International Law Articles
Articles written by attorneys and experts worldwide
discussing legal aspects related to International Law.
Measures for the Launching of a Pilot Foreign-Invested Equity Investment Enterprise Project in Shanghai
Implementing Measures for the Launching of a Pilot Program for Foreign-Invested Equity Investment Enterprises in Shanghai (the "Measures") were issued jointly by the Shanghai Municipal Financial Services Office, Shanghai Municipal Commission of Commerce and Shanghai Municipal Administration of Industry and Commerce on January 12th, 2011. The Measures will be effective on February 1st, 2011.
The Connecting Europe Facility (CEF) Regulation and its impact on Cyprus Republic. The European Commission adopted on October 2011, a plan with a huge budgetary importance of around 50 billion euro aiming at improving EU’s transport, energy and networks.
Cyprus was a British colony until 1960 and as such the Cyprus legal system was highly influenced by the English legal system and the principles of common law and equity were adopted by the legal system of Cyprus.
The international law operates on the basis of coordination with elements of compromise in the relations between states. In these relations equality prevails between states based on their sovereignty. This spirit is entirely followed by the law “On International Law” nr.10428 date 02.06.2011. The law is conceived as an act which reflects the rules adopted by the EU legislation and fulfills the obligations of Albania that arise from the membership in the Hague Conference on International Law.
The EU Commission has recently presented a draft regulation with the purpose of creating a standard sales regime across the European Union.
By Molina & Co.
Panama and the United States approved the Trade Promotion Agreement (TPA).
In September, 2011, a consortium of five Chinese companies invested 2 billion USD to acquire a minority stake in a Brazilian metal company...
This update looks at major recent developments in legal and business issues in China.
One of the advantages of arbitration proceedings over domestic court proceedings is the opportunity for the parties to select the person(s) that will decide on the issue in question, the arbitrator(s). In arbitration proceedings the parties are enabled to nominate arbitrators that have a certain specialized and up-to-date know-how that might be required to understand the technical background of the issues in question.
Arbitration proceedings offer various important advantages to the normal local court proceedings in Thailand.
In Thailand, Section 11 of the Arbitration Act (2002)(the "Act") specifically requires that the parties, must enter into a written "Arbitration Agreement" that is signed by both parties. Furthermore, the Arbitration Agreement must state that the parties want arbitration proceedings govern all disputes arising out of a specified legal relationship, like a contract.
If you are doing business in Thailand you might have already had some experience with the local court system. An all too common complaint of the local business community is that court proceedings in Thailand are agonizingly slow.
A Sovereign Investment Authority (Establish, Etc.) Act, 2011 has established for Nigeria a Sovereign Investment Authority. This Authority is charged to receive, manage and invest in diversified portfolios the excess of the medium and long term revenue of the Federal, States, Local Governments and Area Councils. The Proceeds of these investments are statutorily required to create a savings base for the country, develop infrastructure that will attract local and foreign direct investments.
A Limited Liability Company (LLC) is an important investment vehicle for Israelis who operate in the US. An LLC is a company incorporated under the laws of one of the US states. In practice, LLC’s are often formed in the state of Delaware for administrative ease. They are relatively cheap to form and run. An LLC does not have shareholders, but rather members.
Finance ministers and Central Bank governors of European Union Member States debated during the last informal Economic and Financial ECOFIN Council of September 17, the current condition of the economy and the situation in sovereign bond markets. The debate on the European Union’s financial stability was also attended by representatives of European financial oversight authorities.
New legislation to present abuses to the disclosure of deals. New rules were adopted September 14, 2011 by the European Parliament to prevent abuses in wholesale energy trading for the final protection of consumers. According to the legislation, wholesale trading will be monitored independently across the EU, in order to enable Member States to prevent and punish anti-competitive behaviors.
All European Union countries have been affected between 2008 and 2010 by the economic and financial crisis and after a contraction in 2009 in every EU country, except Poland, growth returned in 2010 in all but five peripheral countries. While in 2010 several countries continued to support their economies through discretionary measures, other countries had less room for maneuvers given their underlying public finance situation trying to consolidate them.
Obtaining the Belgian professional card is a compulsory step for non-EU citizens who plan to set up a company or to buy a running business in Belgium. With the work permit (for expats as employees) and the wealth card (for people who can prove that their financial means avoid them to work), professional card is also the best way to become a Belgian resident.
