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4183 full-text articles. Page 1 of 108.

The United Nations Convention On The Recognition And Enforcement Of Foreign Arbitral Awards: The First Four Years, A. Jason Mirabito 2016 U.S. Patent Office

The United Nations Convention On The Recognition And Enforcement Of Foreign Arbitral Awards: The First Four Years, A. Jason Mirabito

Georgia Journal of International & Comparative Law

No abstract provided.


Legal Aspects Of World Bank Participation In Mineral Exploitation Projects, David M. Sassoon 2016 International Bank for Reconstruction and Development

Legal Aspects Of World Bank Participation In Mineral Exploitation Projects, David M. Sassoon

Georgia Journal of International & Comparative Law

No abstract provided.


Key Flaws In The European Commission’S Proposals For Foreign Investor Protection In Ttip, Gus Van Harten 2016 Osgoode Hall Law School of York University

Key Flaws In The European Commission’S Proposals For Foreign Investor Protection In Ttip, Gus Van Harten

Gus Van Harten

In November 2015, the European Commission released a proposed text on foreign investor protection in the EU-US Transatlantic Trade and Investment Partnership (TTIP). In this paper, I outline key flaws in this proposal, including language buried in the text that significantly undermines the EC's proposed provisions on the investment court system (ICS) and on the right to regulate.


Foreign Investor Protection And Climate Action: A New Price Tag For Urgent Policies, Gus Van Harten 2016 Osgoode Hall Law School of York University

Foreign Investor Protection And Climate Action: A New Price Tag For Urgent Policies, Gus Van Harten

Gus Van Harten

From a climate perspective, not all investment is equal. Desirable investment in clean energy needs encouragement and protection, while undesirable investment in fossil fuels needs clear policy signals to avoid further investment in destructive activities and stranding more assets. In this paper, evidence is presented on how foreign investor protection provisions in trade and investment agreements tilt the playing field in favor of entrenched incumbents and against urgent action on climate; on the potential for a massive expansion of investor-state litigation and risks to climate policy in proposed trade deals; and on key flaws in recent European Commission proposals to ...


For Whom The Whistle Blows: The Role Of Private Enforcement In Dodd-Frank's Regulatory Framework, Michael M. Krauss, Julie R. Landy, Jeremy R. Harrell 2016 University of St. Thomas, Minnesota

For Whom The Whistle Blows: The Role Of Private Enforcement In Dodd-Frank's Regulatory Framework, Michael M. Krauss, Julie R. Landy, Jeremy R. Harrell

University of St. Thomas Journal of Law and Public Policy

No abstract provided.


Rulemaking Under Dodd-Frank: Putting The "Person" Back Into The Consumer Lending Process, Elizabeth R. Schiltz 2016 University of St. Thomas School of Law

Rulemaking Under Dodd-Frank: Putting The "Person" Back Into The Consumer Lending Process, Elizabeth R. Schiltz

University of St. Thomas Journal of Law and Public Policy

No abstract provided.


The Trojan Horse Of Corporate Integration, Edward D. Kleinbard 2016 University of Southern California

The Trojan Horse Of Corporate Integration, Edward D. Kleinbard

University of Southern California Legal Studies Working Paper Series

The U.S. Senate Finance Committee has invested significant resources, including hearings and staff reports, to make the case for an unusual form of corporate dividend integration – a corporate dividends-paid deduction, combined with a universal shareholder dividend withholding tax collected from the firm. This proposal would not reduce the cash tax outlays of U.S. corporations in respect of distributed or retained earnings. It would not reduce the aggregate tax burdens imposed on most shareholders, and in many plausible circumstances would raise those tax costs. It is a poorly targeted response to design weaknesses in the U.S. international corporate ...


Of Takeovers, Foreign Investment And Human Rights: Unpacking The Noranda-Minmetals Conundrum, Aaron A. Dhir 2016 Osgoode Hall Law School of York University

Of Takeovers, Foreign Investment And Human Rights: Unpacking The Noranda-Minmetals Conundrum, Aaron A. Dhir

Aaron A. Dhir

In September 2004 Toronto-based Noranda Inc., one of the world's largest producers of nickel and copper, and China Minmetals Corp., a state-owned Chinese company, announced exclusive talks regarding a potential 100 percent buy-out of Noranda. The proposed friendly takeover was expected to be valued at approximately $7.4 billion USD. The dynamic shifted, however, in mid-November when Noranda announced that the exclusivity period for negotiations had expired and would not be renewed. In early March 2005 Noranda expressed frustration at the continuing lengthy process, which was depressing its share value. At the time, Noranda owned 59 percent of leading ...


Regulating Payday Lenders In Canada: Drawing On American Lessons, Stephanie Ben-Ishai 2016 Osgoode Hall Law School of York University

Regulating Payday Lenders In Canada: Drawing On American Lessons, Stephanie Ben-Ishai

Stephanie Ben-Ishai

No abstract provided.


Book Review: Bankruptcy, Insolvency And Family Law, Stephanie Ben-Ishai 2016 Osgoode Hall Law School of York University

Book Review: Bankruptcy, Insolvency And Family Law, Stephanie Ben-Ishai

Stephanie Ben-Ishai

This is a review of Bankruptcy, Insolvency and Family Law, 2d ed by Robert A. Klotz.


