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Articles 811 - 840 of 1401

Full-Text Articles in International Law

Free Kick: Fifa’S Unintended Role In Illuminating Jurisdictional Gaps Of International Criminal Courts, Travis L. Marmara Jan 2016

Free Kick: Fifa’S Unintended Role In Illuminating Jurisdictional Gaps Of International Criminal Courts, Travis L. Marmara

Brooklyn Journal of International Law

In the wake of the FIFA corruption scandal of 2015, certain realities have come to light. FIFA’s corruption knows no bounds, but fans of the sport will watch nonetheless. What is less apparent is that the two most prominent international criminal courts—the International Court of Justice (ICJ) and the International Criminal Court (ICC) fail to have jurisdiction over the FIFA organization or its officials when they engage in white-collar crimes that sanction human rights abuses abroad. This Note examines how FIFA officials’ acceptance of Qatari bribes to host the 2022 World Cup exposed alarming jurisdictional inadequacies of the ICJ and …


Confounding Ockham's Razor: Minilateralism And International Economic Regulation, Eric C. Chaffee Jan 2016

Confounding Ockham's Razor: Minilateralism And International Economic Regulation, Eric C. Chaffee

Brooklyn Journal of Corporate, Financial & Commercial Law

In Minilateralism: How Trade Alliances, Soft Law, and Financial Engineering Are Redefining Economic Statecraft, Professor Chris Brummer embraces the complexity of the global economic system and its regulation by exploring the emerging role and dominance of varying strands of economic collaboration and regulation that he collectively refers to as “minilateralism.” In describing the turn toward minilateralism, Brummer notes a number of key features of this new minilateral system, including a shift away from global cooperation to strategic alliances composed of the smallest group necessary to achieve a particular goal, a turn from formal treaties to informal non-binding accords and other …


Regulatory Incentive Realignment And The Eu Legal Framework Of Bank Resolution, Andromachi Georgosouli Jan 2016

Regulatory Incentive Realignment And The Eu Legal Framework Of Bank Resolution, Andromachi Georgosouli

Brooklyn Journal of Corporate, Financial & Commercial Law

Risks associated with incentive misalignment are liable to seriously jeopardize the effectiveness of bank resolution, when not properly contained. This Article considers the management of misaligned incentives between regulators that are found in a vertical relationship of public governance. Using the EU legal framework of bank resolution as its case study, this Article explores the effectiveness of the quasi-enforcement powers of the Single Resolution Board (SRB) and, where relevant, of the European Banking Authority (EBA) as an incentive realignment legal technique. Two principal difficulties are identified: on the one hand, the problematic interinstitutional dynamic of the SRB and the EBA …


Open Sesame: The Myth Of Alibaba's Extreme Corporate Governance And Control, Yu-Hsin Lin, Thomas Mehaffy Jan 2016

Open Sesame: The Myth Of Alibaba's Extreme Corporate Governance And Control, Yu-Hsin Lin, Thomas Mehaffy

Brooklyn Journal of Corporate, Financial & Commercial Law

In September 2014, Alibaba Group Holding Limited (Alibaba) successfully launched a $25 billion initial public offering (IPO), the largest IPO ever, on New York Stock Exchange. Alibaba’s IPO success witnessed a wave among Chinese Internet companies to raise capital in U.S capital markets. A significant number of these companies have employed a novel, but poorly understood corporate ownership and control mechanism—the variable interest entity (VIE) structure and/or the disproportional control structure. The VIE structure was created in response to the Chinese restriction on foreign investments; however, it carries the risk of being declared illegal under Chinese law. The disproportional control …


The Art Of Nailing Jell-O To The Wall: Reassessing The Political Power Of The Internet, Bryan Druzin, Jessica Li Jan 2016

The Art Of Nailing Jell-O To The Wall: Reassessing The Political Power Of The Internet, Bryan Druzin, Jessica Li

Journal of Law and Policy

Political observers commonly argue that, given the unique characteristics of the Internet, democratization is an inevitability of its widespread use. The critical role that social media played in the wave of demonstrations, protests, and revolutions that swept across the Arab world in 2011 cemented this perception in the minds of many. Yet China defies this simplistic paradigm—China has been stunningly successful at constraining the political power of its Internet. We argue that the political importance of Internet technology has been overstated, particularly with respect to China. As support for this thesis, we cite recent political events in Hong Kong known …


Holding Canada Accountable: An Evaluation Of Canada's Compliance To The United Nations Declaration On The Rights Of Indigenous Peoples, Jackson A. Smith Jan 2016

Holding Canada Accountable: An Evaluation Of Canada's Compliance To The United Nations Declaration On The Rights Of Indigenous Peoples, Jackson A. Smith

Theses and Dissertations (Comprehensive)

