Global Determinants of the International Movement of Production Factors: Economic-legal and Institutional Context

Scientific research is devoted to current problems of the influence of globalization on changes in the international movement of production factors in the 21st century. Considerable attention is focused on the economic, legal and institutional aspects of the transformation of the international movement of capital and labor in modern conditions, taking into account the need to apply an integrated interdisciplinary approach to identify new phenomena and processes that occur in the global economic environment The state and trends of development in the organization of global production, investment and marketing in the context of destabilizing phenomena in the global economy, the strengthening of non-protectionist appeals in the world avant-garde countries to return production to the national territory and the exacerbation of social and economic problems caused by international migration are revealed. The authors are looking for answers to difficult questions about the opportunities for small open economies to be attracted to global value chains through the format of investment and contractual relations, to increase the level of localization of international and national production through import substitution, to optimize the taxation of entrepreneurial activities in a liberalized international capital transfer, transform the national regulatory policy as a mechanism that ensures the possibility of taking into account the imperatives of globalization and contributes to the protection of national economic interests, ensure the development of fair competition as a prerequisite for the country’s integration into world economic processes

Lectures on the Conflict of Laws and International Contracts

The lectures contained in this volume were delivered at Ann Arbor in the course of the sessions of the Summer Institute on International and Comparative Law under the auspices of the University of Michigan Law School, August 5 to 21, 1949. As a part of the institute program that has been inaugurated with the encouraging support not merely of the Faculty of the Law School but also of many interested members of the bar - a program designed to supplement the ordinary course of legal studies through the exploration of frontiers of the law in lectures and discussions delivered or led by distinguished scholars and outstanding practitioners, to which the students in attendance at the School and the members of the profession are freely invited to participate - the Institute held in conjunction with the Summer Session of 1949 was devoted to an area of wide and increasing importance, the current developments of the laws affecting international trade. Published under the auspices of the University of Michigan Law School (which, however, assumes no responsibility for the views expressed) with the aid of funds derived from gifts to the University of Michigan by William W. Cook.https://repository.law.umich.edu/summer_institute/1000/thumbnail.jp

The Transformation of the UN Convention on Contracts for the International Sale of Goods (CISG) into the UK Legal Order: Two Legislative Models

A number of common law countries such as Canada, New Zealand and the United States have already successfully implemented the CISG. Furthermore, leading civil law countries such as Germany and the Scandinavian countries have also implemented the UN Convention there is reason to believe that if applied by the UK, it will prove beneficial. From a political perspective, the United Kingdom reflects a negative image as being a reluctant participant in international trade law initiatives. UK law does not have a special body of rules applicable to international sales; it has a body of common rules which are not devised for international transactions. This thesis suggests that the CISG may be transformed in the UK legal order through two legislative models: 1. À la carte Model The CISG is an ‘à la carte’ Convention; provisions may be selected from the CISG in the same way we choose a meal from a restaurant’s menu. This is the à la carte model. In other words, the UK when creating the Act transforming the CISG in the UK legal order may amend the UN Convention 1980 in order to adjust it to the UK legal system. In that sense, the UK may declare at the time of ratification, according to Article 92 of the CISG, to either omit part II or III of the Convention. This model comprises of three sub-models and if implemented will be an ‘add on’ to the Sale of Goods Act 1979. 2. Parallel Model In legislative terms, the CISG could exist parallel to the Sales of Goods Act 1979, parties wishing to enter into an international transaction may conclude a contract either on CISG terms or under the Sales of Goods Act 1979. In this model a CISG Act will be required. This model will satisfy both the traders who wish to employ modern law especially designed for international contracts and those who are rather conservative and prefer to employ the old and familiar Sales of Goods Act 1979

Explanatory guide to the International Treaty on Plant Genetic Resources for Food and Agriculture

The entry into force of the International Treaty on Plant Genetic Resources for Food and Agriculture marks the commitment of the world community to a freestanding convention directed at addressing both global needs for food security and internationally agreed objectives regarding the concepts of ‘access and benefit-sharing’ found in the Convention on Biological Diversity. The sixth in a series of Guides to the implementation of particular international instruments and concepts, it seeks to promote greater understanding of the Treaty’s text, including some of the scientific, technical and legal issues upon which it is founded, and possible implications

