The Experts below are selected from a list of 360 Experts worldwide ranked by ideXlab platform
Jan Hendrik H Dalhuisen - One of the best experts on this subject based on the ideXlab platform.
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business law in europe after brexit the need for legal transnationalisation in the International Market place the example of International assignments
Social Science Research Network, 2021Co-Authors: Jan Hendrik H DalhuisenAbstract:After Brexit, legislators, practitioners, and legal scholars in the EU have to reconsider what may be legally needed to support business increasingly conducted in or from the EU rather than from London. Practically, practitioners and legal scholars will have to ask whether and to what extent a contractual choice of English or alternatively New York law is or remains sufficiently effective and enforceable especially in proprietary and regulatory matters to overcome the basic conflicts of law approach still cutting up transactions in the International business flows into local parts depending on closest connections in the hope that these legal pieces together still present an adequate legal framework for the business as a whole. The true question is then to what extent common law can remain dominant through a party choice of law. More fundamentally, in all International commerce and finance, therefore in International professional dealings, not only this approach but substantive key building blocks of private law may need reconsideration, especially new financial structures and funding mechanisms, to operate and find more universal legal support. This goes well beyond the EU or a party choice of law and affects all national legal systems connected with the International Market place and its operation, therefore also the U.S, South America, Japan, China, South Korea, Singapore, India, Indonesia, and many others. The question then is what the alternatives are. It is submitted that transnationalisation of private law is here the more ready and efficient tool and way forward especially in trans-border manufacturing, supply, and distribution chains by accepting, on the one hand, the legal unity of International business transactions and, on the other, the direct application of International fundamental and general principle, custom and Market practices, and a strong form of party autonomy subject to transnational minimum standards of behaviour in the International Market place. Although the common law is closer, which derives in contract and moveable property law from its origin in commerce, it needs to respect the rules of the International Markets and its legal structures just as much to remain truly relevant and move forward. It means that these are issues no less relevant to International business when connected with or operating from the US, the UK, Canada, or Australia or made subject to a contractual choice of their laws. This article attempts to meet this challenge for International assignments of portfolios of monetary claims with assignees in other countries and debtors in many. It is a vital part of the International financial infrastructure. The solution is found in the approximation of monetary claims to, and treatment like, promissory notes, which developed similarly as negotiable instruments under the older law merchant, the applicable law and relevant sources to be found in the manner of public International law pursuant to Art. 38(1) of the Statute of the ICJ, as it was for all law before the 19th Century when nationalisation set in. Assuming globalisation holds, it is submitted that in International commercial and financial dealings we are returning to this earlier model which, in the Grotian manner, in terms of methodology reunites all law formation and application at the International level at least for professional participants.
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business law in europe after brexit the need for legal transnationalisation in the International Market place the example of International assignments
2021Co-Authors: Jan Hendrik H DalhuisenAbstract:After Brexit, legislators, practitioners, and legal scholars in the EU have to reconsider what may be legally needed to support business increasingly conducted in or from the EU rather than from London. The further question is then to what extent common law can remain dominant through a party choice of law and provide unity especially in proprietary and regulatory matters to overcome the basic conflicts of law approach still cutting up transactions in the International business flows into local parts depending on closest connections in the hope that these legal pieces together still present an adequate legal framework for the business as a whole. More fundamentally, in all International commerce and finance, therefore in professional dealings, key building blocks of private law may need reconsideration, especially new financial structures and funding mechanisms, to operate and find more universal legal support. This goes well beyond the EU and the UK and affects all national legal systems connected with the International flows in goods, services, money, information and technology and its operation, therefore also the U.S, South America, Japan, China, South Korea, Singapore, India, Indonesia, and many others. It is submitted that transnationalisation of private law is here the more ready and efficient tool and way forward especially in trans-border manufacturing, supply, and distribution chains by accepting, on the one hand, the legal unity of International business transactions and, on the other, the direct application of International fundamental and general principle, custom and Market practices, and a strong form of party autonomy subject to transnational minimum standards of behaviour in the International Market place. Although the common law is closer to the International Markets, which derives in contract and moveable property law from its origin in commerce and has in equity greater flexibility especially in property law, it needs to respect the rules of the International Markets and its legal structures just as much to remain truly relevant and move forward. It means that these are issues no less relevant to International business when connected with the US, the UK, Canada, or Australia or made subject to a contractual choice of their laws. This article attempts to meet this challenge for International assignments of portfolios of monetary claims with assignees in other countries and debtors in many. It is a vital part of the International financial infrastructure.
Constanza Bianchi - One of the best experts on this subject based on the ideXlab platform.
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International opportunity recognition as a critical component for leveraging internet capabilities and International Market performance
Journal of International Entrepreneurship, 2017Co-Authors: Charmaine Glavas, Shane Mathews, Constanza BianchiAbstract:Recent research in the field of International entrepreneurship has emphasized the need for a better conceptualization of International opportunity recognition. Further, with advancements in information and communication technologies, such as the Internet, there has been a profound impact on the way in which International business is conducted, for example, enabling entrepreneurial firms to capitalize on the economic opportunities of an Internet environment. In this study, we propose a model, highlighting the importance of International opportunity recognition, as a critical component for leveraging Internet capabilities and International Market performance. Through the lens of a resource capabilities approach a quantitative, online survey was used to collect data from Australian, International entrepreneurial firms. Structural equation modelling results indicate that International opportunity recognition plays a central role in explaining how resources and Internet capabilities combine for the firm’s realization of International opportunities, and subsequent International performance. The findings enrich current understanding of how International entrepreneurial firms realize opportunities in Internet-based environments.
