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Articles 1 - 30 of 32
Full-Text Articles in Law
Tinjauan Pengusahaan Air Dalam Pembangunan Plta Menurut Peraturan Perundang-Undangan Tentang Sumber Daya Air, Cerli Febri Ramadani
Tinjauan Pengusahaan Air Dalam Pembangunan Plta Menurut Peraturan Perundang-Undangan Tentang Sumber Daya Air, Cerli Febri Ramadani
"Dharmasisya” Jurnal Program Magister Hukum FHUI
Changes in regulations regarding water exploitation have occurred in Indonesia and there are many rejections from various parties, namely when the Act No. 7/2004 on Water Resources changed the conception of state control over water resources to management by the private. That is what makes Act No. 7/2004 filed a judicial riview lawsuit to the Constitutional Court, and the end of the COURT's decision to repeal Act No. 7/2004 and re-enact Act No. 11/ 1974 About Watering. Which in Act No. 11/1974 adheres to the principle of joint ventures and family. In 2019 then, the government established a new regulation, …
Privatization Of The Judiciary, Eldar Haber
Privatization Of The Judiciary, Eldar Haber
Seattle University Law Review
The digital era invoked new challenges to judicial systems. The Internet enabled violation of privacy and intellectual property rights and enhanced the magnitude of criminal activity. Recognizing the inability of courts to handle a high magnitude of lawsuits, along with enforcement difficulties, policymakers worldwide chose to delegate quasi-judicial powers to online intermediaries that facilitate or enable such potential violations or infringements of rights. Search engines were first tasked to perform a quasi-judicial role under a notice-and-takedown regime to combat copyright infringement around the world. Recently, the European Union (EU) decided to delegate judicial authority to search engines by granting rights …
Plugging The Democracy Drain In The Struggle For Universal Access To Safe Drinking Water, Tara Paul
Plugging The Democracy Drain In The Struggle For Universal Access To Safe Drinking Water, Tara Paul
Indiana Journal of Global Legal Studies
Privatization of water delivery services has become a global trend as states seek ways to shift both political and economic costs to private actors. The advantage of privatization is that it relieves governments of the daunting expense of repairing and expanding water infrastructure in order to improve quality and reach marginalized communities. But water privatization has also been deeply criticized for corrupt practices, increasing prices to the poor, undermining human rights objectives, and dodging accountability. This note aims to find middle ground, acknowledging that privatization is an important tool to increase freshwater access, but that treating water as a human …
The Real Challenge To The Polish Revolution: Cleaning The Polish Environment Through Privatization And Preventive Market-Based Incentives, G. Nelson Smith Iii
The Real Challenge To The Polish Revolution: Cleaning The Polish Environment Through Privatization And Preventive Market-Based Incentives, G. Nelson Smith Iii
Pepperdine Law Review
No abstract provided.
Private Actors And Public Governance Beyond The State: The Multinational Corporation, The Financial Stability Board, And The Global Governance Order, Larry Cata Backer
Private Actors And Public Governance Beyond The State: The Multinational Corporation, The Financial Stability Board, And The Global Governance Order, Larry Cata Backer
Indiana Journal of Global Legal Studies
Transnational corporations are at the center of extraordinary and complex governance systems that are developing outside the state and international public organizations and beyond the conventionally legitimating framework of the forms of domestic or international hard law. Though these systems are sometimes recognized as autonomous and authoritative among its members, they are neither isolated from each other nor from the states with which they come into contact. Together these systems may begin to suggest a new template for networked governance beyond the state, but one in which public and private actors are integrated stakeholders. This provides the source of the …
Russia's Lack Of American-Style Agency Priciples: A Primary Cause Of Corporate Governance Problems Today, C. Keith Marshall Jr.
Russia's Lack Of American-Style Agency Priciples: A Primary Cause Of Corporate Governance Problems Today, C. Keith Marshall Jr.
South Carolina Journal of International Law and Business
No abstract provided.
