Laying Down The "Brics": Enhancing The Portability Of Awards In International Commercial Arbitration,
2015
American University Washington College of Law
Laying Down The "Brics": Enhancing The Portability Of Awards In International Commercial Arbitration, Benjamin C. Mccarty
Benjamin C McCarty
The drafters of the 1958 New York Convention intended Article V(2)(b) to be interpreted narrowly, and while most pro-arbitration national courts do maintain narrowly defined areas of public policy that are sufficient for refusal of the recognition and enforcement of a foreign arbitral award, this is not always the case. Developing states and jurisdictions that maintain corrupt or inefficient judicial systems have shown a greater willingness to invoke the public policy exception for a broader, amorphous variety of reasons. This phenomenon has created a sense of unpredictability among international investors, arbitrators, and business executives as to the amount of deference …
Family Law In The Republic Of Ireland,
2015
University of Georgia School of Law
Family Law In The Republic Of Ireland, William Binchy
Georgia Journal of International & Comparative Law
No abstract provided.
Palandt, Burgerliches Gesetzbuch. Commentaries On The German Civil Code, 36th Rev. Ed.,
2015
University of Georgia School of Law
Palandt, Burgerliches Gesetzbuch. Commentaries On The German Civil Code, 36th Rev. Ed., Hugo Hahn
Georgia Journal of International & Comparative Law
No abstract provided.
Arbitration Of Mexican Trust Disputes: A Couple Made For Each Other?,
2015
University of Miami Law School
Arbitration Of Mexican Trust Disputes: A Couple Made For Each Other?, Edgardo Muñoz, Sofía Llamas
University of Miami International and Comparative Law Review
No abstract provided.
Where Law Meets Culture: The Legal Protection Of The Dead In China,
2015
University of Miami Law School
Where Law Meets Culture: The Legal Protection Of The Dead In China, Bing Shui
University of Miami International and Comparative Law Review
No abstract provided.
Actions And Reactions: The Evolution Of Environmental Common Law And Judicial Activism In India And The United States,
2015
University of Miami Law School
Actions And Reactions: The Evolution Of Environmental Common Law And Judicial Activism In India And The United States, Elizabeth B. Fata
University of Miami International and Comparative Law Review
No abstract provided.
The Fast Dealing Oil Trading Game: Oilopoly Russia’S Geostrategic Dominance Of The Oil Market Vís-A-Vís The European Union,
2015
University of Miami Law School
The Fast Dealing Oil Trading Game: Oilopoly Russia’S Geostrategic Dominance Of The Oil Market Vís-A-Vís The European Union, Melissa Victoria Jordon
University of Miami International and Comparative Law Review
No abstract provided.
Gandhi’S Prophecy: Corporate Violence And A Mindful Law For Bhopal,
2015
University of Michigan - Dearborn
Gandhi’S Prophecy: Corporate Violence And A Mindful Law For Bhopal, Nehal A. Patel
Nehal A. Patel
AbstractOver thirty years have passed since the Bhopal chemical disaster began,and in that time scholars of corporate social responsibility (CSR) havediscussed and debated several frameworks for improving corporate responseto social and environmental problems. However, CSR discourse rarelydelves into the fundamental architecture of legal thought that oftenbuttresses corporate dominance in the global economy. Moreover, CSRdiscourse does little to challenge the ontological and epistemologicalassumptions that form the foundation for modern economics and the role ofcorporations in the world.I explore methods of transforming CSR by employing the thought ofMohandas Gandhi. I pay particular attention to Gandhi’s critique ofindustrialization and principle of swadeshi (self-sufficiency) …
Executive Acquiescence To Constitutional Norms And Judicial Decision-Making In South Africa,
2015
University of Miami Law School
Executive Acquiescence To Constitutional Norms And Judicial Decision-Making In South Africa, Andrew Konstant, Shayda Vance
University of Miami International and Comparative Law Review
No abstract provided.
Carrier Liability For Damages Incurred By Ship Passengers: The European Union As A Trailblazer Towards A Global Liability Regime?,
2015
University of Miami Law School
Carrier Liability For Damages Incurred By Ship Passengers: The European Union As A Trailblazer Towards A Global Liability Regime?, Stefan Kirchner, Grit Tüngler, Jan Martin Hoffmann
University of Miami International and Comparative Law Review
No abstract provided.
