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This article deals with the possibility for awarding entities to proceed with the forced execution of all members of an association set up for the performance of public or sectoral procurement contracts provided for by Law 98/2016 and Law 99/2016, in the event that, on the basis of a damage inspection report issued by a judicial public authority, the court definitively grants a judgment in favour of the awarding entity. Unlike commercial companies with legal personality, joint ventures are governed only by contractual clauses and are exempt from any incorporation formalities, as they do not benefit from legal personality. The purpose of the article is to highlight the misinterpretation of substantive law rules when concrete situations arise in which the awarding entity benefits from an enforceable title represented by a final court decision by which it executes all the members of the association although the documents underlying the signature and execution of the works or services contract specify an individual liability. [ABSTRACT FROM AUTHOR]

Copyright of Atlantic Review of Economics / Revista Atlántica de Economía is the property of Colegio de Economistas de La Coruna and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

http://escholarship.org/uc/item/63j6s1tbPopulations of many species of birds are declining worldwide from habitat loss and degradation and the effects of contamination, disease, and alien species. Effects have been great in California’s Central Valley from the loss of over 90% of its historical wetland and riparian habitats. Conservation initiatives at various geographic scales have ranged from protecting and restoring habitats or ecosystems for broad suites of species to ones identifying individual declining and vulnerable taxa and spurring actions to halt or reverse their population declines. In taking the first approach, the Central Valley Joint Venture initially focused on restoring habitats and populations of wintering and breeding waterfowl but currently promotes the conservation of all birds. This joint venture is setting population and habitat objectives for seven taxonomic or habitat bird groups, but to date little attention has been paid to at-risk species of particular conservation concern. We identified 38 at-risk species, subspecies, or distinct populations of birds that warrant heightened conservation efforts in the Central Valley. At-risk birds are unevenly distributed among subregions and habitat types in this valley, but most face the primary threat of habitat loss and degradation. The treatment of at-risk species varies greatly among the seven bird groups considered by the joint venture, and, overall, conservation objectives are not addressed specifically for 50% of the region’s at-risk taxa, though some surely benefit from objectives set for other groups. To adequately treat at-risk species, we recommend a framework for setting conservation objectives that evaluates assumptions about limiting factors, considers objectives already set for threatened and endangered species, assesses whether objectives set for other groups or focal species meet the needs of at-risk species lacking such objectives, establishes objectives for at-risk species for habitats or seasons not currently considered, and highlights information gaps to be filled to effectively set new or refined objectives.

Joint venture universities in China are part of a larger on-going effort to internationalize Chinese higher eclucation and to absorb sonic of the "best practices" from Western univensities. Launchingand operating these joint venture projeds offers many opportunities for increasing cross cultural understanding and raising global awareness among students, staff and faculty. That said, they also present many challenges and difficulties due to vast differences in curriculum formulation and student recruiting and enrollment as well as the high costs associated with ensuring a high-quality academic experience for both Chinese and international students. This paper reviews the over.ill operating experiences of the ten Sino-foreign joint venture universities, with special focus on the experience of Duke Kunshan University (DKU), The author, who served as Executive Vice- Chancellor at DKU between 2015-2020, indicates that despite the numerous complex issues continuously facing these jointly managed campuses, their value in terms of curricular innovation, building greater cross-cultural sensitivity, and promoting a global perspective outweighs any of the immediate political hurdles and academic challenges. [ABSTRACT FROM AUTHOR]

The article examines major trends and prospects regarding the Indian direct investment in the economy of the Russian Federation. The authors comprehensively analyze key factors, the scale, regional and sectoral composition of the Indian direct investment in the Russian economy, scrutinize the evolution of sectoral and regional composition of the Indian FDI, as well as define main challenges and obstacles that investors from India face in Russia and identify medium-term prospects for the Indian capital in the Russian Federation. The research shows that in the current circumstances the significance of the Indian capital in form of direct investment for Russia is substantially growing; its regional presence is steadily increasing; the sectoral diversification of the Indian investment is intensifying. The important indicator in this case is the quality of the Indian capital, its gradually increasing high-technology component. Not only the scale of the Indian direct investment in the Russian economy is changing, but also there is the rise in number of companies investing in Russia. At the same time, if in the early 2000s those companies were mainly large Indian MNCs, nowadays there is an increased interest in Russia among small and medium-sized high-technology enterprises of India that promote innovative development of the Russian regions. Of utmost importance is the fact that the Indian capital is also invested in small-scale industry, promoting upgrade of technological equipment of small and medium-sized enterprises in Russia. These noticeable changes in the Indian capital movement will substantially contribute to enhanced economic cooperation between the two countries.

