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1
Svoboda, Ondřej. « Julien Chaisse (ed.) : China's International Investment Strategy : Bilateral, Regional, and Global Law and Policy ». Czech Journal of International Relations 55, no 2 (1 juin 2020) : 73–75. http://dx.doi.org/10.32422/mv.1697.
Texte intégralRésumé :
The phenomenal story of China’s ‘unprecedented disposition to engage the international legal order’ has been primarily told and examined by political scientists and economists. Since China adopted its ‘open door’ policy in 1978, which altered its development strategy from self-sufficiency to active participation in the world market and aimed at attracting foreign investment to fuel its economic development, the underlying policy for mobilizing inward foreign direct investment (IFDI) remains unchanged to date. With the 1997 launch of the ‘Going Global’ policy, an outward focus regarding foreign investment has been added, to circumvent trade barriers and improve the competitiveness of Chinese firms, typically its state-owned enterprises (SOEs). In order to accommodate inward and outward FDI, China’s participation in the international investment regime has underpinned its efforts to join multi-lateral investment-related legal instruments and conclude international investment agreements (IIAs). China began by selectively concluding bilateral investment treaties (BITs) with developed countries (major capital exporting states to China at that time), signing its first BIT with Sweden in 1982. Despite being a latecomer, over time China’s experience and practice with the international investment regime have allowed it to evolve towards liberalizing its IIAs regime and balancing the duties and benefits associated with IIAs. The book spans a broad spectrum of China’s contemporary international investment law and policy: domestic foreign investment law and reforms, tax policy, bilateral investment treaties, free trade agreements, G20 initiatives, the ‘One Belt One Road’ initiative, international dispute resolution, and inter-regime coordination.
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Sharafutdinova, Gulnaz, et Karen Dawisha. « The Escape from Institution-Building in a Globalized World : Lessons from Russia ». Perspectives on Politics 15, no 2 (juin 2017) : 361–78. http://dx.doi.org/10.1017/s1537592717000068.
Texte intégralRésumé :
Strong institutions and accountable governments are imperative for any country’s long-term prosperity. Yet the development of such institutions has presented a continuous challenge for many countries around the world. Using Russia as a case, this study brings attention to the unexpected negative impact of global interdependence and shows that institutional arbitrage opportunities have enabled economic actors to solve for institutional weaknesses and constraints in the domestic realm by using foreign institutions, thereby limiting the emergence of a domestic rule of law regime. We argue that such opportunities lower the propensity of asset-holders, normally interested in strong institutions at home, to organize collective action to lobby for better institutions. We demonstrate the main ways through which Russia’s capital-owners make use of foreign legal and financial infrastructures such as capital flight, the use of foreign corporate structures, offshore financial centers, real estate markets, the round-tripping of foreign direct investment, and reliance on foreign law in contract-writing and foreign courts in dispute-resolution.
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Xiaoyang, Zhang. « China’s New Foreign Investment Law ». Amicus Curiae 2, no 1 (23 octobre 2020) : 79–94. http://dx.doi.org/10.14296/ac.v2i1.5212.
Texte intégralRésumé :
China’s legal framework for governing foreign investment has recently been considerably streamlined in comparison to its former self. The newly promulgated Foreign Investment Law of the People’s Republic tends to level the investment playing field in the country so that foreign investors can no longer enjoy significant privileges that have been unavailable to domestic firms and entrepreneurs. Operating a relatively nondiscriminatory mechanism, such as has been introduced, will in practice mean reliance on a negative list approach to confine inflows of overseas capital to specifically identify sensitive sectors. As China has committed its market to opening up on a much grander scale in the foreseeable future, the new foreign investment regime and accompanying ideology may not necessarily deter foreign investors from looking for opportunities in the foreseeable future.
Keywords: China; foreign investment; negative list; market opening-up
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Licht, Amir N. « Cross-listing and corporate governance : Bonding or avoiding ? » Corporate Ownership and Control 1, no 4 (2004) : 36–48. http://dx.doi.org/10.22495/cocv1i4p3.
Texte intégralRésumé :
In their seminal survey of corporate governance, Shleifer and Vishny distill the issue into a blunt question: "How do [the suppliers of finance] make sure that managers do not steal the capital they supply or invest it in bad projects?" The Enron/Arthur Andersen debacle and the ensuing wave’s of scandal vividly proved that American investors may face this question in the most acute form. To the extent that corporate governance issues play a role in the cross-listing decision, it is a negative role. Generally speaking, the foreign issuer regime "cuts corners" exactly on the issues of corporate governance relating to corporate insiders. The notion that issuers may want to improve their corporate governance by subjecting themselves to a better regulatory regime through cross-listing—say, on an American market—is appealingly elegant. If an American firm could use an NYSE listing to bond its insiders to better governance standards, why couldn’t foreign firms do the same? In an oft-cited 1999 article, Jack Coffee argues that they do just that: In other cases, however, the cross-listing may not entail corporate governance improvements. The cross-listing literature refers to differences in investor protection in three separate respects. In practice, however, foreign issuers can easily obtain an exemption from corporate governance listing requirements. The notion that corporations can self-improve their corporate governance by opting into a foreign country’s legal and regulatory regime through cross-listing has made considerable inroads into the legal and finance literature.
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Ojogbo, Samuel E., et Nwanneka V. Ezechukwu. « Shareholder Protection : A Comparative Review of the Corporate Legal / Regulatory Regimes in the UK and Nigeria ». Journal of African Law 64, no 3 (7 septembre 2020) : 399–424. http://dx.doi.org/10.1017/s0021855320000200.
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AbstractForeign investment is a major source of the capital that Nigeria and other developing markets need to promote economic activities and drive economic development. While profit mainly drives the decision to invest abroad, such decisions are also influenced by the safety of any actual investments made. Thus, investors are interested in the laws and regulations that offer them protection against corporate insider opportunism. In Nigeria, the relationship between corporate actors is mainly regulated by the Companies and Allied Matters Act (CAMA). This article investigates the corporate legal and regulatory protection for corporate shareholders in Nigeria and the UK. Comparing the corporate regulatory regime in the two jurisdictions, this article argues that the identified weaknesses in the Nigerian regulatory framework negatively impact the growth of foreign investment in the country. In view of these weaknesses, the article suggests a major review of CAMA and other regulatory instruments with a view to addressing the protection of small investors and “outsiders”, such as foreign investors.
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Rezvorovych, Krystyna. « Certain aspects of the legal regulation of joint investment institutions operation in the EU ». Naukovyy Visnyk Dnipropetrovs'kogo Derzhavnogo Universytetu Vnutrishnikh Sprav 5, no 5 (30 décembre 2020) : 155–59. http://dx.doi.org/10.31733/2078-3566-2020-5-155-159.
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The scientific article analyzes the peculiarities of the legal regulation of the joint investment insti-tutions of the European Union. The concepts and types of joint investment institutions have been defined, the legal regime and the peculiarities of their activity have been analyzed. The state in which the right conditions for investment funds are created has in their person an ef-fective mechanism for the development of the securities market, which play a significant role in the cross-sectoral redistribution of capital, enhance the stability of the stock market, stimulate both the internal investment process and foreign investment, promote empowering the state with regard to domestic bor-rowing. The positive role of co-investment institutions in the macroeconomic context is confirmed by the preferential nature of investment funds taxation (or lack thereof), which is characteristic of the national legislation of the vast majority of countries.
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Jilkine, V. A. « Introduce CRS Standards for the Automatic Exchange of Tax Information into International Practice and Improve the Legal Regime on Controlled Foreign Companies ». Russian Journal of Legal Studies 5, no 4 (15 décembre 2018) : 70–75. http://dx.doi.org/10.17816/rjls18446.
