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Tax Incentives And Sub-Saharan Africa, Karen B. Brown 2021 Pepperdine University

Tax Incentives And Sub-Saharan Africa, Karen B. Brown

Pepperdine Law Review

The OECD’s Base Erosion Profit Shifting (BEPS) project has taken a powerful and welcome look at many of the tax avoidance strategies that proliferate in a world where multinational enterprises are in the business of exploiting gaps in the tax laws of different countries to minimize their ultimate tax bills. The focus on international consensus and prescriptions for reform has not been an unqualified good for the nations in Sub-Saharan Africa, which find themselves in the position of reacting to standards and taking on compliance burdens set without sufficient consideration of their special circumstances. Because the path for the ...


Cities And Provinces In A World Of States: Subnational Governments In The International Legal System, William W. Burke-White 2021 University of Pennsylvania Carey Law School

Cities And Provinces In A World Of States: Subnational Governments In The International Legal System, William W. Burke-White

Faculty Scholarship at Penn Law

Over the past two decades, cities and provinces have emerged as economically and politically powerful actors in global affairs. They have begun to demand access to and participation in the international legal system. Yet, the traditional rules of international legal personality limit full, formal participation to sovereign equal nation states. Nonetheless, in response to the localization of new transnational challenges, subnational governments are finding ways to access international legal processes and influence the development of international legal norms. They are seeking accommodation within existing institutions and legal processes; emulating international law through their own commitments and organizations; incorporating international law ...


Are You In Or Out? Hong Kong And The Applicability Of The United Nations Convention On Contracts For The International Sale Of Goods, Cullen Threlkeld 2021 University of Georgia School of Law

Are You In Or Out? Hong Kong And The Applicability Of The United Nations Convention On Contracts For The International Sale Of Goods, Cullen Threlkeld

Georgia Journal of International & Comparative Law

No abstract provided.


Systems Thinking And Global Health Governance, Elsie Hayford, Marice Ashe 2021 Accra College of Medicine

Systems Thinking And Global Health Governance, Elsie Hayford, Marice Ashe

Georgia Journal of International & Comparative Law

No abstract provided.


Re-Imagining Possibilities Of Governance For Global Health, Alicia Ely Yamin 2021 Harvard Law School

Re-Imagining Possibilities Of Governance For Global Health, Alicia Ely Yamin

Georgia Journal of International & Comparative Law

No abstract provided.


The Cost Of Big Data: Evaluating The Effects Of The European Union’S General Data Protection Regulation, Kara Rebecca White 2021 University of Tennessee, Knoxville

The Cost Of Big Data: Evaluating The Effects Of The European Union’S General Data Protection Regulation, Kara Rebecca White

EURēCA: Exhibition of Undergraduate Research and Creative Achievement

In the 1990’s the World Wide Web was created, drastically changing the way we do business, communicate, and live our lives. Ten years later in the early 2000’s the dot com boom happened, and several years later, new technology giants emerged—like Amazon, Google, and Facebook. From this, we now face “big data” that promises to solve world problems, but has the potential to create turmoil and malfeasance. My research examines the impact of the General Data Protection Regulation (GDPR) enacted in the EU in 2016 on firm value using Tobin’s Q and CARs. Using regression analyses ...


Climate Justice And The Etos, Sara L. Seck 2021 Dalhousie University Schulich School of Law

Climate Justice And The Etos, Sara L. Seck

Articles, Book Chapters, & Popular Press

This chapter will explore whether the Maastricht Principles have contributed to the clarification of ETOs for human rights in relation to climate justice. I will first consider some conceptual issues of relevance to both the ETOs and the quest for climate justice. Second, with reference to several examples, I will illustrate how the concept of extraterritoriality may create confusion rather than clarity in the climate context. I will then illustrate how this confusion may be overcome if attention is paid to the precise nature of the relationships at issue to which obligations attach, rather than reinforcing the bright line of ...


Jus Ad Bellum, Natural Law, And The Invasion Of Iraq, Johnny Davis, Johnny B. Davis 2021 Liberty University

Jus Ad Bellum, Natural Law, And The Invasion Of Iraq, Johnny Davis, Johnny B. Davis

Liberty University Journal of Statesmanship & Public Policy

The thesis is the coalition invasion of Iraq violated international law because it went beyond the limited authority to use force given by United Nations Resolution 144 and violated natural law just war principles. The involvement of the United States not only violated just war principles but the requirements of the United States Constitution because Congress did not declare war as was required. The invasion also went beyond the legal limits imposed by the United States Joint Congressional Resolution authorizing the use passed on 2 October 2002. Further, the invasion was not justified by any prior United Nations resolution nor ...


