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Full-Text Articles in Comparative and Foreign Law
Jus Post Bellum In Iraq: The Development Of Emerging Norms For Economic Reform In Post Conflict Countries, Christina C. Benson Jd, Mba
Jus Post Bellum In Iraq: The Development Of Emerging Norms For Economic Reform In Post Conflict Countries, Christina C. Benson Jd, Mba
Christina C Benson JD, MBA
Finally emerging from decades of conflict and isolation, Iraq has endured three devastating wars, the demise of the Saddam Hussein regime, the end of international economic sanctions, and the protracted process of approving a constitution and forming a new democratically elected government. The nation’s emergence from war, and efforts to build the foundations of stable governance and economic growth, provides a fascinating case study for analyzing new international norms promoting the “rule of law” in post-conflict countries. This paper directly addresses arguments that early legal and economic reforms implemented by the Coalition Provisional Authority (CPA) and the Iraqi Interim Government …
Exit, Voice And International Jurisdictional Competition: A Case Study Of The Evolution Of Taiwan’S Regulatory Regime For Outward Investment In Mainland China, 1997-2008, Chang-Hsien Tsai
Chang-hsien (Robert) TSAI
This Article explores the interplay of demand and supply forces in the market for law through international jurisdictional competition led by offshore financial centers. To do so it uses the example of the evolution of a regulatory regime imposed by an onshore jurisdiction, Taiwan, to control outward investment into mainland China (“China-investment”). The argument is that jurisdictional competition brought about by capital mobility or exit will provoke legal changes to prevent the departure of capital when laws reduce the value of remaining within the jurisdiction. The case study is used to examine the extent to which jurisdictional competition fuelled by …