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Countering crime in taxation area is one of the crucial tasks since this type of offence encroaches upon the economic principles and the power of the state, promotes development of corruption ties and therefore is deemed to be among the most dangerous perils to the national financial security. The Tax Policy Centre of the Organization for Economic Co-operation and Development has launched a system, within the framework of the Automatic Exchange Portal, for disclosure of schemes aimed at circumventing the single standard (CRS) for automatic exchange of information on taxpayers’ accounts. The law on the place of residence (location) is applicable in terms of international private law pertaining to OECD information exchange rules. The legislation on controlled foreign companies proved to be the legislators’ response, in most of the developed countries, to minimization of taxation in offshore zones, having the purpose to prevent tax evasion through offshore companies established in jurisdictions with minimal taxation. On 27.12.2017, within the framework of the course for counteracting offshore structures and obtaining unreasonable tax benefits, certain amendments were introduced in Federal Law No. 376-ФЗ, with specification of conditions for classifying a foreign company as a controlled foreign company; setting the criteria for recognizing individuals and organizations to be controlling entities; introducing a procedure for taxation and exemption of controlled foreign company’s profit from taxation. In this regard, it is necessary to draft a number of laws aimed at development of mechanisms for return of capital to the Russian jurisdiction and regulation of legal norms intending to release business representatives from paying the 13-percent tax in the event of termination of their business abroad.
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Доронина, Наталия, et Nataliya Doronina. « Regulation Principles as Source of Legal Rule Interpretation (on the Example of Bilateral Agreements on Capital Investments’ Protection) ». Journal of Russian Law 4, no 5 (4 mai 2016) : 0. http://dx.doi.org/10.12737/19223.
Texte intégralRésumé :
Protection of a foreign investor is usually based on the national Law of the State — participant of the investment dispute. This is envisaged by Article 42 of the Washington Convention on Settlement of Investment Disputes between States and Nationals of Other States of 1965. The same article allows applying in certain cases the principles and the rules of international law to settle the conflict. It is an ordinary ICSID practice to judge on the jurisdiction of the ICSID arbitration basing on the rule of bilateral investment agreements between the governments of States, which are the international agreements fixing mutually favourable investment regime between the States — Parties to the Agreement. The incorrect interpretation of the Articles of the Agreement leads to expansion of the sphere of jurisdiction of ICSID arbitration and the infringement of the basic principle of international law on respect of sovereignty of a State. Such interpretation also makes it difficult to apply the European Law as an applicable law in the settlement of investment disputes against the States – members of the European Union.
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Owusu-Nantwi, Victor. « Foreign direct investment and institutional quality : empirical evidence from South America ». Journal of Economic and Administrative Sciences 35, no 2 (3 juin 2019) : 66–78. http://dx.doi.org/10.1108/jeas-03-2018-0034.
Texte intégralRésumé :
Purpose The purpose of this paper is to investigate the effect of institutional quality on foreign direct investment (FDI) flows in South America. Design/methodology/approach The study uses two-stage least squares (2SLS) and fixed effect ordinary least squares regression analyses to examine the relationship between institutional quality and FDI in South America. Findings The study finds a significant positive relationship between institutional quality index and FDI. This implies that improvements in the institutional quality relate to increases in the flow of FDI to South America. Domestic capital, GDP per capita growth, and trade positively relate to FDI. However, the coefficient of trade is not significant. This implies that increases in these variables relate to increases in FDI flows to South America. Practical implications The study recommends that quality of institutions matter to the flow of FDI and therefore, efficient institutional reforms should be a priority for policymakers as this creates a conducive investment environment to attract FDI in South America. Further, policies that are focused on promoting competition, open market, and effective non-corrupt public institution as well as open and transparent legal and regulatory regimes, and effective delivery of government services should be the priority of policymakers in South America (Mishra and Daly, 2007). Originality/value The study uses a single measure of institutional quality based on a broad set of institutional indicators. This broad measure of institutional quality differs from the available studies that mainly focused on single aspects of institutional quality, that is, either corruption, governance, or political risk.
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Shatokhin, A. Yu. « Administrative Liability for Violations of Fire Safety Requirements at Rental Facilities ». Siberian Law Review 17, no 4 (31 décembre 2020) : 566–74. http://dx.doi.org/10.19073/2658-7602-2020-17-4-566-574.
Texte intégralRésumé :
The article examines the issue of administrative liability of the lessee and the lessor for violations of fire safety requirements in the existing legal regime for leasing buildings (premises). The urgency of the issue under study is substantiated based, first of all, on the existing contradictory judicial practice. The article analyzes the normative legal acts of the Russian Federation that regulate rental legal relations and administrative liability for violation of fire safety requirements, examines specific law enforcement acts, including those of the Constitutional and Supreme Court of the Russian Federation, studies publications of foreign authors on similar issues. The position of a number of judicial authorities on the impossibility of changing the public obligations of the parties to fulfill the fire safety requirements established by the legislation of the Russian Federation by a lease agreement that regulates only their civil obligations is criticized. The study revealed the characteristic features of a lease agreement, such as: direct transfer of things for temporary possession and use, or for temporary use; the temporary nature of the parties' agreement; concessionality of the contract. Considered, proposed by a number of authors, the classification of fire safety requirements into capital (constructive) and regime (operational, functional) and their author's definitions of these terms, based on the results of which their artificiality and incorrectness are justified. The Author has developed a law-based dichotomous classification and corresponding terminology. The possibility of classifying all fire safety requirements into social and technical requirements has been substantiated. It is proposed to consider as social requirements a set of legal norms that establish the rules of human behavior, the procedure for organizing production and (or) maintaining territories, buildings, structures, premises of organizations in order to ensure fire safety. The requirements of a technical nature should include a set of legal norms aimed at protecting people and property from the effects of hazardous fire factors directly related to the structural space-planning features of premises, buildings, technological equipment installed in it, and engineering systems. The following conceptual thesis has been formulated – the lessor is obliged to fulfill at his own expense the fire safety requirements of a technical nature established for the leased property, and the lessee is obliged to maintain the property in good condition, bear the cost of its maintenance and comply with fire safety requirements of a social nature, unless otherwise provided law, other legal acts or lease agreement. The author proposes to reflect the issue of the division of administrative responsibility between the lessee and the lessor at the level of the Supreme Court of the Russian Federation, in the next review of judicial practice.
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Shatokhin, A. Yu. « Administrative Liability for Violations of Fire Safety Requirements at Rental Facilities ». Siberian Law Review 17, no 4 (31 décembre 2020) : 566–74. http://dx.doi.org/10.19073/2658-7602-2020-17-4-566-574.
Texte intégralRésumé :
The article examines the issue of administrative liability of the lessee and the lessor for violations of fire safety requirements in the existing legal regime for leasing buildings (premises). The urgency of the issue under study is substantiated based, first of all, on the existing contradictory judicial practice. The article analyzes the normative legal acts of the Russian Federation that regulate rental legal relations and administrative liability for violation of fire safety requirements, examines specific law enforcement acts, including those of the Constitutional and Supreme Court of the Russian Federation, studies publications of foreign authors on similar issues. The position of a number of judicial authorities on the impossibility of changing the public obligations of the parties to fulfill the fire safety requirements established by the legislation of the Russian Federation by a lease agreement that regulates only their civil obligations is criticized. The study revealed the characteristic features of a lease agreement, such as: direct transfer of things for temporary possession and use, or for temporary use; the temporary nature of the parties' agreement; concessionality of the contract. Considered, proposed by a number of authors, the classification of fire safety requirements into capital (constructive) and regime (operational, functional) and their author's definitions of these terms, based on the results of which their artificiality and incorrectness are justified. The Author has developed a law-based dichotomous classification and corresponding terminology. The possibility of classifying all fire safety requirements into social and technical requirements has been substantiated. It is proposed to consider as social requirements a set of legal norms that establish the rules of human behavior, the procedure for organizing production and (or) maintaining territories, buildings, structures, premises of organizations in order to ensure fire safety. The requirements of a technical nature should include a set of legal norms aimed at protecting people and property from the effects of hazardous fire factors directly related to the structural space-planning features of premises, buildings, technological equipment installed in it, and engineering systems. The following conceptual thesis has been formulated – the lessor is obliged to fulfill at his own expense the fire safety requirements of a technical nature established for the leased property, and the lessee is obliged to maintain the property in good condition, bear the cost of its maintenance and comply with fire safety requirements of a social nature, unless otherwise provided law, other legal acts or lease agreement. The author proposes to reflect the issue of the division of administrative responsibility between the lessee and the lessor at the level of the Supreme Court of the Russian Federation, in the next review of judicial practice.
