Books: 'Legal regime of foreign capital'

1

Wang, Hsu-chi. The legal regime of regional economic organizations. Taipei: Angle Publishing, 2007.

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2

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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3

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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4

Carter, Barry E. International economic sanctions: Improving the haphazard U.S. legal regime. Cambridge [Cambridgeshire]: Cambridge University Press, 1988.

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5

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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7

Allayannis, George. Legal effectiveness and external capital: The role of foreign debt. [Washington, D.C: World Bank, 2005.

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8

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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9

Forlorn migrants: An international legal regime for undocumented migrant workers. Dhaka: University Press, 2000.

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10

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.

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11

Razin, Assaf. Growth effects of the exchange-rate regime and the capital-account openness in a crisis-prone world market: A nuanced view. Cambridge, MA: National Bureau of Economic Research, 2004.

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12

Viscomi, Antonio. Immigrati extracomunitari e lavoro subordinato: Tutele costituzionali, garanzie legali e regime contrattuale. Napoli: Edizioni scientifiche italiane, 1991.

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13

Turkey. Peeple die there, and they live to tell the story Turkey: Encouragement of foreign capital ... Ankara: İGEME, 1985.

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14

Sobrino, Federico F. Garau. Régimen legal de las inversiones comunitarias en España y de las españolas en países comunitarios: Análisis de la normativa comunitaria y española. Madrid: Tecnos, 1990.

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15

Si mu rong zi jing dian an li fa lü ping xi: Legal analysis of private equity cases. Beijing Shi: Fa lü chu ban she, 2009.

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16

Galinovskaya, Elena, Elena Boltanova, Gennadiy Volkov, Galina Vyphanova, I. Ignat'eva, N. Kichigin, E. Kovaleva, et al. Zones with special conditions of use of territories (problems of the establishment and implementation of the legal regime). ru: INFRA-M Academic Publishing LLC., 2020. http://dx.doi.org/10.12737/1080400.

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The peculiarities of the modern spatial development necessitated the development of organizational, managerial and legal measures to reduce the risks of neighbourhood objects that have a negative impact on humans and the environment, as well as to strengthen the protection of especially dangerous or sensitive objects. Introduction to the Land code of the Russian Federation the concept of "zones with special conditions of use of territories" is one of the promising solutions to the above tasks and is aimed at ensuring sanitary and epidemiological welfare of the population, industrial safety, safety in operating all types of transport, defence and state security, environmental protection etc. The Handbook describes the concept and the legal nature of the zones with special conditions of use of territories as a new category, which should become a full part of fur- the mechanism of the land law regulation. Describes the evolution of national legislation on conservation and protection zones, the analysis of the regulation of similar zones in foreign legislation. Special attention is paid to General issues of the legal regime of these zones, the specifics of their establishment and accounting. Researched legal requirements for the adherence of all types of zones with special conditions of use. For practitioners and specialists in the field of state and municipal administration, scientific workers and lecturers of higher and secondary professional educational institutions, students, graduates, and also for a wide range of readers.

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17

Kachalova, Anna, and Tat'yana Soyfer. Problems of participation of legal entities in civil turnover. ru: INFRA-M Academic Publishing LLC., 2021. http://dx.doi.org/10.12737/1234412.

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The textbook contains general provisions on legal entities, including the nature of legal entities, their creation and termination, classifications, and features of the status of corporate and unitary legal entities in general and their individual organizational and legal forms in particular. Special issues related to the legal regime of the authorized capital of a legal entity, corporate governance and control, transactions requiring special approval, and transactions with large blocks of shares, etc. were also considered. Considerable attention is paid to the most pressing problems of the participation of legal entities in civil turnover, which are revealed on the basis of the analysis of doctrinal positions and law enforcement practice. For those studying civil law disciplines, practicing lawyers and anyone interested in the peculiarities of the legal personality of legal entities and the problems of their participation in civil turnover.

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18

Armed madhouse: Who's afraid of Osama Wolf?, the best legal whorehouse in Texus [sic], no child's behind left, and other tales of class combat in a dying regime. London: Allen Lane, 2006.

