Spelling suggestions: "subject:"cross border"" "subject:"cross corder""
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Walls and fences : the making of good neighbors?!El Nakhala, Doaa' Hamdi 27 June 2014 (has links)
While the Europeans were discussing integration, other nations experienced long conflicts over borders. In some of the latter contexts, the significance of borders was underscored by escalated border policing through the erection of barriers. Although barrier construction is not a new phenomenon, an increasing number of nation-states are launching barrier projects along their borders. While in all cases the concerned nation-states claimed these barriers were provided security, scant attention was given to the actual security outcomes of these constructions. This research provides answers to the questions: what accounts for the different security outcomes of border barriers? How can barriers differ? And why? How does variation in barriers affect the nature and number of non-state actors' attacks? When do violent groups have tactical shifts and tactical innovations in the context of a barrier? This work moves beyond the conventional perspective on barriers that see them as successful defensive security measures. Instead, it develops the Fortification-Cooperation model that explains why the level of cross-border militant attacks change, when violent groups shift their tactics and when they innovate. I argue that security cooperation on both sides the border limits violent activities locally, which in turn restricts their access to militant resources. Presence of these resources is central for launching more attacks and for introducing tactical innovations. In turn, barriers impose restrictions to movement and increase the cost of certain attack. In this context, motivated violent groups substitute their commonly employed attack tactics for other types of attacks that can be sustained despite the presence of the barrier. Using a newly constructed qualitative and quantitative datasets on Palestinian attacks against Israel and barrier construction between 1990 and 2010, this study finds that the empirical record does not provide support the existing common explanations about the outcomes of barriers and that the interaction of cross-border cooperation and fortification is a key determinant of the number and nature of cross-border militant attacks. This work has significant implications for many states that built, are building, or are considering the construction of barriers on their borders since according to this research, a barrier without cross-border security cooperation would not be efficient at diminishing or decreasing cross-border violence. Additionally, violent groups' access to military resources is an important factor that should be taken into consideration when a barrier is built. Again, cross-border cooperation plays an essential role in restricting these resources, which would lead to less violence. In fact, in some cases, cooperation alone may result in similar outcomes to the combination of fortification and cooperation, which raises questions about the utility of barriers to begin with. / text
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The effect of cultural distance on cross-border M&A performance by emerging market firms - A multiple measurement analysisVinterskog, Erik-Axel, Chami, Christoffer January 2021 (has links)
This thesis examines how cultural distance affects cross-border M&A performance of emerging market firms. The study adds to the previous literature by using a multi-measurement approach, a broader sample of emerging countries and by comparing the effects to those of developed market firms. Performance is divided into short-term performance, measured as cumulative abnormal return (CAR) and long-term performance, measured as sales growth and change in Return on Sales after the transaction (sales CAGR and change in ROS). Using a sample of transactions conducted by both emerging market firms and developed market firms during the years 1997-2019, this study finds that cultural distance has a negative effect on the long- term cross-border M&A performance of emerging market firms. However, no significant effect is found on the short-term CAR following a cross-border M&A by emerging market firms. Additionally, none of the included performance measures is affected by cultural distance on a statistically significant level following a cross-border M&A by developed market firms. The results hence indicate that the effect of cultural distance is greater for emerging market firms than developed market firms when engaging in cross-border M&As.
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'n Vergelyking van die oorgrens-insolvensiewetgewing van Suid-Afrika met die van die Verenigde State van Amerika / Etienne Gerhard FourieFourie, Etienne Gerhard January 2012 (has links)
Due to economic globalisation and integration, as well as the global economic downturn since 2008, the appearance of cross-border insolvencies have increased dramatically. This increase in cross-border insolvencies has led to a demand for a general and fair system to administer cross-border insolvencies globally. In 1997 United Nations Commission on International Trade Law (UNCITRAL) promulgated the Model Law on Cross-Border Insolvency to act as an aide to countries in globally administering cross-border insolvencies in a uniform way. South Africa, and the United States of America (USA), subsequently accepted this Model Law approach into their respective national legislation. South Africa did this through the Cross-Border Insolvency Act 42 of 2000 (CBIA) and the USA by way of Chapter 15 of the United States Bankruptcy Code. The CBIA is, however, not currently in operation as the Minister of Justice has not yet designated countries to which the CBIA will apply. Chapter 15 is, however, effective and operational in the USA.
