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Full-Text Articles in Law
Remote Control: Treaty Requirements For Regulatory Procedures, Paul Mertenskotter, Richard B. Stewart
Remote Control: Treaty Requirements For Regulatory Procedures, Paul Mertenskotter, Richard B. Stewart
Cornell Law Review
Modern trade agreements have come to include many and varied obligations for domestic regulation and administration. These treaty-based commitments aim primarily to improve the freedom of firms to operate in the global economy by aligning the ways in which governments regulate markets and private actors engage governments through administrative law. They therefore strike at the core of how economies are ordered and entail important distributional questions. An increasingly prevalent and diverse—but hitherto largely neglected—type of treaty obligation prescribes specific procedures for domestic administrative decision-making. This Article frames such requirements as tools of powerful states to control regulatory decision-making by government …
Against Populist Isolationism: New Asian Regionalism And Global South Powers In International Economic Law, Pasha L. Hsieh
Against Populist Isolationism: New Asian Regionalism And Global South Powers In International Economic Law, Pasha L. Hsieh
Cornell International Law Journal
This Article provides the most up-to-date examination of the Regional Comprehensive Economic Partnership (RCEP), which is poised to become the world’s largest free trade agreement (FTA). It argues that the 16-country mega-FTA will galvanize the paradigm shift in Asian regionalism and build a normative foundation for the Global South in international economic law. Based on intertwined theoretical and substantive claims, this Article opens an inquiry into the assertive legalism of developing nations in the new regional economic order. It further manifests the pivotal force of emerging economies against populist isolationism in the Trump era that undermines the neoliberal foundation of …
Transfer Mispricing In Africa: Contextual Issues, Edna Kabala, Manenga Ndulo
Transfer Mispricing In Africa: Contextual Issues, Edna Kabala, Manenga Ndulo
Southern African Journal of Policy and Development
Transfer pricing is a significant tax issue and lies at the core of international trade and globalisation. This brief raises contextual issues and challenges surrounding the experience of transfer mispricing in Africa. The brief comes at a time when African countries have consistently exhibited high real Gross Domestic Product (GDP) growth rates in the past two decades, and increased FDI inflows and technological upgrades have aided their high participation in global trade. Despite the profitability of MNEs operations in Africa, the investing firms are paying less in terms of tax. This has created a problem for African countries to raise …
“Private” Cybersecurity Standards? Cyberspace Governance, Multistakeholderism, And The (Ir)Relevance Of The Tbt Regime, Shin-Yi Peng
“Private” Cybersecurity Standards? Cyberspace Governance, Multistakeholderism, And The (Ir)Relevance Of The Tbt Regime, Shin-Yi Peng
Cornell International Law Journal
We are now living in a hyper-connected world, with a myriad of devices continuously linked to the Internet. Our growing dependence on such devices exposes us to a variety of cybersecurity threats. This ever-increasing connectivity means that vulnerabilities can be introduced at any phase of the software development cycle. Cybersecurity risk management, therefore, is more important than ever to governments at all developmental stages as well as to companies of all sizes and across all sectors. The awareness of cybersecurity threats affects the importance placed on the use of standards and certification as an approach.