Five full years of the functioning of the Eurasian Economic Union (EAEU) provide an opportunity to highlight the main trends of cooperation under this association and to summarize some of their results. The article discusses the trends and results of Kazakhstan’s foreign economic cooperation with the EAEU countries in the main areas, including mutual trade, mutual investments, as well as some others. The analysis revealed that in most areas of cooperation between Kazakhstan and the EAEU countries during the period of the union’s existence, leading dynamics were observed, which indicates the positive results for the national economy of the first five years of operation as part of the integration association.

Musharakah Tijariah Cross-Border Financing (“Product”) is the product to enable the Bank to undertake projects and contract cross-border financing activities or other identified business ventures on “pure” Joint Venture basis, using the underlying Islamic financing contract, structure and epistemological development that are expected to inject greater Musharakah concept, structure and epistemological development and also that is expected to inject greater prosper to the Bank’s overall performance and ultimately able to assist small time landowners in a big way through business risk sharing. This paper also provides the link of financial access for Muslim Small Medium Entrepreneurs to Islamic venture capital as alternative financing business innovation with blockchain strategies.

In Austria Asphalt, the Court of Justice issued the first preliminary ruling related to the EU merger control regime. In Advocate General Kokott’s words, the Austrian Supreme Court asked the Court of Justice to answer the fundamental question of what constitutes a concentration between undertakings within Article 3 of the EUMR. The Court of Justice held that Article 3 of the EUMR must be interpreted as meaning that a concentration is deemed to arise upon a change in the form of control of an existing undertaking which, previously exclusive, becomes joint only if the joint venture created by such a transaction performs on a lasting basis all the functions of an autonomous economic entity. Although the ruling was rendered in the context of a specific transaction scenario, the underlying reasoning could shed new light on how to assess transactions that fall between acquisition of control and creation of a joint venture. However, this reasoning is incompliant with the purposes and economic foundations of the EU merger control regime. This can be proven both in relation to the transaction scenario directly covered by the question for a preliminary ruling and, if extrapolated, in relation to other transaction scenarios.

Subject and purpose of work: The subject matter of this paper includes selected examples of tools applied in systems analysis and strategic analysis in relation to the influence of their results on the forms of cooperation between business entities. The study is aimed at provoking a deeper thought on the outcomes of the lack of a system-based approach on the effects of cooperation, and consequently at reducing the negative experience arising from the lack of understanding of the conditions affecting the expected results.

The purpose of the article. The purpose of the study is to analyze joint entrepreneurship as a specific form of technology transfer, taking into account modern strategic goals of domestic enterprises. Methodology. The article relies on scientific research in this area by domestic and foreign scholars. Theoretical and methodological foundations of the article are a set of principles and methods of scientific research: the principle of systematization and theoretical generalization, methods of structural and functional as well as of comparative analysis. Results. The article analyzes and defines the essence and nature of joint venture as a form of international scientific and technological cooperation within technological platforms; it reviews and improves the mapping of joint venture implementation; the article suggests a model of selection mechanism for effective form of joint venture. Practical implications. The implementation of the mechanism for selecting an effective form of joint venture, developed in this study, can potentially yield good results and improve the level of competitiveness of domestic enterprises. Value (originality). This study emphasizes the problem of selecting forms of joint entrepreneurship in the process of technology transfer and analyzes a number of factors of interaction between enterprises. The conducted research shows that the development of inter-company relations is a characteristic feature of modern global and domestic economy. The analysis shows that the success and effectiveness of cooperation depends on the form of joint venture.

