African Judicial Review, The Use Of Comparative African Jurisprudence, And The Judicialization Of Politics, 2018 Concordia University School of Law
African Judicial Review, The Use Of Comparative African Jurisprudence, And The Judicialization Of Politics, Joseph M. Isanga
Joseph Isanga
This Article examines African constitutional courts’ jurisprudence—that is, jurisprudence of courts that exercise judicial review—and demonstrates the increasing role of sub-Saharan Africa’s constitutional courts in the development of policy, a phenomenon commonly referred to as 'judicialization of politics' or a country’s 'judicialization project.' This Article explores the jurisprudence of constitutional courts in select African countries and specifically focuses on the promotion of democracy, respect for human rights, and the rule of law, and presupposes that although judges often take a positivist approach to adjudication, they do impact policy nevertheless. The use of judicial review in Africa has been painfully slow, …
Mulieris Dignitatem, Ephesians 5, And Domestic Violence, 2018 Concordia University School of Law
Mulieris Dignitatem, Ephesians 5, And Domestic Violence, Joseph M. Isanga
Joseph Isanga
This Article considers the contribution of Pope John Paul II’s apostolic letter On the Dignity and Vocation of Women to the deeper understanding of women’s dignity as it relates to the process of articulating and rearticulating international women’s rights, with particular attention on domestic violence.2 This letter, Mulieris Dignitatem, brings together some of the Catholic Church’s most important teachings on gender equality. This Article delineates norms articulated in Mulieris Dignitatem that can inform international standards regarding the protection of women from domestic violence. To date there are no legally binding global human rights instruments that explicitly recognize the right to …
Kadhi's Courts And Kenya's Constitution: An International Human Rights Perspective, 2018 Concordia University School of Law
Kadhi's Courts And Kenya's Constitution: An International Human Rights Perspective, Joseph M. Isanga
Joseph Isanga
This article examines Kenya's international human rights obligations and finds that there is support for religious courts, provided relevant human rights guarantees are ensured. Kenya's Kadhi's courts have existed in the constitution since independence from the British. So why do some religious groups now oppose them or their enhancement under Kenya's Constitution? Opponents of Kadhi's courts advance, inter aha, the following arguments. First, Kadhi's courts provisions favour one religion and divide Kenyans along religious lines. Second, they introduce Sharia law. Third, the historical reasons for their existence have been overtaken by events. Fourth, non-Muslims shouldn't be taxed to fund a …
Foundations Of Human Rights And Development: A Critique Of African Human Rights Instruments, 2018 Concordia University School of Law
Foundations Of Human Rights And Development: A Critique Of African Human Rights Instruments, Joseph M. Isanga
Joseph Isanga
This Article argues that, of the contemporary human rights theories, sustainable African development necessitates grounding human rights in complete alignment with the broader perspective of natural law theory, as opposed to narrower perspectives such as utilitarian, positivist, and kindred theories.3 Part I presents pertinent philosophical theories and modes of analysis in conjunction with general international legal jurisprudence. Part II then uses this philosophical analysis to examine specific African human rights instruments and jurisprudence. Part III considers African traditional human rights conceptions. Part IV recommends a natural law foundation for African development. [excerpt]
Governing Land Investments: Do Governments Have Legal Support Gaps?, 2018 Columbia Law School, Columbia Center on Sustainable Investment
Governing Land Investments: Do Governments Have Legal Support Gaps?, Sam Szoke-Burke, Kaitlin Y. Cordes
Columbia Center on Sustainable Investment Staff Publications
In the wave of efforts to encourage and support more “responsible” land investments, one aspect has been largely overlooked: are governments equipped with the legal and technical support needed to effectively negotiate and conclude investment contracts that lead to responsible outcomes?
CCSI researched how host governments access legal support in the planning, negotiation, and monitoring of land investments, with a view to better understanding where legal support gaps for governments exist, and how these can be addressed by governments themselves, as well as by donors, support providers and investors.
