Bibliography: leaves 324-333. / The purpose of this dissertation is to analyse the definitional rules of fiscal jurisdiction as well as the tax consequences resulting from the application of these rules, as implemented in the national tax law of the chosen jurisdictions. In essence, there are two main rules, which give content to the chosen theory of fiscal jurisdiction, mainly source and residence. It is trite that globalisation of the world's economies poses certain problems for international tax policy. Companies and individuals are becoming more mobile and therefore are able to exploit tax differences between states. In consideration of the natural concern of governments that they should get an acceptable share of the profits generated by international businesses, this research study analyses the bases through which a country could claim the right to tax. The plasticity of these two key concepts (source and residence) may well subvert a country's ultimate tax objective because of the potential for exploitation of ambiguity in the search for effective avoidance. The residence tax system and its implications have been analysed mainly from the South African perspective, and where necessary, the analysis has sought reference in other jurisdictions such as the United Kingdom and the United States. The source principle of taxation and its effects have also been studied from the South African context, with a comparative approach from Hong Kong. It has been found that the countries considered in this research have, in various ways, adopted different combinations of subjective factors for tax liability in their domestic tax laws. At the same time, the relentless search of additional tax revenue, has led countries to implement in their tax laws, stringent anti-avoidance measures designed to prevent the deferral of tax, for instance on foreign source income. Factors such as the increasing complexity of modem business and the greater sophistication of tax planning techniques have contributed to this state of affairs. Thus, this dissertation highlights that competition between governments, in the face of international economic integrity, may lead countries to adopt tax rules, which though they follow the usual international standards, are nevertheless very complex in application and administration. This can maintain the problem of international double taxation and lead to excessive or unpredictable compliance burdens. It is shown how countries in the exercise of their fiscal jurisdiction can move towards harmonisation of rules and common interpretation of the tax base in the application of their national tax legislation.

The purpose of the minor dissertation is to explore the effectiveness of the rights that are provided to affected persons of a company that is under business rescue, and how these rights can be used by the affected persons to ensure that the company is rescue in terms of section 128 (1)(b)(iii) of the Companies Act No.71 of 2008 ("the Companies Act"). Affected persons derive their rights to be involved in the business rescue proceedings from the Companies Act. However, some of the rights provided to the affected persons afford them with protection, arguably, to such an extent that it can be detrimental to the financial status of a company in business rescue As a result, some affected persons end up suffering irreparable financial loss because of the language of the provisions in the Act. In other instances, the Act gives too much protection to affected persons, such as the employees of the company to the detriment of the company. The minor dissertation explores the manner in which an equilibrium can be reached between the protection afforded by the rights given to the affected persons for their benefit in the company while simultaneously using those rights to ensure that the objectives of business rescue are upheld at all times. Research problem: The minor dissertation examines the importance of the rights that are provided to affected persons in business rescue and how these rights can be used by the affected persons to ensure that both the debtor-company and the relevant stakeholders are able to survive the proceedings. It appears from the provisions of Chapter 6 of the Companies Act that although there are three categories of people that are mentioned under the definition of affected persons, there are in fact more people who are negatively affected by the conduct of the company under business rescue. The additional person that is negatively affected in this regard is the surety who has stood to make repayment of the debts of the company should it fail to do so when called up by the creditors. The question of the minor research then turns on whether the current definition of 'affected persons' as mentioned in section 128 of the Companies Act should be expanded to include sureties, and whether the rights of the current affected persons should be amended Must the term 'affected persons' be amended so as to ensure that the persons who are financially linked to the company are included in the business rescue proceedings? This question will be answered by examining the role that current affected persons play in a company that is under business rescue proceedings. The minor dissertation will further examine the extent to which the rights of the affected persons assist or hinder the progress of a company undergoing business rescue proceedings. The need to examine the effectiveness of the rights of the affected person arises as a result of the judicial interpretation of section 154, wherein courts held different views regarding the position of persons who have stood as sureties for the companies that have subsequently been placed under business rescue. The idea to criticise the statutory definition of affected persons came as a result of the conflicting judgments regarding the interpretation of section 154 of the Act which is the provision that has been interpreted by the Supreme Court of Appeal to exclude the sureties from receiving a benefit of the discharge of claims of creditors as concluded between the debtor-company and its creditors. The rights that are provided for the affected persons are critical in ensuring that the business rescue process is managed successfully and that the interests of the relevant stakeholders are considered fully. And the provisions relating to these affected persons should be interpreted in accordance with the rules of interpretation so as to avoid giving legislation meaningless interpretation. Research aim: The aim of the research project is to attempt to criticise and analyse the approaches that has been adopted by the courts in interpreting the rights of the affected persons and their relationship with the company under business rescue proceedings. The research will also provide some suitable alternatives that can be adopted into chapter 6 of the Act so as to curb the harshness currently set by the precedent of our courts when it comes to the company and its relationship with the affected persons. It is argued that the current interpretation of section 154 fails to acknowledge that where the debtor and the creditor agree to discharge a part of the claim of the creditor, the effect of that discharge is that it changes the initial agreement between the creditor and debtor, and the suretyship which is ancillary to that debt should also be reduced in accordance thereof. The interpretation of section 154 has relied upon the wording of the section wherein it provides for the discharge to be conducted in accordance with a business rescue plan has been approved by the relevant stakeholders.