Research on the political risk and entry mode of multinational companies (MNCs) has been one of the major subjects of interest in international business terrain, and the political risk factor has constitute a major basis for explaining whether exporting, licensing, franchising, or joint venture agreement (JVA) and Foreign direct investment seems to be appropriate. As such, the study examined the effect of political risk as it affects the entry mode strategies of selected multinational corporations in Nigeria as the economy of most developing economies has been characterized as being exposed to political instability and risk. The research adopted the survey technique with inference to the expo facto method and adopted questionnaire as an instrument through content and test re-test appraisal before data were analyzed through the IBM Statistical Package for the Social Sciences. The results from the analysis indicated that franchising remains a viable option of multinationals in Nigeria and the second hypothesis indicated that licensing significantly reduces the risk exposure of multinational corporations as the licensor have lesser liability in an unstable political economy of the licensee. Based on these findings companies are recommended to adopt appropriate entry strategies in line with governmental policies and economic situation before entering foreign markets. JEL CODES: M1, M10

Contractual joint ventures are efficient and effective arrangements that allow parties to collaborate on a profitable undertaking while minimizing entanglement and complexity. However, judicial treatment of contractual joint ventures in Canada has left them susceptible to being treated as partnerships and incurring the accompanying liabilities imposed by partnership law. The current framework used by Canadian courts fails to differentiate contractual joint ventures from partnerships and threatens their existence and utility as distinct business arrangements. This article proposes a new framework to assist courts in identifying contractual joint ventures. The new framework also provides guidance to business entities and parties about how they might structure their arrangements as contractual joint ventures and so avoid the obligations and liabilities of partnership. In addition to the new framework, this article also provides an overview of joint ventures more generally and the academic discussion concerning their existence and substance. [ABSTRACT FROM AUTHOR]

Public Private Partnership as a practice is making its impact on the Nigerian landscape. The growth of Public private partnerships is linked to the insufficient funds available to government for financing numerous development projects (including Housing) as well as governments poor risk management capacity. The noted challenges to government financing and its impact on the nation’s development, has increased the prospects of Public Private Partnerships as an alternative to delivery of infrastructure and housing. The study investigated the Effect of Public Private Partnerships on Delivery of Affordable Housing in Nigeria. Also, other objectives include; examining the impact of management contracts on the delivery of affordable housing in Nigeria, to identify the effect of Joint venture on the delivery of affordable housing in Nigeria. The researcher adopted the survey research design and structured questionnaire was used as instrument for data collection. Data analysis was committed to descriptive statistics of mean and percentages as well as correlation and regression analysis. The results showed that there is significant impact of management contracts on the delivery of affordable housing in Nigeria, there is positive effect of joint venture on the delivery of affordable housing in Nigeria. The study concludes that for public private partnerships to prosper and achieve these objectives, any partnership must establish metrics for success, be able to quantify and track their accomplishments, and spot and address emerging problems. It was recommended that the government must assume the responsibility to ensure that appropriate and affordable infrastructure services are provided to all citizens. It was also recommended that the Government adopts and establishes a Viability Gap funding framework and programme to attract private sector participation and alternative and impact sources of funding to facilitate affordability and enable the identification, development and successful execution of Public Private Partnership Infrastructure and Affordable Housing Projects. [ABSTRACT FROM AUTHOR]

We model strategic interaction between a domestic firm and a foreign firm involved in a joint venture, incorporating negotiations over equity shares and its implications for stability in the context of an emerging country. The foreign firm has superior technology, whereas the domestic firm has better local market knowledge. Modelling simultaneous innovation effort and bargaining power over equity share, we provide a rationale for the stability of the joint venture. We find that a certain level of technological knowledge can empower the bargaining power under certain parameter configurations and assumptions, such that the firms will negotiate to agree over their equity shares and maintain the joint venture. In this context, the stability of the joint venture is always an expected outcome. We have also shown that the domestic firm's bargaining power and knowledge acquisition directly affect the domestic firm's R&D effort and threaten the stability of the JV. We try to justify a probable situation where the firms may negotiate hard over equity shares but still maintain the joint venture. [ABSTRACT FROM AUTHOR]

