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Full-Text Articles in Law

From Paper To Electronic Order: The Digitalization Of The Check In The Usa, Benjamin Geva Jan 2016

From Paper To Electronic Order: The Digitalization Of The Check In The Usa, Benjamin Geva

Osgoode Legal Studies Research Paper Series

This article explores the various stages in the check payment in which electronic transmission has replaced physical delivery. Part I discusses converting the check into an electronic entry at a point of sale of goods and services. Part II addresses the electronic presentment of a check. Part III deals with the possible conversion of the check from paper to electronic, and vice versa, within the interbank check collection system. Interbank exchange of check images is the subject of Part IV. Part V addresses the electronic order that operates like a check but that has never been in a paper format. …


Corruption And Development: The Need Of International Investigations With A Multijurisdictional Approach And The Involvement Of Multilateral Development Banks With National Authorities, Juan Ronderos, Michelle Ratpan, Andrea Osorio Rincon Jan 2016

Corruption And Development: The Need Of International Investigations With A Multijurisdictional Approach And The Involvement Of Multilateral Development Banks With National Authorities, Juan Ronderos, Michelle Ratpan, Andrea Osorio Rincon

Osgoode Legal Studies Research Paper Series

The authors argue that while both Multilateral Development Banks (MDBs) and national governments have mechanisms to fight corruption, the outcomes of these enforcement mechanisms diverge. MDBs are interested in the causes and effects of corruption from a development perspective and, as such, tend to sanction Small and Medium Enterprises and individuals, while national governments are focused on a more punitive outcome, targeting larger multinational corporations. The article examines the enforcement objectives articulated in national legislation, namely the American Foreign and Corrupt Practices Act and its Canadian counterpart (the CFPOA) as well as several Canadian cases, on the one hand, and …


Electronic Verification Of Wire Payment Orders, Benjamin Geva Jan 2016

Electronic Verification Of Wire Payment Orders, Benjamin Geva

Osgoode Legal Studies Research Paper Series

Over the years, albeit less so in connection with consumer accounts, the bank's absolute liability became subject to exceptions. Particularly, bypassing a classical text explicitly to the contrary, it had been recognized that a customer's fault can lead to the forgery of the customer's own signature and hence to forgery losses.


Best Practice For The Uniform Treatment Of Wire Payments, Benjamin Geva Jan 2016

Best Practice For The Uniform Treatment Of Wire Payments, Benjamin Geva

Osgoode Legal Studies Research Paper Series

Like any method of payment, the wire transfer may be either an "on-us" or interbank payment. In Canada, as long as they are between large banks, interbank wire payments are processed through the Canadian Payments Association's ("CPA") Large Value Transfer System ("LVTS").


Key Flaws In The European Commission’S Proposals For Foreign Investor Protection In Ttip, Gus Van Harten Jan 2016

Key Flaws In The European Commission’S Proposals For Foreign Investor Protection In Ttip, Gus Van Harten

Osgoode Legal Studies Research Paper Series

In November 2015, the European Commission released a proposed text on foreign investor protection in the EU-US Transatlantic Trade and Investment Partnership (TTIP). In this paper, I outline key flaws in this proposal, including language buried in the text that significantly undermines the EC's proposed provisions on the investment court system (ICS) and on the right to regulate.