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Cross-Border Data Transfers Regulations in the Context of International Trade Law: A PRC Perspective
by Yihan DaiThis book focuses on the PRC’s cross-border data transfer legislation in recent years, as well as the implications for international trade law. The book addresses the convergence of industries and technologies notably caused by digitization; the issue of conflicts between goods and services; and the General Agreement on Tariffs and Trade (GATT) and General Agreement on Trade in Services (GATS) as well as the difficulty of classifying service sectors under WTO members’ commitments. The book also examines the FTAs that entered into force after 2012 that regulate digital trade beyond the venue of the WTO and analyzes their rules of relevance for cross-border data flows and international trade. It asks whether and how these FTAs have deliberately reacted to the increasing importance of data flows as well as to the trouble of governing them in the context of global governance
Cross-Border Economic Cooperation Between China and Southeast Asian Countries (Research Series on the Chinese Dream and China’s Development Path)
by Zanxin Wang Wei WeiThis book focuses on how to promote cross-border economic cooperation in the context of China national strategy including BRI. This book summarizes the existing regional economic development theories and sorts out the relevant theories of cross-border economic cooperation. Then, it analyzes the industrial development of China's southwestern border and neighboring countries, the main reasons of rural household poverty in the border ethnic areas by means of empirical methods, and proposes corresponding policy implications. Also, it explores the current border investment and trade policies of China, and compares the similarities and differences between China and Vietnam, and Laos and Myanmar.
Cross-border Electronic Banking: Challenges and Opportunities
by Chris Reed Ian Walden Laura EdgarCross-border Electronic Banking addresses everything from the changes made to payment clearing since the deregulation of cross-border flows of funds, to the development of capital adequacy ratios and the Euro. This insightful and revealing book, backed up by extensive practical experience, will alert you to the ways that electronic banking practices affect even the simplest daily transactions, and will unveil the legal technicalities imposed by these developments.
Cross-border EU Employment and its Enforcement: An Analysis of the Labour and Social Security Law Aspects and a Quest for Solutions
by Yves JorensThis book provides insights into the complex labour and social security framework of EU employment and its enforcement. Starting from an analysis of the various EU instruments and case law, it outlines the complicated legal framework, the practical problems involved, and ways to overcome them. In turn, the book puts the evolution of the framework into perspective, reviews the numerous modifications made over the years, and describes interpretation-related difficulties. Since the formation of the European Community 65 years ago, migration and the European labour market have evolved considerably through special patterns of (temporary) mobility such as postings, simultaneous work in several Member States and high mobility, thus leading to major questions about the applicable legal framework. The interplay between the free movement of persons and services has produced a complex system of rules. Which law applies when a person crosses a border: that of the host State (and to what extent should this State take into account the legal rules from the home State?) or that of the home State? Does the person crossing the border have any choice in the matter? The book subsequently analyses the penetration of EU (market) law into national systems of labour and social security law. The divergent solutions and views within labour and social security law are considered and discussed from a critical point of view. As the positive elements of the European story are at risk of being overshadowed by the negative consequences of the European construction – social dumping being the prime example – special attention is paid to the cooperation between inspection services and other stakeholders in order to guarantee efficient enforcement. The latter is more than just sanctioning, but also includes prevention and monitoring issues. The unique strength of this book is that it brings together all legal-technical aspects of cross-border employment and its enforcement in both labour law and social security law in a single volume. Readers will find a wealth of detailed and specialised information, helping them to understand the topic in depth. Accordingly, the book will be of interest to academics, practitioners, enforcement bodies, judiciary policymakers, advanced law students, and researchers seeking to understand the law in context.
The Cross-Border Family Wealth Guide: Advice on Taxes, Investing, Real Estate, and Retirement for Global Families in the U.S. and Abroad
by Andrew Fisher Tim KochisMake sense of international personal finance with expat-specific expert advice The Cross-Border Family Wealth Guide is the long-awaited financial handbook for cross border families, with expert insight from a financial advisor who specializes in expat issues. Whether you're an American living abroad, or foreign-born and living in the U.S., this book demystifies the complex issues surrounding the worldwide tax system, international information reporting, sensible investments, international real estate, and retirement planning. When your wealth crosses international borders, managing even the most mundane financial affairs can become wrought with time-consuming complexity; moving money, opening accounts, dealing with currency risks and translation, and setting up investments suddenly involves a whole new set of rules and regulations. Your 401(k), IRA, or annuity must be handled properly to retain certain tax benefits, and retirement planning takes on a brand new dimension of difficulty. This book shows you how to navigate the maze to make sure your money keeps working for you. Real world examples illustrate solutions to common problems, and real, actionable advice gives you a solid plan for your next steps. While personal finance management is rarely simple, the recent crackdown on tax havens and increased tax collection vigilance has made things even more difficult for cross border families. This book answers your questions, and shines a light on the way forward to long-term financial security for international families. Navigate the complexities of international taxation Get specific guidance on retirement planning Make sense of how real estate fits into your financial picture Invest appropriately to maximize growth for the future Manage your assets and tax benefits across borders With the right know-how, cross border professionals can make sensible investment and financial planning decisions, but credible guidance is rare and difficult to find. Simple and practical, with targeted advice, The Cross-Border Family Wealth Guide is the international family's solution for avoiding financial confusion.