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Internet Marketing capabilities and International Market growth
International Business Review, 2016Co-Authors: Shane Mathews, Constanza Bianchi, Keith Perks, Marilyn Healy, Rumintha WickramasekeraAbstract:The Internet has been shown to facilitate elements of Internationalisation such as information accumulation and network opportunities. However, there is limited understanding of how the Internet combined with Marketing capabilities drives International Market growth. This study, based on a sample of 224 Australian firms, develops and tests, using structural equation modelling (SEM), a conceptual model of Internet Marketing capabilities and International Market growth. Results indicate that firms deploying Internet Marketing capabilities will benefit due to the reduction of information uncertainty and increased capacity to develop International network capabilities. Moreover, Internet Marketing capabilities indirectly lead to International Market growth when the firm has a high level of International strategic orientation and International network capabilities. Overall, Internet Marketing capabilities enhance the firm's ability to generate other internal capabilities within the firm, which in turn have a positive impact on the International Market growth of the firm.
Kevin H Steensma - One of the best experts on this subject based on the ideXlab platform.
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International Market entry by u s internet firms an empirical analysis of country risk national culture and Market size
Journal of Management, 2006Co-Authors: Frank T Rothaermel, Suresh Kotha, Kevin H SteensmaAbstract:Internet firms face somewhat unique challenges when expanding abroad. On what basis do U.S. Internet firms choose the International Markets they enter? The authors posit that International Market entry decisions are based on balancing perceived risks and returns inherent in a foreign target Market. Drawing on a sample of almost 7,000 country entry decisions by 179 U.S. Internet firms, they find that country risk, cultural distance, and uncertainty avoidance reduce the likelihood of International Market entry, whereas individualism and masculinity increase it. International Market size, however, moderates these relationships by weakening the negative effects, while strengthening the positive effects.
Shane Mathews - One of the best experts on this subject based on the ideXlab platform.
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International opportunity recognition as a critical component for leveraging internet capabilities and International Market performance
Journal of International Entrepreneurship, 2017Co-Authors: Charmaine Glavas, Shane Mathews, Constanza BianchiAbstract:Recent research in the field of International entrepreneurship has emphasized the need for a better conceptualization of International opportunity recognition. Further, with advancements in information and communication technologies, such as the Internet, there has been a profound impact on the way in which International business is conducted, for example, enabling entrepreneurial firms to capitalize on the economic opportunities of an Internet environment. In this study, we propose a model, highlighting the importance of International opportunity recognition, as a critical component for leveraging Internet capabilities and International Market performance. Through the lens of a resource capabilities approach a quantitative, online survey was used to collect data from Australian, International entrepreneurial firms. Structural equation modelling results indicate that International opportunity recognition plays a central role in explaining how resources and Internet capabilities combine for the firm’s realization of International opportunities, and subsequent International performance. The findings enrich current understanding of how International entrepreneurial firms realize opportunities in Internet-based environments.
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Internet Marketing capabilities and International Market growth
International Business Review, 2016Co-Authors: Shane Mathews, Constanza Bianchi, Keith Perks, Marilyn Healy, Rumintha WickramasekeraAbstract:The Internet has been shown to facilitate elements of Internationalisation such as information accumulation and network opportunities. However, there is limited understanding of how the Internet combined with Marketing capabilities drives International Market growth. This study, based on a sample of 224 Australian firms, develops and tests, using structural equation modelling (SEM), a conceptual model of Internet Marketing capabilities and International Market growth. Results indicate that firms deploying Internet Marketing capabilities will benefit due to the reduction of information uncertainty and increased capacity to develop International network capabilities. Moreover, Internet Marketing capabilities indirectly lead to International Market growth when the firm has a high level of International strategic orientation and International network capabilities. Overall, Internet Marketing capabilities enhance the firm's ability to generate other internal capabilities within the firm, which in turn have a positive impact on the International Market growth of the firm.
Mariella Piantoni - One of the best experts on this subject based on the ideXlab platform.
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International Market entry how do small and medium sized enterprises make decisions
Journal of International Marketing, 2017Co-Authors: Gianpaolo Baronchelli, Olli Kuivalainen, Mariella PiantoniAbstract:AbstractChoosing the right International Market entry mode is of utmost importance for an Internationalizing firm. However, there is a lack of analysis concerning the decision-making process (DMP), specifically with regard to small and medium-sized enterprises (SMEs). The authors study the DMP among SMEs intent on entering International Markets and how it affects each firm’s International Market development strategy. Using six cases based in Finland and Italy, the authors develop a model of the SME DMP. Their results imply that the DMP evolves and goes through various phases. By focusing on the postentry phase, this study enhances knowledge on decision-making frameworks by linking the traditional International Marketing literature related to initial entry mode with “mainstream” International business literature. Furthermore, the study reveals that SMEs adopting a more rational DMP are more likely to succeed in foreign Markets, and consequently, it demonstrates the importance of real options reasoning as a...
