Pour voir les autres types de publications sur ce sujet consultez le lien suivant : Investments – Law and legislation – United States.
Articles de revues sur le sujet « Investments – Law and legislation – United States »
Créez une référence correcte selon les styles APA, MLA, Chicago, Harvard et plusieurs autres
Consultez les 50 meilleurs articles de revues pour votre recherche sur le sujet « Investments – Law and legislation – United States ».
À côté de chaque source dans la liste de références il y a un bouton « Ajouter à la bibliographie ». Cliquez sur ce bouton, et nous générerons automatiquement la référence bibliographique pour la source choisie selon votre style de citation préféré : APA, MLA, Harvard, Vancouver, Chicago, etc.
Vous pouvez aussi télécharger le texte intégral de la publication scolaire au format pdf et consulter son résumé en ligne lorsque ces informations sont inclues dans les métadonnées.
Parcourez les articles de revues sur diverses disciplines et organisez correctement votre bibliographie.
1
Hsu, Locknie. "SWFs, Recent US Legislative Changes, and Treaty Obligations Sovereign Wealth Funds, Recent US Legislative Changes, and Treaty Obligations." Journal of World Trade 43, Issue 3 (2009): 451–77. http://dx.doi.org/10.54648/trad2009019.
Texte intégralRésumé :
A confluence of events has highlighted the role of sovereign wealth funds (SWFs) in recent times, giving rise to debate as to their role, governance, and how national investment regimes view their investments. Important amendments to US investment-screening legislation in 2007 have given rise to some concerns on the part of SWF investors. Apart from national investment-screening laws such as those of the United States and Canada, recipient countries of such funds’ investments may have also international or bilateral treaty obligations towards SWFs as foreign investors. Recent international efforts have also produced some ‘soft law’ instruments to address the governance structures of SWFs and recipient countries’ approaches to their investments. This article provides a composite picture of the recent US amendments, relevant international and bilateral treaty obligations, and the recent ‘soft law’ instruments that together have an impact on SWF investments.
2
Garmashev, Mikhail A., Julia A. Sakhno, Inna N. Peremyshlennikova, Natalya A. Sedova, and Marina M. Staroselzeva. "Legal regulation of crowdfunding and investment platforms." Linguistics and Culture Review 5, S3 (2021): 958–66. http://dx.doi.org/10.21744/lingcure.v5ns3.1695.
Texte intégralRésumé :
The article provides a comparative analysis of the legal regulation of crowdfunding and investment platforms in Germany, Russia, the USA, and France. Crowdfunding has been researched as a category that is an integral part of investment platforms; in a concise form, the formation of crowdfunding in the declared group of countries is disclosed; identified possible risks and problems when using investment platforms and crowdfunding. The legislation of the United States, France, Germany, and Russia in the field of crowdfunding reveals the main provisions that are directly related to investment platforms and investments, thereby helping interested parties navigate in this environment. Although the legislation of Russia, unlike foreign countries, does not directly mention crowdfunding, which in turn gives rise to legal conflicts of using this activity through the national law on attracting investments, limiting the rights of individual citizens to attract investments.
3
Lefeber, René. "Frontiers of International Law: Counteracting the Exercise of Extraterritorial Jurisdiction." Leiden Journal of International Law 10, no. 1 (1997): 1–7. http://dx.doi.org/10.1017/s0922156597000010.
Texte intégralRésumé :
On 22 November 1996, the Council of the European Union adopted a framework regulation and agreed to joint action to ‘protect’ the interests of the European Union and its citizens against the extraterritorial application of legislation by non-member states. These measures were adopted in response to the extraterritorial application of certain measures by the United States, concerning trade with and investment in Cuba, as well as investment in Iran and Libya. These United States measures apply to all natural and legal persons irrespective of their nationality, residency, or place of activity. Thus, even nationals of a member state of the European Union residing and active in the European Union must comply with the United States measures. The enactment of this legislation marks a new episode in the on-going battle between the United States and the European Union over the frontiers of a state's (or an international organization's) jurisdiction to prescribe. This time, however, the European Union counteracted by the adoption of measures which can partly be characterized as retorsion measures and partly as countermeasures. The adoption of these measures by the European Union raises questions with respect to the legitimacy of the retorsion measures and the legality of the countermeasures.
4
Kirichenko, E. V. "National Security Foreign Direct Investment Control in the USA." Mezhdunarodnaja jekonomika (The World Economics), no. 12 (December 13, 2024): 974–83. https://doi.org/10.33920/vne-04-2412-01.
Texte intégralRésumé :
The United States of America has traditionally been one of the largest importers of direct capital investment. The United States views foreign investment as one of the key factors in the country’s economic growth. At the same time, due to the dispersion of challenges and threats to American global leadership, the interpretation of US national security is qualitatively expanding. The United States is trying to maintain a balance between openness to foreign direct investment and national security objectives. The article analyzes the activities of the Committee on Foreign Investment in the United States. The evolution of legislation concerning the activities of CFIUS is examined as approaches to national security issues change. Particular attention is paid to the analysis of the Law «Foreign Investment Risk Review Modernization Act of 2018». The emergence of this law (it was put forward on a bipartisan basis) indicates the strengthening of supporters of stricter regulation of FDI. The extension of the control functions of the United States Committee on Foreign Investment is clearly visible.
5
Vylegzhanin, A. N., and P. A. Krokhina. "Legislation of Luxemburg on Natural Resources of Celestial Bodies and International Law." Moscow Journal of International Law, no. 3 (September 29, 2024): 17–35. http://dx.doi.org/10.24833/0869-0049-2024-3-17-35.
Texte intégralRésumé :
INTRODUCTION. This article examines the space laws adopted by Luxembourg in 2017 and 2020, which allow private persons, subject to the conditions provided by these laws, to explore and use the natural resources of celestial bodies. At the same time, the authors proposed an international legal assessment of these laws.MATERIALS AND METHODS. The study of the designated laws of Luxembourg is based on the scientific works of domestic and foreign specialists in international space law, especially in terms of the analysis of previously adopted national legislation on space activities. Both general scientific methods of cognition and methods of legal sciences, including formal-legal and comparative-legal, are used. RESEARCH RESULTS. The analysis of Luxembourg laws in the general context of applicable international law presented in the article shows that these laws have basically adopted the new US legal space policy, initially outlined in the US Commercial Space Launch Competition Act of 2015. At the same time, Luxembourg laws on space activities have proposed a number of legal mechanisms that differ from the US ones, which further exacerbates the interstate competition for a more favorable legal environment for private persons to invest in economic activities in space. DISCUSSION AND CONCLUSIONS. International legal issues of the use of outer space, including those affecting the status of celestial bodies, have long been resolved at the universal level, primarily on the basis of the Outer Space Treaty of 1967. The situation has changed with the involvement of the United States since 2020 of an increasing number of states in a separate treaty-legal regime of space activities created by the Artemis Agreements, concluded by the United States with more than 40 states. These agreements, in turn, adopted the basic provisions of the new US legislation on natural resource activities in space, starting with the aforementioned US Law of 2015. The basic “space” laws of Luxembourg - the Law on the Exploration and Use of Space Resources of 2017 (which established the national legislative basis for the commercial exploration and use of natural resources of celestial bodies) and the Law on Space Activities of 2020 (which clarified this legislative system), while creating a favorable environment for investments by individuals and legal entities of this state in the development of natural resources of celestial bodies, also have negative international legal consequences for the community of states: Luxembourg, with these laws, supported the separate policy of the United States aimed at revising universal international space law, according to which the use of outer space, including celestial bodies, constituting the “patrimony of all mankind”, “is carried out for the benefit and in the interests of all countries” (Article I of the Outer Space Treaty of 1967).
6
Atiyah, Ghassan Adhab, Nazura Abdul Manap, and Saidatul Nadia Abd Aziz. "Legal Status of Cryptocurrency Circulation in Iraq: Lessons from the United Arab Emirates and the United States." Hasanuddin Law Review 9, no. 1 (2023): 1. http://dx.doi.org/10.20956/halrev.v9i1.3867.
Texte intégralRésumé :
The philosophical emergence of cryptocurrencies is a consequence of the desire to get rid of the authorities’ control of the monetary system, which encouraged people to deal with it for investment or to facilitate the fulfilment of their financial obligations. The research problem is represented through the lack of legislation that regulates dealing with cryptocurrencies in Iraq. There are many technical, legal, and security risks for the use and circulation of cryptocurrency, which must be legally addressed and suitable solutions found. Therefore, this article aims to examine and analyse the legal status of cryptocurrencies in selected jurisdictions through multiple stages, from prohibition to licensing and regulation. This article adopted a qualitative approach to analyse the legal status of cryptocurrency in the selected jurisdictions. The study finding shows that the Iraqi authorities do not have the technical or legal means to prevent the illegal use of cryptocurrencies. In addition, there is a large legislative gap with the developed countries, and lawmakers need to regulate cryptocurrencies by enacting laws to protect people from falling victim to fraud.
7
Kim, Min-Bae. "Enactment and Issues of Japan's Important Land Survey Regulation Act." Korean Public Land Law Association 99 (August 30, 2022): 1–31. http://dx.doi.org/10.30933/kpllr.2022.99.1.
Texte intégralRésumé :
On the basis of national security and territorial integrity, can the state regulate the use of land and buildings around important defense facilities or on border islands? In response, on June 16, 2021, Japan promulgated ‘Important Land Survey Regulation Act.’ In enacting the Important Land Survey Regulation Act, the Japanese government suggested land acquisition in a specific area by foreign capital as a basis for legislation. Due to the cases of land acquisition in a water source, defense facilities, or border islands, anxiety among Japanese residents and the people is growing.
 As a background of legislation, the Important Land Survey Regulation Act refers to ‘concerned’ foreign capital and state. It is primarily considering Korea and China as regulatory targets. The Important Land Survey Regulation Act is a regulation law based on the maintenance of the base of national life, maritime sovereignty, and national security. In the future, I think the Important Land Survey Regulation Act will have a direct or indirect effect on Korea.
 From a national security perspective, laws that regulate direct investment in corporate purchases also exist in the United States and Japan. However, regulations on real estate transactions have recently been introduced from the perspective of national security. In the United States, the Foreign Investment Risk Review Modernization Act (FIRRMA) enacted in August 2018 is a representative law. Real estate transactions are being conducted as a subject of review by the US Foreign Investment Committee (CFIUS). From a national security perspective, Japan is reviewing the case of the United States, which regulates the sale of real estate. However, problems with the bill were pointed out in the process of enacting the Important Land Survey Regulation Act. The issue of unconstitutionality of the Important Land Survey Regulation Act was also raised.
