Law of Cross-Border Business Transactions aims at giving a structured introduction to the law and practice of investment deals (e.g., greenfield projects, M&As and hybrid forms) and of non-investment transactions (e.g., trade, technology transfer and services). Cross-border business deals are nowadays routine matters for business entities all over the world and the related legal aspects are becoming more and more complex. This book provides extensive general background information. It also covers numerous specific issues of relevance in the context of cross-border projects. Substantive law issues, procedural aspects and skills-related considerations such as contract drafting, structuring options and cross-cultural lawyering techniques are included, adding up to an unusually comprehensive and useful guide in the field. What's in this book: The author describes a wide spectrum of transaction types. He explains underlying principles from a conceptual and a comparative point of view with a focus on transactional issues, using case studies from a variety of jurisdictions to demonstrate the significance of particular aspects in the context of multi-jurisdictional legal practice. Among much else, topics include the following: international lawyering and cultural diversity; lex mercatoria; conflict of laws; letters of intent, position papers, heads of agreement, confidentiality and exclusivity agreements; structure and contents of international contracts; e-contracts and smart contracts; protection of intellectual property rights and technology transfer; trade, countertrade and trade financing; insurance; agency and distributorship; greenfield investments and M&As; competition law and merger control; employment law; corporate governance and corporate social responsibility; international taxation; and dispute settlement and cross-border enforcement of awards. This second edition updates the discussion of the different topics comprehensively. It also expands many parts and adds sections in relation to new themes that have gained importance since the publication of the first edition. In particular, it addresses legal issues arising out of the digitalization of the global economy with a special focus on choice-of-law questions, smart contracts, e-bills of lading and online dispute settlement. It also draws attention to the impact of China's Belt and Road initiative, Brexit and the 'America First' foreign policy. How this will help you: Of special value is the author's precise guidance on drafting techniques and contract practice. The clarity of the presentation, the uncompromising consistency in terms of structure and a large body of references to primary and secondary sources presented in this edition ensure that legal professionals, business managers and academics as well as other interested parties can gain easy access to comprehensive and detailed information across jurisdictions.

"Cross border business transactions have become increasingly important due to new norms of doing business so this book captures the multi-faceted outlook on international business phenomena particularly when cross border businesses were severely affected by the worldwide pandemic"--

In recent years an extensive range of new research has been revisiting the topic of the location of international business activities, from a variety of different perspectives and background interests. This work has been inspired in part by two apparently quite different but actually related contemporary trends: on the one hand, an emergence or revitalization of clusters of activities co-located in or around selected global city regions or fast growing metropolitan areas; and on the other hand, an increased global dispersion of activities conducted within the value chains managed or coordinated by many large multinational enterprises and their business partners. The former trend has given rise to discussions of how the elite of the cultural-cognitive economy of the 21st century (in Allen Scott's terminology) or the creative class (Richard Florida's term) are now being drawn or brought back to major urban centers; while the latter trend is associated with debates over outsourcing, and the economic and social consequences of shifts in the ownership and location of distinct nodes of value chains once production systems become more fragmented and the component parts of such systems become more geographically dispersed. An increased interest in the subject of international business location has been shown by scholars in Strategic Management, in Economic Geography, and in Regional Science, as well as in our own interdisciplinary field of International Business Studies. However, as is often the case in academic research communities, these bodies of scholarship have tended to develop at something of a distance from one another, each conversing internally more than they have with one another. Location of International Business Activities aims to promote a greater conversation between those interested in the topic of Location from various different backgrounds or starting points. The articles are taken from a special issue on the theme of the Multinational in Geographic Space which was published by The Journal of International Business Studies in 2013.