The two theories that underlie cross-border insolvencies – universalism and territorialism – have been further refined in the theories of modern universalism and modern territorialism. Supporters of modern universalism hailed the acceptance of the Model Law into the national legislation of countries as a victory over modern territorialism as the characteristics of modern universalism can be found throughout the Model Law. Modern universalism is, however, seen as theory which endangers the interests of local creditors as it favours universal administration of assets. However, modern territorialism is, on the other hand, acknowledged to protect the interests of local creditors. Therefore an investigation into the application of Chapter 15 by the courts of the USA will indicate if the interests of local creditors are sufficiently protected under this so-called modern universalistic approach and, if indeed so, how this is achieved. As the CBIA is neither operational nor effective in South Africa, cross-border insolvencies are governed by the common law and the precedents set down in case law. Writers and case law indicate that South Africa uses a system that can be described as between pure territorialism and modern territorialism. It can therefore be accepted that South Africa currently protects the interests of its local creditors sufficiently. The question then arises if, when South Africa made the CBIA effective and operational, would local creditors‟ interests still be sufficiently protected? As the CBIA and Chapter 15 are both based on the Model Law, they are basically identical in most aspects. Therefore an investigation into the application of Chapter 15 will also indicate if the CBIA will sufficiently protect the interests of local creditors.
This dissertation thus attempts, through an investigation of the applications lodged under Chapter 15, to indicate that the USA still succeeds in protecting the interests of its local creditors. The USA achieves this through utilising mechanisms made available through Chapter 15 itself. Consequently this dissertation shows that South Africa can make the CBIA operational, while still sufficiently protecting the interests of its local creditors. / Thesis (LLM (Import and Export Law))--North-West University, Potchefstroom Campus, 2013
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'n Vergelyking van die oorgrens-insolvensiewetgewing van Suid-Afrika met die van die Verenigde State van Amerika / Etienne Gerhard FourieFourie, Etienne Gerhard January 2012 (has links)
Due to economic globalisation and integration, as well as the global economic downturn since 2008, the appearance of cross-border insolvencies have increased dramatically. This increase in cross-border insolvencies has led to a demand for a general and fair system to administer cross-border insolvencies globally. In 1997 United Nations Commission on International Trade Law (UNCITRAL) promulgated the Model Law on Cross-Border Insolvency to act as an aide to countries in globally administering cross-border insolvencies in a uniform way. South Africa, and the United States of America (USA), subsequently accepted this Model Law approach into their respective national legislation. South Africa did this through the Cross-Border Insolvency Act 42 of 2000 (CBIA) and the USA by way of Chapter 15 of the United States Bankruptcy Code. The CBIA is, however, not currently in operation as the Minister of Justice has not yet designated countries to which the CBIA will apply. Chapter 15 is, however, effective and operational in the USA.
The two theories that underlie cross-border insolvencies – universalism and territorialism – have been further refined in the theories of modern universalism and modern territorialism. Supporters of modern universalism hailed the acceptance of the Model Law into the national legislation of countries as a victory over modern territorialism as the characteristics of modern universalism can be found throughout the Model Law. Modern universalism is, however, seen as theory which endangers the interests of local creditors as it favours universal administration of assets. However, modern territorialism is, on the other hand, acknowledged to protect the interests of local creditors. Therefore an investigation into the application of Chapter 15 by the courts of the USA will indicate if the interests of local creditors are sufficiently protected under this so-called modern universalistic approach and, if indeed so, how this is achieved. As the CBIA is neither operational nor effective in South Africa, cross-border insolvencies are governed by the common law and the precedents set down in case law. Writers and case law indicate that South Africa uses a system that can be described as between pure territorialism and modern territorialism. It can therefore be accepted that South Africa currently protects the interests of its local creditors sufficiently. The question then arises if, when South Africa made the CBIA effective and operational, would local creditors‟ interests still be sufficiently protected? As the CBIA and Chapter 15 are both based on the Model Law, they are basically identical in most aspects. Therefore an investigation into the application of Chapter 15 will also indicate if the CBIA will sufficiently protect the interests of local creditors.