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Koźmiński, Krzysztof. « Bank loans denominated and indexed to foreign currency ‒ a Polish, Ukrainian or Europe-Wide problem ? » Studia Iuridica 71 (20 novembre 2017) : 117–0. http://dx.doi.org/10.5604/01.3001.0010.5817.
Texte intégralRésumé :
The institution of a bank mortgage denominated/indexed to foreign currency (referred to generally and not very precisely as “foreign currency loan” or “loan adjusted to foreign currency”) is an instrument commonly used by a broad group of citizens of European states for acquiring capital with a view to purchasing a housing unit. Until recently, such loans were popular not only in Poland and other countries belonging to the so-called “New Union” (those whose accession took place within the last decade or so: Czech Republic, Slovakia, Romania, Hungary and Croatia), Austria, Spain, Italy, Portugal, but also outside of the borders of the Union: in Russia, Serbia and Ukraine (however, one difference was the currency in which obligations were evaluated – whilst loans in EU countries were dominated by the Swiss Franc, Ukrainian lendees more frequently relied upon loans “adjusted” to the U.S. dollar). Regardless of differences persisting in legislative regimes, peculiarities of national legal systems and local economic and social conditions, in all those countries doubts have arisen whether a drastic change in currency rate (which results in an obligation to pay off a loan on conditions much less attractive than beforehand) constitutes a legally relevant circumstance that could permit one to release oneself from having to perform one’s contractual duties or, at least, facilitate granting some relief in fulfilling increasingly more onerous obligations towards banks. To discuss the permissibility and legal aspects of foreign currency loan contracts is complicated not only from the juridical point of view, but is also of interest to society, politics and economics. Still, the problem attracts strong emotions, particularly among lendees who took out a foreign currency loan and now feel deceived due to a change of the currency rate. The lendees and their organizations often expect involvement, particularly from EU bodies, where, in their estimation, domestic authorities have failed or “succumbed to the banking lobby”. Unfortunately, having observed the course of events over the last several years, one may surmise that the low number of judgments in cases concerning denominated bank loans, and especially the sceptical approach of the Court of Justice, have generated a lot of disappointment.
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Beard, Jack M. « The Shortcomings of Indeterminacy in Arms Control Regimes : The Case of the Biological Weapons Convention ». American Journal of International Law 101, no 2 (avril 2007) : 271–321. http://dx.doi.org/10.1017/s0002930000030098.
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In 1972 a historic attempt to create the world’s first international legal regime banning the development and possession of an entire class of weapons of mass destruction (WMDs) culminated in the conclusion of the Biological Weapons Convention (BWC). Crippled by key compromises made by the great powers in pursuit of various self-interested security objectives in the context of the Cold War, the Convention is fundamentally flawed. Although the BWC purports to oudaw the development and possession of all biological weapons, deadlier and more sophisticated biological weapons than were imaginable in 1972 can now be and have been produced, as evidenced in October 2001 by two letters sent to the Capitol Hill offices of Senators Tom Daschle and Patrick Leahy. These letters reportedly contained direatening notes and a dangerous and sophisticated form of “weapons-grade” anthrax spores. Even though both die sender of these letters and the source of the anthrax remain unknown, the technical sophistication of the spores led some experts to suggest that the attacker was supported by a U.S. “biodefense” laboratory or an advanced foreign-state-run biological weapons (BW) facility because the spores could not have been produced by an amateur working in his basement.
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King, Demus. « 2015 Offshore Petroleum Exploration Acreage Release ». APPEA Journal 55, no 1 (2015) : 67. http://dx.doi.org/10.1071/aj14006.
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The oil and gas sector is a key contributor to the Australian economy, contributing $30.8 billion in commodity export earnings in 2013–14 (Department of Industry and Science, 2015). Underpinning future growth in the value of oil and gas to the Australian economy is the almost $200 billion of investment in seven LNG projects under construction. Australia relies on foreign capital to continue to explore for, and develop, its natural resources. New challenges and opportunities are arising for the sector. Increased international competition, advancing technology, and increasing risks and volatile costs associated with the development of fields are features of the current offshore operating environment. Australia’s legislative and policy settings must be sufficiently robust and flexible to support the continued development of Australia’s offshore resources into the future. To this end, the Australian Government is undertaking a high-level strategic review of the resource management framework for offshore petroleum resources in Commonwealth waters. The review will test the robustness of the policy, legal and regulatory regime to ensure the framework remains flexible enough to keep pace with the evolving environment and continues to attract investment. The annual Offshore Petroleum Exploration Acreage Release facilitates new investment in offshore petroleum exploration. The 2015 Acreage Release is accompanied by an updated exploration guideline. The guideline increases flexibility in permit management and clarifies competitive work program bidding expectations and good standing as well as providing more flexibility in the way good standing agreements may be discharged. This will enable industry to undertake exploration with increased autonomy and reduce the administrative burden. It accommodates changing technological capacity and encourages increased exploration in Australia’s offshore waters.
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Chikulaev, R. V. « Corporations and Corporate Financial Instruments in Russian and Foreign Law ». Вестник Пермского университета. Юридические науки, no 52 (2021) : 285–320. http://dx.doi.org/10.17072/1995-4190-2021-52-285-320.
Texte intégralRésumé :
Introduction: the paper investigates the legal regime of corporate financial instruments in the context of the convergence of the world legal systems taking into account historically determined national differentiation. We study the legal regime of corporate financial instruments with respect to the status peculiarities of a corporation as a subject of legal relations and the regime characteristics of a financial instrument as a legal object. The purpose of the study is to analyze and generalize the legal experience of economically developed countries and to explain the modern legal content of the concept ‘corporate financial instrument’ against the related legal terms ‘securities’, ‘financial instrument’, ‘corporation’; to reveal major problems in the doctrine and positive legal regulation. Methods: comparative-legal, formal-logical, historical, analytical, empirical methods, and legal modeling. Results: the analysis of Russian and foreign experience made it possible for us to explain the specific nature of the legal status of corporation as the main component of modern economic systems, which determines special legal regimes of financial instruments that provide certain corporate rights. Conclusions: in terms of comparative analysis, of special interest is legal experience of such countries as Germany, France, Great Britain, and the USA since these countries show a higher level in the development of corporate legal forms and financial markets. Since early 1990s, Russia has been demonstrating high rates in the formation of the system of financial instruments circulation, which, with respect to the legal development of the corporate legal entity doctrine, brings Russian legal system closer to the world major legal systems. In the light of the focus on the sustainable economic development and defense of state interests with the use of modern digitalization methods, this also objectifies and makes currently relevant the development of the national legal regime of the corporate financial instrument based on the international legal experience.
