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Full-Text Articles in Law

Transplanting And Customizing
 Legal Systems: Lessons From
 Namibian Legal History, Martin Cai Lockert Jan 2014

Transplanting And Customizing
 Legal Systems: Lessons From
 Namibian Legal History, Martin Cai Lockert

Richmond Journal of Global Law & Business

No abstract provided.


New Affirmative Defense To The Fcpa For Countries Exiting Major Internal Strife, Chris Rohde Jan 2014

New Affirmative Defense To The Fcpa For Countries Exiting Major Internal Strife, Chris Rohde

Law Student Publications

This paper examines whether the current exception to the Foreign Corrupt Practices Act (FCPA), or the affirmative defenses provided by the FCPA, allow American companies to be this positive influence. Part I examines the background of the FCPA, the current exception and affirmative defenses, and the recent increase in enforcement. Part II examines the issue of whether the current exceptions and affirmative defenses permit US companies to invest in countries currently exiting major internal strife. 4 Unfortunately, neither the exception nor the affirmative defenses provide companies the leeway necessary to enter these markets without serious risk of running afoul of ...


Endangered Element Of Icsid Arbitral Practice: Investment Treaty Arbitration, Foreign Direct Investment, And The Promise Of Economic Development In Host States, Felix O. Okpe Jan 2014

Endangered Element Of Icsid Arbitral Practice: Investment Treaty Arbitration, Foreign Direct Investment, And The Promise Of Economic Development In Host States, Felix O. Okpe

Richmond Journal of Global Law & Business

The omission to define the term "investment" in the ICSID Convention is one of the most critical decisions that has led to inconsistent jurisprudence and the resulting debate regarding the propriety of the ICSID Convention and investment treaty arbitration. The legislative history and the circumstances leading to the birth of the ICSID Convention strongly suggest that its main objective is the protection and promotion of economic development in the host State. Most of the propositions aimed at giving a meaning to the term "investment" in ICSID arbitral practice have focused more on whether the scope of the meaning of "investment ...


The Surprising Acquittals In The Gotovina And Perisic Cases: Is The Icty Appeals Chamber A Trial Chamber In Sheep's Clothing?, Mark A. Summers Jan 2014

The Surprising Acquittals In The Gotovina And Perisic Cases: Is The Icty Appeals Chamber A Trial Chamber In Sheep's Clothing?, Mark A. Summers

Richmond Journal of Global Law & Business

No abstract provided.


The Penumbra Of The United States’
 Foreign Corrupt Practices Act: Brazil’S Clean Companies Act And 
Implications For The Pharmaceutical
 Industry, Beverley Earle, Anita Cava Jan 2014

The Penumbra Of The United States’
 Foreign Corrupt Practices Act: Brazil’S Clean Companies Act And 
Implications For The Pharmaceutical
 Industry, Beverley Earle, Anita Cava

Richmond Journal of Global Law & Business

No abstract provided.


Managing Conflicts Of Interest In China's Public Sector: Fighting Corruption At The Early Stage, Hao (Victor) Wu, Xiaoqi (Claudia) Sun Jan 2014

Managing Conflicts Of Interest In China's Public Sector: Fighting Corruption At The Early Stage, Hao (Victor) Wu, Xiaoqi (Claudia) Sun

Richmond Journal of Global Law & Business

No abstract provided.


Universal Anti-Bribery Legislation 
Can Save International Business: A Comparison Of The Fcpa And The Ukba In An Attempt To Create 
Universal Legislation To Combat
 Bribery Around The Globe, Lindsey Hills Jan 2014

Universal Anti-Bribery Legislation 
Can Save International Business: A Comparison Of The Fcpa And The Ukba In An Attempt To Create 
Universal Legislation To Combat
 Bribery Around The Globe, Lindsey Hills

Richmond Journal of Global Law & Business

No abstract provided.


