Copyright (c) 2009 University of Georgia School of Law All rights reserved. http://digitalcommons.law.uga.edu/stu_llm Recent documents in LLM theses en-us Fri, 31 Jul 2009 18:17:09 PDT 3600 http://digitalcommons.law.uga.edu/stu_llm/96 http://digitalcommons.law.uga.edu/stu_llm/96 Wed, 29 Jul 2009 13:20:57 PDT Foreign direct investments in the United States have increased significantly over the last several years. Although not a newphenomenon the acceleration of the growth is noteworthy. In 1980 foreign investors spent $11 billion to acquire or establish businessesin the United States, which increased the foreign direct investment position at the end of the year to 20% or $65 billion. Though the 1980 increase was less than the $12 billion inflow the foreign investment position remains significant. Moreover, there is an increased rate of reinvested earnings by incorporated affiliates.This thesis concentrates on the influence offiscal policy on the economic system and specifically on foreign investments in the U.S. It tries to illuminate the importance and characteristics of fiscal policy, the tools of fiscal policy, and the tool's impacts on the investment climate in the U.S. as relevantfactors in the foreign investment decision making process. Gerd Braunig http://digitalcommons.law.uga.edu/stu_llm/95 http://digitalcommons.law.uga.edu/stu_llm/95 Wed, 29 Jul 2009 07:19:56 PDT Several interesting developments indicate that world attention is increasingly focusing on a "novel" category of trade barriers: non-tariff and non-border barriers. Following the Uruguay Round (the eighth round of negotiations under the General Agreement on Tariffs and Trade, "GATT"), scholars and officers of international organizations have expressed hope that international market contestability will become a major goal of future international policy negotiations. Their studies have focused on the links between trade policy and competition policy, and have concluded that anticompetitive business practices are a potent barrier to international market contestability and might cause a loss of confidence in the free trade ideal.The present work is dedicated to analyzing and developing a thorough understanding of the nature of private and hybrid private-public business practices affecting market access and contestability. The conclusions of the present work will show how the WTO panel decision in the film and paper case might affect the current international efforts to bring the issues of restrictive business practices within the competence of the WTO. Massimo G. Manzoni http://digitalcommons.law.uga.edu/stu_llm/94 http://digitalcommons.law.uga.edu/stu_llm/94 Thu, 11 Dec 2008 13:38:51 PST This thesis makes a comparison between a consumption tax and the current Federal Income Tax in order to establish which would be fairer, simpler, more efficient and feasible for the United States. Issues such as which of the two tax systems would be easier to apply, and which would yield enough revenue for the fiscal budget are addressed. The thesis argues that a consumption tax would be more suitable for the United States and in particular makes reference to the Fair Tax plan which is a proposal to replace the current federal income tax with a national retail sales tax. This paper concludes that the Fair Tax plan would be more suitable for the United States than the current Federal Income Tax. Shelly-Ann R. Tomlinson http://digitalcommons.law.uga.edu/stu_llm/93 http://digitalcommons.law.uga.edu/stu_llm/93 Thu, 11 Dec 2008 13:38:47 PST Where should China's financial business be going? What would China's financial industry look like? Should it continue the segregation along different financial lines adopted since 1995, or repeal the lines? What kind of model of financial conglomeration should China adopt? These questions are particularly significant especially after China's entry into the World Trade Organization. According to the General Agreement on Trade in Service, China must open up the financial markets in five years. China's financial institutions will be facing international rivals by then. The United States and European Union has adopted the financial holding company and universal bank system respectively. This article will take analysis the advantages and disadvantages of these two systems, and answer questions mentioned above. Ye Wang http://digitalcommons.law.uga.edu/stu_llm/92 http://digitalcommons.law.uga.edu/stu_llm/92 Thu, 11 Dec 2008 13:38:44 PST The Trade Barriers Regulation and Foreign Trade Barriers Investigation Rules are enacted in the European Union and China respectively. Both of them establish a procedure for the private sector to petition the government to challenge foreign trade barriers. Through the comparative study on the two pieces of law, this paper intends to dig out the similarities and differences between them and develop some suggestions for the improvement of them. Junrong Song http://digitalcommons.law.uga.edu/stu_llm/91 http://digitalcommons.law.uga.edu/stu_llm/91 Thu, 11 Dec 2008 13:38:42 