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Aseyeva, M. A., O. V. Gleba et G. Y. Ratushnyak. « Legal regime of capital construction facilities : problems of legislative regulation ». Аграрное и земельное право, no 10 (2020) : 185–89. http://dx.doi.org/10.47643/1815-1329_2020_10_185.
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Savage, Jesse Dillon, et Jonathan D. Caverley. « When human capital threatens the Capitol ». Journal of Peace Research 54, no 4 (juillet 2017) : 542–57. http://dx.doi.org/10.1177/0022343317713557.
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How does aid in the form of training influence foreign militaries’ relationship to domestic politics? The United States has trained tens of thousands of officers in foreign militaries with the goals of increasing its security and instilling respect for human rights, democracy, and civilian control. We argue that training increases the military’s power relative to the regime in a way that other forms of military assistance do not. While other forms of military assistance are somewhat fungible, allowing the regime to shift resources towards coup-proofing, human capital is a resource vested solely in the military. Training thus alters the balance of power between the military and the regime resulting in greater coup propensity. Using data from 189 countries from 1970 to 2009 we show that greater numbers of military officers trained by the US International Military Education and Training (IMET) and Countering Terrorism Fellowship (CTFP) programs increases the probability of a military coup.
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Vintoniak, N. D. « Corporate Rights Of The Spouses : The Essence Of The Legal Regime ». Actual problems of improving of current legislation of Ukraine, no 50 (11 juin 2019) : 103–13. http://dx.doi.org/10.15330/apiclu.50.103-113.
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The article is devoted to the question of legal regulation of corporate rights of spouses. The issues of the legal regime of marital property as well as the essence of the legal regime of spouses’ corporate rights have been discussed.
It has been justified that upon investing marital property into the authorized share capital of a corporation which one of the spouses has ownership rights in, the rights of rem become the law of obligation (vinculum iuris). The law of obligation, incurred between spouses upon investing part of the shared property into company’s authorized share capital to participate in the authorized share capital, is based on the claim rights.
It is noted that since the moment the company is registered with the State Registrar of Companies, such a company becomes a participant of civil law relations. The predetermined contribution (consisting of marital property) invested into the authorized share capital of a corporation becomes the property of the mentioned legal entity and is not subject to shared property of the spouses. Therefore, marital property as joint owned property becomes sole and separate property of the corporation.
It has been proved that taking into account the indivisibility and the personalized nature of corporate rights, corporate rights cannot be subject to shared property of the spouses. This statement is supported by the fact that having the other spouse as a shareholder will lead to the increase in the number of shareholders.
It has been explained that the legal regime of spouses’ corporate rights is subject to special legal regime, namely transformation of property rights. For that of the spouses who is a company shareholder, the right to property, which is being contributed to the authorized share capital of the corporation, becomes corporate right. For the other spouse, the mentioned above rights become claim rights.
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Рахманов, Boris Rakhmanov, Кибовский et V. Kibovskiy. « Legal and Regulatory Regime of Laser Technology Safe Application ». Safety in Technosphere 2, no 3 (25 juin 2013) : 60–69. http://dx.doi.org/10.12737/454.
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Legal and regulatory regime subject to laser technology safe application in Russia, Europe and USA is considered. Comparative evaluation of national and foreign regulatory documents related to laser safety is realized. Unreasonable enactment the IEC 60825 standards in Russia is critically considered.
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Azimova, Hulkar. « THE IMPORTANCE OF LEGAL AND INSTITUTIONAL FUNDAMENTALS IN ATTRACTING FOREIGN INVESTMENT ». INNOVATIONS IN ECONOMY 4, no 5 (30 mai 2021) : 32–37. http://dx.doi.org/10.26739/2181-9491-2021-5-5.
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This article describes the essence of foreign investment, the introduction of a comprehensive system of legal guarantees and benefits for foreign investors. The issues of strengthening the protection of the legitimate interests of investors in attracting foreign investment are also discussed.Keywords:investment project, investment commitment, investment policy, foreign direct investment, foreign investor rights, investment agreement, legal regime, investment visa
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Manin, Iaroslav. « Legal regime of natural resource management in Canada ». Административное и муниципальное право, no 5 (mai 2020) : 38–47. http://dx.doi.org/10.7256/2454-0595.2020.5.33453.
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The subject of this research is the legal regime of natural resource management in the Canadian Kingdom as an example of one of the best sectoral practices of legal regulation of natural resource usage. Analysis is conducted on the normative legal acts that regulate rights to natural resource usage, delimitation of jurisdiction to “central” and “regional”, management in the area of natural resource. The object of this research is the natural resource usage relations in Canada. Special attention is given to the licensing of Canadian natural resource usage, determination of the types of licenses, and procedure of licensing. The author examines the relevant topics of taxation and fiscal stimulation of natural resource users, foreign investment, geological exploration, national and local legislation, right of indigenous peoples to natural resources, etc. The scientific novelty consists in demonstrating the current “picture” of legal regulation of natural resource usage in Canada. On the example of this kingdom, as the subject of right to ownership and use of resources, the author suggest considering an allotted plot of resources within its boundaries, while unallocated plots of resources should be counted as part of a single reserve of undistributed land (single object of law). The author proposes to conduct a mass geological survey of the Russian shelf in accordance with the Canadian model, implementation of the practice of attracting foreign investments, tax incentives, resource rent for the Russian citizens through legal construct of retirement savings, application of corporate restrictions following the example of Canada.
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Donges, Alexander, et Felix Selgert. « Do Legal Differences Matter ? A Comparison of German Patent Law Regimes before 1877 ». Jahrbuch für Wirtschaftsgeschichte / Economic History Yearbook 60, no 1 (27 mai 2019) : 57–92. http://dx.doi.org/10.1515/jbwg-2019-0004.
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Abstract In this article, we give an overview of the differences in German patent legislations between 1815 and 1876. German patent laws differed in particular with regard to the application and approval system, the treatment of foreign applicants, and patent fees. Differences in the former two categories provide an explanation why the number of patents was considerably lower in Prussia than in other states. While the number of Prussian patents per capita almost stagnated between 1840 and 1872, it increased in Baden, Bavaria and Saxony. Formal differences in patent law do not fully explain this pattern, but Prussian patent policy does. The Prussian patent authority set high barriers to get a patent by applying a thorough technical examination and a strict definition of novelty. Furthermore, we show that states using a registration system granted a considerably higher number of patents than states with technical examinations.
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Andrews-Speed, C. P., et Zhiguo Gao. « China's Petroleum Legal Regime for Foreign Participation in Upstream Operations : the Foreign Oil Company's View ». Journal of Energy & ; Natural Resources Law 14, no 2 (mai 1996) : 161–78. http://dx.doi.org/10.1080/02646811.1996.11433060.
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Bekyashev, Damir K., et Kamil A. Bekyashev. « The trends in the development of the legal regime of the Northern Sea Route ». Vestnik of Saint Petersburg University. Law 12, no 2 (2021) : 276–95. http://dx.doi.org/10.21638/spbu14.2021.203.
Texte intégralRésumé :
The Northern Sea Route is the national transport communication lane for the Russian Federation. Russia historically controls the Northern Sea Route through an appropriate national legal framework and international law. However, some states have raised the issue of internationalizing the Northern Sea Route and extending the freedom of navigation to it. In their opinion, shipping in the Arctic Straits should not be regulated by Russian law. In this regard, the authors consider it appropriate to conduct a study of the current legal regime of the Northern Sea Route and provide a legal assessment of the relevant proposals for its change. The article analyzes the history of the development of the Northern Sea Route, its structure and current legal regulation. Proposals to improve the current legal regime of the Northern Sea Route have been developed. Particular attention is paid to the study of the legal regime of the straits included in the Northern Sea Route, since there are different points of view in Russian and foreign science and practice. Given the importance of ensuring the safe operation of ships in the waters of the Northern Sea Route, the provisions of the Polar Code of the International Maritime Organization are analyzed. The authors substantiate the inconsistency of proposals for a radical change in the legal regime of the Northern Sea Route, which appear in foreign literature and statements by a number of foreign statesmen. The authors’ conclusions are based on an analysis of the current Russian legislation and international law, as well as the existing practice of using the Northern Sea Route by Russian and foreign vessels.
