International Law Articles
Articles written by lawyers and expert witnesses worldwide
explaining the different aspects of International Law.
July 22, 2016 By Kydalov & Partners
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.
July 22, 2016 By GRP Rainer LLP
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.
July 21, 2016 By Valmas & Associates
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:
July 21, 2016 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.
July 20, 2016 By LexSage
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.
July 18, 2016 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.
July 15, 2016 By SDM Partners Law Firm
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.
July 15, 2016 By GRP Rainer LLP
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.
July 14, 2016 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.
July 20, 2016 By Torres Law, PLLC
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.
July 12, 2016 By Youssry Saleh Law Firm
In general : Business entities in Egypt that have been incorporated after the enactment of the Law 8 of 1997 enjoy further guarantees and incentives.
July 11, 2016 By Youssry Saleh Law Firm
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.
July 11, 2016 By Respicio & Co. Law Firm
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.
July 11, 2016 By Respicio & Co. Law Firm
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.
July 8, 2016 By Youssry Saleh Law Firm
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.
July 7, 2016 By B&R Latin America IP LLC
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.
July 6, 2016 By Mahbub & Company
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.
July 6, 2016 By AMS Advocaten
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?
July 6, 2016 By DLF Attorneys at Law
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.
July 5, 2016 By DLF Attorneys at Law
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”.
July 5, 2016 By Youssry Saleh Law Firm
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.
June 29, 2016 By Giambrone Law
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.
June 29, 2016 By GRP Rainer LLP
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.
June 28, 2016 By Dixcart Legal Limited
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
June 27, 2016 By Bretton Woods Law
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.
June 27, 2016 By Hammond, Minciu and Associates
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.
June 27, 2016 By Youssry Saleh Law Firm
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.
June 24, 2016 By Dixcart Legal Limited
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.
June 20, 2016 By Lexial
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
June 14, 2016 By Soteris Pittas & Co L.L.C.
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.
June 13, 2016 By GRP Rainer LLP
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.
June 10, 2016 By GRP Rainer LLP
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.
June 7, 2016 By GRP Rainer LLP
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).
June 6, 2016 By Mariscal Abogados
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.
May 27, 2016 By Zhejiang Xinmu Law Firm
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.
May 26, 2016 By Pavel, Margarit & Associates
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
May 27, 2016 By Gill Nadel Law Office
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.
May 26, 2016 By Gill Nadel Law Office
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.
May 25, 2016 By Gill Nadel Law Office
Recent developments in the regulation of the cyber domain in Israel relating to defense export control of the cyber domain.
May 25, 2016 By Gill Nadel Law Office
The Customs Authority is authorized to delay the release of imported and exported goods if it suspects a related offense has been committed, including false or fraudulent statements, failure to submit required documents, and others.
May 24, 2016 By Gill Nadel Law Office
The intent behind the Defense Export Control law, 2007 ("the law"), and the various regulations and orders enacted thereunder, is to regulate defense export on the grounds of national security, foreign policy, international commitments, and other crucial interests of the State of Israel.
May 24, 2016 By Gill Nadel Law Office
The Tel Aviv Magistrate Court determined that an importer proved his claim regarding the essence of the goods and accepted the importer's classification. The court criticized the Customs Authority for its conduct in the case, as it failed to preserve samples of the product and submitted opinion reports based on theories and assumptions rather than facts.
May 23, 2016 By GRP Rainer LLP
Hesse’s Finance Minister, Dr. Thomas Schäfer, has announced that the fight against tax evasion will continue. Voluntary disclosure is still the only way out for tax dodgers.
May 14, 2016 By M F Ejchel
The International Tribunal for the Law of the Sea is an independent judicial body established by the United Nations Convention on the Law of the Sea to adjudicate disputes arising out of the interpretation and application of the Convention. The Tribunal is composed of 21 independent members, elected from among persons enjoying the highest reputation for fairness and integrity and of recognized competence in the field of the law of the sea.
