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The International Tax Environment And Simplification Of South African Tax Legislation: A Double-Edged Sword, Jinyan Li, Teresa Pidduck 2019 Osgoode Hall Law School of York University

The International Tax Environment And Simplification Of South African Tax Legislation: A Double-Edged Sword, Jinyan Li, Teresa Pidduck

Articles & Book Chapters

In this paper, we examine the relationship between the international tax environment and legislative complexity in South Africa’s international tax system. We suggest that the international tax environment is a double-edged sword. It causes complexity in South Africa’s tax legislation as it largely responds to the needs of OECD countries and produces tax rules to deal with ‘sophisticated’ tax problems and taxpayers (such as multinational enterprises). When such rules are transplanted into South Africa, they are typically more complex than local rules dealing with local taxpayers. On the other hand, the international tax environment offers ideas for ‘scientific ...


Private International Law As An Ethic Of Responsivity, Ralf Michaels 2019 Duke Law School

Private International Law As An Ethic Of Responsivity, Ralf Michaels

Faculty Scholarship

The world is a mess. Populism, xenophobia, and islamophobia; misogyny and racism; the closing of borders against the neediest—the existential crisis of modernity calls for a firm response from ethics. Why, instead of engaging with these problems through traditional ethics, worry about private international law, that most technical of technical fields of law? My claim in this chapter: not despite, because of its technical character. Private international law provides such an ethic, an ethic of responsivity. It provides us with a technique of ethics, a technique that helps us conceptualise and address some of the most pressing issues of ...


Book (Oup) - Proportionality Balancing And Constitutional Governance - Chapter 6.Pdf, Alec Stone Sweet 2018 Yale Law School

Book (Oup) - Proportionality Balancing And Constitutional Governance - Chapter 6.Pdf, Alec Stone Sweet

Alec Stone Sweet

No abstract provided.


Book (Oup) - Proportionality Balancing And Constitutional Governance - Chapter 2.Pdf, Alec Stone Sweet 2018 Yale Law School

Book (Oup) - Proportionality Balancing And Constitutional Governance - Chapter 2.Pdf, Alec Stone Sweet

Alec Stone Sweet

No abstract provided.


The Regime Of Innocent Passage In Disputed Waters, Hitoshi Nasu 2018 University of Exeter

The Regime Of Innocent Passage In Disputed Waters, Hitoshi Nasu

International Law Studies

The regime of innocent passage is a well-established body of customary international law. However, when there is a dispute over sovereign entitlement to a territorial sea or its outer limit, the applicability and legal effect of the regime are brought into question. This article considers the applicability of the regime of innocent passage and its legal effect in disputed waters by critically examining the relevant jurisprudence of international courts and tribunals that have dealt with territorial and maritime disputes. The efficacy of the findings from this analysis will then be evaluated from a legal policy perspective in the interest of ...


International Humanitarian Law And The Targeting Of Data, Tim McCormack 2018 University of Tasmania

International Humanitarian Law And The Targeting Of Data, Tim Mccormack

International Law Studies

The 2013 publication of the Tallinn Manual on the International Law Applicable to Cyber Warfare confirmed the view of the majority of the international group of experts that data was not an object and therefore not subject to the rules of targeting during an armed conflict. Intuitively, a number of scholars reacted negatively to this view, and instead were drawn to the Tallinn Manual minority position that data did constitute an object. The significance of data, particularly personal data, is only increasing, and the purpose of the law of armed conflict is to reduce the deleterious impact of armed conflict ...


$314m And Sovereign Immunity Are At Stake In Upcoming High Court Case, Peter B. Rutledge, Amanda W. Newton 2018 University of Georgia Law School

$314m And Sovereign Immunity Are At Stake In Upcoming High Court Case, Peter B. Rutledge, Amanda W. Newton

Popular Media

The Nov. 7 Supreme Court arguments in Republic of Sudan v. Harrison will implicate issues of civil procedure, sovereign immunity, and statutory interpretation. At stake for the Republic of Sudan is $314 million in Sudanese assets. More broadly, however, the court’s decision could have ramifications for any nation, including the United States, that enjoys sovereign immunity.


