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Articles 1 - 23 of 23
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Legislation And Implementation Of International Environmental Law By African Countries: A Case Study Of Ghana, Brigitte L. Okley
Legislation And Implementation Of International Environmental Law By African Countries: A Case Study Of Ghana, Brigitte L. Okley
LLM Theses and Essays
The purpose of my thesis is to bring to the light the efforts of African countries, in this case Ghana, in implementing their environmental commitments under international law and some of the problems they face in this regard. African countries played a tremendous role in the emergence of international environmental law, after which environmental institutions and legislations have been set up for the conservation and management of natural resources. The thesis will discuss environmental issues particularly in Ghana, its obligation under various multilateral environmental conventions. The thesis will also focus on some of Ghana’s policies on the environment and its …
Recognition And Enforcement Of International Commercial Arbitration Awards, Shouhua Yu
Recognition And Enforcement Of International Commercial Arbitration Awards, Shouhua Yu
LLM Theses and Essays
Arbitration is an effective way to solve disputes, through which parties from different countries can be partially free from anyone’s local jurisdiction. However, the recognition and enforcement of international arbitration awards still rely on the national court system. Since China opened its door to the world, more and more commercial disputes have been settled through arbitration. However, many foreign investors and writers have complained about the defects in the recognition and enforcement of arbitration awards in China. This paper will look into the causes of these defects in, and try to find ways to resolve the defects.
Protection Of Children From Exploitation In West Africa: Illusion Or Reality?, Afua Brown-Eyeson
Protection Of Children From Exploitation In West Africa: Illusion Or Reality?, Afua Brown-Eyeson
LLM Theses and Essays
This thesis analyses the implementation of the main international and regional conventions, which guarantees the protection of children s rights and their effectiveness in combating the issue of child trafficking in West Africa. This paper examines both internal and external child trafficking and some of the causes of this menace. The thesis argues that the international and regional conventions, regardless of their efforts to protect the rights of the children, have failed to achieve their purpose especially in the subregion. In summary, this paper concludes that unless the issue of poverty, which is the underlying factor in the exploitation of …
Contracts And Electronic Agents, Sabrina Kis
Contracts And Electronic Agents, Sabrina Kis
LLM Theses and Essays
The purpose of this thesis is to analyze the formation of contracts concluded by electronic agents both in the European Union and the United States. Technology is in constant evolution and the possibilities offered by electronic agents today are far from the ones that could be developed tomorrow. Thus, law faces a permanent challenge to adapt itself to these changes. This paper aims to show that the existing principles do not provide an appropriate legal frame for this new type of contract. In addition, since legislatures have attempted to regulate this new way of doing business, this thesis analyzes the …
Comparative Analysis Of Federal Income Tax Imposed On U.S. C Corporations And Russian Joint Stock Companies, Alina Y. Mitskevich
Comparative Analysis Of Federal Income Tax Imposed On U.S. C Corporations And Russian Joint Stock Companies, Alina Y. Mitskevich
LLM Theses and Essays
This thesis compares federal income tax imposed on corporations in two different tax systems: U.S. and Russian. Russian joint stock companies and U.S. C corporations are viewed as subjects of the federal income tax. The thesis analyzes and compares such elements of corporate federal income tax as taxpayers, tax base, rates. The focus of the paper is to find in the U.S. tax system advantages which may be successfully adopted by Russia.
The Challenges Of Tax Collection In Developing Economies (With Special Reference To India), Pramod K. Rai
The Challenges Of Tax Collection In Developing Economies (With Special Reference To India), Pramod K. Rai
LLM Theses and Essays
This paper gives an overview of the Indian tax system and discusses the challenges in tax collection faced by developing economies using India as a model. The paper discusses the ways and means to reduce the black economy and to improve tax compliance for better collection of revenue. The paper further proposes the establishment of a dispute resolution system in developing economies similar to that of the United States for speedy and fair settlement of taxation disputes.
Sound Record Producers' Rights And The Problem Of Sound Recording Piracy, Stanislava N. Staykova
Sound Record Producers' Rights And The Problem Of Sound Recording Piracy, Stanislava N. Staykova
LLM Theses and Essays
This paper will describe some current issues and developments that are of relevance to sound recordings protection, as they are experienced and debated in industry and among customers, as well as policy making bodies. The paper’s focus is on the historical development of sound recordings protection under United States Copyright law. In Part II, this paper will explore early federal and state law protections for sound recordings, including the Copyright Act of 1909, common law protections, and state statutes. This section also will trace the development of proposals for a federal statute granting express copyright protection for sound recordings. In …
The Change Of Corporate Governance Structure In The United States And Taiwan, Yifan Tseng
The Change Of Corporate Governance Structure In The United States And Taiwan, Yifan Tseng
LLM Theses and Essays
This thesis is discussed corporate governance issues in different legal schemes, mainly about the latest legal reforms in the United States, and Taiwan. And it is also talked about what kinds of impacts of the latest legal reforms of corporate governance in the United States on the foreign private issuers listed their securities in the NYSE or Nasdaq. Different corporate governance structures are derived from different legal basis and there is no perfect corporate governance model, however, with globalization and integration of financial and capital markets, the stronger the markets are, and the more influential their corporate governance structures would …
The Institutional Framework Of The European Union For The Conduct Of Foreign Affairs, Frederic Eggermont
The Institutional Framework Of The European Union For The Conduct Of Foreign Affairs, Frederic Eggermont
LLM Theses and Essays
This thesis will analyze the evolution in the institutional framework for the conduct of foreign policy in the European Union until the Draft Treaty establishing a Constitution for Europe. This evolution will be compared with the institutional development in the United States. The intention of this thesis is to focus on the European Union and to point to similar evolutions in the United States.
