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Articles 1 - 30 of 116
Full-Text Articles in Law
Third Party Access And Refusal To Deal In European Energy Networks: How Sector Regulation And Competition Law Meet Each Other, Michael Diathesopoulos
Third Party Access And Refusal To Deal In European Energy Networks: How Sector Regulation And Competition Law Meet Each Other, Michael Diathesopoulos
Michael Diathesopoulos
In this paper, we will analyse the issue of concurrence between competition and sector rules and the relation between parallel concepts within the two different legal frameworks. We will firstly examine Third Party Access in relation to essential facilities doctrine and refusal of access and we will identify the common points and objectives of these concepts and the extent to which they provide a context to each other’s implementation. Second, we will focus on how Commission uses sector regulation and objectives as a context within the process of implementation of competition law in the energy sector and third, we will …
Autonomy In Setting Appropriate Level Of Protection Under The Wto Law: Rhetoric Or Reality?, Michael Ming Du
Autonomy In Setting Appropriate Level Of Protection Under The Wto Law: Rhetoric Or Reality?, Michael Ming Du
Michael Ming Du
In the World Trade Organization (WTO) jurisprudence, the Appellate Body (AB) has repeatedly affirmed that WTO Members have the prerogative right in setting any level of protection that they deem appropriate (ALOP). At the same time, WTO Agreements provide for disciplines that a WTO Member must respect when it selects regulatory measures to fulfill its ALOP. Thus, a WTO Member’s autonomy in setting its ALOP, on the one hand, and the full force of other disciplines, on the other hand, are in a constant state of tension. Then, exactly how does a panel balance a Member’s right of setting its …
Two Steps Forward, One Step Back: The 2010 Report By The Un Special Representative On Business And Human Rights, Jernej Letnar Cernic
Two Steps Forward, One Step Back: The 2010 Report By The Un Special Representative On Business And Human Rights, Jernej Letnar Cernic
Jernej Letnar Černič
The relationship between human rights law and business has emerged in recent years as one of the most topical to be discussed and put on the agenda almost worldwide. The activities of corporations in this globalized environment have often served as the catalyst for human rights violations; due to the lack of institutional protection, some corporations are able to exploit regulatory lacunae and the lack of human rights protection. On 9 April 2010 Professor John Ruggie, the United Nations Special Representative of the Secretary General on human rights and transnational corporations and other business enterprises, submitted his fifth Report under …
Delaware Meeting Requirements: An Overview Of Delaware-Specific Issues For Stockholders' Meetings, Megan Shaner, John Zeberkiewcz
Delaware Meeting Requirements: An Overview Of Delaware-Specific Issues For Stockholders' Meetings, Megan Shaner, John Zeberkiewcz
Megan Wischmeier Shaner
No abstract provided.
Panelist, Oecd Conference On Intangibles, Hugh Ault
Panelist, Oecd Conference On Intangibles, Hugh Ault
Hugh J. Ault
No abstract provided.
Uso Social Del Suelo Ejidal Y Comunal Para El Desarrollo Equilibrado De Las Áreas Urbanas Del Estado De Puebla, Bruno L. Costantini García
Uso Social Del Suelo Ejidal Y Comunal Para El Desarrollo Equilibrado De Las Áreas Urbanas Del Estado De Puebla, Bruno L. Costantini García
Bruno L. Costantini García
De origen, difundir los diversos esquemas permitidos por la Ley para posibilitar la realización de proyectos con fines inmobiliarios, a efecto de que los núcleos agrarios y sus integrantes se beneficien equitativamente de la urbanización de sus tierras, coadyuvando con ello al desarrollo urbano planificado y ordenado de los centros de población del Estado de Puebla; como consecuencia, impulsar el desarrollo habitacional equilibrado de éste. Eliminar el circulo.- “necesidad de tierra – asentamiento irregular – solución de conflicto”, mediante la planeación socioeconómico de los núcleos agrarios ejidales y comunales, a fin de diseñar un mecanismo eficaz que satisfaga las necesidades …
Restoring The Balance Of Power In Corporate Management: Enforcing An Officer's Duty Of Obedience, Megan Wischmeier Shaner
Restoring The Balance Of Power In Corporate Management: Enforcing An Officer's Duty Of Obedience, Megan Wischmeier Shaner
Megan Wischmeier Shaner
No abstract provided.
Compliance Requirements For Chinese Automobile Market Players, Tao Liang
Compliance Requirements For Chinese Automobile Market Players, Tao Liang
Tao LIANG
Foreign Investment Catalogues And Investment Environment In China, Tao Liang
Foreign Investment Catalogues And Investment Environment In China, Tao Liang
Tao LIANG
The Corporatization Of Communication, Eric Chiappinelli, Adam Candeub, Jeffrey Chester, Lawrence Soley
The Corporatization Of Communication, Eric Chiappinelli, Adam Candeub, Jeffrey Chester, Lawrence Soley
Lawrence Soley
Our next panel discusses the corporatization of communication.
