Cross-border corporate restructurings, judicial assistance and judge-made law: New Zealand and Cayman Island experiences

Author(s):  
Hon Paul Heath QC ◽  
Hon Justice Ian Kawaley
2018 ◽  
Vol 2018 (99 (155)) ◽  
pp. 97-118
Author(s):  
Piotr Staszkiewicz ◽  
Rumiana Górska

This paper examines whether the auditee’s financial situation affects the auditor’s non-audit fee and independ- ence. Three sets of tests were used to address the issue. The first examines whether there are cross-border and intertemporal differences in relationships between non-audit fees and audit fees. The second tests whether there is a relationship between non-audit fees and report modification. The third addresses the relationships between audit fees and the auditee’s financial situation. The results suggest a lack of coexistence of all three motives for the purchase of non-audit fee services, and substantial similarities of auditor and auditee behaviors across Po- land and New Zealand. We documented the lack of a significant link between auditee failure risk and the quality of the audit report. Our findings indicate an operational rather than a strategic nature of non-audit services to incumbent clients.


Author(s):  
Zinian Zhang

AbstractThis study empirically investigates China’s participation in the globalized cross-border insolvency collaboration system. It is the first time for the development of China’s cross-border insolvency law to be examined against the background of private international law on foreign judgment recognition and enforcement. The findings of this article reveal that foreign bankruptcy representatives face considerable difficulties in satisfying the treaty and reciprocity requirements when seeking judicial assistance from China, and that local protectionism in favour of China’s state-owned and state-linked companies undermines foreign bankruptcy representatives’ confidence in approaching China’s courts for support. Although there are several court recognitions of foreign bankruptcy judgments in China, this article finds that they are only used to acknowledge the legal status of foreign bankruptcy representatives to meet the demands of government authorities; Chinese courts have not taken a substantial step in recognizing a foreign bankruptcy judgment so as to bar individual creditors’ action in the interest of a foreign bankruptcy proceeding. On the contrary, for Chinese bankruptcy representatives seeking assistance abroad, they could take advantage of the liberal judicial infrastructure, especially of some advanced jurisdictions, to obtain recognition and relief.


2021 ◽  
Author(s):  
◽  
Sarah Miles

<p>This essay compares the role given to the concept of economic reality in New Zealand and Canadian cross-border tax arbitrage decisions, particularly Alesco and Mark Resources. Alesco and Mark Resources both address the problem of drawing the line between acceptable tax mitigation and unacceptable avoidance, and adopt economic substance as a key indicator of where this line lies. This essay considers how the concept of economic reality pervades these cases and evaluates the influence of legislative and judicial context to the significance afforded to the concept of economic reality in the two decisions, as well as reviewing how the economic realities jurisprudence has evolved following these cases.</p>


2021 ◽  
Author(s):  
◽  
Bronwin M. Boswell

<p>I have been involved in policing and crime prevention for many years. I was a sworn member of Victoria Police (Australia), a crime prevention coordinator in a New Zealand community, and am currently employed by New Zealand Police (NZP). My interest in international policing grew as I realised more and more police were serving in a number of roles overseas. At first, I thought this a nice departure from normal duties for those lucky enough to take up opportunities to contribute to policing in other countries. Deeper thought followed about the juxtaposition of western models of policing, international relations and the customs of developing countries. The more I tried to find out the more questions were raised. Soon it was evident that little had been written about international policing and even less about international policing in relation to the Pacific. The need for research that combines the study of cross-border policing of crime and criminality with international relations scholarship has been identified by Peter Andreas and Ethan Nadelmann in their 2006 co-authored book. A growing body of literature examines policing and development in the Pacific, but is mainly centred on conflicts in Melanesia with particular emphasis on the Regional Assistance Mission to Solomon Islands (RAMSI). Apparently, no single work discusses the needs of police services in the Pacific in relation to domestic policing and international cooperation. This work seeks to fill that gap.</p>