Historical Aspects Of State Arbitration Policy, Elton R. Lanier
Historical Aspects Of State Arbitration Policy, Elton R. Lanier
LLM Theses and Essays
This study examines state arbitration policy in Georgia from its establishment as a colony until the present time. It describes early informal and nonjudicialized procedures such as the Muhlenberg arbitration in Ebenezer in 1774; initiatives of the Georgia Legislature for the arbitral resolution of disputes; the application of arbitral devices in Georgia’s tax and municipal corporation law; arbitration in Georgia’s chambers of commerce and boards of trade, and forms of public law arbitration still existing in Georgia. The survey then shifts its attention to formal and judicialized arbitration in Georgia, focusing on the rise of uncodified common law arbitration in …
Regulating Non-Territorial Commercial Environments In Territorial-Based Legal Systems, Pedro Martin G. Less Andrade
Regulating Non-Territorial Commercial Environments In Territorial-Based Legal Systems, Pedro Martin G. Less Andrade
LLM Theses and Essays
The purpose of the following work is the identification and analysis of the legal and technological challenges that transnational electronic commerce carried out over open computermediated networks presents to legal systems based on territorial principles in order to delineate global and systematic solutions to this new non-territorial commercial environment. A possible global, systematic and technologically oriented legal solution will create a new commercial environment safer for consumers, more predictable for businesses and with equal opportunities of access and growth for all countries.
Issues Regarding The Most Effective Tool Of U.S. Bankruptcy Law, Zeenat Kera
Issues Regarding The Most Effective Tool Of U.S. Bankruptcy Law, Zeenat Kera
LLM Theses and Essays
This thesis addresses three areas in which there have been important developments concerning the automatic stay of the U.S. Bankruptcy law, provided by 11 U.S.C. § 362. The first part of the thesis addresses and analyses the question whether state courts have jurisdiction to determine their own jurisdiction when the automatic stay is at issue. The consensus, however, now seems to favor the traditional and correct view, that while bankruptcy courts alone have jurisdiction to lift or modify the stay, state courts, have jurisdiction to determine whether the stay does or does not cut off its jurisdiction to reach the …
The Question Of Non-Trade Issues In The Wto From A Developing Country Perspective, Cecilia Alzamora
The Question Of Non-Trade Issues In The Wto From A Developing Country Perspective, Cecilia Alzamora
LLM Theses and Essays
Many developed countries have proposed enlarging the mandate of the WTO to protect the environment and labor rights. The idea was fiercely challenged by third-world countries becoming an unsurpassable obstacle in the negotiations. For supporters of a stronger WTO, the TRIPS Agreement is a good example that underscores the need to back up the trading system to enforce standards. This analysis attempts to demonstrate that there are less controversial alternatives to achieve environmental and social goals. The different nature of IPR and labor rights makes the TRIPS Agreement a weak example to prove the goodness of enforcing standards through the …
Comparison Of New Zealand And United States Securities Markets Through The Looking Glass Of The Efficient Market Hypothesis, Carla Natalia Gargiulo
Comparison Of New Zealand And United States Securities Markets Through The Looking Glass Of The Efficient Market Hypothesis, Carla Natalia Gargiulo
LLM Theses and Essays
In the United States the Efficient Market Hypothesis has dictated academic debate on securities law, particularly in the consideration of the regulatory system of mandatory disclosure under the Securities Exchange Act 1934.1 In New Zealand the Efficient Market Hypothesis has rarely been cited by the legal fraternity, the courts or by politicians. However, capital market ideas are entrenched in the Efficient Market Hypothesis,2 and because New Zealand has been at the forefront of deregulation since the early 1980s it has a regulatory system of mandatory disclosure which reflects, at least in part, the principles of the Efficient Market Hypothesis Chapter …
Unilateral Refusals To Deal In Intellectual Property As Monopolistic Conduct, Bolanle Meshida
Unilateral Refusals To Deal In Intellectual Property As Monopolistic Conduct, Bolanle Meshida
LLM Theses and Essays
Much has been written about the antitrust intellectual property conflict. The former promotes competition by prohibiting monopolies that harm competition, while the latter promotes competition by granting monopolies. This paper focuses on refusals to deal in intellectual property rights as violation of antitrust law. The paper explores refusals to deal as monopolistic conduct in antitrust law and relates this with refusals to deal in intellectual property rights. The paper concludes with an analysis of the success rate of antitrust scrutiny of intellectual property rights.
