scholarly journals ‘Baby, it’s cold outside ...’ – A Comparative and Economic Analysis of Freeze-outs of Minority Shareholders

2018 ◽  
Vol 15 (1) ◽  
pp. 148-196
Author(s):  
Tom Vos
Keyword(s):  
United States ◽  
European Union ◽  
Law And Economics ◽  
The United States ◽  
Legal Framework ◽  
The European Union ◽  
Minority Shareholders ◽  
European Union Law ◽  
Free Rider Problem ◽  
A Company

Because minority shareholders can be a nuisance for a company, a majority shareholder may want to freeze them out. In general, the approach in the United States towards freeze-outs is more flexible than in the European Union. Law and economics scholarship suggests that a flexible regime for freeze-outs may be beneficial for society, as it addresses a free rider problem and a holdout problem in the market for corporate control. However, these insights are rarely integrated into European legal scholarship. This article endeavours to determine what constitutes an efficient legal framework on freeze-outs through a comparative law and economics approach. First, the legal regime on freeze-outs in the United States is compared with the regime of the Takeover Directive in the European Union and with Dutch law. Then, these legal systems are evaluated on their efficiency. Finally, some suggestions of reform are made for the European Union.

Genetically Modified Organisms

2019 ◽  
pp. 508-530
Author(s):  
Anne Saab
Keyword(s):  
United States ◽  
Risk Assessment ◽  
European Union ◽  
Genetically Modified Organisms ◽  
Genetically Modified ◽  
The United States ◽  
Legal Framework ◽  
The European Union ◽  
Gm Foods ◽  
Product Regulation

This chapter examines comparative approaches to risk assessment and regulation of genetically modified organisms (GMOs). It first provides a brief background on the emergence, increased use, and controversy surrounding GMOs as well as the important legal questions and complexities they raise before discussing the legal approaches used to assess and regulate risks associated with GM foods, labelling of GM foods, and the application of intellectual property rights (IPRs) to GMOs. In particular, it considers risk assessment in the United States and in the European Union, focusing on the precautionary approach versus the permissive approach. It also compares process regulation and product regulation for regulating the risks posed by GMOs in the United States and the European Union, along with risk assessment and regulation in Brazil, China, and Costa Rica. Finally, it analyses the legal framework for IPRs as they apply to GMOs and comparative approaches to patenting GMOs.

Safe Country Provisions in Canada and in the European Union: A Critical Assessment

1997 ◽  
Vol 31 (3) ◽  
pp. 569-590 ◽  
Author(s):  
Nazaré Albuquerque Abell
Keyword(s):  
United States ◽  
European Union ◽  
Geneva Convention ◽  
The United States ◽  
Legal Framework ◽  
Critical Assessment ◽  
Point Of View ◽  
The European Union ◽  
Refugee Status ◽  
Legal Constraints

This article analyzes the international legal framework that surrounds the issue of safe third country (STC) in the European Union and in Canada. The argument put forward is that Canada is not immune to the developments in the European Union and that Canada's immigration policies towards refugees have changed accordingly. My position is that the Canadian model respects the legal constraints which govern the acceptability of mechanisms to apportion responsibility to examine a claim to refugee status, in particular the Canadian Charter of Rights and Freedoms. By testing the international legal viability of both the European and the Canadian system of safe third country against Articles 31 and 33 of the Geneva Convention and Executive Committee Conclusion No. 58 and Conclusion No. 15, and by addressing the draft Memorandum of Understanding between Canada and the United States and comparing it with some of the readmission agreements between the European Union and some third states, the article concludes that the Canadian STC model is preferable to that in Europe from both a legal and a humane point of view.

scholarly journals Provisions on establishing rights to scent trademark of the US and European Union law - Experience for Vietnam

2021 ◽  
Vol 5 (2) ◽  
pp. 1392-1397
Author(s):  
Tín Minh Ngô ◽  
Thảo Thị Thu Trần
Keyword(s):  
United States ◽  
European Union ◽  
Intellectual Property ◽  
Property Rights ◽  
Intellectual Property Rights ◽  
The United States ◽  
The European Union ◽  
European Union Law ◽  
Legal Provisions ◽  
The Us

