The topics dealt with in this paper are in the context of and applicable to early-stage technology companies (“startups”). This paper discusses what a startup is and the relevance of startups in South Africa. It will further consider the challenges faced by startups in South Africa, particularly the lack of access to funding and market opportunity. It will further discuss the opportunities that are available for startups offshore, specifically with regard to funding, market growth and opportunity. Following on from this, it will delve into the different international structures available to startups, which include the loop structure and the mirror structure. The paper will go on to discuss the conventional loop structure, which entails an offshore holding company with South African shareholders, which owns a South African entity – as well as the current legislation and restrictions in place which regulate the loop structure, also taking into account market opinion and the recent legislative development of the loop structure. Thereafter and forming the body of the paper, it will discuss the interplay between transfer pricing, tax residency and intellectual property in the context of setting up a mirror structure. These elements considered together deal with the factors which need to be taken into account by a startup when immigrating the headquarters of a company to an offshore jurisdiction in a tax efficient manner, and importantly dealing with the evolution of intellectual property (being the core asset of value relevant to an early-stage technology company) in the offshore jurisdiction. The elements to be considered in this regard include the establishment of the place of effective management of a company, what a controlled foreign company is, understanding foreign business establishment, the pre-requisites to dealing with intellectual property from a transfer pricing perspective and how these factors can be re-engineered to ensure that newly developed intellectual property is created offshore. Finally, this paper will consider the South African Venture Capital Association's perspective on the current regulations regarding the loop structure, and why the mirror structure is considered to be a safer alternative for technology start-ups who are looking to move offshore.

In Scots law, a creditor may enlist the aid of a third party known as a 'cautioner', who agrees to pay the creditor if the principal debtor defaults. Should the creditor see fit to sue the cautioner, the latter may seek compensation from the principal debtor for the whole amount paid or, if there are other cautioners, a pro rata contribution from the ones who did not pay. While these so-called rights of 'relief' are well established in Scottish case law, there is increasing controversy as to their nature. The present thesis engages with this problem headon, identifying the rationales for a cautioner's various rights of relief and examining how those rationales shape the content of the cautioner's claim in each case. By considering relief within the restricted confines of a cautionary relationship, the thesis aims to demystify a subject that is often complex and diffuse. It also seeks to establish the subject as a free-standing entity, independent of the historical and substantive inter-mixtures through which it has often been conceived in Scots law. After placing the cautioner's rights of relief into their private-law context (Chapters One to Five), the thesis examines each of these rights in detail. Chapter Six considers the basis of a cautioner's right to 'pro rata relief', and Chapter Seven discusses the content of that right, with particular reference to cases where there are three or more cautioners. Chapter Eight builds on the analysis in Chapter Six by determining on what basis a cautioner may claim 'total relief' from the principal debtor. Finally, Chapter Nine examines a cautioner's right to seek relief before paying anything to the creditor.

No description available.

Thesis (LL.M.)--University of Hong Kong, 1989. / Also available in print.

Thesis--Lille.

No description available.

The following thesis deals with the distribution of air traffic rights. Particular reference is made to the situation in the European Union and the changes that might occur in the aftermath of the "open-skies" decision of the European Court of Justice in November 2002. / One major part of the thesis generally analyses different means of distributing limited public right, in order to determine an appropriate method for the allocation of air traffic rights. After a comparison with the telecommunication sector, it is concluded that the most appropriate approach is to conduct a Beauty Contest in the form of a Documentary Hearing. It is suggested that airlines submit their proposals and the regulatory agencies make their choice based on certain criteria. / Subsequently, a glance is taken at the methods for allocating air traffic rights that are currently applied in several countries. It can be seen that all these countries have chosen the same approach, a Beauty Contest, and that they all are facing the same difficulties, which are inconsistency and ambiguity of the distribution procedure. / Furthermore, a short evaluation, whether the General Agreement on Trade in Services has an impact on the allocation of air traffic rights, is undertaken. However, this is denied. / Based on the previous results an own proposal is presented, how air traffic rights could be distributed in a Beauty Contest, while avoiding most of the difficulties encountered by other countries. This proposal concentrates on the situation in the European Union, but could be also applied in other countries.

<p>In this thesis, the study examines the factors that are believed to be instrumental in this trade imbalance between the European Union and the developing world in the agricultural sector. The study focuses on the main reason for the existance of this imbalance which is the continued use of export subsidies by the European Union. The discussion attempts to highlight the inadequacies which exist in the current trade relationship between the European Union and developing nations , in particular South Africa with regard to agricultural produce.</p>

Any agreement, treaty or commercial transaction needs to be governed in order to work. The New Economics of Organisation literature glosses over the fact that different parts of the same transaction may be governed in different ways. In contrast, this thesis argues for the existence of "hybrid transacting" and presents two international bargaining cases to illustrate how interstate agreements are entered into legally, but enforced extra-legally. Given that the enforcement of international agreements is extra-legal, this thesis presents two lines of argument that are designed to answer the question, why do states enter into their agreements with other states in a legal way? It is suggested that treaty law offers states two important advantages. First, treaty law is a solution to an "information ordering" problem. Second, it is suggested that treaty law operates as a baseline against which reputation can be assessed.

<p>In this thesis, the study examines the factors that are believed to be instrumental in this trade imbalance between the European Union and the developing world in the agricultural sector. The study focuses on the main reason for the existance of this imbalance which is the continued use of export subsidies by the European Union. The discussion attempts to highlight the inadequacies which exist in the current trade relationship between the European Union and developing nations , in particular South Africa with regard to agricultural produce.</p>