2022 ◽  
Vol 30 (2) ◽  
pp. 1-19
Author(s):  
Carson Duan ◽  
Bernice Kotey ◽  
Kamaljeet Sandhu

This research examines the important concept of transnational digital entrepreneurship (TDE). The paper integrates the host and home country entrepreneurial ecosystems with the digital ecosystem to the framework of the transnational digital entrepreneurial ecosystem. The authors argue that cross-border e-commerce platforms provide critical foundations in the digital entrepreneurial ecosystem. Entrepreneurs who count on this ecosystem are defined as transnational digital entrepreneurs. Interview data were dissected for the purpose of case studies to make understanding from twelve Chinese immigrant entrepreneurs living in Australia and New Zealand. The results of the data analysis reveal that cross-border entrepreneurs are in actual fact relying on the significant framework of the transnational digital ecosystem. Cross-border e-commerce platforms not only play a bridging role between home and host country ecosystems but provide entrepreneurial capitals as digital ecosystem promised.


2021 ◽  
Author(s):  
◽  
Vinka Cisternas Torres

<p>Uninterrupted growth of international trade and the constant threats to global supply chains have led to the emergence of numerous voluntary compliance guidelines based on standards and compliance. Initiatives, such as, the Authorised Economic Operators is the result of the global efforts to facilitate, prevent and secure international trade against cross-border crime. The Authorised Economic Operator is an initiative of the World Customs Organisation and its member countries. Its core philosophy is developing public to private partnerships for the safety of international trade and trade facilitation. These initiatives are growing in scope with a variety of programmes developed by governments. The objective of these programmes is encouraging an ethos of voluntary compliance based on standards, best practices and self-governance. Certified firms can obtain a trusted trader status and cross-border benefits when they demonstrate that their supply chain is secure. New Zealand has its own programme called the Secure Export Scheme. While this programme is voluntary in nature, firms entering the programme are required to adopt, maintain, and comply with the standards of security for their supply chain. This thesis investigates the compliance behaviour of New Zealand exporters with the standards of security of the Secure Export Scheme.  The Authorised Economic Programme is a new concept, and while there is scholarly research of other types of voluntary standards, research in this particular area is minimal. To the best of the researcher’s knowledge, this is one of the first studies to examine the compliance behaviour of firms that have been part of the programme since inception. Accordingly, this study is guided by the various views of the compliance theory and proffers a conceptual framework to delineate the different actors and factors that influence firms’ compliance behaviour. The study measured compliance and non-compliance of firms to understand the underlying patterns with specific best practices. This study contributes towards our current understanding of compliance behaviour. While, overall, the compliance of the New Zealand exporters with the best practices is high, there are some areas of concern. The study further identified that a number of firms were not compliant with certain best practices. This finding indicates that other factors, such as, the way the governing body presents its written requirements might influence the compliance behaviour with those specific best practices. The conceptual model proposed in this study lays the foundation for further research seeking to probe compliance behaviour of Authorised Economic Operators.</p>


2021 ◽  
Author(s):  
Takahiko Koyama ◽  
Reitaro Tokumasu ◽  
Kotoe Katayama ◽  
Ayumu Saito ◽  
Michiharu Kudo ◽  
...  

Tokyo Olympic and Paralympic Games, postponed for COVID-19 pandemic, were finally held in summer of 2021. Just before the games, alpha variant was being replaced with more contagious delta variant (B.1.617.2). AY.4 substrain AY.29, which harbors two additional characteristic mutations of 5239C>T (NSP3 Y840Y) and 5514T>C (NSP3 V932A), emerged in Japan and became the dominant strain in Tokyo by the time of the Olympic Games. As of October 18, 98 AY.29 samples are identified in 16 countries outside of Japan. Phylogenetic analysis and ancestral searches identified 46 distinct introductions of AY.29 strains into those 16 countries. United States has 44 samples with 10 distinct introductions, and United Kingdom has 13 distinct AY.29 strains introduced in 16 samples. Other countries or regions with multiple introductions of AY.29 are Canada, Germany, South Korea, and Hong Kong while Italy, France, Spain, Sweden, Belgium, Peru, Australia, New Zealand, and Indonesia have only one distinct strain introduced. There exists no unambiguous evidence that Olympic and Paralympic Games induced cross-border transmission of the delta substrain AY.29. Since most of unvaccinated countries are also under sampled for genome analysis with longer lead time for data sharing, it will take longer to capture the whole picture of cross-border transmissions of AY.29.


