Limits of shareholders' agreements - Resumé This diploma thesis deals with the limits of shareholders' agreements. Its goal is not only to introduce the legal concept of the shareholders' agreements themselves, with regard to their content, forms or types, but above all to point out the limits which restrict their validity. The shareholders' agreements as an obligatory legal institute have their limits, which must be respected by the parties to the agreements. This thesis focuses primarily on the contractual autonomy of the parties to the agreement, together with other limits resulting from the stock law such as the prohibition of disadvantage shareholders, limitation of types of stocks or possible establishment of an internal shareholder's company. This diploma thesis also describes the key institute that stands side by side the shareholders' agreements - the articles of incorporation. Since the parties to the shareholders' agreements can be and most often are the shareholders themselves, I focus on the relationship between the agreements and a certain loyalty of shareholders to the joint stock company. This analysis is completed with even more intense duty of loyalty in case the party to the agreement is a shareholder and on top of that simultaneously a member of the statutory body. This diploma thesis...

Master of Arts / Department of Economics / Peri da Silva / Preferential Trade Agreements (PTAs) are known to facilitate liberalization with respect to only a few trading partners and thus they have been a topic of debate for the past two decades especially because their effect on most favored nation (MFN) tariffs is known to be ambiguous. We provide insights for analyzing whether the PTAs indeed hamper or support multilateral liberalization. Using product level official and actual tariffs we provide evidence from the United States (US) import data that the stumbling block effect on the US MFN bound tariffs is present only for goods that receive full preference in books or in actual. However, my dataset does not statistically support the stumbling block hypothesis in the case of Applied tariffs.

No description available.

As civil conflicts continue to be the most prevalent form of war, women and children are disproportionately affected by intrastate violence. In response to such findings, the United Nations, at the behest of a transitional activist network, passed United Nations Security Council Resolution 1325, which outlined how to include more women in formal security practices.Because of the normative qualities of the Resolution, I employ a norms framework to explore the properties and evolution of when and how women are part of peace agreements. Before exploring the norm of engendered security, I present a review of feminist security studies and how engendered security is understood using a gender lens. To first establish what a norm is, I developed a three-level approach which illuminates the principles, properties and policies that constitute a norm; I then apply this model to the norm of engendered security. I then use this norm to study peace agreements, and develop graphs and tables illustrating the varied levels of engendered security in different peace processes.Then, to address the ways in which this norm has evolved, I employ a norm lifecycle model which includes four stages: innovation, emergence, enactment and routinization. Subsequent chapters explore the first three phases of engendered security's development into a norm. This includes a discussion of Guatemala as a norm innovator, in which a strong domestic women's movement and feminist leaders promoted a high level of engendered security in their peace process. Norm emergence focuses on the agenda-setting of a Peacewomen's Network who promoted Resolution 1325; it includes an analysis of the developing discourses of security and women, culminating in global recognition of women's insecurity in conflict. The final chapter explores norm enactment and the ways in which norms become common practices and policies in various security-related institutions. This chapter concludes with a study of Sudan's two peace processes and the role the international community played in producing very different levels of engendered security.Ultimately, the views of leaders during peace processes, the presence of an organized women's movement and agenda and gender-conscious mediators seem to account for higher levels of engendered security.

With a focus on legitimacy, accountability, and protection equality, this thesis aims to investigate the impact of domestic institutions on the likelihood that peace succeeds in the aftermath of armed conflict. The argument is that the presence of such domestic institutions should facilitate the construction of a peaceful post-conflict environment by reducing commitment problems in the peacemaking process. A quantitative analysis is conducted on 82 peace agreements signed between governments and rebel groups during the time period 1989 to 2004. The findings suggest that the extent to which social groups within the state are protected equally by the government most significantly impacts the likelihood that peace prevails.

El Perú está negociando el Acuerdo de Asociación Transpacífico, un acuerdo comercial que podría tener serias implicancias para los sistemas de salud de las naciones incluidas. Los capítulos de transparencia y propiedad intelectual son los más controversiales. El primero porque abre la posibilidad a los grupos interesados a objetar las decisiones de las autoridades sanitarias acerca de la incorporación de tecnologías sanitarias al sistema de salud, dándoles mecanismos de arbitraje si sus productos no son incorporados al sistema. El segundo, porque plantea restricciones al ingreso de productos genéricos al ampliar el período de datos de prueba e implementar mecanismos de oposición al registro de los mismos. Adicionalmente, el acuerdo contempla la posibilidad de restringir la regulación del consumo de alcohol, tabaco y alimentos procesados. Se deben crear sistemas de vigilancia del impacto del acuerdo si este se concreta, y generar mecanismos que impidan que los escasos recursos disponibles para la salud se desvíen a financiar tecnología de punta que no necesariamente va a tener un impacto positivo a nivel poblacional. / Peru is negotiating the Transpacific Partnership Agreement, a commercial treaty that could have deleterious implications for the health systems of the included partners. Transparency and Intellectual Property chapters are the most controversial elements. The first mostly because it opens the possibility for groups of interest to refuse decisions being taken by the sanitary authorities concerning the incorporation of health technologies to the public health systems. The second because it poses restrictions to the entrance of generic medical products, widening the period of data exclusivity and implementing mechanisms of opposition to their registry. Other chapters include strategies to block the states from regulating the consumption of alcohol, tobacco and processed foods. We ought to create surveillance systems to evaluate the impact of the agreement if it is signed, and generate mechanisms that prevent the little resources we already have devoted for health to be deviated to top technology that will not necessarily have a positive impact at a population level.

