Papers by Abdul Khaliq Mohammed
Global Integrity report of 2013 indicates that illicit financial outflow from developing country ... more Global Integrity report of 2013 indicates that illicit financial outflow from developing country has increased from 2004 to 2013; for e.g. in 2004 the outflow was US$ 465.3 billion and in 2013 it is US$ 1,090.1 billion (above US$1 Trillion). The illicit outflow or such high propensity of capital flight creates critical challenge to developing countries with rich resources but they remain poor on economic grounds. It is the proceeds of illicit activities or tax evasion or embezzlement or nepotism that denies the developing country of much desirable resources for public and private sector investment, which inherently hampers infrastructure development, health, education, human capital and overall economic growth
This research paper reviews and analyzes China’s AML policies, its internal institutional archite... more This research paper reviews and analyzes China’s AML policies, its internal institutional architecture, modus operandi, enforcement processes and its effectiveness. China was one of the fastest growing emerging economies in the early 90s, today China is considered as one of the major economies and a powerhouse of trade
In this paper, we will summarize and critically examine the major elements of the Treaty Provisio... more In this paper, we will summarize and critically examine the major elements of the Treaty Provisions (and related subsidiary legislation) in relation to freedom of movement to workers and the relevant ECJ jurisprudence. To what extent do you believe freedom of movement of workers has actually been achieved within the EU? What obstacles to that freedom do you believe still remain?
In this paper, we will analyse the major themes that have arisen within the case law surrounding ... more In this paper, we will analyse the major themes that have arisen within the case law surrounding Article 49 TFEU, especially as it applies to the movement of companies within the EU. Critically examine the way(s) the ECJ has (or has not) upheld justifications for restrictions on freedom of establishment of companies between Member States.
In this paper, we will analyse the major themes that have arisen within the case law surrounding ... more In this paper, we will analyse the major themes that have arisen within the case law surrounding Article 56 TFEU. Critically examine the way(s) in which ECJ jurisprudence has (or has not) achieved the ‘elimination of all hindrances to the free provision of services’, as suggested by Hatzopoulos and Do.
In this paper, we review the ECJ case law surrounding Articles 56-62 TFEU (49-55 TEC) as it exist... more In this paper, we review the ECJ case law surrounding Articles 56-62 TFEU (49-55 TEC) as it existed prior to Directive 2005/36 on the recognition of professional qualifications and Directive 2006/124, ‘The Services Directive’, analysing, in particular, the ECJ rulings as to the scope of Article 56 TFEU (49 TEC) relating to the freedom to provide services and the development by the ECJ of a test for justification in relation to restrictions on that freedom. We will also critically discuss to what extent the free movement of services has now been achieved within the EU.
• An overview of the rationale behind the establishment of the single market, its evolution and t... more • An overview of the rationale behind the establishment of the single market, its evolution and the legislative instruments (including subsidiary legislation) that have been used to promote its aims;
• An analysis of each of the three freedoms studied in terms of the nature and scope of each freedom and the nature and scope of permissible derogations and exceptions;
• A critical overview of the three freedoms, highlighting differences between the scope and nature of each of the freedoms;
• A critical overview of the ‘residual sovereign rights’ of Member States in relation to each of these freedoms (i.e., permitted restrictions on the freedoms), highlighting differences bet ween both the scope and nature of the permissible derogations and exceptions; and
• A final commentary on the current state of the ‘balancing act’ between total freedom of movement for goods, people, services within the supranational EU entity and sovereignty of its independent Member States in relation to permitted derogations and exceptions to these freedoms in order to achieve national aims.
While the first Directive affects professionals as ‘workers’ (i.e., employees) as well as when th... more While the first Directive affects professionals as ‘workers’ (i.e., employees) as well as when they are self-employed (i.e., the freedom to provide services and freedom of establishment), the Services Directive is concerned with giving effect to the terms of the Treaty in relation to the latter two freedoms.
Consider three professions:
• Archaeology
• Dentistry
• One other of your choice (Lawyers)
Describe the major issues related to the freedom to provide services for each and critically examine the impact of both the Directive on recognition of professional qualifications (Directive 2005/36) and the Services Directive (Directive 2006/123) on those freedoms for each profession. Use these examples to illustrate the relationship between the key elements of the Directives and the Treaty Articles on which they are based.
For your Final Project, you will submit an Individual project that will consider in detail the le... more For your Final Project, you will submit an Individual project that will consider in detail the legal issues in a trade dispute between WTO member states. Below is the Final Project question.