Donald W. Jackson On Who Governs The Globe? Edited By Deborah D. Avant, Martha Finnemore, And Susan K. Sell. New York: Cambridge University Press, 2010. 433pp., Donald W. Jackson
Donald W. Jackson On Who Governs The Globe? Edited By Deborah D. Avant, Martha Finnemore, And Susan K. Sell. New York: Cambridge University Press, 2010. 433pp., Donald W. Jackson
Human Rights & Human Welfare
A review of:
Who Governs the Globe? Edited by Deborah D. Avant, Martha Finnemore, and Susan K. Sell. New York: Cambridge University Press, 2010. 433pp.
Development Of Ukrainian Real Property And Mortgage Law: The American Perspective, Zhanna Bulkina
Development Of Ukrainian Real Property And Mortgage Law: The American Perspective, Zhanna Bulkina
San Diego International Law Journal
Modern Ukrainian commercial law started to develop following the break-up of the Soviet Union in August 1991 and the reemergence of Ukraine as an independent democratic state. As a result of the break-up, in 1991 the new state of Ukraine inherited the jurisprudence, institutions and government of the former Ukrainian Soviet Socialist Republic. While Ukraine quickly shed its Soviet past by changing the communist names of streets and institutions, the transition was not as easy when it came to substantive changes in Ukrainian jurisprudence and legal thinking. Ukraine needed to develop its own system of law to establish an open …
The Private Military Company-Unravelling The Theoretical, Legal & Regulatory Mosaic, Benedict Sheehy, Jackson N. Maogoto
The Private Military Company-Unravelling The Theoretical, Legal & Regulatory Mosaic, Benedict Sheehy, Jackson N. Maogoto
ILSA Journal of International & Comparative Law
"Our economic analysis has disclosed the fact that it is only the interests of competing cliques of business men-investors, contractors, export manufacturers, and certain professional classes-that are antagonistic; that these cliques, usurping the authority and voice of the people, use the public resources to push their private interests, and spend the blood and money of the people in this vast and disastrous military game, feigning national antagonisms which have no basis in reality."'
Privatization, Efficiency, Gender, Development, And Inequality— Transnational Conflicts Over Access To Water And Sanitation, Srini Sitaraman
Privatization, Efficiency, Gender, Development, And Inequality— Transnational Conflicts Over Access To Water And Sanitation, Srini Sitaraman
Human Rights & Human Welfare
A review of:
Earth Democracy: Justice, Sustainability, and Peace by Vandana Shiva. Boston, MA: South End Press, 2005.
and
Gender, Water, and Development edited by Anne Coles and Tina Wallace. New York: Berg, 2005.
and
Dams and Development: Transnational Struggles for Water and Power by Sanjeev Khagram. Ithaca, NY: Cornell University Press, 2004.
Introduction: Private Ordering In A Globalizing World: Still Searching For The Basics Of Contract, Peer Zumbansen
Introduction: Private Ordering In A Globalizing World: Still Searching For The Basics Of Contract, Peer Zumbansen
Indiana Journal of Global Legal Studies
Governing Contracts - Public and Private Perspectives, Symposium. Osgoode Hall Law School, Toronto, November 9-10, 2006
Mercenaries And Other Ways Of Breaking The Law: Why Our Blood Should Boil, Judith Blau
Mercenaries And Other Ways Of Breaking The Law: Why Our Blood Should Boil, Judith Blau
Human Rights & Human Welfare
Among the many consequences of the terrorist attacks of 9/11, the absence of investigative journalism and critical reflection in the U.S. is, perhaps, the most troubling; though we are now seeing a reversal of this trend. Jeremy Scahill has been one of the brightest and best examples of this reversal, relentlessly pursuing a trail of wrongdoing involving the U.S. government and private corporations.
Can The Next American President Switch The Tracks?, Harry Kreisler
Can The Next American President Switch The Tracks?, Harry Kreisler
Human Rights & Human Welfare
For decades the Washington mantra has been privatization. As Secretary of Defense in Bush 41’s administration and as CEO of Haliburton, Dick Cheney was influential in the application of this idea to defense policy. Now as Vice President of the United States, he and his coterie of followers have taken the idea to a new level. According to Jeremy Scahill, the United States has reached a tipping point in waging the Iraq war, with dire consequences for defense policy, democratic accountability, and the global perception of who we are and what we stand for.
