The document lists various powers of government including borrowing and collecting taxes, building infrastructure like roads, chartering corporations and banks, declaring war, establishing courts and local governments, issuing licenses, making and enforcing laws, regulating commerce within and between states, printing currency, providing public services like education, police and military, and conducting foreign relations and treaties.
The document summarizes key concepts and provisions of US antitrust laws, including the Sherman Act and Clayton Act. It discusses prohibited activities like price fixing, monopolization, and mergers. It also outlines enforcement agencies and private rights of action under antitrust laws, as well as statutory exemptions.
This document summarizes key Supreme Court cases related to Congress's power to regulate interstate commerce under the Commerce Clause of the US Constitution. It discusses early 20th century cases that established Congress can regulate intrastate activities that substantially affect interstate commerce like Wickard v. Filburn. Later cases upheld civil rights and healthcare laws, while others placed limits, finding certain activities like growing marijuana for personal use were not economic in nature.
The document discusses several key principles and doctrines of international law:
1) The principle of comity refers to nations deferring to each other's laws and judgments as long as they are consistent with their own laws and policies.
2) The act of state doctrine prevents courts from examining the validity of public acts committed by foreign governments within their own territory.
3) Under the Foreign Sovereign Immunities Act, foreign states can be subject to US jurisdiction based on their commercial activities and certain other exceptions.
The document summarizes the Foreign Corrupt Practices Act (FCPA) of 1977, which makes it unlawful for certain classes of persons and entities to make payments to foreign government officials to obtain or retain business. Violations of the FCPP can result in fines up to $2 million for corporations and $1 million for individuals, as well as imprisonment up to 5 years. Enforcement of the FCPA increased in the 2000s, with the SEC and DOJ bringing numerous cases. Following the FCPA, several other countries adopted similar laws against foreign bribery.
NEW US SENATE BILL COULD BE A THREAT TO BITCOIN INNOVATIONSteven Rhyner
The proposed US Senate Bill S.1241 aims to modernize money laundering laws to fight terrorism and criminal organizations by targeting their funding sources. However, experts warn that the bill's provisions targeting cryptocurrencies like Bitcoin may stifle financial innovation. While the bill's supporters argue it is necessary to address evolving threats, others believe its regulations could unduly burden digital currency companies without strong evidence that terrorists significantly use these technologies. There are concerns the bill could hinder the growth of blockchain technology without meaningfully enhancing anti-money laundering efforts.
The documents discuss the history and purpose of antitrust laws in the United States. The Sherman Antitrust Act was passed in 1890 as the first antitrust law, prohibiting monopolies and trusts that could artificially reduce supply and increase prices. It aimed to promote competition by preventing competitors from forming agreements or monopolies that restricted trade. Subsequent acts like the Clayton Act added further restrictions on mergers and pricing practices. Enforcement of antitrust law seeks to ensure fair competition in the belief that it benefits the economy, businesses, and consumers.
Federalist Papers No 42, Powers of The Constitution cont.Chuck Thompson
Federalist Papers No 42, Powers of The Constitution cont. Liberty Education Series. Gloucester Virginia Links and News website. Visit us. http://www.gloucestercounty-va.com
The document lists various powers of government including borrowing and collecting taxes, building infrastructure like roads, chartering corporations and banks, declaring war, establishing courts and local governments, issuing licenses, making and enforcing laws, regulating commerce within and between states, printing currency, providing public services like education, police and military, and conducting foreign relations and treaties.
The document summarizes key concepts and provisions of US antitrust laws, including the Sherman Act and Clayton Act. It discusses prohibited activities like price fixing, monopolization, and mergers. It also outlines enforcement agencies and private rights of action under antitrust laws, as well as statutory exemptions.
This document summarizes key Supreme Court cases related to Congress's power to regulate interstate commerce under the Commerce Clause of the US Constitution. It discusses early 20th century cases that established Congress can regulate intrastate activities that substantially affect interstate commerce like Wickard v. Filburn. Later cases upheld civil rights and healthcare laws, while others placed limits, finding certain activities like growing marijuana for personal use were not economic in nature.
The document discusses several key principles and doctrines of international law:
1) The principle of comity refers to nations deferring to each other's laws and judgments as long as they are consistent with their own laws and policies.
2) The act of state doctrine prevents courts from examining the validity of public acts committed by foreign governments within their own territory.
3) Under the Foreign Sovereign Immunities Act, foreign states can be subject to US jurisdiction based on their commercial activities and certain other exceptions.
The document summarizes the Foreign Corrupt Practices Act (FCPA) of 1977, which makes it unlawful for certain classes of persons and entities to make payments to foreign government officials to obtain or retain business. Violations of the FCPP can result in fines up to $2 million for corporations and $1 million for individuals, as well as imprisonment up to 5 years. Enforcement of the FCPA increased in the 2000s, with the SEC and DOJ bringing numerous cases. Following the FCPA, several other countries adopted similar laws against foreign bribery.
NEW US SENATE BILL COULD BE A THREAT TO BITCOIN INNOVATIONSteven Rhyner
The proposed US Senate Bill S.1241 aims to modernize money laundering laws to fight terrorism and criminal organizations by targeting their funding sources. However, experts warn that the bill's provisions targeting cryptocurrencies like Bitcoin may stifle financial innovation. While the bill's supporters argue it is necessary to address evolving threats, others believe its regulations could unduly burden digital currency companies without strong evidence that terrorists significantly use these technologies. There are concerns the bill could hinder the growth of blockchain technology without meaningfully enhancing anti-money laundering efforts.
The documents discuss the history and purpose of antitrust laws in the United States. The Sherman Antitrust Act was passed in 1890 as the first antitrust law, prohibiting monopolies and trusts that could artificially reduce supply and increase prices. It aimed to promote competition by preventing competitors from forming agreements or monopolies that restricted trade. Subsequent acts like the Clayton Act added further restrictions on mergers and pricing practices. Enforcement of antitrust law seeks to ensure fair competition in the belief that it benefits the economy, businesses, and consumers.
