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4,334 full-text articles. Page 3 of 107.

The Case Against Third-Party Funding In Isds: Executive Summary, Frank J. Garcia, Hyun Ju Cho, Tara Santosuosso, Randall Scarlett, Rachel Denae Thrasher 2018 Boston College Law School

The Case Against Third-Party Funding In Isds: Executive Summary, Frank J. Garcia, Hyun Ju Cho, Tara Santosuosso, Randall Scarlett, Rachel Denae Thrasher

Boston College Law School Faculty Papers

No abstract provided.


Third-Party Funding In Investment Arbitration: Misappropriation Of Access To Justice Rhetoric By Global Speculative Finance, Tara Santosuosso, Randall Scarlett 2018 Boston College Law School

Third-Party Funding In Investment Arbitration: Misappropriation Of Access To Justice Rhetoric By Global Speculative Finance, Tara Santosuosso, Randall Scarlett

Law and Justice in the Americas Working Paper Series

The United Nations Commission on International Trade Law (UNCITRAL) is considering changes to its rules governing international arbitration proceedings. UNCITRAL Working Group III is analyzing possible reforms of the arbitral rules to address the risks associated with the increased prevalence of third-party funded investment arbitration claims. Funders claim that existing regulation is sufficient, arguing in part that funding provides access to justice for impecunious claimants who otherwise would be unable to bring claims. This essay argues that funders’ access to justice reasoning is flawed at best and dangerously misleading at worst. UNCITRAL must take immediate action to address the potential ...


The Regulation Of Third Party Funding: Gathering Data For Future Analysis And Reform, Rachel Denae Thrasher 2018 Global Development Policy Center, Boston University Frederick S. Pardee School of Global Studies

The Regulation Of Third Party Funding: Gathering Data For Future Analysis And Reform, Rachel Denae Thrasher

Law and Justice in the Americas Working Paper Series

No abstract provided.


Third-Party Funding As Exploitation Of The Investment Treaty System, Frank J. Garcia 2018 Boston College Law School

Third-Party Funding As Exploitation Of The Investment Treaty System, Frank J. Garcia

Boston College Law School Faculty Papers

Third-party funding of international investment arbitration is on the rise. Through TPF funders will cover the legal fees of investors filing claims under investment treaties in exchange for a portion of the arbitral award. Proponents of third-party funding claim that it provides access to justice for parties that normally would not have the funds to arbitrate against state actors. Given that the international investment law that governs these claims is unbalanced, and that funding only flows towards investor-claimants, and at the expense of states and their taxpayers, allowing third-party funding in investment arbitration risks creating unjustifiable wealth transfers from the ...


The Environment And Nafta Policy Debate Redux: Separating Rhetoric From Reality, Linda J. Allen PhD 2018 College of William & Mary Law School

The Environment And Nafta Policy Debate Redux: Separating Rhetoric From Reality, Linda J. Allen Phd

William & Mary Environmental Law and Policy Review

No abstract provided.


Does The United States Still Care About Complying With Its Wto Obligations?, Reuven S. Avi-Yonah 2018 University of Michigan Law School

Does The United States Still Care About Complying With Its Wto Obligations?, Reuven S. Avi-Yonah

Articles

The Tax Cuts and Jobs Act of 2017 (“TCJA”) contains a provision that on its face appears to be a blatant violation of the WTO’s Subsidies and Countervailing Measures (SCM) rules. New IRC section 250 applies a reduced 13.125% tax rate to “foreign derived intangible income” (FDII), which is defined as income derived in connection with (1) property that is sold by the taxpayer to any foreign person for a foreign use or (2) services to any foreign person or with respect to foreign property. In other words, this category comprises exports for property and services, including royalties ...


Concluding Remarks, Leo M. Romero 2018 University of New Mexico

Concluding Remarks, Leo M. Romero

Leo Romero

No abstract provided.


Procedures For Investigating And Prosecuting White Collar Crime, Leo M. Romero 2018 University of New Mexico

Procedures For Investigating And Prosecuting White Collar Crime, Leo M. Romero

Leo Romero

No abstract provided.


The Applicability Of Economic Sanctions To The Merits In International Arbitration Proceedings: With A Focus On The Dynamics Between Public International Law Principles, Private International Law Rules And International Arbitration Theories, Taejoon Ahn 2018 Pepperdine University

The Applicability Of Economic Sanctions To The Merits In International Arbitration Proceedings: With A Focus On The Dynamics Between Public International Law Principles, Private International Law Rules And International Arbitration Theories, Taejoon Ahn

Pepperdine Dispute Resolution Law Journal

No abstract provided.


Consumer Arbitrations In The European Union, Andreas von Goldbeck 2018 Pepperdine University

Consumer Arbitrations In The European Union, Andreas Von Goldbeck

Pepperdine Dispute Resolution Law Journal

The main argument of this paper is that the law should generally enforce pre-dispute consumer arbitration clauses. If the consumer is given a choice between litigation and arbitration at the time of contracting and she chooses arbitration, that choice should generally be enforceable, provided appropriate safeguards are in place guaranteeing access to justice. Consumer protection comes at a cost, which the consumer ultimately pays in the price of the product or service purchased: assuming arbitration is the more cost-efficient dispute-resolution mechanism, consumers choosing arbitration would, in theory, pay a lower price than those choosing litigation. The blanket hostility towards pre-dispute ...


