Open Access. Powered by Scholars. Published by Universities.®

Business Organizations Law Commons™

Open Access. Powered by Scholars. Published by Universities.®

International Law

Institution
Keyword
Publication Year
Publication
Publication Type
File Type

Articles 691 - 720 of 853

Full-Text Articles in Business Organizations Law

Sarbanes-Oxley Act Of 2002: Are Multi-National Corporations Unduly Burdened?, William Alan Nelson Mar 2006

Sarbanes-Oxley Act Of 2002: Are Multi-National Corporations Unduly Burdened?, William Alan Nelson

ExpressO

The Sarbanes-Oxley Act was enacted by Congress in response to the frauds perpetrated by several large U.S. companies; Enron and WorldCom were the main catalysts for the swift regulatory response. Though the primary impetus of Sarbanes-Oxley was to deter corruption domestically, its impact has had multinational reach. Problems arise when foreign corporations domiciled outside the United States are subject to both U.S. securities law and the laws of their home country, particularly when the laws are in conflict. This five part comment examines the effect that the Sarbanes–Oxley Act of 2002 has had on multinational corporations. The comment begins by …

Go to article

Global Pharmaceutical Patent Law In Developing Countries- Amending Trips To Promote Access For All, Angela J. Anderson Mar 2006

Global Pharmaceutical Patent Law In Developing Countries- Amending Trips To Promote Access For All, Angela J. Anderson

ExpressO

This comment will analyze the need to amend and revise the current global pharmaceutical patent system under TRIPS to take into account the needs of developing countries and overall public health. This comment will emphasize that the current international trade rules, which although administered by the WTO, are dictated by developed country governments and powerful pharmaceutical companies, and therefore, without reform will further diminish the access of poor people in developing countries to vital medicines. Part II of this comment will provide a general overview of the international trade law governing patents on pharmaceuticals focusing specifically on the development of …

Go to article

Global Pharmaceutical Patent Law In Developing Countries- Amending Trips To Promote Access For All, Angela J. Anderson Mar 2006

Global Pharmaceutical Patent Law In Developing Countries- Amending Trips To Promote Access For All, Angela J. Anderson

ExpressO

This comment will analyze the need to amend and revise the current global pharmaceutical patent system under TRIPS to take into account the needs of developing countries and overall public health. This comment will emphasize that the current international trade rules, which although administered by the WTO, are dictated by developed country governments and powerful pharmaceutical companies, and therefore, without reform will further diminish the access of poor people in developing countries to vital medicines. Part II of this comment will provide a general overview of the international trade law governing patents on pharmaceuticals focusing specifically on the development of …

Go to article

Putting Regulation Before Responsibility: Towards Binding Norms Of Corporate Social Responsibility, Thomas F. Mcinerney Mar 2006

Putting Regulation Before Responsibility: Towards Binding Norms Of Corporate Social Responsibility, Thomas F. Mcinerney

ExpressO

Globalization of business has heightened concerns regarding corporate conduct in developing countries. Critics have charged that multinational firms in particular have exported social harms involving labor, the environment, bribery, and human rights to jurisdictions outside of their home countries. Opportunities for regulatory arbitrage and the associated collective action problem such opportunities suggest, highlight the need for strong regulatory responses to these issues. Rather than prioritize the strengthening of national or international regulatory actors to address these social harms, voluntary corporate social responsibility initiatives have emerged as a favored response within the international community. This article undertakes a critical examination of …

Go to article

Preventing International Terrorism: Can Multinational Corporations Offer A Fresh New Perspective?, Jocelyne Kokaz-Muslu Mar 2006

Preventing International Terrorism: Can Multinational Corporations Offer A Fresh New Perspective?, Jocelyne Kokaz-Muslu

ExpressO

Multinational corporations (“MNC”s) while investing in new ventures all over the world, have managed a variety of risk factors such as developing country risk, language risk, cultural risk, currency risk, and political risk including terrorism. The risk management strategies that have worked for MNCs would be beneficial and effective for states around the world, as well as the United States of America (“USA”), to win the war against terrorism. Furthermore, the USA has a unique position in the world, where it has accumulated dormant knowledge regarding fighting terrorism in light of its ownership of the most respected, most profitable and …

Go to article

Equal Treatment Of Foreign Shareholders In Transnational Securities Class Action Against A Foreign Issuer—A Chinese Example, Clark Yao Feb 2006

Equal Treatment Of Foreign Shareholders In Transnational Securities Class Action Against A Foreign Issuer—A Chinese Example, Clark Yao

