Indirect takings (readings summary)
Book review - 2 pages - Business law
The concept of indirect taking lacks of a clear definition. Instead, it appears as a concept having a variable geometry. Contrary to the characterization of a situation of direct expropriation which is relatively easy and straightforward (ex: nationalization of an investment), the...
The U.S. and Bilateral Investment Treaties
Essay - 2 pages - Business law
The number of Bilateral Investment Treaties or BITs has grown dramatically during the last few decades. They are presented as an important tool of FDI and a key factor contributing to foster economic growth and development. As underlined in the paper, BITs have become the major tool for the...
NAFTA Dispute Settlement
Essay - 2 pages - Business law
This paper illustrates the tensions inherent to the North American Free Trade Agreement or NAFTA dispute settlement mechanism. They also underline the difficulties encountered to establish a proper balance between two legitimate and contradictory interests, namely the protection of investors'...
Customary International Law and FDI
Essay - 2 pages - Business law
The notions of expropriation and of its compensation are at the heart of every discussion pertaining to Foreign Direct Investment (FDI). In fact, one might argue that these notions, among others, reflect the complex nature inherent to the FDI mechanism. The complexity lies in the fact that the...
NAFTA's Chapter Eleven and Fair and Equitable Treatment
Essay - 2 pages - Business law
The interpretation of Article 1105 of the North American Free Trade Agreement or the NAFTA has generated and will generate many controversies regarding the meaning of its first paragraph. Given this provision's open language, the controversies and doubts are understandable. According to Meg...
Umbrella Clauses and Transfers
Essay - 2 pages - Business law
An umbrella clause generally reads as follows: "each party shall observe any obligation arising from a particular commitment it may have entered into with regard to a specific investment". We can infer from this statement that the aim of this clause is to protect any specific commitments by...
Forum-shopping and Amicus
Essay - 2 pages - Business law
The article by Professor's Bjorklund article underlines the complexity encountered by parties with respect to international investment litigation. The factors pertaining to this complexity are multiple and exist at virtually every stage in an investment operation. Among these factors of...
NAFTA's Chapter Eleven and Non-Discriminatory Treatment
Essay - 2 pages - Business law
One of the first and foremost agreements which has been driven by policy considerations is the NAFTA agreement. This agreement was especially created so that three important countries in the world (US, Mexico and Canada) would benefit economically. On clearly assessing this agreement, a layman...
The future of Investment Regulation
Essay - 2 pages - Business law
An attempt was made to terminate the introduction of one general text relating to the regulation of the FDI. In other words, the cancellation of the draft text pertaining to the Multilateral Agreement on Investment ("MAI") which was elaborated through the patronage of the Organization of...
Unfair Terms in contract
Essay - 5 pages - Business law
Seller Ltd ("Seller?) is a manufacturer and seller of lifting equipment. Buyer Ltd, ("Buyer?), provides heavy goods vehicle servicing. On 1 July 2006 Buyer requested a copy of Seller's brochure and this was sent by post and received by Buyer on 3 July 2006. Tom, a representative of Buyer...
Lease agreement according to the Bulgarian legislation
Thesis - 3 pages - Business law
The rights of the Lessee can be protected if the agreement comes into force after the financing is provided. Since the parties desire the term of lease to be more than 3 years, the contract has to be signed by persons who are capable of activities of complex management. As it is presumed until...
The mortgagee's power of sale: Problem question
Thesis - 4 pages - Business law
In considering the Bank's duties in relation to a sale of the property, it will be necessary to consider the various rights conferred on a mortgagee by virtue of granting the mortgage. Under section 101 of the Law of Property Act 1925 (LPA), the Bank as mortgagee will have rights in Apple...
Intellectual property problem question covering various areas and the fictional problem scenario
Thesis - 5 pages - Business law
Professor Jones an employee of the University of Shaleford, gives a one hour guest lecture to a local group of organic retailers on the topic of “Intellectual Property Rights that Affect the Organic Industry”. She gives the lecture at the headquarters of the Organic Retailers...
Critical analysis of the trade marks act of ECJ (European Court of Justice)
Thesis - 3 pages - Business law
The Trade Marks Act 1994 was the result of the European Union's aspiration to approximate the trade mark laws of member states. Section 1 of the legislation defines a trade mark as “any sign capable of being represented graphically which is capable of distinguishing goods or services of one...
