Foreign Decisions Research Articles

Reconocimiento y ejecución de sentencias mexicanas de divorcio en venezuela

Judges rule their decisions to enforce foreign divorce judgments and therefore to achieve procedural justice. Notwithstanding of that, the enforcement couldface different challenges, not only about its coercive enforcement —lacking of voluntarily compliance of the original decision— but also ju-risdictional/territorial limitations. These limitations are related with the existence of different locations among the place of the original subject matter, the place of its effects and, the place where the enforcement decision will be ruled. However, geographical boundaries should not affect vested rights. Therefore, it is crucial to grant mechanisms that will ensure the enforcement of foreign decisions. Based on two Venezuelan Supreme Court decisions, this document analyses issues related with the enforcement in Venezuela of Mexican divorce judgments, considering both the Inter-American Convention on Extraterritorial Validity of Foreign Judgments and Arbitral Awards and Venezuelan domestic rules.

Executing the Decisons of Foreign Courts and the Question of Sovereignty in Russia

The author examines the theoretical difficulties of implementing decisions and awards of foreign courts in Russia. Along with the normative conditions of recognizing and enforcing foreign decisions, the author draws attention to the educational background of legal professionals – especially judges – in Russia. It is suggested that the statist conception of law inherited from Soviet legal science implicitly leads the contemporary Russian legal doctrine of negating the obligatory force of decisions from foreign courts. In the opinion of the author, the core of this conception resides in the traditional concept of sovereignty, which excludes the direct effect of legal acts made by foreign states, private arbitrations, and international organizations. Nevertheless, some signs of changes in the attitude of the Russian judiciary can be marked in several precedential rulings of the commercial courts. The author concludes that there are tendencies that are symptomatic of a different concept of law developing in the mentality of legal professionals in Russia.

An Analysis of Demand Behavior in Brazilian Ports by Different Institutional or Natural Interventions

The institutional changes in Brazilian port administration were made to change the behavior of demand and in investments infrastructure of the Brazilian ports. The Brazilian acts also improve the relation and intervention of international authorities in the ports operation. As result, in the last decades, from 2005 to 2011, the Brazilian ports has changed, also, in operation or infrastructure by government intervention or by some interruption in operation. It is necessary to say that some interventions is not making by political decision makers, but by exogenous actors. The hypotheses that economical series follow tendencies that are interrupted by external or intended interventions are nowadays very fruitful. Some empirical approaches to measure the brake point or magnitude of interruption in an economical series were proposed by some econometricians highlighting the intervention impacts technique proposed by Box e Tiao (1975) because of its robustness. The classification of intervention measuring the magnitude, direction and signal compared by the common characteristics of each intervention, is an important deal to foreign decisions by political decision makers, spatially in a regulator market like the Brazilian. Therefore, this paper aims to apply, to the Brazilian maritime ports demands the intervention impacts technique to classify the types of interventions measuring their impacts after the institutional changes made in Brazilian legislation. As case study, it is presented an investigation using the monthly time series of containers demand for some Brazilian ports from January 2005 to October 2011, followed by the numerical results and considerations. As result, we have mapped some types of interventions and indicating the form that the class of intervention can be modeled.

Tertiarization, Industrial Adjustment, and the Domestic Politics of Foreign Aid1

Kleibl, Johannes. (2012) Tertiarization, Industrial Adjustment, and the Domestic Politics of Foreign Aid. International Studies Quarterly, doi: 10.1111/j.1468-2478.2012.00754.x © 2012 International Studies Association This paper explains the varying degrees to which commercial interests or recipients’ development needs shape donor governments’ foreign aid allocation decisions. I argue that domestic interest group politics is a major driver of the heterogeneity in donors’ aid allocation policies. As proxy measures of donor governments’ dependence on the political support of industrial producer lobbies and their susceptibility to the demands of development interest groups, I exploit variation in the level of tertiarization and in the intensity of industrial restructuring processes across donor countries and over time. While higher levels of tertiarization increase donor governments’ relative responsiveness to the aid allocation demands of development interest groups, intense periods of industrial adjustment provide incentives for governments to allocate aid in line with the preferences of their industrial producer constituencies. Statistical analyses of a dyadic panel data set of 21 OECD donor and 124 developing recipient countries for the period from 1980 to 2001 support the theoretical predictions.

