Open Access. Powered by Scholars. Published by Universities.®
- Keyword
-
- Human rights (2)
- ' deferral privilege (1)
- 'tax plays (1)
- Agriculture (1)
- American multi-national corporations (1)
-
- Animal abuse (1)
- Arbitration (1)
- Artificial intelligence (1)
- Auditor (1)
- Bilateral trade agreements (1)
- Bottled water (1)
- Boundry waters treaty (1)
- Chicago river diversion (1)
- Citizen suit (1)
- Citizens suits (1)
- Commerce (1)
- Comparison (1)
- Corporate governance (1)
- Corporate liability (1)
- Corporate social responsibility (1)
- Corporations (1)
- Cultural property (1)
- Cyber risk management (1)
- Directness (1)
- Doha round (1)
- Environment (1)
- Environmental harm (1)
- European Union (1)
- European Union (EU) (1)
- Exclusive Economic Zone (1)
Articles 1 - 17 of 17
Full-Text Articles in Law
Our Changing Reality: The Metaverse And The Importance Of Privacy Regulations In The United States, Anushkay Raza
Our Changing Reality: The Metaverse And The Importance Of Privacy Regulations In The United States, Anushkay Raza
Global Business Law Review
This Note discusses the legal and pressing digital challenges that arise in connection with the growing use of virtual reality, and more specifically, the metaverse. As this digital realm becomes more integrated into our daily lives, the United States should look towards creating a federal privacy law that protects fundamental individual privacy rights. This Note argues that congress should emulate the European Union's privacy regulations, and further, balances the potential consequences and benefits of adapting European regulations within the United Sates. Finally, this Note provides drafting considerations of future lawyers who will not only be dealing with the rise of …
Corporate Governance And The Audit Function In Jordan And The Uk: A Comparative Perspective, Bashar Malkawi
Corporate Governance And The Audit Function In Jordan And The Uk: A Comparative Perspective, Bashar Malkawi
Global Business Law Review
Superior corporate governance forms the bedrock of a prosperous economy. An integral component of outstanding corporate governance is the role of transparent, accurate and freely available information with respect to a company’s books and records. Numerous stakeholders including current and potential investors, business partners, employees, regulators and the public, rely on the integrity of the financial reporting. The law on external auditors in Jordan has undergone significant improvement, yet substantial gaps exist between current law and best practices. The Article focuses on the role of the auditor in ensuring superior corporate governance. The goal of this Article is to assess …
Veterinary Reporting And Immunity Laws In The United States: How This Model Law Could Positively Impact National Veterinary Practices And International Animal Law, Rachel Al-Alami
Global Business Law Review
This Note highlights the importance of animal law, including its impact on human violence and international businesses involving animals. The issues in veterinary reporting of suspected animal abuse must be addressed, as it has a direct effect on exposing the link between animal violence and human violence. Each state is encouraged to adopt the legislation proposed by this Note; it aims to reform the laws surrounding veterinary reporting of suspected animal abuse, and it provides veterinary professionals with immunity for reporting in good faith. This Note discusses the background of animal law, including the current state of affairs for both …
Business, Human Rights, And Transitional Justice: Overcoming The Regulatory Dysfunction Of International Law, Jelena Aparac
Business, Human Rights, And Transitional Justice: Overcoming The Regulatory Dysfunction Of International Law, Jelena Aparac
Global Business Law Review
It is said that traditional international public law is state-centric and concerns mostly State obligations and responsibility. For this, it excluded corporate actors from any accountability mechanism, even when the corporations contribute to armed conflicts and international crimes. International law does not provide a clear definition of what amounts to “subjects” under this set of rules or criteria for how to determine legal personality. At the same time, some branches of international public law directly regulate corporate actions, namely international economic law and international humanitarian law. Conversely, international courts and tribunals have accepted the corporate jus standi, in some …
Canadian Corporations Bound By The Phoenix: Setting The Path For The United States, Kelly Brickman
