyrightThesis (LLD)--University of Pretoria, 2012.
Centre for Human Rights
unrestricted
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Nyaki, Judith V. "A critical analysis of Tanzanian corporate governance regulation and its impact on foreign investment." Thesis, University of Western Cape, 2013. http://hdl.handle.net/11394/3326.
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Magister Legum - LLMThe main objective of this study is to review the legal and regulatory framework of corporate governance in Tanzania with the focus on corporate governance laws and regulations. The study is intended to discuss the main legal and regulatory framework in Tanzania which plays a part in the corporate governance. The Companies Act No. 12 of 2002 will be reviewed in order to establish which corporate governance principles are provided and to what extent they are effective. The capital markets and securities laws, guidelines on corporate governance in Tanzania with a focus on the listing requirements and other regulations applied at the DSE will also be reviewed in order to establish their effectiveness in attracting investors to the market. Given the comparative value of South Africa and Kenya in SADC and EAC respectively, this work will also discuss the legal and regulatory framework of corporate governance in Kenya and South Africa and compare with those in Tanzania in areas such as shareholders rights; stakeholder’s right; board control and effectiveness and the effectiveness of compliance. Such comparative analysis is done in order to single out areas of focus in legal and regulatory framework in corporate governance law such as companies’ law and stock market and security laws in Tanzania.
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Bredow, Sabrina Monique Schenato. "O ciclo de alta recente dos preços das commodities e o efeito na entrada de capitais externos no brasil." Universidade do Vale do Rio dos Sinos, 2016. http://www.repositorio.jesuita.org.br/handle/UNISINOS/5196.
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Este trabalho analisa a influência do recente ciclo de alta dos preços das commodities sobre a entrada de capital externo no Brasil. Para o alcance desse objetivo, foram utilizadas duas metodologias econométricas diferentes: Modelos de Mudanças de Regimes Markovianos e Modelo Vetorial de Correção de Erros (VAR/VEC). O primeiro modelo foi utilizado para delimitar o ciclo de alta dos preços das commodities e para verificar se este período é concomitante ao período de elevação da entrada de capital externo no Brasil. Os resultados apontam que o recente período de alta dos preços das commodities ocorre entre os anos de 2002 e 2014, que é o último ano da amostra utilizada nesta pesquisa. Ademais, os regimes de alta estimados para as exportações, Investimento Estrangeiro Direto (IED) e Investimento Estrangeiro em Carteira (IEC), que são os três principais agregados do Balanço de Pagamentos que representam o ingresso de capitais externos no país, ocorrem em períodos similares ao observado para a série dos preços das commodities. A partir destes resultados, a influência da alta dos preços das commodities sobre a entrada de capital externo no Brasil foi analisada através do emprego da metodologia VAR/VEC, para o período entre o ano de 2002 e 2014, a partir da estimação de três modelos diferentes, um para cada agregado do Balanço de Pagamentos brasileiro. Os resultados apontam que o ciclo de alta dos preços das commodities influenciou significativamente a entrada de dividas externas no Brasil, sendo que os efeitos mais expressivos ocorrem via comércio e entrada de capitais de curto prazo.
This study analyzes the influence of the recent cycle of high commodity prices on foreign capital inflows in Brazil. To achieve this goal, it was used two different econometric methodologies: Markov-Switching Model and Vector Error Correction Model (VAR/VEC). The first model was used to define the cycle of high commodity prices and to check if this period is concomitant to the raise period of foreign capital inflows in Brazil. The results show that the recent period of high commodity prices occurs between the years 2002 and 2014, which is the last year of the sample used in this research. Moreover, the estimated high regime for exports, Foreign Direct Investment and Foreign Portfolio Investment, which are the three main aggregates of the Balance of Payments representing the inflow of foreign capital in the country occur in similar periods to that observed for the series of commodity prices. From these results, the influence of higher commodity prices on foreign capital inflows in Brazil was analyzed through the use of VAR/VEC methodology for the period between 2002 and 2014, from the estimation of three different models, one for each aggregate of the Balance of Payments. The results show that the cycle of high commodity prices significantly influenced the foreign capital inflows in Brazil, with the most significant effects occur via trade and short-term capital inflows.
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Wendleby, Fredrika. "Towards a Stricter Comparability Test : An EU Law Analysis of the Swedish Dividend Withholding Tax Regime in Relation to Non-EU Investment Funds." Thesis, Uppsala universitet, Juridiska institutionen, 2019. http://urn.kb.se/resolve?urn=urn:nbn:se:uu:diva-384324.