 In this study, I reviewed the issues and the contents of the law in the legislative process of the Japanese National Assembly : the purpose of legislation and the existence of legislative facts, the subject of regulation and delegation of legislation, forest and water sources, enforcement decree and delegation legislation, resident movement regulation, designation of special zones, and pre-reporting system, etc. The following matters were reviewed on the issue of unconstitutionality inherent in the Important Land Survey Regulation Act : legislative purposes and the absence of legislative facts, violation of the principles of parliamentary legislation, principle of criminal justice, recommendations and orders and criminal penalties, land use investigation and personal information, privacy rights, freedom of thought and conscience, self-denial rights, property rights and compensation systems, etc.
 The Important Land Survey Regulation Act, like FIRRMA in the United States, is based on national security, Japan primarily aims to protect Japan’s Self-Defense Forces facilities and U.S. military facilities. To this end, ownership and use, and transactions of land and buildings in a specific area are regulated. Second, however, it is a law to prepare for border disputes or maritime disputes between Japan and China, Japan and Russia, Korea and Japan. From the perspective of borders, territories, and maritime sovereignty, the Republic of Korea needs to establish new border protection measures for uninhabited islands and islands.
8
Han, Wang, and Liu Jianhua. "The Role of Committee on Foreign Investment in the United States in the Tech War with China." Journal of Economics and Public Finance 8, no. 2 (2022): p104. http://dx.doi.org/10.22158/jepf.v8n2p104.
Texte intégralRésumé :
With the escalation of the science and technology war against China, the Committee on Foreign Investment in the United States (CFIUS) continues to expand its powers with the support of Congressional legislation, and plays an increasingly important role in the science and technology war against China. The committee strictly restricts Chinese technology companies’ investment in the United States by means of routine review, case tracing, whitelisting, and long-arm jurisdiction, preventing China from acquiring advanced American technology through investment channels in the United States, so as to curb China’s high-tech development and maintain American technological hegemony. The goal of CFIUS’s review of Chinese companies’ investment in the United States has shown trends such as generalization of security, joint action, focus on emerging fields, and strengthening of law enforcement capabilities China should pay attention to the scope of CFIUS expansion and behavioral trends, and take corresponding countermeasures to avoid and reduce investment risks in the United States.
9
Sulistina, Sulistina, Bayu Dwi Anggono, Al Khanif, and Tran Ngoc Dinh. "The Pathway of Adopting Omnibus Law in Indonesia's Legislation: Challenges and Opportunities in Legal Reform." Jurnal Kajian Pembaruan Hukum 2, no. 2 (2022): 155. http://dx.doi.org/10.19184/jkph.v2i2.31524.
Texte intégralRésumé :
The omnibus law model has become a new method of legislative drafting in Indonesia, first applied to the Job Creation Law and later enacted as Law 11/2020. While there were no implicit guidelines in Legislative Drafting Law 12/2011, this adoption was imported from several countries like the United States and Ireland to simplify regulations before the method was subsequently formalized and included in Legislative Drafting Law 13/2022. This paper explored the pathway and dynamics of the omnibus law adoption in Indonesia's law-making procedure and analyzed its further impacts on whether such a method has fruitfully improved the quality of the enacted regulation in establishing a more friendly investment policy. Through doctrinal method, this study showed that the opportunity to apply the omnibus model in Indonesia depends on the effectiveness, success, and benefits of respective regulations. In contrast, the application of the omnibus law model should respect democratic principles and avoid public harm. As shown in three different countries, i.e., Indonesia, the United States, and Canada, public concerns on lack of participation should be taken seriously to hinder undemocratic ends through "democratic" means. Alternatively, accountability of the drafting process should be considered a priority. In summary, the increasing trend of adopting the omnibus model should be first adopted and promulgated through legislative products whose promulgation must be with a formidable law-making procedure.
10
Ibrahim, Maan Abdulqader. "Legal Aspects of Financial Investment Companies in Iraq Between Ambition and Reality." Journal of AlMaarif University College 31, no. 2 (2020): 409–36. http://dx.doi.org/10.51345/.v31i2.181.g180.
Texte intégralRésumé :
Investment companies are an appropriate way to revitalize the national economy where investors can rely on them to make sure their money is managed strategically, especially for people who do not have enough time to track and manage their investments throughout the day. While many individuals find that investment companies provide the services they most need Others feel that they can manage their investments with confidence on their own accord, and this remains a decision for every investor in himself in investment companies or what is known as investment funds in an institution, partnership or commercial entity that invests the capital raised from investors, so that investors share profits And the company's losses alike, according to the share of each investor. The main goal of these companies is to maintain, manage, sell, and market securities for the purpose of investment, but they provide several other services to investors such as various trust funds, portfolio management, record keeping, and administrative and tax services where investment companies are subject to different regulatory laws, according to the policy and laws of each country, for example in United States of America These companies are organized in accordance with the Investment Companies Regulation Act of 1940, which requires companies to disclose to investors their financial condition and investment policies since the shares were initially sold, and therefore this law focuses on disclosing to investors information related to the fund and its investment goals 1, but it does not allow The SEC is directly supervising the investment decisions or activities of these companies or judging the benefits of their investment. Companies are also subject to the Securities Act of 1933 and the Securities Market Act of 1934. As for Iraqi legislation, investment companies were not mentioned except in the Iraqi Companies Law No. (21) of the revised 1997 CE.
11
Shannon, Victoria. "Recent Developments in Third-Party Funding." Journal of International Arbitration 30, Issue 4 (2013): 443–52. http://dx.doi.org/10.54648/joia2013028.
Texte intégralRésumé :
This article addresses recent developments in third-party funding that occurred during late 2012 and early 2013 in the three leading jurisdictions: Australia, the United Kingdom and the United States. The most important developments are the following. On 22 April 2013, the Australian Securities and Investment Commission (ASIC) issued regulatory guidelines clarifying the status of funders with respect to ASIC's regulations and detailing how funders should manage conflicts of interest and handle certain provisions of their funding arrangements. In the United Kingdom, the Jackson Reforms took effect on 1 April 2013, bringing sweeping changes to the allowable fee agreements, discovery rules and cost allocations in that jurisdiction. In the United States, at least twenty pieces of legislation have been filed in various state legislatures since the beginning of 2013 aimed at regulating the third-party funding industry in a variety of different ways. Thus, in these three leading third-party funding jurisdictions, it appears that the legislatures - rather than the courts - are seeking to lead the way in shaping the future of the third-party funding industry.
12
Kunitsa, D. A. "Review of Some Aspects of the Russian Legislation on Fiduciary Management of Property and Personal Funds through the Prism of the Law on Trusts in the United States and Canada." Kutafin Law Review 9, no. 3 (2022): 511–43. http://dx.doi.org/10.17803/2713-0525.2022.3.21.511-543.
Texte intégralRésumé :
Enactment of new provisions of the Civil Code in the spring of 2022 on personal funds has increased the number of legally recognized instruments for management of property of others available in Russia (personal funds, investment funds of closed type and trust management agreements). This article reviews similarities between these three instruments and trusts formed under applicable laws of the United States and Canada. Such similarities suggest that certain legal mechanisms and approaches to legal issues developed in the United States and Canada should be taken into account for further development of the Russian law on personal funds and implementation of the law in practice. The article analyses certain aspects of the Russian legislation on management of property of others (legal status of each instrument, liability of the managers to the beneficiaries and liability of founders of personal funds for the obligations of such funds) and compares provisions of Russian law with relevant laws of the State of New York and the Province of Quebec.
13
Khanov, Talgat, Alemkhan Maitanov, and Akhmetkali Shaimuhanov. "Criminal law analysis regarding liability for establishing and managing financial Ponzi schemes in certain countries." Scientific Herald of Uzhhorod University Series Physics, no. 56 (May 23, 2024): 709–21. http://dx.doi.org/10.54919/physics/56.2024.70lru9.
Texte intégralRésumé :
Relevance. Crimes related to investment (financial) pyramids pose a threat to state stability and the economic security of both the country and the individual citizens. The research relevance is predetermined by the need to ensure effective counteraction to the phenomenon in the current environment. Purpose. The research aims to analyse the criminal legislation of the United States of America, Germany, China and Russia concerning combating pyramid schemes to develop proposals for further improvement of the legislation of the Republic of Kazakhstan on this issue. Methodology. The analytical, comparative, statistical, legal, and dogmatic methods were used. Results. The authors conducted a comparative analysis of the criminal law provisions in Kazakhstan and other jurisdictions, examining the various ways in which liability for establishing and operating pyramid schemes is codified, including the different forms, approaches, and techniques employed in the legislative framework. The authors identified common and distinctive trends and developed recommendations for improving the legislative framework in this area. The authors provides a forensic characterisation of the crime of creating and organising pyramid schemes. The statistical data of the Republic of Kazakhstan on this type of crime are studied. In addition, the authors identifies the criteria by which preliminary investigation of this category of crimes should be carried out, which will contribute to a more effective investigation and prosecution of perpetrators. Conclusions. This study contributes to deepening the scientific understanding of the topic and improving legislation. The results of the study can be used by law enforcement agencies, legislative bodies, and the scientific community to develop and improve legal norms and procedures related to combating pyramid schemes. Keywords: investment manipulation; historical development; comparative characteristics; economic offences; pre-trial investigation
14
Shinkaretskaya, Galina Georgievna, and Tatiana Vladimirovna Rednikova. "Correlation of rights and interests of the circumpolar and other states in the use of the Arctic region." Право и политика, no. 1 (January 2022): 12–22. http://dx.doi.org/10.7256/2454-0706.2022.1.37286.
Texte intégralRésumé :
The severe natural conditions of the Arctic have impeded the economic development of the region for centuries. The norm for the recognition of special rights of circumpolar states to establish their own legal order in the region was established as a result of international custom. The application the generally accepted United Nations Convention on the Law of the Sea allowed the Arctic countries to establish the own zones of jurisdiction, which enables the extraction of natural living and mineral resources. Such jurisdiction was also extended to shipping routes that require constant maintenance and significant investments; thus the shipping routes are close to acquiring the status of canals. However, the climate warming and ice melt have turned the Arctic from the isolated region with limited geopolitical and geoeconomic significance to the next frontier of opportunities for the world’s countries. There is currently no single all-encompassing treaty on the use of the Arctic. The legal order consists of the regional and subregional agreements, national legislation, and soft law. The circumpolar states actively and extensively used the provisions of the United Nations Convention on the Law of the Sea (1982) for establishing the limits and legal regime of the zones of own jurisdiction in the Arctic Ocean. In May 2008, five Arctic coastal states signed the so-called Ilulissat Declaration, acclaiming the current trends in the development of legal order in the Arctic. For ensuring the political, economic interests of the Arctic states in the region, as well as global security and protection of regional environmental sensitive to detrimental effects, it is necessary to develop a uniform position of the coastal states on the entirety of regional problems in view of the growing activity of the non-Artic states that declare their national interests in the Arctic region.
