外國法人投資之基本權意涵與投資自由

2021 ◽  
Vol 23 (23) ◽  
pp. 169-233
Author(s):  
張志偉 張志偉
Keyword(s):  
Foreign Investment ◽  
Business Environment ◽  
Administrative Law ◽  
Public Law ◽  
Fundamental Rights ◽  
Legal Basis ◽  
Foreign Investments ◽  
Goods And Services ◽  
Public Rights ◽  
The Relationship

身處國際貿易交流、人與商品及服務的移動成為常態的時代，各國莫不致力於吸引外資投資為其經濟政策上的目標，因此致力於投資環境的完善遂成為各國經濟行政法的立法重點。對於外國人投資保障越是完善，自然就更能夠堅實外資投資法律面向上的基礎。由於國內似少見從基本權保障探討外國人投資的文獻，本文擬先探究外國法人作為基本權主體之爭議後，再就其經濟活動之自由以及公法上權利予以探討，以求補上外國人投資保障之法治基礎。<br />In an era where the international trade and the mobility of people and goods and services have become the norm, every country is committed to attracting foreign investment as one of its primary goals of economic policy. As a result, the focus of the economic administrative law in every country is devoted to the improvement of the business environment for foreign investment. When the laws or regulations provide better protection for foreign investors, the country will strengthen its legal basis for the protection of foreign investments. Since there are very few current articles analyzing the relationship between the protection of foreign investment and the protection of fundamental rights, this article firstly aims at reviewing the issues of whether foreign entities may be the subjects of the fundamental rights and then exploring the freedom of investing in economic business by foreign entities and their public rights in public law. It is hoped that this article will supplement some legal basis for the protection of foreign investment.<br />

Private and Public Law

2020 ◽  
pp. 574-592
Author(s):  
Thomas W. Merrill
Keyword(s):  
Law And Economics ◽  
Public Law ◽  
Private Law ◽  
General Criterion ◽  
The Public ◽  
Private Ordering ◽  
Public Rights ◽  
Private And Public ◽  
The Relationship ◽  
Derivatives Of

This chapter explores the relationship between private and public law. In civil law countries, the public-private distinction serves as an organizing principle of the entire legal system. In common law jurisdictions, the distinction is at best an implicit design principle and is used primarily as an informal device for categorizing different fields of law. Even if not explicitly recognized as an organizing principle, however, it is plausible that private and public law perform distinct functions. Private law supplies the tools that make private ordering possible—the discretionary decisions that individuals make in structuring their lives. Public law is concerned with providing public goods—broadly defined—that cannot be adequately supplied by private ordering. In the twentieth and twenty-first centuries, various schools of thought derived from utilitarianism have assimilated both private and public rights to the same general criterion of aggregate welfare analysis. This has left judges with no clear conception of the distinction between private and public law. Another problematic feature of modern legal thought is a curious inversion in which scholars who focus on fields of private law have turned increasingly to law and economics, one of the derivatives of utilitarianism, whereas scholars who concern themselves with public law are increasingly drawn to new versions of natural rights thinking, in the form of universal human rights.

1. Introducing constitutions and public law

2019 ◽  
pp. 3-24
Author(s):  
Anne Dennett
Keyword(s):  
Public Administration ◽  
Balance Of Power ◽  
Administrative Law ◽  
Public Law ◽  
The State ◽  
The Law ◽  
The Uk ◽  
And Control ◽  
The Relationship

This introductory chapter provides an overview of the idea and importance of constitutions. A constitution is essentially a rulebook for how a state is run, and its function is to impose order and stability; to allocate power, rights, and responsibility and control the power of the state. Indeed, a state's constitution sets out the structure and powers of government and the relationship between individuals and the state, and a balanced constitution ensures a balance of power between the institutions of government. New constitutions can arise either through a process of evolution or as an act of deliberate creation. The chapter then considers the UK constitution. Public law is a fundamentally important part of the UK's national law and is the law about government and public administration. It places limitations on the power of the state through objective, independent controls. It is also known as ‘constitutional and administrative law’.

scholarly journals Role of Corporate Governance in Attracting Foreign Investments in Nigeria

2013 ◽  
Vol 19 ◽  
pp. 148-157
Author(s):  
Amos N. Dombin
Keyword(s):  
Corporate Governance ◽  
Developing Economies ◽  
Business Environment ◽  
Sustainable Growth ◽  
Foreign Investments ◽  
Good Corporate Governance ◽  
Corporate Entity ◽  
The Board Of Directors ◽  
The Relationship

Corporate Governance is a system of financial and other controls in a corporate entity and broadly defines the relationship between the Board of Directors, senior management and shareholders. Globalization and liberalization is sweeping across all sectors of economy with rising problems, risks, challenges more pronounce in developing economies. The position of Nigeria in global Transparency is among top ten from the rear and with continuous rise in the number of business collapsed, only organizations that adopt good Corporate Governance and best practices will survive and attain sustainable growth level locally and internationally in this competitive business environment. This paper examined the concept of Corporate Governance, its background in Nigeria, principles, importance/objectives as well as benefits to the Nigerian economy in terms of local and foreign investments.

