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Articles 1 - 17 of 17
Full-Text Articles in Law
Foreign Investor Protection And Climate Action: A New Price Tag For Urgent Policies, Gus Van Harten
Foreign Investor Protection And Climate Action: A New Price Tag For Urgent Policies, Gus Van Harten
Gus Van Harten
From a climate perspective, not all investment is equal. Desirable investment in clean energy needs encouragement and protection, while undesirable investment in fossil fuels needs clear policy signals to avoid further investment in destructive activities and stranding more assets. In this paper, evidence is presented on how foreign investor protection provisions in trade and investment agreements tilt the playing field in favor of entrenched incumbents and against urgent action on climate; on the potential for a massive expansion of investor-state litigation and risks to climate policy in proposed trade deals; and on key flaws in recent European Commission proposals to ...
Boosting The Private Space Industry: Extending Nasa’S Duty-Free Import Exemption To Commercial Space Companies, Katherine Gustafson
Boosting The Private Space Industry: Extending Nasa’S Duty-Free Import Exemption To Commercial Space Companies, Katherine Gustafson
William & Mary Business Law Review
The United States has a strong reputation for being at the forefront of space exploration. The commercial space industry in the United States is flourishing, yet the United States government is not effectively using its resources to help the industry. Currently, the United States government has some policies in place that promote the private space sector. Nonetheless, the government favors its own failing agency, NASA, by giving it extra benefits in the form of exemptions from import duties. Extending an exemption from import duties to the commercial space industry, however, would have several beneficial effects on the United States that ...
Foreign Investor Protection And Climate Action: A New Price Tag For Urgent Policies, Gus Van Harten
Foreign Investor Protection And Climate Action: A New Price Tag For Urgent Policies, Gus Van Harten
Osgoode Legal Studies Research Paper Series
From a climate perspective, not all investment is equal. Desirable investment in clean energy needs encouragement and protection, while undesirable investment in fossil fuels needs clear policy signals to avoid further investment in destructive activities and stranding more assets. In this paper, evidence is presented on how foreign investor protection provisions in trade and investment agreements tilt the playing field in favor of entrenched incumbents and against urgent action on climate; on the potential for a massive expansion of investor-state litigation and risks to climate policy in proposed trade deals; and on key flaws in recent European Commission proposals to ...
Chinese Investment In Africa: China’S Empathetic Support Of Poor And Despotic Regimes, And The Competition Western Companies Face, Richard W. Gove
Chinese Investment In Africa: China’S Empathetic Support Of Poor And Despotic Regimes, And The Competition Western Companies Face, Richard W. Gove
Richard W Gove
This paper discusses the recent economic parallels and interconnections between China and the different nations in Africa, especially sub-Saharan Africa. In 2009, China surpassed the United States to become Africa’s largest trade partner, and China has committed to establishing stronger connections with African economies. Much of the increase in trade is a result of China’s thirst for oil and Africa’s desperate need for foreign investment. However, many legal issues surround Chinese involvement in Africa, especially public corruption, and the instability of African regimes has created political risk that leaves China with little competition and Africa with few ...
The Integration Of Smaller Economies Into The Ftaa, Frank J. Garcia
The Integration Of Smaller Economies Into The Ftaa, Frank J. Garcia
Frank J. Garcia
No abstract provided.
The Global Market And Human Rights: Trading Away The Human Rights Principle, Frank J. Garcia
The Global Market And Human Rights: Trading Away The Human Rights Principle, Frank J. Garcia
Frank J. Garcia
No abstract provided.
The Unconstitutionality Of Current Legal Barriers To Telemedicine In The United States: Analysis And Future Directions Of Its Relationship To National And International Health Care Reform, Deth Sao, Amar Gupta
The Unconstitutionality Of Current Legal Barriers To Telemedicine In The United States: Analysis And Future Directions Of Its Relationship To National And International Health Care Reform, Deth Sao, Amar Gupta
Deth Sao
The current health care crisis in the United States compels a consideration of the crucial role that telemedicine could play towards deploying a pragmatic solution. The nation faces rising costs and difficulties in access to and quality of medical services. Telemedicine can potentially help to overcome these challenges, as it can provide new cost-effective and efficient methods of delivering health care across geographic distances. The full benefits and future potential of telemedicine, however, are constrained by overlapping and often inconsistent and inadequate regulatory frameworks, as well as the repertoire of standards imposed by state governments and professional organizations. Proponents of ...
