Search results for: “prior import deposit”
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General Anti Avoidance Rule
General Anti-avoidance Rule The general anti-avoidance rule (“GAAR”) in the taxation system The GAAR allows Tax Authorities to override the tax consequences that would otherwise apply in a given situation, if those tax consequences are the product of tax avoidance. A General Anti-avoidance Rule can perform a useful role in the tax system, as a…
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Calvinism
Calvinism and Law The issue of ‘Calvinism and Law’ is a much-debated theme. It played a huge role in the historical debates around the Barmen Declaration (1934) in Germany and the Belhar Confession (1982) in South Africa. It prompts immediately vibrant discussions on civil disobedience and the relation between church and state and minorities and…
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LC Classification on the Law of the Indigenous Peoples in the Americas
LC Classification on the Law of the Indigenous Peoples in the Americas In june 2011 started the drafts for a new subclass of the Library of Congress K classification in the works dealing with the Law of the Indigenous Peoples in the Americas. As Jolande Goldberg notes the following motivations for the development of this…
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De Sanchez v. Banco Central de Nicaragua
JOSEFINA NAJARRO de SANCHEZ v. BANCO CENTRAL de NICARAGUA United States Court of Appeals for the Fifth Circuit 770 F.2d 1385 Decided September 19, 1985 GOLDBERG, Circuit Judge: Clausewitz once described war as politics carried on by other means. Here it could be said that litigation is war carried on by other means. The plaintiff’s…
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Constitutional Text: Brazil Constitution of 1988
Constitutional Text: Brazil Constitution of 1988 CONSTITUTION OF THE FEDERATIVE REPUBLIC OF BRAZIL OCTOBER 5, 1988 Preamble We, the representatives of the Brazilian People, convened in the National Constituent Assembly to institute a democratic state for the purpose of ensuring the exercise of social and individual rights, liberty, security, well-being, development, equality and justice as…
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Constitutional Texts: Bavaria 1808 and 1818 Constitutions
Constitutional Texts: Bavaria 1808 and 1818 Constitutions BAVARIA’S CONSTITUTION OF 1808 MAY 1ST, 1808 We Maximilian Joseph, by the grace of God King of Bavaria. We are governed by the conviction that as long as the State remains a mere aggregate of separate parts, it can neither achieve its full potential strength, for which it…
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Constitutional Text: Bangladesh 1972, Amended 2004
Constitutional Text: Bangladesh 1972, Amended 2004 CONSTITUTION OF THE PEOPLE’S REPUBLIC OF BANGLADESH NOVEMBER 4, 1972, AS AMENDED TO MAY 16, 2004 BISMILLAH-AR-RAHIMAN-AR-RAHIM (In the name of Allah, the Beneficent, the Merciful) Preamble We, the people of Bangladesh, having proclaimed our Independence on the 26th day of March, 1971 and through a historic war for…
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Constitutional Text: Austria 1920, Admended 2004
AUSTRIA’S CONSTITUTION OF 1920 WITH AMENDMENTS THROUGH 2004 JANUARY 1ST, 2004 Chapter I General Provisions; European Union A. General Provisions Article 1. Austria is a democratic republic. Its law emanates from the people. Article 2. 1. Austria is a federal state. 2. The Federal State is composed of the autonomous Laender of Burgenland, Carinthia, Lower…
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Constitutional Text: Austria 1945, Amendments 1986,1987,1988,1990, 1992 and 1993
Constitutional Text: Amendments of 1986,1987,1988,1990, 1992 and 1993 to the Austria Constitution of 1945 1986 AMENDMENT TO AUSTRIA’S CONSTITUTION OF 1945 APRIL 24, 1986 212. Federal constitutional law of April 4, 1986, amending the federal constitutional law of 1929 (amendment to the federal constitutional law 1986) The National Assembly has decided: Article I. The federal…
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Outline of Evidence
Note: this entry is based in United States law I. Burdens and Presumptions a. Burden of Proof i. Burden of pleading 1. You have to plead a claim, to state a claim for which relief can be granted ii. Burden of production 1. Must introduce evidence to support your claim in your pleading iii. Burden…
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Outline of Trust and Estates
Outline of Trust and Estates Note: this is based in United States law I. POLICY AND INTRODUCTION A. Dead Hand Control 1. Controlling consideration in determining meaning of a donative document is donor’s intention 2. Courts cannot consider wisdom, fairness, or reasonableness of donation 3. Courts can only bar donations if they are prohibited or…
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Chile – Price Band System and Safeguard Measures Relating to Certain Agricultural Products
Chile Price Band System and Safeguard Measures Relating to Certain Agricultural Products World Trade Organization – scope of coverage of Agreement on Agriculture Article 4.2 – meaning of variable levy and minimum import price – the task of DSU Article 21.5 panels Australia was a third party in a complaint by Argentina against Chile’s…
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Convention on International Bills of Exchange and International Promissory Notes 4
Convention on International Bills of Exchange and International Promissory Notes Article 21 (1) If an endorsement contains the words “for collection”, “for deposit”, “value in collection”, “by procuration”, “pay any bank”, or words of similar import authorizing the endorsee to collect the instrument, the endorsee is a holder who: (a) May exercise all rights…
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Paris Convention for the Protection of Industrial Property 2
Paris Convention for the Protection of Industrial Property Article 4bis (1) Patents applied for in the various countries of the Union by nationals of countries of the Union shall be independent of Patents obtained for the same invention in other countries, whether members of the Union or not. (2) The foregoing provision is to…