International Law Articles
Articles written by attorneys and experts worldwide discussing legal aspects related to International Law.
February 4, 2011 By Lorenz
In this article the authors comment about the consequences of the new Eu-regulation 1231/2010 for the social security of non Eu-nationals.
The State Council of PRC issued the Regulations on Administration of Registration of Resident Representative Offices of Foreign Enterprises(the "New Regulations") on November 19th, 2010 and the New Regulations will take effect on March 1st, 2011.
Unification of the Taxation of Foreign Enterprises, Foreign Invested Enterprises and Domestic Enterprises - China
The State Council issued the Notice on Unifying the City Construction Tax and Educational Surcharge of the Foreign Invested Enterprises, Foreign Enterprises, Foreign Individuals and Domestic Enterprises (the "Notice") on October 18th, 2010.
The PRC Supreme People's Court issued the Provisions on Several Matters Concerning the Hearing of Disputes Involving Foreign-Invested Enterprises (I) (the "Provisions") on August 16, 2010, which entered into force on the same day. The Provisions provide guidance for certain disputes arising from the establishment and changes in the registration of the foreign-invested enterprise (the "FIE").
Ministry of Commence of PRC issued the Notice on the Transfer of Approval Authorization of Foreign Investment (hereinafter the "Notice") on June 10, 2010.
Several Opinions on Further Improving the Work of Utilizing Foreign Investment (the "Opinions") were issued by the State Council of China (the "State Council") on April 6th, 2010.
The Notice on Further Administration of Registration of Foreign Companies' Resident Representative Offices (the "Notice") was issued by China's State Administration for Industry and Commerce ("SAIC") and the Ministry of Public Security jointly on 4th January, 2010.
A New Corporate Structure in Partnerships: A New Form of Investment for Foreign Enterprises and Individuals
Measures for the Administration on the Establishment of Partnership Business by Foreign Enterprises or Individuals in China (the “Measures”) shall come into effect as of March 1, 2010.
January 21, 2011 By Andreas Neocleous & Co LLC
E-justice, the use of Internet technology in handling various administrative procedures before, during and after the administration of justice, provides a host of possibilities throughout the legal process, from lobbying through to the provision of remote authoritative legal information and certificates. It is seen by many as the key to streamlining and expediting justice.
January 21, 2011 By Andreas Neocleous & Co LLC
After the publication of the Annual Growth Survey (AGS) by the European Commission, the Hungarian Presidency undertook to implement the first ever "European Semester" a six-month period of each year in which member states' budgetary and structural policies are reviewed to identify any inconsistencies and emerging imbalances, so as to facilitate coordination before major budgetary decisions are finalized.
January 18, 2011 By Guo Lian Law Firm
Shanghai Municipal Finance Office officially released the Details on Implementing the Pilot Program of Foreign-invested Equity Investment Enterprises [Hu Jin Rong Ban Tong (2011) 38] on 12 January 2011 (“Pilot Program”), which will take effect from 1 February 2011.
January 17, 2011 By Pamir Law Group
Unlike in some western societies where one form of company can be used for a broad unlimited business scope, in China different corporate structures are used for different purposes. It is important to understand the structural options to avoid trying to cram a round peg through a square hole.
January 13, 2011 By Trifonov Law Offices
There are 3 levels of Bulgarian civil court system hierarchy.
January 12, 2011 By Andreas Neocleous & Co LLC
On 18 October 2010 the European Commission launched a consultation on electronic procurement in the public sector. In the now standard form of the Green Paper, consultation will seek to gather the views of stakeholders on how the EU can help Member States to accelerate and facilitate the procedures for issuing public tenders.
January 12, 2011 By Guo Lian Law Firm
In China, raising funds from public must be conducted strictly in accordance with laws to avoid criminal liabilities. China’s Criminal Law (1997) criminalize some public fundraising conducts and imposes severe criminal punishments on violators.
January 5, 2011 By Andreas Neocleous & Co LLC
Following the approval by the European Parliament of a reforms package on European financial supervision, the Council has adopted the legal texts establishing the European Systemic Risk Board and three new supervisory authorities, aimed at eliminating deficiencies in the banking sector, the stock markets and the insurance market.
