Global ETD Search

1	Assignments abroad : Determining when they constitute a permanent establishment for a foreign enterprise in the host country Hietala, Sanna January 2014 (has links) No description available. Permanent Establishment PE secondments assignments abroad article 5 of the OECD MTC
2	Cross-border Insolvency: A Comparative Study of Chinese and the U.S. legislations Gao, Ran 20 November 2012 (has links) This thesis offers a comparative study of Chinese and the U.S. legislations on the issue of cross-border insolvency. China has included one article concerning this issue in its Enterprise Bankruptcy Law promulgated in 2006. Four years after that, when facing a real case, it is found that the legislation is too preliminary to be used. In the meantime, great efforts have been made among many western countries in order to promote international cooperation on this issue. The United States is one of the most active countries. This thesis analyzes the Chinese version of cross-border insolvency legislation, factor by factor. It also does case study of mostly U.S. cases and some other countries’ cases and tries to find out how the courts interpret the corresponding factors. In doing so, it hopes to improve the Chinese legislation by taking international experience as reference. Bankruptcy Cross-border insolvency U.S Bankruptcy Code Chapter 15 0398
3	Cross-border Insolvency: A Comparative Study of Chinese and the U.S. legislations Gao, Ran 20 November 2012 (has links) This thesis offers a comparative study of Chinese and the U.S. legislations on the issue of cross-border insolvency. China has included one article concerning this issue in its Enterprise Bankruptcy Law promulgated in 2006. Four years after that, when facing a real case, it is found that the legislation is too preliminary to be used. In the meantime, great efforts have been made among many western countries in order to promote international cooperation on this issue. The United States is one of the most active countries. This thesis analyzes the Chinese version of cross-border insolvency legislation, factor by factor. It also does case study of mostly U.S. cases and some other countries’ cases and tries to find out how the courts interpret the corresponding factors. In doing so, it hopes to improve the Chinese legislation by taking international experience as reference. Bankruptcy Cross-border insolvency U.S Bankruptcy Code Chapter 15 0398
4	Place of performance as a ground for jurisdiction : A study of case law from the European Court of Justice regarding Article 5(1)(b) of the Brussels I Regulation Pallard, Elena January 2012 (has links) No description available. Place of performance Article 5(1)(b) Council Regulation (EC) 44/2001
5	An Inquiry Into State Responsibility Through the Lens of the Social Contract Theory and Article 5 of the European Convention on Human Rights : A Single Case Study Analysis of the Swedish Serial Rapist “Hagamannen” Carlborg, Nadja January 2022 (has links) This study is a single case study to investigate the connection between women's fear of sexual violence, human rights, and the state's responsibility to protect women from the fear of sexual violence. The thesis accomplishes this by combining existing research on sexual violence and fear of sexual violence, as well as its relationship to human rights, with a case study based on the Haga Man, a serial rapist in Sweden. The Social Contract Theory was utilized as a theoretical framework to assess the government's responsibility to its citizens. Article 5 of the ECHR is used in this study to argue for the need for state protection. The findings indicate that Sweden as a state has a responsibility to protect women from the threat of sexual violence. This thesis adds to previous research pointing to the necessity to consider sexual assault and the fear of sexual violence as a human rights concern. Fear of sexual violence freedom from fear Hagamannen violence against women Article 5 ECHR Social Sciences Samhällsvetenskap
6	L’article 5 de la CEDEF : l’obligation d’éliminer les stéréotypes de genre néfastes et injustifiés Forget, Frédérik 08 1900 (has links) No description available. CEDEF ARTICLE 5 Stéréotypes Genre Discrimination Égalité Féminisme Droit international LGBTQ CEDAW Stereotypes International law Feminism Equality Gender Section 5
7	NATO continuity and change : the Atlantic Alliance as an institution, organization and force by reference to Articles 4, 5, and 6 of the Washington Treaty Branikas, Spyros 12 1900 (has links) Approved for public release; distribution in unlimited. / This thesis examines the evolution of NATO as an institution in the International System by reference to Articles 4, 5 and 6 of the Washington Treaty of 1949. Initially, the thesis considers NATO from an international relations perspective. It then proceeds to examine the institutional evolutionary process of the Alliance since its inception and implementation in 1949. Furthermore, it explores the significance and the meaning of the aforementioned Articles. This thesis utilizes the case study method and refers to four distinct events that have shaped allied policies and strategies: the Suez Crisis of 1956, the establishment of the politico-military consultation process, the Yom Kippur War (1973), and the end of the Cold War (1989-1991). It also examines the allied policies after the events of September 11, 2001. Moreover, it identifies a general pattern of events pertinent to crisis creation inside NATO when the organization is facing a defense issue outside the Euro-Atlantic area. Finally, the thesis concludes that NATO is more than an ordinary military Alliance, as advocated by its longevity, agility and adaptability, which allows the Alliance to maintain a central position in the International System as a robust politico-military organization. / Lieutenant Commander, Hellenic Navy Cold War International relations Military art and science World politics National security NATO Atlantic Alliance Suez Crisis Yom Kippur war Out-of-area operations end of Cold War three Wise Men Afghanistan political consultation Article 4 Article 5 Article 6 North Atlantic Treaty crisis
