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International Corporate Governance Practices And Their Implications On Investors, Namwandi Hamanyanga
International Corporate Governance Practices And Their Implications On Investors, Namwandi Hamanyanga
LLM Theses and Essays
Corporate governance has become a bonafide subset of company’s law that is concerned with who directs the company and for whose benefit. Its application varies in countries found in the main legal jurisdictions of common and civil law. This thesis identifies these differences by highlighting national corporate governance systems existing in Germany, Japan, United Kingdom and United States. Together, these countries represent systems adopted by several countries located on all continents. Increased cross border investment in this era of globalization has been significantly affected by these governance systems. The thesis shows the reasons why investors, multinational corporations and nations have …
An End To The Political Question Doctrine In Korea?: A Comparative Analysis, Myeong-Sik Kim
An End To The Political Question Doctrine In Korea?: A Comparative Analysis, Myeong-Sik Kim
LLM Theses and Essays
The political question doctrine is one of the controversial issues in Korea and U.S. The most important point is, however, that the current trend on political questions in Korea is in line with that of American judicial activism. In other words, both countries are trying to narrow the range of the doctrine. Nonetheless, the two are proceeding in sharply opposite directions. Fully matured, even excessively extended American judicial activism should return to the classical separation of powers doctrine. In contrast, a developing Korean judicial activism should be accelerated by the support and encouragement of the people, in support of the …
Conflict Of Laws In The Enforcement Of Foreign Awards And Foreign Judgments: The Public Policy Defense And Practice In U.S. Courts, Anupama Parameshwaran
Conflict Of Laws In The Enforcement Of Foreign Awards And Foreign Judgments: The Public Policy Defense And Practice In U.S. Courts, Anupama Parameshwaran
LLM Theses and Essays
Public policy is one of the defenses that a court or a party may invoke in order to resist enforcement of an unjust foreign award or judgment. The purpose of this study is to analyze the status of the public policy as a defense to enforcement in the U.S and to examine its success rate. The thesis will contain suggestions to make public policy a more meaningful defense with respect to the enforcement of foreign judgments and its role in bringing about uniformity in the field of foreign judgments will be analyzed.
Freedom Of Speech, Cinema And Censorship: A Comparative Analysis Of Issues Of Freedom Of Speech Violations As A Result Of The Rating Regulation Authorities In The Motion Picture Industry In France And The United States, Stephanie Grenier
LLM Theses and Essays
Motion pictures may be the single greatest cultural influence on the collective psyche, along with television. The silver screen has become a reflection of France (where it was first invented) and the United States (where cinema is a major art form) as nations. With, arguably, [sic] is the national character of these countries at stake; one would expect the government to assert a substantial interest in monitoring this powerful cultural instrument. They do so in France, the industry in charge of it in the United States. Therefore, the success of the motion picture industry has come at the expense of …
A Comparison Of Environmental Impact Assessment Process Between The National Environmental Protection Act (Nepa) And The Basic Environmental Protection Act (Bepa), V An Rhee
LLM Theses and Essays
The importance of environmental laws in the developed countries has been well recognized for a long time and a number of regulations, orders and statutes are practically operated for protection of human environments. The environmental laws are firmly located as one of major laws in the legal systems of the United States. Although Korea’s environmental laws were made when those of the United States were created, different backgrounds Korea has affect from establishment of them to development and have brought about harms to environments, which are not originally intended. After several amendments of environmental laws of Korea, there is the …
Offshore Investments, Ana Maura M. Safrin
Offshore Investments, Ana Maura M. Safrin
LLM Theses and Essays
This paper presents a study about offshore investments. It offers a broad analysis of the most popular structures used to carry those investments, the reasons why individuals and corporations choose this path and places that offer benefits for foreign investors. It also presents a discussion about the point of view of some international organizations regarding the use of offshore jurisdictions. Since the author is from Brazil, a brief description of the Brazilian laws for investors that "go offshore" is included in addition to the American laws. The work experience of the author with the subject was a good source of …
Intervention In Roman Law: A Case Study In The Hazards Of Legal Scholarship, Peter A. Appel
Intervention In Roman Law: A Case Study In The Hazards Of Legal Scholarship, Peter A. Appel
Scholarly Works
In this Article, I offer a case study of one of the hazards presented by legal scholarship in law reviews as it has evolved over the last century. The standard law review article typically begins with an overview of the author's subject, frequently involving a historical perspective or a chronology of the development of a doctrine. This background section stems from a number of causes, but many attribute it to the fact that most law reviews are student-edited. In order to evaluate an author's argument, students need a brief course in, say, the basics of trade law and pollution control …