Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- International Law (5)
- Business Organizations Law (4)
- Comparative and Foreign Law (4)
- Legislation (3)
- Energy and Utilities Law (2)
-
- Legal Remedies (2)
- Torts (2)
- Air and Space Law (1)
- Antitrust and Trade Regulation (1)
- Banking and Finance Law (1)
- Commercial Law (1)
- Courts (1)
- Criminal Law (1)
- Disaster Law (1)
- Environmental Law (1)
- Human Rights Law (1)
- International Trade Law (1)
- Organizations Law (1)
- Public Law and Legal Theory (1)
- Securities Law (1)
- Transnational Law (1)
Articles 1 - 12 of 12
Full-Text Articles in Law
Against Balancing: Revisiting The Use/Regulation Distinction To Reform Liability And Compensation Under Investment Treaties, Jonathan Bonnitcha, Emma Aisbett
Against Balancing: Revisiting The Use/Regulation Distinction To Reform Liability And Compensation Under Investment Treaties, Jonathan Bonnitcha, Emma Aisbett
Michigan Journal of International Law
Investment treaties generate mutual benefits for host states and foreign investors to the extent that they discipline opportunistic conduct by host states. Investment treaties do not necessarily generate mutual benefits insofar as they constrain states’ ability to respond to new information or to change their policy priorities. In a companion paper, we use the tools of law and economics to formalize and clarify the relationship between problems of opportunism on the one hand, and new information and shifts in policy priorities on the other. On this basis, we develop a proposal to reform the legal principles that govern liability and …
Promoting Predictability In Business: Solutions For Overlapping Liability In International Anti-Corruption Enforcement, Andrew T. Bulovsky
Promoting Predictability In Business: Solutions For Overlapping Liability In International Anti-Corruption Enforcement, Andrew T. Bulovsky
Michigan Journal of International Law
This Note evaluates solutions to the problems of overlapping liability in general and multi-jurisdictional disgorgement in particular. Part I traces the origins of international anti-corruption efforts and provides an overview of the Foreign Corrupt Practices Act (the “FCPA”). It then discusses the two most significant international anti-corruption conventions: the OECD’s Convention on Combatting Bribery of Foreign Officials in International Business Transactions (the “OECD Convention”) and the United Nations Convention Against Corruption (“UNCAC”). Part II lays out the problems created by the lack of a formal mechanism to prevent overlapping liability— a phenomenon that violates the common law concept known as …
International Civil Individual Responsibility And The Security Council: Building The Foundations Of A General Regime, Vincent-Joël Proulx
International Civil Individual Responsibility And The Security Council: Building The Foundations Of A General Regime, Vincent-Joël Proulx
Michigan Journal of International Law
This Article focuses on a few tools at the disposal of the United Nations Security Council (“UNSC”) to enhance individual (read: civil) responsibility concerning nonstate terrorist actors with a view to opening other avenues of inquiry regarding other subversive nonstate actors (“NSAs”), for instance in the areas of transnational torts, human rights (“HR”) violations, and environmental damage caused by business entities. As discussed in Part V, recent developments surrounding the application of the Alien Tort Claims Act (“ATCA”) in the United States and the prospect of establishing a basis for universal civil jurisdiction further signal that no such solid basis …
Shared Responsibility In International Law: A Conceptual Framework, Andre Nollkaemper, Dov Jacobs
Shared Responsibility In International Law: A Conceptual Framework, Andre Nollkaemper, Dov Jacobs
Michigan Journal of International Law
In this Article we explore the phenomenon of shared international responsibility among multiple actors that contribute to harmful outcomes that international law seeks to prevent. We examine the foundations and manifestations of shared responsibility, explain why international law has had difficulty in grasping its complexity, and set forth a conceptual framework that allows us to better understand and study the phenomenon. Such a framework provides a basis for further development of principles of international law that correspond to the needs of an era characterized by joint and coordinated, rather than independent, action.
Enforcing International Corrupt Practices Law, Paul D. Carrington
Enforcing International Corrupt Practices Law, Paul D. Carrington
Michigan Journal of International Law
This Essay strives to advance the current international movement to deter the transnational corrupt practices that have long burdened the global economy and weakened governments, especially in "developing" nations. Laws made in the last decade to address this longstanding global problem have not been effectively enforced. Described here are the moderately successful efforts in the United States since 1862 to reward private citizens serving as enforcers of laws prohibiting corrupt practices. It is suggested that this American experience might be adapted by international organizations to enhance enforcement of the new public international laws.