World Government – The Context Of Shared Sovereignty, Nikola S. Georgiev
World Government – The Context Of Shared Sovereignty, Nikola S. Georgiev
Nikola S Georgiev
World Government – the context of shared sovereignty
The Relationship Between Trade Law And Human Rights Of Workers – The Proposition To Incorporate A Social Clause Into The World Trade Organisation, Nikola S. Georgiev
The Relationship Between Trade Law And Human Rights Of Workers – The Proposition To Incorporate A Social Clause Into The World Trade Organisation, Nikola S. Georgiev
Nikola S Georgiev
The relationship between Trade Law and Human Rights of Workers – the proposition to incorporate a Social Clause into the World Trade Organisation
Directors Insuring Against Criminal Ohs Wrongdoing – The Common Law Position, Neil J. Foster
Directors Insuring Against Criminal Ohs Wrongdoing – The Common Law Position, Neil J. Foster
Neil J Foster
This paper considers the question of whether it is possible for company officers, who are fixed with personal liability for criminal occupational health and safety offences, to insure against such liability. It will also touch on related issues to do with indemnities being provided by companies. The paper focuses on the “common law” world, with particular reference to the UK and Australia.
Is The Eu Taking Shareholder Rights Seriously? An Essay On The Impotence Of Shareholdership In Corporate Europe, Pavlos E. Masouros
Is The Eu Taking Shareholder Rights Seriously? An Essay On The Impotence Of Shareholdership In Corporate Europe, Pavlos E. Masouros
Pavlos E. Masouros
This article critically analyzes the Shareholder Rights Directive ("SRD") (Directive 2007/36/EC). It is essentially an attempt to show that the deficit in the European corporate governance model with regard to the status of the shareholders persists even in the post-SRD era and that we still have a long distance to cover in order to truly empower shareholders in the EU. The SRD along with certain other Company Law Directives and the various European national corporate laws form a synthesis that falls short of providing shareholders with the full potential of getting their corporate governance voice through within listed corporations.
First …
La Prescripción Adquisitiva De Dominio, David García
La Prescripción Adquisitiva De Dominio, David García
David García
No abstract provided.
Panelist, Unexplored Terrain: Companies, Trade Associations And Risk, Kent Greenfield
Panelist, Unexplored Terrain: Companies, Trade Associations And Risk, Kent Greenfield
Kent Greenfield
No abstract provided.
Committee Capture? An Empirical Analysis Of The Role Of Creditors' Committees In Business Reorganizations, Michelle Harner, Jamie Marincic
Committee Capture? An Empirical Analysis Of The Role Of Creditors' Committees In Business Reorganizations, Michelle Harner, Jamie Marincic
Michelle M. Harner
The number of businesses experiencing financial distress increased significantly during the past several years. The number of Chapter 11 reorganization cases likewise rose. And many of these business failures were spectacular, leaving little value for creditors and even less for shareholders. Consequently, how the business debtor’s limited asset pie is divided and who gets to allocate the pieces are very relevant and important questions.
The U.S. Bankruptcy Code generally contemplates the appointment of a committee of the debtors’ unsecured creditors to serve as a fiduciary for all general unsecured creditors and as a statutory watchdog over the debtor and its …
Registros Acelerados: Emissores Com Grande Exposição (Egems) Já Podem Acessar O Mercado Mais Rapidamente, Luiz Rafael De Vargas Maluf
Registros Acelerados: Emissores Com Grande Exposição (Egems) Já Podem Acessar O Mercado Mais Rapidamente, Luiz Rafael De Vargas Maluf
Luiz Rafael de Vargas Maluf
No abstract provided.
Demand And Supply Forces In The Market For Law Interplaying Through Jurisdictional Competition: Basic Theories And Cases, Chang-Hsien Tsai
Demand And Supply Forces In The Market For Law Interplaying Through Jurisdictional Competition: Basic Theories And Cases, Chang-Hsien Tsai
Chang-hsien (Robert) TSAI
Inspired by corporate charter competitions in the 19th-century U.S. and contemporary Europe as well as the negative impact of the Sarbanes-Oxley Act of 2002 on the U.S. cross-listing market, this article draws positive lessons from the above stories that demand and supply forces underlying jurisdictional competition constrains regulating jurisdictions from disregarding business demands and from imposing excessive regulation, and that jurisdictional competition brought about by mobility or exit would push for legal flexibility. Through the positive arguments developed in this article, regulatory jurisdictions in East Asia could, to an extent, understand the true costs and benefits of regulation in the …
The Checks And Balances Of Good Corporate Governance, John Lessing
The Checks And Balances Of Good Corporate Governance, John Lessing
John Lessing
Good corporate governance requires a range of regulatory checks and balances - or mechanisms - to be effective. If one mechanism fails, the system will fail like a chain with a weak link. This article provides an overview and brief explanation of the main checks and balances a country needs to have a good corporate governance system. It is of particular relevance to countries with transition economies. However, it is also important in developed countries as recent corporate collapses and failures in the financial system have illustrated.
