Digital Commons Network^™

La Tributación En Los Negocios Internacionales, Juan David Barbosa

Juan David Barbosa Mariño

El presente escrito analiza, desde la perspectiva de la normatividad colombiana y del derecho tributario internacional, algunos de los aspectos mas importantes que deben ser considerados al estructurar o determinar los efectos tributarios de un negocio internacional. El análisis presenta las implicaciones fiscales que pueden tener la negociación de los distintos Incoterms; así como algunos de los efectos en materia de IVA que pueden tener las normas de origen y las normas de valoración aduanera. También señala algunos efectos de la aplicación de tratados internacionales para los negocios internacionales, particularmente los Convenios para evitar la Doble Imposición – de aquí …

Ideologia E Utopias Nas Mais Recentes Constituintes Brasileira E Portuguesa: Algumas Linhas De Leitura, Paulo Ferreira Da Cunha

Paulo Ferreira da Cunha

Based upon a political compromise, in which « democratic socialists » and « social democrats » were the main protagonists, the ideology of Portuguese Constitution of 1976 was discrete, subtle. And ulterior constitutional revisions confirmed that fondamental aspect. Of course, utopia was present. But, even more present was the « hope principle ». We believe that the Brazilean constituent assembly, with the original importance of popular contributions, also had hope principle’s decisive influence. But the dinamics of the constituent assembly moderated, since the very beggining, the verbal signs of less discret ideologies. Utopia, neverthless, is very present in the aim …

Environmental Federalism: Historical Roots And Contemporary Models, Robert V. Percival

Robert Percival

No abstract provided.

The Bounds Of Consent: Consent Decrees, Settlements And Federal Environmental Policy Making, Robert V. Percival

Robert Percival

No abstract provided.

Who's Afraid Of The Precautionary Principle?, Robert V. Percival

Robert Percival

The precautionary principle – the notion that lack of scientific certainty should not foreclose precautionary regulation – has become enormously popular in recent years, as reflected by its endorsement in many important international declarations and agreements. Despite its growing influence, the precautionary principle recently has come under fire by critics who argue that it is incoherent, potentially paralyzing, and that it will lead regulators to make bad choices. They maintain that society faces greater peril from overly costly regulations than from exposure to sources of environmental risks whose effect on human health and the environment is not fully understood at …

Responding To Environmental Risk: A Pluralistic Perspective, Robert V. Percival

Robert Percival

No abstract provided.

Escaping The Common Law's Shadow: Standing In The Light Of Laidlaw, Robert V. Percival, Joanna B. Goger

Robert Percival

No abstract provided.

Who Sues For Divorce? From Fault Through Fiction To Freedom, Lawrence M. Friedman, Robert V. Percival

Robert Percival

No abstract provided.

The Role Of Attorney Fee Shifting In Public Interest Litigation, Robert V. Percival, Geoffrey P. Miller

Robert Percival

No abstract provided.

Water Pollution Control: Lessons From Transnational Experience, Robert V. Percival

Robert Percival

Water is fundamental to life, as reflected in space scientists' compulsive search for signs of its presence when scrutinizing other planets for possible life forms. Fortunately for our species, more than two-thirds of our planet is covered with water, creating an environment richly conducive to life. Humans have just begun to appreciate how precious earth's water resources are and how vulnerable they are to damage from human activity. Efforts to protect earth's water resources from contamination have been among the most prominent catalysts for the development of environmental law thoroughout the world. After surveying this experience, this paper finds that …

El Surgimiento Del Derecho Ambiental Global, Robert V. Percival

Robert Percival

Legal systems across the globe are responding to environmental concerns in surprising new ways. As nations upgrade their environmental standards, some are transplanting law and regulatory policy innovations derived from the experience of other countries, including nations with very different legal and cultural traditions. New national, regional, and international initiatives have been undertaken both by governments and private organizations. Greater cross-border collaboration between government officials, nongovernmental organizations, multinational corporations and other entities is shaping environmental policy in ways that blur traditional private/public land domestic/international distinctions. The result has been the emergence of a kind of “global environmental law” – law …

A Tale Of Two Courts: Litigation In Alameda And San Benito Counties, Lawrence M. Friedman, Robert V. Percival

Robert Percival

No abstract provided.

The Processing Of Felonies In The Superior Court Of Alameda County 1880-1974, Lawrence M. Friedman, Robert V. Percival

Robert Percival

No abstract provided.

Conservation And Renewable Energy Sources As Supply Alternatives For New York's Electric Utilities, Robert V. Percival

Robert Percival

No abstract provided.

Restoring Regulatory Policy To Serve The Public Interest, Robert V. Percival

Robert Percival

No abstract provided.

Resolución De Conflictos Ambientales: Lecciones Aprendidas De La Historia De La Contaminación De Las Fundiciones De Minerales, Robert V. Percival

Robert Percival

No abstract provided.

