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International Trade Law Commons

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2016

Banking and Finance Law

Articles 1 - 20 of 20

Full-Text Articles in International Trade Law

Gcc Vat: The Intra-Gulf Trade Problem, Richard Thompson Ainsworth, Musaad Alwohaibi Nov 2016

Gcc Vat: The Intra-Gulf Trade Problem, Richard Thompson Ainsworth, Musaad Alwohaibi

Faculty Scholarship

It seems reasonably clear that by January 1, 2018 events will be set in motion for the adoption of a community-wide 5% value added tax (VAT) in the six Member States of the Gulf Cooperation Council (GCC).

The GCC’s Framework VAT document is expected to be published by the end of October 2016. One of the clearest, consistently placed observations is that the Arabian VATs will be destination-based and modeled on a European credit-invoice design. Intra-Gulf business-to-business (B2B) transactions will be effectively zero-rated by the supplier, and the buyer’s VAT will be directed to the destination jurisdiction. It is not …


Basel Iii And The Future Of Project Finance Funding, Tianze Ma Oct 2016

Basel Iii And The Future Of Project Finance Funding, Tianze Ma

Michigan Business & Entrepreneurial Law Review

This paper seeks to analyze the new requirements in the Basel III banking regulatory framework and explore their impact on commercial banks’ project finance portfolio. The paper begins with a general introduction of the Basel Accords, followed by an analysis of the changes in the Basel III requirements and their potential impact on project finance, in particular the effects of the liquidity coverage ratio (LCR) and the net stable funding ratio (NSFR). The paper ends with a discussion of alternative sources of project finance funding that emerged as a result of the new regulatory regime.


The European Union’S Emerging Approach To Isds: A Review Of The Canada-Europe Ceta, Europe-Singapore Fta, And European-Vietnam Fta, Gus Van Harten Sep 2016

The European Union’S Emerging Approach To Isds: A Review Of The Canada-Europe Ceta, Europe-Singapore Fta, And European-Vietnam Fta, Gus Van Harten

Articles & Book Chapters

The European Union’s approach to ISDS is examined based on the available textual evidence in proposed or negotiated trade agreements. The evaluation focuses on three criteria: judicial independence, procedural fairness, and balance in the allocation of rights and responsibilities. Each criteria arises from concerns about the powerful and far-reaching arbitration mechanism at the core of ISDS and its role to decide the legality of sovereign conduct and allocate public funds to foreign investors. The main conclusions are that, in pursuing a massive expansion of ISDS in new trade agreements, the European Union has taken only partial steps on the issue …


Legal Aspects Of Convertibility, Dr. Rainer Geiger Jun 2016

Legal Aspects Of Convertibility, Dr. Rainer Geiger

Georgia Journal of International & Comparative Law

No abstract provided.


The Standard Investment Agreement: Text And Comments, Philippe Kahn Jun 2016

The Standard Investment Agreement: Text And Comments, Philippe Kahn

Georgia Journal of International & Comparative Law

No abstract provided.


Regulating Foreign-Based Institutions For Collective Investment: The German Statute, The American Experience, And The Oecd Standard Rules, Charles B. Robson Jr. Jun 2016

Regulating Foreign-Based Institutions For Collective Investment: The German Statute, The American Experience, And The Oecd Standard Rules, Charles B. Robson Jr.

Georgia Journal of International & Comparative Law

No abstract provided.


The Proper Reach Of Territorial Jurisdiction: A Case Study Of Divergent Attitudes, Philippe Schreiber Apr 2016

The Proper Reach Of Territorial Jurisdiction: A Case Study Of Divergent Attitudes, Philippe Schreiber

Georgia Journal of International & Comparative Law

No abstract provided.


In Her Words: Recognizing And Preventing Abusive Litigation Against Domestic Violence Survivors, David Ward Apr 2016

In Her Words: Recognizing And Preventing Abusive Litigation Against Domestic Violence Survivors, David Ward

Seattle Journal for Social Justice

No abstract provided.


Let’S Talk About Sex: A Call For Guardianship Reform In Washington State, Sage Graves Apr 2016

Let’S Talk About Sex: A Call For Guardianship Reform In Washington State, Sage Graves

Seattle Journal for Social Justice

No abstract provided.


Don’T Risk It; Wait Until She’S Sober, Patrick John White Apr 2016

Don’T Risk It; Wait Until She’S Sober, Patrick John White

Seattle Journal for Social Justice

No abstract provided.


Prostitution Policy: Legalization, Decriminalization And The Nordic Model, Ane Mathieson, Easton Branam, Anya Noble Apr 2016

Prostitution Policy: Legalization, Decriminalization And The Nordic Model, Ane Mathieson, Easton Branam, Anya Noble

Seattle Journal for Social Justice

No abstract provided.


His Feminist Facade: The Neoliberal Co-Option Of The Feminist Movement, Anjilee Dodge, Myani Gilbert Apr 2016

His Feminist Facade: The Neoliberal Co-Option Of The Feminist Movement, Anjilee Dodge, Myani Gilbert

Seattle Journal for Social Justice

No abstract provided.


Living Under The Boot: Militarization And Peaceful Protest, Charlotte Guerra Apr 2016

Living Under The Boot: Militarization And Peaceful Protest, Charlotte Guerra

Seattle Journal for Social Justice

No abstract provided.