Federalist Papers No 42, Powers of The Constitution cont.Chuck Thompson
Federalist Papers No 42, Powers of The Constitution cont. Liberty Education Series. Gloucester Virginia Links and News website. Visit us. http://www.gloucestercounty-va.com
SEC obtains record US$ 92.8 million penalty against Raj RajaratnamAndres Baytelman
The SEC obtained a record $92.8 million penalty against hedge fund manager Raj Rajaratnam for widespread insider trading. This is the largest penalty ever against an individual in an SEC insider trading case. Rajaratnam was found guilty of insider trading that generated over $52 million in illicit gains and was ordered to pay over $156.6 million in civil and criminal penalties and fines. The SEC's action against Rajaratnam was part of a larger probe that has resulted in charges against 29 individuals and entities for over $90 million in illegal profits.
The document discusses various tactics used by lobbyists in California politics, including winning procedurally, mobilizing public opinion, influencing legislation through the budget process or courts, and direct negotiations. It provides examples of utilities deregulation in the 1990s and the growth of tribal gaming after the Indian Gaming Regulatory Act. The California Correctional Peace Officers Association and Indian tribes are identified as major players that have gained political power through campaign contributions.
This document provides an overview of doing business in Vietnam. It discusses how to access the Vietnamese market through establishing a corporate entity or partnership. It also covers understanding state-owned enterprises like PVN, dealing with corruption, intellectual property issues, and competition law compliance. The document recommends foreign companies partner with well-connected local firms, take advantage of trade agreements, and pressure Vietnam to improve transparency in government procurement to help mitigate challenges in the market.
The UK Bribery Act 2010 introduces several new bribery offenses that expand the UK's jurisdiction over bribery. It prohibits bribery of foreign officials, private individuals, and failure by companies to prevent bribery. It covers both UK and non-UK companies that do business in the UK. Penalties are severe, including up to 10 years in prison and unlimited fines. Guidance on an "adequate procedures" defense for companies is forthcoming but compliance is critical to avoid prosecution under the Act's broad reach.
This document discusses high-velocity enforcement of the Foreign Corrupt Practices Act (FCPA) by the Department of Justice and Securities and Exchange Commission from 2002 to 2010. It notes increasing penalties imposed on corporations during this period and analyzes current enforcement trends, including more prosecutions of foreign companies and increased coordination with Latin American countries. The document also examines elements of the FCPA offense, exceptions, and outlines best practices for designing an effective anti-corruption compliance program.
The document discusses the United States' use of limitation on benefits (LOB) clauses in tax treaties to prevent treaty shopping. It provides background on the development of LOB provisions, describing early treaty shopping schemes and the US response. It outlines the key tests in LOB articles, including ownership/base erosion tests and active trade or business tests. It also discusses the interaction of LOB clauses with European Union law and whether they infringe on treaty freedoms.
This document discusses US antitrust laws including the Sherman Antitrust Act of 1890 and the Clayton Act of 1914. It provides details on types of activities that are considered per se violations under Section 1 of the Sherman Act such as horizontal price fixing. It also discusses enforcement of these laws both within and outside the US, noting that US courts can apply antitrust laws extraterritorially if certain jurisdictional tests are met. These tests examine a defendant's contacts with the US and whether their conduct was intended to impact US commerce.
The document discusses several pieces of US legislation aimed at combating money laundering and other financial crimes. It outlines laws such as the Bank Secrecy Act of 1970, Money Laundering Control Act of 1986, Anti-Drug Abuse Act of 1988, and the USA PATRIOT Act of 2001. These laws established reporting requirements for financial institutions, made money laundering a federal crime, increased penalties for noncompliance, and enhanced anti-money laundering efforts. The document also discusses the role of the Office of Foreign Assets Control (OFAC) in administering sanctions and publishing restricted lists.
The document is a summary of frequently asked questions from the CFTC's cross-border guidance. It defines key terms like U.S. person, foreign branch, and affiliate conduit. For U.S. person, it provides a broad definition that includes natural persons residing in the U.S., entities organized in the U.S., certain trusts, collective investment vehicles majority-owned by U.S. persons, and entities with unlimited liability that are majority-owned by U.S. persons. It also considers factors like a party's connections to U.S. commerce in determining U.S. person status. For foreign branches, it notes they are considered part of the principal U.S. entity but may
Testimony Before Senate Standing Committee on Banking, Trade, and Commerce In...LexSage PC
Cyndee Todgham Cherniak and Jon Johnson testified before the Senate Standing Committee on Banking, Trade, and Commerce Internal Barriers to Trade on May 11, 2016.
For more information, please contact Cyndee at cyndee@lexsage.com or at 416-307-4168. Alternatively, visit www.lexsage.com.
The document discusses the history and key aspects of the UK Bribery Act of 2010. It traces the origins of the Act back to the impeachment of Warren Hastings in the late 18th century. The Act established the toughest anti-corruption laws in the world, criminalizing bribery of foreign and domestic officials. It has near universal jurisdiction and harsh penalties like 10 years imprisonment. While there have been few prosecutions so far, the Act has implications for Australian companies with UK ties who may need to comply. Voluntary compliance is recommended as it can be integrated into existing fraud prevention and brings competitive advantages to organizations.
This document discusses competitive free markets and government regulation of markets. It outlines the criteria for perfect competition and threats to competition such as monopoly, oligopoly, and anti-competitive practices. It describes major US antitrust laws and enforcement by the Department of Justice and Federal Trade Commission. Specific anti-competitive practices like price fixing, mergers, and tying arrangements are explained. The document provides examples and discusses the economic and moral effects of threats to competition.
This document discusses several ways that trade can impact the environment, including how poorly defined property rights or uninternalized externalities can lead to detrimental environmental effects. It also examines how pollution levels may change in "pollution havens" due to composition, technique, or scale effects. Additionally, it outlines Porter's hypothesis that environmental regulation could increase productivity through induced innovation, and discusses implications of the Environmental Kuznets Curve and investor protections under NAFTA.
This presentation on the new global law enforement effort against corruption, white collar crime, and anti-trust/anticartel behavior was first presented in London in November 2008. The presenters followed up with a presentation in November of 2009 in St. Louis. Copyright HBS and AG, 2008 and 2009.
The document discusses the Black Lives Matter movement from several perspectives:
- Black Lives Matter aims to address racial inequalities faced by black people but is criticized for not acknowledging issues within black communities or other lives lost to police violence.
