Workplace standards that Adidas' policy upholds include the freedom for workers to take part in collective bargaining and a non-retaliation policy towards workers who express concerns.
[43] In practice, however, many of Adidas' suppliers have not upheld these standards. At the Panarub factory in Java, 33 workers were fired after striking for better pay in 2005.
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PT Kizone is another Indonesian factory where Adidas has received criticism over treatment of workers. They produced products for Adidas as well as Nike and the Dallas Cowboys until they closed recently in January 2011. Laid off were 2,686 workers, who are owed $3 million in severance pay and benefits. Nike has contributed $1.5 million but Adidas has not acted.
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A campaign has been initiated by United Students Against Sweatshops calling for universities to cut contracts with Adidas.
[45] On 16 July 2012, War on Want
[46] organised activists in London to replace Adidas price tags in sports stores with 34p ones, a reference to the low hourly wage rate paid to the Indonesian workers who make Adidas goods.
[47] Sony VAIO VGN-AW120J/H Battery
The campaign group Labour Behind the Label claimed that the basic pay of Indonesian Adidas workers was only £10 a week. William Anderson, head of social and environmental affairs for the Asia Pacific region, posted an entry on the company blog in which he sought to justify the 34p an hour pay rate.
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Adolf "Adi" Dassler (born 3 November 1900 in Herzogenaurach, Kingdom of Bavaria, German Empire; died 6 September 1978 in Herzogenaurach, West Germany) was the founder of the German sportswear company Adidas.
Trained as a cobbler, Adi Dassler started to produce his own sports shoes in his mother's laundry after his return from World War I.
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His father, Christoph, who worked in a shoe factory, and the Zehlein brothers, who produced the handmade spikes for track shoes in their blacksmith's shop, supported Dassler in starting his own business. On 1 July 1924, his older brother Rudolf Dassler joined the business, which became the
Gebrüder Dassler Schuhfabrik (
Dassler Brothers Shoe Factory).
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At the 1928 Olympics, Dassler equipped many athletes, laying the foundation for the international expansion of the company. During the 1936 Summer Olympics in Berlin, Dassler equipped Jesse Owens of the USA with his shoes. Jesse Owens won 4 gold medals in the year he wore Adi's shoes.
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With the rise of Adolf Hitler in the 1930s, both Dassler brothers joined the Nazi Party, with Rudolf reputed as being the more ardent National Socialist.
[1] Rudolf was drafted, and later captured, while Adi stayed behind to produce boots for the Wehrmacht.
[2] Sony VAIO VGN-AW190JAH Battery
The war exacerbated the differences between the brothers and their wives. Rudolf, upon his capture by American troops, was suspected of being a member of the SS, information supposedly supplied by none other than his brother Adi.By 1948, the rift between the brothers widened. Rudolf left the company to found Puma on the other side of town (across the Aurach River), and Adolf Dassler renamed the company Adidas after his own nickname. (
Adi Dassler).
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In 1973, Adolf Dassler's son Horst Dassler founded Arena, a producer of swimming equipment. After Adolf Dassler's death in 1978, Horst and his wife Käthe took over the management. Horst died nine years later, in 1987.
Adidas was transformed into a private limited company in 1989, but remained family property until itsIPO in 1995.
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A
multinational corporation (MNC) or
multinational enterprise (MNE)
[1] is a corporation that is registered in more than one country or that has operations in more than one country. It is a large corporation which both produces and sells goods or services in various countries.
[2] Sony VAIO VGN-AW190NCB Battery
It can also be referred to as an
international corporation. They play an important role in globalization. The first multinational corporation was the Dutch East India Company, founded March 20, 1602.Corporations may make a foreign direct investment. Foreign direct investment is direct investment into one country by a company in production located in another country either by buying a company in the country or by expanding operations of an existing business in the country.
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A subsidiary or daughter company
[6] is a company that is completely or partly owned and wholly controlled by another company that owns more than half of the subsidiary's stock.
[7][8]
A corporation may choose to locate in a special economic zone, which is a geographical region that has economic and other laws that are more free-market-oriented than a country's typical or national laws.