Let’S Invest In People, Not Prisons: How Washington State Should Address Its Ex-Offender Unemployment Rate, Sara Taboada Apr 2016

Let’S Invest In People, Not Prisons: How Washington State Should Address Its Ex-Offender Unemployment Rate, Sara Taboada

Seattle Journal for Social Justice

No abstract provided.


Bank Frauds And Tracking The Hidden Assets, Albert F. Tellechea, Michael J. Cortes Jan 2016

Bank Frauds And Tracking The Hidden Assets, Albert F. Tellechea, Michael J. Cortes

Florida A & M University Law Review

Each year banks are the targets of insider and outsider fraudulent activity. Borrowers overstate their assets and holdings in order to obtain loans for which they would never otherwise qualify. Employees embezzle, steal, or conspire with crooked clients for a kickback, and billions are lost. Law enforcement agencies around the world are reporting increased instances of corporate, mortgage, and bank fraud. For example, the United States Federal Bureau of Investigations ("FBI") in its FY2007 Financial Crimes Report states that its corporate fraud cases doubled from five years earlier. Through FY2007, U.S. Grand Juries returned 183 indictments resulting in 173 convictions. …


Free Trade, The Washington Consensus, And Bilateral Investment Treaties The South African Journey: A Rethink On The Rules On Foreign Investment By Developing Countries, Ziyad Motala Jan 2016

Free Trade, The Washington Consensus, And Bilateral Investment Treaties The South African Journey: A Rethink On The Rules On Foreign Investment By Developing Countries, Ziyad Motala

American University Business Law Review

No abstract provided.


The Extraterritorial Effects Of The Volcker Rule, 4 J. Marshall Global Mkt. L.J. 1 (2016), Liliya Bozhanova Jan 2016

The Extraterritorial Effects Of The Volcker Rule, 4 J. Marshall Global Mkt. L.J. 1 (2016), Liliya Bozhanova

John Marshall Global Markets Law Journal

Section 619 of the Dodd-Frank Wall Street Reform and Consumer Protection Act, commonly referred to as the “Volcker Rule”, essentially prohibits “banking entities” from engaging in “proprietary trading” and from acquiring or retaining an ownership interest in, sponsoring, or having certain relationships with a hedge fund or a private equity fund. The rule has been controversial not only because of its substantive content but also due to its extraterritorial reach, which has a significant impact on foreign banking entities that have U.S. affiliates. The Volcker Rule’s extraterritoriality lies within the broad definition of the term “banking entity”, which includes not …


Insiders Anonymous: The Third Circuit Rehabilitates Sec Rule 10b5-2(B)(2) And Extends Liability For Insider Trading To Non-Fiduciaries In United States V. Mcgee, 4 J. Marshall Global Mkt. L.J. 15 (2016), Scott Henry Jan 2016

Insiders Anonymous: The Third Circuit Rehabilitates Sec Rule 10b5-2(B)(2) And Extends Liability For Insider Trading To Non-Fiduciaries In United States V. Mcgee, 4 J. Marshall Global Mkt. L.J. 15 (2016), Scott Henry

John Marshall Global Markets Law Journal

This Article examines the development of insider trading law under SEC Rule 10b-5, and the Third Circuit Court’s decision in United States v. McGee to extend liability for securities fraud under Rule 10b5-(2)(b)(2) to corporate outsiders without a fiduciary relationship to the corporation in whose securities they trade.


Regulation Automated Trading: Cftc Source Code Turnover Provision Is Unnecessary And Dangerous To U.S. Markets, 4 J. Marshall Global Mkt. L.J. 37 (2016), Thomas Laser Jan 2016

Regulation Automated Trading: Cftc Source Code Turnover Provision Is Unnecessary And Dangerous To U.S. Markets, 4 J. Marshall Global Mkt. L.J. 37 (2016), Thomas Laser

John Marshall Global Markets Law Journal

Over the past several decades, the financial markets have experienced a technological revolution in how securities and other financial instruments are traded. Where these contracts and assets were once traded on the floors of various registered brick and mortar exchanges across the globe, they are now primarily traded via online platforms. While allowing greater efficiency and transparency in the markets, this shift has also spawned the practice of high-frequency algorithmic trading. This process uses highly sophisticated computers and complex algorithms to trade securities and derivative products faster than the human eye can blink. Although many argue that high-frequency algorithmic trading …


A Trending Use Of Insulation And A Temporary Way Out, 4 J. Marshall Global Mkt. L.J. 51 (2016), Jennifer Leung Jan 2016

A Trending Use Of Insulation And A Temporary Way Out, 4 J. Marshall Global Mkt. L.J. 51 (2016), Jennifer Leung

John Marshall Global Markets Law Journal

In order to understand the constitutionality of the SEC’s administrative process, Part II of this Article begins with a history of Article II’s Appointments Clause. Part III describes the competing theories resulting from a circuit split, specifically Hill v. Securities & Exchange Commission and Bebo v. Securities Exchange Commission. Part IV of this Article then evaluates the impact of the Appointments Clause on the Dodd-Frank Act and discusses the consequences of raising meritless constitutional questions that jeopardize the intent of the Dodd-Frank Act. Subsection IV.A. explains the exhaustion doctrine and subsection IV.B. explores Congress’s intent of implementing the Dodd-Frank Act, …