Energy Justice: Us And International Perspectives, Carmen G. Gonzalez, Elizabeth A. Kronk Warner, Raya C. Salter 2018 Seattle University

Energy Justice: Us And International Perspectives, Carmen G. Gonzalez, Elizabeth A. Kronk Warner, Raya C. Salter

Carmen G. Gonzalez


Energy Justice: US and International Perspectives is a pioneering analysis of energy law and policy through the framework of energy justice. While climate change has triggered unprecedented investment in renewable energy, the concept of energy justice and its practical application to energy law and policy remain under-theorized. This volume breaks new ground by examining a range of energy justice regulatory challenges from the perspective of international law, US law, and foreign domestic law. The book illuminates the theory of energy justice while emphasizing practical solutions that hasten the transition from fossil fuels and address the inequities that plague energy systems ...


U.N. Sovereign Immunity: Using The Haitian Experience To Transition From Absolute To Qualified Immunity, Brianna Sainte 2018 University of Miami Law School

U.N. Sovereign Immunity: Using The Haitian Experience To Transition From Absolute To Qualified Immunity, Brianna Sainte

University of Miami Law Review

The United Nations (“U.N.”) has been looked at globally and historically as an international organization that has given aid to millions of people in the hopes of promoting peace and reducing human rights violations. It is no surprise then that many countries have welcomed U.N. troops with open arms in the hopes of stabilizing communities. However, instead of receiving aid, imagine receiving a deadly disease. Imagine having the nearby river that has been your only source of water for drinking, laundry, and bathing for decades turned into a waste dump. It is from that river turned waste dump ...


Finally Freed Or Infinitely Detained? The Need For A Clear Standard Of Finality For Reinstated Orders Of Removal, John Gavin 2018 Boston College Law School

Finally Freed Or Infinitely Detained? The Need For A Clear Standard Of Finality For Reinstated Orders Of Removal, John Gavin

Boston College Law Review

Circuits are currently split as to whether reinstated orders of removal are final orders of removal. The resolution of this circuit split and related legislative ambiguity has far-reaching implications for the rights of the 150,000 or more unauthorized immigrants who enter the United States each year. Reinstated orders of removal are a means by which the United States government can more rapidly deport individuals who reenter the country after having been previously deported. On July 29, 2016, in Guerra v. Shanahan, the United States Court of Appeals for the Second Circuit declared that reinstated orders of removal are not ...


Freedom Of Research And The Right To Science: From Theory To Advocacy, Andrea Boggio, Romano P.R. Cesare 2018 Bryant University

Freedom Of Research And The Right To Science: From Theory To Advocacy, Andrea Boggio, Romano P.R. Cesare

History and Social Sciences Faculty Journal Articles

While international law recognizes a human right to science, the binding normative content of this right needs to be better clarified and specified. To advance our understanding of this understudied right, this chapter offers a theoretical analysis of ways in which the right to science can be realized. The chapter is divided in three sections: the first section discusses the recognition of the right to science under international and regional legal instruments; the second presents a literature review; and the third discusses how judicial and political mobilisation as paths to contribute to our understating of this right and defining its ...


Taxonomy Of Minority Governments, Lisa La Fornara 2018 Maurer School of Law: Indiana University

Taxonomy Of Minority Governments, Lisa La Fornara

Indiana Journal of Constitutional Design

A minority government in its most basic form is a government in which the party holding the most parliamentary seats still has fewer than half the seats in parliament and therefore cannot pass legislation or advance policy without support from unaffiliated parties. Because seats in minority parliaments are more evenly distributed amongst multiple parties, opposition parties have greater opportunity to block legislation. A minority government must therefore negotiate with external parties and adjust its policies to garner the majority of votes required to advance its initiatives.

This paper serves as a taxonomy of minority governments in recent history and proceeds ...


We Are All Farkhunda: An Examination Of The Treatment Of Women Within Afghanistan's Formal Legal System, Ashley Lenderman 2018 Indiana University Maurer School of Law

We Are All Farkhunda: An Examination Of The Treatment Of Women Within Afghanistan's Formal Legal System, Ashley Lenderman

Indiana Journal of Constitutional Design

In this paper, I will examine three cases of violence against women that went through the Afghan formal legal system: the case of Farkhunda, the Paghman district gang rape case, and the case of Sahar Gul. In the first Part, I will discuss the formal legal system framework on which the cases are based. In the second Part, I will discuss the cases in detail. In the third Part, I will describe neo-liberal, reformist, and neo-fundamentalist approaches to interpretation of Islamic law, and I will then draw out pieces of the decisions from the three cases that closely match these ...


