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A Comparative Assessment Of U.S. Direct Investment In China And India, Kalpana Arjunan
A Comparative Assessment Of U.S. Direct Investment In China And India, Kalpana Arjunan
LLM Theses and Essays
Foreign direct investment (FDI) has made a dynamic surge into the world economy in the last fifteen years by growing strongly at rates well above those of global foreign trade. China and India attract a significant portion of the global FDI, however, the magnitude of China’s FDI flows is much larger than that of India’s. The special reason for China’s super-magnetic attraction of FDI is intriguing. This dissertation is an attempt to answer the question by making a comparative assessment of the legal framework governing FDI in China and India, with special reference to U.S direct investment, thereby identifying lessons …
Trade-Related Environmental Measures And Gatt: The Conflict Between Trade Libralization And Environmental Protection, Fang Zheng
LLM Theses and Essays
GATT/WTO firmly establishes a global free trade regime, which is dedicated to free and freer global trade, to the benefit of all nations. However, trade liberalization poses great risk to the environment, which has been in a process of deterioration. Thus, many countries, especially developed ones, have begun to enact TREMs, with an eye to force, or induce other countries, especially developing ones, to strengthen their commitment to environmental protection. Developing countries feel they are targeted by developed ones mala fide. Thus, disputes and debates arise. This thesis is an attempted effort made to point out that TREMs reflect a …
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.
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 …
Interim Measures In International Commercial Arbitration: Past, Present And Future, Sandeep Adhipathi
Interim Measures In International Commercial Arbitration: Past, Present And Future, Sandeep Adhipathi
LLM Theses and Essays
This work is a comparative study of the availability and handling of interim measures in international commercial arbitration in different legal systems. It studies the difference in handling of interim measures and the need for a harmonized structure. It also contains a review of the proposed draft amendment to the UNCITRAL Model Law and further suggests a different version for the amendment.
Protection Of Consumer Privacy In E-Commerce, Choong L. Ha
Protection Of Consumer Privacy In E-Commerce, Choong L. Ha
LLM Theses and Essays
Among the negative effects on Internet consumers, the divulgence of personal information to the public has been reported as one of the most serious infringements on consumer rights. Both consumers and sellers around the world have sought to come up with an optimal solution for information privacy. Several incompatible characteristics of regulating consumer privacy in e-commerce between the U.S. and Korea were explored, and curative suggestions were made to establish a new legal framework to protect online consumer privacy. First, Korea’s regulations for protecting online consumer privacy were found to be centrally controlled, while the U.S. authorities have encouraged self-regulation. …
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.
International Arbitration And Procedures To Enforce Awards In The Relationship Between The United States And Germany, Michael Kronenburg
International Arbitration And Procedures To Enforce Awards In The Relationship Between The United States And Germany, Michael Kronenburg
LLM Theses and Essays
Arbitration has long been regarded as a process that combines finality of decision with speed, low expense, and flexibility in solving problems. For these reasons, arbitration is often favored over litigation for dispute resolution. Particularly in international cases, a businessman may avoid litigation in a foreign country for various reasons: he may be unfamiliar with the proceedings; he may be afraid to find a “forum hostile” because of the different legal and cultural background of the judges; and he may wish to avoid the uncertainty concerning the law arising from the contract. Arbitration proceedings have been held constitutional by the …