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2004

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Legal Professional Privilege And The Privilege Against Self-Incrimination In Ec Law: Recent Developments And Current Issues, Bo Vesterdorf Jan 2004

Legal Professional Privilege And The Privilege Against Self-Incrimination In Ec Law: Recent Developments And Current Issues, Bo Vesterdorf

Fordham International Law Journal

I will focus my contribution on two distinct limitations on the Commision's investigative rights in competition proceedings: (i)legal professional privilege ; and (ii) the privilege against self-incrimination. My intervention is divided into two sections. The first section describes the evolution of these two privileges and their current scope. The second section focuses on the issues raised by the application of legal professional privilege and the privilege against self-incrimination within the framework of Regulation No. 1/2003.

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Legal Professional Privilege In Competition Proceedings Before The European Commission: Beyond The Cursory Glance, Eric Gippini-Fournier Jan 2004

Legal Professional Privilege In Competition Proceedings Before The European Commission: Beyond The Cursory Glance, Eric Gippini-Fournier

Fordham International Law Journal

Although set against the background of investigations by the European Commission in proceedings for the application of the main competition rules of the EU, the discussion remains at the level of broad principles. The driving notion of this article is that the basis and ratio for judicial recognition of a privileged communications doctrine in EU law must be defined explicitly, and that this definition may have important consequences as to the scope and practical administrability of the doctrine. Part I explores the principal rationales usually claimed for the privilege: the utilitarian view and the rights-based approach. This discussion serves as …

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Tax Competition: Harmful To Whom?, Michael Littlewood Jan 2004

Tax Competition: Harmful To Whom?, Michael Littlewood

Michigan Journal of International Law

The aim of this paper is to examine the theory that it is both desirable and feasible to prevent less-developed countries from operating preferential tax regimes (that is, offering tax incentives) as a means of attracting foreign investment.

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Interpreting The Wto Agreements- A Commentary On Professor Pauwelyn's Approach, Joshua Meltzer Jan 2004

Interpreting The Wto Agreements- A Commentary On Professor Pauwelyn's Approach, Joshua Meltzer

Michigan Journal of International Law

In his paper, Professor Pauwelyn argues that pursuant to Article 31(3)(c) of the Vienna Convention on the Law of Treaties (Vienna Convention), the Appellate Body should consider other rules of international law in the interpretation of the WTO Agreements, when that law reflects the "common intentions" of the parties to the WTO. He argues that this does not mean that "all the parties to the WTO treaty must have formally and explicitly agreed, one after the other, to the new non-WTO rule; nor even that this rule must be otherwise legally bind all WTO members; but rather, that this new …

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Re-Examining The Role Of Private Property In Market Democracies:Problematic Ideological Issues Raised By Land Registration, Joel M. Ngugi Jan 2004

Re-Examining The Role Of Private Property In Market Democracies:Problematic Ideological Issues Raised By Land Registration, Joel M. Ngugi

Michigan Journal of International Law

In the post-1989 world, the primacy of private property is taken for granted. The final fall of communism, it would seem, is an adequate commentary of the supremacy of private property arrangements in facilitating economic development. Debates pitting plan (with its associated appetite for communal or collective property) against market (with its avowed belief in private property) are now considered superfluous. As far as the "Western world" was concerned, it seemed that the task of persuading the rest of the world that private property is the key to efficient market performance and economic development had finally been accomplished. The only …

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Reply To Joshua Meltzer, Joost Pauwelyn Jan 2004

Reply To Joshua Meltzer, Joost Pauwelyn

Michigan Journal of International Law

A reply to Joshua Meltzer's comment on the author's paper Bridging Fragmentation and Unity: International Law as a Universe of Inter-Connected Islands

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Minimum Wages, Inequality, And Globalization, T. H. Gindling, Katherine Terrell Jan 2004

Minimum Wages, Inequality, And Globalization, T. H. Gindling, Katherine Terrell

Michigan Journal of International Law

The authors argue in this paper that the institution of the minimum wage is also an important factor in explaining changes in earnings inequality in Costa Rica, and that it can be an important factor in many developing countries. This study is a departure from the literature on institutions and development, which tends to analyze the impact of a more generally defined set of institutions using data on a number of countries. In this paper the authors analyze detailed changes in one institution in one country, using panel data over time. They argue that it is important to understand how …

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Pros And Cons Ensuing From Fragmentation Of International Law, Gerhard Hafner Jan 2004

Pros And Cons Ensuing From Fragmentation Of International Law, Gerhard Hafner

Michigan Journal of International Law

The system of international law has become increasingly fragmented, particularly since the end of the Cold War. This paper intends to present the main features of this development and its implications.

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Destruction Of Property (On An International Scale): The Recent Oil Platforms Case And The International Court Of Justice's Inconsistent Commentary On The Use Of Force By The United States, Stewart M. Young Jan 2004

Destruction Of Property (On An International Scale): The Recent Oil Platforms Case And The International Court Of Justice's Inconsistent Commentary On The Use Of Force By The United States, Stewart M. Young

North Carolina Journal of International Law

No abstract provided.

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International Legal Compliance: An Annotated Bibliography, William C. Bradford Jan 2004

International Legal Compliance: An Annotated Bibliography, William C. Bradford

North Carolina Journal of International Law

No abstract provided.

