International Law Articles

This article aims to explain the concept of settlement related to the United Nations Commission on international trade law and Turkish perspective.

The article aims to explain the the Structure of Board of Directors According to the Turkish Commercial Code.

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.

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.

The proposal to establish Market-makers in Nigeria has not taken off two years after SEC approval. July 2010 Vol. 23: Issue 7

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.

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.

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.

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.

Update of Italian Guidelines on Rapid Alert System for Food and Feed: some explanation in a shaded internal legislative framework.

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.

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.

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.

Main advantages for creating a Panama Offshore Corporation / Panama IBC, compared with other offshore jurisdictions.

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)".

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.

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”.

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.

China’s State Council issued Several Opinions on Further Improving the Work of Utilizing Foreign Investment, (Guofa [2010] No. 9) (the “Opinions”) on 6 April 2010. The Opinions set out its guideline on the future development of China’s foreign investment policies.

The legal framework of the Foreign Direct Investments are regulated by the Law numbered 4875 and dated 17.06.2003. This law is structured as a legal guideline for investors, which consists of 7 Articles and regulates general rules and principles about FDI.

This article mainly discusses the ability of companies to enter into specific transactions (limits of corporate powers) under Turkish law.

A Foreign Company planning to set up its business operation in India has number of options to establish its direct as well as indirect presence in India. This article provides an outline.

In this article, historical background of Alternative Dispute Resolutions and its legal position in Turkish law are examined.

This Article examines the legal situation of Sales of Real Estates to Foreigners in Turkey. The recent changes in Turkish legislation in regard with real estate had been also taken into account. One of the influence of globalization to nation states is concerning with sales of real estates sale to foreign entities. In this article, you can find the story of EU candidate Turkey and Europe in relation with sales of real estates.

This article discusses the compulsory use of the Turkish language in agreements executed in Turkey and its exceptions.

This article mainly discusses the two formations that foreign investors prefer to establish in Turkey before incorporating a separate legal entity.

The existing investment legislation of the Republic of Kazakhstan determines the system of tax, customs and other privileges and preferences for business subjects carrying out investment activity on the territory of the Republic of Kazakhstan. This system is both effective in regard of local and foreign investors performing investments into economy of Kazakhstan.

On 17 December 2009, the Rome I Regulation (EU Regulation 593/2008) on the law applicable to contractual obligations comes into force and will be directly applicable in all EU Member States with the exception of Denmark. It will apply to all contracts concluded as from 17 December 2009.

VAT applies to all individuals and enterprises engaged in supplying goods or rendering services or in importing goods (not services). Provision of services that are not covered by VAT may be subject to Business Tax (see below).

Land development and construction in Thailand are primarily regulated by two laws: the Building Control Act and the Town and City Planning act, both of which have been passed and continuously revised starting in 1992.

The use of a Thai holding company as a means of circumventing the prohibition against foreigners having a direct interest in land may no longer hold true in the near future. With the advent of the proposed amendments to the Foreign Business Act and the continued application of previously issued policy guidelines, land registration in favour of a Thai limited company has resulted in a more stringent and rigorous process.

Courts in Ontario, Canada, where more than one-third of Canada’s population resides, are very receptive to the enforcement of final and conclusive foreign money judgments is subject to certain statutory exceptions and procedural requirements. The authors detail the law and procedure relating to the enforcement of foreign jdgments in Ontario, Canada.

It has been a little over six months since China enacted its groundbreaking new Labor Contract Law, which is just enough time to get a preliminary assessment of its impact. The new Labor Law has had a huge impact on how employees are treated in China and on how they view their rights.

Many small and medium sized companies that engage in OEM manufacturing/ outsourcing in China fail to take the steps necessary to protect themselves. When problems arise, they can do little or nothing to protect themselves because they have no legal basis for protection.

Ideally, contracts are forged with the view of attaining a fair and just agreement between the parties. In practice, however, this is not always true as market forces, unequal bargaining positions and fraud mire the negotiation process. Thailand real estate contracts suffer from the same malady as developers and buyers often stand in unequal and sometimes opposing terms.

China’s National Development and Reform Commission and Ministry of Commerce jointly revised and promulgated the Catalog of Industrial Guidance for Foreign Investment on November 7, 2007 which replaced its 2004 version and took into effect on December 1, 2007.

How and whether it is possible to act ethically at international level.

How to choose the best jurisdiction for setting up a company and how to choose the corporate service provider.