Cross-Border Insolvency: The Enactment and Interpretation of the UNCITRAL Model Law
by Neil HannanThis book examines the effect of the adoption of the United Nations Committee on International Trade Law (UNCITRAL) Model Law on Cross-Border Insolvency in five common law jurisdictions, namely Australia, Canada, New Zealand, the United Kingdom, and the United States of America. It examines how each of those states has adopted, interpreted and applied the provisions of the Model Law, and highlights the effects of inconsistencies by examining jurisprudence in each of these countries, specifically how the Model Law affects existing principles of recognition of insolvency proceedings. The book examines how the UNCITRAL Guide to enactment of the Model Law has affected the interpretation of each of its articles and, in turn, the courts' ability to interpret and hence give effect to the purposes of the Model Law. It also considers the ability of courts to refer to amendments made to the Guide after enactment of the Model Law in a state, thereby questioning whe ther the current inconsistencies in interpretation can be overcome by UNCITRAL amending the Guide.
Cross-Border Insolvency Proceedings: Policies and Directives in the European Union
by Remigijus JokubauskasThis book presents an analysis of the effectiveness of European Union cross-border insolvency proceedings. It provides a thorough assessment of the development of cross-border insolvency proceedings established in the Regulation on Insolvency Proceedings ((EU) 2015/848) and how they contribute to the general goals of the EU internal market. Insolvency law has not been subject to a global mandatory harmonization process, with no globally biding legal act. Instead, the landscape of international insolvency law is characterized by a patchwork of national laws that seek to accommodate cross-border insolvencies and soft law agreements. In the EU cross-border insolvency law holds significant importance in ensuring the smooth operation of the internal market. Fostering international investments and legal foreseeability in insolvency proceedings, it upholds the fundamental freedoms within EU law. This book covers the main elements of EU cross-border insolvency law, such as jurisdiction, applicable law, recognition and enforcement of judgments. It also focuses on previously unexplored areas, such as the exercise of creditors' rights in cross-border insolvency cases and the tracing and recovery of assets and discusses the application of the Restructuring and Insolvency Directive ((EU) 2019/1023) in relation to the rescue of viable companies and the discharge of debts for insolvent entrepreneurs. This book will be of interest to students and practitioners of insolvency law, EU law and private international law. It will also be useful for national legislators and EU institutions working on the development of EU insolvency law.
Cross-Border Interbank Contagion Risk Analysis: Evidence from Selected Emerging and Less-Developed Economies in the Asia-Pacific Region (Elements in the Economics of Emerging Markets)
by Roman Matousek Ole RummelThis Element provides a detailed overview of the structural changes in the Asia-Pacific region from the early 2000s onwards. It reviews the most relevant literature on this important topic. The following two research areas are explored: first, by deploying visual network analysis (VNA), we analyse cross-border interbank claims and liabilities of the individual countries located in the Asia-Pacific region. Such an analysis evaluates interbank exposures to systematically important banks within the specific market. The important advantage of VNA is that it allows us to examine the 'hierarchical' cross-country interbank contagion risk that seems to have been neglected in similar studies. Secondly, we evaluate the contagion risk to the individual countries spreading from the financial centres in Hong Kong, Singapore, Tokyo, New York and London. The analysis unveils links and statistical factors that could be used as a key tool for detecting the potential triggers of systemic risk.
Cross-Border Investment Withholding Tax: A Practical Guide for Investors and Intermediaries (Finance and Capital Markets Series)
by Ross K. McGillThis book provides a clear and concise explanation of withholding tax and how to leverage best practice to generate improved investment performance. It gives practical guidance to financial service firms and investors to help them understand the issues involved, trends and practicalities of maximizing returns on investment.Most of the $200 billion of withholding tax lost by investors annually is due to lack of awareness and not asking the right questions of their brokers and custodian banks. Financial institutions are also increasingly being held to a higher standard by investors for provision of withholding tax services because of the impact it can have on portfolio performance. This book seeks to raise awareness of the issues and provide more detail about how the system works and what challenges and changes readers should expect in the future.