15
Vanheusden, Bernard. "Towards a Legal Framework in the EU for Brownfield Redevelopment." European Energy and Environmental Law Review 12, Issue 6 (2003): 178–86. http://dx.doi.org/10.54648/eelr2003027.
Texte intégralRésumé :
Summary: Brownfield sites are a major soil-related problem in every industrialised nation. Within the European Union more and more Member States are searching for different measures to deal with soil remediation in general, and with brownfields in particular. Soil remediation will demand tremendous investments. It remains unclear how these costs will be distributed among public authorities and the business community. Several governments, together with their administrations, have already taken different initiatives. Nevertheless, the shortage of knowledge and information regarding brownfield development still creates a lot of difficulties with the start up and realisation of potential brownfield projects in the EU. This article offers a comparative survey of different legal approaches within the EU and in the United States to deal with brownfields. Starting with the US legal framework; then pointing to relevant European legislation and recent actions taken by the European Commission; finally, the article describes interesting developments within several Member States with regard to soil remediation and, more specifically, brownfield redevelopment.
16
Domenteanu, Adrian, Camelia Delcea, Margareta-Stela Florescu, Dana Simona Gherai, Nicoleta Bugnar, and Liviu-Adrian Cotfas. "United in Green: A Bibliometric Exploration of Renewable Energy Communities." Electronics 13, no. 16 (2024): 3312. http://dx.doi.org/10.3390/electronics13163312.
Texte intégralRésumé :
In recent years, the domain of renewable energy communities has experienced dynamic growth, spurred by European Union (EU) legislation that became law for all 27 Member States in June 2021. This legislative framework intensified research efforts aimed at discovering new methods for sustainable energy sources through the development of individual and collective energy communities. Each EU country has implemented distinct frameworks for renewable energy communities, leading to varied legislative approaches. This has spurred exponential investment, facilitating the deployment of photovoltaic and battery energy storage systems, offering significant economic and environmental benefits to community members. Against this backdrop, the purpose of this analysis is to investigate academic publications related to renewable energy communities. Using a dataset extracted from the ISI Web of Science database, this study employs a bibliometric approach to identify the main authors, affiliations, and journals and analyze collaboration networks, as well as discern key topics and the countries involved. The analysis reveals an annual growth rate of 42.82%. Through thematic maps, WordClouds, three-field plots, and a review of the top 10 globally cited documents, this study provides a comprehensive perspective on the evolving domain of renewable energy communities.
17
Kharitonova, Julia S., and Larisa V. Sannikova. "DIGITAL FINANCIAL TOOLS FOR SOCIALIZING PRIVATE LAW." Vestnik Tomskogo gosudarstvennogo universiteta. Pravo, no. 39 (2021): 208–24. http://dx.doi.org/10.17223/22253513/39/16.
Texte intégralRésumé :
Nowadays, the law is being transformed as a regulator of relations. The idea of strengthe-ning the regulatory role of technologies in the field of streamlining public relations is making much headway in the world. This trend is most pronounced in the area of regulation of private relations. The way of such access to the market as crowdfunding is becoming increasingly widespread. The issuing of the so-called secured tokens is becoming popular for both small businesses and private investors. The trust in new ways of attracting investments is condi-tioned by the applied technology - the use of blockchain as a decentralized transparent data-base management system. Under these conditions, there is such a phenomenon as the democ-ratization of property relations. Every individual receives unlimited opportunities to invest via technologies. Thus, legal scholars all over the world face the question about the role of the law and law in these relations? We believe that we are dealing with such a worldwide trend of regulating public relations as the socialization of the law. Specific examples of issuing tokens in Russia and abroad show the main global trends in the transformation of private law. The platformization of economics leads to the tokenization and democratization of property relations. In this aspect, the aim of lawyers should be to create a comfortable legal environment for the implementation of projects aimed at democratizing property relations in Russia. The socialization of private law is aimed at achieving social jus-tice and is manifested in the creation of mechanisms to protect the rights of the weak party and rules to protect private investors. Globalization requires the study of both Russian and foreign law. To confirm their hypothesis, the authors conducted a detailed analysis of the legislation of Russia, Europe and the United States to identify the norms allowing to see the process of socialization of law in the above field. The generalization of Russian and foreign experience showed that when searching for proper legal regulation, the states elect one of the policies. In some countries, direct regulation of ICOs and related emission relations are being created, in others, it is about the extension of the existing legislation to a new changing tokenization relationship. The European Union countries are seeking to develop common rules to create a regulatory environment to attract investors to the crypto industry and protect them. Asian countries are predominantly developing national legislation in isolation from one another, but most of them are following a unified course to encourage investment in crypto assets while introducing strict rules against fraud on financial markets. The emphasis on the protection of the rights of investors or shareholders, token holders by setting a framework, including private law mechanisms, can be called common to all approaches. This is the aim of private law on the way to social justice.
18
Darchyk, H. M. "The current state of legal regulation of cryptocurrency in Ukraine. International experience in cryptocurrency market regulation." Uzhhorod National University Herald. Series: Law 2, no. 87 (2025): 335–40. https://doi.org/10.24144/2307-3322.2025.87.2.50.
Texte intégralRésumé :
The article examines the definition of «cryptocurrency,» its legal status, and prospects for regulation in Ukraine. The authors analyze contemporary approaches to understanding cryptocurrency as a digital asset, considering it either as a new form of money or as an object of civil rights. Particular attention is paid to the provisions of the Law of Ukraine «On Virtual Assets,» adopted on February 17, 2022, and its significance in creating the legal foundation for cryptocurrency market regulation. However, it is emphasized that this law has not yet come into force due to the absence of corresponding amendments to tax legislation, complicating the legalization of cryptocurrency transactions. The distinction between «virtual assets» and «cryptocurrencies» is discussed, highlighting key limitations of existing legislation, particularly the prohibition on using virtual assets as a payment method in Ukraine. The article outlines issues such as the lack of a transparent regulatory environment and a taxation system, which hinder the development of the cryptocurrency market, reduce its investment appeal, and create risks for market participants. The article also analyzes international cryptocurrency regulation experiences, particularly in the United States, Canada, Japan, and the European Union. Special attention is devoted to the European regulation Markets in Crypto Assets (MiCA), which could serve as a foundation for developing a unified regulatory framework in Ukraine. The authors stress the importance of harmonizing Ukrainian legislation with European standards within the framework of European integration. The potential benefits of cryptocurrency legalization are highlighted, including attracting foreign investments, developing financial technologies, reducing the shadow economy, strengthening consumer protection, and creating new markets. Specific recommendations are provided to improve legislation, such as implementing transparent regulatory mechanisms, taxation, investor protection, and ensuring cybersecurity. This article is a significant contribution to the study of the prospects for the development of the cryptocurrency market in Ukraine, outlining the challenges and opportunities for integrating Ukraine’s financial system into the international space through the adoption of MiCA standards.
19
Yakusheva, E. E. "Investment Partnership in the realm of Other Forms of Joint Ventures Existing in Russia in comparison with US Limited Partnership." Lex Russica 74, no. 10 (2021): 147–55. http://dx.doi.org/10.17803/1729-5920.2021.179.10.147-155.
Texte intégralRésumé :
Globally the developed countries economies exist in conditions of ever-increasing competition. In recent decades, the states whose economy is based on modern technologies, the introduction of innovations and the creation of a favorable environment for their emergence has gained some advantage. Venture investment is an important component of the innovation economy, without which it is difficult to imagine the rapid development of new technologies. Under these conditions, the task of the legal systems of developed countries has become to create a legal framework for venture investment: convenient, transparent and understandable for national and international investors.In Russia, an important stage in the creation of a legal infrastructure for investment was the adoption of the Federal Law “On Investment Partnership” in 2011, designed to provide the investment community with contractual organizational and legal forms of collective investment activity, taking into account the specifics of the implementation of venture (especially risky) business projects. The Russian investment partnership is a direct analogue of the American limited partnership (limited partnership).The paper considers the main advantages of an investment partnership over other forms of collective investment activity, as well as analyzes some aspects of the regulation of investment partnerships in Russia and limited partnerships in the United States. The author concludes that an investment partnership is the optimal form of collective investment activity provided for by Russian legislation. There is no doubt that the general proximity of the construction of an investment partnership and a limited partnership, common in the United States (and other common law countries), makes an investment partnership the most attractive form of attracting foreign investment to the Russian market.
20
Doronina, Natalia. "Anti-Corruption as an Issue of National, International or “Supranational” Legal Regulation." Journal of Foreign Legislation and Comparative Law 19, no. 6 (2023): 50. http://dx.doi.org/10.61205/jzsp.2023.080.
Texte intégralRésumé :
The article examines the problems of combating corruption and its regulation within the framework of national legislation on the example of the experience of regulation in the United States and Great Britain; analyzes the issues of corruption in the dispute resolution practice of the International Center for the Settlement of Investment Disputes (ICSID); the possibility of using private law institutions in order to eliminate corruption risks when concluding investment agreements is being considered. Based on the results of the review of the practice of anti-corruption measures, the authors conclude that the desire of one of the states to subordinate anti-corruption to its jurisdiction creates unpredictability and, in fact, is destructive for the market and international cooperation, and a review of the practice of resolving investment disputes in ICSID shows that an objective and balanced investigation, as a rule, does not forms the evidence base of alleged corruption.
21
Oh, Jong－Moon. "Income Taxation Related to Short Selling and Stock Lending Transactions." Korean Association Of Computers And Accounting 21, no. 3 (2023): 173–200. http://dx.doi.org/10.32956/kaoca.2023.21.3.173.
Texte intégralRésumé :
[Purpose]In this study, we examined the issues surrounding income taxation in relation to short selling and the stock lending transactions associated with it. Additionally, we proposed essential supplementary institutional measures. [Methodology]To achieve this, we scrutinized relevant precedents and interpretations in Korea, and consulted discussions and legislation in the United States and Japan. [Findings]The topics addressed in this study, along with the proposed measures for income taxation purposes, can be summarized in the following two points. [Implications]Firstly, during stock lending transactions, a formal transfer of ownership occurs. A question arises as to whether capital gains should be taxed following such a formal transfer of ownership. While administrative interpretation asserts no taxation, judicial precedent stipulates that transfer tax is imposed upon the transfer of legal ownership. In cases of qualified loan transactions where economic risks and rewards are not transferred, it is economically prudent not to tax capital gains, even if formal ownership is transferred. A similar issue existed in the United States and was resolved through legislation. Secondly, there is the matter of taxing investors on gains and losses from short selling. Under Korea’s income tax law, which adopts an enumerative method, gains and losses from short selling are not subject to taxation. Moreover, it is not included in the financial investment income tax, scheduled for implementation from 2025 following a postponement. Legislative supplementation is necessary, and given that short selling differs from spot investment in stocks and shares similar characteristics with stock derivatives, it seems fitting to categorize it under the basic deduction group of 2.5 million won. In short selling, when borrowed stocks are returned and the short selling is concluded according to the open transaction doctrine, gains and losses are confirmed, and the time for taxation arrives.
