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Full-Text Articles in Law
Heads I Win, Tails You Lose: Uncertainty And The Protection Of Biodiversity From Invasive Alien Species, Sophie Riley
Heads I Win, Tails You Lose: Uncertainty And The Protection Of Biodiversity From Invasive Alien Species, Sophie Riley
Sophie Riley
Scientists anticipate that the problem of invasive alien species will be exacerbated by co-stressors of biodiversity, such as land clearing and climate change. One of the most effective means of regulating invasive alien species is to prevent their entry by implementing rigorous quarantine measures with strong border controls. Yet, regulators face constant uncertainty with regard to the impact of invasive alien species on biodiversity, and the need to navigate a range of opinions on how best to deal with uncertainty. These difficulties are illustrated by the differing approaches to uncertainty embodied by the World Trade Organization on the one hand …
Rebates, Subsidies, And Carbon Regulation: The Ascm And Climate Policy, Tristan Brown
Rebates, Subsidies, And Carbon Regulation: The Ascm And Climate Policy, Tristan Brown
Tristan R Brown
In 2009 the United States House of Representatives passed cap-and-trade legislation in the form of the American Clean Energy and Security Act. This legislation may violate certain provisions of the Agreement on Subsidies and Countervailing Measures, to which the United States is a party to. In particular, the legislation may violate the sections of the Agreement prohibiting the allocation of government subsidies to domestic industries. This paper explores the aspects of the legislation that are most likely to violate the Agreement and discusses alternative methods of regulating carbon that are compatible with it.
Is It Greek Or Déjà Vu All Over Again?: Neoliberalism, And Winners And Losers Of International Debt Crises, Tayyab Mahmud
Is It Greek Or Déjà Vu All Over Again?: Neoliberalism, And Winners And Losers Of International Debt Crises, Tayyab Mahmud
Tayyab Mahmud
The global financial meltdown and the Great Recession of 2007-09 have brought into sharp relief the uneven distribution of gain and pain in economic crises. The 2009-10 debt crisis of Greece has resulted in a windfall for financial institutions at the expense of tax-payers, a rollback of welfare systems, and impoverishment of the working classes. This result is in tune with a pattern evidenced by the ubiquitous international debt crises of the last three decades, including the Latin American crisis of the 1980s, and the Asian crisis of 1990s. The recurrent international debt crises of the last three decades and …
A Comparison Of The Income Tax Systems In The United States And Germany: The Rugged Individualist Meets The Social Activist, Walter Schwidetzky
A Comparison Of The Income Tax Systems In The United States And Germany: The Rugged Individualist Meets The Social Activist, Walter Schwidetzky
Walter D Schwidetzky
There is more than one road up the mountain. Different countries find different solutions to raising revenues and taxing their citizens. The United States tends to be a bit inbred about tax policy decisions, rarely looking outside of its own borders for answers. Yet other countries may have looked at a given issue and come up with intelligent answers that could helpfully inform U.S. decisions. The converse is, of course, also the case. One of the striking things about doing comparative tax analysis is how differently, but legitimately, different countries can answer the same question. There also times when one …
It Takes Two To Tango, And To Mediate: Legal Cultural And Other Factors Influencing United States And Latin American Lawyers' Resistance To Mediating Commercial Disputes, Don Peters
Don Peters
This article examines legal cultural and other factors influencing the resistance displayed by United States and Latin American lawyers to mediating commercial disputes. After surveying current contexts in which commercial mediation occurs in the United States and Latin American countries and summarizing data regarding commercial actors’ knowledge concerning the benefits of mediating, it analyzes the relatively infrequent use of mediation despite knowledge of its potential advantages over adjudicating. Focusing on lawyers, the article next explores factors that influence U.S. and Latin American lawyers when they converse with commercial clients about selecting dispute resolution methods. Analyzing similarities arising from universal decision-making …
China En América Latina: Derecho, Economía Y Desarrollo Sostenible, Carmen G. Gonzalez
