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  International Economic Law What is international economic law? Recent developments have made international economic law a distinct part of international law.  Beyond the regulation of interstate trade, the law has moved into the creation of international institutions, formulation of definite rules governing a wide range of economic matters, and the establishment of methods of dispute resolution.  Moreover, international economic law affects not only states but also multi-national corporations .  Likewise, globalization of economic matters have affected traditional notions of sovereignty.  It can thus be seen that international economic law can involve a broad range of transactions, regulations and litigation which cannot be adequately reflected in one definitional formula. As one writer has noted, ninety percent of international law activity is economic international law although it does not have the glamour of such subjects as use of force, human ri...

International Environmental Law Environmental concerns. Concern about the environment is expressed by the Philippine Constitution in Article II, Section 16 thus:  “ The State shall protect and advance the right of the people to a balanced and healthful ecology in accord with the rhythm and harmony of nature .”  The discussions in the 1986 Constitutional Commission manifested a clear desire to make environmental protection and ecological balance conscious objects of police power . Oposa v. Factoran, Jr. On the basis of Section 16 linked with the right to health, recognized a constitutional “ right to a balanced and healthful ecology ” and “ the correlative duty to refrain from impairing the environment .” Laguna Lake Development Authority (LLDA) v. Court of Appeals The Supreme Court, relying on Section 16, as also bolstered by the right to health in Section 15 as well as by the Universal Declaration of Human Rights and the Alma Conference Declaration of 1978 , uph...

  THE REVISED CORPORATION CODE  OF THE PHILIPPINES  Republic Act No. 11232  TITLE X - APPRAISAL RIGHT Section 81. How Right is Exercised.   The dissenting stockholder who votes against a proposed corporate action may exercise the right of appraisal by making a written demand on the corporation for the payment of the fair value of shares held within thirty (30) days from the date on which the vote was taken: Provided , That failure to make the demand within such period shall be deemed a waiver of the appraisal right. If the proposed corporate action is implemented, the corporation shall pay the stockholder, upon surrender of the certificate or certificates of stock representing the stockholder's shares, the fair value thereof as of the day before the vote was taken excluding any appreciation or depreciation in anticipation of such corporate action. If, within sixty (60) days form the approval of the corporate action by the stockholders, the withdrawing stockholde...

THE REVISED CORPORATION CODE  OF THE PHILIPPINES  Republic Act No. 11232  TITLE X - APPRAISAL RIGHT Section 80. When the Right of Appraisal May Be Exercised. Any stockholder of a corporation shall have the right to dissent and demand payment of the fair value of the shares in the following instances: (a) In case an amendment to the articles of incorporation has the effect of changing or restricting the rights of any stockholder or class of shares, or of authorizing preferences in any respect superior to those of outstanding shares of any class, or of extending or shortening the term of corporate existence; (b) In case of sale, lease, exchange, transfer, mortgage, pledge or other disposition of all or substantially all of the corporate property and assets as provided in this Code; (c) In case of merger or consolidation; and (d) In case of investment of corporate funds for any purpose other than the primary purpose of the corporation. 1. Appraisal Right. Based on Section 80...

CHAPTER IV MERGERS AND ACQUISITIONS SEC. 16. Review of Mergers and Acquisitions. —  The Commission shall have the power to review mergers and acquisitions based on factors deemed relevant by the Commission. SEC. 17. Compulsory Notification.   — Parties to the merger or acquisition agreement referred to in the preceding section wherein the value of the transaction exceeds one billion pesos (P1,000,000,000.00) are prohibited from consummating their agreement until thirty (30) days after providing notification to the Commission in the form and containing the information specified in the regulations issued by the Commission: Provided , That the Commission shall promulgate other criteria, such as increased market share in the relevant market in excess of minimum thresholds, that may be applied specifically to a sector, or across some or all sectors, in determining whether parties to a merger or acquisition shall notify the Commission under this Chapter. An agreement consummated in ...

   THE REVISED CORPORATION CODE  OF THE PHILIPPINES  Republic Act No. 11232  TITLE IX - MERGER AND CONSOLIDATION Section 75. Plan of Merger or Consolidation.  Two (2) or more corporations may merge into a single corporation which shall be one of the constituents corporations or may consolidate into a new single corporation which shall be the consolidated corporation. The board of directors or trustees of each corporation, party to the merger or consolidation, shall approved a plan of merger or consolidation, shall approved a plan of merger or consolidation, shall approve a plan of merger or consolidation setting forth the following: (a) The names of the corporations proposing to merge or consolidate hereinafter referred to as the constituent corporations; (b) The terms of the merger or consolidation and the mode of carrying the same into effect; (c) A statement of the changes, if any, in the articles of incorporation of the surviving corporation in case of ...