System of Tax Law

This contribution deals with the system of tax law. The main aim of the contribution is to confirm or disprove the hypothesis that there is a system of tax law. This can be really tough as in Central and Eastern European countries just a few legal schools accepts tax law as an independent branch of law. If the hypothesis is confirmed, the task is to describe and characterise the system of tax law using the knowledge from the legal theory and other branches of law in the Czech Republic and experience of tax law experts from the other countries in the Central and Eastern European region. Author will use the scientific methods of analysis, synthesis, and comparison. "This is a targeted publication on the one topic (Financial Law). It has been requested for inclusion in WOS."Příspěvek se zabývá systémem daňového práva. Jeho hlavním cílem je potvrzení nebo vyvrácení hypotézy, že systém daňového práva existuje. To může být v podmínkách zemí střední a východní Evropy skutečně obtížné, neboť jen velmi málo právních škol akceptuje daňové právo jako samostatné odvětví práva. Pokud je základní hypotéza potvrzena, je nezbytné popsat a charakterizovat systém daňového práva za využití poznatků právní teorie a dalších právních odvětví v ČR a zkušeností expertů na daňové právo z jiných zemí střední a východní Evropy. Autor užívá zejména metod analýzy, syntézy a komparace. "Jedná se o zacílenou publikaci na jedno téma (finacial law). Bylo požádáno na zařazení do WOS."This contribution deals with the system of tax law. The main aim of the contribution is to confirm or disprove the hypothesis that there is a system of tax law. This can be really tough as in Central and Eastern European countries just a few legal schools accepts tax law as an independent branch of law. If the hypothesis is confirmed, the task is to describe and characterise the system of tax law using the knowledge from the legal theory and other branches of law in the Czech Republic and experience of tax law experts from the other countries in the Central and Eastern European region. Author will use the scientific methods of analysis, synthesis, and comparison

22nd Annual Conference on Legal Issues for Financial Institutions

Materials from the 22nd Annual Conference on Legal Issues for Financial Institutions held by UK/CLE in April of 2002

International Jurisdiction and Enforcement of Judgments in the Era of Global Networks: Irrelevance of, Goals for, and Comments on the Current Proposals

Last fall a Symposium at Chicago-Kent College of Law entitled Constructing International Intellectual Property Law: The Role of National Courts, held on October 18-19, 2001, brought together scholars interested in a group of problems related to the relationship between harmonized rules of international civil procedure and diverse nationally-based rules of intellectual property. Subsequently, extensive discussions between the authors developed this Article into its present form

The World Wide Web of Work

Global Labour History has rapidly gained ground as a field of study in the 21st century, attracting interest in the Global South and North alike. Scholars derive inspiration from the broad perspective and the effort to perceive connections between global trends over time in work and labour relations, incorporating slaves, indentured labourers and sharecroppers, housewives and domestic servants. Casting this sweeping analytical gaze, The World Wide Web of Work discusses the core concepts ‘capitalism’ and ‘workers’, and refines notions such as ‘coerced labour’, ‘household strategies’ and ‘labour markets’. It explores in new ways the connections between labourers in different parts of the world, arguing that both ‘globalisation’ and modern labour management originated in agriculture in the Global South and were only later introduced in Northern industrial settings. It reveals that 19th-century chattel slavery was frequently replaced by other forms of coerced labour, and it reconstructs the laborious 20th-century attempts of the International Labour Organisation to regulate labour standards supra-nationally. The book also pays attention to the relational inequality through which workers in wealthy countries benefit from the exploitation of those in poor countries. The final part addresses workers’ resistance and acquiescence: why collective actions often have unanticipated consequences; why and how workers sometimes organise massive flights from exploitation and oppression; and why ‘proletarian revolutions’ took place in pre-industrial or industrialising countries and never in fully developed capitalist societies

International Jurisdiction and Enforcement of Judgments in the Era of Global Networks: Irrelevance of, Goals for, and Comments on the Current Proposals

The Hague Convention attempts to harmonize bases of jurisdiction and make enforcement of foreign judgments routine. At the same time, the diversity in substantive national laws in intellectual property and other areas permits nations to experiment with new and different approaches. A good international legal system will improve transnational litigation without running roughshod over national socio-cultural values, as embodied especially in intellectual property law. This Article ponders disparate factors that could diminish the importance of the whole effort, considers some values that should guide the effort if it is to go forward, and then reviews how selected provisions of the draft Hague Convention and the Dreyfuss-Ginsberg proposal meet these challenges