This dissertation thus attempts, through an investigation of the applications lodged under Chapter 15, to indicate that the USA still succeeds in protecting the interests of its local creditors. The USA achieves this through utilising mechanisms made available through Chapter 15 itself. Consequently this dissertation shows that South Africa can make the CBIA operational, while still sufficiently protecting the interests of its local creditors. / Thesis (LLM (Import and Export Law))--North-West University, Potchefstroom Campus, 2013
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The competence of the foreign representative in cross-border insolvency matters : a comparison between South Africa and Australia / Ella MoutonMouton, Ella January 2014 (has links)
The world is continuously becoming a smaller and smaller place. It has become a
global community of sorts merely divided by imperceptible borders that are easily
transversed by ever-evolving technological advances in the fields of business,
travel, communication and such, each regulated by its own set of domestic laws and
regulations. Hordes of South Africans immigrate to Australia annually due to, among
others, economic and political uncertainty. These ex-patriots generally leave behind
assets and creditors in South Africa whilst acquiring new ones wherever they choose
to establish themselves. This serves as basis for potential future cross-border
insolvency issues. Furthermore, entities such as companies trading internationally,
and multinational companies with branches and offices in more than one state, have
property and creditors in many different jurisdictions. Should such a company be
liquidated, it would give rise to questions of jurisdiction, the procedures to be
followed, the appointment of a liquidator(s) and the distribution of assets, to name a
few.
The absence of a universal cross-border insolvency law leaves room for much
uncertainty and confusion. What is of importance for purposes of this research is to
clarify all prevailing uncertainties regarding the rights and obligations of the foreign
representative and the foreign creditor in cross-border insolvency matters. The
foreign representative is the person or entity appointed to administer the
reorganisation or liquidation of the insolvent debtor’s assets in a foreign proceeding.
The inconsistency in cross-border insolvency regulations between South Africa and
Australia has the consequence that there is no guarantee that a foreign creditor in
one state will be treated the same as a foreign creditor in terms of the domestic laws
of the other, as the Model Law aims to do. The situation would have been
significantly less complicated had the South African Cross-Border Insolvency Act been in force at present and had Australia been designated as a state to which this
Act would apply. In that case, the treatment of foreign representatives and foreign
creditors would be of a reciprocal nature.
This dissertation attempts, through an investigation of the South African and
Australian domestic insolvency laws, to ascertain the position of the foreign
representative and foreign creditors pre and post incorporation of the Model Law.
Consequently this dissertation compares the legal positions of these parties in terms
of South African and Australian national insolvency legislation. / LLM (Import and Export Law), North-West University, Potchefstroom Campus, 2014
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The competence of the foreign representative in cross-border insolvency matters : a comparison between South Africa and Australia / Ella MoutonMouton, Ella January 2014 (has links)
The world is continuously becoming a smaller and smaller place. It has become a
global community of sorts merely divided by imperceptible borders that are easily
transversed by ever-evolving technological advances in the fields of business,
travel, communication and such, each regulated by its own set of domestic laws and
regulations. Hordes of South Africans immigrate to Australia annually due to, among
others, economic and political uncertainty. These ex-patriots generally leave behind
assets and creditors in South Africa whilst acquiring new ones wherever they choose
to establish themselves. This serves as basis for potential future cross-border
insolvency issues. Furthermore, entities such as companies trading internationally,
and multinational companies with branches and offices in more than one state, have
property and creditors in many different jurisdictions. Should such a company be
liquidated, it would give rise to questions of jurisdiction, the procedures to be
followed, the appointment of a liquidator(s) and the distribution of assets, to name a
few.
The absence of a universal cross-border insolvency law leaves room for much
uncertainty and confusion. What is of importance for purposes of this research is to
clarify all prevailing uncertainties regarding the rights and obligations of the foreign
representative and the foreign creditor in cross-border insolvency matters. The
foreign representative is the person or entity appointed to administer the
reorganisation or liquidation of the insolvent debtor’s assets in a foreign proceeding.
The inconsistency in cross-border insolvency regulations between South Africa and
Australia has the consequence that there is no guarantee that a foreign creditor in
one state will be treated the same as a foreign creditor in terms of the domestic laws
of the other, as the Model Law aims to do. The situation would have been
significantly less complicated had the South African Cross-Border Insolvency Act been in force at present and had Australia been designated as a state to which this
Act would apply. In that case, the treatment of foreign representatives and foreign
creditors would be of a reciprocal nature.
This dissertation attempts, through an investigation of the South African and
Australian domestic insolvency laws, to ascertain the position of the foreign
representative and foreign creditors pre and post incorporation of the Model Law.