- While the movement began focusing on racially motivated police killings, some argue it has lost focus by opposing issues like a public library banning race-exclusive meetings.
- Statistics show more white people, not just black people, are killed by police each year, regardless of race people may be misperceived as armed threats. However, the Black Lives Matter website focuses on spreading their message through social media rather than detailing short-term policy goals.
πως ανακοινωνουμε μια προβληματικη συμπεριφορα παιδιου και πωςArgiro Anthopoulou
Πως ανακοινώνουμε μια προβληματική συμπεριφορά παιδιού και πως αναπτύσσουμε συνεργατικές πρακτικές με την οικογένεια
-Θεωρίες και μοντέλα επικοινωνίας σχολείου - οικογένειας
-Πλεονεκτήματα συνεργασίας σχολείου - οικογένειας
- Παραδείγματα συζήτησης με ένα γονέα
International day against drug abuse and illicit traffickingFire Wallet
The document discusses the United Nations' International Day Against Drug Abuse and Illicit Trafficking, which aims to raise awareness of the major problems illicit drugs pose to society. It notes that drug trafficking has transformed from a social and criminal problem into a major threat to health and security, exacerbating issues like addiction, money laundering, and political instability in West Africa. The document also provides statistics on global illicit drug use and lists various health risks of substance abuse as well as its impacts on healthcare costs, crime, and domestic violence.
Creating a budget is important for several reasons: it acts as a roadmap for your money, helps you reach financial goals both short and long term, and relieves ongoing stress. While some make excuses that budgets are too time consuming or complicated, getting started is simple - set financial goals, know your income and expenses, prioritize needs over wants, track your spending, and adjust categories as needed. Following a debt snowball method of paying off debts from smallest to largest can also help reduce debt over time. With dedication and setting small, attainable goals, creating and sticking to a budget allows your money to work for you.
SEC obtains record US$ 92.8 million penalty against Raj RajaratnamAndres Baytelman
The SEC obtained a record $92.8 million penalty against hedge fund manager Raj Rajaratnam for widespread insider trading. This is the largest penalty ever against an individual in an SEC insider trading case. Rajaratnam was found guilty of insider trading that generated over $52 million in illicit gains and was ordered to pay over $156.6 million in civil and criminal penalties and fines. The SEC's action against Rajaratnam was part of a larger probe that has resulted in charges against 29 individuals and entities for over $90 million in illegal profits.
The document discusses various tactics used by lobbyists in California politics, including winning procedurally, mobilizing public opinion, influencing legislation through the budget process or courts, and direct negotiations. It provides examples of utilities deregulation in the 1990s and the growth of tribal gaming after the Indian Gaming Regulatory Act. The California Correctional Peace Officers Association and Indian tribes are identified as major players that have gained political power through campaign contributions.
This document provides an overview of doing business in Vietnam. It discusses how to access the Vietnamese market through establishing a corporate entity or partnership. It also covers understanding state-owned enterprises like PVN, dealing with corruption, intellectual property issues, and competition law compliance. The document recommends foreign companies partner with well-connected local firms, take advantage of trade agreements, and pressure Vietnam to improve transparency in government procurement to help mitigate challenges in the market.
The UK Bribery Act 2010 introduces several new bribery offenses that expand the UK's jurisdiction over bribery. It prohibits bribery of foreign officials, private individuals, and failure by companies to prevent bribery. It covers both UK and non-UK companies that do business in the UK. Penalties are severe, including up to 10 years in prison and unlimited fines. Guidance on an "adequate procedures" defense for companies is forthcoming but compliance is critical to avoid prosecution under the Act's broad reach.
This document discusses high-velocity enforcement of the Foreign Corrupt Practices Act (FCPA) by the Department of Justice and Securities and Exchange Commission from 2002 to 2010. It notes increasing penalties imposed on corporations during this period and analyzes current enforcement trends, including more prosecutions of foreign companies and increased coordination with Latin American countries. The document also examines elements of the FCPA offense, exceptions, and outlines best practices for designing an effective anti-corruption compliance program.
The document discusses the United States' use of limitation on benefits (LOB) clauses in tax treaties to prevent treaty shopping. It provides background on the development of LOB provisions, describing early treaty shopping schemes and the US response. It outlines the key tests in LOB articles, including ownership/base erosion tests and active trade or business tests. It also discusses the interaction of LOB clauses with European Union law and whether they infringe on treaty freedoms.
This document discusses US antitrust laws including the Sherman Antitrust Act of 1890 and the Clayton Act of 1914. It provides details on types of activities that are considered per se violations under Section 1 of the Sherman Act such as horizontal price fixing. It also discusses enforcement of these laws both within and outside the US, noting that US courts can apply antitrust laws extraterritorially if certain jurisdictional tests are met. These tests examine a defendant's contacts with the US and whether their conduct was intended to impact US commerce.
The document discusses several pieces of US legislation aimed at combating money laundering and other financial crimes. It outlines laws such as the Bank Secrecy Act of 1970, Money Laundering Control Act of 1986, Anti-Drug Abuse Act of 1988, and the USA PATRIOT Act of 2001. These laws established reporting requirements for financial institutions, made money laundering a federal crime, increased penalties for noncompliance, and enhanced anti-money laundering efforts. The document also discusses the role of the Office of Foreign Assets Control (OFAC) in administering sanctions and publishing restricted lists.
The document is a summary of frequently asked questions from the CFTC's cross-border guidance. It defines key terms like U.S. person, foreign branch, and affiliate conduit. For U.S. person, it provides a broad definition that includes natural persons residing in the U.S., entities organized in the U.S., certain trusts, collective investment vehicles majority-owned by U.S. persons, and entities with unlimited liability that are majority-owned by U.S. persons. It also considers factors like a party's connections to U.S. commerce in determining U.S. person status. For foreign branches, it notes they are considered part of the principal U.S. entity but may
Testimony Before Senate Standing Committee on Banking, Trade, and Commerce In...LexSage PC
Cyndee Todgham Cherniak and Jon Johnson testified before the Senate Standing Committee on Banking, Trade, and Commerce Internal Barriers to Trade on May 11, 2016.
For more information, please contact Cyndee at cyndee@lexsage.com or at 416-307-4168. Alternatively, visit www.lexsage.com.