Cracking Down On Cages: Feminist And Prison Abolitionist Considerations For Litigating Solitary Confinement In Canada, Winnie Phillips-Osei 2018 Western University

Cracking Down On Cages: Feminist And Prison Abolitionist Considerations For Litigating Solitary Confinement In Canada, Winnie Phillips-Osei

Master of Laws Research Papers Repository

Guided by prison abolition ethic and intersectional feminism, my key argument is that Charter section 15 is the ideal means of eradicating solitary confinement and its adverse impact on women who are Aboriginal, racialized, mentally ill, or immigration detainees. I utilize a provincial superior court’s failing in exploring a discrimination analysis concerning Aboriginal women, to illustrate my key argument. However, because of the piecemeal fashion in which courts can effect developments in the law, the abolition of solitary confinement may very well occur through a series of ‘little wins’. In Chapter 11, I provide a constitutional analysis, arguing that ...


Friends Of Animals V. United States Fish & Wildlife Service, Bradley E. Tinker 2018 Alexander Blewett III School of Law at the University of Montana

Friends Of Animals V. United States Fish & Wildlife Service, Bradley E. Tinker

Public Land & Resources Law Review

In Friends of Animals v. United States Fish & Wildlife Service, the Ninth Circuit held that the plain language of the Migratory Bird Treaty Act allows for the removal of one species of bird to benefit another species. Friends of Animals argued that the Service’s experiment permitting the taking of one species––the barred owl––to advance the conservation of a different species––the northern spotted owl––violated the Migratory Bird Treaty Act. The court, however, found that the Act delegates broad implementing discretion to the Secretary of the Interior, and neither the Act nor the underlying international conventions limit ...


Legislative Foundation Of The United States' New International Tax System, Joshua D. Harms 2018 Seattle University School of Law

Legislative Foundation Of The United States' New International Tax System, Joshua D. Harms

Seattle University Law Review

This Note begins with commentary on the United States’ former worldwide system of taxation. This system taxed multinational corporations’ offshore profits at the applicable domestic income tax rate less credits for taxes paid to foreign governments. This tax regime provided for the deferral of income tax due on the profits of multinational corporations’ overseas operations until the time of repatriation. This Note considers the issues inherent in this system and analyzes the repatriation tax holiday under the American Jobs Creation Act of 2004. This holiday has been unanimously criticized by both sides of the political aisle and led to large ...


Voila! Taking The Judge Out Of Divorce, Margaret Ryznar, Angélique Devaux 2018 Seattle University School of Law

Voila! Taking The Judge Out Of Divorce, Margaret Ryznar, Angélique Devaux

Seattle University Law Review

This Article examines the possibility of non-judicial divorce in the United States based on the French model. Part I begins by examining the recognition of divorce by agreement of the parties in France. Part II analyzes the judicial role in American divorces, and whether it bars either domestic non-judicial divorce or recognition of foreign non-judicial divorce. Part III undertakes a comparative analysis, concluding that the United States may be amenable to non-judicial divorces that occur not only abroad but, eventually, within its own borders.


Contemporary Practice Of The United States Relating To International Law (112:4 Am J Int'l L), Jean Galbraith 2018 University of Pennsylvania Law School

Contemporary Practice Of The United States Relating To International Law (112:4 Am J Int'l L), Jean Galbraith

Faculty Scholarship at Penn Law

This article is reproduced with permission from the October 2018 issue of the American Journal of International Law © 2018 American Society of International Law. All rights reserved.


Book Review: Prosecuting Corporations For Genocide, Sarah Federman 2018 University of Baltimore

Book Review: Prosecuting Corporations For Genocide, Sarah Federman

Genocide Studies and Prevention: An International Journal

No abstract provided.


Nineteen Minutes Of Horror: Insights From The Scorpions Execution Video, Iva Vukušić 2018 Utrecht University

Nineteen Minutes Of Horror: Insights From The Scorpions Execution Video, Iva Vukušić

Genocide Studies and Prevention: An International Journal

After the fall of Srebrenica in summer of 1995, the Scorpions unit, dispatched to support the Bosnian Serb Army as it took over the enclave, shot six men in Trnovo. The men, three of whom were underage, were some of thousands of Bosnian Muslims that fell into the hands of Bosnian Serb troops, and that were executed in the days and weeks following July 11th. A member of the unit filmed the execution. Fragments of the video were first shown during the Slobodan Milosevic trial, and multiple times in the years after, in the courtrooms in The Hague and Belgrade ...


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