A No-Excuse Approach To Transitional Justice: Reparations As Tools Of Extraordinary Justice, David C. Gray

David C. Gray

It is sometimes the case that a debate goes off the rails so early that riders assume the rough country around them is the natural backdrop for their travels. That is certainly true in the debate over reparations in transitions to democracy. Reparations traditionally are understood as material or symbolic awards to victims of an abusive regime granted outside of a legal process. While some reparations claims succeed—such as those made by Americans of Japanese decent interned during World War II and those made by European Jews against Germany after World War II—most do not. The principal culprits in these …

Rule-Skepticism, "Strategery," And The Limits Of International Law, David Gray

David C. Gray

This is a review essay of Eric Posner and Jack Goldsmith's fascinating book, The Limits of International Law. In the essay I provide an exegesis of the core argument of the book, which is that the conduct of states in fields occupied by international law is more powerfully described by game theory than by law talk. In particular, the authors argue that state conduct traditionally described in terms of obedience and violation is actually determined by self-interest modified by the strategic conditions of identifiable games; principally coincidence games, coordination games, coercion games, and iterated prisoner dilemmas. In the essay I …

Asean & South Asia; Victims & Winners In Textiles & Clothing Trade After Quota Expiry, Umair Ghori

Umair H. Ghori

No abstract provided.

Wto Nama Negotiations & The Global Textiles & Clothing Trade: Reconciling The Irreconcilable Amid The Financial Meltdown, Umair H. Ghori

Umair H. Ghori

Textiles & Clothing (T&C) is a sector of world trade that is critical to the sustenance of developing economies. This sector is not only important in terms of export earnings but also in terms of providing employment to millions of people. With the end of quotas on 1 January 2005, this sector was integrated into the GATT/WTO framework. This entailed a process of readjustment for many countries that are overwhelmingly dependent on T&C to sustain economic activities especially those that do not possess comparative advantage in T&C manufacturing and owed the existence of these industries solely on the basis of …

International Treaties On Human Rights, Saumya Uma

Dr. Saumya Uma

Unpackaging Human Rights: Concepts, Campaigns & Concerns, Saumya Uma

Dr. Saumya Uma

O Que É Uma Universidade?, Paulo Ferreira Da Cunha

Paulo Ferreira da Cunha

Pouca gente sabe hoje o que é uma Universidade, a sério. Confunde-se muito Universidade e super-mercado de aulas, ou fábrica de « investigação » ou « pesquisa », assim como se confunde serviço público com negócio, vocação com interesse pessoal, etc. É a própria essência da Universidade que está em causa. A confusão é grande no público, que vê a Universidade sobretudo como uma forma de promoção social, pelos diplomas. A confusão não é menor na própria Universidade. Os universitários mais responsáveis interrogam-se sobre a sua função, o sentido do trabalho que fizeram e fazem, e a sua sorte na …

From Making Money Without Doing Evil To Doing Good Without Handouts: The Google.Org Experiment In Philanthropy, Shruti Rana

Shruti Rana

From its inception, Google has promoted itself as a company that dares to be different in its pursuit of innovation and information. The company’s new philanthropic arm, Google.org, promises to be just as pioneering in its search for social returns through the mechanism of profit. This Essay takes a closer look at the Google.org experiment in philanthropy. It argues that Google.org’s uniqueness lies not in its “hybrid” model that merges for-profit and charitable aims, but in the ways it seeks to use market mechanisms to harness the social benefits of information technology for the public good. Google.org also has enormous …

Whose Public? Which Law? Mapping The Internal/External Distinction In International Law, Peter G. Danchin

Peter G. Danchin

This chapter challenges and problematizes the convergence thesis between sovereignty and human rights which is argued to rest on only a partial understanding of the liberal tradition in international law, a position commonly referred to as “liberal anti-pluralism.” While relying on a contingent and thus contestable conception of individual autonomy, liberal anti-pluralist accounts do not in fact seek to challenge the rationale for public law or public reason itself. To the contrary, such accounts advance a vision of “universal” or “global” social order governed by a “neutral” public law which limits the freedom of its subjects pursuant to the single …

Indoor Brothel List By Senate District In Rhode Island, May 2009, Melanie Shapiro Esq, Donna M. Hughes Dr.

Donna M. Hughes

Women's Rights: The Possible Impact Of Private Military And Security Companies, Ana Filipa Vrdoljak

Ana Filipa Vrdoljak

Armed conflict and occupation are by definition necessarily violent for all participants, be they civilians or combatants. However, for women it heralds an exacerbation in existing violence, discrimination and inequalities. While international humanitarian law (IHL) has dedicated or ‘special’ provisions for women, feminist legal scholars have done much to exposed the gendered nature of this branch of international law. In recent decades, the United Nations’ campaign of mainstreaming of women’s issues has impacted significantly on relevant human rights law (HR Law), and the International Committee of the Red Cross (ICRC) has actively sought to investigated and address women’s concerns. However, …

Architectural Digest For International Trade And Labor Law: Regional Free Trade Agreements And Minimum Criteria For Enforceable Social Clauses, Marley S. Weiss

Marley S. Weiss

Until the advent of binding “social clauses” in free trade arrangements, and incorporation of stronger social rights in the European Community treaties, the rapid widening and deepening of international commercial integration proceeded largely separate from international labor rights obligations. Inclusion of a “social clause” in a trade agreement ensures that the parties´ international labor rights commitments have equal dignity and binding force with their trade obligations. The threat of economic sanction for non-observance of labor commitments akin to the penalties for trade rule violations also may provide some “teeth” to induce compliance, unlike the lack of economic sanctions for violation …

The Law Of Humanitarian Intervention: U.S. Policy In Cuba (1898) And In The Dominican Republic (1965), David S. Bogen

David S. Bogen

No abstract provided.

The Religion Clauses And Freedom Of Speech In Australia And The United States: Incidental Restrictions And Generally Applicable Laws, David S. Bogen

David S. Bogen

No abstract provided.