1 Abstract - Protection of Economic Competition - Agreements Violating Competition Agreements distorting competition are quite dangerous for the goals of competition law and it is necessary to search for them, find them and punish them. Therefore, the goal of this thesis was to provide a complex explanation of the issue of prohibited agreements from the point of view of Czech and European competition law. Relatively brusque diction of primary sources of law is typical for competition law and for the regulation of prohibited agreements. For this reason a large area of law is left to the case law of the Court of Justice of the European Union and also for national courts in administrative judiciary. The thesis has in mind also the importance of the soft law which serve as a manual of the approach of the European Commission and the Office for the protection of competition which leads to a higher level of legal certainty. First chapter is dedicated to the explanation of basic terms of economic competition and of competition law. The largest space is given to the definition of the Czech term "competitor" and its European equivalent "undertaking". This chapter also explains relevant market and the matter of relationship between Czech and European competition law. The whole second chapter is dedicated to the...

The Master's thesis provides readers with a basic analysis of Commission Regulation 330/2010. The mentioned regulation confers a benefit of the so called block exemption on broad spectrum of vertical agreements including in this context also certain agreements among competing undertakings. Since agreements enjoying the benefit of the block exemption are presumed to meet criteria stipulated in Article 101 (3) TFEU, the block exemption eliminates legal uncertainty which undertakings whose agreements distort competition within the meaning of Article 101 (1) TFEU would otherwise face. It follows that it is not necessary to examine such agreements on its merits. Thus, transaction costs are reduced. Structure of the thesis is chosen so that it reflects three main questions concerning applicability of the block exemption, namely whether (i) an agreement falls within the scope of Commission Regulation 330/2010, whether (ii) it contains black clauses (hard-core restrictions) and whether (iii) it contains (non-severable) grey clauses. After a brief description of wider connections and general issues in Chapter One, in Chapter Two the thesis deals with the scope of Commission Regulation 330/2010 with respect to the notion of vertical agreement, the role of intellectual property rights, the treatment of...

Protection of Economic Competition - Agreements Distorting Competition The topic of this thesis is agreements distorting economic competition, traditionally referred to as cartels. Cartels are various forms of explicit and implied agreements among participants in economic competition which are capable of affecting the competition in a negative way and result not only into damaging other competitors, but also mostly into damaging the consumers. The main purpose of this thesis is to present a comprehensive view on the issues of agreements distorting economic competition from the point of the Czech and European substantive legal regulation and take into account some aspects of their practical assessment. Another purpose was to evaluate the alternatives of sanctioning of the prohibited agreements, both public enforcement and private enforcement of claims of the subjects that suffered loss resulting from the agreements. A partial purpose was to suggest possible future regulation of chosen areas. Chapter One is an introduction and includes delimitation of aims of the thesis. Chapter Two deals with the essence of the agreements and the concept itself. It also explains briefly, which particular impacts can these agreements practically have. Chapter Three delimits the boundary between the illegal cartel...

The aim of this thesis named "Protection of Economic Competition - Agreements to Obstruct Competition" is to analyse a theme of agreements distoring economic competition at the point of view of a substantive law of the Czech Republic and European Union. These agreements oftenly called as cartels represents one of the most dangerous anti-competitive practicies that leeds to a monopolization of free markets and in consequence of that to a damage of other undertakings and even consumers. This area of law is typical for its generality when the essential influence is reserved for a judicature. For that reason there is layed a great emphasis on the decisions of the European Commission, courts and also national competition authorities in this thesis. The soft law regulation by means of various White books and Notices issued by the European Commission and national competition authorities is not neglected. In Chapter One there is an introduction to this thesis. Chapter Two concentrates on the theme of agreements to obstruct competition in general. It describes a nature of the agreements and their elemental features and outlines a history of this therm. Chapter Three illustrates a relationship between the agreements and other anti- competite practicies - abusing of a dominant position and mergers and pointed...