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19

Chiyŏk munhwa yesul chinhŭng ŭl wihan pŏpche chŏngbi pangan. Sŏul Tʻŭkpyŏlsi: Hanʼguk Pŏpche Yŏnʼguwŏn, 2005.

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20

Smith, Steven S. The politics of institutional choice: The formation of the Russian State Duma. Princeton, N.J: Princeton University Press, 2001.

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21

Milanković-Vasović, Ljiljana. Stečajni postupak. Beograd: Intermex, 2010.

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22

Chaisse, Julien, ed. China's International Investment Strategy. Oxford University Press, 2019. http://dx.doi.org/10.1093/oso/9780198827450.001.0001.

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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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23

Amadi, Sam. Improving Electricity Access through Policy Reform. Oxford University Press, 2018. http://dx.doi.org/10.1093/oso/9780198819837.003.0017.

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In Nigeria, an estimated 170 million people depend on less than 4,000 megawatts of electricity from the grid for economic and social needs. Since 2000 the country has embarked on an ambitious power sector reform programme, the main objective of which is to ensure adequate, available, and reliable electricity. The power sector reform adopts a neo-liberal development model that is based on the triple strategy of liberalization, commercialization, and privatization. This strategy has relied heavily on the reform of the existing legal regime of state institutions so as to attract foreign private capital to increase capacity, expand connection, and improve reliability. This chapter reviews the incompletely theorized neo-liberal assumptions in the reform policies and shows how these assumptions have undermined the efficacy of legal reform in the electricity industry and resulted in failed expectation.

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24

Allayannis, George, Gregory W. Brown, and Leora F. Klapper. Legal Effectiveness and External Capital : The Role of Foreign Debt. The World Bank, 2005. http://dx.doi.org/10.1596/1813-9450-3530.

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25

Mayorga, Roberto. Foreign Investment in Chile:The Legal Framework for Business, the Foreign Investment Regime in Chile, Environmental System in Chile, Documents. Springer, 1995.

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26

Jonathan, Bonnitcha, Skovgaard Poulsen Lauge N, and Waibel Michael. 2 Foreign Investment: Economic and Legal Foundations. Oxford University Press, 2017. http://dx.doi.org/10.1093/law/9780198719540.003.0002.

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This chapter examines two foundational questions relating to foreign investment: why firms engage in foreign investment, and how inward foreign investment affects host states. It then examines the scope of the investment treaty regime’s coverage of different types of ‘investors’ and ‘investments’. The chapter makes a simple yet often overlooked point: whereas different types of foreign investment have different drivers and effects, investment treaties cover practically all forms of investment and all types of foreign investors. This has important implications when considering the effects of the investment treaty regime.

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27

Legal regime on Nepal's ratification to the WTO: A report prepared based on discussions with lawyers. [Kathmandu]: Action Aid Nepal and Law Associates Nepal, 2004.

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28

Rethinking The World Trade Order Towards A Better Legal Understanding Of The Role Of Regionalism In The Multilateral Trade Regime. Sidestone Press, 2009.

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29

Chris, Mögelin, ed. Investitionen ohne Grenzen: Niederlassungsfreiheit und Kapitalverkehr in der gesamteuropäischen Rechtspraxis = Investment without borders : freedom of establishment and movement of capital within Pan-European legal practice. Frankfurt am Main: Peter Lang, 2001.

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30

Crystal, Williams, American Immigration Lawyers Association, and AILA Capital Conference (2nd : 1987 : Washington, D.C.), eds. IRCA resource book: Legalization and employer sanctions : course handbook of the Second Annual AILA Capital Conference : advanced CLE on immigration law : November 13, 1987, the Westin Hotel, Washington, DC. Washington, DC (1000 16th Str., N.W., Washington, D.C. 20036): AILA, 1987.

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31

Dominic N, Dagbanja. The Investment Treaty Regime and Development Policy Space in Ghana. Oxford University Press, 2016. http://dx.doi.org/10.1093/law-iic/9780190612054.016.0015.