July Roundtable: Introduction
Human Rights & Human Welfare
An annotation of:
“Outsourcing the War ” by Jeremy Schaill. The Nation. May 28, 2007.
Private Military Industry And The Laws Of War, Mahmood Monshipouri
Private Military Industry And The Laws Of War, Mahmood Monshipouri
Human Rights & Human Welfare
The “war on terrorism,” according to Jeremy Scahill, has led to the most privatized war in the history of the United States of America: the war in Iraq, waged partially by private security contractors who are, for the most part, accountable to no higher legal-political authority. This brings us to an obvious question: Is this type of warfare an imperative part of counterterrorism?
Rooting The Privatization Of War In A Broader Political Context, Ali Wyne
Rooting The Privatization Of War In A Broader Political Context, Ali Wyne
Human Rights & Human Welfare
On the issue of military outsourcing, I think that it would be valuable to place Jeremy Scahill’s research and critique in a broader context.
Privatization And The Human Right To Water: Challenges For The New Century, Melina Williams
Privatization And The Human Right To Water: Challenges For The New Century, Melina Williams
Michigan Journal of International Law
This Note considers implications for the human fight to water in the context of the trend toward privatization of water supplies. Part II examines the legal bases of the right to water, and Part III discusses the potential obligations that arise from it. Part IV then looks at the interaction between the fight to water and arrangements to privatize water supplies. This Note posits that human rights law does not simply support or oppose privatization of water supplies and services. Rather, bringing a human rights perspective to the problem of providing water to the world's population both clarifies the minimum …
Privatization, Prisons, Democracy, And Human Rights: The Need To Extend The Province Of Administrative Law, Alfred C. Aman
Privatization, Prisons, Democracy, And Human Rights: The Need To Extend The Province Of Administrative Law, Alfred C. Aman
Indiana Journal of Global Legal Studies
Back to Government?: The Pluralistic Deficit in the Decisionmaking Processes and Before the Courts, Symposium. University of Trento, Italy, June 11-12, 2004.
Globalization, Democracy, And The Need For A New Administrative Law, Alfred C. Aman
Globalization, Democracy, And The Need For A New Administrative Law, Alfred C. Aman
Indiana Journal of Global Legal Studies
Globalization and Governance: The Prospects for Democracy, Symposium
Corporatization And Privatization: A Chinese Perspective, Yuwa Wei
Corporatization And Privatization: A Chinese Perspective, Yuwa Wei
Northwestern Journal of International Law & Business
Although the enterprise reform in China has its own causes, it conforms to the current movement of commercializing public enterprises in a global sense. Thus, over the course of its enterprise reform, China has the advantage of drawing lessons and gaining wisdom from the experience of other jurisdictions. Consequently, China may achieve two goals, commercializing its public sector and standardizing the practice of its corporatized enterprises, at the same time. Meanwhile, the Chinese enterprise reform will provide an interesting case for comparative study, since the country is pioneering a different path in the process of corporatizing and privatizing its public …
Polish Communications Law: Telecommunications Takes Off In Transition Countries But At What Price Are They Becoming Wired?, Jennifer L. Feltham
Polish Communications Law: Telecommunications Takes Off In Transition Countries But At What Price Are They Becoming Wired?, Jennifer L. Feltham
Vanderbilt Journal of Transnational Law
Internationally, the urge to expand and improve telecommunications services is spreading. Transition countries, attempting the leap from Third World status to becoming world leaders, have caught the fever and have attempted to reform their regulations governing telecommunications. In large part these laws have induced slow liberalization of the communications sector with an intrusive regulatory agency guarding every step taken towards privatization. The World Trade Organization's General Agreement on Trade in Services (GATS) encourages transition countries to use privatization as a way to increase funding for communications equipment. Many transition countries signed the GATS agreement in the hope of attracting international …
Globalizing The Rule Of Law: Some Thoughts At And On The Periphery, Maxwell O. Chibundu
Globalizing The Rule Of Law: Some Thoughts At And On The Periphery, Maxwell O. Chibundu
Indiana Journal of Global Legal Studies
No abstract provided.
