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Full-Text Articles in Law
Accountability Of Transnational Corporations Under International Standards, Lea Hanakova
Accountability Of Transnational Corporations Under International Standards, Lea Hanakova
LLM Theses and Essays
Due to the process of globalization and rapid economic evolution in the last several years, transnational corporations have become extremely powerful. There is an evident disproportion between the numerous rights enjoyed by transnational corporations and the scarce obligations undertaken by them. Given their transnational nature, transnational corporations have been successfully avoiding national regulations of both their home and host states, and they are seeking to operate in countries with the lowest standards so as to increase their profits. This has resulted in the violation of basic human rights. Therefore, there is an increasing need for the creation of international instruments …
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.
U.S. Foreign Direct Investment In Developing Countries: A Case Study Of Malaysia, Mexico And South Africa, Abenaa A. Oti-Prempeh
U.S. Foreign Direct Investment In Developing Countries: A Case Study Of Malaysia, Mexico And South Africa, Abenaa A. Oti-Prempeh
LLM Theses and Essays
There is an upsurge for foreign investment in developing countries. Developing countries that seek foreign investment actually prefer foreign direct investment. The issue of foreign direct investment has become a controversial issue among developing countries. Though this type of investment provides economic growth, employment, and infrastructure development, developing countries may also suffer legal and economic manipulation by the foreign investors at the expense of their countries’ resources. The foreign investment policies of developing countries that seek such foreign direct investment ultimately determine the actions of foreign investors. In many developing countries, foreign investment policies and other investment regulation are catalysts …
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.
Current Problems Of International Taxation Of Electronic Commerce, Nuran G. Kerimov
Current Problems Of International Taxation Of Electronic Commerce, Nuran G. Kerimov
LLM Theses and Essays
This thesis discusses the main problems that face tax authorities of many countries in the process of taxation of electronic commerce. It analyzes examples of problems posed by the growth of e-commerce in the context international direct and indirect taxation. Current international policy issues are the subject of discussion of the thesis. The thesis also analyzes some of the proposals regarding taxation of electronic commerce.
Transfer Pricing: A Comparative Study Of The French And U.S. Legal Systems, Valerie Ciancia
Transfer Pricing: A Comparative Study Of The French And U.S. Legal Systems, Valerie Ciancia
LLM Theses and Essays
For several decades, the number of multinational corporations has significantly increased and this phenomenon has created a new problem: the issue of transfer pricing. Indeed, national states have observed that multinationals could simply manipulate cross- border transfer pricing policies in order to shift profits from one jurisdiction to another. France, along with the United States, was one of the very first countries to introduce transfer-pricing legislations. Although the aims of the French and U.S. transfer pricing systems are similar, the means used to apply such rules are different and often raise difficulties to get rid of double taxations. Nevertheless, many …
Gap-Filling And Freedom Of Contract, Shumei Lu
Gap-Filling And Freedom Of Contract, Shumei Lu
LLM Theses and Essays
When a client asks his lawyer what his duties are under a particular contract, normally the lawyer’s first response is “show me the contract.” Does the contract provide all the contract duties in its expressed form? Definitely not. By now everyone acknowledges that, to some extent, all contracts have some gaps. Even the most carefully drafted document rests on volumes of assumptions that cannot be explicitly expressed.1 The inevitability of gaps reflects both our “relative ignorance of fact” and “our relative indeterminacy of aim.” Generally speaking, there are three types of gaps: first, the parties to a contract have not …