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This chapter explores the relationship between Ghana's standards of investment protection by treaty and its development policy-making and implementation obligations under the constitution of the Republic of Ghana 1992 and general international law. It advances four theses. First, the state has the constitutional and general international law duty to make and implement development policies for the realization of the legal right to development in Ghana. Second, the power to make treaties, which derives from the constitution and general international law, requires the conclusion of treaties that promote development. Third, existing standards of investment protection by treaty are incompatible with the constitutional and general international law duty to make and implement development policies to the extent that they impose damages on the state for doing that which is required by the constitution and general international law. The fourth thesis is that Ghana's investment treaties were aimed at establishing standards of investment protection to attract foreign investment for development and not merely to protect foreign investment as an end.

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32

Zrilic, Jure. The Protection of Foreign Investment in Times of Armed Conflict. Oxford University Press, 2019. http://dx.doi.org/10.1093/oso/9780198830375.001.0001.

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Foreign investors often sustain injuries during violent situations, such as riots, revolutions, civil wars, and international armed conflicts. There is a great deal of uncertainty about how effective investment treaty protections are in volatile times, how they relate to other applicable legal frameworks, and how they affect the state security policy and the post-conflict transition to peace. This book explores how foreign investment is protected in times of armed conflict under the investment treaty regime. It does so by combining insights from different areas of international law, including international investment law, international humanitarian law, international human rights law, the law of state responsibility, and the law of treaties. While the protections have evolved over time, with the investment treaty regime providing the strongest legal framework for protecting investors yet, there has been an apparent shift towards safeguarding a state’s security interests in recent treaty practice. The book identifies and analyses the flaws in the existent normative framework, but also highlights the potential that investment treaties have for minimizing the devastating effects of armed conflict. It offers an analytical framework for assessing the investment treaty regime in times of armed conflict, distinguishing between different paradigms and different types conflicts. It argues that a new approach is needed to appropriately balance the competing interests of host states and investors when it comes to investment protection in armed conflicts.

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33

Butt, Simon, and Tim Lindsey. Company Law. Oxford University Press, 2018. http://dx.doi.org/10.1093/oso/9780199677740.003.0016.

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This chapter deals with the law regulating business vehicles in Indonesia. The principal focus of the chapter is companies (including publicly listed companies, foreign investment, and shari’a companies) but it also covers partnerships, cooperatives, and state-owned enterprises, as well as the different regulations that apply to each. It explains the rules governing shares and capital, and directors and commissioners, as well shareholders’ rights, including in relation to general meetings. The rules for mergers and acquisitions are covered, as are corporate audit and reporting requirements. The chapter then summarizes the corporate governance regime applied in Indonesia through a mix of legislative provisions, codes of conduct, and other rules, including corporate social responsibility obligations. It also explains Indonesia’s corporate crime regime.

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34

Stoner, Kathryn E. Russia Resurrected. Oxford University Press, 2021. http://dx.doi.org/10.1093/oso/9780190860714.001.0001.

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This book refutes the idea that Russia plays a weak hand well in international politics. The book argues instead that Russia under Vladimir Putin’s regime may not be as weak as is sometimes thought in the West. It takes a multidimensional approach in assessing Russian state power in international relations, going beyond metrics of power like relative strength of the economy, human capital, and size of the military, to also include the policy weight or importance of Russian firms and industries, as well as where, geographically, Russian influence has spread globally. The book includes fresh empirical data on the Russian economy, demography and human capital, and conventional military and nuclear weaponry capacities in Russia relative to other great powers like China and the United States. The book argues that realpolitik alone does not explain Russian foreign policy choices under Putin. Rather, Putin’s patronal autocratic regime and the need for social stability play an important role in understanding when and why Russian power is projected in the twenty-first century.

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35

Casini, Lorenzo. Cultural Sites Between Nationhood and Mankind. Oxford University Press, 2018. http://dx.doi.org/10.1093/oso/9780198825210.003.0011.

