International Law Articles
Articles written by lawyers and expert witnesses worldwide
explaining the different aspects of International Law.
October 20, 2016 By Patrikios Pavlou & Associates LLC
The main goal of the revised scheme is a further encouragement of Immediate Foreign Investments.
October 20, 2016 By Wadeson
With a recent drop in trade mark official filing fees, Australia just became up to 50% less expensive for foreign trade mark applicants to designate in an international registration under the Madrid Protocol (international registration designating Australia, or IRDA).
October 19, 2016 By Herdem Attorneys at Law
Most probably many people would not know more about where offset/industrial participation discussions were moving toward before the article titled “The defence industry: Guns and Sugar” has been published on The Economist’s 25 May 2013 dated issue.
October 18, 2016 By GRP Rainer LLP
Members of the truck cartel will have to pay a fine totaling approx. 2.9 billion euros, and things could become even more expensive if damages claims brought by clients follow.
The Necessity and Some Problematic Aspects of the Choice of Law Clauses for International Transactions
October 17, 2016 By iLex Law Firm Armenia
In their day by day practice business entities very often conclude transactions that have cross border nature for example a company may conclude a contract with the entities from deferent country and even from different legal system. In this context, the important issue that need to be considered is which law would be applicable to the contract concluded between such entities.
October 14, 2016 By Economides Kranos & Co. LLC
The Council of Ministers of the Republic of Cyprus, on the 13th of September 2016 has issued an amended Regulation in relation to the Scheme for Naturalisation (Citizenship) of Investors in Cyprus by Exception.
"Failure to Use" as a Legal Ground to Cancel the Registration of the Trademark ‘’McDonald’’ in Armenia
October 7, 2016 By iLex Law Firm Armenia
In 2014 WEST LLC company registered in the Federation of Russia, has submitted a number of applications to the Administrative Court of RA, requesting to cancel the registrations of the trademarks owned by McDonalds Corporation and registered by the Agency of the Intellectual Property of the Republic of Armenia (McDONALD'S).
October 5, 2016 By Hammond, Minciu and Associates
The court system in Romania is still to many a confusing impenetrable system. In the past the rules and regulations seem to have a mind of their own which only the judges and a few practioners seem to fully understand. Fortunately, with a more up to date approach and exposure of the legal system to the EU rules this is no longer the case which it
October 6, 2016 By Acabogado PTY
Panama has a Corporations Act, which facilitates business and investment, so it is recommended to entrepreneurs take advantage offered by this type of society, when starting your business.
October 3, 2016 By Margareth Galho & Associates
According to the provisions of the International Convention on the Arrest of Sea-Going Ships, signed at Brussels 10 May 1952, capture means the detention of a ship by judicial process to secure a maritime claim, but does not include the seizure of a ship in execution or satisfaction of a judgment.
September 29, 2016 By Law office Dr. Cornelia Draganova
Many UK nationals have purchased in Bulgaria an apartment, a house with land or simply a piece of land in the mountains or near the seaside to build on it or just as an investment. Such properties have been acquired either personally by the investors or through an investor´s owned Bulgarian entity that represented a vehicle to overcome the legal restrictions applicable at that time for the acquisition of land in Bulgaria.
September 29, 2016 By Soteris Pittas & Co L.L.C.
The EU Regulation No. 655/2014 establishes a European Account Preservation procedure to facilitate cross-border debt recovery in civil and commercial matters which shall be implemented in Cyprus on the 18th of January 2017.
September 26, 2016 By MMLC Group
On September 3, 2016, the Ministry of Commerce (MOFCOM) released a draft of the Interim Measures for the Administration of the Recordation of Establishment and Changing of Foreign Invested Enterprises (the Interim Measures) for public opinion solicitation. This article looks at this draft and discussions its implications.
September 26, 2016 By Lombardi Aguilar Group
Decree Law 5 of 1997 included several improvements for the redomiciliation and powers of attorney for corporations which are still useful today
September 22, 2016 By Hazim AL-Madani Law Firm
Saudi Arabia’s economy showed an impressive performance in the retail sector as per survey of 2015. Saudi Arabia’s retail sector is the largest in Gulf Cooperation Council (GCC), representing 42% of the council’s market size, followed by the UAE (29%) and Qatar (11%).