The document discusses the history and key aspects of the UK Bribery Act of 2010. It traces the origins of the Act back to the impeachment of Warren Hastings in the late 18th century. The Act established the toughest anti-corruption laws in the world, criminalizing bribery of foreign and domestic officials. It has near universal jurisdiction and harsh penalties like 10 years imprisonment. While there have been few prosecutions so far, the Act has implications for Australian companies with UK ties who may need to comply. Voluntary compliance is recommended as it can be integrated into existing fraud prevention and brings competitive advantages to organizations.
This document discusses competitive free markets and government regulation of markets. It outlines the criteria for perfect competition and threats to competition such as monopoly, oligopoly, and anti-competitive practices. It describes major US antitrust laws and enforcement by the Department of Justice and Federal Trade Commission. Specific anti-competitive practices like price fixing, mergers, and tying arrangements are explained. The document provides examples and discusses the economic and moral effects of threats to competition.
This document discusses several ways that trade can impact the environment, including how poorly defined property rights or uninternalized externalities can lead to detrimental environmental effects. It also examines how pollution levels may change in "pollution havens" due to composition, technique, or scale effects. Additionally, it outlines Porter's hypothesis that environmental regulation could increase productivity through induced innovation, and discusses implications of the Environmental Kuznets Curve and investor protections under NAFTA.
This presentation on the new global law enforement effort against corruption, white collar crime, and anti-trust/anticartel behavior was first presented in London in November 2008. The presenters followed up with a presentation in November of 2009 in St. Louis. Copyright HBS and AG, 2008 and 2009.
The document discusses the Black Lives Matter movement from several perspectives:
- Black Lives Matter aims to address racial inequalities faced by black people but is criticized for not acknowledging issues within black communities or other lives lost to police violence.
- While the movement began focusing on racially motivated police killings, some argue it has lost focus by opposing issues like a public library banning race-exclusive meetings.
- Statistics show more white people, not just black people, are killed by police each year, regardless of race people may be misperceived as armed threats. However, the Black Lives Matter website focuses on spreading their message through social media rather than detailing short-term policy goals.
πως ανακοινωνουμε μια προβληματικη συμπεριφορα παιδιου και πωςArgiro Anthopoulou
Πως ανακοινώνουμε μια προβληματική συμπεριφορά παιδιού και πως αναπτύσσουμε συνεργατικές πρακτικές με την οικογένεια
-Θεωρίες και μοντέλα επικοινωνίας σχολείου - οικογένειας
-Πλεονεκτήματα συνεργασίας σχολείου - οικογένειας
- Παραδείγματα συζήτησης με ένα γονέα
International day against drug abuse and illicit traffickingFire Wallet
The document discusses the United Nations' International Day Against Drug Abuse and Illicit Trafficking, which aims to raise awareness of the major problems illicit drugs pose to society. It notes that drug trafficking has transformed from a social and criminal problem into a major threat to health and security, exacerbating issues like addiction, money laundering, and political instability in West Africa. The document also provides statistics on global illicit drug use and lists various health risks of substance abuse as well as its impacts on healthcare costs, crime, and domestic violence.
Creating a budget is important for several reasons: it acts as a roadmap for your money, helps you reach financial goals both short and long term, and relieves ongoing stress. While some make excuses that budgets are too time consuming or complicated, getting started is simple - set financial goals, know your income and expenses, prioritize needs over wants, track your spending, and adjust categories as needed. Following a debt snowball method of paying off debts from smallest to largest can also help reduce debt over time. With dedication and setting small, attainable goals, creating and sticking to a budget allows your money to work for you.
The video showed students who were put in a situation as a minority where they faced discrimination, which caused some students to get angry and frustrated from the pressure and scrutiny. The presenter of the focus study was very intense and passionate about getting her point across about the experience of facing discrimination as a minority.
KDDAUK Executive project brief - Getting to Zero and Kono After Ebola 18 8 20...Sahr O Fasuluku
This document provides a project brief for a recovery program in Kono District, Sierra Leone following the Ebola outbreak. The program aims to assist communities in getting to zero Ebola cases and supporting post-outbreak recovery efforts across health, agriculture, education and operations. It outlines objectives to build local capacity, revive local economies, monitor schools reopening, and establish partnerships for project delivery. Milestones include assessing needs, building civil society partnerships, monitoring health centers and farms, and providing resources to schools. The goal is sustainable support for Kono District's recovery through local organizations and government institutions.
This document provides summaries of key Android concepts:
- Fragments allow modular activity design by including discrete portions of UI within activities. Toasts, dialogs, and notifications provide feedback to users outside the main UI.
- Services run in the background without a UI. Broadcast receivers respond to messages from other apps and the system. Content providers manage access to structured data.
- The document also discusses networking, JSON parsing, AsyncTask, location services, data storage options, and setting app permissions for features like location access. Code examples are provided for many concepts.
Luster describes how light is reflected on a mineral's surface and is an important property mineralogists examine to identify minerals. There are two main types of luster: metallic and nonmetallic. Metallic luster resembles polished metal and applies to opaque, reflective minerals, while nonmetallic luster covers minerals that do not look metallic and includes further subcategories.
This document discusses zoonotic respiratory diseases, which are diseases that can be transmitted from animals to humans under natural conditions. It provides several examples throughout history of viruses mutating and being transmitted between animals and humans, sometimes causing pandemics, including:
- Spanish flu (1918-19) transmitted from pigs to humans, killing 20-50 million people
- Asian flu (1957-58) transmitted from ducks/pigs in China, killing 1 million
- Swine flu (1976) transmitted from pigs, with 40 million vaccinated
- Avian flu (1997-99) transmitted from chickens in Hong Kong
It emphasizes that contact with infected animals through activities like hunting, butchering, or
El Palacio de Cristal es una estructura de metal y cristal situada en el Parque del Retiro en Madrid, España. Fue construido en 1887 para la Exposición de las Islas Filipinas y ha albergado varios eventos históricos importantes, como la elección de Manuel Azaña como presidente de la República en 1931. El palacio fue diseñado por el arquitecto Ricardo Velázquez Bosco en un estilo eclecticista monumental.
small scale industries opportunities and challlengesShaalvii Sharma
[1] The document discusses small scale industries (SSIs) in India, which are defined as industrial undertakings with capital investment of less than Rs. 1 crore.