1. Introducing constitutions and public law

2021 ◽  
pp. 3-23
Author(s):  
Anne Dennett
Keyword(s):  
Public Administration ◽  
Balance Of Power ◽  
Administrative Law ◽  
Public Law ◽  
The State ◽  
The Law ◽  
The Uk ◽  
And Control ◽  
The Relationship

This introductory chapter provides an overview of the idea and importance of constitutions. A constitution is essentially a rulebook for how a state is run, and its function is to impose order and stability; to allocate power, rights, and responsibility; and control the power of the state. Indeed, a state’s constitution sets out the structure and powers of government and the relationship between individuals and the state, and a balanced constitution ensures a balance of power between the institutions of government. New constitutions can arise either through a process of evolution or as an act of deliberate creation. The chapter then considers the UK constitution. Public law is a fundamentally important part of the UK’s national law and is the law about government and public administration. It places limitations on the power of the state through objective, independent controls. It is also known as ‘constitutional and administrative law’.

scholarly journals Advantages, Disadvantages and the Performance of Foreign Direct Investment in the Republic of Kosovo 2008-2019

2020 ◽  
Vol 4 (1) ◽  
pp. 14-19
Author(s):  
Getoar LUBENIQI
Keyword(s):  
Economic Development ◽  
Foreign Direct Investment ◽  
Foreign Investment ◽  
Direct Investment ◽  
Business Environment ◽  
Business Climate ◽  
Foreign Investments ◽  
Advantages And Disadvantages ◽  
Doing Business ◽  
The Republic

Economic development is an aspiration for every country in the world including Kosovo. Foreign Direct Investment (FDI) plays a very important role in the economic development of Kosovo which is in the process of transition. For Kosovo, it is essential to have an accelerated pace of economic growth, lower unemployment, higher quality of life, lower demographic migration and lower poverty rates, thus attracting FDI has a direct and very important role to play. Although Kosovo has a large number of advantages for attracting foreign investment, there are also a number of challenges or disadvantages that are very evident which negatively impact on current and potential investors in the future. Based on the data analysis, the overall trend of FDI has declined in recent years, therefore it is very important for Kosovo to develop further steps to improve the business climate in Kosovo and attract foreign investments. The purpose of this paper is to analyze the performance of FDI in Kosovo 2008-2019, to analyze the advantages and disadvantages of doing business in Kosovo, to identify where Kosovo stands in terms of doing business and what is new for Kosovo in a way that improve the business environment and attract foreign investment. To achieve this goal of comparative analysis and identification, the integrative review method was used.  Key words: Republic of Kosovo, Direct Foreign investments, Business environment, Economic Development, Doing Business.

scholarly journals Profesora Jana Bocia koncepcja interesu w prawie administracyjnym

2019 ◽  
Vol 16 (1 (1)) ◽  
pp. 165-174
Author(s):  
Marta Wożniak
Keyword(s):  
Public Interest ◽  
Administrative Law ◽  
Public Law ◽  
Private Law ◽  
Traditional Definition ◽  
The Individual ◽  
The Relationship ◽  
Academic Interests

This paper does not aspire to offer an overall presentation of Prof. Jan Boć’s contribution to the concept of interest, but is intended to point out several views of this author on the design of legal interest in administrative law, including an attempt to assess their validity.Some of these views now require revising, others give them a fresh look. Professor Jan Boć commented on the relationship between public law and private law, made successful attempts to define the relationship. In the area of Professor Jan Boc’s academic interests, there has always been the individual, and therefore the Professor devoted considerable space in his work to the construction of legal interest of the individual, which went beyond the traditional definition describing the conceptof public interest.

scholarly journals ADMINISTRACIÓN PÚBLICA, CONSTITUCIÓN ESPAÑOLA Y PORTUGUESA Y DERECHOS FUNDAMENTALES EN LA PENÍNSULA IBÉRICA

2019 ◽  
Vol 1 (54) ◽  
pp. 1
Author(s):  
Rubén Miranda GONÇALVES ◽  
Rui Miguel Zeferino FERREIRA
Keyword(s):  
Public Administration ◽  
Administrative Law ◽  
Public Law ◽  
Fundamental Rights ◽  
Executive Power ◽  
Essential Characteristic ◽  
Palabras Clave ◽  
The Law ◽  
The One ◽  
Península Ibérica

