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Books > Law > International law > Public international law > International law of transport & communications > General
This journal's objective is to provide a platform for the exchange
of knowledge, experience, ideas, information and data on all
aspects of economic and social development issues and concerns
facing the region and aims to stimulate policy debate and assist in
the formulation of policy. The development experience in the Asian
and the Pacific region has stood out as an extraordinary example of
what can be achieved when policymakers, experts, scholars and
people at large harness their creativity, knowledge and foresight.
The Journal provides a scholarly means for bringing together
research work by eminent social scientists and development
practitioners from the region and beyond for use by a variety of
stakeholders. It aims to stimulate policy debate and assist in the
formulation of policy in the region.
Many companies that have become household names have avoided
billions in taxes by 'parking' their valuable intellectual property
(IP) assets in holding companies located in tax-favored
jurisdictions. In the United States, for example, many domestic
companies have moved their IP to tax-favored states such as
Delaware or Nevada, while multinational companies have done the
same by setting up foreign subsidiaries in Ireland, Singapore,
Switzerland, and the Netherlands. In this illuminating work, tax
scholar Jeffrey A. Maine teams up with IP expert Xuan-Thao Nguyen
to explain how the use of these IP holding companies has become
economically unjustified and socially unacceptable, and how
numerous calls for change have been made. This book should be read
by anyone interested in how corporations - including Gore-Tex,
Victoria's Secret, Sherwin-Williams, Toys-R-Us, Apple, Microsoft,
and Uber - have avoided tax liability with IP holding companies and
how different constituencies are working to stop them.
Gas transit is network-dependent and it cannot be established
without the existence of pipeline infrastructure in the territory
of a transit state or the ability to access this infrastructure.
Nevertheless, at an inter-regional level, there are no sufficient
pipeline networks allowing gas to travel freely from a supplier to
the most lucrative markets. The existing networks are often
operated by either private or state-controlled vertically
integrated monopolies who are often reluctant to release unused
pipeline capacity to their potential competitors. These obstacles
to gas transit can diminish the gains from trade for states endowed
with natural gas resources, including developing landlocked
countries, as well as undermine WTO Members' energy security and
their attempts at sustainable development. This book explains how
the WTO could play a more prominent role in the international
regulation of gas transit and promote the development of an
international gas market.
China, the most populous country in the world, has developed an
e-commerce system that is in many ways distinct from the system
established in Europe and North America. Understanding the
difference is essential for the smooth development of this new
channel of distribution, namely e-commerce. Chinese e-commerce
platforms are very good examples on how to exploit development in
technology, not only to create value for the operators but also
contribute to structural changes in the Chinese economy, boosting
internal consumption. The success of Alibaba is unique because of
the characteristic of the Chinese market and consumers. Their
imminent IPO, at or exceeding the offer value of Facebook, will
attract more attention to e-commerce in China as a new method to
establish a presence in this market. Chinese companies, e-commerce
or not, are eager to expand their presence abroad, and they will
adopt a more aggressive approach to participate more in the EU
through acquisitions.
The interrelation of products, the human body, and the environment
presents a fundamental challenge to the international trade
regulatory system. In an ever more integrated global market,
biotechnology, nanotechnology, and other increasingly prevalent
methods of processing food and pharmaceuticals give rise not only
to trade issues, but also to health, safety, and security concerns.
Product-related cross-border issues such as the spread of disease,
the use of riskrelevant substances or components, and
safety-related construction issues are increasingly on the agenda
for governments and international organizations. A promising
response to this challenge - presented in this book - is offered by
a harmonization of the multiplicity of rules, standards,
guidelines, and recommendations that characterizes the current
system of international trade regulation.
There are many challenges in doing business in the People's
Republic, particularly in the areas of trade and customs, but they
are not insurmountable problems given the practical guidance
reflected in Quick Reference to the Trade and Customs Law of China.