Self-Regulation For Safety And Security: Final Minutes Or Finest Hour?, Douglas C. Michael 2016 University of Kentucky College of Law

Self-Regulation For Safety And Security: Final Minutes Or Finest Hour?, Douglas C. Michael

Douglas C. Michael

The terrorist attacks of September 11, 2001, and the accounting and auditing crisis later caused by the Enron and Worldcom scandals of that same year, created a great sense of insecurity in many Americans. In this Article, I analyze the federal government's response to crisis. I first define what a crisis is: a sudden, existential threat to which the entity has insufficient resources to respond. I then explain how regulation for safety and security is unique in two aspects: perceptions matter, and the assistance of the regulated entities is essential. I proceed by describing and analyzing the regulatory history ...


Countercyclical Regulation And Its Challenges, Patricia McCoy 2016 Boston College Law School

Countercyclical Regulation And Its Challenges, Patricia Mccoy

Boston College Law School Faculty Papers

Historically, U.S. financial regulation has normally been procyclical, with federal regulators and Congress relaxing oversight during bull markets and cracking down once financial crises hit. After 2008, the wisdom of this approach came under attack. Critics argued that procyclical regulation left financial institutions undercapitalized and unable to withstand panics. Other critics asserted that economic downturns could be mitigated and even averted if regulators took steps to puncture asset bubbles. The concept of countercyclical regulation responds to both of these critiques. This new approach posits that financial regulation would be more effective if financial regulation clamped down during financial expansions ...


Banks: A Broken Social Contract, Mehrsa Baradaran 2016 University of Georgia School of Law

Banks: A Broken Social Contract, Mehrsa Baradaran

Scholarly Works

This article explores how how the Financial Crisis of 2008 affected the banking industry and brought three specific problems: The first was that the banks and non‐bank financial institutions created due to deregulation were huge, interconnected, and highly leveraged; Second, the panic started in the “shadow banking” sector and showed that the short‐term credit transactions and derivatives that non‐bank financial institutions traded and used for funding for years were similar to banking, and thus prone to runs; and Third, the entire premise of deregulation rested on an assumption that individual firms and market players could accurately calculate ...


Plaintiffs Carry Heavy Burden In Terror Suits Against Banks, Jimmy Gurule 2016 Notre Dame Law School

Plaintiffs Carry Heavy Burden In Terror Suits Against Banks, Jimmy Gurule

Jimmy Gurule

Plaintiffs have a heavy burden to prove that the provision of routine financial services to suspected terrorists violated the ATA. While plaintiffs clearly met their burden in the Arab Bank case, that case did not involve the provision of routine banking services. Further, in the Palestinian Authority case several of the individuals who committed the terrorist attacks worked for the authority and were monetarily rewarded for their acts of terrorism.

Plaintiffs' lawyers in pending bank cases filed under the ATA therefore should be hesitant to read too much into the Arab Bank and Palestinian Authority verdicts.


Payday Lending Isn’T Helping The Poor. Here’S What Might, Mehrsa Baradaran 2016 University of Georgia School of Law

Payday Lending Isn’T Helping The Poor. Here’S What Might, Mehrsa Baradaran

Popular Media

This article appearing in the Washington Post on June 28, 2016 by Mehrsa Baradaran, J. Alton Hosch Associate Professor of Law at the University of Georgia School of Law explores how postal banking could benefit the poor and reduce their reliance on payday lending.


Foreign Investment Protection And Icsid Arbitration, Charles Vuylsteke 2016 International Bank for Reconstruction and Development

Foreign Investment Protection And Icsid Arbitration, Charles Vuylsteke

Georgia Journal of International & Comparative Law

No abstract provided.


Islamic Financing: A Successful Takeoff Or A Crash Landing? Whether Or Not Islamic Financing Should Be Used To Finance And Lease Aircraft, Jennifer Ann Urban 2016 Pepperdine University

Islamic Financing: A Successful Takeoff Or A Crash Landing? Whether Or Not Islamic Financing Should Be Used To Finance And Lease Aircraft, Jennifer Ann Urban

The Journal of Business, Entrepreneurship & the Law

As international air travel continues to increase, Islamic financing is a key option to consider in securing aviation financing. This paper begins with background information of the foundation of Islam. Then, it explains the applicable international treaties and their roles within Middle Eastern nations. Next, Islamic finance law is addressed, followed by Islamic aviation and leasing in general. Finally, this paper concludes with a case study of how these principles come into play in the United Arab Emirates.


Icsid’S Reinforcement? Unasur And The Rise Of A Hybrid Regime For International Investment Arbitration, Kendall Grant 2016 Osgoode Hall Law School of York University

Icsid’S Reinforcement? Unasur And The Rise Of A Hybrid Regime For International Investment Arbitration, Kendall Grant

Osgoode Hall Law Journal

The legitimacy and effectiveness of the International Centre for Settlement of Investment Disputes (“ICSID”) is a matter of spirited debate. Opponents argue that ICSID’s ideological and procedural bias impedes fairness, its complexity and cost restrict access to justice, and its lack of an appeal process exacerbates uncertainty and unpredictability. Dissatisfaction with and ideological critique of ICSID, especially on the part of Latin American states, culminated in 2009 when Ecuador proposed the creation of a regional arbitration centre as part of the Union of South American Nations (“UNASUR”). This article surveys the myriad criticisms launched against ICSID and assesses the ...


Legal Aspects Of Convertibility, Dr. Rainer Geiger 2016 Federal Ministry of Economic Cooperation

Legal Aspects Of Convertibility, Dr. Rainer Geiger

Georgia Journal of International & Comparative Law

No abstract provided.


The Standard Investment Agreement: Text And Comments, Philippe Kahn 2016 Université de Dijon

The Standard Investment Agreement: Text And Comments, Philippe Kahn

Georgia Journal of International & Comparative Law

No abstract provided.


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