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2001

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Articles 9181 - 9193 of 9193

Full-Text Articles in Law

Introduction: Hispanismo As Leverage: Latcrit Questions Spain's Motives, Angelia Padin Jan 2001

Introduction: Hispanismo As Leverage: Latcrit Questions Spain's Motives, Angelia Padin

University of Miami International and Comparative Law Review

No abstract provided.

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Getting From Salbu To The Tipping Point: The Role Of Corporate Action Within A Portfolio Of Anti-Corruption Strategies, Thomas W. Dunfee, David Hess Jan 2001

Getting From Salbu To The Tipping Point: The Role Of Corporate Action Within A Portfolio Of Anti-Corruption Strategies, Thomas W. Dunfee, David Hess

Northwestern Journal of International Law & Business

Salbu's "big questions" identify core issues for scholars on bribery and corruption. Salbu asks: (1) when may it be ethical to pay a bribe, (2) whether the Foreign Corrupt Practices Act's ("FCPA") provisions on "routine government action" permit us to distinguish between appropriate and inappropriate facilitative payments, (3) whether non-governmental organizations ("NGOs") should supplant the role of governments in fighting corruption, and (4) whether corporate principles can have an impact in the fight against corruption. Our focus is primarily on the latter question, but encompasses all of them. Implicit in Salbu's list is the question of whether a single magic …

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Foreign Investment Companies Limited By Shares: The Latest Chinese Organization For Major International Ventures, Jim Jinpeng Zhang, Jung Y. Lowe Jan 2001

Foreign Investment Companies Limited By Shares: The Latest Chinese Organization For Major International Ventures, Jim Jinpeng Zhang, Jung Y. Lowe

Northwestern Journal of International Law & Business

Foreign Investment Companies Limited By Shares ("FICLBS") is one of the most important recent innovations in the People's Republic of China's ("China") foreign-invested enterprises law. Since January 10, 1995, China has authorized use of the FICLBS and, for the first time, it more closely resembles major corporate organizations used by international foreign investors.! So far over eighteen FICLBS have been approved for operation through 1999, with combined actual foreign investment of USD 1.2 billion.2 FICLBS has the potential to be the ideal organization for major international investment in China after it joins the World Trade Organization. The FICLBS can issue …

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Switzerland & The International Trade In Art & Antiquities, Michele Kunitz Jan 2001

Switzerland & The International Trade In Art & Antiquities, Michele Kunitz

Northwestern Journal of International Law & Business

Recently, Switzerland has proposed a law that would significantly tighten its regulation of the antiquities trade. The draft law seeks to comport Swiss law with the broad goals of international conventions on the protection and transfer of cultural property. However, given Switzerland's past reluctance to curtail the illicit trade in antiquities, it remains unclear whether this measure will pass or if passed, whether the law would be adequately enforced. The primary aim of this Comment is to detail the history of international law as it pertains to cultural property and draw attention to the Swiss role in fostering the illicit …

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International Regulatory Responses To Derivative Crises: The Role Of The U.S. Commodity Futures Trading Commission , Brooksley Born Jan 2001

International Regulatory Responses To Derivative Crises: The Role Of The U.S. Commodity Futures Trading Commission , Brooksley Born

Northwestern Journal of International Law & Business

Over the past decade, as derivatives markets - and particularly the over-the-counter ("OTC") market - have become increasingly global in nature, the U.S.. Commodity Futures Trading Commission ("CFTC") - the federal regulatory agency that oversees futures and commodity option trading' - has played an active role in fostering international regulatory cooperation. The technology of the information age, allowing instant communication and electronic trading, has revolutionized financial markets, instituting around-the-clock, around-the-globe trading, globally active market users and market intermediaries, and an increasing pace of market innovation. Market crises now have the potential for widespread financial impact and require international regulatory response. …

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Multinational Regulatory Competition And Single-Stock Futures , Frank Partnoy Jan 2001

Multinational Regulatory Competition And Single-Stock Futures , Frank Partnoy

Northwestern Journal of International Law & Business

Whereas these first two forms of regulatory competition are well documented and covered in the legal literature, the third form - which I call "multinational regulatory competition" - is newer and more difficult to characterize. Accordingly, any claims about future regulatory competition in this form necessarily are speculative. By "multinational regulatory competition," I mean competition occurring when a group of regulators from more than one sovereign forms a partnership as a multinational regulator and then seeks to compete with other groups of regulators, also formed from more than one sovereign. There is some recent empirical evidence that regulatory trends in …