8	Selective legal aspects of bank demand guarantees Kelly-Louw, Michelle 31 October 2008 (has links) Bank demand guarantees have become an established part of international trade. Demand guarantees, standby letters of credit and commercial letters of credit are all treated as autonomous contracts whose operation will not be interfered with by courts on grounds immaterial to the guarantee or credit itself. The idea in the documentary credit transaction/demand guarantee transaction is that if the documents (where applicable) presented are in line with the terms of the credit/guarantee the bank has to pay, and if the documents do not correspond to the requirements, the bank must not pay. However, over the years a limited number of exceptions to the autonomy principle of demand guarantees and letters of credit have come to be acknowledged and accepted in practice. In certain circumstances, the autonomy of demand guarantees and letters of credit may be ignored by the bank and regard may be had to the terms and conditions of the underlying contract. The main exceptions concern fraud and illegality in the underlying contract. In this thesis a great deal of consideration has been given to fraud and illegality as possible grounds on which payment under demand guarantees and letters of credit have been attacked (and sometimes even prevented) in the English, American and South African courts. It will be shown that the prospect of success depends on the law applicable to the demand guarantee and letter of credit, and the approach a court in a specific jurisdiction takes. At present, South Africa has limited literature on demand guarantees, and the case law regarding the grounds upon which payment under a demand guarantee might be prevented is scarce and often non-existent. In South Africa one finds guidance by looking at similar South African case law dealing with commercial and standby letters of credit and applying these similar principles to demand guarantees. The courts, furthermore, find guidance by looking at how other jurisdictions, in particular the English courts, deal with these issues. Therefore, how the South African courts currently deal/should be dealing/probably will be dealing with the unfair and fraudulent calling of demand guarantees/letters of credit is discussed in this thesis. / Jurisprudence / LL.D Uniform Commercial Code (UCC) UCP 600 UCP 500 Standby letter of credit Preliminary injunction Performance guarantee Performance bond Mareva injunction Letter of credit Irrevocable letter of credit International Standby Practices (ISP98) International Chamber of Commerce (ICC) Interlocutory injunction Interdict Interim interdict Injunction Independent guarantee Independence principle Illegality in the underlying contract Illegality Freezing injunction Fraud Documentary credit Doctrine of strict compliance Demand guarantee Bank guarantee Autonomy principle Anti-dissipation interdict Against good morals or public policy 346.74 Suretyship and guaranty Letters of credit Fraud
9	Selective legal aspects of bank demand guarantees Kelly-Louw, Michelle 31 October 2008 (has links) Bank demand guarantees have become an established part of international trade. Demand guarantees, standby letters of credit and commercial letters of credit are all treated as autonomous contracts whose operation will not be interfered with by courts on grounds immaterial to the guarantee or credit itself. The idea in the documentary credit transaction/demand guarantee transaction is that if the documents (where applicable) presented are in line with the terms of the credit/guarantee the bank has to pay, and if the documents do not correspond to the requirements, the bank must not pay. However, over the years a limited number of exceptions to the autonomy principle of demand guarantees and letters of credit have come to be acknowledged and accepted in practice. In certain circumstances, the autonomy of demand guarantees and letters of credit may be ignored by the bank and regard may be had to the terms and conditions of the underlying contract. The main exceptions concern fraud and illegality in the underlying contract. In this thesis a great deal of consideration has been given to fraud and illegality as possible grounds on which payment under demand guarantees and letters of credit have been attacked (and sometimes even prevented) in the English, American and South African courts. It will be shown that the prospect of success depends on the law applicable to the demand guarantee and letter of credit, and the approach a court in a specific jurisdiction takes. At present, South Africa has limited literature on demand guarantees, and the case law regarding the grounds upon which payment under a demand guarantee might be prevented is scarce and often non-existent. In South Africa one finds guidance by looking at similar South African case law dealing with commercial and standby letters of credit and applying these similar principles to demand guarantees. The courts, furthermore, find guidance by looking at how other jurisdictions, in particular the English courts, deal with these issues. Therefore, how the South African courts currently deal/should be dealing/probably will be dealing with the unfair and fraudulent calling of demand guarantees/letters of credit is discussed in this thesis. / Jurisprudence / LL.D Uniform Commercial Code (UCC) UCP 600 UCP 500 Standby letter of credit Preliminary injunction Performance guarantee Performance bond Mareva injunction Letter of credit Irrevocable letter of credit International Standby Practices (ISP98) International Chamber of Commerce (ICC) Interlocutory injunction Interdict Interim interdict Injunction Independent guarantee Independence principle Illegality in the underlying contract Illegality Freezing injunction Fraud Documentary credit Doctrine of strict compliance Demand guarantee Bank guarantee Autonomy principle Anti-dissipation interdict Against good morals or public policy 346.74 Suretyship and guaranty Letters of credit Fraud

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