Compliance of human rights norms requires the application of pressure from a multitude of directions and levels. It takes individual advocacy, micro-system/organizational/community-level pressure, and macro-level pressure from other nation-states and international organizations and governance bodies. This MA study focuses on the mechanisms employed by the United Nations to monitor the compliance of signatory nation-states to the standards established in the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP), with particular focus on Canada. A crucial goal of this study is to translate the UN Special Rapporteur on the Rights of Indigenous Peoples (UNSRRIP), James Anaya’s, findings on the …


Making Ends Meet: Using A Market-Based Approach To Incentivize Foreign Vessels To Comply With The Air Emission Standards Of Marpol Annex Vi, Xiaoxin Shi Dec 2015

Making Ends Meet: Using A Market-Based Approach To Incentivize Foreign Vessels To Comply With The Air Emission Standards Of Marpol Annex Vi, Xiaoxin Shi

Penn State Journal of Law & International Affairs (2012 - Present)

No abstract provided.


One More Brick In The Wall: The Impact Of Personal Jurisdiction Of Ex Juris Defendants On The Relationship Between The United States And Canada, Matthew Johnson Dec 2015

One More Brick In The Wall: The Impact Of Personal Jurisdiction Of Ex Juris Defendants On The Relationship Between The United States And Canada, Matthew Johnson

Penn State Journal of Law & International Affairs (2012 - Present)

No abstract provided.


The Protection Of Intellectual Property Licenses In Insolvency: Lessons From The Nortel Case, Anthony Duggan, Norman Siebrasse Dec 2015

The Protection Of Intellectual Property Licenses In Insolvency: Lessons From The Nortel Case, Anthony Duggan, Norman Siebrasse

Penn State Journal of Law & International Affairs (2012 - Present)

No abstract provided.


Judicial Implementation Of South Africa’S New Business Rescue Model: A Preliminary Assessment, Patrick C. Osode Dec 2015

Judicial Implementation Of South Africa’S New Business Rescue Model: A Preliminary Assessment, Patrick C. Osode

Penn State Journal of Law & International Affairs (2012 - Present)

No abstract provided.


High-Tech Companies And The Decision To “Go Public”: Are Backdoor Listings (Still) An Alternative To “Front-Door” Initial Public Offerings?, Erik P.M. Vermeulen Dec 2015

High-Tech Companies And The Decision To “Go Public”: Are Backdoor Listings (Still) An Alternative To “Front-Door” Initial Public Offerings?, Erik P.M. Vermeulen

Penn State Journal of Law & International Affairs (2012 - Present)

No abstract provided.


Commercial Law And The Public Interest, Jay Lawrence Westbrook Dec 2015

Commercial Law And The Public Interest, Jay Lawrence Westbrook

Penn State Journal of Law & International Affairs (2012 - Present)

No abstract provided.


The Colombian Simplified Corporation: An Empirical Analysis Of A Success Story In Corporate Law Reform, Francisco Reyes Dec 2015

The Colombian Simplified Corporation: An Empirical Analysis Of A Success Story In Corporate Law Reform, Francisco Reyes

Penn State Journal of Law & International Affairs (2012 - Present)

No abstract provided.


The Natural Person, Legal Entity Or Juridical Person And Juridical Personality, Elvia Arcelia Quintana Adriano Dec 2015

The Natural Person, Legal Entity Or Juridical Person And Juridical Personality, Elvia Arcelia Quintana Adriano

Penn State Journal of Law & International Affairs (2012 - Present)

No abstract provided.


Justifications For Ucc Article 9’S Treatment Of Deposit Accounts: A Comparative Note, Catherine Walsh Dec 2015

Justifications For Ucc Article 9’S Treatment Of Deposit Accounts: A Comparative Note, Catherine Walsh

Penn State Journal of Law & International Affairs (2012 - Present)

No abstract provided.


The Role Of Party Autonomy In The Enforcement Of Secured Creditor’S Rights: International Developments, Anna Veneziano Dec 2015

The Role Of Party Autonomy In The Enforcement Of Secured Creditor’S Rights: International Developments, Anna Veneziano

Penn State Journal of Law & International Affairs (2012 - Present)

No abstract provided.


Party Autonomy And Consumer Arbitration In Conflict: A “Trojan Horse” In The Access To Justice In The E.U. Adr-Directive 2013/11?, Norbert Reich Dec 2015

Party Autonomy And Consumer Arbitration In Conflict: A “Trojan Horse” In The Access To Justice In The E.U. Adr-Directive 2013/11?, Norbert Reich

Penn State Journal of Law & International Affairs (2012 - Present)

Arbitration clauses in consumer contracts have been subject to controversy in many jurisdictions; recent U.S. and Canadian Supreme Court case law have been used as examples. European Union (E.U.) law, which originally excluded arbitration in general from the Brussels/Rome regimes, has recently taken a mixed, and to some extent limited, approach by including Alternative Dispute Resolution (ADR) entities “imposing” a solution in its recent ADR Directive 2013/11. There seems to be an indirect encouragement to develop consumer arbitration schemes in E.U. Member States as a second route to justice. It is too early to evaluate this new and somewhat clandestine …