Cross-Border Labor Mobility: Historical and Contemporary Perspectives
by Caf DowlahThis book presents a comprehensive review of cross-border labor mobility from the ancient forms of slavery to the present day. The book covers African and Amerindian slaveries, indentured servitude of the Indians and the Chinese, guestworker programs, and contemporary labor migration focusing on the United States, the European Union, and the Gulf Region. The book highlights the economics and politics that condition such trends and patterns by addressing growing anti-immigrant sentiments, as well as restrictive measures in the developed world, and outlines inexorable forces that are likely to propel further expansion of cross-border mobility in the future. This multidisciplinary volume provides a highly dependable scholarly reference to researchers, students, academics as well as policy makers.
Cross-Border Life and Work: Social, Economic, Technological and Jurisdictional Issues (Contributions to Management Science)
by Peter Droege Stefan Güldenberg Marco J. Menichetti Stefan SeidelThis book discusses the risks, challenges, and opportunities of cross-border work and life from a multidisciplinary and multilevel perspective, including (a) the individual, (b) the social and organizational, and (c) the regional levels, taking into consideration the diverse and multilayered social, economic, technological, and jurisdictional issues involved.Emerging public policies and advanced information technologies (IT) have created new opportunities for work and life that thrive in global value chains and markets. Life, in general, and work, in particular, are increasingly organized across borders of various kinds and are subject to rapid change. At the same time, life and work have been determined by 19th and 20th century infrastructures and technologies. As a consequence, new strategies and measures are required for both physical and virtual work and life spaces.
Cross-Border Listings and Depositary Receipts
by Mihir A. Desai Kathleen Luchs Mark F. Veblen Ami Dave Maria Raga-FrancesThis case describes the varied instruments that have evolved to facilitate investments in foreign corporations, emphasizing American Depositary Receipts (ADRs) and cross-border listings. It describes the different types of ADRs and the regulatory requirements foreign corporations must meet to list their shares on U.S. stock exchanges. It examines the evolution of cross-border listings as well as recent developments, such as Globally Registered Shares. It also reviews the academic research on the motivations for cross-border listings and provides information on managerial views on the advantages and disadvantages of cross-border listings.
Cross-Border Logistics Operations: Effective Trade Facilitation and Border Management
by Andrew GraingerWith considerable turmoil in international trade and logistics it is more important than ever to understand trade and customs issues and their impact on logistics operations. At every port and border international freight operations are exposed to trade and customs procedures.Cross-Border Logistics Operations serves as a comprehensive guide and companion to the cross-border trade and customs environment and its implications for international business supply chains and their control. Inspired by the World Customs Organization's Professional Standards (also known as the WCO PICARD Standards), it provides key insights into transporting goods across borders and effectively managing the requirements for compliance and enforcement.International students, business operators and government officials will find the book rich in detail with practical examples that include the political, administrative, regulatory, technological and economic context throughout. It covers all the critical operational and legal aspects of cross-border logistics operations, including:-prevailing trade, customs and border policy-tariffs and import taxes -border management and supply chain security practices-prohibitions and restrictions-enforcement and compliance practices-supply chain and logistics arrangements-disaster relief operations-frictionless trade and trade facilitation principles.
Cross-Border Management: Theory, Method and Application (Developments In Environmental Science Ser. #4)
by Rongxing GuoThis book presents a new approach to management in an increasingly interactive world. In this context, the use of the word "new" has two meanings. The first relates to a new definition of borders (which are natural, institutional, functional, or mixed); the second concerns the fact that the book applies (and, where necessary, develops) analytical tools, methods and models that are different from those used in other similar books. The objectives of this book are: to clarify whether existing management theories and methods can be effectively applied in an entity (which can be defined as a sovereign country, a region, a community, a culture, or a firm) as the latter increasingly interacts with the rest of the world; to develop qualitative and quantitative methods to help leaders make optimal decisions for their entity and, at the same time, to maximize the positive (or minimize the negative) effects of those decisions on the rest of the world; and to design workable cross-border cooperation plans and conflict-management schemes that allow policy-makers to better cope with the challenges and problems posed by our increasingly interactive world.