Context: The North American Waterfowl Management Plan and the Upper Mississippi River/Great Lakes Joint Venture waterfowl habitat conservation strategy provide continental and regional guidance, respectively, for waterfowl habitat conservation planning. They were not designed to guide watershed- scale waterfowl habitat delivery. Objective: Our goal was to develop a waterfowl habitat decision support framework for the state of Wisconsin using biological and social criteria to guide state and local-scale practitioners with an explicit link to larger scale objectives. Methods: We engaged a core group of wetland and waterfowl experts to decide upon decision support layers relevant to biological and social objectives, evaluate variables, establish weights, and review model outputs for reasonableness and accuracy. We used spatial analyst tools, kernel density estimators, and weighted sums to create spatially explicit models to identify landscapes and watersheds important for waterfowl. We identified habitat resources that exist currently (Conservation Capital) and considered potential resources (Conservation Opportunities) which could enhance wetland restoration efforts. Results: We developed a transparent framework to identify and prioritize landscapes for conserving waterfowl habitat at the Hydrologic Unit Code 12 watershed scale in Wisconsin, by maintaining continental and regional priorities, and including local landscape characteristics, biological criteria, and researcher, manager, and biologist expertise. Conclusions: Local detail is critical for implementing waterfowl habitat delivery and making efficient use of limited funds for conservation but can be more abstract in larger regional or continental conservation planning. Our models are science-based, transparent, defensible, and can be modified as social, political, biological, and environmental forces change. [ABSTRACT FROM AUTHOR]

The existence of groups of companies is a relatively new issue for professional accountants, the academic environment, as well as for regulatory bodies in the field of accounting in Romania. In this context, the theoretical and practical aspects of the preparation of the consolidated annual financial statements generate extensive debates among accounting specialists, in order to find practical solutions to support the understanding and correct application of accounting regulations in the field of the consolidation of accounts. In two articles, we will present the accounting treatment of the disposal of securities held, within subsidiaries, associates, as well as in jointly controlled companies, by companies that prepare consolidated annual financial statements. The issue of disposal of securities held with entities whose individual financial statements are subject to consolidation will be presented in the form of case studies, structured as follows: Elimination of securities held with affiliated entities (object of previous article); Elimination of securities held in associates and jointly controlled entities (joint ventures) - object of this article.

Since independence in 2011, the Republic of South Sudan has witnessed growth in the financial systems and the overall economy. This has led to growth in the number of financial institutions in the country. There is however minimal research on their overall performance. Hence the current research sought to determine the effect of ownership structure, bank stability and the financial performance of commercial banks in South Sudan. The population for the study was all the 29 commercial banks in South Sudan. Secondary data was collected for the period 2012-2017 from audited annual financial reports of individual banks and the Central Bank of South Sudan reports while primary data was collected by the use of a semi-structured questionnaire. Collected data was edited, sorted and coded into SPSS 23 for subsequent data analysis using SPSS 23 statistical analysis tool. This research utilized both descriptive and inferential statistical methods in the analysis. Statistical tests to be utilized in the study included t-tests, f-test, regression models and ANOVA models. Findings of the research were presented using frequencies, percentages, means, standard deviation, correlation coefficients, charts, tables, and other statistical measures. Results of the study indicated there was a statistically significant moderating effect of ownership structure on the financial performance of commercial banks in South Sudan. This study recommends that the government should adopt better measures to safeguard public-owned commercial banks to improve their efficiency and performance.

This article is dedicated to the analysis of the basic forms of Market access in Russia. Different types of the market access for foreign companies have been considered, advantages and disadvantages of each types of localization have been analyzed, as well as the main problems faced by foreign companies in the process of localization have been revealed.

