Suchergebnisse

The United States has in recent years come under considerable criticism for its apparently cynical attitude towards international law. While the US administration refers often to the importance of the international rule of law it appears unwilling to itself be bound by that law. While the US took the lead in the post World War II years in establishing international law and institutions it has in recent years appeared unwilling to give those same institutions its full support. This article begins by examining a range of explanations for the seemingly undesirable US attitude towards international law. Dismissing each as inadequate on its own, the article demonstrates how what often appear to be contradictory aspects of the United States' relationship with international law can in fact be reconciled through the application to United States' behaviour of the basic tenets of classic modern realism as it pertains to the conduct of foreign policy. This is surprising since international law and realpolitik are more often contrasted. The United States' 'attitude' towards international law is better explained not as a post-Cold War anomaly but as having been an integral aspect of the rise of the United States to sole superpower status.

Abstract

Taking as a starting point Peter Hommelhoff's argumentation that accounting law is, in many respects, linked to company law, the purpose of this article is to discuss one perspective of the links between accounting law and company law: accounting concepts in company law. After a brief outline of the existing EU legislation on accounting and a discussion on whether accounting law is part of company law, some examples of accounting concepts in company law – i. e. examples of accounting concepts that have been 'implemented' in company law – are discussed, drawing on the Consolidated Company Law Directive (CCLD) and the Shareholder Rights Directive (SRD 2) as well as the International Accounting Standards (IAS) and the International Financial Reporting Standards (IFRS). These examples are related party transactions, consideration other than in cash and fair value, serious loss of the subscribed capital as well as a few other examples. It is also discussed whether accounting concepts in company law are a 'good' or a 'bad' thing. Balancing the pros and cons, in the author's opinion, it is mostly positive that accounting concepts are used in company law in areas where this makes sense – and hence, in the author's opinion, accounting concepts in company law are mainly a 'good' thing.

The valuation of assets is a challenging activity as well as a scientific discipline having an impact on the amount of the reported assets and economic result process. The report deals with the issue of valuation of the tangible fixed assets in the accounting entities compiling the financial statements pursuant to the Czech national legislation and in conformity with the requirements of the International Accounting Standards IAS/IFRS and US GAAP. The substantial differences in the definitions and valuation of the tangible fixed assets in these systems have been determined, indicating the impact on the economy of the accounting entity, both at the primary acquisition and as at the day of the closing of books. Attention has also been paid to the possibilities of recording the value decreases and to subsequent expenses. The analysis of legal regulations was completed with the analysis of the financial statements from selected economic entities. As per the international standards, the main difference consists in the possibility of component depreciation of tangible assets or, on the other hand, the possibility of group depreciation, in the differences in valuation in the event of acquisition paid for and of acquisition by one's own production, and in the possibility to consider the costs of disposal of assets. The subsequent expenses are also construed in a different manner: as per the Czech regulation, they are construed as repairs and maintenance. The substantial difference in comparison with the Czech regulation consists in the possibility of re-valuation of assets upwards as well as the method of actual value determination.