Company law notions of control are not always harmonious with those of competition law, and thus the former may need to create its own jurisprudence informed by an appreciation of the purpose of merger notification under the Competition Act 89 of 1998. My research in this study will examine the definitions of control under the Competition Act (the "Act"),in terms of section 12(1) and section 12(2) comparatively to that of a company law notion of control as set out by the Companies Act, in terms of section 2, section 3, and section 123. In addition to sections 13A(3), 14A(1), 16(2) and 17, setting out merger notification and implementation, compulsory notification necessitated by large concentrations that require commission approval, as well as transactions that require tribunal approval after referral from the commission, and lastly the Competition Appeal Court merger proceedings in order to set aside a Tribunal decision to set conditions on a merger or to prohibit it. A further subtopic for examination in this study being, when parties to a merger have failed to notify the authorities, how should the administrative penalty be calculated, as well as considering the potential for criminal sanctions for failure to notify.

This paper aims to determine whether South Africa's section 9I headquarter company regime is fit for the purpose of incentivising multi-national enterprises to locate strategically beneficial activities in South Africa. Part I investigates the tax policy appropriateness of s9I in the context of a developing, but regionally dominant South Africa. It finds that the passive intermediary holding company activities in fact incentivised by s9I are not directly beneficial to South Africa. While the active functions associated with true headquarter companies would produce the positive externalities needed by South Africa. Given the regional competition in this arena and strategic advantages in South Africa Part I advocates the incentivisation of regional headquarter companies, specifically regional treasury companies, as the most appropriate policy choice. Part II interprets the provisions of s9I regime to determine their effect on its commercial attractiveness. The analysis covers both the interpretation of the relevant provisions under South African tax law and the place of s9I in the broader legal atmosphere. It is determined that due to an overemphasis on restricting the activities of prospective s9I companies and preventing the erosion of the tax base, the provisions of the regime themselves undermine its commercial attractiveness. The ultimate conclusion reached here is that although South Africa is indeed poised to be the natural gateway into Africa, the s9I regime is both inappropriately designed and unattractive to prospective multi-nationals looking to enter the region. Therefore, if the regime adopts the 'effective, reliable tax relief for strategic local substance' model of incentivisation South Africa can still reap the benefits of direct investment by MNEs.

In calculating the taxable income of a taxpayer, items of income and expenditure are classified as being either capital or revenue in nature, and are treated differently according to such classification. Over the years, a debate has emerged regarding the classification of items of income that are either part of the ground or accede to it, but which are treated by the taxpayer as trading stock. The debate extends to the classification of items of expenditure laid out in the production of income and for the purposes of trade, but which relate to land or things adhered to land. Items forming the subject matter of the discussion include sand, stone, coal, trees and other plants to be used not for the sale or use of their fruit, but for sale or use themselves