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Multinational corporations are important factors in the processes of globalization. National and local governments often compete against one another to attract MNC facilities, with the expectation of increased tax revenue, employment, and economic activity. To compete, political powers push towards greater autonomy forcorporations, or both.
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MNCs play an important role in developing the economies of developing countries like investing in these countries provide market to the MNC but provide employment, choice of multi goods etc.
On the other hand, economist Jagdish Bhagwati has argued that in countries with comparatively low labor costs and weak environmental and social protection, multinationals actually bring about a 'race to the top.'
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While multinationals will certainly see a low tax burden or low labor costs as an element of comparative advantage, Bhagwati disputes the existence of evidence suggesting that MNCs deliberately avail themselves of lax environmental regulation or poor labor standards. As Bhagwati has pointed out, MNC profits are tied to operational efficiency, which includes a high degree of standardisation.
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Thus, MNCs are likely to adapt production processes in many of their operations to conform to the standards of the most rigorous jurisdiction in which they operate (this tends to be either the USA, Japan, or the EU). As for labor costs, while MNCs clearly pay workers in developing countries far below levels in countries where labor productivity is high
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(and accordingly, will adopt more labor-intensive production processes), they also tend to pay a premium over local labor rates of 10 to 100 percent.
[9] Finally, depending on the nature of the MNC, investment in any country reflects a desire for a medium- to long-term return, as establishing plant, training workers, etc., can be costly.
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Once established in a jurisdiction, therefore, MNCs are potentially vulnerable to arbitrary government intervention such as expropriation, sudden contract renegotiation, the arbitrary withdrawal or compulsory purchase of licenses, etc. Thus, both the negotiating power of MNCs and the 'race to the bottom' critique may be overstated, while understating the benefits (besides tax revenue) of MNCs becoming established in a jurisdiction.
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Conflict of laws (or
private international law) is a set of procedural rules that determines which legal system and which jurisdiction apply to a given dispute. The rules typically apply when a legal dispute has a "foreign" element such as a contract agreed to by parties located in different countries, although the "foreign" element also exists in multi-jurisdictional countries such as the United Kingdom, the United States, Australia and Canada.
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The term
conflict of laws itself originates from situations where the ultimate outcome of a legal dispute depended upon which law applied, and the common law courts manner of resolving the conflict between those laws. In civil law, lawyers and legal scholars refer to conflict of laws as private international law.
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Private international law has no real connection with public international law, and is instead a feature of local law which varies from country to country.
Its three different names –
conflict of laws,
private international law, and
international private law – are generally interchangeable, although none of them is wholly accurate or properly descriptive.
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The term
conflict of laws is primarily used in jurisdictions of the Common Law legal tradition, such as in the United States, England, Canada, and Australia.
Private international law (
droit international privé) is used in France, as well as in Italy, Greece, and the Spanish- and Portuguese-speaking countries.
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International private law (
internationales Privatrecht) is used in Germany (as well asAustria, Liechtenstein and Switzerland), Russia and Scotland.
Within the federal systems where legal conflicts among federal states require resolution, as in the United States andAustralia, the term
conflict of laws is preferred simply because such cases do not involve an international issue.
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Hence,
conflict of laws is a general term to refer to disparities among laws, regardless of whether the relevant legal systems are international or inter-state. The term, however, can be misleading when it refers to
resolution of conflicts between competing systems rather than "conflict" itself.
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The term
private international law was coined by American lawyer and judge Joseph Story, but was abandoned subsequently by common law scholars and embraced by civil law lawyers.
The first instances of conflict of laws in the Western legal tradition can be traced to Greek law. Ancient Greeks dealt straightforwardly with multistate problems, and did not create choice-of-law rules.
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Leading solutions varied between the creation of courts for international cases, or application of local law, on the grounds that it was equally available to citizens of all states.
[1]
More significant developments can be traced to Roman law. Roman civil law (
jus civile) being inapplicable to non-citizens, special tribunals had jurisdiction to deal with multistate cases.
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The officers of these specialized tribunals were known as the praetor peregrini. The Praetor peregrini did not select a jurisdiction whose rules of law should apply. Instead, they "applied" the "jus gentium." The jus gentium was a flexible and loosely-defined body of law based on international norms. Thus the praetor peregrini essentially created new substantive law for each case.
