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Front Matter Jan 2020

Front Matter

The International Lawyer

No abstract provided.


The Morals Of The Women On Boards Story: Global Board Gender Diversity Efforts Still Need Fairness-Based Arguments To Move Regulation To The Next Chapter, Diana C. Nicholls Mutter Jan 2020

The Morals Of The Women On Boards Story: Global Board Gender Diversity Efforts Still Need Fairness-Based Arguments To Move Regulation To The Next Chapter, Diana C. Nicholls Mutter

The International Lawyer

The number of women on boards of public companies in the United States and Canada is still staggeringly low despite the fact that both of these jurisdictions have implemented disclosure-based regulation relating to board diversity. Typically, arguments in support of regulation aimed at increasing women's participation on public boards fall into two categories: the business case and the fairness-based (or normative) case. The business case is essentially the idea that women bring some instrumental benefit to the board which leads to improvements in firm functioning or performance overall. While politically attractive, the business case for justifying regulation has yet to …


Eu Action Plan Against Disinformation: Public Authorities, Platforms And The People, Antonios Kouroutakis Jan 2020

Eu Action Plan Against Disinformation: Public Authorities, Platforms And The People, Antonios Kouroutakis

The International Lawyer

In democracies, people (demos in Greek) hold the power (kratos in Greek). When people elect their representatives from a number of candidates, such power is temporarily transferred to their elected representatives. Thus, the quintessence of democracy is a system of trust and accountability. Such power is returned to the people every time elections are held and people periodically evaluate their representatives and hold them accountable for their actions and omissions. If people are not satisfied with their representatives, they can always replace them with their competitors.

For democracy to function in a proper manner, it is important that people are …


Ranking For Good?: A Comparative Assessment Of The Performance Of French Corporations In Human Rights Rankings, Erika George, David Restrepo Amariles Jan 2020

Ranking For Good?: A Comparative Assessment Of The Performance Of French Corporations In Human Rights Rankings, Erika George, David Restrepo Amariles

The International Lawyer

In recent years, greater attention has been given to developing metrics that measure more than a country’s gross domestic product (GDP). Similarly, greater consideration has been given to more than just the financial performance of commercial enterprises; corporations are now expected to conduct business in ways that are responsible and sustainable, giving attention to a triple bottom line where the planet and people are prioritized along with profits. Taking French government policy and the performance of French multinational corporations as a case in point, this article explores the ways in which emerging indicators and instruments on business and human rights …


Beyond Good Intentions: New Legislation On Foreign Aid Effectiveness, Gergana Danailova-Trainor, James Filpi, Norman L. Greene, Salome Tsereteli-Stephens Jan 2020

Beyond Good Intentions: New Legislation On Foreign Aid Effectiveness, Gergana Danailova-Trainor, James Filpi, Norman L. Greene, Salome Tsereteli-Stephens

The International Lawyer

The new law and the corresponding OMB and key foreign aid agencies' guidelines require providers to follow best practices in the monitoring and evaluation (M&E) of U.S government (USG) foreign aid.2 A recent study conducted by the U.S. Government Accountability Office across the key USG foreign aid agencies identified a number of areas that needed improvement in the design, implementation, conclusions, and dissemination of foreign assistance evaluations.3 FATAA and the relevant guidelines will require providers to address those areas and focus their reporting requirements on tangible outcomes and the impact of their programming. In recent years, federal agencies have placed …


Market Manipulation Through Short Selling Attacks And Misleading Financial Analyses, Thomas M.J. Möllers Jan 2020

Market Manipulation Through Short Selling Attacks And Misleading Financial Analyses, Thomas M.J. Möllers

The International Lawyer

“Market abuse harms the integrity of financial markets and public confidence in securities and derivatives.” If legal protection at stock exchanges is insufficient and there is a lack of trust, citizens likely will not buy shares. Short-sell-attacks and incorrect financial analyses are not sufficiently regulated. As the directive on short selling only prohibits “uncovered short selling”, the actions of the short sellers are themselves not illegal, as long as they do not reach the threshold of stock price manipulation by false or misleading research reports. The tension of market manipulation, financial analyses, as well as freedom of press and freedom …


Front Matter Jan 2020

Front Matter

The International Lawyer

No abstract provided.


Digital Information Law - Meaning, Challenge, And Future, G A Walker Jan 2020

Digital Information Law - Meaning, Challenge, And Future, G A Walker

The International Lawyer

Financial markets have most recently been disrupted by the sudden explosion and growth in new Information Technology (InfoTech),6 Data Technology (DataTech),7 Financial Technology (FinTech),8 and Regulatory Technology (RegTech) markets and devices.9 Reference may also be made to the use of technology in the provision of government services (GovTech) and in legal services (LawTech). A number of separate rights and interests can also be created which arise in the context of protecting information.20 All of this becomes of specific importance in the banking and financial area due to the fact that banks and other financial institutions manage accounts on behalf of …


The Mandatory Bid Rule Under China's Takeover Law: A Comparative And Empirical Perspective, Robin Hui Huang, Charles Chao Wang Jan 2020

The Mandatory Bid Rule Under China's Takeover Law: A Comparative And Empirical Perspective, Robin Hui Huang, Charles Chao Wang

The International Lawyer

China initially transplanted the mandatory bid rule (MBR) from the United Kingdom (U.K.) in the early 1990s but significantly amended it in 2006 to allow the use of partial bids, as well as full bids or general bids, to discharge the MBR duty. This amendment makes the MBR in China deviate from its place of origin both in the books and in action. This paper analyses the similarities and differences between the Chinese MBR and its counterparts in the U.K. and Japan. In doing so, it empirically investigates how the Chinese-style MBR has been applied in practice by examining all …


Promoting Economic Cohesion Over The Continued Rise Of National Interests: Landeskreditbank Baden-Württenberg - Förderbank V. European Central Bank, Kyle A. Markwardt Jan 2020

Promoting Economic Cohesion Over The Continued Rise Of National Interests: Landeskreditbank Baden-Württenberg - Förderbank V. European Central Bank, Kyle A. Markwardt

The International Lawyer

No abstract provided.


Front Matter Jan 2020

Front Matter

The International Lawyer

No abstract provided.


Bigtech, Stabletech, And Libra Coin - New Dawn, New Challenges, New Solutions, G. A. Walker Jan 2020

Bigtech, Stabletech, And Libra Coin - New Dawn, New Challenges, New Solutions, G. A. Walker

The International Lawyer

No abstract provided.


International Governance Of Cryptoassets: Whether, Why, What And Who?, Gary Marchant, Jalaj Jain, Oluwasegun Muse, Sayan Chandra Jan 2020

International Governance Of Cryptoassets: Whether, Why, What And Who?, Gary Marchant, Jalaj Jain, Oluwasegun Muse, Sayan Chandra

The International Lawyer

No abstract provided.


Addressing Complications In The International Tax Regime Resulting From The Digitalization Of The Economy, Nolan Mccarthy Jan 2020

Addressing Complications In The International Tax Regime Resulting From The Digitalization Of The Economy, Nolan Mccarthy

The International Lawyer

No abstract provided.


Globalization Of Anglo-American Common Law Vs. Strong Nation State: Evidence From The Use Of Legal Counsel In Cross-Border Business Transactions Involving China, Jing Li Jan 2020

Globalization Of Anglo-American Common Law Vs. Strong Nation State: Evidence From The Use Of Legal Counsel In Cross-Border Business Transactions Involving China, Jing Li

The International Lawyer

No abstract provided.