Following the implementation of the 6th Environment Action Program (EAP), which was adopted on 22 July 2002 and provided the framework of EU’S Environment legislation and extended the Natura 2000 network, the European Commission adopted on 31 August 2011 the final assessment of the 6th EAP (2002-2012).
Based on Eurostat’s researches, the Republic of Cyprus disposes a very promising feedback from the energy saving and the renewable energy schemes, as more and more people apply for the available funding.
A treaty for the avoidance of double taxation has been signed between Israel and Malta, and a treaty for the avoidance of double taxation has been initialed between Israel and Panama. These treaties will enter into force on completion of ratification proceedings in the two countries.
Over the last several years the pharmaceutical markets of some countries of the former Soviet Union have witnessed strengthening positions of domestic production of medicines, as well as the general tendency of the imported medicines substitution by the domestically produced pharmaceutical products (so-called “import substitution”).
The Czech Republic has concluded another agreement on exchange of information on tax matters (TIEA). Following the signing of similar agreements with the British Virgin Islands on 13 June 2011 and the Isle of Man on 18 July 2011, the Czech Republic concluded and signed a TIEA with Bermuda on 15 August 2011.
Do you want to know about areas of investment permitted for investment according to Ethiopian law?
On July 1st, 2011, the Trademark Office issued a new Resolution concerning the elimination of the possibility of obtaining an extension to the deadline to file oppositions against new trademark applications. The new resolution is highly ambiguous and leaves many open questions. Risks shouldn’t be taken, we suggest filing any oppositions in due term until the scope of this regulation is clarified by the Trademark Office.
The Doctrine of Freedom of Contract also known as “Laissez Faire” is the basis for international carriage contracts, according to Common Law.
An article related to the Hague Visby Rules and goods on deck.
The Cendor MOPU case law brings a new scenario to insurance law.
This article aims to highlight the most essential legal requirements of Ukrainian legislation to foreign economic contracts which should help foreign companies to identify certain principal points subject to negotiations between the parties.
Whether it’s a start-up project or a successfully running company, at some point in time every business faces a need to raise money for a variety of reasons. There are two basic ways to raise capital: either debt or equity. This article focuses on comparative analysis of primary disclosure requirements for debt and equity offerings.
This article provides information to law firms and their clients to help them strategize on how best to get their foreign commercial arbitration awards enforced in Ghana.
The main aim of this article is to introduce business establishment models and procedure in Turkey to foreign direct investors who has intention of doing business in Turkey.
In March 2011, the European Commission adopted a plan for saving more energy through concrete measures. Energy efficiency is a key tool to strengthen Europe’s competitiveness and reduce energy dependence, as well as the level of emissions. The measures proposed aim at creating substantial benefits for businesses and public authorities.
The package of measures proposed by the European Commission aiming towards better regulated immigration flows from the southern Mediterranean region as well as the proposal to amend EU Regulation on visas consists of the new incentives of EU bodies for a fair, credible and effective EU immigration policy.
The Isle of Man and the Czech Republic signed a Tax Information Exchange Agreement (TIEA) on 18 July to regulate and facilitate the exchange of tax information between them. The TIEA will enter into force after both parties have completed all required ratification procedures and exchanged corresponding notifications. Most of its provisions will then take effect immediately, with the remainder taking effect on the following 1 January.
The Greeks abroad can take their share of their inheritance, without even having to travel to Greece.
Fund managers don’t like surprises. And it is this aversion to anything unknown that has caused the more “traditional” financial centers like London, Luxembourg, Ireland and Switzerland to boom as financial centers towards which fund managers have gravitated and established themselves over the past 20-odd years.
Malta has established itself on the map of domiciles of choice for alternative investment funds and continues to build its reputation as a financial services hub – a brief overview of the key ingredients for Malta’s success.
On 19 July 2011, the European Commission issued a list of the first sustainable voluntary schemes for biofuels recognized directly in the 27 EU Member States. According to the Energy Commissioner, Günther Oettinger, the EU has to secure the entire biofuels production and supply with the highest sustainability standards in the world under a transparent and reliable system.
The volume of e-commerce has been constantly expanding in Turkey. The total e-commerce volume of 15,2 million TL recorded in 2010, is expected to expand by 50% in 2011.
On 17 December 2010 the European Council agreed on the need for a Eurozone area and on the establishment of a permanent stability mechanism which will intervene by providing financial assistance to the Eurozone Member States after June 2013.