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The aim of this paper is to investigate if it is compatible with the free movement of capital (Article 63 TFEU) to levy a withholding tax on Swedish-sourced dividends paid to non-EU investment funds with legal personality (in the paper referred to as investment companies). This question is of relevance since several Swedish intermediaries do not pay any income tax on dividends, either due to a formal tax exemption or to de facto practice. As such, it is clear from CJEU case law that non-EU investment companies should also be exempt from withholding tax on dividends, provided that they are in an objectively comparable situation with any of these Swedish entities and that no justification ground is applicable. The conclusion of the thesis is that there are indications of that the current Swedish lower court practice, which is to deny comparability between non-EU investment companies and Swedish tax-exempt investment funds with reference to that the foreign entities have a different legal form, is contrary to EU law. Alternatively, it is possible to find discriminatory treatment when comparing the dividend tax treatment of a non-EU investment company with the dividend tax treatment of a Swedish fiscal investment enterprise (investmentföretag). For this reason, it is welcome that leave to appeal was recently granted by the Supreme Administrative Court of Sweden in one of the lower court cases dealing with this issue.
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Costa, Luciana Pereira. "Disciplina jurídica do câmbio e política pública." Universidade de São Paulo, 2009. http://www.teses.usp.br/teses/disponiveis/2/2133/tde-18112009-155041/.
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A presente dissertação tem por objetivo discorrer sobre a disciplina jurídica do câmbio no direito brasileiro e a sua relação com a política pública. A taxa de câmbio, ao expressar a relação de troca entre a moeda nacional e a moeda estrangeira, está sujeita à influência de diversos fatores que extrapolam os poderes de compra das respectivas moedas e que não refletem a noção de equivalência presente na determinação do preço nas compras e vendas, como a relação internacional de troca e atos de política econômica dos Estados envolvidos. O Estado, ao exercer a política cambial, dever agir conforme os princípios e fundamentos previstos na Constituição Federal. Sua atuação deve ser direcionada à implementação dos objetivos eleitos pela sociedade como prioritários, os quais estão fixados na Carta Magna. Esses objetivos encontram possibilidade de concretude nas políticas públicas.This paper aims at discussing the legal framework of foreign exchange transactions in the Brazilian legal system and its relation with public policy. The exchange rate expresses the relation between the exchange of local currency and foreign currency. The rate is subject to the influence of several different factors other than the purchasing power of the relevant currencies (i.e. the terms of foreign international relations and economic policy acts of the respective countries), and does not reflect the notion of equivalence that is present in the determination of price in buy and sell transactions. When exercising the exchange rate policy, the Brazilian government shall act in accordance with the principles and fundamental roles provided for in the Federal Constitution, and shall endeavor the realization of the objectives determined as priority therein. Public policies are an important tool in the realization of those objectives.
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Azevedo, Luís André Negrelli de Moura. "Concentração e dispersão do poder político nas organizações coletivas finalísticas. Regime jurídico da companhia aberta integrante do novo mercado da bolsa de valores: o papel decisivo desempenhado pelos instrumentos jurídicos de dissociação entre representatividade política e participação economica de acionistas no âmbito da companhia." Universidade de São Paulo, 2015. http://www.teses.usp.br/teses/disponiveis/2/2132/tde-17122015-104939/.