Succession is one of the modes of transferring ownership which takes effect by operation of law upon the death of the owner. In Thailand, succession may either be intestate or testamentary. When there is a valid will made by the deceased, testamentary succession will take place. If there is none, intestate succession will rule upon the distribution of the estate.

The author discusses a recent judgment of the Administrative Tribunal of the International Labor Organization that formally confirmed the ongoing trend in international civil service case law toward the recognition of single-sex partnerships insofar that they are recognized on a national level.

When traveling in a foreign country, be it by land or air, one is usually required to secure a visa first. Securing a visa is one of the most important thing, if the not the most basic requirement, that one should know before traveling to another country.

This article seeks to consider the regulatory framework that governs corporate immigration in Nigeria. This article’s goal is not to provide new ground breaking research, but to provide someone unfamiliar with corporate Immigration laws in Nigeria with all of the most current information in an accessible and easy to read format.

Rotterdam Rules have been worked up especially for liner trade and carriage of goods by sea. Containerization of trade and transportation of cargo require relevant enforcement of law. International community makes efforts to create legal norms regulating relations in multimodal technology of contemporary transport, especially, marine transport.

The following article will guide you through the types of corporation, partnerships, and businesses you are able to establish in Israel. The article will provide you with all the necessary details and paper works you will be required in order to establish your corporation in Israel.

In China, with the increase of foreign investment and prosperity of international trade, the cooperation between Chinese company and foreign company becomes more diversified and complicated. As a result, the number of business disputes has been increasing rapidly. When the dispute arises, the parties involved will seek a fast and efficient dispute settlement mechanism.

The author makes a comparison with the setting up of a representative office.

Amid the economic turmoil sweeping the world, the financial services markets are evolving. Islamic finance has become the prevailing method of finance in some Eastern states where conventional finance once dominated.

Adjustment of Status is the process when the K1 or K3 visa applicant (either the Thai fiancée or spouse) becomes a lawful permanent resident (also known as a “Green Card” holder) of the United States without leaving the country. For the CR1 and IR1 visas, this process is done when the Thai Spouse applies for a visa at the US Embassy in Bangkok.

An American visa is the most valuable key that a foreign citizen has for entering the United States and be able:to do business make investments, do banking transactions, or to travel freely and legally within the U.S. territory, to study, work, to take an aeronautical course, make legal arrangements of all types, or to simply enjoy a vacation, sightseeing and entertaining oneself, among many other benefits.

Settlement of Investment Disputes

The article reflects on the outcomes of the summit G20, which occurred in April 2009. White, grey and black lists of jurisdictions are described and analyzed. Latest tendencies in the offshore world are represented.

The article was done to follow the new amendments in the Taxation system of Kuwait , especially when Kuwait brought the rate of taxation to 15% only after it was 55% for foreign companies. The article is focused on the practical applications for the foreign companies , when they do business in Kuwait ...

The rapid pace of change in Libya creates significant opportunities, challenges and complex decisions for economic operators and investors. To benefit from these opportunities it is necessary to follow the fast changes of the Libyan law and in particular the requirements regarding the a business presence of a foreign company in Libya.

The Algerian arbitration law on international arbitration has been thoroughly changed by the Law No 08-09 of February 25 2008, which entered in force on February 25 2009, pertaining to the New Algerian Code of Civil and Administrative Procedure. This new Algerian arbitration law is built into articles 1006 through 1061 of the Code.

Jan Dhont comments on new data retention bill announced by the Belgian Ministry of Justice. “The proposed data retention requirements risk to violate consumer’s privacy and comes with a high cost. Belgian consumers are likely to pay twice for unpopular and privacy-unfriendly measures”, Mr. Dhont says.

Frequently asked questions related to hiring local and foreign employees in Taiwan

This article outlines the state of affairs on the limitations that many politicians announced in the wake of the financial crisis on the use golden parachutes.

The present article seeks to provide parties interested in obtaining protection for their trademarks in Guatemala, with a brief and concrete summary of the laws, regulations and administrative practice surrounding trademark protection and enforcement in our country.

What kind of estate planning is advisable for individuals with a non US citizen spouse? In this article, San Francisco Bay Area attorney John C. Martin discusses three reasons why individuals with a non US citizen spouse should consider estate planning with QDOTs, and how to avoid several pitfalls.

Ong Hong Hoon (“Ong”) was the executive director of GP NanoTechnology Group Limited, formerly known as Guang Ping NanoTechnology Group Limited (the “Company”) previously listed on the Growth Enterprise Market (“GEM”) of the Stock Exchange of Hong Kong Limited (“HKSE”) and de-listed in June 2005. Ong was also the chief executive of the Company and its subsidiaries (the “Group”) and had responsibility for the overall daily management of the Group.

