Alternative Ways to Resolve Disputes Related to Consumer Protection of Financial Services in Hong Kong, Singapore and the United States: Innovations 2017 – 2019

2020 ◽  
Vol 11 (2) ◽  
pp. 394
Author(s):  
Natalia V. IVANOVSKAYA ◽  
Sergey S. ISAI
Keyword(s):  
United States ◽  
Hong Kong ◽  
Consumer Protection ◽  
Financial Services ◽  
Practical Experience ◽  
The United States ◽  
Alternative Methods ◽  
The Us ◽  
The Right ◽  
Goals And Objectives

The authors explore regulatory innovations in financial services consumer protection in Hong Kong, Singapore, and the United States. It was revealed that: (1) the priority of such an alternative way of regulating financial demand with the participation of consumers as mediation is ensured by the activities of the FDRC Center in Hong Kong, and in Singapore – by the new law on mediation in 2017; (2) the creation of a unified mediation model, which is mandatory for all member states – the Singapore Convention on Mediation 2019 – will allow mediation to become the most widely used alternative way to resolve cross-border, including financial, disputes; (3) a positive result of the application of arbitration in the field of settlement of financial disputes with the participation of large banks can be achieved by creating certain conditions, including by attracting highly professional arbitrators with extensive practical experience, as, for example, was done by the Hong Kong International Arbitration Center (HKIAC); (4) on the example of the US experience, one can also identify another way to improve the mechanisms for resolving financial disputes, the goals and objectives of which are shifted from the vector of propaganda and updating alternative methods of resolving financial disputes to improving the mechanism for providing financial services; (5) the inclusion of a clause on the mandatory resolution of possible disputes in arbitration, as a mandatory part of the contract itself with consumers, indicates the deprivation of the right to choose the method of resolving the dispute by the consumer, and also deprives them of the right to file collective claims.

The connection between the «color revolutions» and the strategic doctrines of the United States (late 20th century — 2014)

2021 ◽  
Author(s):  
Anna Igorevna Filimonova
Keyword(s):  
United States ◽  
20Th Century ◽  
American Foreign Policy ◽  
Use Of Force ◽  
The United States ◽  
Time Interval ◽  
Late 20Th Century ◽  
The Us ◽  
Color Revolutions ◽  
The Right

After the collapse of the USSR, fundamentally new phenomena appeared on the world arena, which became a watershed separating the bipolar order from the monopolar order associated with the establishment of the US global hegemony. Such phenomena were the events that are most often called «revolutions» in connection with the scale of the changes being made — «velvet revolutions» in the former Eastern Bloc, as well as revolutions of a different type, which ended in a change in the current regimes with such serious consequences that we are also talking about revolutionary transformations. These are technologies of «color revolutions» that allow organizing artificial and seemingly spontaneous mass protests leading to the removal of the legitimate government operating in the country and, in fact, to the seizure of power by a pro-American forces that ensure the Westernization of the country and the implementation of "neoliberal modernization", which essentially means the opening of national markets and the provision of natural resources for the undivided use of the Western factor (TNC and TNB). «Color revolutions» are inseparable from the strategic documents of the United States, in which, from the end of the 20th century, even before the collapse of the USSR, two main tendencies were clearly traced: the expansion of the right to unilateral use of force up to a preemptive strike, which is inextricably linked with the ideological justification of «missionary» American foreign policy, and the right to «assess» the internal state of affairs in countries and change it to a «democratic format», that is, «democratization». «Color revolutions», although they are not directly mentioned in strategic documents, but, being a «technical package of actions», straightforwardly follow from the right, assigned to itself by Washington, to unilateral use of force, which is gradually expanding from exclusively military actions to a comprehensive impact on an opponent country, i.e. essentially a hybrid war. Thus, the «color revolutions» clearly fit into the strategic concept of Washington on the use of force across the entire spectrum (conventional and unconventional war) under the pretext of «democratization». The article examines the period of registration and expansion of the US right to use force (which, according to the current international law, is a crime without a statute of limitations) in the time interval from the end of the twentieth century until 2014, filling semantic content about the need for «democratic transformations» of other states, with which the United States approached the key point of the events of the «Arab spring» and «color revolutions» in the post-Soviet space, the last and most ambitious of which was the «Euromaidan» in Ukraine in 2014. The article presents the material for the preparation of lectures and seminars in the framework of the training fields «International Relations» and «Political Science».