ExpressO

As the world economy and financial markets become increasingly more integrated, cross-boarder securities transaction becomes a daily event. Because Unite States has the world’s largest and arguably most liquid capital markets, it has attracted a significant number of foreign companies to cross-list their stocks in a U.S. stock exchange. Unavoidably, such transactions will not only bring out fortune, but also disputes between transacting parties. Relying on the powerful federal securities law , U.S. investors who have bought or sold such stocks have routinely sued foreign stock issuers through class action when the stock prices went down, alleging their loss is …

Go to article

Comparative Corporate Governance: Irish, American, And European Responses To Corporate Scandals, Manish Gupta Feb 2006

Comparative Corporate Governance: Irish, American, And European Responses To Corporate Scandals, Manish Gupta

ExpressO

A comparative review of legislative reactions to corporate scandals such as Enron and WorldCom. This paper examines American, Irish, and European Union legislation meant to deal with regulating corporations.

Go to article

Strengthening Investor Confidence In Europe: U.S.-Style Securities Class Actions And The Acquis Communautaire, Stefano M. Grace Jan 2006

Strengthening Investor Confidence In Europe: U.S.-Style Securities Class Actions And The Acquis Communautaire, Stefano M. Grace

Florida State University Journal of Transnational Law & Policy

No abstract provided.

Go to article

The Paradoxical Nature Of The Sarbanes-Oxley Act As It Relates To The Practitioner Representing A Multinational Corporation, Jason Thompson Jan 2006

The Paradoxical Nature Of The Sarbanes-Oxley Act As It Relates To The Practitioner Representing A Multinational Corporation, Jason Thompson

Florida State University Journal of Transnational Law & Policy

No abstract provided.

Go to article

China's Acquisitions Abroad - Global Ambitions, Domestic Effects, Nicholas C. Howson Jan 2006

China's Acquisitions Abroad - Global Ambitions, Domestic Effects, Nicholas C. Howson

Articles

In the past year or so, the world has observed with seeming trepidation what appears to be a new phenomenon-China's "stepping out" into the world economy. The move, labeled the "Going Out Strategy" by Chinese policy makers, sees China acting in the world not just as a trader of commodities and raw materials, or the provider of inexpensively-produced consumer goods for every corner of the globe, but as a driven and sophisticated acquirer of foreign assets and the equity interests in the legal entities that control such assets. The New Yorker magazine, ever topical and appropriately humorous, highlighted this attention …

Go to article

Sosa V. Alvarez-Machain And Human Rights Claims Against Corporations Under The Alien Tort Statute, Carlos Manuel Vázquez Jan 2006

Sosa V. Alvarez-Machain And Human Rights Claims Against Corporations Under The Alien Tort Statute, Carlos Manuel Vázquez

Georgetown Law Faculty Publications and Other Works

Contrary to the claims of some observers, the Supreme Court's decision in Sosa v. Alvarez-Machain does not sound the death knell for the use of the Alien Tort Statute to maintain human rights claims against private corporations in the U.S. courts. The decision clarifies the nature of claims under the Alien Tort Statue to some extent, and places some limits on the theories available in actions against private corporations, but for the most part such suits remain as viable after Sosa as they were before. That is not to say, however, that victims of corporate human rights violations in developing …

Go to article

The Takeover Directive And Inspire Art: Reevaluating The European Union’S Market For Corporate Control In The New Millennium, Dmitry Tuchinsky Jan 2006

The Takeover Directive And Inspire Art: Reevaluating The European Union’S Market For Corporate Control In The New Millennium, Dmitry Tuchinsky

NYLS Law Review

No abstract provided.

Go to article

Jurisdictional Competition In The European Community, Seth B. Chertok Nov 2005

Jurisdictional Competition In The European Community, Seth B. Chertok

ExpressO

The main purpose of this article is to analyze how four company law cases (Daily Mail, Centros, Uberseering, and Inspire Art) in the European Community have expanded the Freedom of Establishment to potentially open the door to corporate jurisdictional competition in the European Community, similar to the sort that exists in the United States through the Delaware effect. However, in Europe, this type of jurisdictional competition has traditionally been thought of as undesirable, particularly in certain Member States such as Germany that have co-determination and minimum capital requirements. These Member States have continued to adhere to the real seat and …

Go to article

Preparing For Cafta-Dr: The Need Of Commercial Law Reform In Central America, Omar E. Garcia-Bolivar Nov 2005

Preparing For Cafta-Dr: The Need Of Commercial Law Reform In Central America, Omar E. Garcia-Bolivar

ExpressO

This article explores the policies, laws and institutions that may prevent Central American States from exploiting the opportunities provided by the CAFTA-DR. In that sense, we examine several of the legal factors that appear to be important in determining economic growth as they apply to the commercial legal conditions of Costa Rica, El Salvador, Guatemala, Honduras and Nicaragua.