Family Businesses, Choices Of Legal Entity, Martina L. Rojo
Family Businesses, Choices Of Legal Entity, Martina L. Rojo
LLM Theses and Essays
There is not a “best” choice of legal entity for Family Business in the USA and in Argentina. The different legal choices provide with “better” or “worse” options of legal entity according with the entrepreneurs’ expectations and concerns. However, some legislation in the USA has recognized the special characteristics of Family Businesses, and allows more possibilities of customization of the governance structure and succession planning of such businesses. Argentina’s law should follow that path
Fiduciary Duties Of Directors In The Context Of Going-Private Transactions To The Minority Shareholders Under Delaware Law, Yuan Wang
LLM Theses and Essays
This thesis discusses the different fiduciary duties and standards of review imposed by Delaware laws on the directors to the minority shareholders in the going-private transactions structured either as a merger or as a tender offer voluntarily initiated by the controlling In the context of a merger, the disinterested and independent directors will face a duty of care and be subject to the business judgment rule. For the interested or dependent directors, they will bear a duty of loyalty and be bound to the entire fairness standard accordingly. In the case of a tender offer, currently the Delaware courts impose …
Cybercrime, Karissa Ayala
Cybercrime, Karissa Ayala
LLM Theses and Essays
As the new information age develops and grows in all areas of communication technologies, it imposes new challenges to the legal system in protecting individuals and companies. These new challenges are the result of the Internet increase in scope and complexity. While society is receiving great benefits from the Internet, they are also confronting a new type of crime, cyber crime. Cyber crime includes a wide variety of illegal acts committed using the computer, and because of the continuous technology developments is impossible to create an exhaustive list of all actions considered a cyber crime. In order to facilitate the …
Legal Structures Of European Security And Defense Policy And War Powers Under The U.S. Constitution, Heiko Buesing
Legal Structures Of European Security And Defense Policy And War Powers Under The U.S. Constitution, Heiko Buesing
LLM Theses and Essays
The EU is developing new structures for its Security and Defense Policy and tries to achieve a more integrated security and defense policy. Currently, the principle of unanimity controls the conduct of the EU’s Common Security and Defense Policy. This is one main reason why the EU is in some cases unable to speak with one voice. In the U.S., the President and Congress are the main players in the area of war powers. The President is the most important actor in the area of foreign affairs. However, Congress has the power of the purse and the power to declare …
U.S. Antidumping Law And Practices Against Korean Exports, Jinwook Choi
U.S. Antidumping Law And Practices Against Korean Exports, Jinwook Choi
LLM Theses and Essays
The U.S. is one of the biggest markets for Korean exports since the industrialization step of Korea. Therefore, the U.S. trade law and policy have played an important role in the Korean economy and industry. In this point, it is necessary to examine related laws and practices of the U.S trade policy specifically on the antidumping measures as a major treatment. The objective of this thesis is to critically analyze some elements of the U.S. Antidumping Law and to find apparent or dormant problems in the practices of the International Trade Commerce and the Department of commerce. To do so, …
Regulation Of Hate Speech, Haiping Deng
Regulation Of Hate Speech, Haiping Deng
LLM Theses and Essays
Facing an increase of hate speech incidents on campus and in society at large, egalitarians have made great efforts to advocate (when there is no regulation) or to defend (when there is regulation) hate speech regulation. Meanwhile, civil libertarians have counter argued forcefully. This paper is designed to do an internal critique of various egalitarian arguments. Part I is introduction. Part II and Part III give a concise description of many egalitarian arguments. Part IV tries to do an internal critique of those arguments. Part V is the conclusion: though egalitarians have made a great effort to advocate or defend …
Private Party Participation In The World Trade Organizations, Taehyung Im
Private Party Participation In The World Trade Organizations, Taehyung Im
LLM Theses and Essays
This paper discusses private party participation in the WTO dispute resolution system. Notwithstanding the rule-oriented reform of the WTO, there are many improvements that can be made to the WTO dispute resolution system. The lack of standing for private parties to raise a claim before the WTO dispute resolution system means there are many potential international trade dispute claims that are never resolved. Private counsel representation and submission of amicus brief by private parties acknowledge that WTO are realizing the efficacy of private interests in international trade matters. These changes, however, are not sufficient for private parties to protect their …
Unilateral Refusals To Deal In Intellectual Property As Monopolistic Conduct, Bolanle Meshida
Unilateral Refusals To Deal In Intellectual Property As Monopolistic Conduct, Bolanle Meshida
LLM Theses and Essays
Much has been written about the antitrust intellectual property conflict. The former promotes competition by prohibiting monopolies that harm competition, while the latter promotes competition by granting monopolies. This paper focuses on refusals to deal in intellectual property rights as violation of antitrust law. The paper explores refusals to deal as monopolistic conduct in antitrust law and relates this with refusals to deal in intellectual property. The thesis concludes with an analysis of the success rate of antitrust scrutiny of intellectual property rights.