The role of executives' formative-years international experience in foreign acquisition decisions

This study examined how top management team’s (TMT) international orientation influences perceptions of environmental uncertainty and how these perceptions impact international strategic decisions,...

Strange Bedfellows or Soulmates: A Comparison of Merger Regulation in China and Australia

China and Australia are extremely significant trade partners and investors. Australia has a very well established competition law, now called the Competition and Consumer Law 2010, with a well-established merger regime. China has a relatively new competition law, the Anti-Monopoly Law 2007. This article compares merger control in the two jurisdictions. The Ministry of Commerce (MOFCOM) has already referred to an Australian decision in rejecting a merger, the only reference to a foreign decision to date, which confirms the utility of the comparison. This article critically evaluates the determinations of MOFCOM and compares the approach of the Australian Competition and Consumer Commission (ACCC), the Australian regulator. It assesses the transparency and predictability of procedures and decision-making in the two jurisdictions.

Strange Bedfellows or Soulmates: A Comparison of Merger Regulation in China and Australia

AbstractChina and Australia are extremely significant trade partners and investors. Australia has a very well established competition law, now called the Competition and Consumer Law 2010, with a well-established merger regime. China has a relatively new competition law, the Anti-Monopoly Law 2007. This article compares merger control in the two jurisdictions. The Ministry of Commerce (MOFCOM) has already referred to an Australian decision in rejecting a merger, the only reference to a foreign decision to date, which confirms the utility of the comparison. This article critically evaluates the determinations of MOFCOM and compares the approach of the Australian Competition and Consumer Commission (ACCC), the Australian regulator. It assesses the transparency and predictability of procedures and decision-making in the two jurisdictions.

LOCATION DYNAMICS OF FOREIGN BANKING IN SHANGHAI FROM 1990 TO 2009

This study examined the determinants of foreign bank location decisions in Shanghai markets over the period of 1990 to 2009. The growing foreign presence in Shanghai was found to be related to two different policy regimes: Pudong development area foreign enterprise clustering period after China opened Pudong, and "deposit-loan-match principle" implementing period after China joined WTO. The current location pattern was found to be correlated to deposit potential in each district. It is evident that the foreign bank location decisions were influenced by those of domestic banks while the reverse did not hold. These findings provide a valuable platform for theoretical modeling and further analysis.

TARIFF JUMPING FOREIGN DIRECT INVESTMENT DECISION IN A QUALITY-DIFFERENTIATED MARKET

Using a product differentiation model, this paper discusses the issue of transnational firms evading tariffs and investing directly in a host country (through foreign direct investment (FDI)). Where product quality is differentiated between foreign and host country firms and assuming a firm's quality requirement is a long-term strategy and is not affected by a foreign firm's trade decision, we obtain the following findings. First, whether or not a host country firm produces high or low quality products, raising the quality requirement for foreign products will increase the possibility of a foreign firm choosing FDI instead of exporting a product to the host country. Second, raising the quality requirement for domestic products will lower the possibility of foreign firms choosing FDI without regard to the product's quality. Finally, given a competitor in the host country, in FDI, a foreign high-quality product-producing firm has an advantage over a low-quality product-producing firm. We also find that even when firms' quality decisions are affected by a foreign firm's trade decision, most of the above results will still hold.

Isomorphism and foreign subsidiary staffing policies

PurposeThe purpose of this paper is to explore determinants that affect foreign subsidiary staffing policies by employing institutional theory as a theoretical foundation.Design/methodology/approachHypotheses are developed regarding determinants of the ratio of parent country nationals (PCNs) to foreign subsidiary employees. To examine the hypotheses, Tobit regressions are run using a sample of 1,998 foreign subsidiaries of Japanese manufacturers in 40 countries.FindingsThe PCN ratio of foreign subsidiaries is positively associated with the parent firm's taken‐for‐granted PCN ratio and the PCN ratio adopted by other Japanese firms in the same cognitive category. In addition, the positive relationship between the PCN ratio adopted by other Japanese firms in the same cognitive category and the PCN ratio of foreign subsidiaries is moderated by the international experience of the parent firm, such that the positive relationship is weaker as the parent firm accumulates international experience.Originality/valueThe study described in this paper incorporates a sociological perspective into a framework that explains foreign subsidiary staffing decisions. In addition, it shows that under conditions of uncertainty, foreign firms adopt a normatively rational staffing policy, although this does not necessarily guarantee economic rationality.