January 3, 2011 By Sally & Fitch LLP
Mobil Corporation's claims in international arbitration against Venezuela's national oil company raises issues common to all commercial transactions that cross borders.
January 3, 2011 By Sally & Fitch LLP
Business clients must always understand that international arbitration can lead to appellate litigation on foreign shores, and prepare accordingly.
The following is the list of promoted activities and products for high technology companies which are eligible for consideration of Pioneer Status or Investment Tax Allowance under the Promotion of Investment Act 1986.
Foreign investor manufacturing license application – Malaysian government’s guidelines requirement.
Manufacturing license application - Eligibility and statutory requirement.
Details of the new double tax treaty between Cyprus and Kuwait have now been made public. The new treaty, signed on 5 October 2010, will take effect when it has been ratified by both countries. Until then the existing treaty, which dates back to 1984, will continue in effect.
Details of the new double tax treaty between Cyprus and Denmark have now been released. The new treaty, signed on 11 October 2010, will take effect when it has been ratified by both countries. Until then the existing treaty, which dates back to 1981, will continue in effect.
Following its emergence as an independent state, Slovenia adopted the double taxation agreement dated 29 June 1985 between the former Yugoslavia and Cyprus. A new double taxation agreement has now been agreed between Cyprus and Slovenia. It was signed on 12 October 2010 and will take effect when it has been formally ratified by both countries. Until then the existing 1985 treaty will continue in effect.
The additional protocol to the Cyprus – Italy agreement on the avoidance of double taxation, which was signed on 28 May 2009, has now been ratified by both countries and has come into effect. The additional protocol provides for the exchange of bank and other information based on the OECD Model Tax Convention.
December 20, 2010 By Guo Lian Law Firm
The State Council released the revised Administrative Regulations for Registration of Foreign Enterprise Representative Offices on 19 November (“Regulations) replacing previous rules issued in 1983. The Regulations stipulate several new requirements that increase Rep Offices' administrative burdens.
December 20, 2010 By Guo Lian Law Firm
Ministry of Housing and Urban-Rural Development of PRC issued the Measures on Administration of Lease of the Properties Sold as Commodity (“Measures”) on 1 December 2010. The Measures will take effect from 1 February 2011, which will then replace the Measures on Administration of Urban Property Lease promulgated in 1995. The Measures apply to the lease of commodity properties constructed on State-owned land in the planned urban area.
December 17, 2010 By Avellum Partners
With the global financial crisis approaching its end, M&A activity is picking up in Ukraine. Foreign buyers are again looking at the Ukrainian market as sellers have adjusted their pricing expectations to reasonable levels. With this trend in mind, it could be useful to reiterate a few basic aspects of investing in Ukraine.
December 16, 2010 By L Y Lu & Co
Malaysia welcomes foreign investments, particularly in the manufacturing sector, and does not discriminate against investors from any country.
Recently, the Magistrate's Court of Hadera discussed the question of the liability of the Postal Authority in the field of providing banking services.
Recently, the question of the liability of customs relating to handling the infringing goods was discussed by the District Court of Petah Tiqwa.
Recently, the Magistrate's Court in Ashdod was asked to discuss the admissibility of a statement given in the course of the interrogation of a suspect in tax-related offenses, including theft, conspiracy to commit a crime, accepting property obtained criminally, and evasion of tariff payments owed.
Recently, the Magistrate's Court of Tel Aviv discussed the liability of an employer for theft committed by one of his employees, of checks of the customs representation company.
For the court to be able to conduct the action of a plaintiff against a defendant, a duty rests upon the plaintiff to serve the defendant with the statement of claim. Without proper service, the court cannot discuss the action. But sometimes doing so is complicated or even impossible.
December 6, 2010 By Solomon & Relihan, P.C.
On the heels of 29 deaths from a Virginia coal mine collapse and 11 deaths from the Gulf oil rig explosion comes the question of whether third parties can be held liable in work-related injuries.
In the past decade purchasing property in Turkey became very popular through holiday home owners and investors worldwide. The main purpose of this brief article is to explore the legal structure and the procedure of purchasing real estate in Turkey for foreigners.