September 21, 2016 By DLF Attorneys at Law
One of the means for protection of foreign investment is the conclusion of international agreements on promotion and protection of investment.
September 21, 2016 By DLF Attorneys at Law
The main provisions of the Ukrainian legislation governing taxation in agriculture are embodied in the Tax Code of Ukraine, which regulates the special tax regime in the agricultural sector. Ukraine’s tax law provides certain tax benefits for agricultural producers.
September 19, 2016 By DLF Attorneys at Law
Corporate Taxpayers: Corporate Income Tax (CIT) is paid by the resident companies, which receive income in Ukraine as well as abroad. CIT is also paid by the non-resident companies, which receive income from Ukrainian sources.
September 15, 2016 By AMS Advocaten
In the current economic climate, more and more people in the Netherlands have problems repaying consumer credits. To protect consumers, lenders (banks) must comply with strict standards to prevent so-called excessive lending. We use a recent case to enlighten you as to how excessive lending is underwritten in the Netherlands.
September 7, 2016 By Kenton Miles Legal Network
Doing Business in Italy - It should be noted that there are subtle differences compared to other countries and it is important that these are understood before deciding to set-up a company in Italy.
September 6, 2016 By Law Offices of Grinberg & Segal
International adoption laws and procedures are complicated. It is important to consult with an experienced immigration attorney who has experience working as an international adoption attorney.
August 31, 2016 By Hammond, Minciu and Associates
The first question international clients usually ask lawyers in Romania is how long will it take to incorporate a company. For an experienced law firm, that should be an easy question to answer, but like most things in the current business world, the answer is not as simple as the question would lead you to believe.
August 30, 2016 By Mariscal Abogados
FinTech is becoming one of the most influential sectors within the economy. It has simplified mundane and extensive tasks in many industries through technological innovation within the financial sector. Law firms are starting to benefit from FinTech through different tools, which could possibly lead to law firms becoming smaller entities as more work is left to computers.
August 26, 2016 By Michalopoulou & Associates
Individual developers as well as SMEs across the world are currently developing a Cambrian explosion of business activity on mobile. This in turn creates data protection issues, as the data stored and processed concerns highly private health information. It is therefore essential to design health apps in a way that ensures user privacy.
August 26, 2016 By Michalopoulou & Associates
In general, a patient’s choice whether he will undergo a particular treatment or participate in a clinical trial constitutes an expression of his autonomy and human dignity. His consent ensures respect of his personality, dignity and free will. In the health sector, consent is necessary for every intervention on the human body, while a different consent is also required for further using in research personal health data.
August 25, 2016 By Hammond, Minciu and Associates
Whilst the protection of Know-how and Trade Secrets is usually covered in local law there is often confusion as to how this will translate internationally and how will clauses covering this in a contract governed by one law be considered in another jurisdiction.
August 22, 2016 By Cengiz & Opak Law Office
Although arbitration is considered as a reasonable form of alternative dispute resolution, foreign arbitral awards are subject to an enforcement procedure. In this sense, The New York Arbitration Convention on the Recognition and Enforcement of Foreign Arbitral Awards provides a simplified procedure for recognition and enforcement in the contracting states including Turkey.
August 22, 2016 By DLF Attorneys at Law
In 2015 Ukrainian legislation related to the acquisition of a significant shareholding in a bank was substantially amended. This was due to the harmonisation of Ukrainian legislation with EU legislation. Changes were, therefore, made to the laws of Ukraine as to the transparency of ownership structure, including the ultimate beneficiaries, of the banks, increase in the liability of the shareholders and related persons of the bank, etc.
August 17, 2016 By Aleksey Pukha & Partners
In accordance with the Constitution of Ukraine, foreigners and stateless persons who are in Ukraine on legal grounds enjoy the same rights and freedoms and also bear the same duties as citizens of Ukraine.
August 15, 2016 By APC Law Firm
Foreign investments are invested by foreign investors’ values in objects of investment activities in order to make a profit or to achieve social effect.
August 11, 2016 By APC Law Firm
There are internal and external labor migrations. Internal migration is implemented within a country, while foreign migrant workers involve leaving the territory of the country, to take up well-paid employment abroad. Recently, the popularity of external labor migration began to increase.