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Ao redor do mundo, a maioria das companhias listadas de grande porte tem acionista controlador, à exceção dos EUA e do RU, em que o comando da atividade empresarial é exercido, de fato, pelos administradores. A conformação de controle dominante em cada país resulta de uma série de fatores, muitos deles de ordem jurídica, os quais levam ao surgimento e permanência de uma dessas variantes, ao mesmo tempo em que parecem inibir o desenvolvimento da estrutura alternativa. A gradativa convergência global dos padrões de propriedade acionária a um denominador comum, aparentemente em curso - dos extremos da dispersão e concentração absolutas para o cenário intermediário dos blocos de participação minoritária relevante detidos por investidores institucionais não tem sido acompanhada de transformações significativas nas estruturas de poder de controle interno dominantes em cada país, as quais, em essência, continuam as mesmas. Isso significa que os fatores (jurídicos, especialmente) que levam à predominância de tais estruturas continuam em atuação, não obstante modificações havidas no grau de dispersão do capital com direito a voto de companhias listadas. Este trabalho visa apresentar um conjunto mais específico de fatores jurídicos que, ao mesmo tempo e de modo decisivo, favorecem a proliferação de uma dentre as duas estruturas de controle consideradas (controle acionário ou gerencial) e inibem o desenvolvimento de outra. Trata-se dos instrumentos jurídicos de dissociação entre representatividade política e participação econômica de acionistas, os quais exercem papel central na conformação do regime jurídico das companhias abertas com elevada dispersão do capital votante, integrantes do Novo Mercado da BVSP.Most of the large listed companies outside USA and UK have a controlling shareholder. The dominant control structure in each country is the result of multiple determinants, many of them arising from the legal system. The gradual convergence of ownership patterns around the world from the extremes of the total concentration and separation of ownership and control to the intermediate scenario of significant blockholdings held by institutional investors - has not been accompanied by a relevant shift in the control structures in listed companies of most of the countries, specially those in the Brazilian Novo Mercado. This Doctorate Thesis presents a specific subset of legal factors contributing for that outcome: the legal instruments separating voting rights from cashflow rights.
Books on the topic "Legal regime of foreign capital"
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Wang, Hsu-chi. The legal regime of regional economic organizations. Taipei: Angle Publishing, 2007.
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Fath el Rahman Abdalla El Sheikh. The legal regime of foreign private investment in Sudan and Saudi Arabia. 2nd ed. Cambridge, UK: Cambridge University Press, 2003.
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Husain, Aasim M. Exchange rate regime durability and performance in developing versus advanced economies. Cambridge, Mass: National Bureau of Economic Research, 2004.
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Carter, Barry E. International economic sanctions: Improving the haphazard U.S. legal regime. Cambridge [Cambridgeshire]: Cambridge University Press, 1988.
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Pradhan, Prachanda. Eroding social capital through incompatible legal and institutional regime: Experiences from irrigation systems in Nepal. Kathmandu: Farmer Managed Irrigation Systems Promotion Trust, 2010.
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Farmer Managed Irrigation Systems Promotion Trust (Kathmandu, Nepal), ed. Eroding social capital through incompatible legal and institutional regime: Experiences from irrigation systems in Nepal. Kathmandu: Farmer Managed Irrigation Systems Promotion Trust, 2010.
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Allayannis, George. Legal effectiveness and external capital: The role of foreign debt. [Washington, D.C: World Bank, 2005.
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Zhongguo zi ben zhang hu zi you hua yu hui lü zhi du xuan ze: China's capital account liberalization and choice of exchange rate regime. Beijing: Zhongguo jing ji chu ban she, 2006.
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Forlorn migrants: An international legal regime for undocumented migrant workers. Dhaka: University Press, 2000.
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Iwata, Shigeru. Pick your poison: The exchange rate regime and capital account volatility in emerging markets. [Washington, D.C.]: International Monetary Fund, IMF Institute, 2003.
Find full textBook chapters on the topic "Legal regime of foreign capital"
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Akbari, Suhailah. "Current State of the Afghan Foreign Trade Legal Regime." In European Yearbook of International Economic Law, 27–67. Cham: Springer International Publishing, 2021. http://dx.doi.org/10.1007/978-3-030-73464-0_3.
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Atwell, Mary Welek. "The Legal Framework: Capital Punishment Law and the Rights of Foreign Nationals." In An American Dilemma, 23–39. New York: Palgrave Macmillan US, 2015. http://dx.doi.org/10.1057/9781137270375_3.
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Brubaker, R. Douglas. "The Legal Regime of the Northern Sea Route — a U.S./Russian Dispute with a Potential to Stop Foreign Ships?" In The 21st Century — Turning Point for the Northern Sea Route?, 209–12. Dordrecht: Springer Netherlands, 2000. http://dx.doi.org/10.1007/978-94-017-3228-4_35.
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Glassman, Jim. "Internationalization of the State under US Hegemony: Building the Cold War Regime and Capturing Peasants, 1945–1975." In Thailand at the Margins. Oxford University Press, 2004. http://dx.doi.org/10.1093/oso/9780199267637.003.0010.
