Business Law
Roohollah Mansouri
Abstract
Central banks, traditionally focused on sovereign financial functions, now also engage in commercial activities reflecting international banking and investment ventures. This evolution raises crucial questions about their classification under international law, particularly regarding investment treaties, ...
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Central banks, traditionally focused on sovereign financial functions, now also engage in commercial activities reflecting international banking and investment ventures. This evolution raises crucial questions about their classification under international law, particularly regarding investment treaties, which only protect public entities engaged in commercial activities. Distinguishing sovereign from commercial roles typically involves purpose and nature tests, with the latter increasingly influential in jurisprudence. A salient example of this discourse is seen in the case concerning Certain Iranian Assets before the ICJ. In 2019, the Court acknowledged that Iran's Central Bank might qualify for treaty protections if its U.S.-based operations were commercial in nature. However, while the present research suggests those operations have a commercial character, the ICJ, in a divergent 2023 decision, declined to classify the bank as eligible for treaty protections. This shift underscores the need for a consistent application of international law and further examination of its evolving discourse.
Business Law
Adaelizabeth Omaira Guerrero Rodriguez
Abstract
Port Law requires a specialized study due to the different actors, regimes and contractual terms involved in the maritime business related to the dynamics of the vessel, its cargo and the modalities of exploitation of a vessel, which necessarily require rigorous distinction and must be individualized ...
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Port Law requires a specialized study due to the different actors, regimes and contractual terms involved in the maritime business related to the dynamics of the vessel, its cargo and the modalities of exploitation of a vessel, which necessarily require rigorous distinction and must be individualized considering the safety of the dock for embarking, disembarking and environmental challenges, among others. The study of port law is concerned with its institutions that are not found in other disciplines, so it should not be seen only from the perspective of the public-administrative sphere because the associated activities imply an integral knowledge of international trade. The essence of port law is interdisciplinary, considering that it brings together elements that cover the public state service and its control of the development of private commercial activities involving navigation, cargo and freight.
Business Law
Rizowan Ahmed
Abstract
African Continental Free Trade Area (AfCFTA) is a free trade agreement among the states of Africa. The primary goal of this agreement is to make a single market for goods and services by removing trade barriers across Africa. AfCFTA has a dispute settlement body, trades in goods and services, intellectual ...
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African Continental Free Trade Area (AfCFTA) is a free trade agreement among the states of Africa. The primary goal of this agreement is to make a single market for goods and services by removing trade barriers across Africa. AfCFTA has a dispute settlement body, trades in goods and services, intellectual property, investment policy, competition policy and digital trade in its different phases. These things are promising but have some legal barriers that can make the objectives fail. This paper aims to discover those legal barriers that can make a difference in this continental trade. Also, this paper will try to show the relation of African reality with the texts outlined in the agreement. In addition to these aspects, the paper aims to give solutions from the legal perspective of these problems and suggestions to improve regarding upcoming texts related to this agreement.
Business Law
Alemayehu Yismaw Demamu
Abstract
State-owned enterprises take on various legal statuses across jurisdictions, and sometimes, even within the same jurisdiction. Also, state-owned enterprises pursue multiple commercial and public service objectives. In Ethiopia, relevant laws define the status and objectives of state-owned enterprises. ...
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State-owned enterprises take on various legal statuses across jurisdictions, and sometimes, even within the same jurisdiction. Also, state-owned enterprises pursue multiple commercial and public service objectives. In Ethiopia, relevant laws define the status and objectives of state-owned enterprises. These laws have been however criticized for inadequately regulating the legal status and objectives of state-owned enterprises. This article appraises these laws in light of the OECD Guidelines on Corporate Governance of State-owned Enterprises, the World Bank toolkit on Corporate Governance of State-owned Enterprises, and national best practices. Thus, it finds that the existing laws on the status and objectives of state-owned enterprises do not cope with global practices. They establish multiple forms of statuses and mandate state-owned enterprises with expansive and potentially competing objectives. This situation causes state-owned enterprises to face multifaceted problems. The laws need improvement to incorporate the best rules of status and objectives of state-owned enterprises.
Business Law
Vugar Rustamli
Abstract
Nowadays it is difficult to imagine the resolution of disputes in international and domestic commercial relations without the arbitration and mediation processes. In today’s globalized world, where the countries are integrated and commercial relations are intertwined, alternative dispute resolution, ...