Balancing Judicial Cognizance And Caution: Whether Transnational Corporations Are Liable For Foreign Bribery Under The Alien Tort Statute, Matt A. Vega
Michigan Journal of International Law
In the process of applying the ATS to foreign bribery, this Article will examine several unresolved issues surrounding this statutory grant. It will seek to (1) determine what constitutes a "violation of the law of nations," (2) refute the proposition that private defendants may be prosecuted under the ATS for only the most shocking and egregious jus cogens violations, (3) determine when and to what extent state action is required in ATS litigation, and (4) examine the limitations of the fundamental principles of international law on ATS litigation.
Administrative Governance As Corporate Governance: A Partial Explanation For The Growth Of China's Stock Markets, David A. Caragliano
Administrative Governance As Corporate Governance: A Partial Explanation For The Growth Of China's Stock Markets, David A. Caragliano
Michigan Journal of International Law
This Note argues that during the first decade of stock market development (roughly 1990-2000) Chinese institutions, which emphasized administrative direction and control, functioned in lieu of legal and financial institutions. Preexisting modes of administrative governance introduced incentives that mitigated information asymmetry problems inherent in initial public offerings (IPOs) and contributed to enhanced market valuation during the post-IPO phase. The author focuses on two sui generis Chinese institutions employed during this time period: the quota system for equity share issuance and the Special Treatment (ST) system for underperforming issuers. In short, the thesis is that administrative governance substituted for corporate governance.
Policing Illicit U.S. Business Actions Overseas, Paula Stern, Alexander W. Koff
Policing Illicit U.S. Business Actions Overseas, Paula Stern, Alexander W. Koff
Michigan Journal of International Law
Review of The Foreign Corrupt Practices Act: Coping with Corruption in Transitional Economies by Jeffrey P. Bialos & Gregory Husisian
Controlling The Environmental Consequences Of Power Development In The People's Republic Of China, Homer Sun
Controlling The Environmental Consequences Of Power Development In The People's Republic Of China, Homer Sun
Michigan Journal of International Law
This Note proposes a strategy to mitigate the environmental degradation resulting from China's power development. Part I introduces China's power industry - its excessive dependence on coal, its antiquated and inefficient infrastructure, its pollutive effects, and its projected expansion. Part II appraises the ways in which China's environmental laws, macroeconomic controls, and foreign investment restrictions influence the growth of power development and its corresponding effect on the environment. Part III assesses the role that governments, development banks, and international organizations can play in curbing the environmental impact of Chinese power projects. Considering the problems associated with current Chinese and international …
The Need For An Effective Liability Régime For Damage Caused By Debris In Outer Space, James P. Lampertius
The Need For An Effective Liability Régime For Damage Caused By Debris In Outer Space, James P. Lampertius
Michigan Journal of International Law
The purpose of this Note is to point out the failure of the current liability system to provide for an adequate legal mechanism of recovery for damage or loss of life caused by collisions with space debris. International responsibility for national activities in outer space is a fundamental principle of international law. Yet a claim attributed to damage by space debris is "difficult, if not impossible, to prove" under the current liability system. This Note analyzes the major difficulties in establishing liability for damage and presents a number of solutions to overcome these obstacles to recovery.
Cherobyl: Its Implications For International Aromic Energy Regulation, Diana K. Brown
Cherobyl: Its Implications For International Aromic Energy Regulation, Diana K. Brown
Michigan Journal of International Law
The first section of this note focuses on the IAEA's role in the existing network of international organizations designed to improve nuclear power plant safety. The second section examines the implications of the Chernobyl accident for international cooperation in the nuclear field. The final section proposes several improvements for nuclear safety management, and is subdivided accordingly. The first subsection analyzes the incident reporting systems of the IAEA and the Nuclear Energy Agency and recommends amending the IAEA Convention on Early Notification of a Nuclear Accident to ensure that all nuclear incidents, as well as accidents, are covered by its terms. …
The Joint Enterprise: Collaboration Between The Public And Private Sectors, Howard Anawalt, Karen Robbins
The Joint Enterprise: Collaboration Between The Public And Private Sectors, Howard Anawalt, Karen Robbins
Michigan Journal of International Law
This article first outlines the structures of the joint and tripartite enterprises. It then addresses two legal concerns facing an operational enterprise, the potential tort liability of enterprise participants and antitrust restrictions. Tort liability is a threshold concern of any joint venture or partnership, and antitrust law is a basic constraint on the operations of any business. The article proceeds to show that the problems they pose for a joint enterprise can be minimized or avoided. In the third part of the article the authors demonstrate the special utility of the joint enterprise.