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Jung, Yongseung, Soyoung Kim et Doo Yong Yang. « Capital Control and Monetary Policy in Asian Emerging Market Economies ». Asian Economic Papers 17, no 2 (juin 2018) : 111–34. http://dx.doi.org/10.1162/asep_a_00613.
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This paper explores two policy options in emerging market economies (EMEs) to cope with volatile capital flows due to external monetary policy shocks; capital control policy and choice of exchange rate regime. Both tools reinforce each other when a foreign exchange risk premium shock hits the economy. A contractionary U.S. monetary policy shock has significant real effects in EMEs. Conventional wisdom tells us that a free floating exchange rate with inflation targeting is better when a country faces foreign shocks. However, we show that a flexible exchange rate with less capital controls is not the best option in EMEs based on vector autoregression analysis. Moreover, we set up a small open economy new Keynesian model with real wage and price rigidities. It shows that the small economy with labor market frictions is more vulnerable to exogenous shocks such as a foreign exchange rate shock under a fixed exchange rate regime than under a flexible exchange regime. We show that maintaining price stability is not desirable when there are substantial frictions in the labor market and the intratemporal elasticity of substitution is high. Finally, the model shows that the welfare cost difference between a policy of maintaining purchasing power and a policy aimed at price stability reverses as the intratemporal elasticity of substitution between home and foreign goods increases.
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Mahmood, Zafar, et Mohammad Ali Qasim. « Foreign Trade Regime and Savings in Pakistan ». Pakistan Development Review 31, no 4II (1 décembre 1992) : 883–93. http://dx.doi.org/10.30541/v31i4iipp.883-893.
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Without generating high growth rates of national income, a country cannot make a sustained attack on poverty, unemployment, and other economic problems. Developing countries have, generally, pursued the goal of rapid economic growth with the help of industrialisation. In this regard, an optimal structure of the industries enables a country to experience 'sustainable' economic growth. Countries adopt various trade strategies to allocate resources to their optimal use in order to exploit their industrial potential. Developing countries, including Pakistan, have adopted the import -substituting (IS) trade strategy to foster industrialisation.1 But the disillusionment with the IS strategy and its results is increasing over time. Contributing to this trend is the remarkable increases in growth rates by many countries that have shifted to an export-promoting (EP) trade strategy. At the same time came a fundamental question of the adequacy of economic growth itself. That is to what extent the economic growth under the IS strategy has given rise to the unfavourable results with respect to employment, capital accumulation, and income distribution. Analysis of these effects presents a tall order and we do not go that far in their evaluation. In this study we restrict ourselves to the question how various trade regimes are related with savings. The nature of this relation is somewhat complex.
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Ngurah Indradewi, Anak Agung Sagung. « Kedudukan Otoritas Jasa Keuangan Pada Perusahaan Modal Ventura Asing ». Jurnal Aktual Justice 3, no 2 (15 décembre 2018) : 79–96. http://dx.doi.org/10.47329/aktualjustice.v3i2.536.
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The juridical basis for supervision of foreign venture capital companies is contained in the provisions of Capital Law No. 21 of 2008 concerning the Financial Services Authority (OJK), Presidential Regulation No. 9 of 2009 concerning Financing Institutions and Minister of Finance Regulation No. 18 / PMK.010 / 2012 concerning Venture Capital Companies. Foreign venture capital companies that invest directly in Indonesia are a form of foreign investment. This is inseparable from the wide scope of foreign capital, which is defined as capital owned by foreign countries, individual foreign citizens, foreign business entities, foreign legal entities, and / or Indonesian legal entities whose capital is partly or wholly owned by foreign parties. Supervision of foreign investment is carried out by the Investment Coordinating Board in accordance with the provisions of Law No. 25 of 2007 concerning Investment. In accordance with the provisions in Permenkeu No. 18 / PMK / 0.10 / 2012 explained that the scope of supervision of venture capital carried out by the OJK is only limited to PMV Indonesia (Cooperatives or Limited Liability Companies). The implication is that OJK cannot supervise foreign PMVs that carry out direct financing. Because financing activities by foreign venture capital companies have intersecting rules, it is appropriate that foreign venture capital regulations only follow one specific rule. The regulation regarding financing institutions is only regulated in a Presidential Regulation. Although hierarchically, the status of the Perpres is an implementing regulation of the Law, the substance it regulates is not identical with the provisions of the Law which mandates it. Therefore, the provisions regarding financing activities should be regulated in a separate Law
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Oppong, Richard Frimpong. « The East African Court of Justice, Enforcement of Foreign Arbitration Awards and the East African Community Integration Process ». Journal of African Law 63, no 1 (26 janvier 2019) : 1–23. http://dx.doi.org/10.1017/s0021855318000293.
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AbstractThis article discusses the legal regimes for enforcing foreign arbitral awards within the East African Community (EAC). It focuses specifically on the enforcement of awards from partner states as well as from the East African Court of Justice (EACJ), which, although a supranational court, has jurisdiction to accept parties’ designation to act as an arbitral tribunal. The EAC has not yet developed a supranational community law based regime for enforcing foreign arbitral awards. The current dominant regime for enforcing such awards is the New York Convention. The article examines how the convention has been applied in the partner states and discusses aspects of the existing jurisprudence that demand reconsideration. It examines the suitability of applying the convention regime to awards from the EACJ, and the case for harmonizing the legal regimes for enforcing foreign arbitral awards within the EAC.
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Lu, Haitian, Hong Huang et Swati Deva. « Unraveling the Puzzle of Differing Rates of FDI and FVCI in India and China ». Asian Journal of Comparative Law 4 (2009) : 1–31. http://dx.doi.org/10.1017/s2194607800000429.
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AbstractThis study seeks to unravel the puzzle underlying China's and India's differing experiences in attracting two types of foreign investment: namely foreign direct investment (‘FDI’) and foreign venture capital investment (‘FVCI’). Complementing the law and finance literature, we argue that foreign investors prefer the direct investment mode in China despite its poor governance environment because direct investment provides private means of control over the business, and China's institutional environment provides a more facilitating arena for FDI than India's. In contrast, India's legal infrastructure and related institutional settings prove to be better than China's in accommodating foreign portfolio (indirect) investment especially in the form of venture capital. The conclusion of this article has implications for the two countries' legal reform in the direction of the desired type of foreign investment. It also provides comparative insights into the legal institutions of China and India in fostering national innovative capacity and entrepreneurship.
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Meira, Deolinda A. « O regime económico das cooperativas à luz do novo Código Cooperativo português ». Boletín de la Asociación Internacional de Derecho Cooperativo, no 50 (21 décembre 2016) : 309. http://dx.doi.org/10.18543/baidc-50-2016pp309-347.
Texte intégralRésumé :
O presente estudo analisa os principais vetores de evolução do regime económico das cooperativas, após a reforma do Código Cooperativo português. De modo a assegurar a sustentabilidade da cooperativa, fornecendo-lhe mecanismos adequados para ser eficiente no mercado, a reforma introduziu a figura dos membros investidores, reduziu o capital social mínimo, alargou o elenco dos limites estatutários ao exercício do direito ao reembolso, fortaleceu a função de garantia do capital social e da reserva legal. Na modernização do regime económico, o legislador não abdicou da preservação da identidade cooperativa, continuando a reconhecer a variabilidade do capital social, a irrepartibilidade das reservas obrigatórias e das reservas constituídas com resultados provenientes de operações com terceiros, e as especificidades da reserva de educação e formação cooperativas. No entanto, a abordagem legal da problemática da determinação e distribuição de resultados revelou-se insuficiente.