Consequently this dissertation compares the legal positions of these parties in terms
of South African and Australian national insolvency legislation. / LLM (Import and Export Law), North-West University, Potchefstroom Campus, 2014
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The effects of cross-border strategic brand alliance on consumer product evaluationLee, Jin Kyun, 1975- 01 October 2010 (has links)
This dissertation study examined the effect of country-of-origin (COO) fit on
consumer brand attitude in cross-border strategic brand alliance (SBA). Also, this study
investigated the effects of consumer product knowledge by dividing it into subjective and
objective knowledge dimensions. It was found that cross-border SBA can be a viable
market entry strategy for host and partner brands. Specifically, cross-border SBA creates
positive synergistic effects when the COO fit is high. In addition, in a low COO fit
situation, the partner brand suffering from less favorable country image would be able to
benefit from the established brand equity of the host brand and thus gain favorable
consumer product evaluation. Also, consumers with low and high product knowledge are
more likely to be affected by COO fit information than those with moderate product
knowledge. It was found that subjective knowledge is more related to consumer
heuristics and decision making processes than objective knowledge. Implications and
suggestions for future research in this area are provided. / text
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Franskt ledarskap i företag i Sverige : En kulturkrock?Brewitz, Malin, Malmberg, Annika January 2006 (has links)
<p>The most recent couple of years the boundaries of the world have been erased and we have come to live in a more global environment. It has been even more evident since the European Union has got a more prominent role in the society. It appears as obvious for most of us that we live in a changeable time and that a new, global perspective has been developed. Companies have to focus on the effect globalization and differences in culture have, to be competitive in the market today. Because of that business managers more often can come to work in other countries than their country of origin, it becomes interesting whether these managers adapt their management style or if they continue to work the same way as they did in their native country.</p><p>This thesis aims to investigate if business managers with a foreign background bring along their national culture when managing a company in Sweden. Further more we want to revise which these factors could be and in what way they affect the leadership in a different country than the country of origin.</p><p>To answer our purpose we have carried out a survey in four French companies in Sweden which are led by a French leader. With these leaders we have performed draught interviews and we have also sent out a questionnaire to two co-workers in each company. We have got an insight in the national distinctive features that characterize the respective culture by going through theories about stereotyped Swedish and French management styles. Besides that, theories about organisational culture have been studied from different perspectives.</p><p>After we analyzed our empirical data against chosen theories we have been able to draw conclusions to answer our purpose. From the survey it emerged that leadership in different cultures can be problematic if certain adaptation to the host country does not occur. It also came to light that what the managers bring from their national culture is a sort of French base structure regarding how the company is led generally.</p> / <p>Ces dernières années, les frontières nationales sont devenues de plus en plus floues, et nous vivons aujourd’hui dans un environnement de plus en plus global. Ce phénomène est devenu encore plus évident depuis que l’importance de l’Union Européenne dans notre société s’accentue. La plupart de nous voient le fait de vivre dans une ère changeable, comme un fait évident, et nous voyons apparaître une nouvelle perspective globale. Les entreprises doivent par conséquent être attentives aux effets de la globalisation et des différences culturelles pour pouvoir être compétitives sur le marché d’aujourd’hui. Puisque les leaders d’entreprises peuvent être amenés à travailler dans d’autres pays que leurs pays d’origine, il est intéressant de voir s’ils adaptent leur manière de diriger l’entreprise ou s’ils continuent de travailler de la même manière que dans leurs pays natal.</p><p>Ce mémoire vise à examiner si un leader d’entreprise étranger apporte des éléments de sa culture nationale lorsqu’il dirige une entreprise en Suède. Nous voulons pour cette raison examiner quels peuvent être ces éléments et de quelle(s) manière(s) ils influencent le leadership dans un autre pays que leur pays natal.</p><p>En vue de répondre à notre objectif avec ce dossier, nous avons effectué une recherche sur quatre entreprises françaises en Suède, dirigées par un leader d’origine française. Nous avons effectué une entrevue avec chaque leader et avons en plus de cela distribué une enquête à deux employés de chaque entreprise. En analysant des théories sur les styles de leadership propre à la Suède et à la France, nous avons eu un aperçu des caractéristiques nationales qui marquent les deux cultures. Nous avons ensuite étudié différentes théories sur la culture de l’organisation sous plusieurs angles.