Hong Kong's Failure To Extradite Edward Snowden: More Than Just A Technical Defect, Mark D. Kielsgard, Ken Gee-Kin Ip Jan 2014

Hong Kong's Failure To Extradite Edward Snowden: More Than Just A Technical Defect, Mark D. Kielsgard, Ken Gee-Kin Ip

Richmond Journal of Global Law & Business

As the Edward Snowden case takes legs and exhibits all the earmarks of official misconduct and scandal, the U.S. government continues efforts aimed at extraditing this "whistleblower," characterizing him as a traitor and doing damage control in the NSA. Part of this strategy includes intimidating those sovereign states that refuse to coooperate in returning Snowden to face trial.Yet, the legal basis for these U.S. efforts is highly contentious. If Snowden had stayed in Hong Kong and fought extradition, in all likelihood he would have prevailed. Thus, the U.S. is left with not credible basis for complaint ...


The Genealogy Of Prosecutorial Discretion In Latin America: A Comparative And Historical Analysis Of The Adversarial Reforms In The Region, Daniel Pulecio-Boek Jan 2014

The Genealogy Of Prosecutorial Discretion In Latin America: A Comparative And Historical Analysis Of The Adversarial Reforms In The Region, Daniel Pulecio-Boek

Richmond Journal of Global Law & Business

No abstract provided.


Rethinking Social Ventures In Hong Kong, Damian Alexander Bethke, Jedrzej Gorski Jan 2014

Rethinking Social Ventures In Hong Kong, Damian Alexander Bethke, Jedrzej Gorski

Richmond Journal of Global Law & Business

Hong Kong has experienced a significant transformation in its understanding of business, which concerns the phenomenon of social ventures that attempt to combine a make money and do good approach and to apply business skills to address social needs. Social ventures live a mystical existence, as they are fully ignored from a legal perspective despite the recent reform of laws on charitable activities. This causes problems as to their general understanding, which the authors try to address with their own typology, systematically characterizing social ventures. Then the authors examine the legal environment of social ventures in Hong Kong and identify ...


Private Enforcement Of Trips By Applying The Eu Law Principles Of Direct Effect And State Liability, Saud Aldawsari Jan 2014

Private Enforcement Of Trips By Applying The Eu Law Principles Of Direct Effect And State Liability, Saud Aldawsari

Richmond Journal of Global Law & Business

No abstract provided.


Assessing Effectiveness Of International Private Regulations In The Csr Arena, Martijn W. Scheltema Jan 2014

Assessing Effectiveness Of International Private Regulations In The Csr Arena, Martijn W. Scheltema

Richmond Journal of Global Law & Business

No abstract provided.


A New Affirmative Defense To The Fcpa For Countries Exiting Major Internal Strife, Chris Rohde Jan 2014

A New Affirmative Defense To The Fcpa For Countries Exiting Major Internal Strife, Chris Rohde

Richmond Journal of Global Law & Business

No abstract provided.


Will What Happened In Ecuador 
Stay In Ecuador? How The Existing
 International Due Process
 Analysis May Be Ineffective In 
Keeping Fraudulent Foreign 
Judgments Out Of U.S. Courts, Christopher Lento Jan 2014

Will What Happened In Ecuador 
Stay In Ecuador? How The Existing
 International Due Process
 Analysis May Be Ineffective In 
Keeping Fraudulent Foreign 
Judgments Out Of U.S. Courts, Christopher Lento

Richmond Journal of Global Law & Business

Recent evidence in the decades-old Chevron/Ecuador litigation suggests that the $18 billion judgment rendered against Chevron by an Ecuadorian court may have been a product of conspiracy and fraud on an almost unprecedented scale. However, these allegations overshadow fundamental problems in the method by which U.S. courts determine whether judgments rendered in foreign jurisdictions may be enforced against defendants in the United States.

Under the current jurisprudential regime, courts that are faced with the question of whether a foreign judgment is enforceable in the United States follow what is termed the “international due process analysis.” In this analysis ...


Corruption, Corporations, And The New Human Right, Andrew B. Spalding Jan 2014

Corruption, Corporations, And The New Human Right, Andrew B. Spalding

Law Faculty Publications

We should no longer expect the Alien Tort Statute to be the principal federal statute that deters overseas corporate rights violations. That distinction rightly belongs to the Foreign Corrupt Practices Act, an antibribery statute that rests on undisputed principles of corporate liability, contains a clear congressional statement of extraterritorial application, and routinely collects penalties from multinational corporate defendants. Scholars have not associated the FCPA with human rights, owing principally to a thin understanding of rights theory. But freedom from corruption can and should be understood as a human right, one that is as old as social contract theory but new ...