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Manin, Iaroslav. « The legal regime of subsoil usage in the United States ». Административное и муниципальное право, no 1 (janvier 2021) : 80–97. http://dx.doi.org/10.7256/2454-0595.2021.1.33753.
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The subject of this research is the legal regulation of exploitation of underground resources in the United States, while the object is the relations of subsoil usage. The author examines the system and structure of the federal executive branches that maintain the development of mineral deposits in the United States, including their functions and authority, highlighting the United States Department of the Interior and its regional branches. Special attention is given to constitutional framework of natural resource management, ownership rights to land and subsoil, its classification in causality with administration of subsoil usage, as well as centralization of the U.S. state natural resource management mechanism. The research is based on the relevant legal sources, works and theses of the Russian and foreign scholars on the subject matter. The author systematizes the information valuable for organization of the national subsoil usage; excludes the possibility of foreign influence upon the lawmaking in Russian through determining unfavorable norms and methods of economic regulation, namely with regards to subsoil management in the constituent entities. The article contains both, new records and previous data, which is constantly being updated. The author’s recommendation of introduction in the Russian Federation of the list of “cooperating countries” may serve as an effective instrument of economic policy.
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Herea, Violeta, et Eduard Antohie. « Real Estate Administration - Notion, Forms and Legal Regime ». Advanced Engineering Forum 21 (mars 2017) : 619–23. http://dx.doi.org/10.4028/www.scientific.net/aef.21.619.
Texte intégralRésumé :
The extent of this field, namely of real estate administration, due to the fact that private property holds the majority compared to public property after 1989, imposed the emergence of profile firms / companies in the field, but also the need to train specialists for this type of activity. Why the real estate administration? Perhaps this question should be the starting point for the reason why we advocate for this type of activity and thus for the training at university level, thus giving it the importance it deserves. The answer to this question is argued by: the capital invested is very small, solvent customers, regular revenues, chances of gains from good to very good, a multilateral activity due to the complexity of administration. On the other hand, this type of activity may be carried out in parallel with the main activity, namely the basic one of each of us. Therefore, many prospective real estate administrators begin to provide services in this area without sacrificing the core business, while performing these along with another activity for another institution. In analysing this issue we invoke the regulations in force which legislate the field which represents the purpose of our analysis. Also, we will present you the advantages of this kind of activity.
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Alanazi, Khaled Jadeaf, et Salawati Mat Basir. « The Impact and Contribution of FDI to Saudi Economy During King Abdullah Regime ». International Journal of Financial Research 11, no 6 (1 décembre 2020) : 37. http://dx.doi.org/10.5430/ijfr.v11n6p37.
Texte intégralRésumé :
Foreign Direct Investment resulted in the disclosure of different investment chances and opportunities through active investment promotion agencies. A country must execute various reforms capable of improving the fundamental determinants of FDI for achieving a high percentage of Foreign Direct Investment. These reforms among others include improving investment laws, reducing political risk and level of corruption, establishing a consistent legitimate and regulatory environment, freeing repatriation of funds and capital, as well as opening up to international trade. Saudi Arabia adopted generous incentive policies for attracting foreign capital and invite Foreign Direct Investment during king Abdullah regime. These policies present positive incentives while eliminating negative disincentives. Positive incentives consist free custom duties, reductions of tax and export zones, by the government of Saudi Arabia. Disincentives elimination to investments indicates the removal of overlong and rigid systems as they can delay visas issuance, restraint travel and complicate the licensing and registration of a project. This paper discusses the impact of FDI on Saudi economy during King Abdullah regime and finally, ascertains the contribution of FDI to Saudi Economy during King Abdullah regime.
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Shcherbakov, M. G. « A civil law aspect of the dual-use goods regime ». Actual Problems of Russian Law, no 3 (4 mai 2019) : 99–106. http://dx.doi.org/10.17803/1994-1471.2019.100.3.099-106.
Texte intégralRésumé :
The paper analyzes the civil law regime of dual-use goods in the aspect of dual-use goods turnover. The author reveals the role of civil law rules as elements of the legal regime in the legal regulation of vertical and horizontal legal relations, as well as analyzes the process of transformation of civil law rules in the course of law enforcement. The author dwells on the main legal characteristics allowing to differentiate dual-use goods, namely: technical features, scope of application, availability of export control. In the paper, the author offers his own definition of the legal regime of dual-use goods. In addition, we identify such a feature of the regime of dual-use goods as dependance of the degree of turnover of dual-use goods upon external factors.The author concludes that the functional purpose of civil law rules in the legal regime has changed.In conclusion, a number of recommendations are proposed to improve efficiency of the legal regulation of foreign economic activity in the sphere of turnover of dual-use goods.
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Krähenmann, Sandra. « The Interplay Between International Humanitarian Law, Terrorism and the “Foreign Terrorist Fighter” Regime ». Proceedings of the ASIL Annual Meeting 112 (2018) : 307–10. http://dx.doi.org/10.1017/amp.2019.26.
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There seems to be a natural connection between armed conflict and terrorism: both involve acts of violence by nonstate armed actors. The acts of armed groups during armed conflicts are frequently labeled as acts of terrorism. Similarly, both international humanitarian law (IHL) and the international legal regime governing terrorism address acts of violence committed by nonstate armed actors. Yet, these superficial similarities obscure the significant conceptual differences between acts of violence in armed conflicts and those outside armed conflicts as well as the differences in the legal regimes governing them. Before turning to an analysis of UN Security Council (UNSC) Resolution 2178 (2014), it is necessary to briefly explain how IHL addresses acts of terrorism, followed by a brief description of the international treaty regime governing terrorism, including how this regime regulates its relationship with IHL.
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Macmillan, Moira. « The UN Foreign (Terrorist) Fighter Regime and International Criminal Law ». Proceedings of the ASIL Annual Meeting 112 (2018) : 310–14. http://dx.doi.org/10.1017/amp.2019.27.
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I am going to consider the UN Foreign (Terrorist) Fighter FTF regime from a different perspective, by exploring how the regime interacts with both the international law relating to terrorism and international criminal law. I will to do this by looking first at the definition of terrorism and then at how the UK Supreme Court approached the issue of terrorism and armed conflict. In addition, I am going to apply a little prosecutorial pragmatism to these difficult legal issues, and suggest that we focus on the crime.
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Winata, Agung Sujati. « Perlindungan Investor Asing Dalam Kegiatan Penanaman Modal Asing Dan Implikasinya Terhadap Negara ». Ajudikasi : Jurnal Ilmu Hukum 2, no 2 (31 décembre 2018) : 127. http://dx.doi.org/10.30656/ajudikasi.v2i2.902.
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Legal protection provided by the state to investors is one of the considerations for foreign investors before investing in a country. This study aims to find out and analyze the legal protection of foreign investment in Indonesian law and implications itself. This research is a descriptive study, which analyzes and describes systematically, factually, and accurately the provisions relating to legal protection against foreign investment in Indonesia. Based on the results of the study, it is known that legal protection against foreign investment in Indonesian law is regulated in the Investment Law. This law has provided adequate protection for foreign investors for a variety of risks including non-commercial risks in foreign investment in Indonesia. Providing the widest opportunity for foreign investors to invest their capital in Indonesia has encouraged many foreign investors to invest in Indonesia.Keywords: Investor, Investment, Legal Protection.