[2] SSIs are the second largest employers in India after agriculture, employing around 2 crore people. They account for 6% of GDP, 95% of industrial units, and 34% of exports.
[3] While SSIs play an important role in the Indian economy, they also face challenges such as problems securing financing, marketing, raw materials, and developing managerial and technical skills.
Moving "value" through commodities is often more important than moving money. Law enforcement focuses on combating money laundering, generating data in such volumes that is not usable. Fighting terrorist financing depends on good intelligence, not mere report generation.
This document summarizes an article about recent trends in arbitration in Latin America and challenges that may lie ahead. It discusses how, despite legislation in some Latin American countries that appears pro-arbitration, courts have exercised control over arbitration in ways that undermine the arbitration process. Specifically, courts have denied the kompetenz-kompetenz principle, reviewed arbitral awards in ways that bypass international conventions, and retroactively applied laws to annul awards. It analyzes the Commissa v. Pemex case in Mexico as an example, where courts annulled an award in a way a US court said violated basic justice. Going forward, investors may be better served pursuing investment arbitration rather than commercial arbitration in some
The document discusses the history and structure of global trade agreements and organizations. It begins with the Truman Doctrine in 1947 and the establishment of the General Agreement on Tariffs and Trade (GATT) that same year. GATT established rules for international trade but had limitations. In 1994, the World Trade Organization (WTO) was created through the Uruguay Round agreement to replace GATT and address its limitations, establishing a stronger system for global trade. The WTO has 153 member countries and its goals are to liberalize trade and improve the welfare of member nations through negotiated agreements and a dispute resolution process.
OECD, 2nd Task Force Meeting on Charting Illicit Trade - Arndt SinnOECD Governance
This presentation by Arndt Sinn was made at the 2nd Task Force Meeting on Charting Illicit Trade held on 5-7 March 2014. www.oecd.org/gov/risk/charting-illicit-trade-second-task-force-meeting.htm
Anti-money laundering (AML) controls require financial institutions to monitor transactions and identify suspicious activity that could be related to money laundering. Most financial institutions must perform customer due diligence to verify identities and monitor transactions, using software and third-party services. United States law related to money laundering is implemented under the Bank Secrecy Act and subsequent amendments. Financial institutions must also have written AML procedures that include policies for customer acceptance, customer identification, and transaction monitoring.
Anti money laundering regime hard or soft lawShantanu Basu
This document discusses the emergence of an international anti-money laundering regime through the interaction of hard and soft law at multiple levels. At the macro level, key UN conventions and OECD directives have established a constitutive framework. Domestic legislation aims to be consistent with this hard international law at the micro level. Meanwhile, regional bodies and intergovernmental organizations supplement hard law with soft law standards at the meso level. The document examines the role of these different levels in legitimizing and transforming the anti-money laundering system, with some inherent limitations in enforcement seen in issues like offshore finance and illicit trades.
Extradition within the CEMAC Sub Region Prospects and Perspectivesijtsrd
International co operation in criminal matters amongst states in the Central African Economic and Monetary Community CEMAC is a reality. However, this co operation is increasingly being threatened by weaknesses that fraught the existing extradition legal framework. Criminal offenders often misuse the lack of extradition treaties with other states to decide which state to flee to after committing crimes. The very nature of crime has been evolving, and the failure to bring fugitives to justice represents an acute problem to the party which has been wronged. However, there is no general rule of international law that requires a state to surrender fugitive offenders. This school of thought led to the development of the principle of non extradition of nationals fully practices within CEMAC. It is the right of a state to refuse the extradition of its own nationals. This creates a major challenge to law enforcement officials, for it is an opportunity for transnational criminals to find safe havens. Such a practice in a sub region experiencing the emergence of new crimes like terrorism, endemic corruption, money laundering and the financing of terrorism, weakens law enforcement given that it makes effective prosecution impossible. Also, an increase in the mobility of suspects has resulted in a greater enthusiasm of states to use cooperation to enforce their domestic criminal law. It is on this premise that this paper intends to examine how states within the CEMAC Sub region use extradition as a tool to combat transnational organised crime. The problems they encounter and probable solutions. Akuhfa Harriette | Akama Samuel Penda "Extradition within the CEMAC Sub Region: Prospects and Perspectives" Published in International Journal of Trend in Scientific Research and Development (ijtsrd), ISSN: 2456-6470, Volume-3 | Issue-6 , October 2019, URL: https://www.ijtsrd.com/papers/ijtsrd29191.pdf Paper URL: https://www.ijtsrd.com/other-scientific-research-area/other/29191/extradition-within-the-cemac-sub-region-prospects-and-perspectives/akuhfa-harriette
The document discusses national lawmaking powers over U.S. trade. Congress has the power to regulate commerce under the Constitution, while the President handles day-to-day trade relations. Treaties require Senate approval, while executive agreements do not require congressional approval but have been used since the early days of the U.S. The Smoot-Hawley Tariff worsened the Great Depression but some argue it was not the sole cause. Reciprocal trade agreements lowered tariffs starting in the 1930s.
R3 and Insol Europe International Restructuring ConferencePatrick N.Z. Rona
This document summarizes a presentation by Patrick N.Z. Rona on developing a global insolvency convention. It discusses the shortcomings of existing instruments like the UNCITRAL Model Law and argues that a convention would provide stronger universalism and reciprocity. A convention could address issues like recognition of foreign proceedings, cooperation between courts, and treatment of multinational corporate groups. The benefits would be greater certainty and a more consistent international framework for cross-border insolvencies.
The Offshore Financial Centres - Conceiling the beneficial ownerFrank Erkens
Faced with the threat that the public may lose its confidence in the financial world, the international community has decided to uncover the numerous disguises used by criminals. This two-part series focuses on a number of important disguises, and the initiatives taken to resolve the problem of the concealment of beneficial owners. In the first part, we will look at the Offshore Financial Centres. This two-part series centres around the US legislative proposal HR3886. The aim of this legislative proposal is to facilitate the identification of the beneficial owner. Of course, the question remains whether this aim will be achieved or whether, as it appears now, the problem will simply relocate.