May 14, 2016 By iLex Law Firm Armenia
An amendment was made to the RA Law on "Value-Added Tax" on March 17, 2016. The citizens will no longer pay VAT on the cars imported from the EEU countries (such as Russia, Kazakhstan, Belarus and Kyrgyzstan) for their personal use. The amendment was signed by the President of the RA on March 26, 2016 and it entered into force on March 31, 2016.
May 12, 2016 By ESK Law Firm
Although there are several similarities between construction law in Iran and other countries, it has its own rules and regulations which are different from the construction industry of the West. foreign contractors who enter the market for the first time must be prepared for a different environment. This article explains important aspects of construction law in Iran.
May 11, 2016 By ESK Law Firm
The legal aspects of Iran’s petroleum rules and contracts, especially for post-sanctions era, have been analyzed.
May 8, 2016 By DLF Attorneys at Law
Starting from April 2009 Ukraine makes efforts to financially stimulate generation of electricity from alternative sources of energy. Such stimulation results in, first of all, legislative provision for feed-in tariff, i.e. the guaranteed obligation of the state to purchase generated “green” energy from producers, and also in establishment of a significant number of tax benefits for producers of alternative energy.
May 3, 2016 By Loeb Smith
Structure of Cayman Private Equity Funds. The most common structure for a Cayman Islands domiciled private equity fund (“PE Fund”) is as an exempted limited partnership (“ELP”) formed under the Exempted Limited Partnership Law (As Revised) (“ELP Law”).
May 2, 2016 By Loeb Smith
Shareholders of a Cayman Islands company may petition the Grand Court for an order that a company is wound up pursuant to section 92(e) of the Companies Law (As Revised) on the basis that it is "just and equitable" for it to do so.
Cayman Islands Shareholder Disputes and Corporate Insolvency: Applications for Validation Orders by Solvent Companies
May 1, 2016 By Loeb Smith
On 9 February 2016, Clifford J., sitting in the Financial Services Division of the Grand Court of the Cayman Islands gave Judgment in In Re Torchlight Fund L.P. (unreported) reaffirming the principles which the Court will take into account in determining whether to grant a validation order.
The licensing of investments in Uganda provides vital information for the Government in the following areas:
According to the Investment Code Act 1991, Section 15 (1 and 2), Uganda Investment Authority (UIA) shall issue to the applicant an investment license which shall; Authorize the holder of a license to make all arrangements necessary for establishing the business enterprise described in the license.
The absolute exemption on plant and machinery only applies to plant and machinery used in the agricultural sector.
After a company has been incorporated registered (foreign company) in Uganda, it is eligible for an investment license provided its capital investment exceeds US$ 100,000 (Foreign firms) and US $ 50,000 (Local firms).
The Hague Apostille Convention of 5 October 1961 was born out of the need to simplify the circulation of documents between different states and countries in the world. The convention applies only to public documents that need to be authorized. If both countries are part of the convention, an Apostille will be sufficient.
Since the Islamic Revolution in 1979, Islamic Republic of Iran has always exposed to various international sanctions due to different reasons and excuses. They put Iran under different sanctions directly or indirectly through international organizations, under the pretext of creating an international order. As matter of fact, they pursue their own foreign policy goals and use sanctions as a means to achieve those goals.
Article 215 and 217 of the Civil Procedures Law of the UAE states that a person does not have the right to enter into an arbitration agreement if the signatory does not have the authority to bind the person it is representing through a private power of attorney to sign such a contract to arbitrate.
Jurisdiction of Cyprus Courts to Recognize and Enforce Foreign Judgments and Foreign Arbitral Awards in Cyprus
In a recent decision of the District Court of Nicosia, it has been held that Cyprus Courts have jurisdiction to adjudicate on applications for enforcement of foreign judgments and foreign arbitral Awards, even if both the judgment creditor and judgment debtor reside outside Cyprus.
By MMLC Group
The path to reform for foreign investment regulation in China, and how that will boost the services sector.