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Stanković, Vladan, Gordana Mrdak et Miloš Miljković. « Economic-legal analysis of international investments ». Oditor 6, no 3 (2020) : 89–122. http://dx.doi.org/10.5937/oditor2003089s.
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The subject of this paper is an analysis of advantages and disadvantages of international investments - foreign direct investment (FDI) with a brief overview of the Republic of Serbia and its level and structure of FDI. Foreign direct investment is an important factor in development, especially in developing countries and countries in transition. Countries in transition, which includes Serbia and all Western Balkan countries feel a lack of capital, so it is important for them to fill the gap with foreign direct investment. For countries with current account deficits, FDI is used to increase exports and alleviate current account deficit problems. Based on experience and theoretical consideration, the paper points out the necessity of changes in our business environment, in order for Serbia to use foreign direct investments (with all its negative characteristics) which can and must give a special contribution and impetus to its economic growth.
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LIANG, Bin. « Legal Treatment of Foreign Drug Offenders Who Face Capital Punishment in China ». East Asian Policy 11, no 03 (juillet 2019) : 107–19. http://dx.doi.org/10.1142/s179393051900031x.
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Between 2009 and 2015, China executed at least 19 foreigners for drug trafficking. This study examines some notable cases in which foreign drug offenders were death sentenced and executed in China and discusses issues exposed. It further contrasts international due process protection requirements for foreigners who face criminal charges based on China’s laws and shows that China’s laws largely comply with international standards, though there is the question on compliance in actions.
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Posulikhina, N. S. « Legal Regimes of Genetic Technologies Development in Medicine : Experience of Foreign Countries ». Actual Problems of Russian Law 16, no 1 (28 janvier 2021) : 167–80. http://dx.doi.org/10.17803/1994-1471.2021.122.1.167-180.
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The active development of genetic technologies around the world actualizes the issue of defining national legal regimes that ensure normative establishment of the boundaries of human intervention in the processes of the universe. The issue of admissibility of a fast-track regime in relation to genetic technologies development from the standpoint of ensuring the precautionary principle in biomedicine is raised separately. The author believes that it is appropriate to use "national legal regime for genetic research" category as a way of regulating at various levels such issues as: identification and use of information obtained as a result of genetic research; development of national standards for the provision of services for genetic research, requirements for medical organizations and medical workers who provide them. Based on the studied foreign experience, it is concluded that there are three main types (models) of national regimes for the development of genetic technologies: permissible, restrictive and mixed, each of which is characterized by specific principles of organizational structure.
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BORTNIKOV, Sergey P. « State Planned Economy within the Modern Economic Regime ». Journal of Advanced Research in Law and Economics 9, no 4 (30 juin 2018) : 1196. http://dx.doi.org/10.14505//jarle.v9.4(34).04.
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The author considers institute planning and its existence under the market relations. Protection of the capital requires support of its freedom, special nature of assignment and distribution of the benefits, determination of the rights of his owner opposed to the rights of employees. The role of the government, thus, comes down to capital servicing and its functions. In planned economy, on the contrary, the government sets rules, not the owner of the capital, but the person and the state becomes the central figure. The plan as the law defines conditions of managing, a customer of the public benefits. The possibility of existence of two-circuit system under which the government administration extends only to the enterprises with the government involvement is considered, private enterprises remain rather free. The plan is considered as the quantitative regulator and also as institutional and legal frameworks of the economy.
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문재완. « A Study on Joint Law Venture as a Foreign Legal Services Regulatory Regime ». Korean Lawyers Association Journal 56, no 7 (juillet 2007) : 221–62. http://dx.doi.org/10.17007/klaj.2007.56.7.006.
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Hines, Jonathan H., et James B. Varanese. « Turkmenistan's Oil and Gas Sector : Overview of the Legal Regime for Foreign Investment ». Journal of Energy & ; Natural Resources Law 19, no 1 (février 2001) : 44–63. http://dx.doi.org/10.1080/02646811.2001.11433215.
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Wali Ullah, Wali Ullah, et Shahzadah Nayyar Jehan. « Evolving Ownership and the Capital Structure Regime in Japan ». Lahore Journal of Business 2, no 1 (1 septembre 2013) : 1–33. http://dx.doi.org/10.35536/ljb.2013.v2.i1.a1.
Texte intégralRésumé :
This study is an attempt to investigate the implications of changes in ownership structure and control transfer in the Japanese corporate market—a trend attributed mainly to the government’s increasing liberalization policies during the 1990s. Our results show that firms characterized by more concentrated ownership are likely to prefer less debt as ownership concentration reduces the extent of agency costs between managers and shareholders and facilitates equity issues. The main bank system enables corporations to obtain funds easily through the debt market. Additionally, unwinding cross-shareholding between banks and corporations provides impetus for investment in relatively risky projects. The ownership pattern of private and foreign individuals is consistently associated with a shift from bank debt to equity financing. Moreover, managerial ownership reduces the risk of wasting free cash flows. Managers make fewer decisions that may have a negative effect on the firm’s value because the part of costs that they will absorb as shareholders increases as their share of capital rises. The results suggest that government ownership is associated with more pressure on management and enforces the efficient use of cash flows. Changes in ultimate ownership will likely lead to major asset and capital restructuring in the coming years.
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Bilousov, Ye. « Foreign trade activity (features of doctrinal and legal support) ». Law and innovative society, no 1 (14) (3 juillet 2020) : 67–72. http://dx.doi.org/10.37772/2309-9275-2020-1(14)-10.
Texte intégralRésumé :
Problem setting. The article is devoted to the study of the peculiarities of the legal regulation of foreign trade interms of doctrinal and legislative approaches. The author analyzes the basic concepts of foreign trade policy, identifies itsmain components, as well as describes the tools for regulating foreign trade, including customs tariffs. Analysis of recent research and publications. Both domestic and foreign representatives of legal and economicsciences, such as Bachylo I., Zadykhailo D., Kleshchova S., Karvatska N., Sarkisyan L., Stavytsky L. and others, devotedtheir works to the study of the legal regulation of foreign trade. Article’s main body. Presenting main material. CTD is carried out, as a rule, at the level of enterprises (sometimesthey are natural persons-entrepreneurs). The initial principle of the CTD is a commercial calculation based on economicand financial independence and self-payment. CTD – the sphere of entrepreneurship in the system of international exchangeof goods, services, works, information and results of intellectual activity, related to the preparation and implementationof foreign trade operations and agreements. Cross-border trade and free economic zones are considered as special regimesof the CTD. Each country of the world in the framework of participation in foreign economic relations (both directly and throughnational entities of the CTD) pursues foreign economic policy, including in the field of foreign trade. The foreign economicpolicy of the state is the activity of the state aimed at the development and regulation of economic relations with othercountries. The implementation of foreign economic policy involves defining the strategic goals of the state in foreigneconomic relations in general and with individual countries and groups of countries, as well as developing methods andtools to achieve the goals and preserve the results achieved later. Foreign economic policy is aimed at the whole set offoreign economic activity, the hallmark of which is the international purchase and sale of goods and services, as well asthe international movement of material, monetary, labor and intellectual resources. Foreign economic policy is inextricablylinked with the domestic economic policy of the state. Therefore, its content is due to the tasks of expanded reproduction,which the country solves within its national economy. It can be argued that the main task of the foreign economic policyof the state is to create favorable external economic conditions for expanded reproduction within the country. Within theframework of the general foreign economic policy the state carries out: a) foreign trade policy – is the state regulation of export and import operations; b) export promotion policy – a policy aimed at selling in foreign markets goods for which the country has economicadvantages, stimulating the competitiveness of domestic enterprises with foreign ones, increasing the serial productionof competitive products in order to expand its exports (to foreign markets); c) the policy of regulating the import and export of capital. A characteristic feature of capital movements at the presentstage is the inclusion of an increasing number of countries in the process of export and import of capital. At the same time,most countries of the world market economy simultaneously act as exporters and importers of investments. The influenceof developed countries on the movement of capital is carried out, for example, by stimulating the export-import of capitalat the national and interstate levels; d) monetary policy – aims to maintain economic stability and create a solid foundation for the development ofinternational economic relations by influencing the exchange rate and currency exchange operations; e) customs policy is a set of measures taken to ensure the most effective use of instruments of customs control andregulation of trade in the customs territory, participation in trade and policy tasks to protect the domestic market, stimulatethe national economy; f) free trade policy – a policy of minimal government intervention in foreign trade, which develops on the basis offree market forces of supply and demand. Conclusions and prospects for the development. The formation and implementation of state policy in the studyarea involves the possibility and necessity (not absolute) of state intervention in economic processes in order to create aneffective and efficient system of foreign trade. Fulfillment of this task is possible only under the condition of strategicplanning and conceptualization of the principles of state-administrative influence, which, in fact, is the content and essenceof state economic policy in general and state policy in the field of foreign economic activity in particular. Understanding this issue and further resolving these pressing issues at the doctrinal (hereinafter – legislative) levelswill allow the state to be an active participant in foreign trade relations, and thus – to provide national participants in theserelations with potential markets for goods, works and services, to compete effectively in these foreign markets.