Legislation regarding purchasing of real estate in Turkey by foreign investments have changed many times over the past years. Supreme Court decisions, international or political developments and economic necessities are some of the pushing factors of such amendments.
The main aim of this brief article is to give a bird view on energy laws of Turkey and Bulgaria in a comparative manner.
November 23, 2010 By MMLC Group
This article looks at some of the Chinese regulations that are most relevant to cloud computing in China. It is hoped that more comprehensive data privacy laws will receive attention in China in the near future.
November 21, 2010 By Anastasios Antoniou LLC
Private International Collective Investment Schemes (ICIS), can be established in Cyprus and achieve maximum profitability for their investments in the most tax-efficient manner.
November 1, 2010 By Simon Shang & Partners
Many foreign purchasers only sign a proforma invoice with a Chinese Supplier, when they want to start a litigation or arbitration in China, they find that the proforma invoice is not considered as a contract, only a evidence for litigation in China
October 27, 2010 By Joseph & Partners
Bizarre judgment by the High Court likely to affect marine hull underwriting business in Sarawak.
October 26, 2010 By Tiryakioglu Law Office
It is not uncommon to imagine an international divorce case where one of the spouses is a Turkish Citizen, the other, an Italian Citizen, both residing in Germany; one party initiates divorce proceedings in Germany, while the other later files another divorce case in Turkey, believing that this action would be advantageous.
October 25, 2010 By Mumtaz & Associates
“I would like to give you a message, please do your best to tell the world what is happening to us, the children. So that other children do not have to pass through this violence”.
October 25, 2010 By Joseph & Partners
Heralding a new era in the Nation's Maritime sector.
October 19, 2010 By Guo Lian Law Firm
In March 2010, Shanghai Government proposed a trial program ("Trial Program"), known as qualified foreign limited partner program, to the central government for its approval. The Trial Program will relax current restrictions on conversion of foreign-currency capital to enable qualified foreign investors to directly invest in a RMB private equity fund. In early October 2010, it was reported that the Trial Program has been approved “in principle” by the relevant departments of the State Council.
The question of binding effect of the arbitration and/or jurisdiction clause on the receiver and receiver’s insurer becomes an important and surprising legal issue in the international carriage of goods by sea in case the jurisdiction of Turkish courts has been agreed by the parties to the charter party wherein the receiver is not a party but only being the authorized legal holder of the bill of lading issued as per the charterparty.
The issue of recognition and enforcement of foreign court judgments and arbitration awards in Turkey is one of the most vital final key points in international transactions in case the object of the transaction (i.e. the aircraft, goods, assets of debtor) is situated and the defendant or debtor having its assets and principal place of business in Turkey when the time comes to reposses of the title or to enforce any foreign court judgment or award.
The parties to an international legal transaction or commercial contract usually do not agree on the jurisdiction of Turkish Courts.
October 14, 2010 By Ozturk & Partners Law Office
Under the Carriage of Goods by Road Convention, the carrier is liable for any loss of or damage to goods that occurs during transportation and as well as for any delay in delivery.
October 14, 2010 By Ozturk & Partners Law Office
The legal framework of the Foreign Direct Investments(FDI) are regulated under the law numbered 4875 and dated 17.06.2003. This law is structured as a legal guideline for investors and consists of 7 articles which includes general rules and principles about FDI. In this article, I would like to explain this law’s articles briefly.
October 12, 2010 By Cai & Lenard
This article is the second in the special set of comments “Stereotypes of international arbitration”. It is worth mentioning that here we discuss the myths which re typical for international arbitration.
October 8, 2010 By Akdogan Uslas, Attorneys at Law
This article mainly discusses the characteristics of Articles of Association under Turkish law and especially provides clarification as to how it can be used as an effective legal instrument.
October 8, 2010 By Akdogan Uslas, Attorneys at Law
This article discusses the legal regime established by the new regulation of the Ministry of public Works as regards foreign-related real estate acquisitions in Turkey.