The Council concluded on 12 July 2011 the first European Semester which has been implemented this year, for the first time, as part of a broader reform of the EU’s economic governance. Based on the European Council’s decision a recommendation has been adopted on the implementation of the Eurozone Member States’ economic policies as well as a recommendation on its National Reform Program 2011 and the Stability Program 2011-2014 for each Member State.
The states of North Africa and the Middle East are high growth markets, having recently achieved growth rates higher than many so-called “industrialized countries.” Unfortunately, these developments have not been accompanied by the kind of patent protections that would apply in countries with longer histories of technological innovation. The NA/ME States are at a cross roads and it is timely to consider how their systems for the protection of technology measure up to international standards.
Which welfare rights for the crews? Maritime welfare law was initially developed under the aegis of the domestic legal systems of shipping Nations, each setting their own rules on board their ships. Ships’ freedom of registration and shipping internationalization were the main factors undermining domestic frameworks.
The European Commission has faced the challenge of being able to fund a number of policy areas where the EU could be more effective, by acting at EU level, in preparing its proposals for the future budget of the European Union. In its proposal, based on the Europe 2020 Growth Strategy, a new funding potential can be seen attempting to ease the direct impact of the national budgets with the creation of a new Multiannual Financial Framework (MFF).
To create an order in the investment activity, the authorized body needs to set out a line of licensing process before an investor could conduct the investment activity in the territory of Indonesia. Investment Coordinating Board (Badan Koordinasi Penanaman Modal) (“BKPM’) introduced a system, namely Integrated One Door Service (Pelayanan Terpadu Satu Pintu) (“PTSP”) whereby investors can enjoy certain facilities.
Every year, many U.S. citizens make the decision to adopt a child from overseas.
In the European Commission’s Communication regarding the contribution of the regional policy in the area of smart growth in the Europe 2020 strategy, the central role of European regions in this process is primarily recognized.
One of the fastest growing sectors in the Ghanaian economy is the Real Estate industry. In fact this is not strange to industry analyst especially as the World Bank’s Global Economic Prospect Report has projected that Ghana will become the fastest growing economy in fiscal year 2011 in sub-Saharan Africa.
The Anti-Monopoly Law (“AML”) opens a new landscape for merger and acquisition practice in China. Regardless where a merger takes place, if the transaction satisfies the prescribed conditions, it must be filed with China's Ministry of Commerce (“MOFCOM”), the agency charged with enforcing the merger control laws in China, for business concentration review.
Following the Justice and Home Affairs Council meeting of 9 and 10 June 2011, the Council discussed the political guidelines for the future work of the following issues:
The lists of third countries whose nationals should be in possession of a visa when crossing the external borders and those whose nationals are exempt from that requirement have been amended on several occasions. When introducing or lifting a visa obligation for a third country the current procedure can take several years. It has become clear that further technical modifications to the main text of the Regulation (EC) No. 539/2001 are needed.
It is not recommended to think, ...that the idea of using solar power for mechanical operations is recent. (1)
A foreign company wishing to establish a business in the Democratic Republic of Congo has an option between registering as an external company and forming a subsidiary in Congo. The choice between the one and the other hinges mainly on issues of convenience, privacy and tax. Sometimes, the issue of risk, or rather the limitation of risk, also comes into play. The decision at the end of the day is really a commercial one.
By Amaris Law
With the promulgation of the Regulation on Travel Agencies as of February 20, 2009 (“Regulation”), China has opened its doors to the foreign investors in the tourism business. However, the door of outbound tourism business is still firmly closed to the foreign investors. This Article will discuss the way to promote outbound tourism by setting up foreign invested travel consulting company in China.
Can the Right of Free Movement Be Invoked by EU Citizens to Regularise the Residence of Their Non-EU Spouse?
Under EU law, when a national of a Member State resides legally in another Member State, his or her spouse is allowed to remain with him or her even when the spouse is not a national of an EU Member State.
On 6 May 2011, China’s National Development and Reform Commission (“NDRC”) published a statement commenting on the punishment on Unilever (China) Co. Ltd. (“Unilever”) for its unfair price competition acts, endorsing publicly the law enforcement action in Shanghai.
During the ongoing crisis, the private and public sectors are under attack, often unable to react to the destructive power of evolution. Trade transactions are hit by uncertainty due to the ongoing liquidity constraints.
By Amaris Law
It is quite usual for a foreign employee to have the unfair clauses in his employment/labor contract in Shanghai, such as “the employer may terminate the labor contract without special reason, but with a 3-months or payment in lieu thereof.” This kind of clause has been usually regarded as valid by the Shanghai courts. However, the situation has been changing recently with the white book published by the Shanghai No. 2 Intermediate People’s Court as of April 12, 2011 (“White Book”).