Most companies that market their products in Indonesia in order to pass TKDN using the concept of Joint Venture agreements (PMA) often the parties working together are unbalanced in real terms the shares of foreign owners are greater than domestic shareholders. In such conditions the strong parties tend to impose their will on the weaker party. Therefore, according to the principle of freedom of contact in relation to the free market, in fully contracting is an affair of the parties, however legal protection and public interest are therefore required from government interference in the form of regulation or restrictions. The restrictions in regulating technology transfer from developed countries to developing countries aim to protect the interests of countries that divert technology because the inventor of the technology is considered to have made maximum efforts to find related technology but on the other hand the state is also obliged to protect and improve the welfare of its citizens from that, restrictions on patent licenses are needed so that the TKD is truly "real" and does not reduce the incoming FDI. Based on this, the authors formulated a number of issues namely: Why are restrictions on patent licenses needed and What are the legal consequences of limiting patent licenses . The results of the discussion show that the transfer of technology is needed for developing countries needed to advance their products in the era of globalization so that arrangements for it are needed so that in case of cooperation there is no inequality. And, the role of law in the policy of technology transfer to transform agrarian societies into industrialist societies. Here there is a dilemmatic situation on the one hand the acceleration of mastery of technology including the acceleration of development needs to be done by being open to the owners of capital and technology (which generally comes from developed countries), while on the other hand we still have to maintain national interests. Here is related to the authority of the state to regulate the process of technology transfer. In this global era, after the WTO agreement was reached, which was linked to 2 (two) technology transfer agendas, namely TRIMS and TRIPS. Foreign technology protection was very much needed in the context of foreign investment.

The limiting factors of foreign direct investment (FDI) are of considerable significance to managers, governments, and scholars, as these factors directly influence the profitability of a foreign subsidiary and its parent multinational company. The aim of the paper is to present the results of research studies on the identification of FDI-limiting factors of the host country in relation to the firms' ownership equity-based mode. It illustrates the results of a field survey involving direct interviews conducted with Polish companies as the direct investors. The research results confirmed that joint ventures might be used by Polish companies to reduce the difficulties related to the availability of resources. However, there was no strong conclusive evidence of the expected link between the higher barriers on running a business and the ownership equity-based mode. [ABSTRACT FROM AUTHOR]

Copyright of Galatasaray Üniversitesi Hukuk Fakültesi Dergisi is the property of GALATASARAY UNIVERSITESI HUKUK FAKULTESI and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

We periodically benchmark joint venture (JV) legal and ancillary agreements to understand prevalent practices, and identify underappreciated risks and creative structures to inform JV practitioners. We recently benchmarked 25 cross-industry master secondment agreements (MSAs) against 28 terms. Most were silent on more than 50 per cent of terms we expected to see. This is critically important for natural resources (where up to 83 per cent of upstream production of major oil companies comes from JVs), and because secondees are seen in at least 80 per cent of JVs. We make the case that companies need to draft better MSAs, and provide guidance on improving secondee management without renegotiation. [ABSTRACT FROM AUTHOR]

Academic literature points to the joint venture as an instrument for en-trepreneurship and interorganizational learning. This particular type of partnership allows partners to develop two learning processes: one concerns the knowledge provided by the partner in the joint venture, and the other revolves around the process of cooperation. Most studies that analyze the relationship between the two types of learning suggest that learning knowledge provided by the partner is positively influenced by cooperative learning. This study analyzes this assumption by looking at a sample of 81 firms that have participated in joint ventures. Using original measurement scales, the final results show that the relationship between the two types of learning is not unidirectional but bidirectional.

In article various theoretical aspects of an exit of the companies on the foreign markets are considered. Influence of globalization on productivity of the companies is considered, ways and factors of a choice of strategy of an exit to the world market are analysed. The behavioural and cultural aspects influencing strategy of an exit to the world market are analysed. The analysis of strategy of the companies which have entered the foreign markets, is carried out taking into account the previous researches in this area.The following conclusions became result of research: 1) globalization positively influences the companies as the market increases, however the small companies and the companies in emerging markets lose in competitive fight; 2) the companies with considerable experience are inclined to choose strategy of opening of own enterprise while the organizations without similar experience prefer export or joint venture in the host country territory; 3) the strategy choice with a bigger involvement of resources is directly proportional to knowledge of culture of the country to which there is a company. At entry into the market with other culture smooth adaptation is necessary for successful realization of strategy. At last, people are inclined to make behavioural mistakes, and knowledge of them and continuous control will help to achieve successful results; 4) for an exit and successful work in the foreign markets of the company important not only to possess competences, but also to be able to protect them and to keep in time; 5) on the market with high political and investment risks, and also adverse economic conditions of the company are inclined to choose strategy with the minimum investment of money (franchizes, licensing).