Canadian Corporations Bound By The Phoenix: Setting The Path For The United States, Kelly Brickman
Global Business Law Review
This Note argues that the United States courts have jurisdiction to consider corporate liability for international law violations of human rights under the reasoning of the Supreme Court of Canada, in Nevsun Resources Ltd. v. Araya. The United States Supreme Court has escaped holding such liability exists, but Canada has outlined how countries, such as the United States, no longer can avoid holding corporations liable under customary international law. Corporate liability for human rights violations committed abroad is a cutting-edge issue. The United States Supreme Court has considered the issue before, but the Court used different analyses and was …
The Human Rights Due Diligence Standard-Setting In The European Union: Bridging The Gap Between Ambition And Reality, Jernej Letnar Černič
The Human Rights Due Diligence Standard-Setting In The European Union: Bridging The Gap Between Ambition And Reality, Jernej Letnar Černič
Global Business Law Review
Globalization has, over the past decades, erased borders between continents and countries. It has propelled international trade to previously unforeseen heights. Nonetheless, it has brought about not only positive impact, but also negative consequences for individuals and communities worldwide. Businesses have often been alleged to have been directly or indirectly involved in human rights violations. On the other hand, rights-holders have often found it difficult to enforce corporate human rights obligations and accountability either at home or abroad. Nonetheless, the field of business and human rights has in recent years witnessed seminal developments from the adoption of binding laws in …
Mitigating Cyber Risk In It Supply Chains, Maureen Wallace
Mitigating Cyber Risk In It Supply Chains, Maureen Wallace
Global Business Law Review
This note argues that the United States needs to utilize current federal agencies to begin introducing cyber supply chain risk management regulation for IT supply chains. Cyber supply chain risk management is a critical area of cybersecurity that has barely been recognized by the United States government. The globalization of the digital world has introduced a new spectrum of risk management issues that affect the products exchanged by businesses and consumed by individuals and government agencies. While there have been some initiatives toward the promotion of tighter cybersecurity regulation, most initiatives only concern the public sector, leaving the private sector …
How New York Investors Financed The Looting Of Syria, Ukraine, And Iraq: The Need To Increase Civil Liabilities For "Current Possessors" Of Stolen Antiquities In The 21st Century, Lukas Padegimas
Global Business Law Review
This note argues that the U.S. should pass its own self-policing legislation that will make it less enticing for thieves to try to sell stolen antiquities to the U.S. market. Our world heritage is under threat from undeterred looting, which results in antiquities vanishing from museum storerooms and archeological sites before ending up in the storerooms of investors. Currently, source nations that attempt to have stolen antiquities returned are deterred by the high legal costs involved. As the biggest market for stolen cultural property, states within the U.S. should amend current replevin laws so that the possessors of stolen cultural …
A Quest For Consistency: The Meaning Of 'Direct' In The Foreign Trade Antitrust Improvements Act, Richard Lobas
A Quest For Consistency: The Meaning Of 'Direct' In The Foreign Trade Antitrust Improvements Act, Richard Lobas
Global Business Law Review
This note argues that the United States courts need to apply a more consistent interpretation of the meaning of "direct" within the context of the Foreign Trade Antitrust Improvements Act (FTAIA). The FTAIA serves to apply U.S. antitrust law, specifically the Sherman Act, to trade or commerce with foreign nations. One scenario in which this law may be applied is when trade or commerce with a foreign nation has a "direct, substantial, and reasonably foreseeable" effect on domestic commerce. However, courts purport to apply different standards to determine whether an effect is direct, leading to confusion and inconsistency. Contributing to …
Deep Dive, Chicago Style: A Roadmap For Understanding International Tax Reform, Michael J. Veneri Jr.
Deep Dive, Chicago Style: A Roadmap For Understanding International Tax Reform, Michael J. Veneri Jr.