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A Look At The Causes, Impact And Future Of The Sarbanes-Oxley Act, Scott Green Jan 2004

A Look At The Causes, Impact And Future Of The Sarbanes-Oxley Act, Scott Green

Journal of International Business and Law

No abstract provided.

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Koizumi's Reform Of Special Corporations, Susan Carpenter Jan 2004

Koizumi's Reform Of Special Corporations, Susan Carpenter

Journal of International Business and Law

No abstract provided.

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Current Bond Market Issues And The Development Of The Electronic Asian Bond Market, Andrew Greenwood Jan 2004

Current Bond Market Issues And The Development Of The Electronic Asian Bond Market, Andrew Greenwood

Journal of International Business and Law

No abstract provided.

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Front Matter Jan 2004

Front Matter

The International Lawyer

No abstract provided.

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International Procurement, Paul M. Lalonde, Michael E. Burke, Kenneth Fries, Martin Trybus Jan 2004

International Procurement, Paul M. Lalonde, Michael E. Burke, Kenneth Fries, Martin Trybus

The International Lawyer

No abstract provided.

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Cultural Property, Daniel W. Eck, Patty Gerstenblith Jan 2004

Cultural Property, Daniel W. Eck, Patty Gerstenblith

The International Lawyer

No abstract provided.

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International Trade, Jeffrey D. Gerrish, Hui Yu Jan 2004

International Trade, Jeffrey D. Gerrish, Hui Yu

The International Lawyer

No abstract provided.

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Introduction: The Triangulation Of International Intellectual Property Law: Cooperation, Power, And Normative Welfare, Peter M. Gerhart Jan 2004

Introduction: The Triangulation Of International Intellectual Property Law: Cooperation, Power, And Normative Welfare, Peter M. Gerhart

Case Western Reserve Journal of International Law

No abstract provided.

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Distributive Politics And International Institutions: The Case Of Drugs, Eyal Benvenisti, George W. Downs Jan 2004

Distributive Politics And International Institutions: The Case Of Drugs, Eyal Benvenisti, George W. Downs

Case Western Reserve Journal of International Law

No abstract provided.

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Securing The Future Of Intellectual Property: Intellectual Property Owners And Their Nodally Coordinated Enforcement Pyramid, Peter Drahos Jan 2004

Securing The Future Of Intellectual Property: Intellectual Property Owners And Their Nodally Coordinated Enforcement Pyramid, Peter Drahos

Case Western Reserve Journal of International Law

No abstract provided.

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Trips And The Dynamics Of Intellectual Property Lawmaking, Graeme B. Dinwoodie, Rochelle C. Dreyfuss Jan 2004

Trips And The Dynamics Of Intellectual Property Lawmaking, Graeme B. Dinwoodie, Rochelle C. Dreyfuss

Case Western Reserve Journal of International Law

No abstract provided.

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Bilateralism In Intellectual Property: Defeating The Wto System For Access To Medicines, Carlos M. Correa Jan 2004

Bilateralism In Intellectual Property: Defeating The Wto System For Access To Medicines, Carlos M. Correa

Case Western Reserve Journal of International Law

No abstract provided.

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Recognizing Ilo Rights To Organize And Bargain Collectively, Grease In China's Transition To A Socialist Market Economy, Toby D. Merchant Jan 2004

Recognizing Ilo Rights To Organize And Bargain Collectively, Grease In China's Transition To A Socialist Market Economy, Toby D. Merchant

Case Western Reserve Journal of International Law

No abstract provided.

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Terrorism On Trial: The Trials Of Al Qaeda, Andrew C. Mccarthy Jan 2004

Terrorism On Trial: The Trials Of Al Qaeda, Andrew C. Mccarthy

Case Western Reserve Journal of International Law

No abstract provided.

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Targeted Killing As Active Self-Defense, Amos Guiora Jan 2004

Targeted Killing As Active Self-Defense, Amos Guiora

Case Western Reserve Journal of International Law

No abstract provided.

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Defining Terrorism As The Peacetime Equivalent Of War Crimes: Problems And Prospects, Michael P. Scharf Jan 2004

Defining Terrorism As The Peacetime Equivalent Of War Crimes: Problems And Prospects, Michael P. Scharf

Case Western Reserve Journal of International Law

No abstract provided.

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State Actors In An International Definition Of Terrorism From A Human Rights Perspective, Bruce Broomhall Jan 2004

State Actors In An International Definition Of Terrorism From A Human Rights Perspective, Bruce Broomhall

Case Western Reserve Journal of International Law

No abstract provided.

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Mediating Interactions In An Expanding International Intellectual Property Regime, Laurence R. Helfer Jan 2004

Mediating Interactions In An Expanding International Intellectual Property Regime, Laurence R. Helfer

Case Western Reserve Journal of International Law

No abstract provided.

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Lesser Evils In The War On Terrorism, Mark A. Drumbl Jan 2004

Lesser Evils In The War On Terrorism, Mark A. Drumbl

Case Western Reserve Journal of International Law

No abstract provided.

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Cold War Triumph - Taiwan Democratized In Spite Of U.S. Efforts, Jim W. Ko Jan 2004

Cold War Triumph - Taiwan Democratized In Spite Of U.S. Efforts, Jim W. Ko

Case Western Reserve Journal of International Law

No abstract provided.

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