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Never For-Gatt: What Recent Tbt Decisions Reveal About The Appellate Body’S Analysis Of Environmental Regulation Under The Wto Agreements, Ravi Soopramanien 2017 American University Washington College of Law

Never For-Gatt: What Recent Tbt Decisions Reveal About The Appellate Body’S Analysis Of Environmental Regulation Under The Wto Agreements, Ravi Soopramanien

Sustainable Development Law & Policy

Few environmentalists have positive things to say on the impact of the World Trade Organization (WTO) on the environment. WTO legal obligations are frequently cited as the most significant impediment to a range of environmental initiatives, including notably meaningful international coordination to combat climate change, particularly through carbon tax initiatives, and imposition of electronic waste disposal export bans. In this vein, adverse findings of WTO dispute panels on environmental conservation measures tend to attract the ire of international civil society. The tensions between liberal trade and environmental protection can be traced back to the days of the General Agreement on ...


About Sdlp, 2017 American University Washington College of Law

About Sdlp

Sustainable Development Law & Policy

No abstract provided.


Editor's Note, Ryan Schmidt, Kimberly Reynolds 2017 American University Washington College of Law

Editor's Note, Ryan Schmidt, Kimberly Reynolds

Sustainable Development Law & Policy

No abstract provided.


The Law Of The Seas: A Barrier To Implementation Of Sustainable Development Goal 14, Alexi Nathan 2017 American University Washington College of Law

The Law Of The Seas: A Barrier To Implementation Of Sustainable Development Goal 14, Alexi Nathan

Sustainable Development Law & Policy

No abstract provided.


The Key To Engaging With The Sdgs: Utilizing Rio Principle 10 To Succeessfully Implement The U.N. Sustainable Development Goals, Taís Ludwig 2017 American University Washington College of Law

The Key To Engaging With The Sdgs: Utilizing Rio Principle 10 To Succeessfully Implement The U.N. Sustainable Development Goals, Taís Ludwig

Sustainable Development Law & Policy

No abstract provided.


Lofty Goals In Dire Times: South Sudan's Obstacles To Achieving The New Sdgs, Harjot Dhillon 2017 American University Washington College of Law

Lofty Goals In Dire Times: South Sudan's Obstacles To Achieving The New Sdgs, Harjot Dhillon

Sustainable Development Law & Policy

No abstract provided.


Developing An International Carbon Tax Regime, Steven Specht 2017 American University Washington College of Law

Developing An International Carbon Tax Regime, Steven Specht

Sustainable Development Law & Policy

No abstract provided.


A North-South Struggle: Political And Economic Obstacles To Sustainable Development, Imrana Iqbal, Charles Pierson 2017 American University Washington College of Law

A North-South Struggle: Political And Economic Obstacles To Sustainable Development, Imrana Iqbal, Charles Pierson

Sustainable Development Law & Policy

No abstract provided.


Lodging The Sustainable Development Goals In The International Trade Regime: From Trade Rhetoric To Trade Plethoric, Nasser Alreshaid 2017 American University Washington College of Law

Lodging The Sustainable Development Goals In The International Trade Regime: From Trade Rhetoric To Trade Plethoric, Nasser Alreshaid

Sustainable Development Law & Policy

No abstract provided.


About Sdlp, 2017 American University Washington College of Law

About Sdlp

Sustainable Development Law & Policy

No abstract provided.


Editor's Note, Caitlin Buchanan 2017 American University Washington College of Law

Editor's Note, Caitlin Buchanan

Sustainable Development Law & Policy

No abstract provided.


The Impact Of Mandated Corporate Social Responsibility: Evidence From India’S Companies Act Of 2013, Dhammika Dharmapala, Vikramaditya Khanna 2017 University of Chicago Law School

The Impact Of Mandated Corporate Social Responsibility: Evidence From India’S Companies Act Of 2013, Dhammika Dharmapala, Vikramaditya Khanna

Law & Economics Working Papers

Firms’ Corporate Social Responsibility (CSR) activity has become the subject of a large literature in recent years. This paper analyzes CSR activity using quasi-experimental variation created by Section 135 of India’s Companies Act of 2013, which requires (on a “comply-or-explain” basis) that firms satisfying specific size or profit thresholds spend a minimum of 2% of their net profit on CSR. We examine effects along a number of different dimensions including firm value, CSR spending, and other outcomes, as well as exploring broader theoretical implications. Our analysis uses financial statement and stock price data on Indian firms from the Prowess ...


China And The Future Of The International Tax Regime, Reuven S. Avi-Yonah, Haiyan Xu 2017 University of Michigan Law School

China And The Future Of The International Tax Regime, Reuven S. Avi-Yonah, Haiyan Xu

Law & Economics Working Papers

The International tax regime (ITR) has been transformed after the Great Recession of 2008-2009. The G20/Organization for Economic Cooperation and Development (OECD)’s Base Erosion and Profit Shifting (BEPS) project (2013-2015) has fundamentally changed the ITR, giving new life to the single tax principle (income should be taxed once, i.e. no double taxation and no double non taxation).

Reaction to BEPS has varied dramatically between the EU and the US, the two largest markets in the world. In the EU BEPS is taken very seriously, as shown for example by the new Anti Tax Avoidance Directives that implement ...