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The chapter explores the legal regime that currently addresses cultural heritage sites. It analyzes the complex relationships between local, national, and universal community interests in cultural heritage sites, and how law can address such relationships, by focusing on the regime that is based on the 1972 UNESCO World Heritage Convention (WHC). The WHC is a system of complex interactions between state and global authorities, where states choose to bring in international regulators, but then find themselves having ceded significant regulatory authority to the latter who invoke community interests. Once a site is added to the WHC list, the interests at stake transcend national borders and an international arena has been established: This will allow foreign actors—or even domestic actors who do not share local or national communities—to monitor and to act against states’ policies that may affect the preservation of cultural heritage.

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36

Poznansky, Michael. In the Shadow of International Law. Oxford University Press, 2020. http://dx.doi.org/10.1093/oso/9780190096595.001.0001.

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This book investigates one of the most controversial forms of secret statecraft in international politics: the use of covert action to overthrow foreign regimes. The central question it asks is why leaders sometimes turn to the so-called quiet option when conducting regime change rather than using overt means. Whereas existing works prioritize the desire to control escalation or avoid domestic-political constraints to explain this variation, this book highlights the surprising role that international law plays in these decisions. When states cannot locate a legal exemption from the nonintervention principle—the prohibition on unwanted violations of another state’s sovereignty, codified in the United Nations Charter and elsewhere—they are more likely to opt for covert action. Concealing brazen violations of nonintervention helps states evade hypocrisy costs and avoid damaging their credibility. These claims are tested against four regime-change operations carried out by the United States in Latin America during the Cold War using declassified government documents, interviews with former government officials, and historical accounts. The theory and findings presented in this book shed light on the secret underpinnings of the liberal international order and speak to long-standing debates about the conduct of foreign-imposed regime change as well as the impact of international law on state behavior. The book also has important policy implications, including what might follow if America abandons its role as the steward of the postwar order, as well as the promise and peril of promoting new rules and norms in cyberspace.

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37

George, Walker, Purves Robert, and Blair Michael. Part III Financial Sectors and Activities, 23 Islamic Financial Services. Oxford University Press, 2018. http://dx.doi.org/10.1093/law/9780198793809.003.0023.

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This chapter discusses the regulatory regime for Islamic financial services. It begins by providing a background on Islamic finance firms (IFFs), which are governed by the Shari'a, and the services they offer. It then considers the scope and limits of Islamic financial services regulation before analysing the regulation of IFFs in the UK by the Financial Conduct Authority and the Prudential Regulation Authority as well as the regulation of Islamic capital markets. It also looks at international bodies that have been established to set and develop regulatory and Shari'a standards for IFFs, focusing in particular on the Accounting and Auditing Organisation for Islamic Financial Institutions and the Islamic Financial Services Board. The chapter concludes with an assessment of Islamic finance regulation in other jurisdictions; the legal effect of international standards on IFFs; Shari'a principles, including those relevant to Islamic finance; and the listing and public offer of Shari'a-compliant securities.

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38

Simon, Gleeson. Gleeson on the International Regulation of Banking. Oxford University Press, 2018. http://dx.doi.org/10.1093/law/9780198793410.001.0001.

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Financial capital regulation drives almost every aspect of the financial markets, from the structures of financial groups and the way they raise capital to the development of investment structures and financial engineering such as derivatives, securitisations, structured finance, credit derivatives, repos, and stock lending. This third edition of the leading guide on the structure of bank financial regulation is invaluable for lawyers and other non-statisticians interested in the regulatory drivers which shape modern financial transactions and techniques. The legal and regulatory principles which underlie the regulations are articulated here in a structured and accessible format. Since the publication of the second edition, the final form of the Basel 3 international regulatory framework for banks has been agreed, and the new edition covers both Basel 3 and references the first tranche of rulebooks and secondary legislation to ensue as a result. The new edition also covers the new formal bank resolution and recovery regime which came into force in November 2016 requiring UK banks, building societies, and the large investment firms to demonstrate minimum requirements for eligible liabilities and own funds. Another key focus of this edition is bank structural reform. Whilst the implementation of the EU initiative stalled and was ultimately withdrawn, the UK has already implemented its own version which has had, and will continue to have, a significant impact on banking regulation.

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39

Ballinger, Pamela. The World Refugees Made. Cornell University Press, 2020. http://dx.doi.org/10.7591/cornell/9781501747588.001.0001.