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A strong argument can be made that the Thai state has been highly internationalized for a very long time. This is in part a function of the breadth and depth of regional trade and migration networks in the pre-European colonial period, many of which integrally involved Thai dynasties (Reid 1988; 1993). David Wyatt argues that the Ayutthaya-based monarchies had a distinctly cosmopolitan flavour, incorporating substantial numbers of governmental representatives from a variety of Asian trading partners, and representation of foreign interests within the royal court continued into the Bangkok period as well (Wyatt 1984). Hans-Dieter Evers has gone so far as to declare the Bangkok-based Siamese dynasty founded in the late eighteenth century to be a fundamentally trade-based regime (Evers 1987). The importance of trade, in turn, strengthened the importance of foreign merchants and advisers within the royal court. The incursions of the British and other European powers into nineteenth-century Southeast Asia contributed to further internationalization of the Thai state, particularly after the signing of the Bowring Treaty in 1855. The reforms of the Thai state launched in this context led to not only a dramatic overhaul of the existing bureaucracy but to the employment of enormous numbers of European advisers. William Siffin, for example, notes that during Rama V’s reign (1868–1910) there were a total of 549 foreign officials who served in the Thai government, most of these serving after 1880. In 1909 alone, there were some 319 foreigners serving in the Thai government, including 6 general advisers, the general financial agent of the government, 21 legal advisers and assistants, 13 director-generals of departments or equivalent, 23 assistant director-generals, and 69 persons engaged in administrative work just below the level of the departmental management (Siffin 1966: 96–7). The role of these advisers in influencing Thai state policies and in representing the interests of metropolitan capital within Thailand has been extensively discussed elsewhere and need not be addressed here. Suffice it to say that their presence manifests the internationalization of capital, while their successful accommodation by Thai elites—who were able to collaborate with them in projects of mutual benefit—speaks to the ways in which the state became internationalized around shared transnational interests (Suehiro 1989; Chaiyan 1994; Thongchai 1994).
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Zendejas, Juan Flores, and Felipe Ford Cole. "Sovereignty and Debt in Nineteenth-Century Latin America." In Sovereign Debt Diplomacies, 49–72. Oxford University Press, 2021. http://dx.doi.org/10.1093/oso/9780198866350.003.0003.
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After their independence from Spain and Portugal, Latin American governments became frequent borrowers in international capital markets. However, the region’s political and economic instability also led to recurrent episodes of sovereign defaults. During the particular historical context of the nineteenth century, remedies to debt defaults were not limited to bilateral negotiations between creditors and governments. They also encompassed military interventions or control commissions formed by foreign governments, bondholders, or merchant bankers. In North Africa and the Middle East, debt defaults could even trigger military interventions from creditor states ending in the establishment of colonial regimes. This paper shows that such interventions were rare in Latin America, as creditors only enlisted their governments’ military intervention in the most extreme cases. In most cases, external control was exerted privately by bondholders and merchant banks through the imposition of economic policies promoting trade openness and fiscal management. Additionally, bondholders turned to legal methods of contractual enforcement to obtain debt settlements that limited the sovereignty of debtor states over their land, infrastructure, and resources. By the end of the century, Latin American jurists began to respond to the increasing use of legal techniques to settle sovereign debts by developing counter-legal discourses aimed at limiting foreign intrusion in sovereign affairs.
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Bauder, Harald. "Conclusion: Labor, Migration, and Action." In Labor Movement. Oxford University Press, 2006. http://dx.doi.org/10.1093/oso/9780195180879.003.0021.
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Social, cultural, and legal practices associated with international migration are integral elements of a wider neoliberal regime of accumulation. Neoliberalism, however, is not a monolithic configuration. It evolved through a history and geography of experimentation (Peck 2004) and exists in a variety of forms. Likewise, the manner in which international migration regulates labor markets does not follow a prewritten, universal script but evolves in a place- and contextspecific manner. Formal citizenship, for example, is a powerful category to control migrant labor in many countries. In Canada, however, foreign immigrants and citizens have similar labor market rights, and in Germany long-term foreign residents acquire postnational rights, which put newcomers on more or less equal legal footing with nonmigrants. When citizenship fails to distinguish between migrant and nonmigrant workers, then other mechanisms of distinction, including various forms of cultural and social capital, assume more prominent roles. The case studies presented in this book show how these legal, social, and cultural processes of distinguishing and controlling international migrants regulate labor markets. Cultural representation is a critical process in maintaining, enforcing, and advancing this aspect of the neoliberal project. A particularly powerful discursive strategy is the representation of migrant labor as essential for production and economic well-being and, at the same time, the vilification of migrant workers as outsiders, parasites, and threats to local and national communities. Although I limited my empirical investigation to a few case studies, similar representations of migrant workers likely exist in Australia, throughout Europe, in the United States, and in other migrant-receiving industrialized countries. In recent years, cultural representations of migrants have been tied to the so-called war on terrorism, which constructs international migrants as a particularly deadly population. Exploiting the fears of terror, restrictive and oppressive policies and practices toward international migrants have gone far beyond genuine efforts to filter out traveling suicide assassins (Wright 2003). The strategic incorporation of new narratives into discourses of migration and the appropriation of relatively unrelated but highly visible events such as the destruction of the World Trade Center in New York illustrate the systematic, if not deliberate, nature of representation.