Quick Reference to the Trade and Customs Law of China is the
perfect resource for busy professionals seeking to manage
PRC-related import-export risk, reduce costs and increase
efficiency. This highly accessible reference distills the
problem-solving process by anticipating the relevant challenges and
providing reliable help.
The Bureau of Industry and Security (BIS) is a part of the U.S.
Department of Commerce. The Export Enforcement arm of BIS protects
U.S. national security, foreign policy, and economic interests by
educating parties to export transactions on how to improve export
compliance practices, interdicting illegal exports, investigating
violations, and prosecuting violators of export control laws. At
the same time, Export Enforcement works to avoid impeding
legitimate trade. Export Enforcement has federal law enforcement
authority and its special agents work with BIS licensing officials
and policy staff to deter the export of items which, in the hands
of unreliable users, can prove damaging to U.S. national security
and foreign policy interests. This book provides an overview of the
regulations of the BIS on export control. Based on the GAO's
extensive body of work on the export control system, this book also
focuses on export licensing inefficiencies, poor interagency
co-ordination and limits in State's and Commerce's ability to
provide a sound basis for changes to the system. A number of
recommendations to address these problems are included as well.
This book consists of public documents which have been located,
gathered, combined, reformatted, and enhanced with a subject index,
selectively edited and bound to provide easy access.
The impact of United States jurisprudence on air carrier liability
involving international air transportation has been so great over
many decades that it is not unreasonable to conceive of that body
of jurisprudence as the principal source for the interpretation and
application of the uniform rules relating to air carrier liability
in the international transportation by air of passengers, baggage
and cargo, as envisioned by the original drafters of the Warsaw
Convention of 1929. Hence, an in-depth analysis of this body of
jurisprudence, such as is presented in this indispensable book,
constitutes, for all practical purposes, the preeminent treatise on
international air transportation liability - all the more so, in
that the drafters of the 1999 Montreal Convention (MC99) were
determined not to erode in any way this established body of Warsaw
Convention jurisprudence when interpreting and applying the 1999
successor instrument, MC99. George Tompkins, a leading authority
with world wide recognition on the interpretation and application
of international private air law agreements, - and himself among
the drafters of MC99 - here lays out the rich fruit of his vast
personal experience in handling cases and controversies in the
Courts of the United States involving the application of the
liability rules of the Warsaw Convention and now MC99. The
resulting publication is an essential legal guide for determining
and resolving claims governed by one or more of the international
law instruments that comprise the Warsaw Liability System, which
consists of the 1929 Warsaw Convention, the 1955 Hague Protocol,
the 1961 Guadalajara Convention, the 1975 Montreal Protocol No. 4
and various intercarrier agreements (applicable only to claims
involving passenger death or bodily injury governed by the Warsaw
Convention) all now superseded and governed by MC99. Among the
multitude of topics covered in depth, users of this book will find
the following: ‒ When the liability rules of MC99 or one of the
predecessor Warsaw Liability System instruments is applicable to a
claim; ‒ What triggers liability under the applicable instrument; ‒
Who can make a claim against the air carrier; ‒ Who can file a
legal action for damages; ‒ Where the action must be
brought--Jurisdiction; ‒ When the action must be
brought-Limitations period; ‒ What law applies in determining the
recoverable damages; ‒ Limitations on recoverable damages; ‒ The
accepted definitions of key terms in the Convention Rules, such as
carrierA", accidentA", bodily injuryA", operations of embarking
disembarkingA", destinationA"; ‒ The treatment of mental injury
claims; ‒ Liability for delay; ‒ Defenses available to the carrier;
‒ Willful misconduct of the carrier. The author explains the
required particulars for establishing the liability of the air
carrier in detail under a wide variety of circumstances, and
clearly defines all terms - especially such contentious terms as
'willful misconduct,' 'accident', 'bodily injury', 'embarking',
'disembarking' 'destination' - as their applicability varies under
successive conventions and protocols as interpreted and applied in
years of court decisions. As a thorough summary and critique of the
interpretation and application of the 70-year body of Warsaw
Convention jurisprudence, this unmatched publication provides a
convenient one-volume basis for the development of a body of MC99
jurisprudence. It also is an incomparable practical guide for the
use and benefit of everyone involved in the practice or study of
international private air law, including lawyers, airline in-house
counsel, international aviation organizations, aviation liability
insurers and re-insurers, aviation insurance brokers,
aviation-related departments of national governments, judges, law
clerks, students and teachers.