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This book explores Italy's remaking in light of the loss of a wide range of territorial possessions—colonies, protectorates, and provinces—in Africa and the Balkans, the repatriation of Italian nationals from those territories, and the integration of these “national refugees” into a country devastated by war and overwhelmed by foreign displaced persons from Eastern Europe. Post-World War II Italy served as an important laboratory, in which categories differentiating foreign refugees (who had crossed national boundaries) from national refugees (those who presumably did not) were debated, refined, and consolidated. Such distinctions resonated far beyond that particular historical moment, informing legal frameworks that remain in place today. Offering an alternative genealogy of the postwar international refugee regime, the book focuses on the consequences of one of its key omissions: the ineligibility from international refugee status of those migrants who became classified as national refugees. The presence of displaced persons also posed the complex question of who belonged, culturally and legally, in an Italy that was territorially and politically reconfigured by decolonization. The process of demarcating types of refugees thus represented a critical moment for Italy, one that endorsed an ethnic conception of identity that citizenship laws made explicit. Such an understanding of identity remains salient, as Italians still invoke language and race as bases of belonging in the face of mass immigration and ongoing refugee emergencies. The book's analysis of the postwar international refugee regime and Italian decolonization illuminates the study of human rights history, humanitarianism, postwar reconstruction, fascism and its aftermaths, and modern Italian history.

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40

Jeswald W, Salacuse. 12 Protection Against Expropriation, Nationalization, and Dispossession. Oxford University Press, 2015. http://dx.doi.org/10.1093/law/9780198703976.003.0012.

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While conditions may appear safe for investment property at the time an investment is made, they can change rapidly and dramatically due to shifting political and economic dynamics in host countries, the regions in which they are located, and internationally. Events such as popular uprisings, wars, regime changes, coups, economic crises, and insurrections can jeopardize investment property rights. Thus, when considering an investment in a foreign country, investors always weigh the risks of expropriation, dispossession, and nationalization. This chapter discusses treaty provisions that give protection against expropriation, nationalization, and dispossession. Disputes over expropriation may lead to arbitration or other legal action, and this is also discussed.

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41

Lustig, Doreen. Veiled Power. Oxford University Press, 2020. http://dx.doi.org/10.1093/oso/9780198822097.001.0001.

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This book presents a historical study of the international law of the private business corporation. The literature on corporations and international law typically concentrates on the failure to regulate corporations. This book challenges this ‘failure’ narrative and presents an alternative historical reading: a history of its facilitative role in constituting an economic order. This study draws inspiration from scholarship on the history of international trade law, international investment law, the history of global governance, and political economic analysis of international law, and connects these specialized fields in a single lens: the corporate form. The point of departure for this history is the simultaneous emergence of international law as a modern legal discipline and the turn to free incorporation in corporate law during the last third of the nineteenth century. The book demonstrates how the sovereign veil of the state and the corporate veil of the company were applied in tandem to insulate corporations from responsibility. Nevertheless, less powerful states invoked the same prevailing conceptions of the corporation, the sovereign state, and the relation between them, to curtail corporate power in struggles associated with decolonization. Reacting to these early victories, capital exporting countries shifted to a vocabulary of human rights and protected companies under a new regime of international investment law, which entrenched the separation between market and politics.

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42

Jeswald W, Salacuse. 5 The General Structure of Investment Treaties. Oxford University Press, 2015. http://dx.doi.org/10.1093/law/9780198703976.003.0005.

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This chapter discusses the basic structure of most modern investment treaties, which encompasses ten topics: treaty title and statement of purpose; definitions and scope of application; conditions for the entry of foreign investment and investors; general standards of treatment of foreign investments and investors; monetary transfers; expropriation and dispossession; operational and other conditions; losses from armed conflict or internal disorder; treaty exceptions, modifications, and terminations; and dispute settlement. Despite divergence among individual treaties, as a group they demonstrate many commonalities, including their coverage of similar issues and their use of equivalent or comparable legal concepts and vocabulary. It is these commonalities, despite individual differences, that are contributing to the creation of a global regime for international investment.