By scrutinizing “legal support gaps,” CCSI sought to identify possible weak …
Costs And Benefits Of Investment Treaties: Practical Considerations For States, 2018 Columbia Law School, Columbia Center on Sustainable Investment
Costs And Benefits Of Investment Treaties: Practical Considerations For States, Lise Johnson, Jesse Coleman, Brooke Guven, Lisa E. Sachs
Columbia Center on Sustainable Investment Staff Publications
This paper analyzes the expected benefits of investment treaties, including: increased inward investment, increased outward investment, and depoliticization of investment disputes. It then considers evidence of the costs of investment treaties, including: litigation, liability, reputational cost, reduced policy space, distorted power dynamics, reduced role for domestic law-making, and uncertainty in the law. The authors set forth practical steps that states can take relating to both existing treaties as well as future treaties with an objective of increasing desired benefits and decreasing unexpected and high costs of investment treaties.
Tax Compliance In A Decentralizing Economy, 2018 University of California Hastings College of Law
Tax Compliance In A Decentralizing Economy, Manoj Viswanathan
Georgia State University Law Review
Tax compliance in the United States has long relied on information from centralized intermediaries—the financial institutions,employers, and brokers that help ensure income is reported and taxes are paid. Yet while the IRS remains tied to these centralized entities,consumers and businesses are not. New technologies, such as sharing economy platforms (companies such as Airbnb, Uber, and Instacart)and the blockchain (the platform on which various cryptocurrencies are based) are providing new, decentralized options for exchanging goods and services.
Without legislative and agency intervention, these technologies pose a critical threat to the reporting system underlying domestic and international tax compliance. Until now, legal …
Private International Law's Shadow Contribution To The Question Of Informal Transnational Authority, 2018 Science Po Law School
Private International Law's Shadow Contribution To The Question Of Informal Transnational Authority, Horatia M. Watt
Indiana Journal of Global Legal Studies
This contribution attempts to approach informal transnational authority through the lens of critical private international law. It subscribes to the underlying idea within this volume, according to which the workings of the highly complex dynamic between the public and the private are cardinal to understanding contemporary global shifts in transnational authority, placing the rise of informal transnational authority at its epicenter. Expressions of private authority in the global arena take place outside formal legal discourse. Capital expanding beyond state boundaries has organized its own forms of authority, which arbitrate, enforce and legitimize new processes and structures beyond the state. To …
The Judicialization Of Private Transnational Power And Authority, 2018 University of Victoria
The Judicialization Of Private Transnational Power And Authority, A. Claire Cutler
Indiana Journal of Global Legal Studies
This article examines the judicialization of private systems of governance that are transforming "common sense" understandings of who should govern states, societies, and political economies. The focus is on the private transnational institutions and processes in the global investment and financial regimes. These regimes contribute to the maintenance and expansion of capitalism by assisting in the management and mitigation of risk, but they also participate in the construction of the sorts of risks that require management and mitigation. In so doing, they are deeply involved in determining what requires governance, as well determining the appropriate mechanisms and manner of governance. …
Policing Corruption Post- And Pre-Crime: Collective Action And Private Authority In The Maritime Industry, 2018 Copenhagen Business School
Policing Corruption Post- And Pre-Crime: Collective Action And Private Authority In The Maritime Industry, Hans K. Hansen
Indiana Journal of Global Legal Studies
How are we to understand the proliferating attempts amongst transactional corporations (TNCs) at collectively reducing the risk of corruption in business operations and interactions with state officials around the world? How are these endeavors linked to transformations of public and private authority in the global political economy? Premised on the observation that corruption is globalized and the growing efforts at tackling it equally so, this article draws on the literatures on private authority, governmentality, and criminological studies to explore anticorruption in terms of pre-crime and post-crime policing. The case of the maritime industry is analyzed, including the ways in which …
Shifting Between Public And Private: The Reconfiguration Of Global Environmental Regulation, 2018 University of Jerusalem
Shifting Between Public And Private: The Reconfiguration Of Global Environmental Regulation, Orr Karassin, Oren Perez
Indiana Journal of Global Legal Studies
Over the past two centuries, public environmental regulation (PER) has been progressively supplemented by private transnational regulation (PTR), creating a hybrid environmental governance regime. A fivecategory typology is developed to describe the ways in which international and national PER interact with private forms of environmental regulation. We then analyze the policy considerations that are relevant to the design of such hybrid regimes and various forms of interaction. Next, we describe two case studies that demonstrate the diversity of interactions between PER and PTR in a single regime. The case of sustainability reporting illustrates how public law builds on the expertise …