A Fresh Approach To What It Means To Be A Religious Refugee, Brienna Bagaric, Jennifer Svilar 2021 Pepperdine University

A Fresh Approach To What It Means To Be A Religious Refugee, Brienna Bagaric, Jennifer Svilar

Pepperdine Law Review

The world is currently experiencing an unprecedented displaced persons crisis. There are more than 70 million people worldwide who have been forcibly displaced from their homeland and are in search of a new country in which to settle. There is no international appetite to absorb these people. There is only one legal pathway by which displaced people can claim an entitlement to settle in another country. This is pursuant to the Refugee Convention. More than 140 countries including the United States are signatories to this convention. The difficulty experienced by displaced people is now particularly acute so far as entry ...


The Plea Of Necessity: An Oft Overlooked Response Option To Hostile Cyber Operations, Louise Arimatsu, Michael N. Schmitt 2021 U.S. Naval War College

The Plea Of Necessity: An Oft Overlooked Response Option To Hostile Cyber Operations, Louise Arimatsu, Michael N. Schmitt

International Law Studies

States are increasingly focused on the measures—cyber or otherwise—that they can take in response to hostile cyber operations. Although cyber operations are usually responded to with acts of “retorsion” (acts that are lawful, although unfriendly), international law recognizes other self-help mechanisms that allow for more robust responses. In the cyber context, most attention has focused on countermeasures and self-defense. Yet, both are subject to various limitations that constrain their availability.

This article examines a further option, the so-called “plea of necessity.” It allows States to respond to a hostile cyber operation when the action taken would otherwise be ...


Berbagai Aspek Globalisasi Dan Pengaruhnya Pada Tata Hubungan Internasional, Burhan D. Mangeda 2021 Universitas Indonesia

Berbagai Aspek Globalisasi Dan Pengaruhnya Pada Tata Hubungan Internasional, Burhan D. Mangeda

Indonesian Journal of International Law

The aim of the paper is to discuss the trend of globalization from political, ideological, security and defence, economics, socio cultural and international lawpoint of views, and their influences in forming the New World Order. The Trend shows the dominance of hte United States as the emerging og the United States as the ‘sole superpower’ and the spread of the ‘free market’ and liberalism. In terms of international law, there is a sneed to form interstates regulations regarding the flow of people, capital, informatio and other goods acctoss national boundaries.


Memahami Desentralisasi Fungsional (Perbandingan Praktek Di Belanda, Jepang, Usa, Dan Jerman), Irfan Maksum 2021 Universitas Indonesia

Memahami Desentralisasi Fungsional (Perbandingan Praktek Di Belanda, Jepang, Usa, Dan Jerman), Irfan Maksum

Indonesian Journal of International Law

Functional decentralisation practices in developing countries are mixed with the so-called privatisation which is a part of economic desentalisation and/or delegatuon of administrative decentralisation. This concept research is important in order to understand the concet of decentralisation as a whole. This article tries to make comparison of functional decentralisation practices in four countries: the Netherlands, Japan, the United States, ang Germany.


Pengaturan Perang Dan Konflik Bersenjata Dalam Hukum Humaniter Internasional, Teguh Sulistia 2021 Universitas Indonesia

Pengaturan Perang Dan Konflik Bersenjata Dalam Hukum Humaniter Internasional, Teguh Sulistia

Indonesian Journal of International Law

War and armed conflicts have been the major problems in international law especially for their dejected impacts such as physical, psychological, and material loss for the victims. Wars and armed conflicts are subject to international humanitarian law so that people are protected from the soldiers’ violence where they kill each other in defending their national interests. Humanitarian law also has a purpose to protect wounded soldiers and prisoners of war from inhuman treatments. However, these wars and armed conflicts shoul be prevented because they have more disadvantages than advantages to human beings.


Doha Development Agenda Negotiations On Agriculutal Sector, Asiantono Siambella 2021 Universitas Indonesia

Doha Development Agenda Negotiations On Agriculutal Sector, Asiantono Siambella

Indonesian Journal of International Law

When Doha Round offically opens in Doha, Qatar in November 2001, the parties of the WTO agreed the round named by Doha Development Agenda (DDA). The majority developing countries argues that the previous round was created the regulations whose just make the developed countries gain more profit and dominate global trade. This article gave the information on the DDA development in agriculture, in order to increase the reformation in agriculture to get the fair and equal global trade system, this article gave the proportional picture and position whose shown by the developing countries in the WTO rounds in 3 problems ...