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Transnational Bribery: The Big Questions, Steven R. Salbu Jan 2001

Transnational Bribery: The Big Questions, Steven R. Salbu

Northwestern Journal of International Law & Business

During the past few years, I have written extensively on the subject of transnational bribery. My articles have examined several aspects of this serious problem,' including the Foreign Corrupt Practices Act ("FCPA"), 2 re-cent multilateral global conventions to fight bribery,3 and the comparative costs and benefits of legislative versus systemic or institutional forms of change.4 This body of work also has addressed some of the problems that can accompany aggressive legal remedies, such as potential cultural imperialism5 and global discord.6 This examination has been rewarding, and it has spurred a rich exchange with a number of very talented scholars, as …

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An Essential Element Of Fair Trade And Sustainable Development In The Ftaa Is An Enforceable Social Clause, Terry Collingsworth Jan 2001

An Essential Element Of Fair Trade And Sustainable Development In The Ftaa Is An Enforceable Social Clause, Terry Collingsworth

Richmond Journal of Global Law & Business

Multinational companies (“MNCs”) and governments that are fantasizing about a Free Trade Area of the Americas (“FTAA”) should accept the reality that the FTAA is not politically viable for the time being unless the issues of labor rights and other social conditions are addressed in a manner demonstrating that these rights are consistent with commercial rights that are protected in careful detail in many pages of the draft FTAA agreement.

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Workers’ Rights: A Winding Road In The Trucking Dispute Between The United States And Mexico, Michael S. Plotkin Jan 2001

Workers’ Rights: A Winding Road In The Trucking Dispute Between The United States And Mexico, Michael S. Plotkin

Richmond Journal of Global Law & Business

No abstract provided.

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Volume 33 Issue 2 (2001), Cwru Journal Of International Law Jan 2001

Volume 33 Issue 2 (2001), Cwru Journal Of International Law

Case Western Reserve Journal of International Law

No abstract provided.

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The Global Schoolyard Bully: The Organisation For Economic Co-Operation And Development's Coercive Efforts To Control Tax Competition, Alexander Townsend, Jr. Jan 2001

The Global Schoolyard Bully: The Organisation For Economic Co-Operation And Development's Coercive Efforts To Control Tax Competition, Alexander Townsend, Jr.

Fordham International Law Journal

This Comment seeks to analyze the OECD's effort to curb tax competition. Section I of this Comment provides background information of the emergence of international taxation and the remedial measures historically enacted to address global fiscal issues, notably double taxation. This section will also outline the OECD's emergence and role in international taxation issues. Furthermore, this section will discuss globalization and its contribution to the growth of preferential tax regimes, thus facilitating the OECD's remedial effort. Section II analyzes the OECD's reports, "Harmful Tax Competition: An Emerging Global Issue" ("1998 Report") and "Towards Global Tax Co-operation: Progress in Identifying and …

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Along The Spectrum Of Women's Rights Advocacy: A Cross-Cultural Comparison Of Sexual Harassment Law In The United States And India, Louise Feld Jan 2001

Along The Spectrum Of Women's Rights Advocacy: A Cross-Cultural Comparison Of Sexual Harassment Law In The United States And India, Louise Feld

Fordham International Law Journal

This Comment compares the development of sexual harassment law in the United States and India. It strives to contribute to this global feminist debate by highlighting the successes and failures of each country's respective anti-harassment protections. It also compares the United States' and India's legal approaches to the problem of workplace sexual harassment. The Comment also discusses the successes and failures of the U.S. and Indian protections in a manner that attempts to minimize the problems present in cross-cultural studies.

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The Preparatory Commission For The International Criminal Court, Philippe Kirsch, Valerie Oosterveld Jan 2001

The Preparatory Commission For The International Criminal Court, Philippe Kirsch, Valerie Oosterveld

Fordham International Law Journal

As it becomes increasingly clear that the International Criminal Court will be set up in the near future, it is important to reflect on the work of the Preparatory Commission for the International Criminal Court. When the Rome Statute was being negotiated, it became very clear that additional documents would be necessary in order to create a fully functioning ICC. At the time, eight such documents were identified and included in Resolution F of the Final Act of the Rome Diplomatic conference. As work on these documents nears completion, States have begun to consider the practicalities of setting up the …

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