International Law Articles
Articles written by lawyers and expert witnesses worldwide
explaining the different aspects of International Law.
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.
May 2, 2016 By Angualia Busiku & Co. Advocates
The licensing of investments in Uganda provides vital information for the Government in the following areas:
May 1, 2016 By Angualia Busiku & Co. Advocates
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.
April 25, 2016 By Angualia Busiku & Co. Advocates
The absolute exemption on plant and machinery only applies to plant and machinery used in the agricultural sector.
April 26, 2016 By Angualia Busiku & Co. Advocates
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).
April 22, 2016 By B&R Latin America IP LLC
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.
April 21, 2016 By Izadi Law Firm
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.
April 18, 2016 By Hassan Elhais
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
April 15, 2016 By Soteris Pittas & Co L.L.C.
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.
April 17, 2016 By MMLC Group
The path to reform for foreign investment regulation in China, and how that will boost the services sector.
April 6, 2016 By GRP Rainer LLP
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.
In the recent case of Ukrainian Vodka Company Ltd v Nemiroff International Limited, the Applicant requested an order of the Court permitting the enforcement of two Arbitral Awards issued in favor of the Applicant and against Nemiroff International Limited.
The Ukrainian land is the most fertile in the European Union, the development of agro-industries are a significant and also market of organic agricultural products has been growing.
Vessels Registration under the Egyptian law Egypt enjoys strategic and distinguished location between the two seas, Mediterranean and the Red Sea, which makes Egypt one of the most important international trading arteries. Egypt, with its important transportation channel-the Suez Canal and large ports of Alexandria, Port Said, Damietta, Safaga, Ain Sokhna etc. is indeed an important hub for shipping.
One of the current most challenging issues on the incorporation of a company in Romania is the immediate tax impact on the company and its profitability. The majority of Romanian companies were incorporated with the minimum capital of two hundred (200) RON. This means a minimum capital of approximately forty five (45) Euros. This is still the case.
This article aims to inform proprietors of Community trademarks with the opportunity to file a declaration under Article 28, Paragraph 8 of Regulation (EU) 2015/2424.
By Kinanis LLC
New laws have recently been enacted in Cyprus, effecting important changes to the Income Tax Law and Capital Gains Tax Law. In addition, a serious change has been effected on the procedure followed by the Income Tax Authorities in issuing tax residency certificates with the aim to secure that the management and control of the tax resident companies is indeed exercised in Cyprus.
The legal war of Ukraine against Russia was announced in 2014 but in the second half of 2015 took the unwrapped and massive character. On October 21, 2015, Ukraine sent the claim to the World Trade Organization against the Russian Federation, which put forward the issue for the imposition of Russian limitations on the supply of rail cars, switch equipment for railways and other products in the industry, because of which revenues of Ukrainian companies have fallen to 96%. What should we wait?
Parallel import in Israel is a growing and expanding phenomenon. Many brands are imported not only by official/exclusive importers, but by other importers as well.
On September 7, 2014, the Israel Tax Authority published a new procedure for voluntary disclosure of previously unreported income and assets, as well as a temporary order to replace the previous procedure, which was in effect since 2005, and the temporary order, which was in effect since 2011.
Asset securitization is the development and implementation of a set of legal measures aimed at the preservation of property. This practice has evolved in a separate area in connection with the increasing number of raiders, corporate conflicts with Ukrainian partners, lots of losses of already privatized objects, return of previously purchased objects from private property to the State, etc.
The Ministry of Commerce and Industry issued a decision to establish a register at the General Authority for Control on Exports and Imports for the eligible factories to export a number of finished products to the Egyptian Markets.
It is proposed that a new law (the “Law”) be enacted, to permit the formation of a new type of vehicle in the Cayman Islands – a Cayman Islands limited liability company (an "LLC").
On 16 October 2015, the Cayman Islands Tax Information Authority (International Tax Compliance) (Common Reporting Standard) Regulations, 2015 (the “CRS Regulations”) were brought into effect.
What can non-residents (individuals and legal entities), who have received judgments in their jurisdictions, and such decisions should be enforced in the territory of Ukraine, do?
Senegal belongs to two major regional entities: ECOWAS and WAEMU. ECOWAS is an association of 16 West African entities aiming at having one economic and monetary zone with a uniform legislation on the main sectors regarding economy, trade, natural resources, diplomacy, to mention a few. WAEMU is an entity of eight West African countries, having the same currency, the same reserve bank and the same business law.
On regional level, Cote d’Ivoire belongs to three major regional entities: The Economic Community of West African States (ECOWAS), The West-African economic and monetary Union (WAEMU). These countries share the same currency, the same central bank (BCEAO), and the same business law. The Organisation for the Harmonisation of Business Law in Africa (OHADA)
Cameroon is described as the largest economy of Central Africa because of its demographics (20 million), with an area of 475,442 km², and a diversified economy. As a state party to the Organisation for the Harmonisation of Business Law in Africa (OHADA) and the Economic and Monetary Community of Central Africa (CEMAC), Cameroon has adopted financial regulations enacted for the whole countries of CEMAC.
Common Reporting Standard Enters into Effect for Investment Funds in the Cayman Islands on January 1, 2016
By Loeb Smith
What is CRS? The Common Reporting Standard (CRS) will impact Cayman Islands domiciled investment funds with effect from 1 January 2016. The CRS framework represents a globally coordinated approach to the disclosure of income earned by individuals and organizations in order to combat tax evasion. The CRS represents a significant step towards the global automatic exchange of information ("AEOI") for tax purposes.
Directive 2013/36/EU on the prudential supervision of credit institutions and investment firms requires what the directive defines as “systemically important institutions”, that is, institutions of such significance that their failure or malfunction could lead to systemic risk, to maintain appropriate contingency buffers of common equity tier one capital, over and above the levels required for other, non-systemically important, institutions.
Revolutionary changes will be implemented in the administrative software that is in charge of the distinctive signs in the Superintendence of Industry and commerce (SIC), Colombia’s trademark authority.
Provisions of the EU-Ukraine Association Agreement concerning the creation of a free trade zone will become effective on 1 January 2016. The decision on the application of the EU-Ukraine Association Agreement to the FTA was adopted in September 2014 by the EU General Affairs Council. What does the Ukrainian economy really expect? Is Ukraine ready for free trade with the EU: barriers and opportunities for business?
Most of the sailors use the services of specialized personnel intermediary (“crewing”) agencies. Ukrainian market is interested in coming of fair and unbiased international crewing companies or opening by foreign persons agencies as alternative to domestic agencies. The market, at this moment, does not have much competition.
By Loeb Smith
Under the Companies Law (as Revised) (the "Companies Law") of the Cayman Islands, the Registrar of Companies (the "Registrar") will de-register a Cayman Islands exempted company incorporated and registered with limited liability and a share capital (the "Applicant") which proposes to be registered by way of continuation as a body corporate limited by shares under the laws of any jurisdiction outside the Cayman Islands (the "Relevant Jurisdiction") if:
In the past, contractual dispute resolution provisions were commonly known as ‘midnight’ clauses because commercial lawyers only come to discuss them in the closing stages of contract negotiations. Nowadays, taking into account the complications which may arise from badly drafted arbitration clause, they are better referred to as the 8 o’clock in the morning clauses.