22
Herbots, Jacques. "Les contrats commerciaux OHADA dans une perspective congolaise. Vers un droit général commun des obligations contractuelles?" European Review of Private Law 23, Issue 1 (2015): 47–80. http://dx.doi.org/10.54648/erpl2015004.
Texte intégralRésumé :
Abstract: The economists agree that actually the African economies did take off. A further growth, however, needs investments. Attracting these investments is precisely one of the purposes of the African Union with her 54 Member States and of - in a geographically more limited area - the OHADA, the organization for the harmonization of business law in mainly French-speaking Africa. The originality of the OHADA consists in the adoption of uniform Acts, which apply in all 17 Member States. It is only fair to say that through these uniform statutes the influence of France and that of the French juridical culture are perpetuated in Africa. In this paper, the OHADA legislation is described, more specifically from the perspective of one of the Member States, namely the Democratic Republic of Congo, the former Belgian colony. An overview of the uniform Acts relating to the following commercial contracts is given: sale, arbitration agreement, carriage of goods by land, lease for professional purposes, lease of the management of a business, agency and brokerage, pledge, surety, and other guarantees. The uniform Acts modernize the outdated law of the Member States. Some of the introduced innovations are the Trade and Personal Property Credit Register and the Trustee for the guarantees. The French law as it stands in our days (including e.g. the trust-like device of the "fiducie") serves as a model, but so does the United Nations Convention on Contracts for the International Sale of Goods (CISG) and the UNIDROIT Principles. The latter is not faithfully followed, though. For instance, the remedy of the anticipatory breach (provided for in the CISG) did disappear out of the revised uniform Act relating to the general commercial law. The unilateral avoidance for breach of contract (provided for in the UNIDROIT Principles), on the other hand, is only by exception allowed and the exceptional circumstances are not defined. The creditor must normally thus apply to the court for an order resolving the contract. The non-commercial special contracts continue to be regulated by the national law of each Member State. This can produce odd effects, so is the ownership of the goods sold transferred to the buyer at the very moment of the agreement of the contracting parties according to the Congolese Civil Code, while the ownership of the goods sold in Congo by commercial contract takes place at the moment of the delivery since the joining of the OHADA. In the present state of affairs, the general law of contracts (as opposed to the OHADA special rules for the different nominate contracts) remains also part of the national law of the Member States. Obviously, this has to change by all means, if one wants the harmonization of the commercial contracts. This article deals therefore also with a text that should become the cornerstone of the OHADA legislation, i.e., the preliminary draft on general contract law. It follows as close as possible the UNIDROIT Principles and there are good reasons for this, as explained by the draughts man professor M. Fontaine. Unfortunately, this draft is momentarily blocked off backstage by some lawyers steeped in the myth of the French legal culture. It may indeed seem hard to imagine, for instance, that the causa disappears! But then also does the consideration in the UNIDROIT Principles.
23
Boscariol, John. "At the Cross-Roads of US and Canadian Trade Controls: The Cuba Conflict." Global Trade and Customs Journal 5, Issue 6 (2010): 237–49. http://dx.doi.org/10.54648/gtcj2010029.
Texte intégralRésumé :
Canada and the United States are each other’s best trading partners. Our supply chains are deeply integrated. Corporate ownership criss-crosses the border many times over. In the context of foreign policy, although we have differed from time to time in the past, we generally target the same list of ‘bad actors’ – Iran, North Korea, Myanmar among them. Indeed, many of our sanctions programmes have been adopted pursuant to the same United Nations Security Council resolutions that are applied in similar fashion by UN member countries. Our controls on the export of goods and transfer of technology arise from our common commitments under the 1996 Wassenaar Arrangement on Export Controls for Conventional Arms, Dual-use Goods, Technology and other international agreements. It should come as no surprise therefore that in this environment many companies impose a single set of rules or principles regarding export controls and doing business with sanctioned countries. Under the assumption that Canadian and US laws are similar and, that any differences arise from more restrictive elements of US policy, a common default approach is for US companies to graft their US-based export control, economic sanctions policies, and procedures on to their Canadian operations; even some Canadian-based companies doing business in the United States will follow this approach. This is problematic for a number of reasons. Contrary to popular belief, Canadian export controls and economic sanctions can be more restrictive than those of the United States – aspects of the control regime for cryptographic goods and technology and the rules governing trade with and investment in Myanmar are two such examples. More importantly, there are instances in which there is direct conflict between Canadian and US law – that is, compliance with the requirements of one nation’s laws results in contravention of the laws of the other. Two examples of such conflict arise with US military controls under the International Traffic in Arms Regulations and Canadian human rights legislation and with Cuban trade and investment. The latter conflict is the focus of this article.
24
Husieva, Nataliia, and Oleksii Niemets. "Investment policy of Ukraine during full-scale war: immediate measures and future perspectives." Visnyk of V.N. Karazin Kharkiv National University, series Geology. Geography. Ecology, no. 60 (June 1, 2024): 199–214. http://dx.doi.org/10.26565/2410-7360-2024-60-14.
Texte intégralRésumé :
Problem definition. Solving the problems of an unfavorable investment climate and attracting the necessary investment resources for the reconstruction and recovery of Ukraine is impossible without implementing a thoughtful and effective investment policy. The purpose of the article. Objective of the article is to analyze Ukraine's investment policy in conditions of full-scale Russian aggression and to justify possible directions for its improvement based on modern foreign approaches. Results, scientific novelty, practical significance. Over the past two years, Ukraine has taken several important steps that, even in the conditions of a full-scale war, ensure the inflow of investments into the state's economy ($4.25 billion in 2023). Firstly, priority sectors and industries for stimulating investment have been identified. These sectors ensure the livelihoods of citizens and strengthen the state's defense capabilities and, in the future, will become the locomotive for the recovery of the Ukrainian economy. Among them are military-tech (high-tech weapons), metallurgy, mining, and mechanical engineering; agriculture and food industry; IT sector and startups. Additionally, the energy sector, construction industry, retail, housing, and communal services, and production engaged in mobilization orders, medicine, are extremely important. Secondly, a series of measures have been taken to insure investments against war risks: 1) agreements on risk insurance from international organizations with such practices, particularly the Multilateral Investment Guarantee Agency (MIGA) and the International Finance Corporation (IFC); 2) support from partner countries that provide guarantees to their businesses investing in Ukraine (from the USA, Poland, Germany, the United Kingdom, Denmark, and others); 3) a bill on insurance of investments (including domestic ones) against war and political risks through the Export Credit Agency of Ukraine (ECA). Thirdly, work has been done to provide investors with reliable information about the country's investment potential, including creating an information platform for attracting foreign investments "Advantage Ukraine," which gathers over 500 investment projects and opportunities worth over $400 billion in ten economic sectors. Fourthly, the investment activity infrastructure is constantly developing and improving. The Government of Ukraine pays special attention to industrial parks, for the use of which foreign investors are offered significant tax benefits. As of 2024, there are 76 industrial parks in Ukraine. Among other measures of state investment policy are the resumption of privatization, deepening deregulation processes, harmonization of Ukraine's current legislation with EU norms, particularly regarding the improvement of the customs and tax systems, creating conditions for quick investments, amending the law on so-called "investment nannies," expanding the range of potential investors, etc. Also, several important steps have been taken that positively impacted the state's investment image. Ukraine acquired the status of an EU candidate member; the EU countries and some other countries canceled tariffs and quotas on Ukrainian exports; a transport visa-free regime with the EU was introduced; deferral of tax and customs payments, as well as reporting submission, was implemented; digitization of public services was carried out; the Ukrainian energy system was included in the unified European energy system; Ukrainian businesses demonstrated a high level of flexibility and adaptability, and the country – high resilience and loyalty, etc.
25
Menezes, John, and Kavita Batra. "Unpacking Violence: Examining Socioeconomic, Psychological, and Genetic Drivers of Gun-Related Homicide and Potential Solutions." Urban Science 9, no. 6 (2025): 190. https://doi.org/10.3390/urbansci9060190.
Texte intégralRésumé :
Background: Gun-related homicide remains a persistent public health crisis in the United States, with over 48,000 firearm-related deaths reported in 2022, including 19,651 homicides and 27,032 suicides. Despite frequent calls for tighter gun control, firearm access alone does not explain the complexity of violence. Objective: This commentary aims to unpack the socioeconomic, psychological, and biological drivers of gun-related homicide and propose integrative, evidence-based solutions that extend beyond legislative reform. Methods: We synthesized data from peer-reviewed literature, national crime and health databases (e.g., Centers for Disease Control and Prevention and Federal Bureau of Investigation), and international reports. We examined patterns related to poverty, trauma, male aggression, neurobiology, and firearm acquisition, as well as cross-national comparisons with countries like Switzerland and Mexico. Findings: Young males, particularly those aged 10–29, accounted for 50% of homicide offenders in 2022. African Americans experienced homicide rates of 23.1 per 100,000, ten times the rate among Whites. Up to 56% of incarcerated men report childhood physical trauma, and over 40% of those in prison exhibit symptoms of serious mental illness. While firearm legislation varies widely, analysis reveals that over 90% of crime guns are acquired illegally or through informal sources. International comparisons show that poverty and weak rule of law, more than gun laws alone, correlate with elevated homicide rates. Conclusions: Reducing gun violence sustainably requires a multifaceted approach. Authors advocate for investments in trauma-informed mental health care, focused deterrence programs, early childhood interventions, and improved enforcement against illegal gun trafficking. A public health strategy that integrates social reform with targeted regulation holds the greatest promise for long-term change.
26
Berge, Tarald Gulseth, and Ole Kristian Fauchald. "International Organizations, Technical Assistance, and Domestic Investment Laws." World Trade Review 22, no. 1 (2023): 147–72. http://dx.doi.org/10.1017/s1474745622000453.
Texte intégralRésumé :
AbstractCan supranational actors influence domestic policy? In this article, we study how international organizations have sought to shape the contents of domestic laws aimed at protecting foreign investment. Traditionally, the influence of international organizations on public policy has been assumed to run through loan conditionalities. We build on a recent strand of literature indicating that international organizations can also influence public policy through technical assistance. Empirically, we present a cross-sectional mapping of the protection that states offer foreign investors in domestic investment laws, and a mapping of the advisory activities of the three main organizations offering technical assistance on foreign investment laws: the United Nations Conference on Trade and Development, the Organization for Economic Co-operation and Development, and the World Bank. We find that there are significant variations in protection offered under domestic investment laws, and variation in international organizations’ technical assistance over time and across organizations. To explore technical assistance as a causal mechanism for influence on public policy more closely in this field, we conduct a case study of the development of domestic investment legislation in Bosnia and Herzegovina.