The permanent establishment (PE) is a legal form of cross-border direct investment whereby a business presence is maintained as an integral part of the foreign investor. Due to the growing intensity and complexity of international business relations, the PE defi¬nition and the allocation of profi¬ts between head units and PEs have become highly contentious, especially from the perspectives of the major emerging economies of the BRIC countries (Brazil, Russia, India, and China). Unsurprisingly, the potential for tax avoidance and the scrutiny of tax authorities have increased enormously. Against this background, this work illustrates and compares the OECD Model Tax Convention with country-specifi¬c source taxation rules, focusing on possible tax system changes and offering reform proposals. Emphasizing the taxable implications of the various rules upon country-speci¬fic PE concepts, the author’s treatment covers such issues and topics as the following: – the PE de¬finition of the OECD MC and from the perspective of selected countries; – allocation of business pro¬fits under the Authorised OECD Approach (AOA); – avoidance of PE status; – implementation of a service PE proposal; – construction site PEs established by subcontractors; – existence of an agency PE; and – the OECD project on Base Erosion and Profi¬t Shifting (BEPS). The author uses simulated cross-border national and treaty cases to highlight qualifi¬cation conflicts, thus reinforcing his detailed discussion of source taxation rules of business profi¬ts and relevant case law in Germany, the United States, and the BRIC states. There is also a checklist detailing how companies can avoid unintentionally setting up a PE. The author’s deeply informed proposals provide much-needed guiding tax criteria and open the way to greater feasibility and transparency in PE taxation. Because the defi¬nition of PEs has enlarged and the treatment of profi¬t allocation has become more complex, the clari¬fication of the PE concept presented in this book is of inestimable importance for lawyers, of¬ficials, policymakers, and academics concerned with international business taxation in any jurisdiction.

This book presents a new approach to management in an increasingly interactive world. In this context, the use of the word “new” has two meanings. The first relates to a new definition of borders (which are natural, institutional, functional, or mixed); the second concerns the fact that the book applies (and, where necessary, develops) analytical tools, methods and models that are different from those used in other similar books. The objectives of this book are: to clarify whether existing management theories and methods can be effectively applied in an entity (which can be defined as a sovereign country, a region, a community, a culture, or a firm) as the latter increasingly interacts with the rest of the world; to develop qualitative and quantitative methods to help leaders make optimal decisions for their entity and, at the same time, to maximize the positive (or minimize the negative) effects of those decisions on the rest of the world; and to design workable cross-border cooperation plans and conflict-management schemes that allow policy-makers to better cope with the challenges and problems posed by our increasingly interactive world.

The continued advancement of globalization, increases in internet connectivity, compatibility of international payment systems, and adaptability of logistics and shipping processes have combined to contribute to the rapid growth of the cross-border e-commerce market. Due to these advancements and the ubiquitous presence of smartphones, consumer use of cross-border e-commerce is increasingly simplified, and thus, sellers are hardly restricted to a specific country in terms of promoting, selling, and shipping goods worldwide. The burgeoning opportunities, habits, and trends of shopping on cross-border e-commerce platforms have expedited the prospect of becoming a presence in the global market. This is true for enterprises of all sizes, especially for small? and medium?sized enterprises (SMEs) that want to add their footprint in the international market for the first time. Like any other industry, cross-border e-commerce has its specific economics and driving forces, but has different scopes, challenges, and trends due to the geographic and cultural expanse of relevant environments. Cross-Border E-Commerce Marketing and Management was conceptualized by identifying the scope of new complementary information with a comprehensive understanding of the issues and potential of cross-border e-commerce businesses. The authors believe that this book will not only fill the void in the current research but will also provide far-sighted vision and strategies, as it covers big data, artificial intelligence, IoT, supply chain management, and more. This book provides the necessary knowledge to managers to compete with the competitive market structure and ultimately contribute to the sustainable economic growth of a country. It works as a guideline for existing cross-border e-commerce managers to formulate individual strategies that combine to optimize the industry while keeping the enterprise competitive. This book is useful in both developed and developing country contexts. This publication is an ideal resource for academicians, policy makers, stakeholders, and cross-border e-commerce managers, especially from SMEs.

Compelling and accessible, this Very Short Introduction challenges the perception of borders as passive lines on a map, revealing them instead to be integral forces in the economic, social, political, and environmental processes that shape our lives. Highlighting the historical development and continued relevance of borders, Alexander Diener and Joshua Hagen offer a powerful counterpoint to the idea of an imminent borderless world, underscoring the impact borders have on a range of issues, such as economic development, inter- and intra-state conflict, global terrorism, migration, nationalism, international law, environmental sustainability, and natural resource management. Diener and Hagen demonstrate how and why borders have been, are currently, and will undoubtedly remain hot topics across the social sciences and in the global headlines for years to come. This compact volume will appeal to a broad, interdisciplinary audience of scholars and students, including geographers, political scientists, anthropologists, sociologists, historians, international relations and law experts, as well as lay readers interested in understanding current events.