August 10, 2016 By Hammond, Minciu and Associates
In Romania, and perhaps in the rest of Europe, little attention seems to be paid to Data Protection and the implication of the regulations which are passed both at European Union and Romanian National level.
August 10, 2016 By B&R Latin America IP LLC
The Internet has become an important business tool for brand promotion. Any company that wants to successfully put its products or services across to the public can’t get around the benefits of the global online market anymore.
August 9, 2016 By LexSage
Would you like to know why the CBSA is not approving your NEXUS application? Would you like to know what the CBSA officer wrote about your secondary inspection? Would you like to know what is in your CBSA verification file?
August 9, 2016 By LexSage
Wouldn’t you like to know what is in the Canada Revenue Agency’s (“CRA”) files concerning your GST/HST audit?
August 8, 2016 By Josh and Mak International
Is your foreign company trying to set up a business arrangement in Pakistan?
On June 3, 2016, the Commerce Department’s Bureau of Industry and Security (“BIS”) and the State Department’s Directorate of Defense Trade Controls (“DDTC”) both published in the Federal Register final rules updating a number of definitions in the Export Administration Regulations (“EAR”) (81 Fed. Reg. 35,586) and the International Traffic in Arms Regulations (“ITAR”) (81 Fed. Reg. 35,611), respectively.
U.S. Customs and Border Protection (“CBP” or “Customs”) determines the import compliance levels of importers through audits. Simultaneously, Customs audits are a highly effective revenue collection mechanism that ensure CBP promotes fair trade practices for American industry. The following article provides a general overview of customs audits and recent developments in this area.
The United Kingdom’s (“UK”) 40-year relationship with the European Union (“EU”) is ending due to the historic British vote to leave the EU on June 23, 2016. Given the UK’s decision to leave, any company doing business in the UK or with the UK must monitor potential trade issues that will arise as a result of Britain’s exit, now commonly referred to as Brexit. This article briefly outlines the Brexit’s potential implications on trade.
August 2, 2016 By Torres Law, PLLC
One objective of the Export Control Reform Initiative is to harmonize the definitions of terms or concepts that appear in both the International Traffic in Arms Regulations (ITAR) and the Export Administration Regulations (EAR).
August 2, 2016 By Torres Law, PLLC
Compliance with the U.S. export control regulations is a significant issue for companies and their legal and compliance teams.
How to Claim Refunds for Overcharged Import Taxes Due to Surveillance Certificate Requirements in Turkey
Ministry of Economy determines certain minimum thresholds for certain products in order to force the exporters to pay higher taxes on the products in customs. Ministry determines the minimum value threshold per each kilogram of the imported product and sets forth that any exports into Turkey that does not meet this minimum value threshold shall be required to obtain a surveillance certificate. Based on new precedent, it is now possible to reclaim such overcharged tax and expenses.
On February 5, 2016, Foreign Affairs Minister Dion announced that “Canada amends sanctions against Iran” and regulatory changes were implemented/promulgated. On February 5, 2016, the Export Controls Division of Global Affairs Canada issued Notice to Exporters No. 196 “Exports of items listed on the Export Control list to Iran”. On February 15, 2016, the Canada Border Services Agency issued Customs Notice 16-05 “Amendments to Iran Sanctions as of February 5, 2016”.
Where could Turks immigrate? It is unlikely that many Turks will immigrate to Muslim countries, because the level of freedom there does not reach even modern-day Turkey. Even business immigration to the EU does not look so attractive for the middle class, because the cost of living is much higher in the EU. There is one more potential country for temporary or permanent immigration – Ukraine.
Tax investigators have apparently been sifting through the Panama Papers in the hope of rumbling suspected tax dodgers. There is still time to submit a voluntary declaration that can lead to immunity.
1. The Legal Instruments Utilized on International Arbitration in the UK: A very important point that needs to be made as an introductory note is that the legal instruments governing international arbitration at the London seat are:
By Planet Depos
Litigation involving foreign witnesses can be challenging. Paralegals will no doubt find that their cases will require the services of both deposition interpreters, also known as legal interpreters, and realtime court reporters who are up to the task.