A Critical Assessment Of The Role Of The Venice Commission In Processes Of Domestic Constitutional Reform,
2015
Singapore Management University
A Critical Assessment Of The Role Of The Venice Commission In Processes Of Domestic Constitutional Reform, Maartje De Visser
Research Collection Yong Pung How School Of Law
On January 26, 2014, an overwhelming majority of the National Constituent Assembly of Tunisia approved the country's new constitution. Drafted in the aftermath of the Tunisian revolution, the constitution received considerable international critical acclaim, regarding the manner in which the text had been drafted and adopted as well as its content, notably the entrenchment of a host of fundamental rights and liberties. Comparisons have inevitably been drawn with Egypt's new constitution and those of other Arab nations, with the Tunisian text hailed as one of the most progressive in the region, providing the foundations for a modern and credible democracy. …
The Women Of The Wall: A Metaphor For National And Religious Identity,
2015
Boston University School of Law
The Women Of The Wall: A Metaphor For National And Religious Identity, Pnina Lahav
Faculty Scholarship
The Women of the Wall wish to participate in communal prayer in the women’s section of the Western Wall in Jerusalem. Their practice is to pray as a group, wrap themselves in a tallit, and read from the Torah scroll. They represent Jewish pluralism in that their group includes Orthodox, Conservative, Reform and secular women. They represent openness to change in that they base their claims on Halakhic interpretation, thereby embracing the capacity of Jewish law to evolve. This article reviews the resistance of the religious and political establishment in Israel to their claim and their struggle, unsuccessful so far, …
Time To Say Local Cheese And Smile At Geographical Indications Of Origin? International Trade And Local Development In The United States,
2015
Texas A&M University School of Law
Time To Say Local Cheese And Smile At Geographical Indications Of Origin? International Trade And Local Development In The United States, Irene Calboli
Faculty Scholarship
In this Article, I offer some considerations on a possible compromising solution for the controversy between the European Union (EU) and the United States (U.S.) on the regulation of geographical indications of origin (GIs) as part of the negotiations in the Transatlantic Trade and Investment Partnership (TTIP). Notably, I advocate that the EU and the U.S. consider adopting a solution similar to that adopted in the Canada and European Union Comprehensive Economic and Trade Agreement (CETA). In particular, I note that, even though CETA accepted several of the EU's requests to claw-back names that were not previously protected in Canada, …
Mending The Legislative Process – The Preliminaries,
2015
Bar-Ilan University
Mending The Legislative Process – The Preliminaries, Ittai Bar-Siman-Tov
Dr. Ittai Bar-Siman-Tov
ג'ון הארט גרוניס?: פסיקתו של הנשיא גרוניס לאור התיאוריה החוקתית של אילי (John Hart Grunis?: The Jurisprudence Of Chief Justice Grunis In Light Of Ely's Constitutional Theory),
2015
Bar-Ilan University
ג'ון הארט גרוניס?: פסיקתו של הנשיא גרוניס לאור התיאוריה החוקתית של אילי (John Hart Grunis?: The Jurisprudence Of Chief Justice Grunis In Light Of Ely's Constitutional Theory), Ittai Bar-Siman-Tov
Dr. Ittai Bar-Siman-Tov
Riio To Rev: What U.S. Power Reform Should Learn From The U.K.,
2015
Center for Law, Environment, Adaptation and Resources, University of North Carolina School of Law
Riio To Rev: What U.S. Power Reform Should Learn From The U.K., Heather Payne
Pace Law Review
After discussing the recent history of and need for regulatory reform in the U.K., this article will summarize the RIIO framework and analyze the three parts best suited for import into the regulatory frameworks of American states. Specifically, the article will evaluate how a performance-based framework with (1) longer rate cases, (2) proportionate assessment, and (3) a focus on total expenditures limiting regulatory asset value, should positively influence the U.S. regulatory landscape. While RIIO is only used for transmission and distribution in the U.K., there is a potential for its performance-based approach to be used in generation as well as …
Dodd-Frank’S Extension Of Criminal Corporate Liability Through The Foreign Corrupt Practices Act: Enabling Whistleblowers And Monitoring Conflict Minerals,
2015
Pace University
Dodd-Frank’S Extension Of Criminal Corporate Liability Through The Foreign Corrupt Practices Act: Enabling Whistleblowers And Monitoring Conflict Minerals, Tim Bakken
Pace Law Review
In a sense, through its whistleblower provision, the Dodd-Frank Act has enabled the government to use corporate employee whistleblowers to support criminal prosecutions. That position finds agreement in this article, but the conclusion reached is that the results to be obtained from the whistleblower provision will be positive. Through an analysis of the Dodd-Frank Act, this article discusses further the new reach of the FCPA, particularly in light of the whistleblower and conflict-minerals provisions in the Dodd-Frank Act. Finally, this article concludes that although the new provisions can be costly, the provisions are beneficial. The traditional corporate model is now …
The Us Space Launch Competitiveness Act Of 2015,
2015
University of Nebraska College of Law
The Us Space Launch Competitiveness Act Of 2015, Frans Von Der Dunk
Space, Cyber, and Telecommunications Law Program: Faculty Publications
On November 25, 2015, President Obama signed into law the US Commercial Space Launch Competitiveness Act (H.R. 2262). This Act encompasses four titles: I. Spurring Private Aerospace Competitiveness and Entrepreneurship (acronym: SPACE), II. Commercial Remote Sensing, III. Office of Space Commerce, and IV. Space Resource Exploration and Utilization.
Title I amends the Commercial Space Launch Act, which comprises the licensing regime for launches, reentries, and launch port activities, including those carrying spaceflight participants on board.
Title II amends the Land Remote Sensing Policy Act, which allowed for the licensing of private commercial satellite remote-sensing operations, and essentially requires the Secretary …
Canadian Estate Planning Issues,
2015
Georgia State University College of Law
Canadian Estate Planning Issues, Samuel Donaldson
Samuel A. Donaldson
No abstract provided.
La Adaptación A Las Necesidades: Convergencia Y Divergencia,
2015
Pontificia Universidad Católica del Perú
La Adaptación A Las Necesidades: Convergencia Y Divergencia, Renzo E. Saavedra Velazco
Renzo E. Saavedra Velazco
No abstract provided.