Go to article

Breaking The Bank: Revisiting Central Bank Of Denver After Enron And Sarbanes-Oxley, Celia Taylor Sep 2005

Breaking The Bank: Revisiting Central Bank Of Denver After Enron And Sarbanes-Oxley, Celia Taylor

ExpressO

No abstract provided.

Go to article

"The Regulatory Grass In Greener": A Comparative Analysis Of The Alien Tort Claims Act And The European Union's Green Paper On Corporate Social Responsibility, Joshua M. Chanin Jul 2005

"The Regulatory Grass In Greener": A Comparative Analysis Of The Alien Tort Claims Act And The European Union's Green Paper On Corporate Social Responsibility, Joshua M. Chanin

Indiana Journal of Global Legal Studies

No abstract provided.

Go to article

Reframing The Issue: Aids As A Global Workforce Crisis And The Emerging Role Of Multinational Corporations, Elizabeth M. Chitty Jul 2005

Reframing The Issue: Aids As A Global Workforce Crisis And The Emerging Role Of Multinational Corporations, Elizabeth M. Chitty

Indiana Journal of Global Legal Studies

No abstract provided.

Go to article

Harmonizing Business Laws In Africa: Ohada Calls The Tune, Claire M. Dickerson May 2005

Harmonizing Business Laws In Africa: Ohada Calls The Tune, Claire M. Dickerson

ExpressO

OHADA (in English, “Organization for Harmonization in Africa of Business Laws”) is a system of business laws and implementing institutions. Sixteen West African nations adopted this regime in order to increase their attractiveness to foreign investment. Because most of the member-states are former French colonies, the OHADA laws are based on the French legal system. Despite certain economists’ recent, well-publicized assertions that any French-based legal system is incompatible with development, other studies challenge those claims and in doing so outline characteristics that a pro-development system of business laws should possess. A review of selected provisions from OHADA’s corporate law and …

Go to article

Accelerating Towards Climate Neutrality With U.S Government Stuck In Neutral: The Emerging Role Of U.S Businesses, Cities, States, And Universities In Aggressively Reducing Greenhouse Gas Emissions, Dan Worth Jan 2005

Accelerating Towards Climate Neutrality With U.S Government Stuck In Neutral: The Emerging Role Of U.S Businesses, Cities, States, And Universities In Aggressively Reducing Greenhouse Gas Emissions, Dan Worth

Sustainable Development Law & Policy

No abstract provided.

Go to article

Commercial Contributions To The Climate Change Regime: Who's Regulating Whom? , Stephen Tully Jan 2005

Commercial Contributions To The Climate Change Regime: Who's Regulating Whom? , Stephen Tully

Sustainable Development Law & Policy

No abstract provided.

Go to article

Private Military Contractor Liability And Accountability After Abu Ghraib, 38 J. Marshall L. Rev. 1237 (2005), Mark W. Bina Jan 2005

Private Military Contractor Liability And Accountability After Abu Ghraib, 38 J. Marshall L. Rev. 1237 (2005), Mark W. Bina

UIC Law Review

No abstract provided.

Go to article

Remands In Trade Adjustment Assistance Cases, 39 J. Marshall L. Rev. 9 (2005), Munford Page Hall Ii Jan 2005

Remands In Trade Adjustment Assistance Cases, 39 J. Marshall L. Rev. 9 (2005), Munford Page Hall Ii

UIC Law Review

No abstract provided.

Go to article

An Importer's Election: Whether To Invoke Attorney Advice In Defense Or To Preserve Privilege, 39 J. Marshall L. Rev. 17 (2005), Patricia M. Mccarthy Jan 2005

An Importer's Election: Whether To Invoke Attorney Advice In Defense Or To Preserve Privilege, 39 J. Marshall L. Rev. 17 (2005), Patricia M. Mccarthy

UIC Law Review

No abstract provided.