Many Canadian corporate counsel are members in the NEXUS Program and rely on their NEXUS Membership Card to by-pass long airport security lines (on international and domestic flights) and to use shorter lines at customs clearance. The NEXUS Membership Card is a valuable asset because it saves time.
By APC Law Firm
The European Union, which was considered as the most successful integration project, has undergone significant changes with which it faces for the first time. The key issue of the exit of the UK from the EU is absence of such procedure mechanism for implementation.
The new Ukrainian law simplifies procedures on access to justice, provides fundamental reform of the judicial system of Ukraine pursuant to international regulations and standards and increases the independence of judges. Now Ukraine is entitled to recognize the jurisdiction of the International Criminal Court under the terms of Rome Statute of the International Criminal Court.
The European Commission has expanded its proceedings against an internet company on account of possible infringements of antitrust law. The latter is said to have potentially abused its dominant market position.
By Molina & Co.
Panama is a land blessed by God, where you can enjoy on the same day the tropical heat of its beaches and the fresh air from the high lands.
The Department of Justice (DOJ) recently announced its creation of a new pilot program designed to encourage companies to voluntarily self-disclose Foreign Corrupt Practices Act (FCPA) violations in exchange for penalty mitigation.
On February 19, 2014 President Obama signed executive order 13659. This executive order titled “Streamlining the Export/Import Process for American Businesses” was implemented to modernize and simplify the way executive governments and agencies interact with traders.
The United States government has maintained for some time a strict economic sanctions regime targeting Iran and a comprehensive embargo targeting Cuba. Both of these regimes were designed to deny those countries access to the U.S. financial system by generally prohibiting U.S. persons from engaging in nearly any transaction involving Iran or Cuba and their nationals.
Initially introduced in April 2015, the Trade Facilitation and Trade Enforcement Act (the Act), also known as the Customs Reauthorization Bill, was finally enacted in February 2016.
In general : Business entities in Egypt that have been incorporated after the enactment of the Law 8 of 1997 enjoy further guarantees and incentives.
Tax system :As a result of enactment of the Tax Law 91 for the year 2005, and its amendment by the Presidential Decision No. 96 for the year 2015, the taxation system in Egypt has been transformed.
Internet postings are subject to Philippine jurisdiction. Under Section 21 of the Cybercrime Prevention Act of 2012 (Republic Act No. 10175), jurisdiction shall lie if any of the elements of the libel was committed within the Philippines. One of the elements of libel is publication of the charge. If the posts are published and accessible in the country, Philippines has jurisdiction.
While the immigration officers have the prerogative to decline entry of foreigners, they must do so without arbitrariness, that is, the ground for refusal must be among those provided by law.
Consider: the case of foreign entities marketing their products to Egypt directly without the requirement of business entity incorporation in Egypt but with the help of certain form of representation.
Franchise agreements: In general terms, a franchise agreement is a contract in which one part known as franchiser, allows the use of its intellectual property (Know-how, trademarks, patents, copyrights, etc.) to another person, called the franchisee, with the aim of economically exploit a business or company within a given geographical area.
In 2012, the Bangladeshi Parliament, feeling the need to enforce mandatory mediation in all civil cases, made an amendment to its Civil Procedure Code making mediation mandatory before all civil claims go to trial. While the law has been passed, it is not yet in force, as it is awaiting a trained pool of mediators to run court-referred mediations.
In a recent case before the Court of Appeal of Amsterdam, a dismissal of a company’s own application for bankruptcy was upheld in appeal. The Court of Appeal found that the authority of a company to apply for its own bankruptcy had been misused. When is there misuse?
The long announced plans of Ukraine in relation to massive privatization are being gradually implemented. The importance of privatization is backed by the need, on the one hand, to fulfill the state budget, and, on the other hand, to increase the effectiveness of state enterprises’ management.
Many Ukrainian companies actively import goods and services. Frequently, their foreign counter-parties require prepayment for delivered goods or rendered services. Therefore, it is worth remembering that prepayment in favour of the non-resident under foreign economic contracts triggers provisions of the Ukrainian legislation in relation to settlements in foreign currency, such as Article 2 of the Law of Ukraine “On procedure for settlements in foreign currency”.