27
Kulikovska, Olha, Roman Stupen, Oleksandra Kovalyshyn, and Zorian Ryzhok. "ALGORITHMS FOR OBTAINING A RESIDENCE PERMIT AND PURCHASING REAL ESTATE FOR UKRAINIANS UNDER SPECIAL MARTIAL LAW CONDITIONS." Spatial development, no. 6 (December 26, 2023): 309–20. http://dx.doi.org/10.32347/2786-7269.2023.6.309-320.
Texte intégralRésumé :
Approximately a quarter of the surveyed Ukrainian refugees and IDPs said that they plan to stay in their new places of residence, in the countries of their choice, obtain a residence permit, and purchase real estate. The legislation of Ukraine, like that of other countries, provides that ownership and other real rights to real estate, encumbrances, as well as their creation, transfer and termination, are subject to state registration. Rights to real estate subject to state registration arise from the moment of such registration. In essence, state registration is the fact of public recognition by the state of a person's right to real estate by entering information about it into the State Register of Real Property Rights. However, each country has its own regulatory requirements. Therefore, research into real estate registration procedures and algorithms for obtaining a residence permit is relevant. The study is aimed at identifying the peculiarities and algorithms for obtaining a permanent or temporary residence permit by investing in real estate or business in the country of study. real estate registration for Ukrainian citizens who went abroad during the military operations and intend not to return home but to integrate into other countries. The research objects are 9 countries of the world, namely: Turkey, Greece, Montenegro, the United Kingdom, Cyprus, the United Arab Emirates, the United States, Portugal, and Hungary. These countries are characterized by: attractiveness in terms of residence, democratic development, improvement of the quality of service provision and strengthening of trust in the government by the population, the public and the private sector. The information base of the study was based on collections of scientific papers, periodicals, and Internet resources. Summarizing the results of the study, we have constructed a diagram of the cost of investment real estate for permanent residence for the selected countries. The largest investment is required in the UK, while Montenegro has no requirements for real estate investment at all. 
 It is determined that the procedure for obtaining the right to temporary or permanent residence through investment and registration of real estate may vary, and the package of documents required for registration also differs depending on the specific object and the circumstances of the rights to it. However, there are simple general recommendations that can help protect real estate rights and save time and money: compliance with the country's legislation; creation and proper operation of a unified registration system. This analysis will help to identify ways to implement foreign experience in Ukraine's activities in the future. The practical content is indicated by the target orientation of this study for Ukrainian citizens who are forced to stay abroad, urban planning and cadastre specialists.
28
Upston-Hooper, Karl, Karoliina Anttonen, and Michael Mehling. "Breathing Life into the Carbon Market: Legal Frameworks of Emissions Trading in Europe." European Energy and Environmental Law Review 16, Issue 4 (2007): 96–115. http://dx.doi.org/10.54648/eelr2007011.
Texte intégralRésumé :
Directive 2003/87/EC establishes a scheme for “greenhouse gas emission allowance trading within the Community in order to promote reductions of greenhouse gas emissions in a cost-effective and economically efficient manner.” Given its adoption as a directive, the achievement of this mandate largely depends on the domestic implementation by Member States, and in particular on the creation of a functional carbon market enabling the price mechanism to signal investment decisions throughout Europe. Unlike many other commodities, however, emission allowances are a legal construct, and the legal frameworks reifying them are of crucial importance. Domestic regulation of taxation, financial services, insolvency, and accounting issues, to name but a few, all hold the potential to compromise the development of a liquid market. Based on an extensive survey of the implementing legislation adopted in Finland, Germany, Sweden, and the United Kingdom, this article identifies some of the main challenges faced by the Member States in the evolving carbon market, highlighting aspects whose treatment differs and may lead to conflicts or inconsistencies.
29
Auzin, I. S. "Investment banking as a promising area of banking." Scientific notes of the Russian academy of entrepreneurship 21, no. 2 (2022): 26–30. http://dx.doi.org/10.24182/2073-6258-2022-21-2-26-30.
Texte intégralRésumé :
Financial market participants are constantly trying to implement the adaptation of modern foreign products of banking institutions and innovative service tools as the formation of certain competitive advantages in this market.The Russian financial market is quite dynamic. It is no coincidence that many financial analysts note the fact that Russia is characterized by profound changes in the economic sphere, and especially in the banking services market.As banking institutions, it is customary to consider such organizations that collect funds from citizens of the country with special tools established by law, as well as transfer this capital to the process of use by various legal entities on the basis of the principle of repayment.Over the past few years, the banking institutions themselves have gradually changed their own status with the transformation from an additional financial instrument of the largest corporations into individual players in the market. A fairly rapidly developing area of such banking activity is investment banking (in other words, investment banking).For the first time, investment banking began to appear in the United States in the 30s of the last century, when, on a legislative basis, such banks were united into a separate conglomerate in order to manage the risks that arose as part of speculative operations in financial markets through deposits and customer deposits. This separation was further abolished, and commercial banks were again given the right to provide investment services.The subject of research in the article is the economic relations that arise in the process of intermediary activities of investment banks. The research results consist in identifying the actual features of the development of investment banking within the framework of the main types of investment activities of banks. The author substantiated the advantages of investment banks functioning as financial institutions, the main task of which is to attract investments for companies on a commercial basis or for state and municipal authorities.
30
Sereda, Olena, Yuliia Burniagina, and Nataliia Halkina. "Standards of professional development of employees: international experience and current prospects in Ukraine." Law and innovative society, no. 1 (18) (June 30, 2022): 43–56. http://dx.doi.org/10.37772/2309-9275-2022-1(18)-4.
Texte intégralRésumé :
The scientific article examines the international standards of professional development of workers enshrined in the basic legal acts of the United Nations (Universal Declaration of Human Rights, International Covenant on Economic, Social and Cultural Rights, Conventions and Recommendations of ILO), Council of Europe (European Social Charter (revised), EU (Recommendations and Directives). The provisions of laws and bylaws of Ukraine on the professional development of employees are analyzed. Based on the analysis of international acts and norms of national legislation on professional development, we propose to identify the following standards of professional development of employees: high-quality training of qualified personnel in accordance with state policy priorities; ensuring proper organization of professional development of employees; equal access to professional development programs; continuity, fresh of the process of professional development; constant investment in professional development of staff; introduction of effective mechanisms for motivating staff to professional development and continuing education; compulsory professional development; practical orientation of advanced training programs. The conclusion is made about that the international experience in the field of professional development of employees is taken into account in the development of the national legislative field. Іt is proposed to launch an experimental project in the field of professional development of scientific, scientific-pedagogical, pedagogical workers during a special period; to increase opportunities for training and professional development of Ukrainian citizens abroad on the basis of equivalent tape exchange with other states; create favorable conditions for private investment, involvement of business in the professional development of employees, etc.
31
Othman, Arez Mohammed Sediq. "Investment in Space Resources: Property Rights to Natural Resources Extracted in Space and the Position of Iraqi legal system." Journal of University of Human Development 5, no. 1 (2019): 36. http://dx.doi.org/10.21928/juhd.v5n1y2019.pp36-43.
Texte intégralRésumé :
In the second half of the last century, the space activities have increased paralleled with the rapid development in space technology. The greed of giant corporations has exceeded the universe and tried to reach resources outside Earth. Exploring other planets is not something new, while racing to reach the resources outside earth by private space exploration companies as human’s off earth destiny is quite recent. Many nations have plan to reach the moon by 2020 including the United States who has plan to establish a permanent base on moon by 2024. The ambition to reach outer space is not just for the scientific purposes, but rather to exploit resources form space. As long as space is a common sphere among all the nations, there are many treaties signed and ratified to lay down broad rules and principle to organize the area. Mining celestial materials is one of the issues that does not have a legal framework as private companies are eagerly trying to mine materials which are not existed on earth such as Helium three or any other bodies that are scarce on earth. Until now, the international community has not been successful in establishing a solid legal system to regulate outer space activities. Besides, there are attempts by some countries to have particular legislation allowing private companies to extract natural resources. However, technological, economic and military powers of countries are the major factors in exercising the activities outside our planet due to the special nature of such activities. This paper argues that despite the difficulties of having a consensus over a legal framework, there are many other issues that need to be taken into consideration. Further, the perspective of the Iraqi legal system is also examined with regard to the possibility of adopting particular law on outer space activities. It also argues that although the lack of advanced technological skills might avoid countries reaching outer space, it will not prevent states from adopting specific legislation to regulate private corporations’ attempt to explore in this field.
32
Gilligan, George Peter. "SOX as a window on transference of corporate governance norms across jurisdictions." Northern Ireland Legal Quarterly 60, no. 4 (2020): 403–19. http://dx.doi.org/10.53386/nilq.v60i4.497.
Texte intégralRésumé :
This paper considers the issue of the transference of norms across jurisdictions in corporate governance contexts through the lens of an Australian case study. The paper focuses on the impacts of the United States of America (US) legislation the Sarbanes-Oxley Act 2002 (SOX) from an Australian perspective. The paper draws on a series of semi-structured interviews (n=14), with senior personnel of: accounting firms; business organisations; consumers; financial exchanges; government; institutional investors; investment banks; law firms; private investors; professional associations; and regulators. The findings from the study are that key stakeholders in Australia have taken notice of SOX and its effects in the US, but that the influence of SOX in specifically Australian contexts has been limited. The general perception in Australia seems to be that SOX has had some flaws in its inception and in its subsequent delivery in the US, but also that it has produced some positive outcomes. However, domestic factors and influences are overwhelmingly more important in shaping how financial regulation and corporate governance evolve in Australia. Therefore, it seems that SOX does not signify in any substantive way a regulatory hegemony emanating from the US that determines financial market regulation or the evolution of corporate governance in Australia.
33
Kanchana, Radhika. "United Arab Emirates: Recent Developments in the Protection of the Rights of Migrant Workers and of Women." Yearbook of Islamic and Middle Eastern Law Online 22, no. 1 (2023): 354–61. http://dx.doi.org/10.1163/22112987-20230049.