A Survey Of Florida Law Governing Foster Care In Comparison To The United Kingdom And Canada, Alyssa R. Zebrowsky
A Survey Of Florida Law Governing Foster Care In Comparison To The United Kingdom And Canada, Alyssa R. Zebrowsky
ILSA Journal of International & Comparative Law
A grand jury report issued in the spring of 1998 provided that the children of Broward County, Florida, placed in the protection of the Department of Children and Families ("DCF"), are in peril.
Renegotiating Previous Governments' Privatization Deals: The 1997 U.K. Windfall Tax On Utilities And International Law, Thomas W. Waelde, Abba Kolo
Renegotiating Previous Governments' Privatization Deals: The 1997 U.K. Windfall Tax On Utilities And International Law, Thomas W. Waelde, Abba Kolo
Northwestern Journal of International Law & Business
Investment in privatized utilities leads to a very particular form of political risk--the risk that regulatory conditions change and special taxes are imposed, all measures within the sovereign powers of the state. The normal forms of protection against political risk (investment insurance, stabilization clauses, international investment treaties and international arbitration clauses) have not yet caught up with the emergence of new forms of political risk. The 1997 UK windfall tax announced by the Chancellor of the Exchequer in that year's budget speech is a case in point. This issue is not limited purely to the contemporary UK situation, but illustrates …
The Privatization And Project Finance Adventure: Acquiring A Colombian Public Utility Company, Mario Andrade, Mario A. De Castro
The Privatization And Project Finance Adventure: Acquiring A Colombian Public Utility Company, Mario Andrade, Mario A. De Castro
Northwestern Journal of International Law & Business
Colombia is an exciting new arena for the international practitioner structuring project finance and privatization transactions. The sectors of the economy that are attractive targets for most multinationals (MNCs) entering Colombia are the energy, oil and gas, mining, water, and telecommunications sectors. In most cases, MNCs in these sectors consider investments in Colombia when the Colombian authorities announce a plan for the privatization or capitalization of state-run companies that have a monopoly on business. Often the MNC becomes aware of the privatization, concession, or capitalization project via an official announcement by the Colombian government calling for bids or an invitation …
The Body As Commodity: The Use Of Markets To Cure The Organ Deficit, David E. Jefferies
The Body As Commodity: The Use Of Markets To Cure The Organ Deficit, David E. Jefferies
Indiana Journal of Global Legal Studies
No abstract provided.
Bankruptcy In The Czech Republic, Hungary, And Poland And Section 304 Of The United States Bankruptcy Code, Proceedings Ancillary To Foreign Bankruptcy Proceedings, Helmut Gerlach
Maryland Journal of International Law
No abstract provided.
Overcoming The Legal And Historical Obstacles To Privitization: The Telecommunications Sector In Thailand, Joseph C. Blasko
Overcoming The Legal And Historical Obstacles To Privitization: The Telecommunications Sector In Thailand, Joseph C. Blasko
Case Western Reserve Journal of International Law
No abstract provided.
International Law And Private Foreign Investment, Elihu Lauterpacht, C.B.E., Q.C.
International Law And Private Foreign Investment, Elihu Lauterpacht, C.B.E., Q.C.
Indiana Journal of Global Legal Studies
No abstract provided.
Stop Stomping On The Rest Of Us: Retrieving Publicness From The Privatization Of The Globe, Zillah Eisenstein
Stop Stomping On The Rest Of Us: Retrieving Publicness From The Privatization Of The Globe, Zillah Eisenstein
Indiana Journal of Global Legal Studies
Professor Eisenstein's article discusses the effects of globalization on the
relationship between privatization and public responsibility and how this
dynamic impacts the future of women across the globe. She argues that the
global growth of privatization in the North and West has disseminated around
the world to the detriment of women. Privatization, she contends, has been
accepted as the agenda of politicians for the late twentieth century, and public
responsibility has been lost as a result.
According to Professor Eisenstein, globalization has been essentially an
economic process in which a global economy surfaces without differences or
borders. The global economy, …