Go to article

What Does Optrex Mean For The Customs Bar?, 39 J. Marshall L. Rev. 23 (2005), John B. Pellegrini Jan 2005

What Does Optrex Mean For The Customs Bar?, 39 J. Marshall L. Rev. 23 (2005), John B. Pellegrini

UIC Law Review

No abstract provided.

Go to article

Injunctions Against Liquidation In Trade Remedy Cases: A Petitioner's View, 39 J. Marshall L. Rev. 45 (2005), Jeffrey M. Telep Jan 2005

Injunctions Against Liquidation In Trade Remedy Cases: A Petitioner's View, 39 J. Marshall L. Rev. 45 (2005), Jeffrey M. Telep

UIC Law Review

No abstract provided.

Go to article

Direct Vs. Indirect Obligations Of Corporations Under International Law, Carlos Manuel Vázquez Jan 2005

Direct Vs. Indirect Obligations Of Corporations Under International Law, Carlos Manuel Vázquez

Georgetown Law Faculty Publications and Other Works

International law today addresses the conduct of private corporations in a variety of areas. With very few exceptions, however, international law regulates corporate conduct indirectly--that is, by requiring states to enact and enforce regulations applicable to corporations and other non-state actors. Only a small number of international legal norms--primarily those relating to war crimes, crimes against humanity, and forced labor--apply directly to non-state actors. Scholars have argued forcefully that international law should move in the direction of directly imposing obligations on corporations. These arguments overlook important aspects of the problem. If international legal norms were extended to corporations and backed …

Go to article

Good Faith In The Cisg: Interpretation Problems In Article 7, Benedict C. Sheehy Aug 2004

Good Faith In The Cisg: Interpretation Problems In Article 7, Benedict C. Sheehy

ExpressO

ABSTRACT: This article examines the dispute concerning the meaning of Good Faith in the CISG. Although there are good reasons for arguing a more limited interpretation or more limited application of Good Faith, there are also good reasons for a broader approach. Regardless of the correct interpretation, however, practitioners and academics need to have a sense of where the actual jurisprudence is going. This article reviews every published case on Article 7 since its inception and concludes that while there is little to suggest a strong pattern is developing, a guided pattern while incorrect doctrinally is preferable to the current …

Go to article

Evaluating Work: Enforcing Occupational Safety And Health Standards In The United States, Canada And Sweden, Daniel B. Klaff Aug 2004

Evaluating Work: Enforcing Occupational Safety And Health Standards In The United States, Canada And Sweden, Daniel B. Klaff

ExpressO

The United States’ occupational safety and health enforcement system is breaking down. Klaff argues that much of this breakdown has to do with a fundamental lack of worker participation in the United States’ safety and health system. Klaff makes his case by comparing and contrasting the history and enforcement schemes of the United States, Canada, and Sweden. After arguing for economic rights as human rights, Klaff concludes by offering a set of recommendations for the United States’ occupational safety and health system based upon his value-centered analysis.

Go to article

Using "Norms" To Change International Law: Un Human Rights Laws Sneaking In Through The Back Door, Troy A. Rule Jul 2004

Using "Norms" To Change International Law: Un Human Rights Laws Sneaking In Through The Back Door, Troy A. Rule

Faculty Publications

For decades, multinational businesses have self-regulated their operations with respect to human rights, largely unfettered by international law. In recent years, however, human rights groups have advocated that the United Nations (“UN”) create clear legal obligations for multinationals respecting their human rights-related conduct. At least partly due to the substantial burden such obligations could place on international businesses, these efforts by human rights proponents have proven largely fruitless--until now.On August 13, 2003, the UN Sub-commission on the Promotion and Protection of Human Rights adopted the Norms on the Responsibilities of Transnational Corporations and Other Business Enterprises with Regard to Human …

Go to article

Fishing For Rainbows, The Fsc Repeal And Extraterritorial Income Exclusion Act, Stuart Smith May 2004

Fishing For Rainbows, The Fsc Repeal And Extraterritorial Income Exclusion Act, Stuart Smith

San Diego International Law Journal

On August 30, 2002, the final decision was released in the case of United States-Tax Treatment for "Foreign Sales Corporations". The World Trade Organization arbitration panel report authorizes the European Communities to levy $4.043 billion in annual trade sanctions against imports from the United States because of a provision in the U.S. tax code. "The FSC Repeal and Extraterritorial Income Exclusion Act of 2000", the most recent of 40 years worth of half-hearted attempts by the United States to comply with world trading body regulations, is the current offender. According to the arbitration panel, the act subsidizes foreign sales by …

Go to article

First Prev Next Last