The objective of this article is to address the generic problems facing local lawyers, foreign lawyers and corporations involved in international litigations in Africa. Any local counsel or litigant, foreign counsel or litigant, General or In-house Counsel to a Corporation, local and foreign Government agency or third party may become a party to litigation in Africa at any time of any transaction where the subject matter of suit occured in Africa or either of the parties are based in Africa.

On June 12 2009, the new Turkish Citizenship Act, No. 5901, was published in the official gazette and is now in force.

Nowadays, the most significant efforts and works for preservation of Intellectual and Industrial Property Rights have been carried out under the headline of “Fight Against Piracy”. Considering the fact that pirated (counterfeited) materials could be easily accessed nationwide even at the smallest towns, the stage arrived in the fight against piracy may easily be assessed.

At the point reached today it is realized that great and utmost efforts must be exercised for ensuring that Professional Associations should take much more effective role in the protection of property rights of Owners of the Works of Art and related Right Holders.

This article is for information only and not legal advice. The author discusses the enforcement of foreign judgments in Canada. This article was originally presented in French at the Conference of the Association of French Speaking Lawyers of Ontario (AJEFO) in Niagara Falls, Ontario, June 4, 2004. It has been translated into English by the author. The content is still current to 2009.

Drug import faces strict state control in the whole world, which is also the case in China. International pharmaceutical companies planning to enter into the Chinese market sooner or later should be informed of the relevant legal formalities involved in the drug import in China. Bright & Right shares the experience of drug import in serving international pharmaceutical enterprises with those potential international players in China.

The State Administration of Taxation issued Notice on Administration of Individual Income Tax Collection regarding Stock Transfer (hereinafter “Notice”) on May 28, 2009. The Notice emphasizes the liability of individual income tax payment by individual shareholders for the stock transaction and a strict procedure is set to avoid tax evasion.

Turkey has recently amended its mining regulations in order to attract more domestic and foreign private investors in the industry. The amendments made are criticized particularly by the environmental groups for removing the environmental controls drastically and by domestic mining investors for being radically open to foreign investors. This Newsletter deals with some of the important aspects of the recently enacted pieces of legislation.

You have probably heard about the story of a famous Filipino actor who became an “instant” U.S. citizen. His case caught the imagination of so many Filipinos. Suddenly, they began building their family tree, wondering if the branches would lead back to America. But more than the desire to go to America, there is really something wonderfully exciting about learning your true heritage.

The rights of passengers will be bolstered from 3 December 2009 when a new EU Regulation comes into force. Regulation 1371/2007 on rail passengers' rights and obligations will have direct force in the UK without the need for national legislation.

On June 6, 2009, the Patent Cooperation Treaty (PCT) came into force in Peru.

This memorandum was prepared for a client who owns a US company and who was considering a joint venture in the State of Florida with a non-US individual. The venture entailed acquisition of US real property for the purpose of lease or resell. Because the legal and business concepts discussed are of general application, and because foreign investment in US real estate is of the moment, the key points of the memorandum are set forth herein for public benefit.

The current article sets forth the basic principles for immigration to Belgium and outlines who needs a work permit.

The Royal Decree Law 3/2009 of the 27th of March is a recent reform of the principal Spanish rules relating to insolvencies, i.e. the Insolvency Law 22/2003 of the 9th of July.

In any civil or commercial action, for a court to exercise jurisdiction on a matter, it must be established that adequate notice of the action or the originating processes were served through the proper means or channel. Failure to adhere to the rules or laws that guide the service of legal process would nullify the proceedings and rob the court of jurisdiction to act on the matter particularly when the successful party seeks to enforce the foreign judgment in Nigeria.

The Chinese Trademark Office accepts trademark applications for registration of trademarks for goods, service trademarks, certification trademarks and collective trademarks. Any visual sign including words, devices, letters, numerals, three-dimensional symbols, combinations of colors or any combination of the above elements may be applied for the registration of a trademark.

Convention for the Unification of Certain Rules for International Carriage by Air ("Montreal Convention") was opened to signature in Montreal by the states participating in the “International Conference on Air Law” held in Montreal during May 10th to 28th 1999 for the purpose of harmonizing of the Warsaw Convention to today’s conditions.

The Chinese securities market is a hot area for foreign investment. Currently, China has opened the B-share market to foreign investors, and begun to open the A-share market to qualified foreign institutional investors, which means China has opened its domestic stock market to foreign capital. In terms of securities firms, China is beginning to widen market access to foreign capital.