2020 ◽  
Vol 35 (1) ◽  
pp. 117-129 ◽  
Author(s):  
Sonja Goedeke ◽  
Daniel Shepherd ◽  
Iolanda S Rodino

Abstract STUDY QUESTION To what extent do infertility clinic patients, fertility industry professionals and members of the public support different forms of payment and recognition for egg and sperm donation? SUMMARY ANSWER While participants expressed support for reimbursement of expenses for both egg and sperm donation, payment constituting explicit financial advantage was regarded less favourably although potentially necessary to address donor gamete shortages. WHAT IS KNOWN ALREADY In both New Zealand and Australia, commercial inducement for the supply of gametes is prohibited. This prohibition has been argued to contribute to limited availability of donor gametes with the effect of increasing waiting lists and/or the pursuit of potentially unregulated cross-border reproductive care by domestic patients requiring donor gametes. STUDY DESIGN, SIZE, DURATION The study was a mixed methods study drawing on data from a questionnaire completed by 434 participants from across New Zealand and Australia between November 2018 and March 2019. PARTICIPANTS/MATERIALS, SETTING, METHODS Stakeholders involved in donor-assisted conception (past and present infertility patients, gamete recipients and donors), fertility industry professionals and members of the public were recruited following online advertisement of the study. All participants spoke English and primarily identified as Caucasian. Participants anonymously completed an online questionnaire gauging their support for a range of recognition and payment options. Dependent samples t-tests were used to probe for differences in support of recognition and payment options in relation to egg and sperm donation. Linear regression models were used to determine factors predicting support for the different options for both egg and sperm donation. Thematic analysis was used to identify main themes in free text question responses. MAIN RESULTS AND THE ROLE OF CHANCE Broadly, there was agreement that donors be reimbursed for medical expenses, travel time, unpaid time away from work relating to treatments and out-of-pocket expenses directly related to the gamete donation process, with greater support suggested for egg versus sperm donors. Items gauging support for non-material recognition and tokens of thanks for donations were not significantly different between egg and sperm donation programmes (P &gt; 0.05) nor rated as highly as reimbursement alternatives. Lowest ratings of support were indicated for the outright payment or reward of donors for the supply of their gametes, options that would leave donors in better financial positions. Qualitatively, themes valuing gamete donation as ideally relating to gifting were identified, although counterbalanced in opinion by concepts of fairness in reimbursing gamete donors for their costs. Where payment over and above the reimbursement of costs was supported, this was related to pragmatic considerations of limited supply of donor gametes. LIMITATIONS, REASONS FOR CAUTION This study used a cross-sectional design and consequently causal inferences cannot be made. Additionally, participants particularly professional fertility staff, were required to self-report on politically sensitive and legal issues with the potential for social desirability response bias. Snowball sampling may have led to participation of like-minded individuals, thus limiting generalizations of findings. WIDER IMPLICATIONS OF THE FINDINGS In a climate of global commercialization of reproductive medicine, limited donor gamete availability and rising incidences of cross-border reproductive care, the findings of this study can be used as a basis for further discussion between regulators and professional industry stakeholders with respect to shaping ethical policy and practice relating to donor conception. STUDY FUNDING/COMPETING INTEREST(S) No external funds were sought for this work. None of the authors have any competing interests to declare. TRIAL REGISTRATION NUMBER N/A.


Sign in / Sign up

Export Citation Format

Share Document