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Articles 1 - 11 of 11

Full-Text Articles in Law

Defining “Unduly”: Resolving Inherent Textual Ambiguity In The Imo’S Ballast Water Management Convention, John R. Bobka Oct 2018

Defining “Unduly”: Resolving Inherent Textual Ambiguity In The Imo’S Ballast Water Management Convention, John R. Bobka

William & Mary Law Review

No abstract provided.


Should Foreign Pension Funds With U.S. Investments Pay U.S. Tax?, Cynthia Blum Apr 2017

Should Foreign Pension Funds With U.S. Investments Pay U.S. Tax?, Cynthia Blum

William & Mary Business Law Review

U.S. and foreign pension funds are investing heavily outside of their home countries. With the aging of the world’s population, this trend will likely intensify. Most countries, including the U.S., accord a tax exemption to certain qualified pension funds organized within their own country; however, when a foreign pension fund invests in the U.S., the U.S. tax code does not recognize its tax exemption. Responding to the need to attract greater investment in U.S. infrastructure, Congress in 2015 enacted a new provision ameliorating the tax treatment of foreign pension plans investing in U.S. real estate. This Article examines whether the …


The Global Cost Of Green: Recent Trade Issues And Litigation Between The United States And China May Dissolve Global Green Cooperation, David P. Vincent Dec 2014

The Global Cost Of Green: Recent Trade Issues And Litigation Between The United States And China May Dissolve Global Green Cooperation, David P. Vincent

William & Mary Environmental Law and Policy Review

This Article begins by looking at how China has moved forward in embracing green technology development, the government’s role in that growth and whether its support is truly harmful on a global scale. It highlights key laws in the United States and the WTO involving trade—specifically subsidies, countervailing duties and anti-dumping regulations. An examination of recent trade cases involving the United States and China is followed by an analysis of America’s recent trade-oriented actions and legislation. Lastly, this Article will consider the legal implications of recent trade developments between these countries as well as policy implications, including the effect on …


Untethered Norms After Erie Railroad Co. V. Tompkins: Positivism, International Law, And The Return Of The "Brooding Omnipresence", Lea Brilmayer Feb 2013

Untethered Norms After Erie Railroad Co. V. Tompkins: Positivism, International Law, And The Return Of The "Brooding Omnipresence", Lea Brilmayer

William & Mary Law Review

No abstract provided.


Climate Change, Environmental Degradation, And Migration: A Complex Nexus, Mostafa Mahmud Naser May 2012

Climate Change, Environmental Degradation, And Migration: A Complex Nexus, Mostafa Mahmud Naser

William & Mary Environmental Law and Policy Review

The individual or combined effects of climate change are likely to trigger mass human movement both within and across international borders. The United Nations High Commissioner for Refugees (“UNHCR”) predicts that between 50 and 200 million people may be displaced by 2050. Thus, the human impact on the environment is creating a new kind of global casualty for the twenty-first century—an emergent class of environmental migrants. The exact number of individuals cannot be predicted as scholars and international agencies provide varying statistics depending on underlying methods, scenarios, time frames, and assumptions. Many authors challenge the concept of climate change as …


Effectiveness Of Environmental Law: What Does The Evidence Tell Us?, Michael Faure Feb 2012

Effectiveness Of Environmental Law: What Does The Evidence Tell Us?, Michael Faure

William & Mary Environmental Law and Policy Review

No abstract provided.


Mitigating Global Climate Change: Designing A Dynamic Convention To Combat A Dynamic Risk, Phillip M. Kannan Feb 2012

Mitigating Global Climate Change: Designing A Dynamic Convention To Combat A Dynamic Risk, Phillip M. Kannan

William & Mary Environmental Law and Policy Review

No abstract provided.


Exporting Waste: Regulations Of The Export Of Hazardous Wastes From The United States, Jeffrey M. Gaba Feb 2012

Exporting Waste: Regulations Of The Export Of Hazardous Wastes From The United States, Jeffrey M. Gaba

William & Mary Environmental Law and Policy Review

No abstract provided.


India's Nuclear Civil Liability Bill And Supplier's Liability: One Step Towards Modernizing The Outdated International Nuclear Liability Regime, Arya Hariharan Dec 2011

India's Nuclear Civil Liability Bill And Supplier's Liability: One Step Towards Modernizing The Outdated International Nuclear Liability Regime, Arya Hariharan

William & Mary Environmental Law and Policy Review

No abstract provided.


A Survey Of State Renewable Portfolio Standards: Square Pegs For Round Climate Change-Holes?, Ivan Gold, Nidhi Thakar Nov 2010

A Survey Of State Renewable Portfolio Standards: Square Pegs For Round Climate Change-Holes?, Ivan Gold, Nidhi Thakar

William & Mary Environmental Law and Policy Review

Thirty states now have renewable portfolios standards that require generators of electricity to increase their use of renewable energy. Originally intended to promote “energy independence” and other environmental goals, today the programs are among the few U.S. programs which respond to the threat of global warming. This article considers how they work and whether they are effective. It concludes that, in the absence of comprehensive international or federal greenhouse gas controls, renewable portfolio standards are an effective and productive means to retard global warming.


The Interaction Of Customary Law And Microfinance: Women's Entry Into The World Economy, Shana Hofstetter Feb 2008

The Interaction Of Customary Law And Microfinance: Women's Entry Into The World Economy, Shana Hofstetter

William & Mary Journal of Race, Gender, and Social Justice

This note examines the complicated relationship between microfinance and customary law. Microfinance, the practice of giving small, collateral-free loans to the poorest members of society, has gained great popularity in the last thirty years. These loan programs specifically target women and use women's traditional emphasis on groups to ensure success. Customary law can hinder microfinance ventures because of the restrictions these laws place on women's roles and responsibilities. Case studies on the Dominican Republic, Morocco, and Bangladesh explore how individual customary laws can hinder microfinance programs and women's micro-businesses. This note also discusses how microfinance programs act as catalysts of …