What's At Stake In The Sovereignty Debate?: International Tax And The Nation-State, Diane M. Ring
What's At Stake In The Sovereignty Debate?: International Tax And The Nation-State, Diane M. Ring
Boston College Law School Faculty Papers
The international tax problems of today are typically beyond the scope of a single nation to solve. However, the prospect of multinational problem solving, often under the auspices of an international organization, unleashes objections grounded in sovereignty. Despite widespread reliance on sovereignty arguments, little attention has been directed at what precisely is meant by sovereignty and what place it has in international tax policy. This article contends that a loss of sovereignty undermines both significant functional roles played by a nation-state (revenue and fiscal policy) and important normative governance values (accountability and democratic legitimacy). Whether these limitations are severe enough ...
Environmental Trade Measures, The Shrimp-Turtle Rulings, And The Ordinary Meaning Of The Text Of The Gatt, Howard F. Chang
Environmental Trade Measures, The Shrimp-Turtle Rulings, And The Ordinary Meaning Of The Text Of The Gatt, Howard F. Chang
Faculty Scholarship at Penn Law
No abstract provided.
Toward A Greener Gatt: Environmental Trade Measures And The Shrimp-Turtle Case, Howard F. Chang
Toward A Greener Gatt: Environmental Trade Measures And The Shrimp-Turtle Case, Howard F. Chang
Faculty Scholarship at Penn Law
No abstract provided.
Trends. International Trade And The Subversion Of Justice: Japan, The European Union, And Iraq, Ibpp Editor
Trends. International Trade And The Subversion Of Justice: Japan, The European Union, And Iraq, Ibpp Editor
International Bulletin of Political Psychology
The author discusses the moral philosophy, the psychology of moral judgment, and treatises on law often suggest that justice subsumes some combination of behavioral and intentional accountability and equity.
An Economic Analysis Of Trade Measures To Protect The Global Environment, Howard F. Chang
An Economic Analysis Of Trade Measures To Protect The Global Environment, Howard F. Chang
Faculty Scholarship at Penn Law
In this article, Professor Howard Chang addresses the role of trade restrictions in supporting policies to protect the global environment and proposes a more liberal treatment of these environmental trade measures than that adopted by dispute-settlement panels of the General Agreement on Tariffs and Trade (GATT). The GATT Secretariat has recommended that countries like the United States rely on "carrots" rather than "sticks" in order to induce the participation of other countries in multilateral environmental agreements. Professor Chang defends the use of sticks on the ground that they encourage more restrained exploitation of the environment pending a multilateral agreement. First ...
Imprudent Power: Reconsidering U.S. Regulation Of Foreign Tender Offers, Jill E. Fisch
Imprudent Power: Reconsidering U.S. Regulation Of Foreign Tender Offers, Jill E. Fisch
Faculty Scholarship at Penn Law
No abstract provided.
Corporate Integration, Tax Treaties, And The Division Of The International Tax Base: Principles And Practices., Hugh J. Ault
Corporate Integration, Tax Treaties, And The Division Of The International Tax Base: Principles And Practices., Hugh J. Ault
Boston College Law School Faculty Papers
In this Article, Professor Ault begins with an examination of the evolution of treaty principles for the allocation of and restrictions on international taxing jurisdiction. He then focuses on how economically based principles dealing with the taxation of international income affect treaty policy and presents the basic structural provisions involving the taxation of foreign income and foreign investors that emerge from domestically enacted or proposed integration systems. The technical aspects of the actual treaty practices that have been implemented with respect to integration systems are then related to the theoretical discussion. Professor Ault concludes with an examination of the implications ...
An Economic Approach To The Determination Of Injury Under United States Antidumping And Countervailing Duty Law, Michael S. Knoll
An Economic Approach To The Determination Of Injury Under United States Antidumping And Countervailing Duty Law, Michael S. Knoll
Faculty Scholarship at Penn Law
No abstract provided.
Duties To Offset Competitive Advantages, Richard B. Dagen, Michael S. Knoll
Duties To Offset Competitive Advantages, Richard B. Dagen, Michael S. Knoll
Faculty Scholarship at Penn Law
No abstract provided.
Gray-Market Imports: Causes, Consequences And Responses, Michael S. Knoll
Gray-Market Imports: Causes, Consequences And Responses, Michael S. Knoll
Faculty Scholarship at Penn Law
This article explores the issue of gray-market imports. The author explains the four causes of gray-market imports and explores the possibility of private remedies in order to stem the flow of these imports. The article then turns to the possibility of protection in the public sector by discussing pertinent statutory provisions and the development of the case law in this area.