On March 5, 2009, the Law of Ukraine “On amending to some legislative acts certifying the title to land plot as well as the procedure of partition and consolidation of the land plots” was adopted.

In late May 2009, the Justicw John Gilmour of the Federal Court of Australia, reserved his decision in the case brought by the Australian Securities and Investments Commission (“ASIC”) against billionaire, Andrew (Twiggy) Forrest of Fortescue Metals Group. This article looks at the precarious nature of contracting with a Chinese entity and the care that must be shown, when issuing public announcements.

With the proposed amendments to the Electronic Communications Privacy Directive 2002/58 (hereinafter: “E-Com Directive”), the European Union is setting its first steps towards introducing information security legislation in Europe.

The democracy as I have been taught, as I have been opportune to see being practice universally and as backed by plethora of judicial authorities is the complete application of rule of law and human rights is any given society.

The law governing ship arrest as an executory measure in Cameroon is the CEMAC Merchant Shipping Community code of 03/08/2001 (the code). The code was inspired chiefly by the International Convention of 1999 on the Arrest of Ships and the Brussels Convention of 1952 on the Unification of Certain Rules on the Arrest of Ships.

The Austrian legal system offers a broad variety of company types for individuals and legal entities. Austrian law recognizes civil partnerships, general and limited partnerships, silent partnerships, commercial cooperatives as well as companies with limited liability (LLC) and joint Stock Corporations.

In a growing, global economy where alternative dispute resolution is becoming more and more common, the International Centre for Dispute Resolution provides an increasingly important forum for resolving international business disputes.

In accordance with the new Commercial Register Act all Bulgarian companies registered before enforcement of the Commercial Register Act (01. 01.08) should be re-registered under the terms of the new Commercial Register Act.

It is possible under Romanian Law to establish branches of an existing foreign company starting its business activities in Romania. The general term of a Romanian “branch” refers to the location where companies create secondary quarters, locations where the company sets up entities which are either only empowered to administer the Romanian company’s business or only empowered to represent.

This article is a practical guide to the process of buying property in Cyprus including information with regards to the legal formalities of the procedure.

In the present article we will briefly present the legal provisions in force in Romania which make the use of the FIDIC Conditions of Contract mandatory when Romanian authorities are either beneficiaries or employers.

On May 15, 2009 the new rules governing the entry and duration of stay by foreigners in Ukraine were introduced by the Cabinet of Ministers of Ukraine. The new rules limit the short-term stays to 90 days within the 180-day period from the date of first entry for citizens of visa-free countries and citizens of WTO member countries: this ends the privileged 180-day stay regime that existed for such foreigners in Ukraine before.

In the following we will briefly present the characteristics of Romanian nongovernmental and nonprofit organizations.

International clients living in the United States face a number of Estate Planning challenges. For the unwary, a lack of planning can lead to disaster. In this article, attorney John C. Martin discusses four traps for the unwary expatriate who passes through, lives, or works in the United Sates.

Should you consider handing over your keys back to the bank?

Under current Chinese law, there are two options available for the employer to reduce its financial obligations to employees based on financial difficulties. The first option, in lieu of dismissing the employee, the employer may negotiate with the employees to adjust the current employment agreement; effectively placing the employee on “holiday status”. The second option would be to simply terminate the current employment contract with the employee.

A recent decision by a Chinese court, making Scheider Electric pay tens of millions of dollars in damages to a Chinese patent holder, must be seen as a wake up call for any one doing business in China. China's patent laws need to be considered when doing business in China and failure to do so, can lead to disastrous consequences.

Following protracted negotiations, the European Council adopted the new Waste Framework Directive (WFD) in October 2008. The WFD must be fully implemented into UK law by December 2010. This article explains all the changes.

Congress has authorized a second 6-month extension of the Immigrant Investor Pilot Program until September 30th. 2009. With the US economy still reeling and unemployment rates continuing to rise, there is substantial support to make this program permanent. The EB5 program is designed to bring foreign investment into the US and to create employment opportunities for US workers.

Since 1844, land transactions in Hong Kong have been operating on a deeds registration system governed by the Land Registration Ordinance (Cap.128). Under this regime, a purchaser’s solicitor has to review historical title documents to establish good title to land, which process is very complex and costly.

This article summarizes some of the most important legal tips that every Internet entrepreneur should take into account for their online businesses in Spain, and to help them understand such legal risks, a key point in keeping their business healthy and profitable.