Legal Framework: Post 25th of January, 2011 Revolution Direction following Revolution of 25th of January, 2011, Egypt has been heading towards the future in a slightly different track. Political and economic distress has led to significant changes in the political, economic and legal landscapes.
The result of the British referendum has shocked the whole world. However it must be remembered that an official withdrawal from the EU has not taken place yet, changes in laws, regulations, taxes and other legal conditions are difficult to estimate at the moment. In any case it can be assumed that these changes would lead to additional costs and work efforts for both sides, the UK and the European Union.
It is possible under certain circumstances according to German and European antitrust law for agreements restricting competition to be permissible if they have a positive impact on the market.
It’s been a whole full working day and a weekend since the UK (well, just over half of those who turned out to vote) decided the UK should leave the EU. Following on from our recent article we look at what’s happened so far and what should, or could, happen next.
World Bank Group v. Wallace: International Organizations' Immunities and the Fight Against Corruption
Was this a great victory or a near miss? Much has been written about the recent Supreme Court of Canada (SCC) judgment World Bank Group v. Wallace. Advocates of whistleblower rights and the anti-corruption community have declared this decision a clear stance in favour of whistleblower protection and a big win in the fight against corruption. A further review of the decision and the context in which the SCC was asked to rule reveals a far more nuanced result.
The Romanian courts do not necessarily operate with the speed and efficiency that may be found in Western Europe or the USA but this should not prevent a practitioner considering the following steps against a Romanian debtor. Consider here both the enforcement of a decision issued by a competent court as well as a seizure order against a debtor’s assets.
Import is strictly regulated by the Egyptian government permitting Egyptian nationals only and fully owned and managed Egyptian companies to import into Egypt. For importation into Egypt for the purpose of trade, companies/individuals should register with the Register of Importers.
A new EU regulation regarding data protection came into force on 24 May 2016 and, following a two year transition period, it will apply to all member states from 25 May 2018. This is known as the General Data Protection Regulation (“GDPR”). It replaces the existing EU Directive 95/46/EC. As this is a “regulation” and not a “directive” it will apply in the UK without the need for any further implementation by Parliament.
There is a Belgian paradox insofar as, every year, Belgium is ranked by OECD among the highest taxed countries, based on the ratio of the tax burden (state, regional and local taxes, social contributions) and gross domestic product; within the European Union, Belgium is also known for being the second country with the highest tax burden. But Deloitte and the European Commission refer to sophisticated mechanisms.
Enforcement of Judgments in the EU under the New Recast Regulation 1215/2012 and the Issuance of Protective Measures
In accordance with the New Recast Regulation 1215/2012, any judgment obtained in one Member State will be automatically recognised and enforceable in any other Member State without there being a requirement to obtain a declaration of enforceability (exequatur) as was the case under EU Regulation 44/2001.
On March 18, 2016, the General Court of the European Union ruled that the well-known novel character Winnetou shall continue to enjoy trademark protection (Az.: T-501/13).
On May 4th 2016, the official text of Regulation 2016/679 “on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC” (General Data Protection Regulation) has been published in the EU Official Journal. The Regulation entered into force on May 24th 2016 but it shall apply from May 25th 2018.
Whistleblowing as corruption-fighter, is also known as a practice that deals with one of the most serious social issues of our time. A whistleblower reports any illicit incidents or corrupt practices. The following questions then emerge:
Medtech Europe represents the medical technology industry in Europe. It is the alliance of the two leading medical technology industry associations, EUCOMED (which represents the European medical devices industry) and EDMA (which represents respectively the European in vitro diagnostic industry).
The rapid rise in the use of digital technologies in the healthcare sector is not lost to cyber criminals.
On March, 15th, 2016 the European Parliament Committee on Agriculture and Rural Development adopted by a large majority the report on the Commission’s proposal regarding the manufacture, placing on the market and use of medicated feed. The new rules, which will be implemented in the form of Regulation, will replace the current Council Directive 90/167/EEC of 26 March 1990.
Passing themselves as the real, authorized medicines while containing ingredients which are of bad quality or in wrong dosages, falsified medicinal products are a major threat to public threat and safety – given that consumers might not be always able to discover their true identity.
The Regulation 536/2014’s purpose is the growth acceleration of pharmaceutical research via clinical trials in the European Union. Its provisions are directly applicable in the legal systems of the Member States (without requiring integration) and replace the national procedure of notification and approval by the permit authorities.