Lessons And Best Practices For Designers Of Fast Track, Low Value, High Volume Global E-Commerce Odr Systems, Louis F. Del Duca, Colin Rule, Brian Cressman Dec 2015

Lessons And Best Practices For Designers Of Fast Track, Low Value, High Volume Global E-Commerce Odr Systems, Louis F. Del Duca, Colin Rule, Brian Cressman

Penn State Journal of Law & International Affairs (2012 - Present)

The momentum behind development of global online fast track low value high volume dispute resolution (hereafter ODR) continues to accelerate. Consumer and business groups around the world are promoting fair, proportionate, effective, online, fast track redress for low value high volume cross border e-commerce disputes. As a result, there will continue to be increasing demand for a variety of effective ODR systems design and procedural rules. Best practices developed by entities like eBay and lessons learned from the work of UNCITRAL Working Group III can be helpful in developing framework models for fast track low value high volume e-commerce ODR …


The Good, The Bad, And The Ugly In Distribution Contracts: Limitation Of Party Autonomy In Arbitration?, Pilar Perales Viscasillas Dec 2015

The Good, The Bad, And The Ugly In Distribution Contracts: Limitation Of Party Autonomy In Arbitration?, Pilar Perales Viscasillas

Penn State Journal of Law & International Affairs (2012 - Present)

No abstract provided.


Limits On Party Autonomy In International Commercial Arbitration, Giuditta Cordero-Moss Dec 2015

Limits On Party Autonomy In International Commercial Arbitration, Giuditta Cordero-Moss

Penn State Journal of Law & International Affairs (2012 - Present)

No abstract provided.


An Institutional Approach To The Creation Of Innovation Ecosystems And The Role Of Law, Toshiyuki Kono, Kazuaki Kagami Dec 2015

An Institutional Approach To The Creation Of Innovation Ecosystems And The Role Of Law, Toshiyuki Kono, Kazuaki Kagami

Penn State Journal of Law & International Affairs (2012 - Present)

No abstract provided.


The Hague Principles, The Cisg, And The “Battle Of Forms”, Peter Winship Dec 2015

The Hague Principles, The Cisg, And The “Battle Of Forms”, Peter Winship

Penn State Journal of Law & International Affairs (2012 - Present)

No abstract provided.


From Paper To Electronic Order: The Digitalization Of The Check In The Usa*, Benjamin Geva Dec 2015

From Paper To Electronic Order: The Digitalization Of The Check In The Usa*, Benjamin Geva

Penn State Journal of Law & International Affairs (2012 - Present)

No abstract provided.


Aziz Case And Unfair Contract Terms In Mortgage Loan Agreements: Lessons To Be Learned In Spain, Immaculada Barral-Viñals Dec 2015

Aziz Case And Unfair Contract Terms In Mortgage Loan Agreements: Lessons To Be Learned In Spain, Immaculada Barral-Viñals

Penn State Journal of Law & International Affairs (2012 - Present)

No abstract provided.


Should Clauses Prohibiting Assignment Be Overridden By Statute?, Louise Gullifer Dec 2015

Should Clauses Prohibiting Assignment Be Overridden By Statute?, Louise Gullifer

Penn State Journal of Law & International Affairs (2012 - Present)

No abstract provided.


International B2b Contracts - Freedom Unchained?, Ingeborg Schwenzer, Claudio Marti Whitebread Dec 2015

International B2b Contracts - Freedom Unchained?, Ingeborg Schwenzer, Claudio Marti Whitebread

Penn State Journal of Law & International Affairs (2012 - Present)

No abstract provided.


On The Intellectual History Of Freedom Of Contract And Regulation, Hans-W. Micklitz Dec 2015

On The Intellectual History Of Freedom Of Contract And Regulation, Hans-W. Micklitz

Penn State Journal of Law & International Affairs (2012 - Present)

No abstract provided.


Foreword, Mary Hiscock, Hans-W. Micklitz Dec 2015

Foreword, Mary Hiscock, Hans-W. Micklitz

Penn State Journal of Law & International Affairs (2012 - Present)

No abstract provided.


Seventeenth Biennial Meeting Of The International Academy Of Commercial And Consumer Law Dec 2015

Seventeenth Biennial Meeting Of The International Academy Of Commercial And Consumer Law

Penn State Journal of Law & International Affairs (2012 - Present)

No abstract provided.


Clean Bill Of Lading In Contract Of Carriage And Documentary Credit: When Clean May Not Be Clean, Časlav Pejović Dec 2015

Clean Bill Of Lading In Contract Of Carriage And Documentary Credit: When Clean May Not Be Clean, Časlav Pejović

Penn State Journal of Law & International Affairs (2012 - Present)

No abstract provided.