Keep Calm And Negotiate On: The United Kingdom’S Withdrawal From The European Union And Suggestions For A Smooth Departure, Aryanah Yasmine Eghbal 2018 Pepperdine University

Keep Calm And Negotiate On: The United Kingdom’S Withdrawal From The European Union And Suggestions For A Smooth Departure, Aryanah Yasmine Eghbal

Pepperdine Dispute Resolution Law Journal

This article will attempt to both examine the ramifications of the UK’s decision to leave the EU, as well as determine a path to begin the process of renegotiating trade deals with the EU and other countries throughout the world. Part I will begin by providing a brief historical overview of the formation of the EU and a focus on how and when the UK joined the EU. Part II will present the stages of leaving the EU, specifically introducing Article 50 and how it is used. Part III will provide an understanding of what trade deals are, how ...


China’S Artificial Island Building Campaign In The South China Sea: Implications For The Reform Of The United Nations Convention On The Law Of The Sea, Adam W. Kohl 2018 Penn State Dickinson Law

China’S Artificial Island Building Campaign In The South China Sea: Implications For The Reform Of The United Nations Convention On The Law Of The Sea, Adam W. Kohl

Dickinson Law Review

This Comment discusses the United Nations Convention on the Law of the Sea (UNCLOS) with reference to artificial island building in the South China Sea. China recently began an artificial island building campaign in the Spratly Island chain, which is located in the South China Sea. These artificial islands have been the subject of, and have created implications regarding, territorial disputes in the area.

UNCLOS governs international law in the context of disputes among states on the high seas. UNCLOS does have provisions that address artificial island construction and maintenance, but it mistakenly assumes that states will only construct artificial ...


Globalization, Inequality & International Economic Law, Frank J. Garcia 2018 Boston College Law School

Globalization, Inequality & International Economic Law, Frank J. Garcia

Frank J. Garcia

International law in general, and international economic law in particular, to the extent that either has focused on the issue of inequality, has done so in terms of inequality between states. Largely overlooked has been the topic of inequality within states and how international law has influenced that reality. From the perspective of international economic law, the inequality issue is closely entwined with the topics of colonialism and post-colonialism, the proper meaning of development, and globalization. While international economic law has undoubtedly contributed to the rise of inequality, it is now vital that the subject of international economic law be ...


Climate Change Is Killing Coffee: How The Paris Climate Agreement Does Not Go Far Enough, Kevin Gebhart 2018 Maurice A. Deane School of Law at Hofstra University

Climate Change Is Killing Coffee: How The Paris Climate Agreement Does Not Go Far Enough, Kevin Gebhart

Journal of International Business and Law

No abstract provided.


Settling Direct Disputes With Sovereigns: Striving For Transparency In The Settlement Of Public-Private Partnership Disputes, Joao Ribeiro-Bidaoui, Tony Andriotis, Soo-Hyun Lee, Jean-Isamu Taguchi 2018 Maurice A. Deane School of Law at Hofstra University

Settling Direct Disputes With Sovereigns: Striving For Transparency In The Settlement Of Public-Private Partnership Disputes, Joao Ribeiro-Bidaoui, Tony Andriotis, Soo-Hyun Lee, Jean-Isamu Taguchi

Journal of International Business and Law

No abstract provided.


"The True Cost Of Selling Your Organs On Egypt's Illegal Black Market", Kimberly Wilkens 2018 Maurice A. Deane School of Law at Hofstra University

"The True Cost Of Selling Your Organs On Egypt's Illegal Black Market", Kimberly Wilkens

Journal of International Business and Law

No abstract provided.


A European Perspective On The Liability Of Credit Rating Agencies, Jan De Bruyne 2018 Maurice A. Deane School of Law at Hofstra University

A European Perspective On The Liability Of Credit Rating Agencies, Jan De Bruyne

Journal of International Business and Law

No abstract provided.


Global Climate Change: An Issue That Mandates Government Or Corporate Social Responsibility, Laura Stoss 2018 Maurice A. Deane School of Law at Hofstra University

Global Climate Change: An Issue That Mandates Government Or Corporate Social Responsibility, Laura Stoss

Journal of International Business and Law

No abstract provided.


The Affirmative Legal Duties Of Corporations In The Current Syrian Refugee Crisis In Europe: A Call For The Adoption Of A European Multinational Corporate Code Of Conduct, Kaitlin Silletti 2018 Maurice A. Deane School of Law at Hofstra University

The Affirmative Legal Duties Of Corporations In The Current Syrian Refugee Crisis In Europe: A Call For The Adoption Of A European Multinational Corporate Code Of Conduct, Kaitlin Silletti

Journal of International Business and Law

No abstract provided.


The Breakdown Of International Treaties, Jide Nzelibe 2018 Northwestern Pritzker School of Law

The Breakdown Of International Treaties, Jide Nzelibe

Notre Dame Law Review

“[A] cause seldom triumphs unless somebody’s personal interest is bound up with it.” In the past few years, we have witnessed a rise in antiglobalization sentiment in which certain treaties have succumbed to domestic political backlash. But why are particular treaties susceptible to breakdown while others tend to be more resilient? Paradoxically, this Article argues that the fragility of treaties follows a peculiar logic: treaties are most vulnerable to breakdown or withdrawal if they were originally negotiated in the absence of social conflict among domestic groups. The reason is that, having been negotiated and ratified with hardly any political ...


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