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Qin, Julia Ya. « Trade, Investment and Beyond : The Impact of WTO Accession on China's Legal System ». China Quarterly 191 (septembre 2007) : 720–41. http://dx.doi.org/10.1017/s0305741007001695.
Texte intégralRésumé :
AbstractThis article assesses the impact of China's accession to the World Trade Organization on its foreign trade and investment regime. While the government had begun liberalizing the Chinese economy long before joining the WTO, the accession induced regulatory, institutional and normative changes that have transformed the landscape of trade and investment in China. The profound impact of the WTO stems directly from the extensive commercial and rule commitments China undertook in its accession. Focusing on the most significant of these commitments, the article examines their implications for Chinese constitutional law and their effect on the regulation of foreign trade, foreign investment, intellectual property rights and domestic governance. Additionally, it looks at the impact of WTO disputes on Chinese law and practice. It concludes that China's accession has made its foreign trade and investment regime far more liberalized and less opaque than a decade ago. More importantly, the accession has institutionalized the process of China's domestic reform externally through the force of WTO obligations. Although much uncertainty remains concerning the future direction of government policies, WTO membership ensures that the course of China's economic development will be charted within the disciplines of the WTO system.
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Осавелюк, Алексей, et Aleksey Osavelyuk. « GOVERNMENT REGIME AND POLITICAL REGIME : ARE SYNONIMOUS OR NOT ? » Advances in Law Studies 4, no 4 (29 novembre 2016) : 0. http://dx.doi.org/10.12737/22001.
Texte intégralRésumé :
By this time in the domestic literature on theory of law and constitutional law were discrepancies in the definition of "political regime", "national treatment", "public-political regime."
Getting to the analysis of this issue, it should be borne in mind that the concept of "political regime" first appeared in the theory of law and, with few exceptions, are still dominated by specialists in scientific works in the area of knowledge. The concept of "public mode" generated mainly by scientists-constitutionalists and can more accurately reflect the events specified industry research.
On the basis of analysis of scientific literature, law, legislation and legal practice shows the causes of the current situation, as well as the developed author´s position about the features and the differences of state and political regimes, suggests possible areas of their application in Russia and in foreign countries.
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Ezzahid, Elhadj, et Brahim Maouhoub. « Capital Account Liberalization in Morocco : Is it Compatible with Fixed or Flexible Exchange Rate Regime ? » Journal of Central Banking Theory and Practice 9, no 1 (1 janvier 2020) : 185–218. http://dx.doi.org/10.2478/jcbtp-2020-0010.
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AbstractThis paper examines the opportunity of exchange rate regime flexibilization in Morocco under the policy of capital account liberalization. Basing on our findings in Ezzahid and Maouhoub (2014), we develop a new theoretical game model with four economic agents, namely: monetary authorities, government, foreign firms and domestic firms. We explore the optimal exchange rate regime for Morocco under new conditions such as the presence of a compensation fund effect, restrictions on capital outflows, etc. Starting with a first simulation based on current economic parameters, the results show that losses under a flexible exchange rate regime are lower than losses under a fixed exchange rate regime. Varying different parameters allow discovering the ‘appropriate level’ from which monetary authorities should move toward the flexible exchange rate.
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Manin, Iaroslav. « Legal regime for natural resource management in Mexico ». Административное и муниципальное право, no 6 (juin 2020) : 39–51. http://dx.doi.org/10.7256/2454-0595.2020.6.33546.
Texte intégralRésumé :
The subject of this article is the legal regime for natural resource in the United Mexican States. The author examines the system and structure of government branches in the area natural resource management. Special attention is given to the questions of ownership of the subsoil, allocation of powers for their administration to the federation, and foreign investment to fuel and energy complex of Russia. The object of this research is the relations in the area of natural resource management in Mexico. The author describes the users of subsoil and the procedure of accessing natural resource management, addresses the questions of taxation with regards to usage of mineral deposits, traces the trends in Mexican natural resource law in part of regulating the development of strategic sites. The main conclusion consists in the statement that constitutional consolidation of ownership of the mineral resources along with natural resources, and the authority of their management allocated to the “center” in federate and confederate states meets rather national interests and ensures protection of economic grounds of the country, security and inviolability of the constitutional order. The scientific novelty of this work consists in demonstration to the audience of “cross-section of the side track of the Mexican tree of natural resource law". The “rings on a fresh cut” give an idea on the development of this branch of law, its current state, “vectors for expansion”, as well as possess substantial originality. The author suggests “nationalization of natural resource management” within the framework of its pursuit of factual Unitarianism, leaving de jure federalism as an opportunity for historical reunification with the lost territories.
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Kvashnin, Yury D. « The Republic of Cyprus as a Transit Point for Foreign Capital ». Outlines of global transformations : politics, economics, law 11, no 1 (4 avril 2018) : 170–84. http://dx.doi.org/10.23932/2542-0240-2018-11-1-170-184.
Texte intégralRésumé :
The policy of the Cypriot authorities, aimed at attracting foreign capital, is deeply rooted in history. Having created a flexible tax system, since its first years as an independent state Cyprus has managed to attract numerous foreign shipping companies and in the 1970s it turned into a regional financial hub through which economic cooperation between the countries of the West and the Middle East was carried out. The Cypriot economy flourished in the 1990s – 2000s, when thanks to favorable taxation regime, transaction confidentiality, convenient geographical location, eased visa regime and a number of other factors it became the main transit point for capital from Eastern Europe, first of all – from Russia. However, the future of Cyprus as an international financial center is in question. Under the pressure of the EU, OECD and a number of individual countries, the Cypriot authorities are forced to bring their tax legislation in line with international standards. Negative impact on the investment image of the country was rendered by the national 2012-2013 banking crisis, followed by the collapse of the largest national banks, a sharp deterioration in macroeconomic indicators and the implementation by the government of a number of reforms that affected the attractiveness of Cyprus in the eyes of international business companies. In these circumstances, the Cypriot authorities have taken a number of measures aimed at preventing the outflow of foreign capital, including the abolition of the property tax in the housing stock, the extension of benefits for new tax residents and the introduction of a simplified procedure for the granting of Cypriot citizenship for investments. Thanks to these innovations, Cyprus managed not only to retain interest from TNCs of Russian origin, but also to attract investments of small and medium-sized companies, primarily those working in the field of information and communication technologies.