PST The nomination procedure for the Arbitral Tribunal in commercial arbitration is one of the crucial points in the arbitral procedure. Parties have to have in mind the provisions of the New York Convention regarding the setting aside of an award in case of a failure during the nomination procedure of the tribunal. Besides from the famous Dutco case on multi-party arbitrations and their nomination procedures have received highest interest within the international arbitral world. As the thesis will comparatively show, all major arbitral institutions have updated their Rules, countries have even rendered new legislation with respect to the nomination procedure for multiple parties. The thesis does not deal however with the different types of and reasons for multiple parties, commonly known as joined arbitration. Marie-Beatrix Tupy http://digitalcommons.law.uga.edu/stu_llm/90 http://digitalcommons.law.uga.edu/stu_llm/90 Thu, 11 Dec 2008 13:38:39 PST Foreign Direct Investment (FDI) has a global character. As globalization grows, foreign direct investment grows. This research analyses the relationship between foreign direct investment and developing countries. The main contributors to foreign direct investment are multinational corporations and this research will show the impact of this kind of investment on the economy of developing countries. The research will show the way the developing countries try to benefit from FDI in order to complement their economic growth. This thesis will analyze the incentives and regulations the developing countries use to attract FDI and what needs to be done to make this type of investment beneficial for developing world. The thesis concludes that countries can not rely only on FDI as a panacea for treating economic and social problems. The governments should regulate FDI accordingly to benefit the economy and people. Dauren B. Tynybekov http://digitalcommons.law.uga.edu/stu_llm/89 http://digitalcommons.law.uga.edu/stu_llm/89 Thu, 11 Dec 2008 12:29:26 PST Shareholders' Agreements are contractual devices to manage tensions among shareholders of a corporation. These agreements have a wide scope related to shareholders' interest. Nevertheless, before subscribing a shareholder agreement is important to determine the requirements to make it enforceable. This issue has been addressed in the last twenty years by state corporate statutes following the Model Business Corporation Act and the Delaware General Corporation Law and in different court decisions. Today, shareholders' agreements will be enforced according to the terms defined by the parties unless the agreement injures non-participating shareholders, third parties or is against public policy. Ricardo Molano Leon http://digitalcommons.law.uga.edu/stu_llm/88 http://digitalcommons.law.uga.edu/stu_llm/88 Thu, 11 Dec 2008 12:29:24 PST This paper seeks to analyze the international laws governing the use of children in armedconflict. Despite the prohibition of the use of child soldiers in armed conflict in internationallaw, States and non-State actors continue to actively recruit, abduct, and directly use children,some as young as eight, in hostilities. International humanitarian law's limited scope prevents itfrom protecting the worldÕs most vulnerable children, child soldiers, while human rightsinstruments adopted to make up for these limitations lack enforcement mechanisms, thereforerendering the much-needed protection for child soldiers inadequate. As development ofinternational law concerning child soldiers progresses on paper, progress on the ground lagsbehind, thus creating a gap between progress in the law and the enforcement of this law on theground. The international community needs to take steps to bridge this gap so that the practiceon the ground is at par with the law. The term Òuse of child soldiersÓ means recruitment,utilization, and participation of children in armed conflict. Dorcas B. Mulira http://digitalcommons.law.uga.edu/stu_llm/87 http://digitalcommons.law.uga.edu/stu_llm/87 Thu, 11 Dec 2008 12:29:22 PST Mexico and the United States have had throughout their history very different experiences in their international relations and thus different approaches towards foreign investment. Both Mexican and American corporations looking to invest in each others countries have to face several restrictions in their attempt to conduct business. These restrictions are constantly changing as the needs and circumstances in each country change. The United States throughout most of its history has had for the most part, a very open policy towards foreign investment. Mexico has been throughout most of its history, on the other side, adopting very restrictive measures towards foreign investment. This however has changed drastically in the last two decades. It is therefore important for corporations in these countries who conduct business whith each other, or have the intention to do so, to have a good understanding of the restrictions imposed in these countries and how these might change. Dennis Rios