The distribution of profits between corporations resident in
different jurisdictions gives rise to significant tax planning
opportunities for multinational enterprises. As cross-border
transactions between corporations grow in number and complexity,
the question of how a profit distribution is classified for
corporate income tax purposes becomes increasingly important,
particularly in the context of issues such as double taxation,
non-taxation and tax neutrality. This unique and practical work
covers the rules determining which transactions may be classified
and therefore taxed as dividend income and how classification
conflicts may be resolved. The author examines the classification
of various inter-corporate transactions, including: * Payments made
under dividend-stripping arrangements. * Fictitious profit
distributions. * Economic benefits in the context of transfer
pricing. * Returns on debt-equity hybrids. * Interest payments in
thin capitalization situations and distributions following
liquidation. The analysis of each transaction refers to
international tax law. Most weight is given to tax treaties and EU
tax law. The approaches adopted in different states' national tax
law are covered by a more general analysis. The comprehensive
coverage and practical nature of The International Tax Law Concept
of Dividend make it an essential acquisition for tax practitioners,
researchers and tax libraries worldwide.
Due to the fact that no attempt to create uniform law for
multimodal carriage has as yet met with success, transport law has
no adequate means to create certainty as to the legal consequences
of any loss, damage or delay of cargo resulting from multimodal
carriage contracts. A fragmented, complex and inconsistent
liability patchwork - which involves regional, subregional and
national laws usually focused on unimodal transport, supplemented
by contractual standard rules created by the industry - serves as
an international liability framework. The consequence of this state
of affairs is that the applicable liability rules vary greatly from
case to case and give rise to uncertainty concerning the extent of
a multimodal carrier's liability in a given situation. Indeed,
according to a 2003 UNCTAD survey, most parties involved in the
transport industry do not consider the existing legal framework for
multimodal transportation to be satisfactory or even
cost-effective. Now, progressing through an in-depth analysis of
the exact nature of the international multimodal carriage contract,
this important study assesses how the most advantageous law
applicable to a multimodal contract may be uncovered. Using the
ideas, legislation and case law on multimodal carriage in the legal
systems of Germany, The Netherlands and England to anchor her
presentation, the author offers a thorough investigation of the
existing framework of carriage law, the applicable rules of private
international law, and the options provided by choice of law based
on contractual conditions. In the course of the analysis all
essential issues are scrutinized, including the following: ‒
whether the modes of transport to be used may be left open by the
contract; ‒ time bars on protest and litigation and when they
commence; ‒ carriage documentation; ‒ liability of the carrier for
subcontractors; ‒ planning for 'friction costs'; ‒ rules on
jurisdiction and the resulting forum shopping practice; ‒ instances
where conventions overlap, or when no existing carriage regime
applies; ‒ damage or loss that occurs at the point where one
unimodal regime ends and another begins; ‒ damage or loss brought
about by multiple causes; and ‒ rights and obligations attached to
delivery. No comparable treatise exists on which rules may govern
international multimodal contracts for the carriage of goods and
under what conditions they will do so, and this book is thus an
indispensable asset to the work of any practitioner or official
connected with international transport. In addition, the author
presents a detailed review of the various drafts and propositions
that have been on offer in recent years, and submits a
well-thought-out proposal for a set of multimodal transport rules
to alleviate the difficulties that currently plague this area of
carriage law.
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