Cross-Border Mergers: EU Perspectives and National Experiences (Studies in European Economic Law and Regulation #17)
by Thomas PapadopoulosThis edited volume focuses on specific, crucially important structural measures that foster corporate change, namely cross-border mergers. Such cross-border transactions play a key role in business reality, economic theory and corporate, financial and capital markets law. Since the adoption of the Cross-border Mergers Directive, these mergers have been regulated by specific legal provisions in EU member states. This book analyzes various aspects of the directive, closely examining this harmonized area of EU company law and critically evaluating cross-border mergers as a method of corporate restructuring in order to gain insights into their fundamental mechanisms. It comprehensively discusses the practicalities of EU harmonization of cross-border mergers, linking it to corporate restructuring in general, while also taking the transposition of the directive into account. Exploring specific angles of the Cross-border Mergers Directive in the light of European and national company law, the book is divided into three sections: the first section focuses on EU and comparative aspects of the Cross-border Mergers Directive, while the second examines the interaction of the directive with other areas of law (capital markets law, competition law, employment law, tax law, civil procedure). Lastly, the third section describes the various member states’ experiences of implementing the Cross-border Mergers Directive.
Cross-border Mergers and Acquisitions
by Ottorino Morresi Alberto PezziCross-Border Mergers and Acquisitionsis the first book to offer a complete guide to understanding the main concepts, theories, and results driving cross-border MAs.
Cross Border Mergers and Acquisitions: A Comparative Study between India and the USA
by B. N. RameshThis book presents a comparative analysis of cross-border mergers and acquisitions (CBMA) in terms of competitive framework and procedures between India and the United States of America. It discusses themes like statutes, regulations, rulings, legislations and analysis of CBMA; competition law, antitrust, and demerger; new legal initiatives by India like New Economic Policy (NEP), Goods and Services Tax (GST), demonetisation and amendments in the Foreign Exchange Management Act (FEMA); and the impact of COVID on CBMA, to showcase the challenges and opportunities of specific CBMA experience in India in a global framework. This book will be an essential read for scholars and researchers of law, corporate law, company law, international company law, corporate governance, international relations, public policy, international trade law, economics, and for practitioners, policymakers and consultants working on the subject.
Cross-Border Mergers and Acquisitions: UK Dimensions (Routledge Advances in Management and Business Studies)
by Moshfique Uddin Agyenim BoatengCross-border mergers and acquisitions (CBM&As) activity has become an important vehicle for firms’ internationalization and corporate restructuring over the past three decades. Despite the huge volume of global CBM&A activity, however, there are few books which carefully explore the strategies, motives, and consequences of global mergers and acquisitions. This book discusses and synthesizes the theoretical literature on the motivation and performance of international merger activities. Focusing on the UK as a top acquiring country in the European Union, the authors explore the recent trends in cross-border mergers and acquisitions, motives for cross-border mergers and acquisitions, the mergers integration process, home and host countries’ macroeconomic consequences on mergers and acquisitions, and shareholder’s wealth effects on CBM&A. This book explores and sheds much-needed light on the UK CBM&A market, what drives it, and what lessons can be learned for other regions around the globe.
Cross-Border Mergers in Europe
by Dirk Van GervenThis discussion of the Cross-Border Merger Directive and its implementing legislation in each Member State of the European Union and the European Economic Area provides companies and their advisors with useful insight into the legal framework applicable to, and the tax treatment of, cross-border mergers throughout the European Economic Area. Analysis of the Community rules laid down in the Cross-Border Merger Directive and the Community rules on the tax treatment of cross-border mergers is complemented by chapters on the implementing legislation in each Member State, prepared in accordance with a common format and contributed by a practitioner from each state. Annexes contain the Cross-Border Merger Directive (Annex I), the Parent-Subsidiary Directive (Annex II) and a list of the implementing legislation in each Member State (Annex III).
A Cross-Border-Only Regulation for Consumer Transactions in the EU: A Fresh Approach to EU Consumer Law (SpringerBriefs in Business)
by Christian Twigg-FlesnerFor almost three decades, the European Union (EU) has adopted measures to regulate consumer transactions within the internal market created by the EU Treaties. Existing legislation is largely based on directives harmonizing aspects of national consumer laws. This Brief argues that a more appropriate approach for EU consumer law would be legislation in the form of a regulation which is applicable to cross-border transactions only. The author considers the constitutional constraints of the EU Treaties, before examining the case for a cross-border-only measure. He argues that the cross-border approach is preferable, because it would provide clearer benefits for consumers seeking to buy goods and services across borders, while not upsetting domestic law unnecessarily--in particular in the context of e-commerce, with implications for industry, policymaking, and regional development. The Brief concludes by suggesting that a successful EU measure on cross-border consumer transactions could create a template for global initiatives for transnational consumer law.