The Public And Its Problems: How The Eu's Capital Market Union Defines The Bounds Of Legitimate Knowledge And Redraws The Boundaries Of (Public) Authority, 2018 University of Erfurt, Germany
The Public And Its Problems: How The Eu's Capital Market Union Defines The Bounds Of Legitimate Knowledge And Redraws The Boundaries Of (Public) Authority, Timo Walter, Oliver Kessler
Indiana Journal of Global Legal Studies
Recent years have seen increasing theoretical and practical attempts to come to terms with the strains on public authority at the level of transnational regulation and governance. For the most part, these have followed what could be called a strategy of transposition, seeking to install functional equivalents to familiar forms of nation-state or Westphalian public authority. While useful for some analytical purposes, the validity of this strategy depends on the nature of public authority remaining unchanged: the same 'function' is now fulfilled by somebody else. In this article, we argue, in contrast, that the very form of public authority has …
Transnational Private Authority In The Sphere Of Education, 2018 University of Cambridge
Transnational Private Authority In The Sphere Of Education, Eva Hartmann
Indiana Journal of Global Legal Studies
It seems that an ever-shorter temporal rhythm is gaining ground with the end of the "short twentieth century, 'I challenging the modern temporal horizon. The emerging economy relies on a continuous stream of scientific and technical knowledge closely related to information technology and networks. The increasing compression of both time and space has major consequences for the governance of the economy and the setting of authoritative standards in this sphere. This paper explores the consequences for education and training and its governance, where continuing education has become crucial. It studies the setting of authoritative standards in the field of information …
Efficiency Or Power? The Rise Of The Shareholder-Oriented Joint Stock Corporation, 2018 Maurer School of Law: Indiana University
Efficiency Or Power? The Rise Of The Shareholder-Oriented Joint Stock Corporation, Paddy Ireland
Indiana Journal of Global Legal Studies
This paper explores the attempts to depict the global rise to dominance of the shareholder-orientedj oint stock corporationa s largely economically determined and to portray these corporations as fundamentally 'rivate" in nature. By analyzing the economic nature of the joint stock companies (JSCs) that emerged in growing numbers in the nineteenth century, the historical construction of a corporate legal form to accommodate them, and the very different possible futures contained within their rise (one highly "financialized," the other increasingly "socialized'), the paper argues that special interests and power lie behind what is often dressed up as economic efficiency. Against this …
Regulatory Cooperation In International Trade And Its Transformative Effects On Executive Power, 2018 Texas A&M University School of Law
Regulatory Cooperation In International Trade And Its Transformative Effects On Executive Power, Elizabeth Trujillo
Indiana Journal of Global Legal Studies
As international trade receives the brunt of local discontent with globalization trends and recent changes by the Trump administration have put into question the viability of such trade arrangements moving forward, there has been a clear trend in using international trade fora for managing regulatory barriers on economic development. This paper will discuss this recent trend in international trade toward increased regulatory cooperation through the creation of formalized transnational regulatory bodies, such as the U.S.-EU Regulatory Cooperation Body that was being discussed in the TTIP negotiations and comparable ones in the Canadian-EU Trade Agreement as well as U.S.-Mexico and U.S.- …
The Status Of Authority In The Globalizing Economy: Beyond The Public/Private Distinction, 2018 University of Cambridge
The Status Of Authority In The Globalizing Economy: Beyond The Public/Private Distinction, Eva Hartmann, Poul F. Kjaer
Indiana Journal of Global Legal Studies
Over the past decades, the idea that national sovereignty and the authority of the state have been increasingly challenged or even substantially eroded has been a dominant one.' Economic globalization advancing a neo-liberal dis-embedding of the economy is seen as the major reason for this erosion. Concerns have increased about the negative consequences for the social fabric of societies, deprived of the strong shock absorption capacity that the welfare states had established in the time of the embedded liberalism to use a term John Ruggie coined. 2 The concerns have also helped nationalistic movements to gain power in many high-income …
Resourcing Green Technologies Through Smart Mineral Enterprise Development: A Case Analysis Of Cobalt, 2018 Columbia Law School, Columbia Center on Sustainable Investment
Resourcing Green Technologies Through Smart Mineral Enterprise Development: A Case Analysis Of Cobalt, Saleem Ali, Perrine Toledano, Nicolas Maennling, Nathaniel Hoffman, Lola Aganga
Columbia Center on Sustainable Investment Staff Publications
Achieving the goals of the Paris Agreement requires the world to adopt ‘green technologies’ such as renewable energies and electric transportation at an unprecedented scale. While many countries have implemented policies to spur the adoption of such technologies, a lack of focus has been placed on the sourcing of minerals that are required as inputs. As a result, there is likely to be a significant deficit that may constrain the adoption of green technologies.