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Nowadays it is difficult to imagine the resolution of disputes in international and domestic commercial relations without the arbitration and mediation processes. In today’s globalized world, where the countries are integrated and commercial relations are intertwined, alternative dispute resolution, along with the litigation, play an important role in the resolution of commercial disputes. Especially, if the parties are in different jurisdictions, alternative dispute resolution becomes more important for them. And integration into the modern world is one of the main factors for the all-round development of every country. For this reason, after the collapse of the USSR, countries which gained independence also started integrating into international law, international economic processes and associations. As a post-Soviet state, Republic of Azerbaijan also adopted many conventions and became a member of different international organizations. Azerbaijan’s integration process also made the establishment of new dispute resolution mechanisms a necessity for the country.
Business Law
Łukasz Żarnowiec
Abstract
Despite the over 30-year period of validity, rich jurisprudence and numerous studies devoted to it, the application of the provisions of the 1980 United Nations Convention on Contracts for International Sale of Goods still causes numerous problems for courts and participants in international trade. Especially ...
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Despite the over 30-year period of validity, rich jurisprudence and numerous studies devoted to it, the application of the provisions of the 1980 United Nations Convention on Contracts for International Sale of Goods still causes numerous problems for courts and participants in international trade. Especially controversial are issues relating to the scope of the Vienna Uniform Sales Law, including in particular: the question of its application to the sale of digital content, the assessment of the validity of the contract in regard to the content, the interpretation of contractual provisions which do not directly constitute the matter of a sale, or the identification of the parties to the contract. The Judgment of the Dutch Court, Rechtbank Midden-Nederland of March 25, 2015, issued in a dispute between a Canadian computer software vendor and its Dutch users, provides an opportunity to take a closer look at these issues. The main issues this study tries to address are the application of the Vienna Convention to the provision of digital content made available via the Internet, as well as the interpretation of contractual provisions not directly constituting the matter of a sale but related to it. Another examined issue is the law applicable to the identification of the parties and to the validity of the contract with regard to its content. The research is based on the interpretation and critical analysis of the available literature and jurisprudence, with particular emphasis on the Judgment passed by Rechtbank Midden-Nederland on March 25, 2015.
Business Law
Agata Zwolankiewicz
Abstract
The Covid-19 pandemic might have a negative effect on Foreign Direct Investment (FDI) worldwide. Namely, the pandemic may have a long-lasting impact on policymaking trends in the context of international investment law and international trade. It may accelerate the interventionism, protectionism, and ...
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The Covid-19 pandemic might have a negative effect on Foreign Direct Investment (FDI) worldwide. Namely, the pandemic may have a long-lasting impact on policymaking trends in the context of international investment law and international trade. It may accelerate the interventionism, protectionism, and reverse globalization trends already present in the changing landscape of international law. In this paper, the author will further examine the consequences of restricting and tightening foreign investment regimes worldwide. First, the author will analyze whether the Covid-19 pandemic and growing anti-globalization have decreased FDI and whether such decline is likely to continue in the future. Secondly, the author will examine whether implemented policies put the States at risk of facing ISDS claims. History teaches us that times of crisis attract an increased number of investment claims, e.g. Argentina faced about 50-known ISDS cases due to measures undertaken to combat the crisis.
Business Law
Manuchehr Tavassoli Naini
Abstract
Pour les parties privées, l’arbitrage est devenu la meilleure solution pour éviter le risque de l’immunité des Etats et éventuellement le déni de justice. Le résultat de ce recherche justifie que si dans le domaine de l’immunité de juridiction, ...
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Pour les parties privées, l’arbitrage est devenu la meilleure solution pour éviter le risque de l’immunité des Etats et éventuellement le déni de justice. Le résultat de ce recherche justifie que si dans le domaine de l’immunité de juridiction, on peut présumer qu’en adhérant à une convention d’arbitrage, l’Etat étranger a accepté la compétence de l’arbitre et reconnu par là implicitement à ne pas invoquer devant lui le bénéfice de l’immunité, ce n’est pas le cas de l’immunité d'exécution. Selon Convention des Nation Unies sur l’immunité des Etats il ne peut être procédé antérieurement au jugement à aucune mesure de contrainte contre les biens d’un État en relation avec une procédure devant un tribunal d’un autre État, excepté si et dans la mesure où l’État a expressément consenti à l’application de telles mesures dans les termes indiqués par une convention d’arbitrage ou un contrat écrit