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"Legal incentives." In The Legal Regime of Foreign Private Investment in Sudan and Saudi Arabia, 85–113. Cambridge University Press, 2003. http://dx.doi.org/10.1017/cbo9780511494727.008.
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"Impediments to foreign investment." In The Legal Regime of Foreign Private Investment in Sudan and Saudi Arabia, 55–82. Cambridge University Press, 2003. http://dx.doi.org/10.1017/cbo9780511494727.007.
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Cobau, John. "Legal Developments in U.S. National Security Reviews of Foreign Direct Investment (2006–2008)." In The Evolving International Investment Regime, 104–19. Oxford University Press, 2011. http://dx.doi.org/10.1093/acprof:oso/9780199793624.003.0009.
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"Foreign investment in politico-economic perspective." In The Legal Regime of Foreign Private Investment in Sudan and Saudi Arabia, 3–25. Cambridge University Press, 2003. http://dx.doi.org/10.1017/cbo9780511494727.005.
Full textConference papers on the topic "Legal regime of foreign capital"
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Galetin, Milena, and Viktória Csizmadiáné Czuppon. "IMPACT OF FOREIGN INVESTMENTS IN VESZPRÉM COUNTY AND THE BALATON REGION: A DIFFERENT APPROACH." In XVII majsko savetovanje. Pravni fakultet Univerziteta u Kragujvcu, 2021. http://dx.doi.org/10.46793/uvp21.171g.
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The importance of foreign investment for both foreign investors and host states (i.e. the economic development of the country receiving capital) is without question. Among the motives for cross-border movement of capital are profit making, entering new markets and cheaper production1. In that sense foreign investments are suitable tools which allow companies to expand their cross-border operations and possibility to become key economic players, locally and globally. The authors deal with the impact of foreign investment on local companies/local producers in Veszprém County and the Balaton Region. The research aims to explore their attitude - advantages and obstacles they encounter due to the existence of foreign companies. There was a requirement to analyze investment disputes in which Hungary is a party, scrutinizing socio-legal aspects of foreign investment. This research consists of four parts. After the introduction, the results of the survey are shown in the second part and investment disputes in the third part. Although the survey was done just before the COVID 19 outbreak, in some parts of the paper it was necessary to address certain issues in this context. The combination of theoretical analysis and empirical research that is characteristic of social sciences is used. Finally, in the last part, concluding remarks along with recommendations are presented.
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Hamah Saeed, Tahseen. "The normative role of the economic legal rule and the results of its application to the investment law in the Kurdistan region." In INTERNATIONAL CONFERENCE OF DEFICIENCIES AND INFLATION ASPECTS IN LEGISLATION. University of Human Development, 2021. http://dx.doi.org/10.21928/uhdicdial.pp104-122.
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The reciprocal treatment between law and economics has become a fact in the real world. And that the influence and influence between them reached the point of putting the independence of each under question. The central role that the economy plays in the modern era, especially after the emergence of the phenomenon of globalization and the spread of transnational companies and the dominance of the liberal and capitalist intellectual current, caused the emergence of a special type of law and legal rules called economic legal rules that have characteristics that distinguish them from other legal rules. This is due to the special nature of the economy of change. Fast and complex. And it came to the point that some scholars claimed that the economy has become in the center and that the law lacks its independence and has no function but to regulate the affairs of the economy so that the latter performs its original and important function in modern societies. Although the opinion regarding the relativity of this independence differs among the jurists of the Latin school from the Anglo-Saxon school. The jurists of the Latin school in general recognize more independence of the law, while the Anglo-Saxon jurists go to the more influence of the economy on the law than the effect of the law on the economy. Especially in developing countries in need of development and development. That is why the researcher tries to apply the result of the structural role of the economic legal base on one of the economic laws in the afflicted Kurdistan region, which needs the most what it needs is change and development in both areas of law and economy. Especially with regard to investing and working with internal capital and attracting foreign investors, in order to remove some injustice from the oppressed people at a time when the reality was finally fair and gave them the opportunity to have their legitimate authority and enjoy the opportunity to rise and move to reach the level of progress of the world in the modern era and keep pace with what its brothers have reached in humanity from other peoples.
