This article examines the laws on foreign investment in Indonesia, in light of the Indonesian Government’s moves to make the investment climate more attractive for foreign investors. It outlines the benefits and protection made available to foreign investors and the regulations which investors nee...   MORE>>

This article surveys risk planning in project finance and the role of the law in facilitating the process of risk spreading and risk reduction. As project finance typically involves an initial high cost-high risk construction and development period followed by a long capital recoupment period, the r...   MORE>>

The power that company directors often wield makes it all too easy for them to aggrandize power, and more importantly, extract benefits from the company, such as easy loans for themselves, their families and persons closely connected with them. It is therefore not surprising that a large chunk of th...   MORE>>

Indonesia, Southeast Asia’s largest nation was one of the most severely afflicted countries during the economic crisis. So massive was the devaluation of the Indonesian currency, the rupiah, that a rescue package had to be arranged by the International Monetary Fund (IMF) and the World Bank to pre...   MORE>>

The economic opening of the People’s Republic of China in 1979 was greeted rapturously by the international community. The imperative of attracting direct foreign investment became a matter of national priority, and a number of attractive and preferential schemes were introduced to induce foreign ...   MORE>>

This article examines the difference between the Japanese practice of the Uniform Customs and Practice for Documentary Credits and those of other jurisdictions. The author demonstrates why Japanese practice tends to favour banks over beneficiaries, and why in certain circumstances, this is attractiv...   MORE>>

The federal honest services fraud statute proscribes the use of mail or wires to execute a scheme depriving another of the right of honest services. In the private sector, federal courts generally recognize honest services fraud where an employee or agent, using the mail or wires, breaches a fiducia...   MORE>>

“The U.S. financial system resembles a patient in intensive care. The body is trying to fight off a disease that is spreading, and as it does so, the body convulses, settles for a time and then convulses again. The illness seems to be overwhelming the self-healing tendencies of markets. The doctor...   MORE>>

1 Introduction

South Africa’s pristine landscapes and natural resources are under significant threat. This is not subject to debate, but what is, is how to implement a regulatory regime to deal effectively with these environmental realities – a challenge complicated by competing socio-economi...   MORE>>

1 Introduction

Payments made in full and final settlement have on several occasions presented interpretative difficulties for our judiciary, as will become apparent from this case discussion. The Supreme Court of Appeal reversed the judgments of the trial court and the appeal court (full bench of...   MORE>>