ΕU institutions adopted on 16 April 2014 Regulation 536/2014 on “clinical trials on medicinal products for human use”. The Regulation entered into force on 16 June 2014.
New Rules at Bay: The New Public Procurement Contracts Law and Questions of Enforceability in the EU
The new 4281/2014 law which was published on August 8th 2014, already discussed in some of our previous articles, has not yet been applied due to recent developments on EU legislation. In particular, its purpose has been to form a new harmonized legal context which will regulate the public procurement contract procedure, as well as implementing European directives 2004/17/EC and 2004/18/EC on tender procedures.
Health apps have a significant impact on the provision of medical care globally. In our previous article we focused on the legal protection of data used by these apps. However, will marketing of health apps be completely free or will it have to satisfy special technical requirements, since these apps will be widely used by patients and providers of medical care? The European legislative bodies have to take the appropriate measures.
“No other sector holds the promise to enhance quality of life, productivity and environmental sustainability through innovation like biotechnology, while also benefiting Europe’s economy and research base”. Carlo Incerti, Chairman of EurapaBio, 3η EuropaBio event on the Benefits of Biotechnology, Brussels, 23 June 2015
The use of pesticides in food, especially when growing fruit and vegetables, is now commonplace; farmers use pesticides in order to preserve or even increase their yields. Nevertheless, there are several risks regarding consumer safety and questions arise on the allowed pesticide residue quantities in food meant for consumption.
Last June, the EU Parliament started discussions and issued amendments on the European Commission’s Proposals for two new Regulations. Alongside, the FVE (Federation of Veterinarians of Europe) issued their comments on the amendments of the two proposals made by the EU Parliament, in September 2015.
On October the 5th, 2015, the EU Council of Ministers agreed on its baselines on the looming two Regulations on medical devices and in-vitro medical devices. Closely related to the Commission’s relevant proposal and the adjacent EU Parliament and EU Council reports, both Regulations will aim to modernize the existing legislation, taking into account the latest advancements in medical technology and the need for high protection of patient safety.
The use of mobile applications in healthcare has been rapidly growing, globally. Meanwhile, a long and intense discussion has emerged between users and entrepreneurs, resulting from the forthcoming adoption of the General Data Protection Regulation, which will have legally binding force in all EU member states and will replace existing relevant legislation by the end of 2015.
The allocation of tickets for the UEFA European Championship in France has triggered the involvement of the Bundeskartellamt, Germany’s Federal Cartel Office. On March 22, 2016, it confirmed that it had instituted proceedings on account of exploitative abuse.
The term “Spa” is not a generic name for cosmetics and cannot be registered as a Community trademark. That was the verdict of the General Court of the European Union in its ruling of March 16 (T-201/14).
Businesses are relocating and setting up in foreign countries to avoid paying taxes in their home countries. This is having a negative impact on the EU. The EU Commission is currently trying to crack down on multinationals using tax avoidance, tax evasion and tax fraud.
Company’s Deadlock is, sadly speaking, a sort of very-often-seen disputes between Chinese and foreign shareholders and/or directors in a Sino-foreign Joint Venture company in China, so this article is about how it comes into being and how to avoid it.
The Customs Code establishes the general rules and procedures applicable to goods brought into or out on the customs territory of the Union and is applied uniformly throughout the Union. Starting in June 2016 will enter into force the provisions regarding the use of electronic data processing techniques for all exchanges of information (statements, requests, decisions) between customs authorities and economic operators, as well as the methods of their storage;
A Forwarder Is Not Required to Question an Importer's Declaration Regarding the Contents of Forwarded Cargo in Israel
Monetary disputes between clients (importers or exporters) and the various entities that form the logistic chain of transporting goods (such as forwarders or customs agents) are common, and frequently reach the courts.
Among the most common disputes between importers and the Customs Authority are disputes regarding the valuation of the transaction. In other words, the sides dispute as to the amount subject to import duty, a dispute particularly relevant to goods subject to a relatively high duty rate, such as cars, automobile replacement parts, mobile phones and more.
Recent developments in the regulation of the cyber domain in Israel relating to defense export control of the cyber domain.