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Kompetenz-Kompetenz: Varying Approaches And A Proposal For A Limited Form Of Negative Kompetenz-Kompetenz, Ashley Cook 2015 Pepperdine University

Kompetenz-Kompetenz: Varying Approaches And A Proposal For A Limited Form Of Negative Kompetenz-Kompetenz, Ashley Cook

Pepperdine Law Review

This paper analyzes differing views and approaches to kompetenz-kompetenz and proposes a workable framework of kompetenz-kompetenz for the future. Part II provides an overview of the general principle of kompetenz-kompetenz, discussing the views of some of the leading international commercial arbitration scholars on kompetenz-kompetenz. Part III analyzes the approaches taken by the United States and the United Kingdom and uses them as helpful illustrations of kompetenz-kompetenz in practice. Part IV notes the shortcomings of the aforementioned approaches and proposes a limited form of negative kompetenz-kompetenz as the solution.


Optimized Theft: Why Some Controlling Shareholders “Generously” Expropriate From Minority Shareholders, Sang Yop Kang 2015 Peking University

Optimized Theft: Why Some Controlling Shareholders “Generously” Expropriate From Minority Shareholders, Sang Yop Kang

Sang Yop Kang

Although controlling shareholder agency problems have been well studied so far, many questions still remain unanswered. In particular, an important puzzle in a bad-law jurisdiction is: why some controlling shareholders (“roving controllers”) loot the entire corporate assets at once, and why others (“stationary controllers”) siphon a part of corporate assets on a continuous basis. To solve this conundrum, this Article provides analytical frameworks exploring the behaviors and motivations of controlling shareholders. To begin with, I reinterpret Olson’s political theory of “banditry” in the context of corporate governance in developing countries. Based on a new taxonomy of controlling shareholders (“roving ...


Book Review: The Palestine Yearbook Of International Law. Ed. Al-Shaybani Society Of International Law. Nicosia, Cyprus., Ralph B. Lake 2015 Holiday Inns, Inc.

Book Review: The Palestine Yearbook Of International Law. Ed. Al-Shaybani Society Of International Law. Nicosia, Cyprus., Ralph B. Lake

Georgia Journal of International & Comparative Law

No abstract provided.


The Availability Of The "Cultural Defense" As An Excuse For Criminal Behavior, Julia P. Sams 2015 University of Georgia School of Law

The Availability Of The "Cultural Defense" As An Excuse For Criminal Behavior, Julia P. Sams

Georgia Journal of International & Comparative Law

No abstract provided.


The Worker Dislocation Dilemma In The United States And Great Britain: Contrasting Legal Approaches, Peter E. Millspaugh 2015 George Mason University

The Worker Dislocation Dilemma In The United States And Great Britain: Contrasting Legal Approaches, Peter E. Millspaugh

Georgia Journal of International & Comparative Law

No abstract provided.


General Discussion, Georgia Journal of International and Comparative Law 2015 University of Georgia School of Law

General Discussion, Georgia Journal Of International And Comparative Law

Georgia Journal of International & Comparative Law

No abstract provided.


Voluntary Plant Closings And Workforce Reductions: An International Perspective, Roger Blanpain 2015 Katholieke Universiteit Leuven

Voluntary Plant Closings And Workforce Reductions: An International Perspective, Roger Blanpain

Georgia Journal of International & Comparative Law

No abstract provided.


Introduction To Roundtable On Comparative Labor Relations Law: The Law And Measures Affecting Workers In The Context Of Voluntary Plant Closings And Workforce Reductions, Georgia Journal of International and Comparative Law 2015 University of Georgia School of Law

Introduction To Roundtable On Comparative Labor Relations Law: The Law And Measures Affecting Workers In The Context Of Voluntary Plant Closings And Workforce Reductions, Georgia Journal Of International And Comparative Law

Georgia Journal of International & Comparative Law

No abstract provided.


Book Review: Environmental Protection And Coastal Zone Management In Asia And The Pacific. Kato, Kumamoto, Matthews, & Suhaimi Eds. Tokyo University Press. 1985., Thomas J. Schoenbaum 2015 University of Georgia School of Law

Book Review: Environmental Protection And Coastal Zone Management In Asia And The Pacific. Kato, Kumamoto, Matthews, & Suhaimi Eds. Tokyo University Press. 1985., Thomas J. Schoenbaum

Georgia Journal of International & Comparative Law

No abstract provided.