This thesis considers how South Africa and Nigeria can apply copyright and competition laws to regulate the open and freemium music business model that involves the use of copyright-protected music content to generate revenue from advertising. To enhance their competitiveness and escape copyright infringement liability, the firms that deploy the business model impose contractual terms to explain their use of protected content and direct the actions of platform users. Using case law from the Court of Justice of the European Union (CJEU), the thesis argues that although these terms result in free and wider distribution of copyright content, some aspects of their implementation may be unaligned with the regulatory framework. The thesis finds that these misalignments exist because the non-payment of royalties to copyright owners and their exclusion from revenue-sharing arrangements may adversely affect their viability of copyright owners as small and medium-size enterprises (SMEs) while their inclusion necessitates the imposition of restrictions that may prevent innovative uses of copyright products. Further, the thesis finds that the misalignments are caused by legal uncertainties regarding the exclusive rights of the copyright holders and the scope of their limitations and exceptions, as well as unavailability of competition law enforcement criteria that protect the economic freedom of SMEs including copyright owners. Because of the copyright covering the music content and its use in the economic activity of advertising, which is regulated by competition law, the thesis argues for aligning the business model with the regulatory frameworks. Further, the thesis argues that by ratifying international copyright treaties in ways that provide exclusive rights limited by compulsory licensing, and by amending and enforcing competition law to recognise unconscionable conduct as xiv anticompetitive, copyright and competition laws may be used to regulate the open and freemium music business model. By adopting a South African and Nigerian perspective and proposing competition law solutions, this study aims at filling a gap in the academic literature, which does not appear so far to have attempted a pro-Africa assessment of the business model and/or considered the complementary role of competition law in copyright-related industries in specific jurisdictions.

Includes bibliographical references.

Includes bibliographical references. / The main aspect of the paper is the investigation of the enforcement of law of foreign (and domestic) judgments as well as arbitral awards in People´s Republic of China (PRC). The focus lies on international civil litigation and arbitration. For this purpose it is essential to elaborate on the judicial structures and its impact on the enforcement of laws in the PRC. The court system as well as its size and performance, the prosecution system, the lawyer system, the jurisdiction and the arbitration system will be briefly discussed. Thereafter, the study focuses on the recognition and enforcement of civil judgements and arbitral awards in the PRC. The organization of the enforcement and its procedure, laws and regulations in general will be addressed before the enforcement of civil judgements and arbitral awards will be investigated in detail. The investigation of the enforcement of judgments in the people’s courts of China is separated in the enforcement of domestic judgments and foreign judgments. While examining the recognition and enforcement of arbitral awards it is important to consider the different categories of awards. In the following the challenges and obstacles facing the Chinese judicial system will be determined. The legal education, the lack of professionalism, local protectionism and the lack of judicial independence are just some of them. The progress China has made in the last decades will also be mentioned. Especially the judicial reforms from 1999 to 2014 and the efforts made to improve the enforcement of law. In addition the practical side will be determined, therefore, important or recent cases will be considered. The goal of the paper is to give an overview of the current social and economic environment of law enforcement and the measures which should be taken to improve the law enforcement in the PRC. Due to the lack of official statistics in regard of law enforcement in the PRC, the study is based on collected information from different sources.

Includes bibliographical references. / With liberalization opening markets, the world is fast growing towards one global village. The downside of this trend is that cross-border practices have also been developed and unregulated sectors are causing damages, especially to the less developed victims that have yet to establish stronger domestic, economic and legal regimes¹

During the elections for the European Parliament in June 2009, an unknown party in Sweden turned out to be very successful. The Pirate Party, campaigning for patents to be scrapped and copyright to last just five years instead of 70, received 7% of the votes in the Scandinavian country, giving the party the right to a seat in the Parliament in Brussels. These modern day pirates are most successful in Sweden, but similar parties exist in the United States and a number of European countries as well. In modern society, copyrights, patents, and other forms of intellectual property play a bigger role in normal life than they did one or two decades ago. This development makes people more aware of all the effects of intellectual property theory and policy cause. It also brings up the discussion concerning whether the original goals of the policies are still being pursued properly. Is the chosen path in IP law still a valid one in this digital age or is it time to rethink the structure?