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43

McSheffrey, Shannon. Seeking Sanctuary. Oxford University Press, 2017. http://dx.doi.org/10.1093/oso/9780198798149.001.0001.

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Seeking Sanctuary explores a curious aspect of premodern English law: the right of felons to shelter in a church or ecclesiastical precinct, remaining safe from arrest and trial in the king’s courts. This is the first book in more than a century to examine sanctuary in England in the fifteenth and sixteenth centuries. Looking anew at this subject challenges the prevailing assumptions in the scholarship that this ‘medieval’ practice had become outmoded and little used by the fifteenth and sixteenth centuries. Although for decades after 1400 sanctuary-seeking was indeed fairly rare, the evidence in the legal records shows the numbers of felons seeking refuge in churches began to climb again in the late fifteenth century and reached its peak in the period between 1525 and 1535. Sanctuary was not so much a medieval dinosaur accidentally surviving into the early modern era, as it was an organism that had continued to evolve and adapt to new environments and indeed flourished in its adapted state. Sanctuary suited the early Tudor regime: it intersected with rapidly developing ideas about jurisdiction and provided a means of mitigating the harsh capital penalties of the English law of felony that was useful not only to felons but also to the crown and the political elite. Sanctuary’s resurgence after 1480 means we need to rethink how sanctuary worked, and to reconsider more broadly the intersections of culture, law, politics, and religion in the century and a half between 1400 and 1550.

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44

Reiser, Dana Brakman, and Steven A. Dean. Social Enterprise Law. Oxford University Press, 2017. http://dx.doi.org/10.1093/oso/9780190249786.001.0001.

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Social Enterprise Law presents a series of audacious legal technologies designed to unleash the potential of social enterprise. Until now, the law has been viewed as an obstacle to social entrepreneurship, too inflexible to embrace for-profit businesses with a social mission at their core. Legislators have poured resources into creating hybrid corporate forms such as the benefit corporation to eliminate barriers to the creation of social enterprises. That first generation of social enterprise law has not done enough. The authors provide a framework for future legislation to do what benefit corporations have not: create durable commitments by social entrepreneurs and investors to balance financial gains and social mission by putting a speed limit on profits. They show how sophisticated investors need not wait for the advent of these legislative changes, outlining a contingent convertible debt instrument that relies instead on financial engineering to build trust between those with capital and those ready to use it to nurture a double bottom line. To allow social enterprises to harness the vast power of the crowd, they develop a tax regime that would provide crowdfunding platforms the means to screen the commitment of for-profit startups. Armed with these tools of social enterprise law 2.0 and the burgeoning metrics of measuring public benefit, entrepreneurs and investors can navigate even the turbulent waters of exit without sacrificing mission, so that a sale need not mean selling out.

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45

Paul, Torremans. Part VI The Law of Property, 35 Administration of Estates. Oxford University Press, 2017. http://dx.doi.org/10.1093/law/9780199678983.003.0035.

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This chapter examines the legal regime governing the administration of estates. It begins with an overview of the difference between common law and civil law jurisdictions with respect to administration of estates, followed by a discussion of the Hague Convention on Administration of Estates and the EU Succession Regulation. It then considers the jurisdiction of the English courts regarding grants of administration, the rules governing separate wills, the situs of assets, persons to whom grant will be made, consular grant, and title of administrator under an English grant. It also analyses the choice of law governing the administration of estates and the status of administrators appointed by foreign courts before concluding with an assessment of foreign grants, Commonwealth grants, and grants of administration in Scotland and Northern Ireland.

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46

Remington, Thomas F., and Steven S. Smith. The Politics of Institutional Choice. Princeton University Press, 2001.

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47

Kenneth J, Caputo, Giddens James W, and Kiplok Christopher K. Part I United States, 2 The Liquidation of Lehman Brothers Inc, the New York Brokerage of the Lehman Global Enterprise. Oxford University Press, 2017. http://dx.doi.org/10.1093/law/9780198755371.003.0002.