Los Privilegios Laborales Bajo La Ley 24.522, Gaston Mirkin
Los Privilegios Laborales Bajo La Ley 24.522, Gaston Mirkin
Gaston Mirkin
No abstract provided.
The Sec's Revolving Door And The Problem Of Institutional Corruption, Renee Jones
The Sec's Revolving Door And The Problem Of Institutional Corruption, Renee Jones
Renee Jones
No abstract provided.
Pautas A Seguir Para Incluir La Cláusula De Liberación De Protesto, David García
Pautas A Seguir Para Incluir La Cláusula De Liberación De Protesto, David García
David García
No abstract provided.
Panelist, Max Planck Insitute For Taxation Advisory Board, Hugh Ault
Panelist, Max Planck Insitute For Taxation Advisory Board, Hugh Ault
Hugh J. Ault
No abstract provided.
From Energy Sector Inquiry To Recent Antitrust Decisions In European Energy Markets: Competition Law As A Means To Implement Energy Sector Regulation In Eu, Michael Diathesopoulos
From Energy Sector Inquiry To Recent Antitrust Decisions In European Energy Markets: Competition Law As A Means To Implement Energy Sector Regulation In Eu, Michael Diathesopoulos
Michael Diathesopoulos
This paper presents the conceptual path followed by European Union, European Commission and European Competition Network, after the Energy Sector Inquiry (2007) towards the realisation of the objective of an Energy Internal Market, fully functional and open to competition. Firstly, we examine the findings of Sector Inquiry and then we describe how the Third Energy Package - that followed - tried to address the issues highlighted by the Inquiry and how Third Energy Package introduces a promising but complex system, in order to develop sector rules. Following the above, we proceed to a brief but close examination of 10 recent …
The Doma Supreme Court Question: Do The Conservatives Really Care About States' Rights?, Kent Greenfield
The Doma Supreme Court Question: Do The Conservatives Really Care About States' Rights?, Kent Greenfield
Kent Greenfield
No abstract provided.
Transfer Pricing, Hugh Ault
Transfer Pricing, Hugh Ault
Hugh J. Ault
Chaired meeting of 45 governmental and academic specialist
Crisis, Rescue And Corporate Social Responsibility Under American Corporate Law, Robert J. Rhee
Crisis, Rescue And Corporate Social Responsibility Under American Corporate Law, Robert J. Rhee
Robert Rhee
This chapter discusses the legal issues of rescue and corporate social responsibility during times of public crisis. It analyzes a corporate board’s fiduciary duty related to the management of a public crisis and the provision of aid to government and the public. The thesis is that American corporate law adequately provides corporate boards authority to assume broad principles of corporate social responsibility, and that during a public crisis this authority is specially recognized in the enabling statutes of corporate law and should be broadened even further to pursue the public good in exigent circumstances.
Crisis, Rescue And Corporate Social Responsibility Under American Corporate Law, Robert J. Rhee
Crisis, Rescue And Corporate Social Responsibility Under American Corporate Law, Robert J. Rhee
Robert Rhee
This chapter discusses the legal issues of rescue and corporate social responsibility during times of public crisis. It analyzes a corporate board’s fiduciary duty related to the management of a public crisis and the provision of aid to government and the public. The thesis is that American corporate law adequately provides corporate boards authority to assume broad principles of corporate social responsibility, and that during a public crisis this authority is specially recognized in the enabling statutes of corporate law and should be broadened even further to pursue the public good in exigent circumstances.
Crisis, Rescue And Corporate Social Responsibility Under American Corporate Law, Robert J. Rhee
Crisis, Rescue And Corporate Social Responsibility Under American Corporate Law, Robert J. Rhee
Robert Rhee
This chapter discusses the legal issues of rescue and corporate social responsibility during times of public crisis. It analyzes a corporate board’s fiduciary duty related to the management of a public crisis and the provision of aid to government and the public. The thesis is that American corporate law adequately provides corporate boards authority to assume broad principles of corporate social responsibility, and that during a public crisis this authority is specially recognized in the enabling statutes of corporate law and should be broadened even further to pursue the public good in exigent circumstances.