Investors in Ekosem-Agrar GmbH are to vote on a four-year extension to the terms of two bonds. Creditor meetings are taking place on March 16 and 17.
On 16 March 2016, the Verkhovna Rada ratified the Agreement between the Government of Ukraine and the Government of the Federal Republic of Germany on establishment of the German-Ukrainian Chamber of Commerce and Industry. The Agreement was approved on 23 October 2015 at the Ukrainian-German business forum in Berlin.
The new Insurance Code improves the legal framework and introduces the standard Community requirements to ensure legal certainty on the insurance market with a view to providing better protection to the interests of insurance service users.
In a recent decision of the English Commercial Court in ESSAR SHIPPING LTD –v- BANK OF CHINA LTD (2015) it has been held that an applicant to an anti-suit injunction shall act promptly and not sleep on his rights.
A very brief look at some of the headline issues involved when entering into Agency Agreements – both for trade within the UK and within Europe.
A brief overview of the main principles of competition law and what is prohibited, followed by a quick checklist of actions that businesses can take to ensure compliance with competition law. It may also assist businesses to identify illegal anti-competitive behaviour by others.
A summary of Azerbaijan's laws and regulations on agriculture. Useful to those foreign companies interested in investing in agriculture-related business in Azerbaijan.
The European Court of Justice is having a larger influence on people’s lives than is popularly realised. As is often the case the Court has made a decision which will have an impact on consumers in Europe and perhaps world-wide and was not picked up by the majority of the consumer press, rather only by lawyers who specialise in the field of aviation law.
General legal matters relating to how to set up joint ventures in Azerbaijan.
By MMLC Group
On 29 January 2016, the Ministry of Finance, the State Administration of Taxation and the Ministry of Science and Technology jointly issued the Administrative Measures for Recognition of High and New-Technology Enterprises (HNTE)(GuoKeFaHuo  No.32 (Circular 32)), which provided new incentive criteria, as well as adjusting the HNTE recognition requirement, and the procedures and supervision of the policy.
By Just Rights
This articles provides guidance on how to make a request for interim measures before the European Court of Human Rights.
By Just Rights
An introduction to the European Court of Human Rights.
Practical points to consider when contemplating applying for Thai citizenship.
Sometimes when individuals travel to the United States, they will also want their domestic help, such as a maid, housekeeper or nanny to travel with them. In order to accomplish this objective, the traveling individual must petition for a B-1 Visa.
Procedure for Foreign Arbitral Award (or arbitration award) Enforcement in Egypt The competent court authorized to hear cases related to the enforcement of a foreign arbitration court: Chief Court of Appeal of Cairo is the competent authority, unless otherwise agreed upon between the parties.
There are number of specific features in the reorganization of companies established in EU members states. What are they?
After much debate and discussion the European Parliament and the Council have issued the recast Directive on Insurance Distribution.
Since December 2015, U.S. steel producers have filed cases charging foreign competitors with dumping products, U. S. government has twice penalized foreign steel producers as a result. Likewise, the Taiwan based steel manufacture, Chinese Steel Corporation (“CSC”), has filed a petition to the competent authority of Taiwan.
Free zones in Jordan offer investors exemptions from income and social services taxes, custom duties and import duties.
According to Jordanian Corporate law, the non-operating Foreign Company in Jordan is a Company or an entity which has its regional or representative office in Jordan for operations that it conducts outside the Kingdom for the purpose of using such a regional or representative office for managing its operations and coordinating them with its headquarters, and it is prohibited from carrying out any business or commercial activity inside the Kingdom.
The laws and regulations governing the insurance and reinsurance practices in Turkey are quite complex, This brief aims to inform readers on general reinsurance regulations in Turkey and tries to shed light to the reinsurance business by international insurance providers in Turkey.
The use of lawyers in Romania has in the past has often been limited to using them for legal advisory and court work. Most clients should consider using their lawyers in other fields in Romania. They should be used not only for legal matters but for commercial matters which have a legal angle.