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This chapter explores the statutory and regulatory regime in place in 2008 that governed the operation and liquidation of Lehman Brothers Inc. (LBI) and highlights key legal issues in the liquidation. Section I provides an overview of the Securities Investor Protection Act (SIPA) statute. Section II describes LBI, its role as the broker-dealer in the global Lehman enterprise, and the story of its collapse in September 2008. Section III highlights some hallmarks of the LBI liquidation, including the emergency sale to Barclays, account transfers, the transfer of all of LBI’s subsidiaries on the eve of LBI’s filing, the atomization of foreign affiliates with different regulatory regimes, and the role of LBI as a counterparty in the financial products market, which led to a substantial general estate. Section IV addresses the impact of the broker-dealer liquidation under SIPA on the treatment of complex financial instruments. Section V reflects on lessons learned.

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48

Dennis, Faber, Vermunt Niels, Davies Gareth, and Helmantel Mark. Part III Europe, 13 The Valuation of LBT Notes: An Application of Dutch Insolvency Law. Oxford University Press, 2017. http://dx.doi.org/10.1093/law/9780198755371.003.0013.

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This chapter explores the main issues faced by the Lehman Brothers Treasury Co BV in the Netherlands (LBT) bankruptcy trustees in the valuation of (claims arising from) Notes and Certificates (LBT Notes). Legal and economic aspects of the definitive valuation principles adopted by LBT’s bankruptcy trustees are explained in detail. Although Dutch law applied to the valuation of insolvency claims, some references to foreign valuation regimes is made to illustrate alternative options for the valuation of certain types of insolvency claims or the need for statutory reform. The chapter first provides an overview of the procedure applied by the LBT bankruptcy trustees to establish valuation principles and the role of certain main stakeholders in this process. This chapter also looks at legal and economic aspects of the general valuation regime under the Dutch Bankruptcy Code (Faillissementswet) vis-à-vis the valuation of insolvency claims in the LBT proceedings and concludes with some observations on future legal reform.

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Norah, Gallagher, and Shan Wenhua. 7 Expropriation and Compensation. Oxford University Press, 2009. http://dx.doi.org/10.1093/law:iic/9780199230259.003.007.

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Expropriation is a core element of the international legal regime relating to foreign investment. The international law relating to expropriation has evolved rapidly within the context of the modern framework for foreign investments, including multilateral treaties, bilateral investment treaties (BITs), and domestic foreign investment laws. This chapter examines the scope and definition of expropriation in the treaties and case law. It reviews how the provisions on expropriation in China's BITs have evolved and considers their scope, and whether they cover indirect or regulatory expropriation which tribunals are more often faced with today. The majority of claims are for indirect or regulatory expropriation and this has prompted states to include provisions in their Model BITs excluding non-discriminatory regulatory actions by a state implemented in the interest of public health, safety, and the environment. The chapter considers the conditions of a lawful expropriation as it is an accepted principle that expropriation is not illegal. Finally, it looks at the level of compensation awarded for an expropriation, one of the more important aspects of this standard of protection.

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Annabelle, Möckesch. Part 2 Determining the Applicable Attorney–Client Privilege Standard, 8 Applicable Privilege Standard in International Commercial Arbitration. Oxford University Press, 2017. http://dx.doi.org/10.1093/law/9780198795865.003.0008.

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This chapter contains an analysis of the most appropriate way to determine the applicable attorney–client privilege standard in international commercial arbitration. To this end, this chapter deals with the characterization of privilege as substantive or procedural, the legal framework for attorney–client privilege in international commercial arbitration, international mandatory rules of law, and the enforcement regime under the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards of 1958. Against this background, the chapter includes an analysis of the possible approaches to determining the privilege standard. These include the application of general principles of law, the application of a single national law determined through a choice-of-law approach such as the closest connection test, the cumulative application of several national laws, and the creation of an autonomous standard defining the scope of attorney–client privilege. Lastly, the chapter examines whether corrective measures, such as the lowest common denominator approach or the most protective rule, are needed to ensure equal treatment of the parties and fairness of the proceedings. This chapter concludes with key findings on how to determine the applicable attorney–client privilege standard in international commercial arbitration.

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Books on the topic 'Legal regime of foreign capital'

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