The Law Of The Sea Convention And Sea Level Rise After The South China Sea Arbitration, Stuart Kaye 2017 Australian National Centre for Ocean Resources and Security, University of Wollongong.

The Law Of The Sea Convention And Sea Level Rise After The South China Sea Arbitration, Stuart Kaye

International Law Studies

Sea level rise from anthropogenic climate change is an increasing concern for the international community and especially for coastal States. The prospect of whole islands disappearing under rising waters raises serious questions as to the impact upon maritime jurisdiction and the ability of the United Nations Convention on the Law of the Sea to deal with the inundation of large areas of territory. The South China Sea Arbitration Tribunal recently considered these questions. Here, the Tribunal relied on a high standard for what constituted human habitability under Article 121 of the Law of the Sea Convention, which likely will have ...


Boumediene V. Bush: Flashpoint In The Ongoing Struggle To Determine The Rights Of Guantanamo Detainees, Michael J. Anderson 2017 University of Maine School of Law

Boumediene V. Bush: Flashpoint In The Ongoing Struggle To Determine The Rights Of Guantanamo Detainees, Michael J. Anderson

Maine Law Review

Following the harrowing events of September 11, 2001, and pursuant to the Authorization for Use of Military Force (AUMF) passed soon thereafter by Congress, the United States Armed Forces began capturing and detaining individuals at the Naval Air Base in Guantanamo Bay, Cuba. The choice of where to house these detainees was not random. Internal memoranda from the Justice Department reveal that the Naval Base was selected as a means of avoiding any legal entanglements that might ensue from such imprisonment. What resulted was what some commentators have called a “legal black hole” at Guantanamo, a place where any individual ...


African Lawyers Harness Human Rights To Face Down Global Poverty, Lucie E. White 2017 University of Maine School of Law

African Lawyers Harness Human Rights To Face Down Global Poverty, Lucie E. White

Maine Law Review

This is an exciting time in Africa. Yes, of course it is true that the rise of fundamentalist political movements, armed conflict, epidemic diseases, and extreme poverty will challenge the continent for decades to come. I don’t need to tell you that. Yet at the same time, we are witness to what many call an “African Renaissance.” In many domains, including the arts, civil society, social provision, and democratic governance, African nations are beginning to take their place in a newly configured globe. One of these domains of energy, innovation, and hope is a new human rights movement. This ...


Legal Formalism Meets Policy-Oriented Jurisprudence: A More European Approach To Frame The War On Terror, Julien Cantegreil 2017 University of Maine School of Law

Legal Formalism Meets Policy-Oriented Jurisprudence: A More European Approach To Frame The War On Terror, Julien Cantegreil

Maine Law Review

Myres S. McDougal, the leader of the New Haven School of International Law (NHSIL), advanced a comprehensive and iconoclastic conception of international law and its goals, one whose continuing influence is well-known today: a visceral rule-skepticism that even his least fervent disciples would never renounce. McDougal’s conception of international law and its goals is fundamentally different from the normativist view of Hans Kelsen, which has been and continues to be enormously influential throughout continental Europe, particularly in France. In the portion of his 1953 course at The Hague Academy of International Law devoted to Kelsen’s canonical Legal Technique ...


The Role Of Public Interest Groups In Nation-Building: A Maine Lawyer's Experience In Mongolia, Richard A. Spencer 2017 University of Maine School of Law

The Role Of Public Interest Groups In Nation-Building: A Maine Lawyer's Experience In Mongolia, Richard A. Spencer

Maine Law Review

In 2006, I spent three months in Ulaanbaatar, Mongolia working as an environmental lawyer with a small Mongolian human rights group called the Center for Human Rights and Development (CHRD). CHRD was working to stop human trafficking, promote human rights, and protect the environment in the face of extreme poverty, government secrecy, corruption, and a post-Soviet government dominated by former members of the Communist party. During my time assisting the staff at CHRD, I felt I could hear the voice of James Madison echoing through the centuries and across the globe. In The Federalist No. 10, Madison suggested that the ...


Volunteer Lawyers And Nation-Building: Using Experience To Serve The World Community, Jean C. Berman 2017 University of Maine School of Law

Volunteer Lawyers And Nation-Building: Using Experience To Serve The World Community, Jean C. Berman

Maine Law Review

It is with great pride that I note the participation of four International Senior Lawyers Project (ISLP) volunteers in this Symposium of the Maine Law Review. These highly accomplished lawyers, three of whom are from Maine and one from Canada, demonstrate perfectly the premises on which ISLP was founded: first, that the skills and experience of senior-level lawyers from the United States and elsewhere can be of great value to emerging democracies, social justice activists, and nations struggling to overcome poverty; and second, that there is a burgeoning pool of such lawyers, both retired and in active practice, who are ...


The Role Of A Banking System In Nation-Building, John L. Douglas 2017 University of Maine School of Law

The Role Of A Banking System In Nation-Building, John L. Douglas

Maine Law Review

It seems strange to have a discussion of nation-building devoted to the importance of a banking system. After all, when we think of nations, we think of constitutions, borders, and functioning governments. When we think of failed nations, we think of a lack of effective government, a loss of control over society, and a breakdown in law and order. Banks hardly figure into that discussion at all. Indeed, in our society, while banks play an important role, they usually reside quietly in the background. Many of us never set foot in a bank. Our paychecks may be deposited in a ...


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