Thoughts on Corporate Law Courses Structuring and Teaching Methods (In Korean)

During the 2010 academic year, I was fortunate enough to experience teaching corporate law and M&A courses to 2Ls. First of all, I did not buy the argument that as Korea is one of civil law jurisdictions, case method would not work in Korea. Such categorical rejection is not true to the reality and betrayal of policy goals for newly-chartered law schools. Socratic method focused on appellate court decisions in the United States can be modified to the peculiar situations in Korea. Appellate court decisions do not fit for class room discussions as they do not repeat the fact parts in most cases. Trial court decisions were collected. Court decisions are not comprehensive enough to cover all the major legal issues. Foreign court decisions were referenced. Statutes are in place. Judicial decisions are read together with statutory language. Administrative practices and new legislation are additional source for legal thoughts. For each class, one question with a set of facts was distributed for class room discussions based on judicial precedents and statutes, foreign and Korean. Writing projects were assigned to teams and individuals, which were reviewed and commented periodically. Video tapes were played from time to time. Guest lectures were arranged with I-banking firm, law firm and Financial Services Commission. Not everything was as planned. Most embarrassing phenomenon was no active class discussions. Thus, class room discussions should be more encouraged by all means. Writing projects should not be overloaded. Feedbacks should be immediate. Powerpoint slides should be activated. Judicial precedents should be more developed. Policy debates should be urged. As a big picture issue, corporate law courses can be diversified. One corporate law course for all type of students is fine while corporate governance, finance, M&A, and business association courses are to be designed for would-be core corporate lawyers.

Method of improving the performance of gasoline engine work with internal mixing

Analyzes the problematic issues associated with the prospect of development of domestic automotive gasoline engines with internal mixing, which stimulate the need for search tools and new technical solutions that are acceptable for domestic engines. Noted the unacceptability of a direct copying of foreign decisions in domestic practice, not only because of the high financial costs for their implementation, but given the lack of technology and the necessary materials for their production. As an alternative, we propose a method that allows for minimal financial costs quickly solve an actual problem of domestic engine - the creation of the Russian automotive gasoline engine of a new generation with internal mixing. The method is based on the use of hydrogen as a chemical reagent that promotes improvement of ecological and economic qualities of the engine.

An Australian Copyright Revolution and its Relevance for UK Jurisprudence: <I>IceTV</I> in the Light of <I>Infopaq v Danske</I>

The purpose of this paper is to consider the High Court of Australia’s decision in IceTV v Nine Network (2009) and its relevance for UK copyright jurisprudence, taking account of the ECJ's decision in Infopaq v Danske (2009). The starting point for that consideration is the principle expressed by the Court of Appeal in Higgs v R (2008), that UK courts may rely on the reasoning of Australian and other foreign decisions when the logic of those decisions makes them applicable. On its face, IceTV seems an important decision, and a likely source of future reasoning for UK courts. Among other things, this is because of the similarity between and shared origins of Australian and UK copyright legislation, the high degree of cross-fertilization which exists between Australian and UK copyright jurisprudence, and the centrality of the latter to the four IceTV judgments. Further, it is possible to extract from the High Court’s decision six unanimous copyright propositions, and two approaches to determining substantial part, including one which reflects early commentators' readings of Infopaq v Danske. On closer analysis, however, it is submitted that IceTV is likely to have less impact on UK jurisprudence than might at first be thought. This is because the views of the High Court on certain issues are difficult to reconcile with UK jurisprudence, and unlikely to be accepted by a UK court. Further, this is true notwithstanding Infopaq, the meaning of which early commentators may have misread.

HOMOLOGAÇÃO DE SENTENÇAS PENAIS ESTRANGEIRAS NO DIREITO INTERNACIONAL PRIVADO BRASILEIRO

O presente trabalho visa analisar o reconhecimento e execução de decisões estrangeiras em matéria criminal, através da produção de efeitos de uma decisão prolatada em uma jurisdição estrangeira no Brasil. Considerando as propósitos e esforços da comunidade internacional em apresentar soluções aos conflitos criminais, que hoje tendem a ultrapassar as fronteiras geopolíticas dos Estados, o reconhecimento e execução de decisões penais estrangeiras é assunto relevante para o combate à criminalidade internacional, principalmente no Brasil, e para garantir às vítimas, a reparação pelo mal sofrido.