The Obligations of International Organisations When Investigating on Informal Complaints of Harassment
On February 2, 2011, the ILO Tribunal rendered two judgments dealing with cases of harassment within international organisations. The Tribunal ruled that the claims challenging the sufficiency of the investigations carried out by the organisation at stake were admissible and allocated damages to the applicants, although the complaints were initially lodged in an informal way only.
The Russian Federation is one of the most important partners for the European Union. A key priority for the EU is to build a strong strategic partnership with Russia based on a solid foundation of mutual respect. Moreover, Russia is the largest neighbor of the EU with a dynamic market for EU goods and services and the EU’s market, on the other hand, is by far the most important destination for Russian exports.
The European Commission, in its Communication published 20 December, aims to make Member States tax systems more compatible in order to facilitate cross-border activities between citizens from neighboring States. Eventually new measures could make it easier for individuals living, working or moving abroad to confront double taxation, tax refunds reclaim, cross-border income, inheritance taxes, dividend taxes, car registration taxes and E-Commerce.
In the Official Gazette N°26,757-B of April 5th, 2011 was published the Law N°32 of the same date whereby a special, comprehensive and simplified system for the establishment and operation of free zones is established and provides other provisions. For your convenience, we have prepared the following summary of this law.
Panama and the USA Sign an Agreement for Tax Cooperation and the Exchange of Information Relating to Taxes
On the 30th day of November of 2010, the governments of the Republic of Panama and of the United States of America (“USA”) signed an “Agreement for Tax Cooperation and the Exchange of Information relating to Taxes” (“the Agreement”).
When investing in the Democratic Republic of Congo [DRC], you need to be concerned with the laws that regulate employment and related matters. This article gives you an idea on how to do.
This article discusses how to invest in the gambling business in the Democratic Republic of Congo.
To strengthen control over inbound foreign investments into the country, the State Council of the People’s Republic of China (“PRC”) on 3 February 2011 issued a Circular on the Establishment of National Security Review Mechanism on Foreign Investors’ Mergers and Acquisitions (“M&A”) of Domestic Enterprises in PRC (“Circular”). The Circular was implemented on 5 March 2011.
In addition to the Companies (Amendment) Bill 2010 which was passed on 7 July 2010, Hong Kong has also taken steps since 2006 to rewrite the Hong Kong Companies Ordinance (“CO”) and the Companies Bill was finally introduced to the Legislative Council on 26 January 2011. The Bill is intended to update and modernize the CO and improve the competitiveness of Hong Kong as an international financial center.
The Hungarian Presidency adopted the decision authorizing the signature for the convention on behalf of the EU on 14 April 2011 without any discussion at a meeting on the Agriculture and Fisheries Council.
The European Commission called Cyprus to comply with EU rules which grant to nationals from the European Union as well as from Iceland, Norway and Liechtenstein, the right to purchase property in the Republic of Cyprus. Cyprus is still maintaining its restrictive measures and as a result EU and EEA nationals cannot exercise their right.
Administrative Cooperation in the Field of Taxation (Council Directive 2011/16/EU of 15 February 2011) - Cyprus
In April 2009, the European Commission issued a Communication on “Good Governance in Tax Matters” with the intention to launch a debate about concrete actions that could be taken to better promote the principles of good governance in the tax area (transparency, exchange of information and fair tax competition). The aim of the Commission to improve synergies between tax and development policies becomes concrete with the Council Directive 2011/16/EU of 15 February 2011.
Issuing Securities in U.S. Private Offerings – New Higher Standard for Accredited Investors - Israel
When issuing securities in private offerings to U.S. investors, issuers (from companies to investment funds) often look to the registration exemptions and safe harbors afforded by Regulation D of the United States Securities Act of 1933 (the “Securities Act”). One of the key components of an exempted Regulation D offering is the “accredited investor” – the individual with significant net worth and deemed to not be in need of the protections afforded by a registered offering.
A brief note on investment incentives in Ethiopia.
Since 1992, the European Union has operated three programs of product designations in order to promote and protect the names of quality agricultural products and foodstuffs. They fall into two categories: those linked to a territory and those relating to a particular production method.
The Companies Ordinance of Hong Kong (“CO”) has been amended by the Companies (Amendment) Ordinance 2010 (“Amendment Ordinance”) in July 2010 and its principal purpose is to launch the electronic company incorporation and to implement a one-stop electronic company and business registration service in Hong Kong.