Putting It In Context - Commonwealth Caribbean Procurement Lawmrcolaw
This document discusses the governing principles and common themes of procurement law from a CARICOM perspective. It defines procurement law and distinguishes between soft law and hard law as well as preventative law and punitive law in the context of procurement. Specifically, it provides examples of sources of international, regional, and national procurement laws and regulations. It also gives examples of how preventative procurement law works to structure the procurement process and promote transparency and ethics, while punitive procurement law establishes sanctions for improper conduct.
The incorporation of the Rome Statute of the ICC into national law in South A...Fanus van Straten
The Rome Statute of the International Criminal Court is a multilateral international agreementor treaty. All states have the right to become parties to it. When a state does ratify or accede to it, it incurs international obligations to the other State Parties to the agreement. State Parties must ensure that their domestic laws enable them to comply with its international obligations. Failure adequately to provide for the international obligations is not only undesirable internationally but also domestically. The South African Parliament has incorporated the Rome Statute into national (municipal) law by passing the Implementation of the Rome Statute of the International Criminal Court Act 27 of 2002. This is a commendable step in ensuring that its international obligations are met. Unfortunately, it appears that the scheme of arrest and surrender to the ICC provided for in the South African legislation to give effect to the Rome Statute is somewhat defective. There is no provision for any competent authority, whether a court or the executive branch of government, to issue an order of surrender. This defect should be remedied as soon as possible. Source - http://www.iss.co.za/pubs/ASR/12No4/F3.pdf
Lecture 5 ib 404 institutional framework for international businessMahir Jawad
The WTO is run by its member governments through councils and committees made up of all members. Major decisions are made by consensus of members. The highest authority is the Ministerial Conference which meets every two years. Between conferences, the General Council handles day-to-day work. Three broad councils oversee trade in goods, services, and intellectual property. Subsidiary committees address specific issues. The WTO system is based on principles of non-discrimination, freer trade through negotiation, predictability, fair competition, and encouraging development.
Transnational anti-corruption law March 2014_NYU Colloquium (2)Bruno Paschoal
This document provides an introduction and overview of two case studies examining the application of transnational anti-corruption law in Argentina and Brazil. The case studies aim to test the "institutional complementarity theory" which claims that foreign legal institutions can effectively complement local anti-corruption efforts by pursuing actors and assets beyond the reach of local authorities. The first case involves bribery by Siemens AG in Argentina. The second case involves embezzlement in a construction project in Brazil. Both cases involved investigations and legal proceedings in multiple jurisdictions, including efforts to recover corrupt assets held overseas.
Several US states are working to become the blockchain and cryptocurrency capital of the country by passing crypto-friendly legislation. Wyoming has passed several bills defining cryptocurrencies as assets and exempting certain tokens from securities laws. This is aimed at attracting blockchain companies to the state. Tennessee is also pursuing pro-crypto policies like legally recognizing cryptocurrency payments. Delaware was an early leader but its blockchain director recently stepped down, though the state still plans to advance its goals in this area.
The Panama Papers leak revealed over 200,000 offshore accounts and shell companies set up by the Panamanian law firm Mossack Fonseca. It is the largest leak in history and exposed how wealthy individuals and public officials hid personal financial information. The leak impacted politicians, public figures, and athletes around the world and led to legal investigations, political backlash, lawsuits, and imprisonment in some countries. It sparked debates around the ethics of offshore accounts and tax evasion.
This document discusses state liability in investment treaty arbitration. It notes that there are now over 2,500 bilateral investment treaties worldwide that offer foreign investors direct legal recourse against host states through international arbitration. These treaties, along with requirements for compensation in indirect expropriation and standards of fair/equitable treatment, have transformed how state liability is viewed in international law. The document examines how investment arbitration poses new normative challenges, such as arbitral bodies defining the relationship between property rights and public interests. It provides an interdisciplinary analysis of key issues in bilateral investment treaty arbitration, including historical perspectives on state responsibility, economic explanations for proliferation of investment treaties, analysis of legitimacy issues, and examinations of jurisprudence around expropri
Initial Coin Offerings – legal requirements and types of tokensEspeo Software
Evaluation of the legal nature of projects funded with ICOs is extremely important to define the legal and tax characteristics of tokens. The legal qualification of a token has practical implications for the legal status of its creator, token trading rules and other entities (buyers of tokens or intermediaries in their trade). Presentation will focus on legal types of tokens, specific requirements for ICO’s promoters and attitude of regulatory authorities towards token crowdsales in individual countries.
Similar to Anti money laundering regime hard or soft law (20)
Transformation of farmers agitation 2021 in IndiaShantanu Basu
This movement began as a protest against controversial farm acts by farmers, but has expanded into a broader challenge and alliance against the government by 90% of India's population. It represents common people challenging the privileged elite and seeking to replace the existing political system that perpetuates inequalities. The movement signals dissatisfaction with a system skewed in favor of upper castes and brings together various disadvantaged groups including farmers, laborers, and the unemployed from across different states. It seeks equitable policies for both buyers and sellers in the agricultural sector and other reforms benefiting farmers and rural communities.
- War clouds are gathering as Russia threatens to invade Ukraine and China flexes its muscles on the Indian border. Both countries have rebuilt their economies and militaries while Western powers have aging equipment.
- China and Russia want to show strength domestically and see Western treaties as having truncated their nations. They have penetrated infrastructure overseas and tested new weapons.
- The global power balance has shifted eastward as Western nations ceded manufacturing and technology to Asia. A future world war would likely be in Asia between East and West. India would struggle to fight on multiple fronts against China and Pakistan.
Red challenges to Biden's blue presidencyShantanu Basu
Biden faces formidable challenges as President from Republican opposition in the Senate and from Trump supporters across America. His agenda will likely be stalled as the Senate is evenly split, requiring Vice President Kamala Harris's vote. The US economy also presents challenges as it relies on high debt and deficits. Biden will face stiff opposition to providing further COVID relief, returning to Obama-era policies, and replacing Trump administration officials. Relations with China may continue as both countries rely on trade, but Biden will face pressure over issues like India from Republicans portraying him as soft. As the first Democratic president in decades, Biden will have to navigate tensions over race, business interests, and personal freedoms to achieve his reform agenda.