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Kukharenko, Vladislav, and Roman Fedorov. "LEGAL REGULATION OF THE MONOPOLY OF FOREIGN TRADE IN THE FIRST YEARS OF SOVIET regime." In Current problems of jurisprudence. ru: Publishing Center RIOR, 2021. http://dx.doi.org/10.29039/02058-6/212-217.
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The historical aspect of the monopoly of foreign trade allows us to see the development of legislation on monopoly, since the beginning of the XX century. The article, through a detailed analysis of the draft laws of that time, defines the essence of monopolies as a legal institution. These aspects lead to the need to study the legislation on the monopoly of foreign trade, in order to make amendments and improve the current legislation.
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Li, Huimin. "Africa Petroleum Fiscal Evolvement and Impacts on Foreign Investment: Illustrations from Nigeria." In SPE/AAPG Africa Energy and Technology Conference. SPE, 2016. http://dx.doi.org/10.2118/afrc-2567973-ms.
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ABSTRACT With plenty of latest discoveries witnessed from East Africa, the petroleum atlas reshaping is expected where some new faces (e.g. Mozambique, Kenya, Tanzania, etc.) may play emergent roles besides traditional oil countries in Africa. Due to general lack of infrastructure construction and capital investment, it still need some time for large-scale commercial production and the involvement of international oil companies is indispensable in the process. Dramatic price drop has tremendously stricken both governments and international oil companies (IOC) in oil-producing countries since 2014. The effectiveness in which governments and IOCs adjust to this reality will determine the extent and the pace of future development of these countries’ oil sectors. Most IOCs were struggling to cut capital expenditure and control operating cost to survive, and how to maintain and attract investment is regarded as huge challenges by many governments in the downward scenario. Apart from resource factors, petroleum fiscal terms are one of the key factors in the investment decision for IOCs. The attractiveness of fiscal contracts has a fundamental effect on profitability of petroleum projects, and thus an important indicator for evaluating investment feasibility in the country. The paper gives an overview on fiscal transformation in most Africa oil countries, some of them were trying to increase government share in oil profits to support social expenditures, and others have provided fiscal incentives to absorb further investment in the oil sector. It shows that fiscal policies in the countries where national economy relies more on oil revenues are less stable during the past decade. Some upstream projects in Nigeria are illustrated to show the impacts of different contract terms on economic benefits. Thus with new government's coming into power, most IOCs are holding back further investment and expecting negotiation with the authorities for confirmation on fiscal terms applied in their assets to avoid potential contractual risks, like PIB, Side letter, etc. The implications regarding petroleum regime are summarized based on the experience from Nigeria for emerging countries in East Africa, relatively stable fiscal policy with some incentives to encourage exploration activities would be helpful to petroleum industry. Lastly, investment suggestions are presented with priorities to promote business development in the area.
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Eliášová, Silvia. "Jurisdiction and Enforcement after Brexit under Withdrawal Agreement." In COFOLA INTERNATIONAL 2020. Brexit and its Consequences. Brno: Masaryk University Press, 2020. http://dx.doi.org/10.5817/cz.muni.p210-9801-2020-1.
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This paper focuses on the issue of international jurisdiction and enforcement of foreign judgements after Brexit basically until the end of transition period (to 31 December 2020) according to the Withdrawal Agreement, with possible next legal regime. The withdrawal of United Kingdom from the European Union is undoubtedly a significant interference with existing European law. What dimension it takes depends, in particular, on the question of whether or not to complete a comprehensive agreement between the EU and the UK that would establish and direct the future partnership and cooperation in all relevant areas. With the aim of contributing to the discussion concerning EU and UK fundamental rules on jurisdiction and enforcement, this paper provides a view of possible questions and solutions immediately after Brexit until end of transition period. The legal regime of judicial proceedings with an international element initiated before Brexit or during transition period is still relevant under these pre-Brexit rules or Withdrawal Agreement rules. The same situation is with regard to judgements delivered before 31 December 2021. This contribution shall review the state of play immediately after Brexit under Withdrawal Agreement concerning “separation” of EU fundamental rules on jurisdiction and enforcement.