October 6, 2010 By Leks&Co
Formerly, investment law was regulated in two different regulations. The Law No. 1 of 1967 on Foreign Capital Investment as amended by Law No. 11 of 1970 on the Amendment and Supplement to the Foreign Capital Investment Law No. 1 of 1967, and Law No. 6 of 1968 on Domestic Capital Investment as amended by Law No. 12 of 1970 on the Amendment and Supplement to the Domestic Capital Investment Law No. 6 of 1968.
September 24, 2010 By Blackfriars LLP
The Nigerian Money Laundering (Prohibition) Act 2002 (MLPA) was enacted at a period when money laundering was synonymous with drug trafficking. Consequently, the law sought basically to prohibit gains obtained from narcotic drugs and other psychotropic substances.
September 20, 2010 By Serap Zuvin Law Offices
The Cape Town Convention is an international agreement that strives to provide a much clearer structure for international aviation finance. The Cape Town Convention augments the Chicago convention which was the primary source of regulation to governing the registration of airframes, aircraft, and helicopters. The Chicago convention only provided a very loose framework of international law regarding the nationality of aircraft.
September 17, 2010 By M. Korelis & Co LLC
The mechanism of Cyprus International Trusts in Tax Planning.
September 15, 2010 By MDM Law firm
In the field of competition law, internal company communications with in-house lawyers are not covered by legal professional privilege.
September 15, 2010 By Lorenz
In this contribution, the authors comment on a recent decision of the Administration Tribunal of the International Labor Organization in which the principle is discussed whether a rule of general application can be challenged.
September 6, 2010 By Serap Zuvin Law Offices
After the eruption of an Icelandic volcano earlier this year, it became clear that in order to be able to respond in a fluid and coordinated way to another incident; Europe must push ahead with the single sky project that was originally set to be completed by 2020 and have standards in place by 2012.
September 2, 2010 By Wagner Sidlofsky LLP
This article addresses the risks to Israelis being sued in Ontario, Canada. Sometimes there is a tendency for Israeli defendants to ignore Ontario lawsuits. Perhaps they feel judgment proof because they have no assets in Canada. That may be unwise. Ontario may assume jurisdiction and grant judgments against Israeli defendants. Such judgments may be enforceable in Israel leaving the defendant's assets in Israel vulnerable to collection.
September 2, 2010 By MMLC Group
China's automotive industry has grown nearly 2,000% in the past 20 years to a whopping 13.6 million total autos sold in 2009—surpassing the US to become the world's number one auto market.
August 31, 2010 By Wortels Lexus
Mauritius has got a safe banking environment for local and foreign investors.
August 30, 2010 By Wagner Sidlofsky LLP
This article addresses the risks to Americans being sued in Ontario, Canada. Sometimes these defendants ignore Ontario law suits because they have no assets in Canada. That may be unwise. Ontario may assume jurisdiction and grant judgments against American defendants. Such judgments may be enforceable in the US.
August 27, 2010 By MMLC Group
This article looks at the various laws and regulations that can be used to protect privacy in China. It goes on to analyze a recent court decision regarding Article 253 of the PRC Criminal Law, which has expanded the scope of this provision for the benefit of privacy.
August 24, 2010 By MMLC Group
Since China's adoption of the “Open Door” policy and entry into the World Trade Organization (‘WTO’), merger and acquisition activities in China have become an increasingly attractive alternative to foreign investors as compared to foreign direct investment. This article gives an overview of the laws and regulations governing mergers and acquisitions by foreign entities in China.
August 22, 2010 By Angela Wang & Co.
Listing on the Hong Kong Stock Exchange by way of introduction received some attention recently as a result of the suspension of trading in the shares of Asian Citrus Holdings Ltd, China’s biggest orange plantation just 2 hours after trading on the opening day and in June 2010, the listing of London listed insurer Prudential PLC where Prudential added another trading venue in Hong Kong without raising additional funds as no new shares were issued in Hong Kong.
August 22, 2010 By Greer & Associates
There are very good opportunities for investment in St Lucia. Once you have decided what property you wish to buy, you will need an alien landholding licence. This article guides you through that process.
