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Full-Text Articles in Business

Public Regulation And Private Enforcement In A Global Economy: Strategies For Managing Conflict, Hannah L. Buxbaum Jan 2019

Public Regulation And Private Enforcement In A Global Economy: Strategies For Managing Conflict, Hannah L. Buxbaum

Articles by Maurer Faculty

No abstract provided.


The Story Of The Dubai International Financial Centre Courts: A Retrospective, Jayanth K. Krishnan Jan 2018

The Story Of The Dubai International Financial Centre Courts: A Retrospective, Jayanth K. Krishnan

Books & Book Chapters by Maurer Faculty

Can Western-based, English-speaking, common law commercial courts operate successfully in an environment that are not their own—such as in the Middle East? This question is not a simple thought experiment but rather the reality that has occurred since the mid-2000s in the Emirate of Dubai. This monograph recounts the history of how the ‘Dubai International Financial Centre Courts’ emerged. Drawing on extensive interviews with key stakeholders involved in the process, along with rich original documents as well as all of the Courts’ judgments, this narrative offers important lessons for those seeking to understand more fully the complex interplay of how …


Contract-Boundary-Spanning Governance Mechanisms: Conceptualizing Fragmented And Globalized Production As Collectively Governed Entities, Jaakko Salminen Jul 2016

Contract-Boundary-Spanning Governance Mechanisms: Conceptualizing Fragmented And Globalized Production As Collectively Governed Entities, Jaakko Salminen

Indiana Journal of Global Legal Studies

Conceptualizing how private actors can and should control their supply chains is a tricky question with both economic and legal dimensions. The topic is of extreme importance in today's global economy. On the one hand, this importance is highlighted by events such as the catastrophic and deadly collapse of the Rana Plaza factory building in Bangladesh and the economic fiasco of the Olkiluoto 3 nuclear power plant construction project in Finland, both arguably caused by the lack of effective supply chain governance. On the other hand, the potential benefits of successful supply chain governance, shown by examples such as open …


The Race To Safety: How Private Lawmaking And Voluntary-Standard Adoption Can Inspire A Global Regime That Strengthens And Harmonizes Product Safety Standards, Alexandra Muir Jan 2016

The Race To Safety: How Private Lawmaking And Voluntary-Standard Adoption Can Inspire A Global Regime That Strengthens And Harmonizes Product Safety Standards, Alexandra Muir

Indiana Journal of Global Legal Studies

Today's economy is dominated by global actors. Over the past few decades, transnational corporations have increased in number and importance while domestic corporations have turned to outsourcing to cut costs and increase efficiency. The globalized economy has caused a breakdown in both physical and legal boundaries, as products in international commerce move from one jurisdiction to another, often adhering to safety standards of an entirely different jurisdiction than the one in which they are sold. This breakdown raises concerns about product safety and illustrates the importance of creating a consistent products liability regime for the international market. At the same …


Agora: Reflections On Rjr Nabisco V. European Community: The Scope And Limitations Of The Presumption Against Extraterritoriality, Hannah Buxbaum Jan 2016

Agora: Reflections On Rjr Nabisco V. European Community: The Scope And Limitations Of The Presumption Against Extraterritoriality, Hannah Buxbaum

Articles by Maurer Faculty

No abstract provided.


Breaking The Curse: A Multilayered Regulatory Approach, Hunter Dekoninck Jan 2015

Breaking The Curse: A Multilayered Regulatory Approach, Hunter Dekoninck

Indiana Journal of Global Legal Studies

Eastern Africa has been plagued for generations with what Richard Auty considers 'The Resource Curse." This curse, translated into modern economic tragedies, is the exploitive extraction and use of precious minerals from Eastern Africa, specifically the Democratic Republic of the Congo (DRC). As a result of attempts to combat the international market that perpetuates this curse, Section 1502 of the Dodd-Frank Wall Street Reform Act, largely in response to human rights activism, passed into law a provision requiring companies to account to the Securities and Exchange Commission (SEC) for their use of certain listed foreign minerals. Although such regulation is …


The Ifc's New Africa, Latin America, And Caribbean Fund: Its Worrisome Start, And How To Fix It, Christiana Ochoa, Patrick J. Keenan Jan 2010

The Ifc's New Africa, Latin America, And Caribbean Fund: Its Worrisome Start, And How To Fix It, Christiana Ochoa, Patrick J. Keenan

Articles by Maurer Faculty

In April 2010 the International Finance Corporation announced the creation of the African, Latin American, and Caribbean fund, a new co-investment vehicle funded largely with commitments from sovereign wealth and pension funds. The fund's objective was to draw on the IFC and the World Bank's strengths in emerging markets to identify and support enterprises that might not otherwise have come to the attention of large investors and thereby help strengthen the private sector and alleviate poverty in some of the world's poorest countries. Unfortunately the fund has, so far, proven a disappointment. It has invested only in large corporations that …


From Odious Debt To Odious Finance: Avoiding The Externalities Of A Functional Odious Debt Doctrine, Christiana Ochoa Jan 2008

From Odious Debt To Odious Finance: Avoiding The Externalities Of A Functional Odious Debt Doctrine, Christiana Ochoa

Articles by Maurer Faculty

This Article looks at the generally agreed upon characteristics of the odious debt doctrine and considers the unintended consequences and externalities that would ensue if this doctrine were ever made regularly operative. The enlivened scholarly debate surrounding the odious debt doctrine assumes that debt is the sole finance vehicle for despotic governments. This is simply not the case.