scholarly journals Comparative-Legal Analysis of Alternative Tax Dispute Resolution: the Practice of the Russian Federation, the United States, the Netherlands and Germany

2017 ◽  
pp. 58-64
Author(s):  
Елена Цветкова ◽  
Elena Tsvetkova
Keyword(s):  
United States ◽  
The Netherlands ◽  
Dispute Resolution ◽  
The United States ◽  
Alternative Methods ◽  
Main Trend ◽  
Legal Analysis ◽  
Tax Rate ◽  
The Us ◽  
The Moment

The main trend of recent years is the complication of tax administration. In order to improve it states develop forms of work with taxpayers, including alternative tax dispute resolution. The author analyses alternative tax dispute resolution that have already developed in Russia and compares them with similar procedures in the United States, the Netherlands and Germany. To the alternative methods that are applied in Russia the author refers tax monitoring and agreement on the settlement of a tax dispute. Tax monitoring is not seen as a form of tax control, but as a mean of resolving and preventing the occurrence of a tax dispute. The conclusion of an agreement between a tax authority and a taxpayer on the settlement of a dispute in court is possible by reaching a compromise on the qualification of relations, on actual circumstances, on the interpretation of the tax rate. The article contains examples of programs that exist in the US and Germany in the sphere of tax dispute resolution. Also issues related to the implementation of the mediation procedure existing in the United States, the Netherlands and Germany and the possibility of their application in Russia are considered. The author emphasizes the impossibility of applying the procedure of mediation in tax disputes in Russia at the moment due to the lack of legislative regulation.

Where to limit the freedom of speech? Analysis in the context of the First Amendment to the US Constitution and the fighting words doctrine

2021 ◽  
Vol 37 (2) ◽  
pp. 239-256
Author(s):  
Karolina Palka
Keyword(s):  
United States ◽  
First Amendment ◽  
Free Speech ◽  
Freedom Of Speech ◽  
The United States ◽  
National Socialist ◽  
The Us ◽  
Us Constitution ◽  
Socialist Party Of America ◽  
The Right

This article is about the limits of the right to free speech. The first section provides a brief introduction to this topic, primarily in the context of the First Amendment to the U.S. Constitution. The second section describes the case of Chaplinsky v. New Hampshire, which was fundamental to the topic of this paper because the United States Supreme Court created the so-called "fighting words" doctrine based on it. In the next two sections, two court cases are presented that perfectly demonstrate the limits of the right to free speech in the United States: Snyder v. Phelps and Village of Skokie v. National Socialist Party of America. The fifth part shows the right to freedom of speech in the context of Polish civil, criminal, and constitutional law, as well as acts of international law binding on Poland. The last part is a short summary.

The intelligence of six-year-olds in Hong Kong

1989 ◽  
Vol 21 (4) ◽  
pp. 461-464 ◽  
Author(s):  
Jimmy Chan ◽  
Richard Lynn
Keyword(s):  
United States ◽  
Hong Kong ◽  
Ethnic Minorities ◽  
The United States ◽  
Chinese Children ◽  
Pacific Basin ◽  
The Pacific ◽  
The Us ◽  
The Mean ◽  
The Uk

SummaryEvidence has accumulated to suggest that the mean IQs of Orientals in the United States and in the countries of the Pacific Basin are higher than those of Whites (Caucasoids) in the United States and Britain. This paper presents evidence from IQ tests on 4858 6-year-old Chinese children in Hong Kong. On the Coloured Progressive Matrices these children obtained a mean IQ of 116. Samples from Australia, Czechoslovakia, Germany, Romania, the UK and the US obtain IQs in the range 95–102. It is suggested that these results pose difficulties for the environmentalist explanations commonly advanced to explain the low mean IQs obtained by some ethnic minorities in the United States.

scholarly journals United States – Continued Dumping and Subsidy Offset Act of 2000 (WT/DS217/AB/R: DSR 2003:I,375)

2006 ◽  
Vol 5 (S1) ◽  
pp. 52-86
Author(s):  
Henrik Horn ◽  
Petros C. Mavroidis
Keyword(s):  
United States ◽  
Hong Kong ◽  
European Community ◽  
The United States ◽  
Third Parties ◽  
Federal State ◽  
Byrd Amendment ◽  
Appellate Body ◽  
The Us ◽  
Wto Appellate Body

