Autores Elise Groulx y Lew H. Diggs La globalización puede ser una fuente de violaciones a los derechos humanos y al medio ambiente que desencadenan la responsabilidad penal y civil de las empresas y sus ejecutivos. En zonas afectadas por el conflicto y con gobiernos débiles, en donde se cometen graves crímenes conforme al derecho internacional. Este artículo busca presentar lo que...

For the past year or two, foreign cloud providers -- particularly some based in the EU -- have been making claims and insinuations about the scope and use of the Patriot Act in an attempt to secure a marketing advantage over their US competitors. This effort has become so blatant as to provoke push-back from no less than European Commission Vice Commissioner Viviane Reding. This Emerging Issues Analysis discusses...

Concerning bribery, focus is on laws with international reach (the US Foreign Corrupt Practices Act, the UK's Bribery Act 2010), local laws are often overlooked. One is a Saudi Council of Ministers Resolution on the defense industry. One can run afoul of these restrictions on payment of commissions to third parties, while complying with the FCPA or Bribery Act. This article proposes methods to ensure compliance with...

by William H. Byrnes IV, Robert J. Munro, and Amy Marie Stevens The United Kingdom is is ranked as the 3rd largest economy in Europe and 7th worldwide. It ties New York in rank as the largest financial hub in the world. Despite extensive anti-money laundering legislation, the United Kingdom is still considered to be a "Jurisdiction of Primary Concern" in the area of money laundering. The following Emerging...

By Chrysthia Papacleovoulou Cyprus offers tax benefits, tax efficiency, and administrative ease for companies doing business in and with the country. These attributes make Cyprus an attractive and favorable jurisdiction for cross border transactions. This analysis highlights and clarifies a related and key issue that troubles practitioners and counsels: the issue of providing meaningful security in cross-border...

by Lawrence A. Kogan Excerpt: This article questions the extent to which U.S. continental shelf seabed mining policy, as reflected in the U.S. administration's recently issued five-year OCS development plan and accompanying agency regulations, is influenced by international environmental law, especially the deep seabed mining and environmental provisions (Parts XI-XII) of the United Nations Convention on...

by Lawrence A. Kogan The International Tribunal for the Law of the Sea ("ITLOS") in ARA Libertad found grounds to expand its compulsory subject matter jurisdiction to review international law concepts not expressly incorporated within the UN Convention on the Law of the Sea ("UNCLOS"), nor in other treaties conferring jurisdiction on ITLOS. The decision has overridden Respondent's sovereign...

by Alicia Sánchez On 1 August 2011, Spain amended its companies law (Ley de Sociedades de Capital) to accord with European Union law. EU Directives aim to strengthen shareholder's rights in listed companies and to ensure cross border participation rights among EU countries. By transposing the Directive into Spanish law through Act 25/2011, Spain recognizes the same rights for European shareholders in...

by Gabriela Anton Excerpt: The 2011 Romanian Civil Code (Civil Code) institutionalized two new mechanisms that may function as security instruments using transfer of title: the sale with an option to repurchase and the retention of title. Under the new Civil Code, these transfer of title techniques are subject to the general sale conventions and assimilated to security rights, which now brings certain noticeable...

by Esteban Ropolo Excerpt: For the last few years, Argentina's government has been serially violating its commitments to a rules based multilateral trading system under the World Trade Organization (WTO). The recently introduced non-automatic licensing regime applicable to all final imports (as opposed to temporary) into the country threatens importers with total extinction. The main objective of these...

by Michael V. Pergamenshik The introduction of narrower timeframes, online notification of potential creditors, electronic bidding, creditor substitution and a roughly sketched mechanism of cooperation in cross-border bankruptcy proceedings in Ukraine's new Bankruptcy Act is designed to be a big leap in bankruptcy management but does it ensure that the intended effects are practically met? Excerpt: Working...

by Arne Ots and Sander Kärson Excerpt: The concept of the first demand guarantee has been well accepted and recognized in Estonia. This contract security has been a widely used and irreplaceable tool to secure the immediate availability of funds needed due to the breach or other circumstances involving an underlying contract. Recent decisions by the Estonian Supreme Court on the enforceability of first...

Last Spring, Canada decided to follow the US and added an exception to its State Immunity Act, removing jurisdictional immunity for states that support terrorism. The government issued a list of foreign states that support terrorism. Iran and Syria were recently included in the Canadian list. Many U.S. victims of Iran-sponsored terrorism have flocked to Canada with U.S. court judgments in hand to have them enforced...