Foreign SMEs and land acquisition the reality of regulation (the case of Estonia)

Purpose – This paper seeks to examine academic literature and business regulation for land acquisition in Estonia in relation to small and medium enterprises (SMEs). The objective of the paper is to give information beneficial for the enhancement of the business environment, for SMEs. Furthermore, to assist foreign SMEs decision making related to land acquisition within Estonia, an important country within the “Northern Dimension” of the expanded European Union (EU).Design/methodology/approach – This exploratory paper makes use of World Bank Surveys, primary business law sources together with an interview from a business within the country assessed giving a grass‐roots perspective.Findings – The investigation reaffirms the importance of SMEs within former economies from a Soviet background such as Estonia. It also emphasises the correlation between economic growth, land acquisition and business law and identifies the significance and “key” aspects of land acquisition for an SME. Furthermore, it assesses E...

Determinants in the Choice of Entry Mode for MNCs Going Offshore - The Hard Task of Getting Meaningful Results

This paper reviews and criticizes in depth the empirical literature on foreign entry mode choice providing a motivation to perform a robustness analysis. Through a review of the theoretical approaches behind each study, as well as by comparing the way theoretical constructs are operationalized, this paper is able to pool the different studies that are part of empirical literature in the field of foreign entry mode decisions into different classes, allowing for a comparison of their results. The literature’s main results are then compared within those groups finding inconsistencies in the significance and sign found by different studies for almost every explanatory variable studied in the context of entry mode decisions. An explanation on the reasons behind those inconsistencies is also provided, yielding a strong motivation for pursuing model misspecification checks and robustness analysis. It extends previous reviews on the topic in that it also includes and compares studies focusing on multichotomous foreign entry mode decisions.

Assessing, mitigating and monitoring environmental risks of large infrastructure projects in foreign financing decisions: the case of OECD-country public financing for large dams in developing countries

This article assesses the progress — or otherwise — that has been made in recent years by public financing institutions (PFIs) in the application of environmental impact assessment mitigation and monitoring to large dam projects they finance. The article argues that the key type of PFI for dam finance over the past decades (multilateral development banks) has made more progress in this respect than the second key type of PFI (OECD-country bilateral PFIs). The article concludes that the most important explanations for this finding are differences in co-ordination mechanisms among different PFIs; and diverging interest group pressure on different PFIs.

Keyword Advertising: Challenging the Traditional Concept of "Use" under Malaysian Trade Mark Law

Keyword advertising involves the sale of keywords, sometimes comprising the trade marks of others, by search engine providers so that the keyword purchasers' advertisements are triggered as sponsored results whenever Internet users type in any of the keywords as search terms. This method of online advertising is new and novel and has been embraced widely by many businesses. However, its legality, particularly in the sale of keywords comprising the trade marks of others, has been challenged in a number of major jurisdictions. This article examines the approach of the courts in the U.S. and the UK with regard to the practice of keyword advertising with particular emphasis on the concept of "trade mark use." With these foreign decisions serving as a useful guide, this article analyses and evaluates whether the practice of keyword advertising is legal under Malaysian trade mark law as embodied in the Trade Marks Act 1976.

Determinants of foreign market entry mode decision: an exploratory study of business organisations in Australia

While a number of overseas studies have made substantial contributions to our understanding of the foreign entry mode behaviour of business organisations and have identified some factors that could impact entry mode decisions, most of the studies concentrated either purely on multinational corporations or focused mainly on small-medium sized companies. This paper presents the results of an exploratory study that was designed to identify the factors that determine the entry modes used by big and small-medium sized business organisations in Australia when entering foreign markets. A stepwise discriminant analysis was utilised for the analysis.

Judging the Arbiters: The Enforcement of International Arbitration Awards in Russia

AbstractThis article is devoted to the issue of the enforceability in Russia of arbitral awards rendered pursuant to arbitration agreements between Russian companies or state agencies, on the one hand, and private firms operating outside of Russia, on the other. The emphasis is on the enforcement of arbitral awards rendered outside of Russia. Russian statutory law, international treaties to which Russia is a party and Russian court practice are discussed. The enforceability of foreign judicial decisions, as opposed to arbitral awards, in Russia is also briefly discussed.