Texte intégralRésumé :
Abstract This survey reviews some of the key legislative and executive measures of the government of the United Arab Emirates (UAE) in the year 2021–2022, which have relevance to mainly the rights of the migrant workers. Further, and in less detail, this survey also refers to some of the developments pertinent to the rights of women living in the UAE. However, more generally these rights are less relevant to women who are not UAE nationals. The UAE is a member country of the Gulf Cooperation Council (GCC) and a federal state comprising seven emirates namely, Abu Dhabi, Sharjah, Dubai, Umm Al Quwain, Ras Al Khaimah and Fujairah. The GCC comprises six states in the Arab-Gulf region: Oman, Bahrain, the UAE, Kuwait, Qatar and Saudi Arabia. These oil-producing states have a significant proportion of foreign workforce in the population. Foreign workers work mostly in the private sector and are also residents in the host countries. At 88.1 per cent, the UAE has the highest proportion of migrants in its population among the GCC members (UN DESA, 2020). Therefore, a broader spectrum of governments’ measures relating to the issues like labour, entry and residence, and ownership of property or business touch the lives of the foreign/migrant workers or expatriates in the Gulf country. Governments’ initiatives targeting domestic workers are relevant also for women because they comprise the majority in this group. The survey notes that most of the governmental activity in the Emirates in the past year largely concern new laws or amendments of the existing legislation and regulations linked to labour and residency matters. Some of the more relevant ones that the survey has selected here confirms this. It also marks the period post the pandemic, which had posed considerable economic challenge for the government. Hence, as also some neighbouring Gulf countries, the UAE has shown a balance of measures. On the one hand, to revive its economic dynamism and competitiveness, measures have been taken aimed at facilitating more ease and benefits to attract and retain foreign labour and investment in the country. On the other hand, measures have been taken that expressly favour the national workforce in order to boost their more active participation in the labour market and to support increased nationalisation efforts. The UAE government’s expansion and the introduction of new residence and entry visas, unified rules of labour, and the Abu Dhabi government’s initiative with separate personal status law for non-Muslim foreigners in the emirate are a few notable highlights. The survey has essentially drawn on the government’s documents and announcements as available in English or translated text, in addition to information in the press and other relevant sources.
34
Moore, R. K., and R. M. Willcocks. "SOME COMMERCIAL ASPECTS OF PETROLEUM EXPLORATION AND MINING." APPEA Journal 25, no. 1 (1985): 143. http://dx.doi.org/10.1071/aj84014.
Texte intégralRésumé :
The petroleum industry in Australia is at the centre of a web of complex laws. In addition to the legislation under which petroleum exploration and production tenements are granted there is a multiplicity of statutes and regulations, Commonwealth and State, which have a direct bearing on the conduct of those involved in exploring for or exploiting Australia's petroleum reserves. For example, the level of participation by foreigners is governed by the Commonwealth Foreign Investment Guidelines and the Foreign Takeovers Act 1975; the Commonwealth has control over the export of petroleum under the Customs (Prohibited Exports) Regulations and domestic markets are subject to the operation of the Crude Oil Allocation Scheme. The Commonwealth continues to have the right to regulate the transfer of funds to and from Australia under the Banking (Foreign Exchange) Regulations. Certain States such as South Australia and New South Wales have their own foreign investment guidelines.Not only this, there are revenue laws which govern very much the way in which petroleum projects are organised, interests transferred and otherwise dealt with and finance made available, such as State stamp duty legislation, Commonwealth income tax laws, and Commonwealth legislation imposing registration fees on dealings in exploration permits and production licences. A new tax, Resource Rent Tax, is to be introduced.Then there are laws which have an indirect bearing on petroleum activities such as the Companies Code which, in addition to governing the administration and organisation of companies, controls the way funds can be raised.The statutory and regulatory framework is only part of the picture. The rights and obligations of participants in petroleum projects as between themselves are almost always set out in a joint venture or joint operating agreement, the combination between the participants being known as an unincorporated joint venture. This form of business organisation is not a partnership; it is not the creature of legislation. Indeed it has been rarely referred to in Acts of Parliament. Problems arising under the joint venture agreement will be considered against the backdrop of the general law which unfortunately has seldom been called upon to resolve disputes between participants in joint ventures. An illustration of one of these rare instances is Brian Pty Ltd v United Dominions Corporation Ltd (1983), where the New South Wales Court of Appeal considered the fiduciary relationship of joint venturers.Despite this legislative and regulatory' backdrop and the uncertainties as to the true effect of joint venture agreements, the industry up until quite recently has survived with little litigation. This is no longer the case. Recent and pending litigation shows that there is no reluctance on the part of participants to take their disputes to court, often at great expense and with unfortunate results for previously close relationships. It must now be said that money spent to achieve proper and clear agreement on organisational and legal matters at the earliest stage of a project is money just as well spent as that on drilling and other operational activities.
35
Rainero, Christian, Alessandro Migliavacca, and Sara Reano. "Overheads as a Performance Indicator in the Local Public Sector Organizations." International Journal of Business and Management 15, no. 8 (2020): 1. http://dx.doi.org/10.5539/ijbm.v15n8p1.
Texte intégralRésumé :
If we consider business forms from the point of view of satisfying needs, public companies are consumer companies that satisfy collective needs with the aim of redistributing income. They differ from production companies in that they do not have direct access to the market, so that the sources of financing derive from the taxes imposed by law, while the uses concern management costs, capital investments and debt repayments. Maintaining this interpretation, another category belonging to consumer companies is that of non-profit companies, which can be equated partially to public companies precisely because of the absence of a real market of reference and the finding of sources of funding for the performance of the activity mainly from external contributions without consideration. The only difference is inherent in the fact that such contributions cannot be imposed by law and are aimed at assisting and providing services and benefits to the community of reference, in the absence of profit and capital distribution. Therefore, if in the public sector performance is mainly and historically linked to the management of financial resources and public debt, in the field of nonprofit there is a different literature focused more on the control of economic aspects (and in particular the costs of the activity) as performance indicators of the company's activity. At the international level, and in particular in the United States, the use of the incidence of overheads is an element of examination to assess the performance of the non-profit sector. In this article, the subject of analysis is the possibility of using the overhead level to assess the performance of a public body. The analysis is carried out by comparing the incidence of overheads on the revenues of Italian municipalities in the years 2015-2017 with the performance indicators given by the deficit parameters established by current administrative legislation. From this analysis, it is possible to identify the presence of a correlation between the performance indicators and the incidence of overheads, in which the likelihood of the presence of “good”, “excellent” or “excellent” indicators is given by levels of overhead in the region of 10% of the total revenue assessed, with a margin of tolerance of 3% in positive for smaller entities (up to 5,000 inhabitants), and 3% in negative for larger entities.
36
Tsukan, S. V. "International regulation of the turnover of virtual assets: basic provisions and principles." Uzhhorod National University Herald. Series: Law 2, no. 81 (2024): 228–33. http://dx.doi.org/10.24144/2307-3322.2024.81.2.35.
Texte intégralRésumé :
The dynamic development of virtual assets and their introduction into everyday human life and the economy require the world community to build symmetrical international legal regulation. Currently, the world still does not have a unified approach to regulating this financial phenomenon. However, most countries and international institutions do not ignore it and try to create an appropriate legal field to regulate all possible types of these assets.
 The article analyzes the legal regulation of relations in the sphere of circulation of virtual assets in some countries of the world and identifies the most favorable norms for their possible implementation into Ukrainian legislation.
 The experience of regulating virtual assets in the United States of America is singled out, in particular, it is determined that at the federal level of the country, digital assets are considered as property. The general principles of taxation that apply to transactions with property also apply to transactions with virtual assets. It has been studied that the system of regulation of virtual assets in the USA is in the process of development, but the fundamental principles have already been formed.
 The legal field of regulation of virtual assets in Great Britain is analyzed. The announced intentions of the government in 2017 to make the United Kingdom the best place in the world for the development of digital business are becoming a reality, the confirmation of this is the high level of regulation of the sphere of circulation of virtual assets.
 The experience of Germany is singled out, where virtual assets are not considered a means of payment, currency or foreign currency. Regulators classify them as a financial instrument or asset, subject to securities and investment-related rules and laws. The country’s legislation contains both detailed regulation of the activities of service providers, users and investors, as well as a system of tax benefits and exemptions. The legal regulation of virtual assets in Singapore, which is one of the most loyal to virtual assets in Asian countries, is analyzed.
 The conclusion was formulated that when developing a mechanism for legal regulation of virtual assets and blockchain technologies in Ukraine, it is necessary to take into account the international experience of countries where relevant regulatory acts already exist and there is experience in law enforcement.
37
KOPAN, Тetiana. "MARKETING OF TELECOMMUNICATION AND INFORMATION TECHNOLOGIES: WORLD AND NATIONAL DIMENSIONS." Ukrainian Journal of Applied Economics 4, no. 4 (2019): 32–40. http://dx.doi.org/10.36887/2415-8453-2019-4-4.
Texte intégralRésumé :
Introduction. The development of the information and communication technologies (ICT) market creates the conditions for further growth of other sectors of the economy. ICT companies provide companies, individuals and government with software, Internet, mobile and fixed communications, and so on. The purpose of the article is to study the current state of the ICT market in the world and in Ukraine, to identify major trends and threats for further development of the ICT market. Results. The ICT market is one of the largest dynamically developing markets in the world. Research conducted by leading consulting companies in the world shows that after 2020, the market can grow from 13 to 33 trillion and the blockchain market to 3.1 trillion $. International Data Corporation emphasizes that digital technologies and solutions can reach 60% of global GDP by the end of 2022. The world leader in the number of ICT corporations is the United States, with headquarters of the 65 world's largest companies, 20 in China, Taiwan - 17, Japan - 14, South Korea - 6, India - 5 companies. The IT services market accounts for 0,5% of the global IT services market. In Ukraine there are 125 registered self-employed individuals that are used by large companies to optimize their tax burden. Income of such American ICT companies such as Apple, Amazon, Alphabet, Microsoft significantly exceeds the size of the state budget of Ukraine, and part of the revenues from the ICT market occupies only 4,5% of GDP, which is clearly insufficient and is evidence of an economic development lag. Conclusions. The imperfection of domestic legislation, the lack of incentives for ICT organizations, the possibility to monopolize the market, the insecurity of the interests of individuals and private companies do not stimulate foreign investments in this sector of the economy. In spite of this, Ukraine has a great potential for its growth, for which it is necessary to develop a national concept and model for the development of the ICT market, to restrain the departure of specialists abroad, to ensure the implementation of the business-state partnership strategy, etc. Keywords: telecommunications market, IT market, telecommunications market and IT services, marketing research, investments, ICT companies.
38
Clark, T. A. "The State—Local Regulatory Nexus in US Growth Management: Claims of Property and Participation in the Localist Resistance." Environment and Planning C: Government and Policy 12, no. 4 (1994): 425–47. http://dx.doi.org/10.1068/c120425.
