Author: Hendrik. Zwarensteyn Publisher: Springer Science & Business Media ISBN: 940174467X Category : Law Languages : en Pages : 183
Book Description
General While there is an abundance of literature dealing with the American antitrust laws, one can also observe that the application of this area of the law to foreign commerce is still in an evolutionary stage of development. To some extent this can be quantiflably explained by pointing out that the rapid rise of the interests of the American business community in foreign commerce is only a fairly recent 1 phenomenon. This participatory interest reveals a wide spectrum of commercial activities. While the traditional concept of foreign commerce was often limited to thinking in terms of exports and imports, present commercial activities include also such marketing methods as the establishment of foreign branches or subsidiaries, or 2 the location of manufacturing, processing, or assembly plants abroad. To this array of arrangements, most of which contemplate a widening of the market potential, we may add the current merger movement, the conglomerate charac ter of which has been termed its 'most unique characteristic,. 3 Little wonder that at least one author refers to the application of the 311titrust laws to foreign commerce as being still somewhat of a 'frontier area of the law'. 4 Because of the rapidly expanding participation of the American business community in interna tional commerce a gradual evolution of the international dimensions of the American antitrust laws seems therefore within the realm of justifIed expecta tions.
Author: Michail Vagias Publisher: Cambridge University Press ISBN: 1139916424 Category : Law Languages : en Pages : 379
Book Description
There are many variables of territoriality available to national courts under contemporary international law. Does the same apply to the International Criminal Court? And if so, what are the limits to the teleological expansion of the Court's territorial jurisdiction as regards, for example, partial commission of a crime in State not Party territory, crimes committed over the internet or crimes committed in occupied territories? Michael Vagias's analysis of the law and procedure surrounding the territorial jurisdiction of the Court examines issues such as the application of localisation theories of territoriality and the means of interpretation for article 12(2)(a); the principle of legality (nullum crimen sine lege) and human rights law for the interpretation of jurisdictional provisions; compétence de la compétence; crimes committed over the internet; and the procedure for jurisdictional objections.
Author: Judith Seddon Publisher: Law Business Research Ltd. ISBN: 1912377837 Category : Languages : en Pages : 987
Book Description
There's never been a greater likelihood a company and its key people will become embroiled in a cross-border investigation. But emerging unscarred is a challenge. Local laws and procedures on corporate offences differ extensively - and can be contradictory. To extricate oneself with minimal cost requires a nuanced ability to blend understanding of the local law with the wider dimension and, in particular, to understand where the different countries showing an interest will differ in approach, expectations or conclusions. Against this backdrop, GIR has published the second edition of The Practitioner's Guide to Global Investigation. The book is divided into two parts with chapters written exclusively by leading names in the field. Using US and UK practice and procedure, Part I tracks the development of a serious allegation (whether originating inside or outside a company) - looking at the key risks that arise and the challenges it poses, along with the opportunities for its resolution. It offers expert insight into fact-gathering (including document preservation and collection, witness interviews); structuring the investigation (the complexities of cross-border privilege issues); and strategising effectively to resolve cross-border probes and manage corporate reputation.Part II features detailed comparable surveys of the relevant law and practice in jurisdictions that build on many of the vital issues pinpointed in Part I.
Author: James B Townsend Publisher: Routledge ISBN: 0429727534 Category : Political Science Languages : en Pages : 231
Book Description
This book, the first unbiased investigation of the effects of extraterritorial antitrust on U.S. business abroad, examines the influence of the Sherman Antitrust Act on the market-entry strategy of U.S. multinational corporations and assesses the interaction of public interest and the law.
Author: Cedric Ryngaert Publisher: ISBN: 0199688516 Category : Law Languages : en Pages : 273
Book Description
This fully updated second edition of Jurisdiction in International Law examines the international law of jurisdiction, focusing on the areas of law where jurisdiction is most contentious: criminal, antitrust, securities, discovery, and international humanitarian and human rights law. Since F.A. Mann's work in the 1980s, no analytical overview has been attempted of this crucial topic in international law: prescribing the admissible geographical reach of a State's laws. This new edition includes new material on personal jurisdiction in the U.S., extraterritorial applications of human rights treaties, discussions on cyberspace, the Morrison case. Jurisdiction in International Law has been updated covering developments in sanction and tax laws, and includes further exploration on transnational tort litigation and universal civil jurisdiction. The need for such an overview has grown more pressing in recent years as the traditional framework of the law of jurisdiction, grounded in the principles of sovereignty and territoriality, has been undermined by piecemeal developments. Antitrust jurisdiction is heading in new directions, influenced by law and economics approaches; new EC rules are reshaping jurisdiction in securities law; the U.S. is arguably overreaching in the field of corporate governance law; and the universality principle has gained ground in European criminal law and U.S. tort law. Such developments have given rise to conflicts over competency that struggle to be resolved within traditional jurisdiction theory. This study proposes an innovative approach that departs from the classical solutions and advocates a general principle of international subsidiary jurisdiction. Under the new proposed rule, States would be entitled, and at times even obliged, to exercise subsidiary jurisdiction over internationally relevant situations in the interest of the international community if the State having primary jurisdiction fails to assume its responsibility.
Author: Karl M. Meessen Publisher: BRILL ISBN: 9004639772 Category : Law Languages : en Pages : 280
Book Description
This work contains the proceedings of a symposium held in Dresden addressing the topic of extraterritorial jurisdiction with respect to financial services, tax, arms control, environmental law, antitrust matters and mergers and acquisitions. It provides an overview of how differently jurisdictional issues are perceived and dealt with, especially in the USA and UK. Contributions are from experts in the field. The book differs from others in the field in that it provides a resolution on extraterritorial jurisdiction. Audience: Civil servants, practising lawyers and academics in the field of international public law and private international law.
Author: Hendrik. Zwarensteyn
Author: Michail Vagias
Author: Judith Seddon
Author: James B Townsend
Author: J. H. W. Verzijl
Author: Boaz Barack
Author: Cedric Ryngaert
Author: Cecil J. Olmstead
Author: Christian Eliaerts
Author: Karl M. Meessen