Under German law heirs inherit both assets and debts at the time of death. Heirs are personally liable for decedent's debts. In order to avoid liability for decedent's debts in Germany you must disclaim the inheritance. Strict time lines and formal requirements apply.
This article looks at the major legal issues associated with China's seed industry, as well as provides a snapshot of the main Chinese entities and government departments that are involved in the seed industry.
This article looks out a number of issues associated with the enforcement of foreign decisions of courts and arbitrators, in China.
Investing in commercial construction projects is an entrepreneurial activity that, according the Article 2 of the Legal Code of the Russian Federation, is undertaken at the investor’s own risk. Herein lies the primary difference in the consequences of a poor monetary investment by a legal entity or a private entrepreneur and the consequences of a developer not fulfilling his obligations before to the investor of the construction project.
Relative quiet conditions in the investment market give time for reconsideration and principle restructuring of the elements of the given market sector. The participants again have a real opportunity to evaluate the efficiency of any given investment mechanisms.
Nigeria is endowed with numerous mineral resources such as talc, iron ore, bitumen, gold, rock salt, gypsum, lead/zinc, coal, gemstones, kaolin, tantalite, bentonite and baryte located in different parts of the country in commercial quantity
Capital Gains Tax accrues on an actual year basis.
The Nigerian Money Laundering (Prohibition) Act 2002 (MLPA) was enacted at a period when money laundering was synonymous with drug trafficking.
In a successful infringement action, when an importer commits an infraction, it is possible to file a judicial demand, because bad faith has already been shown. This can result in a jail sentence.
A brief introduction to German estate tax, gift tax, and inheritance tax law. Easy to follow explanation and information in plain English on taxation of estates, heirs, and beneficiaries in Germany.
Basic Information in English on German probate and inheritance law.
A lot of various incidents have been reported in the ports of Ukraine. The vessels calling the ports of Ukraine undergo numerous and serious perils. And we do not certainly mean perils of natural character. In the present publication we will try to cover some legal and operational risks foreign shipowners have to challenge in Ukraine.
Recently, the court obliged an importer of puppies from Uzbekistan to pay over 100,000 NIS to the "Let Animals Live" (Tnu L'Chayot Lichyot) foundation, for various expenses that the foundation bore after the puppies were imported to Israel.
A decision was recently issued by the Central District Court ruling that under special circumstances, serving a brief of claim to a Palestinian importer via his customs agent will be acceptable service of papers.
Amendments on the ADR and RID Treaties Regarding Carriage of Dangerous Goods in Trucks and Trains - Israel
On the 1st of January 2011, amendments to the following existing amendments will enter into effect: 1. ADR - European Agreement concerning the International Carriage of Dangerous Goods by Road. 2. RID - Regulation concerning the Carriage of Dangerous Goods by Rail.
Shipping Fees without a Written Agreement - A Dispute between an Importer and a Shipping Company - Israel
An action for the sum of 21,000 NIS was filed to the Magistrate's Court of Haifa for a debt concerning failure to pay for continental shipping.
A decision was recently issued by the Magistrate's Court of Tel Aviv deciding on the financial arrangements between an importer and an international forwarder, on a number of subjects.
Is There a Limit to an Interest Rate? The (Ongoing) Debate between a Customs Agent and an Importer - Israel
A customs’ agent filed an action for around 230,000 NIS against the Markel Stav Corporation (importers) for an alleged debt for customs agency services, credit, and financing. The action was also filed against two guarantors for the importer's alleged debt.
Recently, a decision was given by the Magistrate's Court of Tel Aviv, in which the court rejected a customs agent's objections to pay container storage fees.
The company imported bathing suits sewn in Turkey, Romania and Bulgaria, knowing that the fabrics used for sewing the bathing suits were not of European manufacture, and therefore the finished product was not eligible, under the rules of origin, to be considered a product of European origin when imported to Israel.
Recently, a decision was given by the Magistrate's Court of Tel Aviv, in which the judge instructed Customs to return pistachios to their importer after being confiscated, due suspicions regarding their country of manufacture.
In the present action, the importer requested a refund from Customs of the 3.3 million NIS that were overpaid. The Customs accepted the importer's stance regarding the classification, and the action focused on the question of the need to prove failure to roll-over the tax.
There are different forms of a foreign company's presence in Russia, one of them is a branch (representative) office.