RESUMEN La característica esencial de un Estado de Derecho es el sometimiento de los diferentes poderes públicos al imperio de la ley. Por ello, tanto el poder ejecutivo, como el legislativo y el judicial están sometidos a la ley. Aún así no son los únicos, puesto que los ciudadanos y la propia Administración Pública no son ajenos a ello y también están obligados a cumplir la ley. El propio término Estado de Derecho lleva implícito el de derechos fundamentales, pues sin ellos, no podríamos hablar de Estado de Derecho. PALABRAS CLAVE: Estado; Derechos Fundamentales; Derecho Administrativo; Derecho Constitucional; Gobierno; Derecho Público.  ABSTRACT The essential characteristic of a State of Right is the submission of the different public powers to the empire of the law. Thus, so much the executive power, as the legislative and the judicial are submitted to the law. Still like this are not the only, since the citizen and the proper Public Administration aren’t extraneous to this and also are forced to fulfill the law. The proper term Been of Right carries implicit the one of fundamental rights, so without them, couldn’t speak of State of Right. KEYWORDS: State; Fundamental Rights; Administrative Law; Constitutional Law; Govern; Public Law. RESUMOA característica essencial de um Estado de Direito é a submissão dos diferentes poderes públicos ao estado de direito. Portanto, ambos os poderes executivo, legislativo e judiciário estão sujeitos à lei. Mesmo assim, não são os únicos, pois os cidadãos e a própria Administração Pública não são alheios a isso e também são obrigados a cumprir a lei. O termo "Estado de Direito" em si implica o dos direitos fundamentais, porque sem eles, não poderíamos falar do Estado de Direito.PALAVRAS-CHAVE: Estado; Direitos fundamentais; Direito Administrativo; Direito Constitucional; Governo; Direito Público. 

scholarly journals PUBLIC-LEGAL DISPUTE IN THE SPHERE OF INTELLECTUAL PROPERTY: THE GROUNDS AND CONDITIONS OF ARISING

Social Law ◽  
2019 ◽  
Author(s):  
D. Tihonova
Keyword(s):  
Intellectual Property ◽  
Legal Protection ◽  
Public Law ◽  
Point Of View ◽  
Fundamental Rights ◽  
General Point ◽  
Legal Basis ◽  
The Public ◽  
Procedural Law ◽  
Definition Of

The article is devoted to the definition of the concept of public-legal dispute in the field of intellectual property, taking into account the specifics of administrative and legal protection of rights in this field. To this end, the rules of procedural law relating to the definition of a public law dispute, the practice of their application, and the relevant doctrinal provisions on the legal protection of intellectual property rights are analyzed. The suitability of certain categories of such disputes to the jurisdiction of administrative courts is substantiated. The author draws attention to the fact that although the concept of "basis" and "condition" of a public-law dispute are not synonymous, it is impossible to deny that they have a large number of common features. In legal literature, the term "foundation" has become widespread, first of all, to indicate the grounds for the emergence of legal relationships. Moreover, there are two sides to this concept: material and legal basis. The legal basis includes, in particular, legal fact and the existence of a rule of law. It was also determined that the condition should be distinguished from the cause which necessarily produces a certain consequence - the legal conflict between the parties to the public-legal relations is at the heart of the public-legal dispute. From a general point of view, conflict is understood as a clash of opposing interests and views, tension and extreme aggravation of contradictions, which leads to active actions, complications, struggles, accompanied by complex conflicts. It is noted that in the case of a particular dispute, a direct condition for the emergence of public-law disputes is the conflict of not just legislative provisions, and in this case the fundamental rights of persons and the corresponding binding norms obliging the subjects of power to enter into conflict. to the administrative court for the exercise of their specific powers.

Administrative Law

2017 ◽  
Author(s):  
Mark Elliott ◽  
Jason N. E. Varuhas
Keyword(s):  
Administrative Law ◽  
Public Law ◽  
The State ◽  
Public Authorities ◽  
Legal Rules ◽  
Administrative Action ◽  
The Status ◽  
The Subject ◽  
The Relationship ◽  
Comprehensive Coverage

Administrative Law Text and Materials combines carefully selected extracts from key cases, articles, and other sources with detailed commentary. This book provides comprehensive coverage of the subject and brings together in one volume the best features of a textbook and a casebook. Rather than simply presenting administrative law as a straightforward body of legal rules, the text considers the subject as an expression of underlying constitutional and other policy concerns, which fundamentally shape the relationship between the citizen and the state. Topics covered include: jurisdiction, the status of unlawful administrative action, public law principles, abuses of discretion, fairness, remedies, and the liability of public authorities.

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