In this report, we argue that a neglected area in addressing the mineral scarcity challenge is the private sector’s current trajectory for geological mineral exploration and …
Cracking Shells: The Panama Papers & Looking To The European Union's Anti-Money Laundering Directive As A Framework For Implementing A Multilateral Agreement To Combat The Harmful Effects Of Shell Companies, 2018 Texas A&M University School of Law
Cracking Shells: The Panama Papers & Looking To The European Union's Anti-Money Laundering Directive As A Framework For Implementing A Multilateral Agreement To Combat The Harmful Effects Of Shell Companies, Nicholas Vail
Texas A&M Law Review
In early 2016, the International Consortium of Investigative Journalists released a report detailing thousands of leaked documents demonstrating how a Panamanian law firm had, for years, helped wealthy clients conceal their financial activities through the use of offshore shell companies. The Panama Papers, as the leaked documents came to be known, directed renewed attention at the use of shell companies. Shell companies are used by the world’s wealthy and powerful to lower their taxes, but are also used by tax evaders, criminal organizations, and terrorists. While much of the renewed attention has been directed at offshore tax havens such as …
Fulfilling U.S. Commitment To Refugee Resettlement: Protecting Refugees, Preserving National Security, & Building The U.S. Economy Through Refugee Admissions, 2018 Texas A&M University School of Law
Fulfilling U.S. Commitment To Refugee Resettlement: Protecting Refugees, Preserving National Security, & Building The U.S. Economy Through Refugee Admissions, Harvard Immigration And Refugee Clinical Program
Texas A&M Law Review
At a time when the U.S. refugee admissions program is under serious threat and the world’s displaced population is at its highest, this Report sets forth extensive recommendations regarding the United States’ role in protecting vulnerable refugees and compliance with its commitments under domestic and international law that together safeguard people fleeing persecution and fearing return to torture. The Report also identifies key national security reasons for supporting and enhancing the refugee program in keeping with U.S. foreign policy priorities. Additionally, the Report provides an in-depth discussion of the robust, multistep security-assessment mechanisms already in place for screening refugees; offers …
Amicus Curiae Observations On The “Prosecution’S Request For A Ruling On Jurisdiction Under Article 19(3) Of The Statute”, 2018 Dalhousie University, Schulich School of Law
Amicus Curiae Observations On The “Prosecution’S Request For A Ruling On Jurisdiction Under Article 19(3) Of The Statute”, Fannie Lafontaine, Robert Currie, Amanda Ghahremani
Reports & Public Policy Documents
The Amici Curiae (‘the Amici’) have been granted leave by Pre-Trial Chamber I (‘the Chamber’) to submit observations in the present proceeding, which derives from the Prosecutor’s request under art. 19(3) for a ruling on whether the Court may exercise jurisdiction over the alleged deportation of the Rohingya people from Myanmar to Bangladesh.
The Amici respectfully offer the Chamber observations on the novel legal issues raised by the Prosecutor’s Request: (II) the scope of art. 19(3) and the powers of the Prosecutor to seek a ruling on jurisdiction before a formal situation has been assigned to it; (III) the scope …