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SIMONE, Pierluigi. "THE RECASTING OF THE OTTOMAN PUBLIC DEBT AND THE ABOLITION OF THE CAPITULATIONS REGIME IN THE INTERNATIONAL LEGAL ACTION OF TURKEY LED BY MUSTAFA KEMAL ATATÜRK." In 9. Uluslararası Atatürk Kongresi. Ankara: Atatürk Araştırma Merkezi Yayınları, 2021. http://dx.doi.org/10.51824/978-975-17-4794-5.64.
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The recast of the international debt contracted by the former Ottoman Empire and the overcoming of the capitulations regime that had afflicted Turkey for centuries, are two of the most relevant sectors in which the political and diplomatic action promoted by Mustafa Kemal Atatürk has been expressed. Extremely relevant in this regard are the different disciplines established, respectively, by the Treaty of Sèvres in 1920 and then by the Treaty of Lausanne in 1923. After the Ottoman Government defaulted in 1875, an agreement (the Decree of Muharrem) was concluded in 1881 between the Ottoman Government and representatives of its foreign and domestic creditors for the resumption of payments on Ottoman bonds, and a European control of a part of the Imperial revenues was instituted through the Administration of the Ottoman Public Debt. At the same time, the Ottoman Empire was burdened by capitulations, conferring rights and privileges in favour of their subjects resident or trading in the Ottoman lands, following the policy towards European States of the Byzantine Empire. According to these capitulations, traders entering the Ottoman Empire were exempt from local prosecution, local taxation, local conscription, and the searching of their domicile. The capitulations were initially made during the Ottoman Empire’s military dominance, to entice and encourage commercial exchanges with Western merchants. However, after dominance shifted to Europe, significant economic and political advantages were granted to the European Powers by the Ottoman Empire. Both regimes, substantially maintained by the Treaty of Sèvres, were considered unacceptable by the Nationalist Movement led by Mustafa Kemal and therefore became the subject of negotiations during the Conference of Lausanne. The definitive overcoming of both of them, therefore represents one of the most evident examples of the reacquisition of the full sovereignty of the Republic of Turkey.
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Adaji, J. J., R. U. Onolemhemhen, S. O. Isehunwa, and A. Adenikinju. "Forecasting the Domestic Utilization of Natural Gas in Nigeria (2015-2020)." In SPE/AAPG Africa Energy and Technology Conference. SPE, 2016. http://dx.doi.org/10.2118/afrc-2560895-ms.
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ABSTRACT Domestic utilization of natural gas in Nigeria is being hampered by the poor developments in the natural gas sector over the years, with low level of electricity (generation) consumption per capital, weak legal, commercial and regulatory framework amidst poor infrastructural developments in natural gas as compared to that which exists for oil. Nigeria ranks the second in gas flaring and shows low volumes of domestic gas utilization, consuming only about 11% out of the 8.25 billion cubic feet produced per day in 2014 despite its natural gas resource endowment. This paper examines the determinants of domestic utilization of natural gas in Nigeria from 1990-2013. It investigates its relationship as a function of price of natural gas, price of alternative fuels, foreign direct investment, volumes of gas flared, electricity generated from natural gas sources and per capital real GDP. Going further, it forecasts its likely growth rate for a short-term period, using an econometric methodology of ordinary least squares and an ARIMA model, it estimates the relationship between the variables and uses the historical trend to forecast into the future. The result of the study showed that the determinants jointly explain the pattern of domestic gas utilization in Nigeria by 98%. Individually, per capital real GDP, electricity generated from natural gas sources and changes in the volume of domestic utilization of natural gas was found to have a positive and significant effect on domestic gas utilization. Further, the forecast values show evidence of a slow but gradual increase in utilization pattern in the near future from 2015-2020. A best-case scenario of an increase of 0.15% and a worst-case scenario of a decrease of 0.14% was presented. In conclusion, having identified significant influences on domestic gas utilization patterns in Nigeria it is imperative that the government uses economic instrument to enhance the utilization patterns in Nigeria by improving economic activities and developing the power sector which shows significant influence in domestic natural gas utilization patterns.