- War clouds are gathering as Russia threatens to invade Ukraine and China flexes its muscles on the India-China border. Both countries have rebuilt their economies and militaries while Western powers have aging equipment.
- China and Russia want to show strength domestically and see Western treaties as having truncated their nations. They have penetrated Western systems through cyber and economic means.
- The global power balance has shifted eastward as Western nations ceded manufacturing and technology to Asia. A future world war would likely be in Asia between East and West. India would struggle to fight on multiple fronts against China and Pakistan.
Red challenges to biden's blue presidencyShantanu Basu
Biden faces significant challenges as President from Republican opposition in the Senate and from conservative Americans who supported Trump. His agenda faces obstacles to passing legislation due to the even Senate split, and he may be forced to compromise on issues like abortion, immigration, and healthcare to appease conservatives. Biden also inherits an economy weakened by the pandemic and trade wars, high debt levels, and social divisions exacerbated by Trump. His ability to enact his agenda and make progress on issues like racial justice and climate change will depend on his ability to navigate these political and economic challenges from his opponents on the right.
The document summarizes India's fiscal deficit and gross liabilities for the years 2019-20 and 2020-21. It states that India's GDP in 2019-20 was approximately Rs. 250 lakh crore, with a fiscal deficit of Rs. 8.75 lakh crore or 3.5% of GDP. However, additional liabilities not provided for in the budget estimate totaled Rs. 38.75 lakh crore, bringing the real fiscal deficit to 15.5% of GDP. For 2020-21, GDP declined by 23.9% to approximately Rs. 190 lakh crore, while additional liabilities above the budget estimate of Rs. 35 lakh crore total Rs. 70 lakh
1. The document discusses the political and economic fallout of the COVID-19 pandemic, originating from China. It argues that while the Chinese government is culpable for initially suppressing information about the outbreak, blaming the Chinese people is unfair.
2. It describes how China's economic reforms and opening up led to massive growth and wealth creation, but also political ambitions and social tensions. The pandemic may cause countries to bring manufacturing back and reconsider their dependence on China.
3. India is positioned to benefit if it replicates China's economic model to attract investment and jobs, but it faces major challenges around infrastructure, bureaucracy, and corruption. Overall, the pandemic could spur manufacturing growth in multiple countries and regions.
1. The author argues that nationalism in India is often propagated by politicians to distract from domestic issues and consolidate power, rather than unite people. True nationalism respects India's diversity and ensures prosperity for all.
2. Many contributors to India's freedom struggle and cultural heritage are unknown or forgotten. Figures from all religions, genders, and social groups made sacrifices but a narrow version of nationalism promotes only certain identities.
3. India still faces significant issues of poverty, hunger, and inequality despite recent economic growth. True nationalism requires upholding democracy and rule of law to protect all citizens' rights and development.
India's Public Finances are in ShamblesShantanu Basu
The finances of the Government of India (GOI) are in dire straits. As of January 2020, the fiscal deficit was estimated at Rs. 9.85 lakh crore, which is about a third of total budgeted expenditures. With disastrous tax revenue in the first three quarters of the fiscal year and the impact of COVID-19, the actual deficit could exceed 45-50% of expenditures. Adding additional off-budget borrowing, the deficit could jump to 45% of revenues. To fill this large shortfall, GOI will need to take on substantial new borrowing, further increasing debt levels and interest payments in the coming years. The financial condition of GOI is weak, limiting its ability to provide further fiscal support
The document discusses India's debate around issuing sovereign bonds. It notes that India's high levels of domestic debt could amount to 45-50% of the government's budget annually. Issuing sovereign bonds in US dollars also presents risks like currency fluctuations, inflation risks, and lower credit ratings increasing interest rates. While sovereign bonds could raise large funds, there are doubts around India's ability to repay its obligations without impacting domestic debt payments or leading to a debt crisis. Alternative domestic funding options that avoid sovereign bond risks need more exploration.
The author argues that a lockdown in India would be misplaced and ineffective at stopping the spread of Covid-19 due to several factors unique to India. First, high population densities in urban and rural areas would make social distancing and quarantine impossible. Second, many migrant workers have returned from overseas and are traveling within India, negating the impact of a lockdown. Third, daily necessities are purchased from dense markets and small shops, and shutting these down would cause food shortages and panic. The author provides several alternative suggestions to address the virus, such as increased testing, protective equipment for frontline workers, and enlisting private industry to help produce medical supplies.
This document summarizes the debate around India issuing sovereign bonds for the first time. It notes that India already has high levels of domestic debt totaling Rs. 350-400 lakh crore. Issuing dollar-denominated sovereign bonds would expose India to currency and inflation risks given its lower-medium credit rating. While sovereign bonds could raise large funds, India may struggle to find projects that generate enough return to pay the estimated 6-7% coupon rate required due to these risks. The document argues for reforms like reducing government ministries, increasing foreign portfolio investment limits, and privatizing some state projects before relying too heavily on sovereign bonds.
Revocation of Art. 370 - The Ultimate Victory?Shantanu Basu
The document discusses corruption among politicians in Kashmir and the siphoning of public funds. It argues that revoking Article 370 is not an end in itself and that more needs to be done to address corruption. Statistics are provided showing large expenditures and grants to Kashmir compared to low revenues and poor development outcomes. The author urges the government to take exemplary action against corrupt politicians, scrutinize financial records, improve governance and economic opportunities in Kashmir, and handle the situation with care and fairness to avoid further conflict.
Dance of democracy or descent into mockocracyShantanu Basu
Briefly discusses the role of small parties that do not participate in elections in India but are errand boys of the larger ones in criminality like cash and drugs distribution during elections in India.
1. The author argues that excessive nationalism propagated by politicians is often used to mask internal flaws and promote superiority over others. However, true nationalism accepts diversity and is inclusive.
2. The author notes that India's rich cultural heritage and history of national heroes is often unknown or forgotten. Many contributions to India's freedom struggle came from a diverse range of individuals across religions and social groups.
3. While India has become one of the largest economies, there remains significant hunger and poverty that true nationalism should aim to address. Crony capitalism has benefited the privileged more than addressing issues facing the masses. The rule of law and democracy are also threatened when different rules apply to different groups.
Briefly registers my protest against the proposed implementation of NYAYA by the Indian National Congress. It opposes the very idea of unsustainable cash handouts to the indigent.