Based on the perspective of analyzing the provisions of the laws of the United States and the laws of the European Union, as well as the practice of protecting non-traditional trademarks in the United States and the European Union, in particular intellectual property rights to the Scent trademark, proposals are made for Vietnam in the process of completing legal provisions, processes, methods of assessment and establishing the rights of Scent trademark rights to meet the global trend and domestic law requirements under the Comprehensive and Progressive Agreement for Trans-Pacific Partnership's commitments. Accordingly, in the negotiation rounds of the Trans-Pacific Partnership Agreement (the precursor of the Comprehensive and Progressive Agreement for Trans-Pacific Partnership), the parties participating in the negotiation often disagree on the scope of protection of intellectual property rights, and non-traditional trademarks, sound trademarks, scent trademarks in particular. This is also one of the important reasons for the failure of negotiations and the withdrawal from the US Agreement. Besides, in the future, intellectual property rights and trademark rights, non-traditional trademarks in particular, will continue to be important negotiating topics that determine the success of the new generation of the free trade agreement. Therefore, the early improvement of the legal system in the establishment and protection of the rights to this object contributes to helping Vietnam be more active in negotiation.

Russian Federation and the United States of America: geostrategic directions to manage the Ukrainian crisis

2019 ◽  
pp. 123
Author(s):  
Attarid Awadh Abdulhameed
Keyword(s):  
United States ◽  
European Union ◽  
National Security ◽  
Russian Federation ◽  
United States Of America ◽  
The United States ◽  
The European Union ◽  
The Usa ◽  
Ukrainian Crisis ◽  
Zero Sum

Ukrainia Remains of huge importance to Russian Strategy because of its Strategic importance. For being a privileged Postion in new Eurasia, without its existence there would be no logical resons for eastward Expansion by European Powers.  As well as in Connection with the progress of Ukrainian is no less important for the USA (VSD, NDI, CIA, or pentagon) and the European Union with all organs, and this is announced by John Kerry. There has always ben Russian Fear and Fear of any move by NATO or USA in the area that it poses a threat to  Russians national Security and its independent role and in funence  on its forces especially the Navy Forces. There for, the Crisis manyement was not Zero sum game, there are gains and offset losses, but Russia does not accept this and want a Zero Sun game because the USA. And European exteance is a Foot hold in Regin Which Russian sees as a threat to its national security and want to monopolize control in the strategic Qirim.

COMPARATIVE ANALYSIS OF THE CURRENT FRENCH FOREIGN POLICY ACTIVITY

2019 ◽  
Vol 22 (2) ◽  
pp. 74-79
Author(s):  
Nargiza Sodikova ◽  
◽  
◽  
Keyword(s):  
United States ◽  
European Union ◽  
Foreign Policy ◽  
International Security ◽  
The United States ◽  
Foreign Affairs ◽  
Modern Time ◽  
The European Union ◽  
National Interests ◽  
French Foreign Policy

Important aspects of French foreign policy and national interests in the modern time,France's position in international security and the specifics of foreign affairs with the United States and the European Union are revealed in this article

Ocena antykryzysowej polityki gospodarczej Stanów Zjednoczonych i wybranych państw członkowskich Unii Europejskiej w latach 2005–2014

2016 ◽  
pp. 26-46
Author(s):  
Marcin Jan Flotyński
Keyword(s):  
United States ◽  
European Union ◽  
Financial Markets ◽  
Global Economy ◽  
Global Financial Crisis ◽  
The United States ◽  
The European Union ◽  
High Volatility ◽  
The Global Financial Crisis ◽  
Domestic Products

The global financial crisis in 2007–2009 began a period of high volatility on the financial markets. Specifically, it caused an increased amplitude of fluctuations of the level of gross domestic products, the level of investment and consumption and exchange rates in particular countries. To address the adverse market circumstances, governments and central banks took actions in order to bolster the weakening global economy. The aim of this article is to present the anti-crisis actions in the United States and selected member states of the European Union, including Poland, and an assessment of their efficiency. The analysis conducted indicates that generally the actions taken in the United States in response to the crisis were faster and more adequate to the existing circumstances than in the European Union.

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