Le printemps dernier, le Canada a decide d'ajouter une nouvelle exception dans sa Loi sur l'Immunite des Etats en privant de l'immunite juridictionnelle les etats qui supportent le terrorisme. Le gouvernement etablit une liste d'etats etrangers qui ont supporte ou qui supportent le terrorisme. La liste peut etre revisee afin d'ajouter ou de soustraire des etats de la liste. Ici, Jean Robert examine...

by Richard A. Cevallos Excerpt: When El Salvador's new Codigo Procesal Civil y Mercantil (Civil and Commercial Procedure Code, or CCPC) went into effect on July 1, 2010, it dramatically changed the rules of the procedural game. These rules changed not only on paper, but in the way both practitioners and companies face the requirements of the new CCPC, Legislative Decree # 712 of September 18, 2008. Oral...

by Carlos de Sousa e Brito Excerpt: There is a major sea change ahead for the registration of vessels, as some European legislation is being prepared to convince ship owners to register their vessels in the European Union (EU). Germany, for example, is currently preparing a law to prevent ship owners from registering their ships outside of the EU. Per this proposed law, ship owners would have to register...

by Leonardo Rocha e Silva and Jose Alexandre Buaiz Neto Excerpt: On 29 May 2012, the new Brazilian Competition Act (Law No. 12529, enacted on 30 November 2011) (Act) became effective, replacing the former law enacted in 1994. The new Act will change the Brazilian competition system significantly and will have a direct impact on the merger control notifications. In general terms, doing business in Brazil will...

Opening its markets, Colombia has become an attractive alternative to foreign investors. Recent procedural regulatory changes that will affect national and cross border transactions. The country is busy promoting investment frameworks and revamping the efficiency of its procedural regulations. Four regulatory modifications have been implemented or will be shortly that affect the legal framework for both national...

by Hamud M. Balfas Excerpt: On 22 November 2011, Indonesian President Susilo Bambang Yudoyono finally signed the Financial Services Authority bill ( Otoritas Jasa Keuangan , or the OJK), enacting Law No. 21/2011 (Law 21). Law 21 was enacted to implement Law No. 23/1999 (as amended) (Law 23), regarding the central bank, Bank Indonesia. Law 23 granted the government a mandate to establish an agency for the supervision...

by Jeff Simser Money laundering has generally been defined as a process under which "dirty money" produced by criminal activity is turned into "clean money" and moved into the economy in places less likely to attract the attention of criminal authorities. The following EIA explores the crimes involved in money laundering, steps taken to effectuate the conversion of dirty money to clean money, and...

Excerpt: We often hear about how China's merger review "diverges" from other jurisdictions, most recently in reaction to conditional approvals of the Seagate/Samsung and Western Digital/Hitachi mergers. But China's MOFCOM is merely doing its homework. Similar to "fusion" cuisine, MOFCOM practices "fusion" merger control as it blends two aspects: its mandate under the Anti-Monopoly...

Unlike other jurisdictions where antitrust enforcement is centralized, in China three agencies enforce the Chinese Anti-Monopoly Law ("AML"). The AML has been in effect since August 2008 and continues to evolve as these three agencies adopt additional regulations. Merger enforcement will continue to be a major focus and source for consumption of time and resources for foreign companies. We may see more activity...

by Brittany Prelogar, Laura Ardito and Jeanne Cook Kiobel v. Royal Dutch Petroleum Co. is before the U.S. Supreme Court. At issue is whether corporations can be held liable under the Alien Tort Statute which permits aliens to file suit in U.S. federal courts for violations of customary international law for acts committed outside the U.S. At oral argument the focus was on the law's extraterritorial reach...

by Joseph Lookofsky In light of the decision by the Belgian Supreme Court in Scafom International v. Lorrain Tubes (2009), American contract law practitioners need to be aware of the relationship between an exemption from liability for non-performance under CISG Article 79 and the more fluid concept of financial "hardship" as recognized in Belgium and a number of other CISG Contracting States. The case...

MISE-A-JOUR (11-18-2013): Cette mise-a-jour n'affecte que la Province de Quebec. La conclusion que la prescription n'est interrompue que par le depot d'une demande en justice aupres d'une cour du Quebec etait basee sur une decision de la Cour superieure du Quebec de 1988. Or, la Cour d'appel du Quebec, dans une decision motivee dans l'affaire Sudoco S.p.A. c. Connexions commerciales internationales...