China En América Latina: Derecho, Economía Y Desarrollo Sostenible, Carmen G. Gonzalez
Carmen G. Gonzalez
Los crecientes vínculos económicos y políticos entre China y América Latina han desatado controversias entre académicos, eruditos en la materia, y personas encargadas de elaborar políticas. Algunos académicos afirman que China es una potencia imperial emergente, comprometida en la lucha por obtener los recursos del mundo en desarrollo, y una amenaza competitiva para América Latina. Otros aplauden las estrategias de desarrollo chinas, pragmáticas y poco ortodoxas, y las describen como un modelo exitoso para los países en desarrollo. El presente artículo pone en duda las narratives predominantes sobre la cresciente influencia de China en América Latina, e interroga las implicaciones …
The Global Food Crisis: Law, Policy, And The Elusive Quest For Justice, Carmen G. Gonzalez
The Global Food Crisis: Law, Policy, And The Elusive Quest For Justice, Carmen G. Gonzalez
Carmen G. Gonzalez
The food crisis of 2008, the subsequent financial crisis, and the ongoing climate crisis have created new challenges to the attainment of global food security. This essay examines the historic and current practices that have contributed to food insecurity in developing countries, and recommends several steps that the international community might take to promote the fundamental human right to food. The essay begins by outlining the trade and aid policies that laid the foundation for food insecurity in the global South from colonialism until the early twenty-first century. It then examines the impact of the financial crisis and the climate …
China In Latin America: Law, Economics, And Sustainable Development, Carmen G. Gonzalez
China In Latin America: Law, Economics, And Sustainable Development, Carmen G. Gonzalez
Carmen G. Gonzalez
The growing economic and political ties between China and Latin America have sparked controversy among scholars, pundits, and policy-makers. Some scholars contend that China is a rising imperial power scouring the globe for natural resources, exploiting less powerful nations, and rejecting international environmental agreements that would curb its profligate consumption of the world’s natural resources. Others applaud China’s unorthodox development strategies and portray China as a successful model for developing countries and as a welcome counterweight to U.S. economic and political hegemony. This paper interrogates the competing narratives about China’s growing influence in Latin America and examines the implications of …
El Liberalismo Neoclásico , El Libre Mercado Y Sus Críticos, Carmen G. Gonzalez, Colin Crawford, Daniel Bonilla Maldonado
El Liberalismo Neoclásico , El Libre Mercado Y Sus Críticos, Carmen G. Gonzalez, Colin Crawford, Daniel Bonilla Maldonado
Carmen G. Gonzalez
The articles collected in this volume critically examine the hegemony of market fundamentalism in law, politics, and social theory. They question the underlying premises of market fundamentalism as well as the social, economic, cultural and environmental consequences of policies inspired by this ideology. The authors represent several disciplines (law, economics, anthropology) and various countries (Argentina, Brazil, Colombia, Mexico, the United States, and Venezuela). The topics covered include free trade agreements, Argentina's financial crisis, deregulation in Brazil, the judicial enforcement of economic and social rights, climate change, and the impact of trade liberalization on violence against women. The articles were originally …
Finding Common Ground In The Soil Of Culture, Phyllis E. Bernard
Finding Common Ground In The Soil Of Culture, Phyllis E. Bernard
Phyllis E. Bernard
No abstract provided.
Global Warming: A Second Coming For International Law?, Deepa Badrinarayana
Global Warming: A Second Coming For International Law?, Deepa Badrinarayana
Deepa Badrinarayana
Currently, there are no adequate mechanisms under international law to balance the competing tensions climate change presents to state sovereignty. On one hand, climate change threatens state sovereignty because the catastrophic loss of life and property of millions of people would deprive states of control over their domestic territories. Yet, other states rely on claims of their sovereignty to reject international legal obligations to mitigate climate change. This Article attributes the inadequacy of international law in the climate context to the evolution of the international community into an economic union that has historically privileged material interests over legal rights. It …