En el contexto actual de dinámica inversión empresarial esta se hace posible a través de los contratos asociativos que articulan empresas que persiguen un fin común. Un antecedente importante de estos contratos asociativos en el derecho comparado es el joint venture o el contrato de riesgo comparativo; no obstante, es conveniente diferenciar entre el joint venture contractual y el joint venture corporativo. Este último será materia del análisis del presente estudio junto con el tratamiento tributario de los consorcios en la Ley del Impuesto a la Renta.

The choice of contract type in oil fields has always been one of the main and problematic challenges in Iran and elying in making decisions in this regard leads to a dely or non-investment. On the other hand, one of the ways to recognize the components of bargaining power is to recognize and evaluate various types of international contracts. Therefore, in thiss study, while introducing the fiscal model of the contractual agreement concluded in Iran, as well as a combination of contracts for participation in traditional production in Azerbaijan with Joint venture, has been applied to financial simulation in Duroud oil field. After explaining the optimization problem using the generalized reduction gradient method, the optimal production path from the perspective of the parties to the contract is estimated andcompared with the production path specified in the buy back contract. The results show that the use of share-based indicators of project revenues and the net present value of a project for evaluate of oil contracts can be misleading. The oil production path agreed in the Buy back contract is higher than the optimal production path from the perspective of both sides of the combined contract. Tthis is due to the desire of the International Oil Company to rapidly capture capex and remuneration fee in the shortest possible time. Increase in recoverable reserves due to gas injection (presented in MDP), which was approved in buy back contract is less than its optimal amount from the viewpoint of Joint venture in a hybrid contract. This indicates that the proposed hybrid contract is closer to the Maximum Effective Rate and Maximum Final Recovery from Oilfields than the conventional buy back agreement in Iran.

Relevance. Joint economic structures occupy an important place in the economy of Azerbaijan. They are actively involved in the formation of GDP and the organization of new highly paid jobs. However, the prevailing number of these enterprises are small ones, and the volume of their production tends to decrease. The number of them representing the CIS countries is insignificant and they are not sufficiently developed on the territory of the Republic. Up to 20% are foreign and joint ventures out of the total number of annually liquidated business structures. All these facts urgently require the development and implementation of scientifically based recommendations for improving the activities of joint ventures in the Republic. Goal. Assess the state of the organization of joint business in Azerbaijan, identify relevant reserves and propose specific recommendations for their rational use. Methods. The methods of the economic-statistical grouping, the graphic method of comparative analysis were used in the article. Results. The factors negatively influencing the effective organization of joint business are revealed. Conclusions. As a result of the analysis, it was revealed that the irrational placement of foreign and joint ventures in the spheres of economic activity and regions adversely affects the growth of production volume and the development of innovative infrastructures. For the rational organization of joint business, it is necessary to develop real investment projects, to increase diversification in the sectoral structure, to intensify the process of creating joint ventures in the agricultural sector and in the manufacturing sub-sectors.

Collaboration between firms is not a new concept, but the new thing that can be seen is that the collaborations have increased significantly during the past couple of decades, along with the increasing international competition. Moreover, the nature of collaboration has changed, shifting from peripheral interests to the very core functions of the corporation, and from equity to non-equity forms of collaboration. This paper essentially focuses on the legal framework governing the various aspects of a Joint Venture in India in brief, the methods of Joint Ventures, as well as RBI regulations on the topic. The research methodology adopted is largely analytical and descriptive. Reliance has been placed largely on various sources like articles and online articles.

The article is devoted to the competitive positions of joint venture. The planning of the joint venture activity is carried out primarily by a foreign investor who assesses the competitive advantages of different countries and regions according to the main criteria. Competitiveness of an enterprise can be determined on the basis of the stages of competition development. Joint ventures are submerged in the competitive environment of the world economy more than enterprises operating in national markets. However, regional competition should take into account competition. The region as a kind of intermediate level between the world market and a separate enterprise can greatly facilitate or sharply complicate the conduct of foreign economic activity.