August 21, 2010 By Geni & Kebe
On October 1993, 16 African States signed a treaty known as the ‘Organisation pour l'Harmonisation du Droit des Affaires en Afrique’ (Organization for the Harmonization of Business Law in Africa, the ‘OHADA Treaty’). Two years later, on September 1995, it entered into force and provided its members with a uniform business law, a regional arbitration and dispute resolution institution, and a regional institute for the training and specialization of magistrates.
August 18, 2010 By Fikadu Law Office
Are you planning to invest in Ethiopia as a foreign investment? If so here is a brief note about the basic requirements of foreign capital registration under the Ethiopian law.
August 3, 2010 By V&T Law Firm
The recognition and enforcement of a foreign judgment/arbitral award not only affects the right and interest of the parties to the judgment/arbitral award, but can be a matter of sovereignty. In today’s international community, it becomes popular one state recognizes the judgment/arbitral award made by a foreign court/arbitration organization based on certain conditions, which brings convenience to the parties to the judgment/arbitral award and promotes the friendship of the states involved.
August 2, 2010 By Wortels Lexus
The main criteria being looked upon by our Supreme Court before the enforcement of a foreign judgment in Mauritius
July 29, 2010 By Dr. Zoltan K. Toth, Attorney at Law
They say there are two things that are almost sure in your life: death and taxes. It is likely that none of these problems will ever be completely “solved”, however as medical professionals are continuously working on expanding life expectancy, we, tax professionals are always trying to offer cosmetic solutions for lowering the overall tax burden of businesses.
July 29, 2010 By Siam Legal International
Introduction: The Treaty of Amity and Economic Relations between the Kingdom of Thailand and the United States of America (Treaty of Amity) was signed in 1966. Through the signing, the nations intended to encourage “mutually beneficial trade and closer economic and cultural intercourse between their peoples….” The Treaty of Amity allowed for expansive international commerce between the two nations. Specifically, it allowed U.S. owned business to operate as Thai companies in Thailand.
July 27, 2010 By Cindemir Law Office
Regulation (EC) No 384/96 aims to transpose the provisions of the new agreement on the implementation of Article VI of the General Agreement on Tariffs and Trade 1994 (1994 Anti-dumping Agreement) into Community law with a view to ensuring appropriate and transparent application of the new anti-dumping rules.
July 23, 2010 By Dardikman Law Offices
How to establish a Limited Liability Corporation, Joint Stock Corporation from a practical point of view.
July 21, 2010 By Glimstedt Law Firm
Nowadays not only foreign investors and clients who are willing to finance different projects but also foreign contractors involved in construction of turnkey are interested in Belarusian construction business. There are several strategies to enter the construction business which may be implemented in the frame-work of cooperation or integration.
July 15, 2010 By Grata Law Firm
A choice of the governing law of any agreement is the most important element. In Kazakhstan, sometimes the parties are not free to select any governing law.
July 14, 2010 By Alves Jacob Law Firm
Immigration visa to Brazil will be granted only to applicants who satisfy the special requirements established by the Brazilian National Immigration Council or the Ministry of Labor. In principle, there are seven cases in which a foreigner can obtain a permanent residence visa to Brazil.
July 13, 2010 By Siam Legal International
Introduction: The Extradition Act of 2551 (2008) is the relevant statute that governs extraditions to and from Thailand. In addition to the Thai statute, international treaties affect extradition proceedings. These instruments allow the Thai government to request or comply with an extradition proceeding.
July 10, 2010 By Cindemir Law Office
This article aims to explain the concept of settlement related to the United Nations Commission on international trade law and Turkish perspective.
July 10, 2010 By Cindemir Law Office
The article aims to explain the the Structure of Board of Directors According to the Turkish Commercial Code.
July 7, 2010 By Molina & Co.
The Republic of Panama was recently awarded the "investment grade rating on its debt" by the rating agency Standard & Poor's, which adds to that previously awarded by Fitch, thus becoming a stable and growing country and generating a lot of confidence among investors.
July 6, 2010 By TIM Services
The Russian immigration system has changed significantly over the recent years. Some of the changes include several laws being amended and some new regulations being enacted to improve the procedures and make them more straight-forward.