Global Business Law Review
This note discusses the potential alternatives for international tax reform and evaluates them based upon the Chicago school of economic theory principles and the ability to eliminate "tax plays." The United States could modify the existing international taxation system with (1) the 2015 Obama Administration proposals, (2) a modified territorial system as proposed by Rep. Dave Camp, (3) a credit system with source-of-income rules without the deferral privilege, or (4) formulary apportionment system based on either a single-factor or a three-factor system. By eliminating a U.S. multinational corporation's ability to participate in "tax plays," inefficient rent-seeking behavior can be curtailed, …
Blessings And Curses: Israel And Lebanon's Maritime Boundary Dispute In The Eastern Mediterranean Sea, Andrew Shibley
Blessings And Curses: Israel And Lebanon's Maritime Boundary Dispute In The Eastern Mediterranean Sea, Andrew Shibley
Global Business Law Review
This note argues that Israel and Lebanon should submit their maritime border dispute to an arbitral tribunal under the United Nations Convention on the Law of the Sea. Before submitting the dispute to the tribunal, the two countries should agree upon an exclusive appellate remedy to be used in the event that at least one country is unsatisfied with the decision of the arbitrators. Alternatively, Israel and Lebanon could employ other dispute resolution options under the United Nations Convention on the Law of the Sea, or submit to the International Court of Justice. It is important that Israel and Lebanon …
The Doha Development Dysfunction: Problems Of The Wto Multilateral Trading System, Erik M. Dickinson
The Doha Development Dysfunction: Problems Of The Wto Multilateral Trading System, Erik M. Dickinson
Global Business Law Review
This Note argues that WTO member nations should use bilateral and regional trade agreements to solve key issues facing the Doha Round negotiations in order to lower trade barriers and foster a climate of free trade necessary to resurrect the stalled Doha Round. Several problems including the WTO’s lack of authority to enforce DSU decisions, protectionist trade measures, and the single undertaking have threatened the long term stability of the WTO’s multilateral trading system. However, if bilateral and regional trade agreements were used to solve key issues, much like they were used by the United States in the 1970s, WTO …
Defining The Scope Of Indirect Expropriation For International Investments , Peter D. Isakoff
Defining The Scope Of Indirect Expropriation For International Investments , Peter D. Isakoff
Global Business Law Review
At present, arbitral tribunals have applied a variety of standards to ascertain when indirect expropriation occurs. This article examines the complexities and ambiguities of current indirect expropriation standards and argues that a clear, uniform standard is needed to identify indirect expropriation. Ultimately, this article proposes that arbitral tribunals should only find that indirect expropriation occurs when (i) a state takes actions that substantially deprive the foreign investor of the profitability of its investment, and (ii) the state action was not reasonably predictable to the investor. Part I of this article provides a summary of the current state of expropriation doctrine. …
A Troubled Agreement For Troubled Waters: How An Amended Boundry Waters Treaty Can Solve The Great Lakes Agreement's Fatal Flaws, Paul Shugar
Global Business Law Review
Great Lakes water fuels $4.2 trillion of gross-domestic product (“GDP”), making the Great Lakes Region the largest bi-national regional economy in the world. But what are the United States and Canada doing to protect the world’s largest readily available freshwater resource? The Great Lakes-St. Lawrence River Basin Sustainable Water Resources Agreement’s failures show that Canada and the United State must amend the outdated Boundary Waters Treaty of 1909. This amended treaty would provide a uniform approach to regulating the Great Lakes so the states and provinces on both sides of the border must play by the same rules regarding water …
The Cost Of Progress: Enduring The Tax Deductibility Of International Corporate Social Responsibility Initiatives, Wayne C. Wood
The Cost Of Progress: Enduring The Tax Deductibility Of International Corporate Social Responsibility Initiatives, Wayne C. Wood
Global Business Law Review
Until the end of the twentieth century, the predominant view in America was that a corporation’s sole duty was to supply wealth to its shareholders. The idea that a corporation owes a broader duty to all of its stakeholders has gained ground based largely on the emerging international recognition of human rights norms. Increasingly American MNCs have opted to voluntarily create and implement CSR policies for moral, economic, and political reasons. While charitable donations made to exempt organizations are expressly deductible under section 170 of the Internal Revenue Code, the same might not be true for a given CSR expenditure. …
The Wti Incinerator: The Rcra Citizen Suit And The Emergence Of Environmental Human Rights, Hallie L. Shipley
The Wti Incinerator: The Rcra Citizen Suit And The Emergence Of Environmental Human Rights, Hallie L. Shipley
Global Business Law Review
The WTI Incinerator currently operates in East Liverpool, Ohio, burning toxic waste despite a district court ruling that held it posed an imminent and substantial risk to both human health and the environment. Unfortunately for the Ohio plaintiffs, the Circuit Court of Appeals in this case misinterpreted the RCRA (Resource Conservation and Recovery Act) Citizen suit provision, barring any remedy for the Ohio citizens who brought the suit. This flawed interpretation has been adopted nationwide by other Appellate Circuit Courts. This article compares the remedies available to U.S. citizens for environmental harms with those remedies available to the citizens under …
Clearing The Path For Land Rights, One Road Block At A Time: How Peru’S Indigenous Population Can Assert Their Land Rights Against Peru’S Government, Alex Meyers
Global Business Law Review
To the indigenous people of Peru, a strong relationship exists between land and livelihood. They depend on their land for the food they eat, the water they drink, and the resources they use to build their shelter. It follows that a threat to their property rights also threatens their survival; this past year, they have proven that they are prepared to defend their property rights with their lives. This Note shows that between the legal systems of Peru, the Organization of American States (OAS), and the United Nations (UN), Peru’s indigenous people should pursue their claim against Peru’s government in …