Texte intégralRésumé :
Influenced possibly more by volume than substance, some scholars have concluded that significant progress is being realized in state-level land-use regulation in the United States. In truth, more time must pass before a definitive evaluation of the more comprehensive efforts can be made. In this critical paper I examine the statewide growth-management legislation of the four states having tripartite (local—regional—state) administrative hierarchies: Florida, Vermont, Maine, and Georgia. There and elsewhere, numerous structural compromises have won adoption. Bold declarations of regulatory intent are found here often to be wrapped around ambiguous and easily subverted administrative mechanisms and standards. With prima facie evidence of significant structural shortcomings in hand, I then restore focus on the founding debates in search of a synthesis that might be more supportive of regional growth management. Using the theory of local autonomy as a starting point, I disentangle the normative foundations of the Liberal ethic of local participation and ‘control’, and of private rights in property. The centralization of growth management is seen by its proponents as a means to regionalize the ‘public interest’ in land use, positing a new and more expansive norm defining the public's interest in private property. Opponents, on the other hand, resist the public encumbrance of private land, and find in centralization a regionalized ‘public’ desirous of greater control and less amenable to private influence. In these opposing views, however, lies the possibility of less conflicted, more efficacious regional growth-management enactments. Centralization, I conclude, can actually deepen the capacity for ‘local’ participation yet at the same time extend its domain to matters of regional concern. The result can improve the capability of the local state to manage spillovers, achieve more sustainable patterns of growth, and facilitate more satisfactory templates of private investment and equity accumulation.
39
Kanchana, Radhika. "Oman: Recent Developments in the Protection of the Rights of Migrant Workers and of Women." Yearbook of Islamic and Middle Eastern Law Online 22, no. 1 (2023): 298–303. http://dx.doi.org/10.1163/22112987-20230043.
Texte intégralRésumé :
Abstract This survey is a review listing some key legislative and executive measures of the government of Oman in the year 2021–2022, which have relevance to mainly the rights of the migrant workers. Further, and in less detail, this survey also refers to some of the developments pertinent to the rights of women living in Oman. However, more generally these rights are less relevant to women who are not Omani nationals. Oman is a member country of the Gulf Cooperation Council (GCC). The GCC comprises six states in the Arab-Gulf region: Oman, Bahrain, the United Arab Emirates (UAE), Kuwait, Qatar and Saudi Arabia. These oil-producing states have a significant proportion of foreign workforce in the population. Foreign workers work mostly in the private sector and are also residents in the host countries. At 46.5 per cent, Oman has a relatively lower proportion of migrants in its population among the GCC members (UN DESA, 2020). Therefore, a broader spectrum of governments’ measures relating to the issues like labour, entry and residence, and ownership of property or business touch the lives of the foreign/migrant workers or expatriates in the Gulf country. Governments’ initiatives targeting domestic workers are relevant also for women because they comprise the majority in this group. The survey notes that most of the governmental activity in Oman in the past year largely concern new laws or amendments of the existing legislation and regulations linked to labour and residency matters. Some of the more relevant ones that the survey has selected here confirms this. It also marks the period post the pandemic, which had posed considerable economic challenge for the government. Hence, as also some neighbouring Gulf countries, Oman has shown a balance of measures. On the one hand, to revive its economic dynamism and competitiveness by facilitating more ease and benefits to attract and retain foreign labour and investment in the country. On the other hand, with measures such as increased nationalization effort and support expressly favouring the national workforce to boost their more active participation in the labour market. The new labour law declared by the Omani government and its signing of the Maritime Labour Convention are a few notable highlights. The survey has essentially drawn on the government’s documents and announcements as available in English or translated text, in addition to information in the press and other relevant sources.
40
Baklanova, K. V. "The impact of financial literacy and legal education of the population on economic stability in Ukraine." Uzhhorod National University Herald. Series: Law 3, no. 86 (2025): 227–31. https://doi.org/10.24144/2307-3322.2024.86.3.34.
Texte intégralRésumé :
The article demonstrates the importance of the financial and legal significance of the citizens as key officials, which plays into the economic stability of the country, especially in the minds of the current outcry after the war. It is established that financial literacy promotes the ability to effectively manage specific finances, including making decisions about lending, investing, investments and income planning. It is important to emphasize that citizens, who had acquired basic knowledge of financial management, were able to quickly adapt to new realities, securing themselves financial reserves and earning several incomes. The importance of legal awareness plays a vital role in the formation of an informed approach to financial obligations, compliance with legislative norms and protection of the rights of financial service providers. The article focuses on the current state of financial and legal education in Ukraine. Analyzed by the government’s programs aimed at different target population groups - children, young people, adults, and enterprises. We are looking closely at the bright initiatives that are implemented through online platforms, interactive courses and webinars, which have become especially relevant in the minds of distance learning and the need for rapid adaptation to economic change It is important to develop financial literacy programs in schools, especially for the adult population, including educators, who are faced with the need to understand sophisticated financial solutions. The potential for more comprehensively informed approaches to addressing new economic pressures, such as the crisis associated with the over-the-world fence, insufficient level, is being considered. investment activity and the need for financial stability in the hour of war. The infusion of financial and legal awareness into socio-economic development has been traced through the analysis of international evidence. Respect is given to the United States, where the promotion of financial literacy programs in universities and through specialized courses has contributed to increased financial discipline among the population, the development of entrepreneurship, and increased zagalnogo goodness of the giants. Therefore, the work emphasizes the strategic importance of integrating financial and legal education into the national education system, as this will contribute to economic stability, the formation of a financially independent, knowledgeable and law-abiding society.
41
Kent, Jeremy A. "Space Resource Development and Property - Clarifying Usufruct." Journal of Air Law and Commerce 90, no. 1 (2025): 41–72. https://doi.org/10.25172/jalc.90.1.3.
Texte intégralRésumé :
This article examines competing legal frameworks for governing property rights in outer-space resources through a comparative analysis of two distinct approaches: the rule of capture and the concept of usufruct. The increasing interest in commercial space activities, such as mining the Moon and asteroids, has raised questions about the legal frameworks governing property rights in space resources. The growing challenge is that while the Outer Space Treaty (OST) serves as the foundation for space law, it does not explicitly address property rights in the resources humankind increasingly can extract from the space domain. The rule of capture is a legal principle that allows the first individual to take possession of a resource to obtain ownership. While the rule of capture offers a pragmatic solution, its winner-take-all nature potentially undermines the interests of other space actors. The framework may lead to a race for resources and potential conflicts, undermining the OST’s principles of international cooperation and peaceful uses of outer space. Furthermore, the rule of capture may not adequately protect the interests of non-space-faring nations. In contrast, the usufruct theory, which allows individuals to use and enjoy extracted resources without permanently owning the underlying property from which it originates, presents a more balanced approach, reconciling individual resource utilization with the international community’s stake in preserving resources for future generations. By examining the Outer Space Treaty’s provisions on stewardship, peaceful use, and equitable access, this article reveals that states have implicitly adopted a usufruct-based approach to space resource development, as evidenced by its provisions on non-appropriation, free access and use of outer space, stewardship duties, and recognition of state jurisdiction over their space activities. State practice, such as national legislation enacted by Japan, Luxembourg, the United Arab Emirates, and the United States concerning private ownership of extracted space resources, further supports the conceptual integration of usufruct within the OST. However, as commercial space activities expand, the international community must further develop appropriate norms and legal frameworks to balance resource preservation with the economic incentives necessary for responsible space development. It is essential to balance the duty to preserve space resources for future generations with the need to incentivize investment in their development. The concept of usufruct appears to be the most suitable framework for distributing resources from outer space into private hands for the benefit of others. This approach aligns with the OST’s objectives and considers the corresponding interests of all actors in space. However, further legal framework development and international cooperation are needed to responsibly promote commercial expansion and build consensus on the equitable benefit of utilizing space resources for humankind.
42
Matviishyn, Yevhen, and Yurii Vershyhora. "Prospects of using public and private partnership for the reconstruction of Ukraine in the post-war period." Democratic governance 30, no. 2 (2022): 29–43. http://dx.doi.org/10.23939/dg2022.02.029.
Texte intégralRésumé :
Problem statement. Because of the military aggression of the Russian Federation, the Ukrainian people and the authorities face demanding challenges regarding the reconstruction of the country. One of the main priorities during the recovery in the post- war period is to find new, alternative sources of financing, in particular, using the advantages of public and private partnership (PPP). Analysis of recent research and publications. The proposals of Ukrainian and foreign researchers and practitioners regarding the PPP mechanism application for implementing the reconstruction of public and industrial buildings, construction and management of new highways, and other projects may be valuable for post-war reconstruction of Ukraine. Additional research on the PPP specifics in martial law and the post-war period is necessary to improve the regulatory and institutional support of public and private partnership and investment activities. Highlighting the previously unsolved parts of the general problem. Identification of opportunities for increasing the transparency of relevant measures, improving legislation related to the PPP, including in the field of concession instruments, development of proper institutional support for the PPP are significant areas of research related to the further development of public and private partnership in Ukraine, in particular, in the conditions of martial law and the post-war period. Presentation of the main material. Restoring the functioning of critical infrastructure facilities as soon as possible and gradual reconstruction of other objects which are necessary for the full life of the country are the essential tasks of Ukraine. It is not possible to put the financial burden only on the state and local budgets in a short period. Private investments should be attracted through the PPP mechanism, which, according to the experience of other countries, is one of the most effective ways to attract funds for developing the infrastructure and providing services to consumers in many fields. The experience of countries that have rebuilt their national economies after military conflicts in recent decades is helpful. The legislation of the Republic of Serbia uses the term "Public contract" and the concept of public and private partnership, which enables central and local authorities to meet infrastructure needs. The use of PPP in this country allows attracting private capital for construction and operation of roads, schools, water supply, landfills, and other projects in a lack of budgetary funds. The experience of other countries in promoting PPP development shows the effectiveness of the functioning of specialized institutions. For example, the Kosovo PPP Committee promotes and supports the implementation of PPP in many sectors of the economy to provide more efficient infrastructure and public services at a lower cost. According to the analysis of international experience, the most common reconstruction projects using PPP in the world are those implemented in the road and transport infrastructure, port, railway, and aviation activities, pipeline infrastructure development, stadiums, etc. The historical example of the aid of the United States of America to European countries after the Second World War is valuable. Accordingly, it is institutionally appropriate to provide help to Ukraine through a specialized agency with the participation of donor countries and in agreement with the International Monetary Fund and the World Bank. Similarly to the "Marshall Plan", it would be appropriate for aid recipients to provide detailed plans and reports on investment projects and the progress of their implementation to the created agency that would establish and regulate the relevant criteria and requirements. Creating the national coordinating body in Ukraine, developing a strategy and determining priorities for the country’s recovery, and forming the central and regional project management teams are necessary steps for combining public finance and private investment. It is essential, in particular, in conditions of concession, which provide for the transfer of the state or municipal property to a private investor for temporary use. Moreover, there should be provided the availability of information and transparency of the activities of relevant institutions and equal opportunities for potential private investors to participate in PPP projects for restoring Ukrainian facilities. Conclusions and prospects for further research. The public and private partnership mechanism aims at increasing the efficiency and quality of the implementation of reconstruction projects and commissioning the new facilities within the post-war reconstruction of Ukraine. The transparency of investment activities based on the PPP mechanism and the rational distribution of powers in cooperation with interested parties should play an important role. The experience of European countries that carried out reconstruction after military conflicts indicates the feasibility of developing institutional support for the PPP mechanism and transparency of information and activities of the relevant institutions. It is advisable to conduct further research on the problems of reconstruction of Ukraine involving the public and private partnership mechanism by improving the institutional support of investment processes in Ukraine.