July 5, 2010 By Blackfriars LLP
The proposal to establish Market-makers in Nigeria has not taken off two years after SEC approval. July 2010 Vol. 23: Issue 7
July 5, 2010 By Blackfriars LLP
The full extent of the powers of the CBN Governor and the CBN itself to regulate banks registered in Nigeria is contained in two pieces of legislation: the Central Bank of Nigeria Act, and BOFIA, respectively. However, whether these pieces of legislation authorize the CBN Governor to takeover and sell off the banks is a matter of serious legal doubt.
June 30, 2010 By V&T Law Firm
On June 3, 2010, the Ministry of Culture (MOC) issued a regulation called Tentative Rule on Administration of Online Game (the Rule). The new Rule highlights that online game players should register their real names before participating in virtual competitions in cyberspace.
June 22, 2010 By Siam Legal International
Thailand is a truly unique place for most couples to make their dream wedding come true. Nonetheless, a legal marriage in Thailand for both foreigners and Thais should be performed according to Thai law.
June 21, 2010 By Siam Legal International
Adoptions in Thailand are governed by the Child Adoption Act 2522 (1979). Adoption requirements are strict. The process can take upwards of 1-3 years. In addition to complying with Thai law, the adoptive parent(s) must comply with the regulations set out by their own governments. Additionally, adoptions must comply with the Hague Adoption Convention.
June 15, 2010 By Ketenci & Ketenci
Update of Italian Guidelines on Rapid Alert System for Food and Feed: some explanation in a shaded internal legislative framework.
June 6, 2010 By Cindemir Law Office
The article aims to clarify the conditions of being foreign investor in Turkey and the scope of Turkish Direct Foreign investment law which come into force August 20, 2003.
May 25, 2010 By Williams Law Chambers
Although mention of the Islands of The Bahamas will typically evoke images of sun sand and sea, these 700 sun-kissed cays mask an ever-increasing cache of often untapped resources. Like the sea creatures that choose these Islands as their playground, global citizens find The Bahamas alluring for more reasons than its friendly population, its easy-going way of life, and its appealing climate.
May 25, 2010 By Mariscal & Associates
We are currently in an economic stage of globalization and the internationalization of trade relations. Within this period, the increasing complexity of transactions and the current economic crisis are contributing factors to a greater proliferation of international commercial disputes.
May 17, 2010 By Mata & Pitti
Main advantages for creating a Panama Offshore Corporation / Panama IBC, compared with other offshore jurisdictions.
May 11, 2010 By Law Office of Dr. Aliaksandr Danilevich
Belarus is a signatory of the Convention on Recognition and Enforcement of Foreign Arbitral Awards of 1958 (the “New York Convention”). In Belarus’ internal legislation, questions of recognition and enforcement of foreign international arbitral awards are regulated by article 45 of the Law of Belarus from 09.07.1999, No 279-Z "On the international arbitration court (tribunal)".
Relationships between Defense Counsel and Suspect at the Investigation Phase in Terrorist Crimes - Turkey
May 11, 2010 By Kocali Law Office
Organized Crimes and fight against such crimes which are at the top of the agenda in our country in the recent days, rights of suspect and counsel creating the defense side are very important. Differences are noticed in the regulations on this matter between simple (petty) offenses and organized crimes.
May 5, 2010 By Ince & Co LLP
The Federal Supreme Court of the UAE has ruled in a recent case that the Ministry of Justice has the power to overturn any Court ruling which it deems to be “improper”.
April 28, 2010 By Levant Law Practice
The global financial crisis has sparked questions about the conceptual foundations of a financial sector that has grown unwatched during the past three decades fueled by an uncontrollable thrive to accumulate profits, individualism, extreme liberalization and deregulation. Voices worldwide are calling for reforms and for the inclusion of ethical, social, collective, human and ecological dimensions in any financial and economic policy.
April 21, 2010 By Guo Lian Law Firm
China’s State Council issued Several Opinions on Further Improving the Work of Utilizing Foreign Investment, (Guofa  No. 9) (the “Opinions”) on 6 April 2010. The Opinions set out its guideline on the future development of China’s foreign investment policies.