On January 16, 2003, the WTO Appellate Body (AB) issued its report on the appeal by the United States (US) of the Panel decision in United States – Continued Dumping and Subsidy Offset Act of 2000. The report concerns the consistency of the United States Continued Dumping and Subsidy Offset Act of 2000 (the “CDSOA,” or the so-called Byrd Amendment) with several WTO provisions. This legislation requests the federal state to distribute proceeds from antidumping and countervailing duties to all US economic operators that have supported a request previously submitted to the ratione materiae competent US authority to investigate alleged dumping or subsidization. The appeal was directed against the Panel’s finding that the Byrd legislation was inconsistent with the US obligations under the WTO Antidumping Agreement (AD), and the Agreement on Subsidies and Countervailing Measures (SCM). A total of 11 complainants (Australia, Brazil, Canada, Chile, the European Community, India, Indonesia, Japan, Korea, Mexico, and Thailand), and five additional third parties (Argentina, Costa Rica, Hong Kong (China), Israel, and Norway), evidence the interest among WTO Members in the issues at stake in the dispute.

The United States and Elections in Africa (2015–2018)

2019 ◽  
pp. 58-98 ◽  
Author(s):  
Andrey Urnov
Keyword(s):  
United States ◽  
Democratic Republic Of Congo ◽  
The United States ◽  
African Countries ◽  
The Us ◽  
Global Leader ◽  
The Usa ◽  
The Right ◽  
Selection Of

As a self-proclaimed “Global Leader” the United States have made “the assertion, advancement, support and defense of democracy” throughout the world one of the pillars of their foreign policy. This aim invariably figures in all Washington’s program documents pertaining to Africa. A major component of these efforts is an assistance to regular, free and fair elections. The selection of arguments cited to justify such activities has been done skilfully. In each specific case it is emphasized that the United States do not side with any competing party, stand “above the battle”, work for the perfection of electoral process, defend the rights of opposition and rank and file votes, render material and technical help to national electoral committees. Sounds irreproachable. However, the real situation is different. The study of the US practical activities in this field allows to conclude that Washington has one-sidedly awarded itself a role of a judge and supervisor of developments related to elections in the sovereign countries of Africa, tries to control the ways they are prepared and conducted. These activities signify an interference into the internal affairs of African states. The scale and forms of such interference differ and is subjected to tasks the USA try to resolve in this or that country on the national, regional or global levels. However, everywhere it serves as an instrument of penetration and strengthening of the US influence, enhancing the US political presence in African countries. The right of the US to perform this role is presented as indisputable. Sceptics are branded as opponents of democracy. The author explores the US positions and activities connected with elections in Africa during the last years of B.Obama and first two years of D.Trump presidencies. He shows how their policy have been implemented on the continental level and in regard to several countries – South Sudan, Libya, Democratic Republic of Congo, Burundi, Rwanda, Nigeria, Somali, Kenya, Uganda.

SEC fines non-US entities for unregistered cross-border brokerage and advisory activities

2017 ◽  
Vol 18 (1) ◽  
pp. 75-77
Author(s):  
James Burns ◽  
Kimberly Beattie Saunders
Keyword(s):  
United States ◽  
Asset Management ◽  
Financial Services ◽  
Financial Institution ◽  
The United States ◽  
Securities And Exchange Commission ◽  
Foreign Firms ◽  
Content Type ◽  
Regulatory Guidance ◽  
The Us

Purpose To explain a settlement involving a foreign financial institution, its non-US subsidiaries, and the US Securities and Exchange Commission (“SEC”) that reveals an SEC focus on policing the activities of foreign firms that reach into the United States and helps further define the scope of activities that require registration under the federal securities laws. Design/methodology/approach Provides insight into a recent area of focus for SEC regulators and introduces the potential regulatory implications for non-US firms with activities that reach into the United States. Findings Given the SEC’s current enforcement focus, it is critical that financial institutions take care to conduct their activities with an understanding of the regulatory requirements associated with the provision of brokerage and advisory services to US clients and customers – including, for many firms, registration as an investment adviser, broker-dealer, or both. Originality/value Practical regulatory guidance regarding SEC registration requirements that may reach non-US firms from experienced financial services lawyers specializing in asset management.