Cross-Border Outsourcing and Boundaries of Japanese Firms: A Microdata Economic Analysis (Advances in Japanese Business and Economics #18)
by Eiichi TomiuraThis book is the first book that provides comprehensive economic analysis of cross-border outsourcing by Japanese manufacturing firms based on microdata. Previous literature on many other countries has often been constrained by limited data availability about outsourcing, but research contained in this book exploits unique firm-level data and directly tests theoretical hypotheses derived from new firm heterogeneity trade models. Productivity, capital–labor ratio and R&D intensity are examined at the firm level. While rich empirical results in this book convince us how powerful the orthodox economic theory is in understanding Japanese firms, detailed firm-level findings, combined with accessible and concise overviews of Japanese international trade, are widely informative for international economists, experts of Japanese society, business strategists for offshoring, and policy makers in both developed and developing economies. This book further discusses how boundaries of Japanese firms, traditionally sheltered by language and cultural barriers, are affected by outsourcing decisions simultaneously crossing national borders and firm boundaries. The interpretations of Japanese characteristics in outsourcing have deep implications for understanding drastically changing Japanese business amid globalization.
Cross-Border Renewable Energy Transitions: Lessons from Europe's Upper Rhine Region (Routledge Studies in Energy Transitions)
by Philippe HammanThis book explores the intrinsically multiscale issue of renewable energy transition from a local, national and transnational perspective, and provides insights into current developments in the Upper Rhine Region that can serve as an international model. Organised around the exploration of stakeholder issues, the volume first describes a framework for public action and modelling and then articulates a triple complementary focus from the viewpoint of law, economics and sociology. This multidisciplinary approach is anchored in the social sciences, but also explores the ways in which technological issues are increasingly debated in the implementation of the ecological transition. With a focus on the Upper Rhine Region of France, Germany and Switzerland, the contributions throughout analyse how concrete regional projects emerge, and whether they are carried out by local authorities, private energy groups, network associations or committed citizens. From this, it appears that real-world energy transition modes can be best understood as permanent transactional processes involving institutional regulations, economic levers and barriers and social interactions. This book will be of interest to advanced students and scholars focusing on renewable energy transition, stakeholder issues, environment and sustainability studies, as well as those who are interested in the methodological aspects of the social sciences, especially within the fields of sociology, law, economy, geography, political science, urbanism and planning.
Cross-border Staff Mobility
by Christel Adick Bruno Gandlgruber Martina Maletzky Ludger PriesCross-Border Staff Mobility addresses several research gaps in the study of organisations and rarely analysed areas such as the non-profit sector (NPOs). The book presents research on multinational corporations (MNCs) in emerging markets and integrates studies of MNCs and NPOs originating from Germany and Mexico (while most studies focus on US-American and English speaking organisations). This volume combines approaches from human resource management, business studies and organisation research, and incorporates micro- and macro-perspectives on organisations and institutions by using situational and neo-institutionalist frames.
A Cross Border Study of Freezing Orders and Provisional Measures: Does Mareva Rule the Waves? (SpringerBriefs in Law)
by Tibor Tajti Peter IglikowskiThis book compares the law on provisional measures of common law and civil law countries, the goal being to identify and compare their main advantages and disadvantages. The guiding concept is a well-known statement by the Justices of the US Supreme Court expressed in the famous Grupo Mexicano case, according to which the “age of slow-moving capital and comparatively immobile wealth” has now passed, and the 21st century requires a fresh look at the law of provisional measures. In the quest to find a model for interim relief, the Mareva Injunction, subsequently renamed the ‘Freezing Order’ in the English Civil Procedural Rules, is used as the benchmark to which each of the targeted systems discussed here is compared. This is because international scholarship, as well as e.g. the US Supreme Court, generally consider the Mareva Injunction to be the most effective and farthest-reaching provisional remedy. The analysis suggests that the Mareva Injunction / Freezing Order represents the type of relief that will most likely continue to dominate as the most efficient and farthest-reaching interim measure in the years to come.
Cross-border Transactions of Intermediated Securities: A Comparative Analysis in Substantive Law and Private International Law
by Changmin ChunThis work aims to analyse substantive and conflict of laws rules regarding intermediated securities in a comparative way. For this purpose, it examines major jurisdictions' rules for intermediated securities and the intermediated securities holding systems, such as the rules of the German, US, Korean, Japanese and Swiss systems, as well as the relevant EU regimes and initiatives. Above all, it analyses the two international instruments related to intermediated securities, i.e. the Geneva Securities Convention and the Hague Securities Convention. Through a functional comparative approach based upon legal traditions of the various jurisdictions, this book gives readers theoretical and practical information on intermediated securities and their national and international aspects.