Addressing legal issues in cross-border gestational surrogacy: current topics and trends

2021 ◽  
Vol 115 (2) ◽  
pp. 268-273
Author(s):  
Margaret E. Swain ◽  
Colin James Rogerson
Keyword(s):  
Legal Issues ◽  
Cross Border ◽  
Gestational Surrogacy

scholarly journals Mexico-U. S. Cross-Border Family Mediation: Legal Issues in Mexico

2016 ◽  
Vol 1 (18) ◽  
pp. 129
Author(s):  
Nuria González Martín
Keyword(s):  
Dispute Resolution ◽  
Mexico City ◽  
Child Custody ◽  
Legal Issues ◽  
Family Mediation ◽  
Child Abduction ◽  
Cross Border ◽  
Binary Approach ◽  
International Child ◽  
The Usa

The approach taken by society toward dispute resolution in child custody cases has historically been seen as litigation versus mediation. Given the current volume of cross-border family-related disputes, this binary approach no longer makes sense. In this note, I provide a brief introduction to mediation in Mexico, especially Mexico City. I also analyze other ideas regarding International Child Abduction by one of the Parents and International Family Mediation between Mexico and the USA.

scholarly journals Assisted reproduction involving gestational surrogacy: an analysis of the medical, psychosocial and legal issues: experience from a large surrogacy program

2014 ◽  
Vol 30 (2) ◽  
pp. 345-352 ◽  
Author(s):  
S. Dar ◽  
T. Lazer ◽  
S. Swanson ◽  
J. Silverman ◽  
C. Wasser ◽  
...  
Keyword(s):  
Assisted Reproduction ◽  
Legal Issues ◽  
Gestational Surrogacy

scholarly journals Legal regulation of OTC financial derivatives trading

2021 ◽  
pp. 215-230
Author(s):  
Marija Vićić
Keyword(s):  
Financial Markets ◽  
Capital Market ◽  
Legal Framework ◽  
Legal Regulation ◽  
Financial Derivatives ◽  
Legal Issues ◽  
Legal Environment ◽  
Legal Regulations ◽  
Cross Border ◽  
Financial Derivative

Author explains legal regulation of OTC financial derivative trading on the leading financial markets (USA and EU) as well as shows uniform regulations developed in international legal environment, and separately explains legal framework of the said question in positive Serbian law. Author elaborates main current legal issues related to financial derivatives transactions on the OTC market to which domestic participants are exposed during the operations in Serbian territory but also in cross-border operations. Finally, the author provides concrete proposals for further improvement of disputable legal issues by amending the regulatory framework in line with comparative legal regulations and regulations developed by the international community. Purpose of this article is to bring the attention of legal experts in Serbia to certain inefficient solutions in currently applicable legal regulations related to financial derivatives on the OTC Market, as well as to serve to legal practice as guidance for practical solving the disputable legal issues in particular transactions which have become frequent also for domestic participants on the capital market.

Contractual Business Networks: The Case of Syndicated Loans

2017 ◽  
Vol 13 (2) ◽  
pp. 164-194
Author(s):  
Carmen Estevan de Quesada ◽  
Moritz Renner
Keyword(s):  
Network Theory ◽  
Distribution Networks ◽  
Legal Issues ◽  
Syndicated Loans ◽  
Business Networks ◽  
Hybrid Form ◽  
Conflict Of Laws ◽  
Cross Border ◽  
Supply And Distribution ◽  
The Subject

AbstractThere is a growing debate in law, economics and sociology about contractual business networks as a hybrid form of cooperation that combines governance elements from market and firm. Most treatments of the subject focus on the structures of supply and distribution networks and their consequences on liability and contractual interpretation. This article confronts network theory with the case of cross-border syndicated loans. Syndicated loans are a highly important instrument of corporate finance, and they merge contractual and corporate cooperation in a particularly sophisticated manner. Theories of network contracts can thus be helpful to address the legal issues of syndicated loans in different fields of law, ranging from conflict of laws to antitrust law. In turn, the analysis of syndicated loans as an example of horizontal business networks can help generate insights for the general discussion of networks in private law.

scholarly journals Arbitration: Understanding It in Theory and Indonesian Practice