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Saeed, Kurdistan. "The impact of Political Parties Law no. 36 of 2015 on requlatinq political parties pluralism in Iraq." In REFORM AND POLITICAL CHANGE. University of Human Development, 2021. http://dx.doi.org/10.21928/uhdiconfrpc.pp48-60.
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This study deals with the political parties’ pluralism in Iraq under the Parties Law No. 36 of 2015. The importance of the study lies in the fact that it looks at a topic that is at the heart of democracy and it is necessary for the success of any democratic processes. The study focuses on parties’ pluralism in Iraq since the establishment of the Iraqi state in 1921 until the end of the Baath Party regime in 2003, it also covers the period after 2003 and pays particular attention to the Parties Law No. 36 of 2015. It focuses on the legal framework of political parties after the adoption of the Political Parties Law and studies the impact of this law on parties’ pluralism in Iraq after its approval in 2015. The study concludes that Law No. 36 of 2015 is incapable of regulating parties’ pluralism for reasons including: the lack of commitment by the political parties to the provisions of the law, the inability of the Parties Affairs Department to take measures against parties that violate the law the absence of a strong political opposition that enhances the role of political parties, the association of most Iraqi parties with foreign agendas belonging to neighboring countries, and the fact that the majority of Iraqi parties express ethnic or sectarian orientations at the expense of national identity.
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Artekin, Ayşe Özge, and Haldun Soydal. "Asset Management Companies and the Place in the Turkish Economy." In International Conference on Eurasian Economies. Eurasian Economists Association, 2019. http://dx.doi.org/10.36880/c11.02304.
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With the crisis that started in our country in 2000s, those who owe the bank could not complete their payment obligations, the collection process was damaged and thus the number of problematic loans increased. However, as a result of structural deterioration, bank mergers were experienced, banks' capital was strengthened and many of them were seized by TMSF. This situation has created a distrust of the banking system. In order to change the negative perception, problematic loans which prevent the flow of funds should be solved. At this stage, Asset Management Company has become a need and started to operate in the financial markets of our country. The Asset Management Companies were established in the 1930s to solve the financial problems arising from the global economic crisis. Nowadays, these companies are formed according to the needs and shortcomings and become legal institutions which are effective in eliminating the negative effects of problem loans on banks.
In this study; the effects of problem loans, solutions, the process of emergence of companies in the world and in our country, its importance, aims, types, positive and negative aspects of banks and credit customers are examined. As a method of the study, domestic and foreign literature has been utilized and as a result of the study, it has been concluded that this problem has a positive effect on credit customers and banking system upon the transfer of problem loans to asset management companies.
Reports on the topic "Legal regime of foreign capital"
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Shpinev, Iurii Sergeevich. Questions of capital in the work of D. Ricardo «The Beginnings of Political Economy and taxation». DOI CODE, 2021. http://dx.doi.org/10.18411/1311-1972-2020-00025.
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D. Ricardo is one of the founders of classical economy. The most significant discoveries of the outstanding scientist in the field of capital can be called the definition of capital and free capital, the creation of a theory of comparative advantages of trade, the division of capital into fixed and circulating capital depending on strength, as well as the description of the reasons that stimulate and hinder foreign investment. Given that capital is primarily an economic category, it seems quite reasonable to consider the emergence and development of these concepts in the retrospect of economic theories, in order to understand the essence of the phenomenon and finally solve the issue of its legal regulation.
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Шпинев, Ю. С. Давид Рикардо об инвестициях. DOI CODE, 2020. http://dx.doi.org/10.18411/1311-1972-2020-00024.
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The article examines the views of one of the founders of classical economics, David Ricardo, on the issues of investment, capital and profit. The need for this study is caused by the lack of a single definition of investment in the regulatory acts of investment legislation, as well as in the scientific community. Thus, there is a problem of regulatory regulation of one of the most important concepts of the economy. Given that the concepts of investment, capital, and capital investment are primarily economic categories, it seems quite reasonable to consider the emergence and development of these concepts in the retrospect of economic theories, in order to understand the essence of the phenomenon and finally solve the issue of its legal regulation. The scientific novelty of the study is that despite a large number of works on the work of David Ricardo «The Beginnings of Political Economy and Taxation», no special work was carried out on the contribution of the great economist to the theory of investment. Conclusions. The main achievements of Ricardo in the field of capital and investment include the author's definitions of capital, free capital, the creation of a theory of comparative advantages of trade, the division of capital into fixed and circulating capital depending on strength, as well as the description of the reasons that stimulate and hinder foreign investment.