Ten takeaways from india state assembly elections 2018Shantanu Basu
1. The document provides 10 takeaways from the 2018 Indian state assembly elections. Key issues included voters rejecting both the BJP's majoritarian religious politics and the INC's weak religious appeals. Development was prioritized over allegations of corruption.
2. Voters rejected negative campaigning and were not swayed by promises or incentives but cared most about issues like jobs, farm loans, prices, and wages. Narrow victory margins showed that politicians must deliver or face backlash.
3. Caste and religious loyalties mattered less while educated leaders were preferred. Social media was a double-edged sword that allowed debates to influence remote voters. A silent voter revolution occurred as voters rejected empty promises and arrogance.
Telecom Revolution, Governnace and Elections in IndiaShantanu Basu
Briefly discusses the telecom and media revolutions in India. The article concludes that a large part of voting in India's next General Election in 2019 would be decided from homes and that such choices would make voters much more conscious of seeking accountability of their elected representatives.
Youngest c m in India- Pema Khandu BiographyVoterMood
Pema Khandu, born on August 21, 1979, is an Indian politician and the Chief Minister of Arunachal Pradesh. He is the son of former Chief Minister of Arunachal Pradesh, Dorjee Khandu. Pema Khandu assumed office as the Chief Minister in July 2016, making him one of the youngest Chief Ministers in India at that time.
Here is Gabe Whitley's response to my defamation lawsuit for him calling me a rapist and perjurer in court documents.
You have to read it to believe it, but after you read it, you won't believe it. And I included eight examples of defamatory statements/
13062024_First India Newspaper Jaipur.pdfFIRST INDIA
Find Latest India News and Breaking News these days from India on Politics, Business, Entertainment, Technology, Sports, Lifestyle and Coronavirus News in India and the world over that you can't miss. For real time update Visit our social media handle. Read First India NewsPaper in your morning replace. Visit First India.
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Essential Tools for Modern PR Business .pptxPragencyuk
Discover the essential tools and strategies for modern PR business success. Learn how to craft compelling news releases, leverage press release sites and news wires, stay updated with PR news, and integrate effective PR practices to enhance your brand's visibility and credibility. Elevate your PR efforts with our comprehensive guide.
2. Treaty of Osnabruck: May 15, 1648
(Ended 30 Years’ War)
Treat of Munster: October 24, 1648
(Ended 80 Years’ War)
Ecclesiastical power vs. Temporal Power
Establishment of the nation- state system
Westphalia II (New Order) 450 years later?
3. “Five crimes of globalization”, viz. illegal trade in
drugs, arms, intellectual property, people and
money.
“Like the war on terrorism, the fight to control to
control these illicit markets pits governments against
agile, stateless, and resourceful networks
empowered by globalization.” (CM Naim)
“A new world order is emerging, …………. The state is
not disappearing, it is disaggregating into its separate,
functionally distinct parts…………………..are
networking with their counterparts abroad, creating a
dense web of relations that constitutes a new,
transgovernmental order.…………..” (Anne-Marie
Slaughter)
4. Chinese merchants, 3000 years ago,
converted their gains from trade into
readily movable assets, moving cash out
to invest in other businesses and trading
at inflated prices to expatriate funds.
(Sterling Seagrave: Lords of the Rim )
Basic principles remain the same – only
professionalized and globalized
Transition from “hand wash to
launderette” (Savona)
5. CM Naim: Extent from $800 bn. to $1.5 trillion per
annum
Illicit flows come from drugs, organized crime,
opaque financial transactions, accounting jugglery
and price manipulation
Goes through 3 stages – placement, layering and
integration
Higher insurance premia because of fraud, for
public works where corruption is endemic,
individual customers, or the institution itself,
defrauded by corrupt individuals within the
institution, reputational loss of FIs and instability
and low or no productivity + conspicuous
6. What is the role of international law
in collective legitimation for system
transformation in the context of the
anti-money laundering movement?
How does international law create
constitutive and transformative
practices at the meso and micro
levels?
Are such transformative practices
always effective?
7. Qualitative information
Adaptation of the Sandholtz
& Sweet constructivist model
Three levels related to hard
and soft law
Implementation reviewed in
reference to 3 major issues
8. Journals
Reference books
FATF, FSRB, OECD, G-7/8,
UNODC, US Govt. publications
Newspapers & magazines
Internet
9. INTL. FORA
HARD LAW INSTITUTIONS
SOFT LAW
GOVERNMENTS
DOMESTIC LAW INSTITUTIONS
POPULAR WILL
10. MACRO LEVEL MESO LEVEL
HARD SOFT
LAW LAW
MICRO LEVEL
* Sandholtz & Sweet
11. Multilateral
Macro
Meso
Hard Law Soft Law
Micro
Vienna Palermo
Conv Conv FATF FSRBs
UNSC G-7 1990 Egmont
Resolutions Convention
OAS, etc Group
G-7 2001 Basle IAIS
Directive Principles AML Notes
Domestic
Law Bilateral
AML Law Courts Soft Law Hard Law
Criminal Joint Other
Legislature Commissions
MLATs
Law Treaties
Governments
12. Positive Negative
Increase in seizures Mainly US-led and confined
to Latin America
Frozen bank accounts & Confiscation growing slowly
cash seizures leading to as all governments are not
higher laundering cost cooperating
Closer controls enforced by Phenomenal growth in # of
FATF OFCs and low cooperation
by host countries
More regulation in havens Developed countries find it
by peer pressure difficult to dismantle
instruments such as flags of
convenience
Est. of Kimberley Poor controls mainly on
Certification Process account of popular demand
UNGA Resolution Poor awareness of origins
13. Westphalia system took over 450 years to
grow and stabilize
Institutional infrastructure for enforcement
and law-making weak
Body of laws for non-state criminal actors in
infancy
Capacity building in originating nations will
take several decades
Increasing awareness of transnational
crimes limited by various other parameters
such as literacy, political regimes, etc.
14. Enforcement machinery in non-
developed nations skeletal and poorly
trained
Huge returns, particularly on drugs,
keeps it a very attractive proposition
Synchronized international cooperation
at all levels gradually spreading
Therefore it may be too early to pass
judgment on the success or failure of
either hard law or soft law or both