Debt is not the sole finance vehicle; despots are able to raise funds through a wide variety of other methods. These include the pillaging of the nation's natural resources, property, and other valuable asset as well as the exploitation of the nation's …


Foreign Private Investment In Palestine: An Analysis Of The Law On The Encouragement Of Investment In Palestine, David P. Fidler Jan 1995

Foreign Private Investment In Palestine: An Analysis Of The Law On The Encouragement Of Investment In Palestine, David P. Fidler

Articles by Maurer Faculty

This Article analyzes the Investment Law and its prospects for encouraging foreign businesses to invest in Gaza and the West Bank (collectively, "Palestinian Territories"). A brief analysis of the importance of foreign private investment to the peace process between Israel and the Palestinian Liberation Organization, and the progress made towards attracting such investment in Gaza and the West Bank since the September 1993 signing of the Declaration of Principles on Interim Self-Government Arrangements, serves as a prelude to a detailed examination of the text of the Investment Law. The author then compares the Investment Law to the latest international practices …


The Listing Of Daimler-Benz Securities On The Nyse: Conflicting Interests And Regulatory Policies, J. William Hicks Jan 1994

The Listing Of Daimler-Benz Securities On The Nyse: Conflicting Interests And Regulatory Policies, J. William Hicks

Articles by Maurer Faculty

No abstract provided.


On Domesticating Giants: Further Reflections On The Legal Approach To Transnational Enterprise, A. A. Fatouros Jan 1977

On Domesticating Giants: Further Reflections On The Legal Approach To Transnational Enterprise, A. A. Fatouros

Articles by Maurer Faculty

This article continues a line of inquiry begun long ago at the University of Western Ontario, at a time when transnational enterprise was dealt with under the heading of "direct private foreign investment." It picks up and develops certain points made in some relatively recent articles of mine, such as, The Computer and the Mudhut: Notes on Multinational Enterprise in Developing Countries (1971), 10 Columbia J. Transn'l. L. 325; Multinational Enterprise and Extraterritoriality (1972), 1 J. Contemporary Business (No. 4); and especially, Problemes et ethodes d'une reglementation des enterprises multinationales (1974), 101 J. Droit Int'l (Clunet) 495.


The Computer And The Mud Hut: Notes On Multinational Enterprise In Developing Countries, A. A. Fatouros Jan 1971

The Computer And The Mud Hut: Notes On Multinational Enterprise In Developing Countries, A. A. Fatouros

Articles by Maurer Faculty

No abstract provided.


Regards To A Friend, A. A. Fatouros Jan 1971

Regards To A Friend, A. A. Fatouros

Articles by Maurer Faculty

No abstract provided.


Standard Investment Agreement (Draft Translation), A. A. Fatouros Jan 1971

Standard Investment Agreement (Draft Translation), A. A. Fatouros

Articles by Maurer Faculty

No abstract provided.


Book Review. Foreign Investments And International Law By Georg Schwarzenberger, A. A. Fatouros Jan 1970

Book Review. Foreign Investments And International Law By Georg Schwarzenberger, A. A. Fatouros

Articles by Maurer Faculty

No abstract provided.


Introductory Note: Documents And Legislation Concerning The "Chileanization" Of Anaconda's Chile Exploration Company, A. A. Fatouros Jan 1970

Introductory Note: Documents And Legislation Concerning The "Chileanization" Of Anaconda's Chile Exploration Company, A. A. Fatouros

Articles by Maurer Faculty

No abstract provided.


Book Review. The Prohibition Of Combination Of Enterprises In The Law Of The European Economic Community By S. A. Matallinos, A. A. Fatouros Jan 1969

Book Review. The Prohibition Of Combination Of Enterprises In The Law Of The European Economic Community By S. A. Matallinos, A. A. Fatouros

Articles by Maurer Faculty

No abstract provided.


Preliminary Note: Greece-Litton Industries: Agreement For The Development Of Crete And The Western Peloponnesos, A. A. Fatouros Jan 1969

Preliminary Note: Greece-Litton Industries: Agreement For The Development Of Crete And The Western Peloponnesos, A. A. Fatouros

Articles by Maurer Faculty

No abstract provided.


The Quest For Legal Security Of Foreign Investments -- Latest Developments, A. A. Fatouros Jan 1963

The Quest For Legal Security Of Foreign Investments -- Latest Developments, A. A. Fatouros

Articles by Maurer Faculty

No abstract provided.


Book Review. Development Banks By W. Diamond And The Design Of Development By J. Tinbergen, A. A, Fatouros Jan 1959

Book Review. Development Banks By W. Diamond And The Design Of Development By J. Tinbergen, A. A, Fatouros

Articles by Maurer Faculty

No abstract provided.