It has been said that the World Trade Organisation does not pay much attention to issues related to the environment, health and human rights. Its free trade agenda, which is championed by powerful states and backed by strong multinational corporations, is being pursued in a manner that is detrimental to these important social issues. Unless the organisation changes its position and addresses these issues, the fate of mankind is very bleak. With the aid of academic writings, the WTO agreements, and the jurisprudence of the panels and Appellate Body critically discuss and evaluate this observation
A discussion on the importance of ‘statutory statement of directors’ duties’ compared with common... more A discussion on the importance of ‘statutory statement of directors’ duties’ compared with common law, its advantages and disadvantages, to whom these are advantageous and what clarity is further needed for directors’ to perform their duties well
We will critically examine this statement from the perspective of Common law and Brussels I Regul... more We will critically examine this statement from the perspective of Common law and Brussels I Regulation on Jurisdiction and the Recognition and Enforcement of Judgments in Civil and Commercial Matters.
Companies when incorporated not only utilizes the equity provided by the shareholders, it also bo... more Companies when incorporated not only utilizes the equity provided by the shareholders, it also borrows from the various providers to seek growth in its activity and provide benefits to its shareholders. Here, the legal relationship establishes with the shareholders (provides equity) and debenture holders (provides loans or credit at certain terms and conditions) with a given company associated to the capital they have invested, they invest with a view to enhancing their value of equity and creditors look for interests. Thus they have different rights under different agreements with the company. In this paper, we will discuss their rights in relation to income, return of their capital, their voting rights and also discuss the key differences between a shareholder and debenture holder.
One of the stringent requirements for UK companies under CA 2006 stems from the stricter Second D... more One of the stringent requirements for UK companies under CA 2006 stems from the stricter Second Directive of the EC Company Law for maintenance of capital regime in public companies. However, management who acts in the best interest of shareholders have incentive to design the company’s operational distinctiveness and its financial arrangements in many ways which could benefit the shareholders, i.e., through dividend payment, claiming dilution, substitution of assets, and underinvestment, this is an opportunistic behaviour on behalf of the company, its management and shareholder at the expense of its creditors
Other by Abdul Khaliq Mohammed
Article 34 TFEU is the central provision within this Chapter of the Treaty, and it is quite unequ... more Article 34 TFEU is the central provision within this Chapter of the Treaty, and it is quite unequivocal in its prohibition of quantitative restrictions in relation to imports between Member States. Article 35 TFEU creates a similar prohibition in relation to exports.
We will analyze the major themes that have arisen from the case law surrounding ‘quantitative restrictions and measures having an equivalent effect’ on the import or export of goods between Member States, and explain the legal consequences of a measure being found to be of ‘equivalent effect’.
We will critically examine the way(s) the ECJ has tested for whether a measure may fall into this category, paying particular attention to the distinction between direct and indirect discrimination caused by such restrictions.
We will analyse the major themes that have arisen from the case law surrounding the express derog... more We will analyse the major themes that have arisen from the case law surrounding the express derogations available in relation to ‘quantitative restrictions and measures having an equivalent effect’ on the import or export of goods between Member States.
We will also critically examine the way(s) the ECJ has tested for whether a justification falls within the permitted categories of exception and decide whether the measure itself can be justified as proportional to its aims. Included in the discussion any problems between the ‘cross-over’ considerations raised by situations which can be discussed both in terms of express derogations or the ‘mandatory requirements’ of the ‘indistinctly applicable rules’.
In this paper, we will critically discuss to what extent the free movement of workers is now a le... more In this paper, we will critically discuss to what extent the free movement of workers is now a legally feasible freedom in the EU. The paper is focused on the extent of the freedom of movement enjoyed by workers in Member States where this freedom has been fully implemented.
Conference Presentations by Abdul Khaliq Mohammed
This research analyzes challenges faced by foreign investors (investing through Foreign Direct In... more This research analyzes challenges faced by foreign investors (investing through Foreign Direct Investment (FDI)) in the Kingdom of Saudi Arabia (KSA) and how KSA’s policies post Arab Spring impact inflows of FDI. In general, infrastructure, legal environment, institutional efficiencies and economic and human resource policies create informal barriers to inflow of FDI. Using mixed method approach provided us with valuable feedback for relevant stakeholders. Results signify that restrictive HR policies (Saudization program), institutional and infrastructure deficiency, delay in implementation of socio-economic reform coupled with slow pace of development projects are detrimental to inflow of FDI.
