Search results for "security interest"

showing 3 items of 3 documents

Screening of Foreign Direct Investment and the States’ Security Interests in Light of the OECD, UNCTAD and Other International Guidelines

2021

AbstractThis chapter analyses the concept of the “national security interest”, which is widely recognised as allowing a state to determine which areas of its economy are restricted or prohibited to foreign investors. This chapter seeks to identify what constitutes a threat for a state and how that threat is managed both domestically and internationally. Despite the recognition of a state’s right to take measures it considers essential to its security, there are limits. The rules established by the Organisation for Economic Co-operation and Development (OECD) and the United Nations Conference on Trade and Development (UNCTAD) and other international instruments are non-binding but can serve …

050502 lawSecurity interestNational securityTrade and developmentbusiness.industrymedia_common.quotation_subject05 social sciencesInternational tradeForeign direct investmentState (polity)restrictCustomary international lawObligationbusiness0505 lawmedia_common
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The European Courts and the Security Council: Between "Dédoublement Fonctionnel" and Balancing of Values

2009

The recent case law of various international tribunals facing questions related to UN Security Council resolutions shows the clear tendency to grant primacy to the UN legal order. This trend, far from being well founded on formal arguments, appears to be a tribute to a legal order perceived as superior, and, at the same time, is revealing of the ‘value oriented’ approach followed by the courts. Such an approach can be categorized from a theoretical perspective in the light of Scelle's theory of relations between legal orders, whereby the courts implement in their respective legal orders values stemming from the UN legal order. Various critical remarks can be advanced in relation to this att…

Balance (metaphysics)Security interestValue (ethics)Human rightsmedia_common.quotation_subjectCommon lawAppealrelations between legal orders primacy of UN legal order balancing of values human rights security interestDédoublement fonctionnelBalancing of ValuesOrder (exchange)LawPolitical Science and International Relationsprimacy of the UN legal order European Court of human Rights European Court of Justice Kadi case Behrami and Saramati case balancing of interests security interest v. human rightsEuropean Court of JusticeSociologyRelation (history of concept)European Court of Human RightsLawSettore IUS/14 - DIRITTO DELL'UNIONE EUROPEAUN Security Councilmedia_commonSettore IUS/13 - DIRITTO INTERNAZIONALE
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The Institution of Security Agent: A Comparative Study of Polish and French Laws

2022

In many continental legal systems it was often problematic to grant a security right to an entity separate from the holder(s) of the secured receivables. Such arrangement was especially desired by the parties in complex lending structures with many creditors. To solve this problem various legal solutions have been created in different countries. In Poland and in France the special institution of a security agent has been introduced. Aim of this article is to compare those two regulations. The conclusion is that the French provisions better deals with the challenges posed by the entity separation problem. Security agent, collective security arrangements, entity separation, unity principle, s…

security rightsaccessoriness of security rightsSecurity agentcollective security arrangementsbond issueLawsecurity interestentity separationunity principlesyndicated loan
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