35 research outputs found
Transnational organised crime in Europe and North America: towards a framework of prevention
Previous volumes of the HEUNI regional reports have paid little or no attention
to transnational organized crime. Although the literature on transnational organized
crime (hereafter TOC) is expanding rapidly, there remain fewstandardized
measures of the problem. There is even less of a formal framework for thinking
about how to prevent TOC in its various forms. The present chapter begins to address
these issues, with an emphasis upon practical aspects of the latter.
In the following section, TOC is defined and set in a global context, a broad
overview of factors relating to recent changes is given, and international legislative
responses are described. This is followed by the presentation of a framework
that is frequently used in discussions of more general crime prevention efforts. It
is proposed that its utilization in this context will help inform the analysis of efforts
to prevent TOC
Mystical Queerings: Ecstasy And Transcendence In Latin American Texts
Although a mystic aesthetic abounds in contemporary and twentieth century Latin American texts, few scholars have published on this topic. This dissertation establishes that mystic themes are far more prevalent in Latin American texts than the scarce scholarship on the topic would suggest. The authors and filmmaker studied in this dissertation reappropriate the structuring metaphors of early modern mysticism: illumination/darkness, ascent/descent, boundaries, spiritual union and active/passive roles. We will note how the stages of the mystic path serve to explore theories on transcendence. A particularly queer way of knowing-mostly through the sense of touch-links itself to affective noetic understanding via ecstasy and transcendence. However, the authors of the primary texts analyzed in this dissertation no longer preserve the concepts of God, sin, or redemption in the traditional sense. While other projects on mysticism in Latin America attempt to exhibit the European influence on Latin American texts, this study endeavors to show that the Latin American texts speak back to the European ones. This investigation places George Bataille and Julia Kristeva's theories on non-religious mysticism into dialogue with novels and films by Carmen Boullosa, Jaime Saenz, Virgilio Piñera, and Carlos Bolado. The true revolution of the non-religious mystical genre that emerges from these Latin American texts comes about through breaking with the gender pairings/power dynamic in bridal mysticism and through not relegating the affective solely to the feminine
Intertextual Regeneration of the "I": a discussion of Juan Goytisolo and Konstantine Cavafy
The European Company (SE) as a Vehicle for Corporate Mobility within the EU: A Breakthrough in European Corporate Law?
The adoption of the Regulation establishing the European Company (Societas Europaea–SE) has been warmly welcomed, since the new pan-european company form is the only veritable vehicle of corporate mobility and community wide restructuring. The present contribution focuses on this ability of complete mobility within the European Union, which consists the most special and fascinating legal feature of the European company, an advantage that for a long time has been denied to national companies. However, this unique feature of the SE is already, two years after the Regulation having become operational, questionable. It has been argued that these advantages are only relative, since cross border mergers are already possible among domestic entities while the reincorporation mechanism, even though it is still a SE’s competitive advantage, suffers from complexity and the strict requirement of territorial correspondence between SE’s registered office and head office.
After outlining the most important mechanisms of corporate mobility that the SE offers, the possibility for companies to merge across borders within the Union by forming an SE and the SE’s ability to transfer its seat to another Member State, we will discuss the recent developments that have occurred in European company law scene since the adoption of the SE Regulation and the consequences they will have on the potential mobility and attractiveness of the SE as a company form.
“No subject in company law has required more efforts, involved more man-hours and received more attention than the statute for a European Company.” After almost forty long, negotiation-filled years the new European Company, the Societas Europaea (SE), is finally a reality. From October 2004, existing European companies have the possibility to use the Societas Europaea as a new corporate form and to enjoy the benefits it professes to provide.
The adoption of the European Company (SE) Regulation has raised much criticism in the doctrinal debate. The Regulation is undeniably no longer the supranational European company of the past drafts but rather, as the final result of a series of compromises, a “hybrid company” combining harmonized substantial rules with references to national company laws. The multiple layers of regulation, ie, the statute itself, the laws implementing the European Company at a national level, national laws of the member states, and the European Company’s constituent documents, which govern the European Company are likely to lead to uncertainty, thereby decreasing rather than increasing the European Company’s attractiveness. Hence many commentators have regarded the new corporate form as a national company “of European type” rather than a stricto sensu European Company. Besides, the failure of the European Statute to address the problem of taxation will clearly undermine the number of firms incorporating as European companies.
From a legal point of view though, the SE statute makes a number of significant innovations to traditional legal concepts. The most important is that for the first time under European company law, the European Company Regulation laid down a legal framework for corporate restructuring in two key areas: by facilitating crossborder mergers between companies to form a European Company and in enabling a European Company, once formed, to transfer its place of registration between Member States without winding up. </jats:p