2019 ◽  
Vol 5 (2) ◽  
pp. 220
Author(s):  
Maskun Maskun ◽  
Achmad Achmad ◽  
Naswar Naswar ◽  
Fauziah P. Bakti ◽  
Amaliyah Amaliyah
Keyword(s):  
Dispute Settlement ◽  
Islamic Law ◽  
Legal Issues ◽  
Legal Issue ◽  
Crucial Issue ◽  
Cross Border ◽  
Separate Area ◽  
Legal Risks ◽  
Recognition And Enforcement ◽  
Financial Issues

Cross-border transactions have always attracted legal risks. Cross-border legal issues are emerging as a separate area of commercial risk that needs to be more precisely identified and better managed. Many cases of injury to multinational companies which would formerly have been pursued as a diplomatic claim by the nation state of the company are now resolved by arbitration between the company and the respondent state. Arbitration is one of dispute settlement bodies to resolve some issues particular trade, business, investment, and financial issues. Those issues are shaping the range and significance of the cross-border legal issue. Those issues also become a crucial issue to be dealt with the arbitral institution. The reason why the parties of contract choose arbitration is because of the place of arbitration, neutrality, confidentiality, cost and speed, recognition and enforcement of arbitral awards, refusing of arbitral awards, a model of arbitration, and arbitration institution. Those reasons are assumed also to be enacted in Indonesian arbitration practice and in the Islamic law.

scholarly journals Principle of permanent sovereignty over natural resources in rulings of international courts

2020 ◽  
pp. 97-109
Author(s):  
Filip Nawrot
Keyword(s):  
Natural Resources ◽  
Energy Production ◽  
Legal Issues ◽  
Second Step ◽  
Thermal Waters ◽  
Hard Coal ◽  
International Courts ◽  
Cross Border ◽  
Power Stations ◽  
National Boundaries

Despite the fact of moving gradually away from the traditional energy sources, and reducing the share of the energy from the coal-fired power stations in the energy production, extraction of minerals other than hard coal remains crucial for human existence. It is enough to mention natural gas, metal ores, metals, gypsum, sand, precious stones, or thermal waters. However, it is necessary to keep in mind that geology and nature do not recognise the national boundaries, which results in the fact that some mineral deposits can be divided between two or more state territories. This leads to the situation when they are subject to the varied legal regimes. There is also a possibility of them being located outsidethe sovereignty or jurisdiction of any state. There are still under-researched topics connected with mining. The aim of this study is to define legal issues related to cross-border mining, the so-called shared natural resources, and to present solutions to problems identified respectively. The second step, after analysis of the terms natural resources and shared natural resources, will involve an analysis of the principle of permanent sovereignty over natural resources in rulings of international courts.

scholarly journals Emerging Trends in Cross-Border Mergers and Their Tax Implications in India: A Critical Appraisal

2021 ◽  
Vol 8 (1) ◽  
pp. 116-134
Author(s):  
A. Tiwari ◽  
G. Shukla
Keyword(s):  
Business Strategy ◽  
Critical Appraisal ◽  
Economic Benefits ◽  
Legal Issues ◽  
Sustainable Growth ◽  
Legal Environment ◽  
The Past ◽  
Cross Border ◽  
Steady Growth ◽  
Emerging Trends

The Indian economy has seen steady and sustainable growth over the past decade, even though other countries have been cash-strapped and suffering from stagnation. Most of this development is due to the inflow of foreign direct investment (FDI) into India through cross-border mergers and acquisitions (M&A) and the unparalleled rise in the size and number of cross-border M&A in India with a favourable market climate for such trade. As a business strategy, cross-border M&As in India are rife with many legal complexities and issues. This paper documents the steady growth of cross-border M&A activity in India over the years and presents a comprehensive depiction of cross-border M&As, what the applicable laws are, what the legal issues and complexities involved are, and finally how they can be offset. The paper highlights the tax implications and issues involved in a cross-border M&A and how far the Income Tax Act, 1961 is attuned with the corporate laws in force to promote cross-border M&As in India. The paper concludes with a broader observation that cross-border M&As bring massive economic benefits and global stature to a growing economic superpower like India. For this reason, the business and legal environment should be made more conducive to cross-border M&A activity.

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