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Concerned with the area of illegal transactions, this text addresses practical issues, for example: who can raise the issue of illegality?; must illegality be pleaded? And when can a party recover money or property transferred pursuant to an illegal transaction? Divided into three main sections the text: deals with illegality as a defence to claims in various departments of the civil law; and examines the forfeiture rule as a tool which one party could compel another to disgorge profits which the other has acquired or would otherwise acquire from his illegal conduct. The third section of the text discusses the circumstances when, by way of exception, the court will enforce the claim of a person even though that person has been guilty of an illegality. Overall the text provides an account of the illegalities in civil law and a critical analysis of the current rules, with suggestions for reform.
Studies in International Economics, Volume 1: Illegal Transactions in International Trade: Theory and Measurement embraces the theoretical, empirical, and econometric aspects of international economic analysis. The selection first elaborates on a theoretical analysis of smuggling, an alternative proof of the Bhagwati-Hansen results on smuggling and welfare, and smuggling and trade policy. Discussions focus on optimal tariff and revenue questions, legal trade eliminated by smuggling, legal trade co-existing with smuggling, overinvoicing and underinvoicing of transactions, and smuggling and welfare. The text then examines overinvoicing, underutilization, and distorted industrial growth, fiscal policies, faking of foreign trade declarations, and the balance of payments, and accuracy of economic observations. Topics include statistics of foreign commodity trade, trade tariffs and subsidies, effect on capital complexity, industrial employment and output growth, implications for industrial development, effective exchange rate for capital imports, and foreign-exchange profits of overinvoicing. The manuscript ponders on tariffs and smuggling in Indonesia and the problems of assessing unrecorded trade, including complications in comparing partners' trade accounts, measuring recorded values of all products, market impact of smuggling, and methods for detecting smuggling. The selection is a valuable source of data for researchers interested in international trade.
A groundbreaking investigation of how illicit commerce is changing the world by transforming economies, reshaping politics, and capturing governments.In this fascinating and comprehensive examination of the underside of globalization, Moises Naím illuminates the struggle between traffickers and the hamstrung bureaucracies trying to control them. From illegal migrants to drugs to weapons to laundered money to counterfeit goods, the black market produces enormous profits that are reinvested to create new businesses, enable terrorists, and even to take over governments. Naím reveals the inner workings of these amazingly efficient international organizations and shows why it is so hard — and so necessary to contain them. Riveting and deeply informed, Illicit will change how you see the world around you.
The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.
Underground Economies and Illegal Imports: Business and Legal Strategies to Address Illegal Commerce is a unique resource for lawyers and their clients facing the chaotic landscape of illegal trade in the black and gray markets, where legal remedies are often unobtainable or impracticable. Donald E. deKieffer-a practitioner who has represented more than 60 Fortune 500 companies both in the US and abroad-provides clear descriptions of how international supply and distribution chains are attacked by clever and not-so-subtle thieves around the world. This book is also a helpful source of examples and instructions on how to prepare for these attacks, and the best remedies when they do occur. Underground Economies and Illegal Imports: Business and Legal Strategies to Address Illegal Commerce is a one-of-a-kind guide to the underside of international trade for businesses, law enforcement and policy-makers. The illicit dealers in legitimate (or not-so-legitimate) merchandise are often linked with transnational criminal elements and even terrorists. This book assists international traders in avoiding these problems, or ameliorating any effects.
Underground Economies and Illegal Imports: Business and Legal Strategies to Address Illegal Commerce is a unique resource for lawyers and their clients facing the chaotic landscape of illegal trade in the black and gray markets, where legal remedies are often unobtainable or impracticable. Donald E. deKieffer-a practitioner who has represented more than 60 Fortune 500 companies both in the US and abroad-provides clear descriptions of how international supply and distribution chains are attacked by clever and not-so-subtle thieves around the world. This book is also a helpful source of examples and instructions on how to prepare for these attacks, and the best remedies when they do occur. Underground Economies and Illegal Imports: Business and Legal Strategies to Address Illegal Commerce is a one-of-a-kind guide to the underside of international trade for businesses, law enforcement and policy-makers. The illicit dealers in legitimate (or not-so-legitimate) merchandise are often linked with transnational criminal elements and even terrorists. This book assists international traders in avoiding these problems, or ameliorating any effects.