International Mass Tort Litigation: Forum Non Conveniens And The Adequate Alternative Forum In Light Of The Bhopal Disaster, Stephen L. Cummings 2015 University of Georgia School of Law

International Mass Tort Litigation: Forum Non Conveniens And The Adequate Alternative Forum In Light Of The Bhopal Disaster, Stephen L. Cummings

Georgia Journal of International & Comparative Law

No abstract provided.


An Antitrust Analysis Of Joint Research And Development Agreements In The European Economic Community And The United States, Francene M. Augustyn 2015 Georgetown University

An Antitrust Analysis Of Joint Research And Development Agreements In The European Economic Community And The United States, Francene M. Augustyn

Georgia Journal of International & Comparative Law

No abstract provided.


Settlement Of Disputes In Gatt Under The Subsidies Code: Two Panel Reports On E.E.C. Export Subsidies, Massimo Coccia 2015 LUISS University of Rome

Settlement Of Disputes In Gatt Under The Subsidies Code: Two Panel Reports On E.E.C. Export Subsidies, Massimo Coccia

Georgia Journal of International & Comparative Law

No abstract provided.


The European Commission's Ecs/Akzo Standard For Predatory Pricing In The E.E.C.: Deterrence Or Disorder?, Thomas G. Ehr 2015 University of Georgia School of Law

The European Commission's Ecs/Akzo Standard For Predatory Pricing In The E.E.C.: Deterrence Or Disorder?, Thomas G. Ehr

Georgia Journal of International & Comparative Law

No abstract provided.


Understanding Political Systems: A Comment On Methods Of Comparative Research, T. Koopmans 2015 Court of Justice of the European Communities

Understanding Political Systems: A Comment On Methods Of Comparative Research, T. Koopmans

Georgia Journal of International & Comparative Law

No abstract provided.


The Joint Venture And Related Contract Laws Of Mainland China And Taiwan: A Comparative Analysis, Clyde D. Stoltenberg, David W. McClure 2015 University of Kansas

The Joint Venture And Related Contract Laws Of Mainland China And Taiwan: A Comparative Analysis, Clyde D. Stoltenberg, David W. Mcclure

Georgia Journal of International & Comparative Law

No abstract provided.


The Hague Evidence Convention In U.S. Courts: Aerospatiale And The Path Not Taken, Société Nationale Industrielle Aerospatiale V. U.S. District Court For The Southern District Of Iowa, 107 S. Ct. 2542 (1987), Roger C. Wilson 2015 University of Georgia School of Law

The Hague Evidence Convention In U.S. Courts: Aerospatiale And The Path Not Taken, Société Nationale Industrielle Aerospatiale V. U.S. District Court For The Southern District Of Iowa, 107 S. Ct. 2542 (1987), Roger C. Wilson

Georgia Journal of International & Comparative Law

No abstract provided.


A New And Old Theory For Adjudicating Standardized Contracts, Eric Mills Holmes, Dagmar Thürmann 2015 University of Georgia School of Law

A New And Old Theory For Adjudicating Standardized Contracts, Eric Mills Holmes, Dagmar Thürmann

Georgia Journal of International & Comparative Law

No abstract provided.


European Economic Community - Regulation Of Airfares - European Commission May Sanction Anti-Competitive Measures Of European Community And Possibly Foreign Airlines As Eec Expands Its Role In Air Transport Domain - "The Newest Frontiers", Richard S. Alembik 2015 University of Georgia School of Law

European Economic Community - Regulation Of Airfares - European Commission May Sanction Anti-Competitive Measures Of European Community And Possibly Foreign Airlines As Eec Expands Its Role In Air Transport Domain - "The Newest Frontiers", Richard S. Alembik

Georgia Journal of International & Comparative Law

No abstract provided.


Foreign Policy And Export Controls: How Will The Canada-United States Free Trade Agreement Accommodate The Extraterritorial Application Of United States Laws To Canadian Exports Of Goods And Technology?, Dorinda G. Dallmeyer 2015 University of Georgia School of Law

Foreign Policy And Export Controls: How Will The Canada-United States Free Trade Agreement Accommodate The Extraterritorial Application Of United States Laws To Canadian Exports Of Goods And Technology?, Dorinda G. Dallmeyer

Georgia Journal of International & Comparative Law

No abstract provided.


Informers Defamation And Public Policy, Daniel More 2015 Tel-Aviv University

Informers Defamation And Public Policy, Daniel More

Georgia Journal of International & Comparative Law

No abstract provided.


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