Kepentingan Pertanian Indonesia Dalam Perdagangan Internasional, Anton Apriyantono 2021 Universitas Indonesia

Kepentingan Pertanian Indonesia Dalam Perdagangan Internasional, Anton Apriyantono

Indonesian Journal of International Law

Trade on Agriculture has been reformed since January 1995. It was a resultof Uruguay Round and staed on Agreement on Agriculture. However, its implementations have given negative aspects to developing countries. It was caused by the malfunction of specific protection mechanism. Besides, special and differential treatment, created by developed countries, is not implemented effectively. Accordingly, sector on Agriculture has been being negotiated since the Doha Round in 2001.


Pertanian Indonesia Dalam Perundingan Aturan Perdagangan Internasional, Delima Hasri Azahari, Iskandar Panjaitan 2021 Universitas Indonesia

Pertanian Indonesia Dalam Perundingan Aturan Perdagangan Internasional, Delima Hasri Azahari, Iskandar Panjaitan

Indonesian Journal of International Law

It is a paradox that Indonesian agriculture would prefer a market oriented condition to enhance its economic performance but at the same time it requires at significant degree of Government intervention to maintain its economic and non-economic goals to face with economic globalization. The existence of market imperfection as an argument of government intervention on agricultuer of developing countries and it is being worsened by biased trade policies applied by developed countries. By realizing its unfaded importance, Indonesia should see the paradox and consider i then makeing position for negotiations on market liberaliazation of agriculture.


Perlindungan Hak-Hak Perempuan Dalam Perkawinan Campuran Berdasarkan Instrumen-Instrumen Internasional Tentang Hak Asasi Manusia, Mutiara Hikmah 2021 Universitas Indonesia

Perlindungan Hak-Hak Perempuan Dalam Perkawinan Campuran Berdasarkan Instrumen-Instrumen Internasional Tentang Hak Asasi Manusia, Mutiara Hikmah

Indonesian Journal of International Law

Mixed marriage is common thing in Indonesia. The Data collected by the Civil Register Office said, this type of marriage is increasing from time to time. Mixed marriage, however, has strong relation with women rights concerning nationality aspect. The regulation about women rights are embodied comprehensively, in both national and international human rights instruments. However, the protection of women rights, especially in nationality aspect from the mixed marriage, has not been addressed properly.


Dampak Perkawinan Campuran Terhadap Pemeliharaan Anak, Zulfa Djoko Basuki 2021 Universitas Indonesia

Dampak Perkawinan Campuran Terhadap Pemeliharaan Anak, Zulfa Djoko Basuki

Indonesian Journal of International Law

Nationality is a basic need for everyone who lives in this world because of its effect. Nobody can live without nationality. It gives protection and certainty to fulfill the needs of human being. At implementation level, nationality can bring some rights and some obligations. To convince it will run smoothly, nationality has its own rule and principle. It is different between one country and another but the principle can be categorized into two, which are ius sanguinis or ius soli. Indonesia bases its nationality rule or ius sanguinis principle, as embodied in Law Number 62 Years 1958 on Nationality. Unfortunately ...


Traktat Internasional Dan Paradoks Globalisasi, Emmy Yuhassarie Ruru 2021 Universitas Indonesia

Traktat Internasional Dan Paradoks Globalisasi, Emmy Yuhassarie Ruru

Indonesian Journal of International Law

Since the creation of means of transportation to transfer people from one place to another, there was an indication of the ambiguity of State’s intention in international relation. State’s or Government’s motivation to interact with foreign party has always been triggered by the direct or indirect needs of such State or Government. It can be based on plenty of reasons such as expansion, trade, inexpensive human resources, negotiation, or investment reason and so forth. In many interests, State has acted or functioned as an intermediary. Following the colonization period, each State’s interaction will be based on ...


Tindak Pidana Pencucian Uang, Yunus Husein 2021 Universitas Indonesia

Tindak Pidana Pencucian Uang, Yunus Husein

Indonesian Journal of International Law

Money laundering is considered as a transnational organized crime. The logic of elimination money laundering is to omit the criminal’s motivation to enjoy their proceed of crime. The efforts to eliminate money laundering is much related to the issues of national jurisdiction. Thus, it requires international cooperation among countries, where international law is needed. Eventhough there is still no specific convention about money laundering, but regulation about money laundering is partially arranged in some conventions such as Vienna Convention 1988 and in UN Convention on Transnational Organized Crimes 2000. Indonesia has enacted a regulation is amended by UU No ...


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