</p><p>Après avoir étudié les données qui portent sur nos entrevues et nos enquêtes, et les avoir comparées aux théories choisies, nous avons pu en tirer les conclusions suivantes. Il s’est montré que des problèmes peuvent apparaître dans le leadership dans d’autres cultures si aucune adaptation à la nouvelle culture ne se fait. Il s’est également avéré que le principal élément que les leaders emportent de leurs propres cultures nationales est une sorte de structure de base qui porte sur la manière générale de diriger l’entreprise.</p> / <p>De senaste åren har världens gränser suddats ut och vi har kommit att leva i en alltmer global omgivning. Det har blivit än mer påtagligt sedan EU har fått en i högre grad framträdande roll i samhället. Det framstår som självklart för de allra flesta att vi lever i en föränderlig tid och att ett nytt globalt perspektiv vuxit fram. Företag måste fokusera på den effekt globalisering och kulturskillnader har för att kunna vara konkurrenskraftiga på marknaden idag. I och med att företagsledare allt oftare kan komma att jobba i andra länder än deras ursprungsland blir det då intressant huruvida dessa ledare anpassar sin ledarstil eller om de fortsätter att arbeta på samma sätt som i deras hemland.</p><p>Uppsatsen syftar till att undersöka om en företagsledare med utländsk bakgrund för med sig sin nationella kultur vid styrning av ett företag i Sverige. Vidare vill vi granska vilka dessa faktorer skulle kunna vara och på vilket sätt de påverkar ledarskapet i ett annat land än hemlandet.</p><p>För att besvara vårt syfte har vi genomfört en undersökning på fyra franska företag i Sverige som leds av en fransk ledare. Med dessa ledare har djupgående intervjuer utförts och vi har även skickat ut enkätfrågor till två medarbetare på respektive företag. Genom att sedan studera teorier om stereotypa svenska och franska ledarstilar har vi fått en inblick i de nationella särdrag som präglar respektive kultur. Därtill har sedan teorier om organisationskultur studerats ur olika perspektiv.</p><p>Efter att ha analyserat våra empiriska data mot valda teorier har vi kunnat dra följande slutsatser för att besvara vårt syfte. Från vår undersökning framkom det att ledarskap i andra kulturer kan vara problematiskt om inte viss anpassning till värdlandet sker. Det visade sig även att det som ledarna för med sig från sin nationella kultur är en slags fransk grundstruktur som handlar om hur företaget ska styras generellt.</p>
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Nové formy přeshraničních přeměn po velké novele zákona o přeměnách / New forms of cross-border transformation after the big amendment of the Transformation ActJaníček, Marcel January 2013 (has links)
The thesis deals with the new forms of cross-border transformation after the big amendment of the Transformation Act, which came to effect on 1 January 2012. The particular new options in the area of the cross-border transformations are analyzed in connection with the relevant case law of Court of Justice. The thesis follows the scheme of the Act, therefore the first chapter deals with general issues of cross-border transformations. This chapter identifies the conception of the cross-border transformation and then the categories of the entities which can participate in cross-border transformation. Then I deal with the various types of cross-border transformations. The first transformation analyzed is the cross-border merger. In addition to another the question of cross-border merger exclusively of Czech companies to foreign company is addressed in this chapter The next chapter deals with cross-border division. The special attention is paid to the possibilities of the cross-border division of societas europaea. The third chapter deals with the cross-border transfer of assets. Although even before the amendment the foreign person was allowed to take the assets of Czech company, Transformation Act now regulates this transformation much more in detail, including variation of the transfer of assets of a...
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Conditions for the effective formation, management and evolution of cross-border alliancesMilgate, Michael, University of Western Sydney, School of Management January 1999 (has links)
The subject of cross-border alliances, and of cooperative strategy generally, is one that has been growing in importance over the last ten to fifteen years, both for practitioners and for academics. The literature on the subject has increased substantially during this time but, as with all subjects that come into vogue, there is currently no generally agreed body of theory, or even terminology to assist the student in researching and understanding the subject. This thesis, which is exploratory in nature, seeks to contribute to the strategic alliance field by means of research aimed at identifying significant associations between formation conditions, management approaches and evolving decision making taken in the case study alliances and the effectiveness of those alliances as deemed by significant partner members. The concluding chapters present findings from the research, attempt to bring together the overall findings, and arrive at some general conclusions, especially certain implications for management. / Master of Commerce (Hons)
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