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Today, this is called a "substantive" solution to the choice-of-law issue.
The modern conflict of laws is generally considered to have begun in Northern Italy during the late Middle Ages and in particular at trading cities such asGenoa, Pisa and Venice. The need to adjudicate issues involving commercial transactions between traders belonging to different cities led to the
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development of the theory of
statuta, whereby certain city laws would be considered as
statuta personalia "following" the person whereby it may act, and other city laws would be considered as
statuta realia, resulting in application of the law of the city where, e.g., the
res would be located (cf.
lex rei sitae).
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Maritime law was also a great driver of international legal rules; providing for the enforcement of contracts, the protection of shipwrecked sailors and property, and the maintaining of harbours.
[3]
The modern field of conflicts emerged in the United States during the nineteenth century with the publishing of Joseph Story's treatise on the conflict of laws in 1834.
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Story's work had a great influence on the subsequent development of the field in England such as those written by A.V. Dicey. Much of the English lawthen became the basis for conflict of laws for most Commonwealth countries.
However, in the US, Story's work fell out of fashion in the mid-twentieth century.
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Traditional conflict of law rules were widely perceived as too rigid and unresponsive to the needs of a highly mobile society undergoing the Second Industrial Revolution. They were replaced with a number of approaches, of which the most important is the governmental interests analysis pioneered by law professor Brainerd Currie in a landmark series of essays.
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As a result of Currie's work, the rules for conflict of laws in the United States have diverged significantly from the rules in use at the international level.
In those states with an underdeveloped set of Conflict rules, decisions on jurisdiction tend to be made on an
ad hoc basis,
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with such choice of law rules as have been developed embedded into each subject area of private law and tending to favour the application of the
lex fori or local law. In states with a more mature system, the set of Conflict rules stands apart from the local private civil law and adopts a more international point of view both in its terminology and concepts.
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For example, in the European Union, all major jurisdictional matters are regulated under the Brussels Regime, e.g. the rule of
lis alibi pendens from Brussels 1 Regulation applies in the Member States and its interpretation is controlled by the European Court of Justice rather than by local courts. That and other elements of the Conflict rules are produced supranationally and implemented by treaty or convention.
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Because these rules are directly connected with aspects of sovereignty and the extraterritorial application of laws in the courts of the signatory states, they take on a flavour of public rather than private law because each state is compromising the usual expectations of their own citizens that they will have access to their local courts, and that local laws will apply in those local courts.
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Such aspects of public policy have direct constitutional significance whether applied in the European context or in federatednations such as the United States, Canada, and Australia where the courts have to contend not only with jurisdiction and law conflicts between the constituent states or territories, but also as between state and federal courts, and as between constituent states and relevant laws from other states outside the federation.
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In divorce cases, when a court is attempting to distribute marital property, if the divorcing couple is local and the property is local, then the court applies its domestic law lex fori. This becomes much more complicated when local laws allow polygamy. For example, Saskatchewan Canada stands alone as a province in Canada that allows more than one spouse at a time per person.
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Each province has similar marital property laws, but what happens when one or more provinces ignore the federal polygamy law? In this case some of the spouses receive/give marital property from two or more simultaneous spouses, while others may only receive/give from one spouse only, depending on whether their home province allows polygamy.
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The case becomes even more complicated if foreign elements are thrown into the mix, such as when the place of marriage is different from the territory where divorce was filed; when the parties' nationalities and residences do not match; when there is property in a foreign jurisdiction; or when the parties have changed residence several times during the marriage.
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Each time a spouse invokes the application of foreign law, the process of divorce slows down, as the parties are directed to brief the issue of conflict of laws and provide translations of the foreign laws.
Different jurisdictions follow different sets of rules. Before embarking on a conflict of law analysis, the court must determine whether a property agreement governs the relationship between the parties.
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The property agreement must satisfy all formalities required in the country where enforcement is sought.Whereas commercial agreements or prenuptial agreements generally do not require legal formalities to be observed, when married couples enter a property agreement, stringent requirements are imposed, including notarization, witnesses, special acknowledgment forms.