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Papers by Abdul Khaliq Mohammed
• An analysis of each of the three freedoms studied in terms of the nature and scope of each freedom and the nature and scope of permissible derogations and exceptions;
• A critical overview of the three freedoms, highlighting differences between the scope and nature of each of the freedoms;
• A critical overview of the ‘residual sovereign rights’ of Member States in relation to each of these freedoms (i.e., permitted restrictions on the freedoms), highlighting differences bet ween both the scope and nature of the permissible derogations and exceptions; and
• A final commentary on the current state of the ‘balancing act’ between total freedom of movement for goods, people, services within the supranational EU entity and sovereignty of its independent Member States in relation to permitted derogations and exceptions to these freedoms in order to achieve national aims.
Consider three professions:
• Archaeology
• Dentistry
• One other of your choice (Lawyers)
Describe the major issues related to the freedom to provide services for each and critically examine the impact of both the Directive on recognition of professional qualifications (Directive 2005/36) and the Services Directive (Directive 2006/123) on those freedoms for each profession. Use these examples to illustrate the relationship between the key elements of the Directives and the Treaty Articles on which they are based.
It has been said that the World Trade Organisation does not pay much attention to issues related to the environment, health and human rights. Its free trade agenda, which is championed by powerful states and backed by strong multinational corporations, is being pursued in a manner that is detrimental to these important social issues. Unless the organisation changes its position and addresses these issues, the fate of mankind is very bleak. With the aid of academic writings, the WTO agreements, and the jurisprudence of the panels and Appellate Body critically discuss and evaluate this observation
Other by Abdul Khaliq Mohammed
We will analyze the major themes that have arisen from the case law surrounding ‘quantitative restrictions and measures having an equivalent effect’ on the import or export of goods between Member States, and explain the legal consequences of a measure being found to be of ‘equivalent effect’.
We will critically examine the way(s) the ECJ has tested for whether a measure may fall into this category, paying particular attention to the distinction between direct and indirect discrimination caused by such restrictions.
We will also critically examine the way(s) the ECJ has tested for whether a justification falls within the permitted categories of exception and decide whether the measure itself can be justified as proportional to its aims. Included in the discussion any problems between the ‘cross-over’ considerations raised by situations which can be discussed both in terms of express derogations or the ‘mandatory requirements’ of the ‘indistinctly applicable rules’.
Conference Presentations by Abdul Khaliq Mohammed
• An analysis of each of the three freedoms studied in terms of the nature and scope of each freedom and the nature and scope of permissible derogations and exceptions;
• A critical overview of the three freedoms, highlighting differences between the scope and nature of each of the freedoms;
• A critical overview of the ‘residual sovereign rights’ of Member States in relation to each of these freedoms (i.e., permitted restrictions on the freedoms), highlighting differences bet ween both the scope and nature of the permissible derogations and exceptions; and
• A final commentary on the current state of the ‘balancing act’ between total freedom of movement for goods, people, services within the supranational EU entity and sovereignty of its independent Member States in relation to permitted derogations and exceptions to these freedoms in order to achieve national aims.
Consider three professions:
• Archaeology
• Dentistry
• One other of your choice (Lawyers)
Describe the major issues related to the freedom to provide services for each and critically examine the impact of both the Directive on recognition of professional qualifications (Directive 2005/36) and the Services Directive (Directive 2006/123) on those freedoms for each profession. Use these examples to illustrate the relationship between the key elements of the Directives and the Treaty Articles on which they are based.
It has been said that the World Trade Organisation does not pay much attention to issues related to the environment, health and human rights. Its free trade agenda, which is championed by powerful states and backed by strong multinational corporations, is being pursued in a manner that is detrimental to these important social issues. Unless the organisation changes its position and addresses these issues, the fate of mankind is very bleak. With the aid of academic writings, the WTO agreements, and the jurisprudence of the panels and Appellate Body critically discuss and evaluate this observation
We will analyze the major themes that have arisen from the case law surrounding ‘quantitative restrictions and measures having an equivalent effect’ on the import or export of goods between Member States, and explain the legal consequences of a measure being found to be of ‘equivalent effect’.
We will critically examine the way(s) the ECJ has tested for whether a measure may fall into this category, paying particular attention to the distinction between direct and indirect discrimination caused by such restrictions.
We will also critically examine the way(s) the ECJ has tested for whether a justification falls within the permitted categories of exception and decide whether the measure itself can be justified as proportional to its aims. Included in the discussion any problems between the ‘cross-over’ considerations raised by situations which can be discussed both in terms of express derogations or the ‘mandatory requirements’ of the ‘indistinctly applicable rules’.