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Articles 1 - 13 of 13
Full-Text Articles in Law and Economics
Constitutional Change And International Government, Chantal Thomas
Constitutional Change And International Government, Chantal Thomas
Cornell Law Faculty Publications
No abstract provided.
Governing Sports In The Global Era: A Political Economy Of Major League Baseball And Its Stakeholders, Mark S. Rosentraub
Governing Sports In The Global Era: A Political Economy Of Major League Baseball And Its Stakeholders, Mark S. Rosentraub
Indiana Journal of Global Legal Studies
No abstract provided.
The Case For Cooperative Territoriality In International Bankruptcy, Lynn M. Lopucki
The Case For Cooperative Territoriality In International Bankruptcy, Lynn M. Lopucki
Michigan Law Review
Universalism - the idea that a multinational debtor's "home country" should have worldwide jurisdiction over its bankruptcy - has long had tremendous appeal to bankruptcy professionals. Yet, the international community repeatedly has refused to adopt conventions that would make universalism a reality. In an article published last year, I proposed an explanation. Universalism can work only in a world with essentially uniform laws governing bankruptcy �nd priority among creditors - a world that does not yet exist. Because it is impossible to fix the location of a multinational company in a global economy, the introduction of universalism in current world …
Resolving Transnational Insolvencies Through Private Ordering, Robert K. Rasmussen
Resolving Transnational Insolvencies Through Private Ordering, Robert K. Rasmussen
Michigan Law Review
There is no international bankruptcy law. No question, there are international insolvencies. Transnational firms, just like domestic ones, often cannot generate sufficient revenue to satisfy their debt obligations. Their financial distress creates a situation where assets and claimants are scattered across more than one country. But there is no international law that provides a set of rules for resolving the financial distress of these firms. The absence of any significant free-standing international bankruptcy treaty means that a domestic court confronted with the domestic part of a transnational enterprise has to decide which nation's domestic bankruptcy law will apply to which …
International Bankruptcy: In Defense Of Universalism, Andrew T. Guzman
International Bankruptcy: In Defense Of Universalism, Andrew T. Guzman
Michigan Law Review
The globalization of business activity is rightfully celebrated as one of the triumphs of the second half of the twentieth century. The benefits stemming from the globalization of commerce are substantial, but international transactions also bring with them important challenges for the world's legal systems. Traditionally, national governments could focus on their domestic economies without undue attention to international issues. Today, however, a country's policymakers must respond to the growth in international business activity with appropriate legal changes. Failure to do so will cause their legal regimes to fall further and further out of step with the needs of the …
The Problem With Scorecards: How (And How Not) To Measure The Cost-Effectiveness Of Economic Sanctions, Richard Parker
The Problem With Scorecards: How (And How Not) To Measure The Cost-Effectiveness Of Economic Sanctions, Richard Parker
Faculty Articles and Papers
No abstract provided.
Critical Race Theory And Postcolonial Development Theory: Observations On Methodology, Chantal Thomas
Critical Race Theory And Postcolonial Development Theory: Observations On Methodology, Chantal Thomas
Cornell Law Faculty Publications
No abstract provided.
Foreward: Mergers, Market Access And The Millennium, Eleanor M. Fox
Foreward: Mergers, Market Access And The Millennium, Eleanor M. Fox
Northwestern Journal of International Law & Business
The symposium issue is a nice microcosm of the competition law issues facing the world. It presents the tensions between national control and world integration. It presents the twin, conflicting impulses to eschew internationalization, hoping to do well enough by deepened positive comity (Waller), and to embrace internationalization at least cautiously to address concerns where unharnessed operation of national interests obstructs efficient solutions and where internationalization is most likely to sidestep the political landmines (Fiebig).
Investing In China's Telecommunications Market: Reflections On The Rule Of Law And Foreign Investment In China, Leontine D. Chuang
Investing In China's Telecommunications Market: Reflections On The Rule Of Law And Foreign Investment In China, Leontine D. Chuang
Northwestern Journal of International Law & Business
The lack of clarity in China's investment laws has translated into an investment environment that is often uncertain, risky, and mired in red tape. In fact, there have been cases where foreign corporations have invested in joint ventures following what they thought to be all the requisite guidelines, only to find out after the money had exchanged hands that something was terribly wrong with the entire agreement. A perfect example of this is the birth, development, and eventual demise of the ill-fated China-China-Foreign (hereinafter "CCF") investment vehicles used for investment in China's telecommunications industry in the past few years. This …
The Role Of Dispute Settlement In World Trade Law: Some Lessons From The Kodak-Fuji Dispute, John Linarelli
The Role Of Dispute Settlement In World Trade Law: Some Lessons From The Kodak-Fuji Dispute, John Linarelli
Scholarly Works
No abstract provided.
Ratcheting Labor Standards: Regulation For Continuous Improvement In The Global Workplace, Charles F. Sabel, Dara O'Rourke, Archon Fung
Ratcheting Labor Standards: Regulation For Continuous Improvement In The Global Workplace, Charles F. Sabel, Dara O'Rourke, Archon Fung
Faculty Scholarship
It is a brute fact of contemporary globalization – unmistakable as activists and journalists catalog scandal after scandal – that the very transformations making possible higher quality, cheaper products often lead to unacceptable conditions of work: brutal use of child labor, dangerous environments, punishingly long days, starvation wages, discrimination, suppression of expression and association. In all quarters, the question is not whether to address these conditions, but how.
That question, however, admits no easy answers. Globalization itself has freed capital from many of its former constraints – national workplace standards, collective bargaining, and supervisory state agencies and courts – designed …
Argentina And The Telecommunications Industry: The Difficult But Necessary Path Toward Liberalization, Vanessa P. Rubinstein
Argentina And The Telecommunications Industry: The Difficult But Necessary Path Toward Liberalization, Vanessa P. Rubinstein
Northwestern Journal of International Law & Business
This article provides a synopsis of Argentina's telecommunications industry and examines the compelling reasons why Argentina must effectively liberalize the industry while eliminating its hidden protectionist policies. Part II presents a historical overview of the Argentina's telecommunications industry and analyzes Argentina's domestic laws requiring liberalization. Part III explores the main economic policy reasons for why liberalization of the Argentine telecommunications industry is essential. Part IV offers recommendations to better achieve effective development, liberalization and competition in the telecommunications industry. This article concludes that Argentina must completely liberalize its telecommunications industry for basic services, thereby abiding by its domestic legal commitments …
Responsabilidade Global, Ivo T. Gico
Responsabilidade Global, Ivo T. Gico
Ivo Teixeira Gico Jr.
O presente artigo traz ao leitor, para além de questões meramente processuais, argumentos para justificar a responsabilização das empresas ditas globais por obrigações decorrentes de relação de consumo transnacionais.
This article brings to the reader, in addition to purely procedural issues, arguments to justify the accountability of the so-called global firms for obligations related to transnational relations of consumption.