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In some countries, these must be filed (or docketed) with a domestic court, and the terms must be “so ordered” by a judge. This is done in order to ensure that no undue influence or oppression has been exerted by one spouse against the other. Upon presenting a property agreement between spouses to a court of divorce,
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that court will generally assure itself of the following factors: signatures, legal formalities, intent, later intent, free will, lack of oppression, reasonableness and fairness, consideration, performance, reliance, later repudiation in writing or by conduct, and whichever other concepts of contractual bargaining apply in the context.
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In the absence of a valid and enforceable agreement, here’s how the conflict of law rules work:
Movable v. Real Estate - In general, applicable matrimonial law depends on the nature of the property. Lex situs is applied to immovable property (i.e., real estate), and the law of matrimonial domicile applies to movable property, provided there has been no subsequent change in the spouses’ domicile.
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Full Mutability Doctrine - property relations between spouses are governed by their latest domicile, whether acquired before or after the marriage.[6] This is also the norm in England, except for a few cases where severe injustice results from a harsh application. In those cases, the court also examines whether newly acquired property can be traced back to property owned before the change. Sony VAIO VGN-AW83HS Battery
Immutability Doctrine - the original personal law of the parties at the time of marriage continues to govern all property including subsequently acquired property, regardless of a later change in domicile or nationality. This is the Continental approach in France, Germany and Belgium. Also, with certain reservations, see Art. Sony VAIO VGN-AW90NS Battery
7 of the 1976 Hague Convention on Marriage and Matrimonial Property Regimes. Also in Israel: “property relations between spouses shall be governed by the law of their domicile at the time of the solemnization of the marriage, provided that they may by agreement determine and vary such relations in accordance with the law of their domicile at the time of making the agreement”. Sony VAIO VGN-AW90S Battery
Note that the Israeli application of the Immutability Doctrine does not distinguish between personal and real property. Both are subject to the law of domicile at marriage.
Partial Mutability or Mutability of New Acquisition - this is the American approach to conflicts of law in matrimonial property division cases. Sony VAIO VGN-AW90US Battery
All movable property acquired during the marriage is subject to the parties’ domicile law at the time of acquisition, and not that of the original or intermediate domicile. What was acquired before the marriage is governed by the law of the parties' domicile at the time of marriage. Thus, if rights vested in a property when and where it was purchased, it would not be adversely affected by a later change of domicile. Sony VAIO VGN-AW91CDS Battery
Lex Fori - In many cases, courts simply avoid this complicated and expensive analysis by applying their local law to the parties' entire property, even if there is a foreign element. This is based on the assumption that laws around the world are basically similar in their treatment of marriage as a co-partnership. Sony VAIO VGN-AW91CJS Battery
Since the partnership can be placed in the forum, the forum’s law applies to all its aspects.
Note that Lex Fori also applies to all procedural relief (as opposed to substantive relief). Thus, issues such as the ability to grant pre-trial relief, procedure and form, as well as statutes of limitations are classified as “procedure” and are always subject to domestic law where the divorce case is pending. Sony VAIO VGN-AW91CYS Battery
Unlike marriage which has an international recognised legal status, there are no international treaties on recognition of unmarried couple's legal status. If an unmarried couple change residence to different countries, then the local law on where the couple is last domiciled is applied to them. Sony VAIO VGN-AW91DS Battery
This covers, legal; status of the relationship, rights, obligations and all worldwide movable and immovable property. To otherwise interpret the law would mean if the unmarried couple had assets in several different countries, they would then need separate legal cases in each country to resolve all their movable and immovable property. Sony VAIO VGN-AW91JS Battery
Many contracts and other forms of legally binding agreement include a jurisdiction or arbitration clause specifying the parties' choice of venue for any litigation (called a forum selection clause). Then, choice of law clauses may specify which laws the court or tribunal should apply to each aspect of the dispute. This matches the substantive policy of freedom of contract. Sony VAIO VGN-AW91YS Battery
Judges have accepted that the principle of party autonomy allows the parties to select the law most appropriate to their transaction. Obviously, this judicial acceptance of subjective intent excludes the traditional reliance on objective connecting factors, but it does work well in practice. Generally, when the court is to apply a foreign law, it must be proved by foreign law experts. Sony VAIO VGN-AW92CDS Battery
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