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Articles 1 - 13 of 13
Full-Text Articles in Comparative and Foreign Law
Hong Kong's Failure To Extradite Edward Snowden: More Than Just A Technical Defect, Mark D. Kielsgard, Ken Gee-Kin Ip
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, and its retaliatory diplomatic …
Rethinking Social Ventures In Hong Kong, Damian Alexander Bethke, Jedrzej Gorski
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 …
Transplanting And Customizing Legal Systems: Lessons From Namibian Legal History, Martin Cai Lockert
Transplanting And Customizing Legal Systems: Lessons From Namibian Legal History, Martin Cai Lockert
Richmond Journal of Global Law & Business
No abstract provided.
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 Genealogy Of Prosecutorial Discretion In Latin America: A Comparative And Historical Analysis Of The Adversarial Reforms In The Region, Daniel Pulecio-Boek
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.
A New Affirmative Defense To The Fcpa For Countries Exiting Major Internal Strife, Chris Rohde
A New Affirmative Defense To The Fcpa For Countries Exiting Major Internal Strife, Chris Rohde
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
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.
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, the court …
Assessing Effectiveness Of International Private Regulations In The Csr Arena, Martijn W. Scheltema
Assessing Effectiveness Of International Private Regulations In The Csr Arena, Martijn W. Scheltema
Richmond Journal of Global Law & Business
No abstract provided.
Private Enforcement Of Trips By Applying The Eu Law Principles Of Direct Effect And State Liability, Saud Aldawsari
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.
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.
The Surprising Acquittals In The Gotovina And Perisic Cases: Is The Icty Appeals Chamber A Trial Chamber In Sheep's Clothing?, Mark A. Summers
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.
Managing Conflicts Of Interest In China's Public Sector: Fighting Corruption At The Early Stage, Hao (Victor) Wu, Xiaoqi (Claudia) Sun
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.