43
Nycum, Susan H. "Computer Crime Legislation in the United States." Israel Law Review 21, no. 1 (1986): 64–89. http://dx.doi.org/10.1017/s0021223700008906.
Texte intégralRésumé :
Thirty-three states have enacted statutes that encompass in some way what is referred to in this paper as “computer crime”. In some states, computer crime laws are referred to as such only because of the inclusion of the word computer in some general provision. In others, complex and specific statutes exist.Each of the computer crime state statutes presently in effect has its own peculiar combination of a variety of possible offenses. The bulk of the statutes proscribe as computer crime a core set of activities such as accessing, altering, damaging or destroying a computer with the intent to devise or execute any scheme or artifice to defraud or deceive. This “computer crime”, and a few others to be outlined later, are found in a majority of the state statutes with some individual variations. This paper presents a list of computer crimes common to many of the statutes, describes variations in those crimes and examines in more detail the unusual crimes.
44
Erpyleva, Natalia Yu. "Categories of foreign investments and foreign investor in the national legislation and international treaties of the member states of the Eurasian Economic Union." Gosudarstvo i pravo, no. 12 (2022): 119. http://dx.doi.org/10.31857/s102694520023307-8.
Texte intégralRésumé :
This article discusses the notion of categories of foreign investments and foreign investor in the law of the EAEU member states through the prism of three levels of legal regulation: national legislation, bilateral and multilateral international treaties. The national legislation of the EAEU member states that regulates foreign investments, although is based on commonly used legal structures and instruments, within the framework of the conceptual apparatus can differ significantly in the recipient state of the foreign investments and in the state of origin of the foreign investor, which requires close attention and detailed study of the regulatory legal acts of each EAEU member state. Along with the rules governing foreign investments and the status of a foreign investor under Eurasian law, the EAEU member states apply the rules of bilateral agreements on the promotion and protection of investments that are in force not only between them, but also with the third states. In addition, there is also a multilateral international treaty for the four EAEU member states, namely the Moscow Convention of the CIS. This circumstance is due to the participation of Russia, Armenia, Belarus, Kazakhstan and Kyrgyzstan simultaneously in three integration processes – within the framework of the EAEU, the CIS and the SCO.
45
Hadiyantina, Shinta, Dewi Cahyandari, Bahrul Ulum Annafi, and Nandharu Ramadhan. "The Tendencies of Cryptocurrency Policies in Indonesia." Lentera Hukum 11, no. 2 (2024): 257. http://dx.doi.org/10.19184/ejlh.v11i2.40095.
Texte intégralRésumé :
Cryptocurrency has set intriguing and innovative trends in investment amidst the fluctuating global economy following government policies. This research aims to investigate the trends of policies of cryptocurrency in Indonesia, seen from the perspective of taxation and investment laws. Low tax charged in Indonesia is seen as relaxation by investors and cryptocurrency users, while the trends in legal policies concerning investment are experiencing hyper regulations in legislative products set to assure investors, in comparison to those of other countries. These trends attract some attention from investors and cryptocurrency users from abroad. This research is a unique offering that will illustrate which countries are suitable and friendly for businesspeople to carry out crypto business activities. The methodology used in this study is normative research with a conceptual approach and comparative law. The research results are expected to shed light on foreign investors wishing to invest their money in cryptocurrency businesses by considering the low tax from the perspective of current taxation law in Indonesia compared to those in Canada, the United States, and Singapore. According to the details of taxation in Canada, the United States, and Singapore, it is obvious that Indonesia gives ease to foreign cryptocurrency investors in Indonesia from the aspect of taxation law. The countries compared seem to charge very high taxes for cryptocurrency users and businesses in investment cryptocurrency. This comparison gives easier access to foreign investors to invest their assets for the development of cryptocurrency businesses and companies in Indonesia by considering the amounts of taxes imposed on cryptocurrency businesses and users. Indonesia makes it easier for foreign cryptocurrency investors in Indonesia compared to Canada, the United States, and Singapore from a tax law perspective. In terms of investment regulations, Indonesia has broader laws and regulations compared to other countries, where the investment process involving cryptocurrency businesses in Indonesia receives sufficient attention from these laws and regulations.KEYWORDS: Cryptocurrency, Investment Law, Taxation Law.
46
Rachim, Kania Venisa, Christo Sumurung Tua Sagala, and Eddy Mulyono. "Omnibus Law dalam Konstitusi Indonesia." Ajudikasi : Jurnal Ilmu Hukum 7, no. 1 (2023): 17–34. http://dx.doi.org/10.30656/ajudikasi.v7i1.6485.
Texte intégralRésumé :
The Omnibus Law is often discussed and debated, especially in its implementation in Indonesia. Omnibus Law is considered as a solution to make legislation more efficient, Omnibus Law is something new in the formation of legislation in Indonesia. Previously, the Omnibus Law was often used in the common law legal system, and several civil law countries have also implemented the Omnibus Law. In this study, the authors examine the United States and the Philippines. The concept of the Omnibus Law is not only used for one type of law but has penetrated into other sectoral laws. In the Philippines, since 2003 the Omnibus Law has been enacted as a method for forming legislation. It is different from the United States, which has implemented the Omnibus Law since 1850. This research refers to a comparison of the Omnibus Law in the Philippines because the Philippines is a country in the Southeast Asia region just like Indonesia and adheres to a legal system that combines common law and civil law which does not very different from Indonesia, further comparison with the United States Omnibus Law, because the United States is also one of the countries that is the mecca of world law. This study uses normative legal research, using secondary data which is processed using qualitative techniques. This study uses a comparison of two countries which makes this research different from other research related to the Omnibus Law, with the aim of examining the position of the Omnibus Law in Indonesia and making comparisons with the United States and the Philippines.
47
Joyner, Christopher C. "United States legislation and the polar oceans." Ocean Development & International Law 29, no. 3 (1998): 265–90. http://dx.doi.org/10.1080/00908329809546126.
Texte intégral
48
Bonnitcha, Jonathan. "What is the Problem with Investment Disputes? The Case of the Draft Legislative Guide on Investment Dispute Prevention and Mitigation." AJIL Unbound 118 (2024): 230–35. http://dx.doi.org/10.1017/aju.2024.43.
Texte intégralRésumé :
Embedded in any policy proposal is a set of assumptions about the problem that the policy is intended to solve.1 As policy processes play out, some of these assumptions are contested by the actors involved, while others remain latent. Policy discussion about institutionalizing investment dispute prevention reflects a set of assumptions concerning the problem of investment disputes. In this contribution, I examine assumptions embedded in the development of, and the response to, the United Nations Commission on International Trade Law (UNCITRAL) Secretariat's 2023 Draft Legislative Guide on Investment Dispute Prevention and Mitigation. The Draft Legislative Guide represents the high-water mark of efforts to develop a model of investment dispute prevention that could be rolled out at the domestic level. I make three main arguments. First, both the Draft Legislative Guide itself and wider policy discussion assume that investment disputes develop independently of the cognitive and institutional environment in which they occur. As a result, policy discussion overlooks the extent to which dispute prevention initiatives can, counter-intuitively, produce investment disputes. Second, policy discussion of investment dispute prevention assumes that investment disputes have their roots in coordination failures across government, rather than democratic processes, distributive conflicts, or tensions between the interests of investors and wider public interests. This premise, and its implications, deserve much closer critical scrutiny. Third, institutionalized models of investment dispute prevention of the sort envisaged by Draft Legislative Guide are almost exclusively found in developing states. The dispute prevention agenda needs to grapple openly with the fact that advice is being given to developing states to establish dispute prevention institutions that have no equivalents in the domestic systems of developed states.
49
Storm, Ansia, and Katrina Coetzee. "Towards Improving South Africa's Legislation On Tax Evasion: A Comparison Of Legislation On Tax Evasion Of The USA, UK, Australia And South Africa." Journal of Applied Business Research (JABR) 34, no. 1 (2017): 151–68. http://dx.doi.org/10.19030/jabr.v34i1.10106.
Texte intégralRésumé :
The fight against tax evasion in South Africa is an ongoing battle. The tools available to law enforcement boil down to legislation and the enforcement thereof. The purpose of the study that was done for this article was to compare available legislation of the United States of America, United Kingdom, Australia and South Africa to determine if South Africa’s legislation can be improved. This was done by studying the relevant literature and legislation of all four countries. The findings, that there is some clauses that can be added to improve South Africa’s legislation, were confirmed by analyzing the legislation available. In theory, the results have proven that although South Africa’s legislation can compete with that of the United States of America, United Kingdom and Australia, there is some improvement that can be considered. This is of value to the individuals and professionals who deal with the offence of tax evasion on a daily basis, ensuring that the reviewed legislation will deter perpetrators or that the charges brought against them in the court of law will ensure harsher punishment.
50
Kudryashova, Yuliya Mikhailovna. "Legislation on direct foreign investment in the Russian Federation and the United States: comparative-legal analysis." Право и политика, no. 7 (July 2020): 61–73. http://dx.doi.org/10.7256/2454-0706.2020.7.33497.
Texte intégralRésumé :
This article analyzes the investment legislation of the Russian Federation and the United States. The subject of this research is the specific normative legal acts regulating direct foreign investments in the indicated countries, while the object is the relations emerging in the process of foreign investment activity.  The author provides the examples of various factors in the area of foreign investment for the purpose of their comparison and determination of specificity of their practical implementation. The reference to doctrinal sources allowed to clearer explain the author’s position of the topic. The scientific novelty and relevance of this work are substantiated by examination of investment activity, which greatly impacts the economy of modern countries. The author’s special contribution lies in studying the experience of U. S. legislation with regards to direct foreign investments. The main conclusion consists in the fact that both jurisdictions have a well-developed mechanism for regulating investment relations, as well as both countries feature a number of restrictions that can face a foreign investor. The need for improvement of Russian legislation is underlined. The acquired results can be used in legislative and expert activity, as well as in further theoretical-legal research.