scholarly journals The Politics of ‘Dolphin-Safe’ Tuna in the United States: Policy Change and Reversal, Lock-in and Adjustment to International Constraints (1984–2017)

2017 ◽  
Vol 17 (4) ◽  
pp. 635-663 ◽  
Author(s):  
RODRIGO FAGUNDES CEZAR
Keyword(s):  
United States ◽  
Policy Change ◽  
World Trade ◽  
The United States ◽  
Process Tracing ◽  
The Us ◽  
The World ◽  
The Right ◽  
Lock In ◽  
Tracing Method

AbstractRecently, the World Trade Organization (WTO) granted Mexico the right to retaliate against the US as a compensation for losses related to the US ‘dolphin-safe’ label (May 2017). Despite the diversity of works on the issue, few analyze the changes in the US approach to dolphin protection as a result of international and domestic pressures related to the tuna–dolphin controversy. This paper seeks to understand such changes and their consequences using the process tracing method. It shows that (1) the US approach to dolphin protection passed through a process of policy change motivated by trade and diplomatic concerns mediating dolphin protection, and that (2) it was partially reversed in court as an outcome of the concessions offered to get the policy change approved. Finally, the paper argues that (3) this process led to the lock-in of the US ‘dolphin-safe’ label and to its expansion in response to recent WTO decisions.

scholarly journals Modern Dance As an American Alternative to Classical Ballet

2020 ◽  
Vol 6 (4) ◽  
pp. 45-51
Author(s):  
G.L. Taranda ◽  
Keyword(s):  
United States ◽  
20Th Century ◽  
Modern Dance ◽  
Practical Experience ◽  
The United States ◽  
The Us ◽  
Stage Development ◽  
American Modern Dance ◽  
Classical Ballet ◽  
Artistic Images

the article analyzes the features of the American modern dance, which formed in the first half of the 20th century as an alternative to the classical ballet of the United States, which had Russian roots. In the article there were formulated both the artistic and aesthetic principles of modern dance and the historical and cultural prerequisites for the formation of the US national choreographic school. The work uses theoretical methods: visual and text analysis of choreographic works and music for performances, comparison of the means of plastic expressiveness, movements and figures of classical ballet and modern dance, the principles of stage development of artistic images of performances. The basis of the empirical study was a generalization of the practical experience of staging performances by leading American dancers of the 20th century. According to the results of the study, it is noted that the features of modern dance are opposite to the classical ballet of the United States, testify to the desire of Americans to illuminate the problems of modern time and convey the unique national features of US culture, using elements of African or Indian dances, as well as movements that are not characteristic of classical ballet, but reflect the spirit of our time. The materials of the article have theoretical and practical value for specialists dealing with the problems of culture and art of the 20th century, including modern choreography

scholarly journals Competitiveness of Indonesian Shrimp Export to the United States

2021 ◽  
Vol 12 (2) ◽  
pp. 103-112
Author(s):  
Lim Sanny ◽  
Darma Kusuma ◽  
Martinus Evan Willyanto
Keyword(s):  
United States ◽  
Business Strategy ◽  
Agricultural Sector ◽  
The United States ◽  
Market Penetration ◽  
Export Sector ◽  
Economic Distance ◽  
The Us ◽  
The Right ◽  
Fourth Position

Agricultural sector in Indonesia contributes greatly to employment, foreign exchange earners, and economic growth. In the export sector, shrimp commodities have the largest portion and become Indonesia's leading commodities. However,  Indonesia still cannot become a leader in the world's largest shrimp exporter and only occupies the fourth position of the world's shrimp exporter. There were two goals in the research. First, it was to determine the position of the competitiveness of Indonesian shrimp commodity exports compared to other exporting countries in the United States market. Second, it determined the factors that affected the competitiveness of shrimp exports commodity and made business strategy recommendations for Indonesian shrimp commodities. The research used panel data with a cross-section of seven countries and time series from 2001 to 2017. The result shows that Indonesia has a competitive advantage in the United States market. However, Indonesia must be wary of Ecuador with a higher Revealed Comparative Advantage (RCA) Value and India, the lead exporter in the United States Market. The factors that affect the competitiveness of shrimp exports are Gross Domestic Product (GDP), population, economic distance, and exchange rate of shrimp exporting countries against the US Dollar. Last, the right business strategy for Indonesia is to perform market penetration, market development, and product development strategies.

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