Understanding the law of contract
Thesis - 2 pages - Business law
This essay examines as to whether or not Alicia has contractual obligation to compensate the money that is in dispute to each of the particular parties who are involved in the transaction. Both, intention to create lawful relations and consideration will be assessed to reach the correct...
The relevance of intellectual property (IP) in various scenarios
Thesis - 5 pages - Business law
The narrative of intellectual property today is a dichotomy between those proponents who believe it is a necessary legal measure in the evolution of our society, and those who believe such rights actually trump the rights of the individual. Indeed, much of the controversy surrounding the issue of...
Doing business in China: The Citibank's way
Thesis - 5 pages - Business law
Citibank is known for its innovative approach in developing markets. Citibank has always been at the forefront of exploring opportunities in markets where level playing field was absent. This calculated-risk approach has been the reason for development of efficient banking at Citibank. On sensing...
Business ethics and social responsibility - published: 14/09/2009
Thesis - 3 pages - Business law
Government's role in environmental protection is to establish standards and set regulations on environmental protection and enforce those standards in a method that is unbiased, and according to the guidelines of environmental integrity. Federal policy, first must achieve harmony between the...
The deemed undertaking rule
Thesis - 5 pages - Business law
The “Deemed Undertaking” rule (30.1) functions to prevent information gathered during discovery from being disclosed. The rule itself serves to protect information that respondents may be forced to divulge during discovery by ensuring that any information cannot be used in other...
International business law (2006)
Thesis - 7 pages - Business law
In most parts of the developed countries the economy is regulated through liberal systems. A liberal system means that there exists open markets and competition over these markets. States and governments are not the leaders of these markets. They are only the institutions which have created rules...
Do you think Lister v Hesley Hall [2001] UKHL 22 was correctly decided by the House of Lords?
Thesis - 4 pages - Business law
On the 3rd May 2001, the House of Lords gave their judgment to Lister v Hesley Hall [2001] UKHL 22. By overruling a previous decision of the Court of Appeal; Trotman v North Yorkshire County Council [1999] LGR 584. The House of Lords widened the scope of vicarious liability to include acts of...
Duress and undue influence
Thesis - 23 pages - Business law
"It is assumed that the parties know their own minds, that they are the best judges of their own needs and circumstances, that they will calculate the risks and future contingencies that are relevant, and that all these enter into the bargain. It follows that unfairness of the bargain - gross...
Has the Contracts (Rights of Third Parties) Act 1999 gone far enough in reforming the English law of privacy?
Thesis - 5 pages - Business law
Under the doctrine of privacy, which became entrenched in English law in the latter half of the 19th century , contractual rights and liabilities are limited to the parties to the contract. The mounting criticisms and arguments for reform have led to the Contracts (Rights of Third Parties) Act...
Civil justice in China
Essay - 5 pages - Business law
To fully understand the concept of civil justice, one must look at its origins from many different angles, including that of the historical perspective. When investigating the historical approach of civil justice and the law, it makes sense to compare and contrast different nations and their...
Company law
Essay - 5 pages - Business law
From Star Limited's perspective, the central issue is whether it can enforce the restraint of trade clause against Ramon notwithstanding the fact that he is using his company Equip Limited to solicit Star Limited's customers. Before considering whether the clause can be enforced against Ramon...
What scholars have noted about property as a social construct mitigating human interactions that transcend legal and economic discourse
Essay - 5 pages - Business law
A.I. Hallowell (1943: 119) once stated that, “Property as a social institution implies a system of relations between individuals. Like other social institutions, it involves rights, duties, powers, privileges, forbearances, etc, of certain kinds.” While this view of property has been...
Implication of federal trademark dilution act to U.S. Business
Essay - 4 pages - Business law
Intellectual property has become a global concern in these last few decades due to the increased trade brought about by the internet. In an article posted at Focus, Field (2006) reported that in the United States alone, for example, studies in the past decade have estimated that over 50 percent...
Sounds a-like but not quite: Is the trademark infringed?
Essay - 5 pages - Business law
The capital is already at hand, the plan has been laid out and the place is just perfect. Most importantly, you just came up with an imaginative name that could spark up the business venture you've been envisioning for so long. But no matter how much thought has been put forth to produce such...
Corporate governance under English common law: The respective roles of executive and non executive directors
Thesis - 15 pages - Business law
The role of boards and its relationship to management must be clearly identified. The Companies Act provides that companies must have directors but does not define their functions. This is left to the articles of association, where the most undertaken practice consists of vesting the board of all...
