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Articles 391 - 420 of 689
Full-Text Articles in Law and Economics
Troubled Waters Between U.S. And European Antitrust, D. Daniel Sokol
Troubled Waters Between U.S. And European Antitrust, D. Daniel Sokol
Michigan Law Review
Review of The Atlantic Divide in Antitrust: An Examination of US and EU Competition Policy by Daniel J. Gifford and Robert T. Kudrle.
Revisiting The Economic Community Of West African States: A Socio-Legal Analysis, Olabisi D. Akinkugbe
Revisiting The Economic Community Of West African States: A Socio-Legal Analysis, Olabisi D. Akinkugbe
Articles, Book Chapters, & Popular Press
Recent years have seen a growing scholarly interest in the conditions of emergence of regional trade agreements in Africa. These analyses have advanced our knowledge on a range of technical issues, from specific institutional transformation of regional economic communities such as the Economic Community of West African States (ECOWAS) to broad legal issues relating to the provisions of the regional trade agreements. Most literature on ECOWAS is, however, informed by legal formalism that interprets the text of the treaties strictly and without context, leading to a dominant interpretation of failure.
By contrast, this thesis adopts a socio-legal approach and argues …
Putting The Substance Back Into The Economic Substance Doctrine, Nicholas Giordano
Putting The Substance Back Into The Economic Substance Doctrine, Nicholas Giordano
Brooklyn Journal of Corporate, Financial & Commercial Law
The foreign tax credit, which saves U.S. taxpayers from paying both foreign and domestic income taxes on the same income, is critical to facilitating global commerce. However, as savvy taxpayers discover increasingly complicated ways to abuse the foreign tax credit regime through the structuring of business transactions, courts have become increasingly skeptical of the validity of those transactions. Using the economic substance doctrine, a common law doctrine codified in 2010 at I.R.C. § 7701(o), courts will disallow tax benefits stemming from a transaction that is not profitable absent its tax benefits, and which the taxpayer had no incentive to undertake …
Accountability In Corporate Governance In China And The Impact Of Guanxi As A Double-Edged Sword, Andrew Keay, Jingchen Zhao
Accountability In Corporate Governance In China And The Impact Of Guanxi As A Double-Edged Sword, Andrew Keay, Jingchen Zhao
Brooklyn Journal of Corporate, Financial & Commercial Law
Accountability is an essential aspect of corporate governance and it has been argued that the “wenze” system of accountability in China comes very close to the accountability systems developed in Anglo-American corporate governance. This Article examines the role of cultural factors, namely guanxi and its derivatives, in corporate governance in China to determine what effect, if any, these cultural factors have on the operation and development of the “wenze” system in large listed companies. The Article specifically considers whether the cultural elements affect accountability, and if so, how and to what extent. It also explores whether these cultural factors are …
Imagining Equity And Inclusion: South Africa's International Economic Politics And Reflections On The Writings Of Justice Dikgang Moseneke, Erika George
Faculty Scholarship
In honour of Justice Dikgang Moseneke, this essay takes up his invitation to imagine an ethos consistent with South African Constitutionalism, one which could promote economic justice. This essay explores how the tools of international economic law as utilised by South Africa could serve as a means of transformation to advance the end of a more inclusive economic globalisation. South Africa's trade policies and participation in international business and human rights policy initiatives are offered as illustrations of a shift towards asserting interests aligned with the country's constitutional economic justice commitments. First, emphasising Justice Moseneke's writings outside of his rulings …
Economic Law, Inequality, And Hidden Hierarchies On The Eu Internal Market, Damjan Kukovec
Economic Law, Inequality, And Hidden Hierarchies On The Eu Internal Market, Damjan Kukovec
Michigan Journal of International Law
This Article has several aims. First, the aim is to show the continuing importance and relevance of antitrust and international trade lawyers in countering the concentration of power in the hands of the few or in some geographic areas of the world, if some of the assumptions of antitrust and trade are adjusted. Second, the goal is to articulate a particular analysis from the perspective of the (European) periphery. As the recent Euro crises and the near exit of Greece from the Union show, the European prospect of development for all has not arrived. This Article will articulate the privilege …
Reaching For Environmental And Economic Harmony: Can Ttip Negotiations Bridge The U.S.-Eu Chemical Regulatory Gap?, Ashley Henson
Reaching For Environmental And Economic Harmony: Can Ttip Negotiations Bridge The U.S.-Eu Chemical Regulatory Gap?, Ashley Henson
Georgia Journal of International & Comparative Law
No abstract provided.
The Trade Act Of 1974: Soviet-American Commercial Relations And The Future, Kenneth Klein
The Trade Act Of 1974: Soviet-American Commercial Relations And The Future, Kenneth Klein
Georgia Journal of International & Comparative Law
No abstract provided.
The United Nations Convention On The Recognition And Enforcement Of Foreign Arbitral Awards: The First Four Years, A. Jason Mirabito
The United Nations Convention On The Recognition And Enforcement Of Foreign Arbitral Awards: The First Four Years, A. Jason Mirabito
Georgia Journal of International & Comparative Law
No abstract provided.
The Icelandic Fisheries Dispute: A Decision Is Finally Rendered, Roger A. Briney
The Icelandic Fisheries Dispute: A Decision Is Finally Rendered, Roger A. Briney
Georgia Journal of International & Comparative Law
No abstract provided.
The Convention On The Uniform Law Of International Bills Of Exchange And International Promissory Notes: A Comparison To The Uniform Commercial Code, Harold S. White
The Convention On The Uniform Law Of International Bills Of Exchange And International Promissory Notes: A Comparison To The Uniform Commercial Code, Harold S. White
Georgia Journal of International & Comparative Law
No abstract provided.
Colloquium On Certain Legal Aspects Of Inter-American Cooperation: Establishment Of Mechanisms For The Settlement Of Economic Disputes; Views In The Americas On Basic Questions Relating To The Law Of The Sea, Gabriel M. Wilner, Michael A. Robison, Dr. Enrique E. Bledel, Dr. José J. Caicedo Perdomo, A. A. Fatuoros, Dale Furnish, David A. Gantz, Dr. F. V. García-Amador, Moorhead C. Kennedy, Dr. C. Luppinacci, Dr. Valerie T. Mccomie, Dr. Alfodo Molina Orantes, Francisco Orrego Vicuña, José Pagés, Seymour Rubin, Dean Rusk
Colloquium On Certain Legal Aspects Of Inter-American Cooperation: Establishment Of Mechanisms For The Settlement Of Economic Disputes; Views In The Americas On Basic Questions Relating To The Law Of The Sea, Gabriel M. Wilner, Michael A. Robison, Dr. Enrique E. Bledel, Dr. José J. Caicedo Perdomo, A. A. Fatuoros, Dale Furnish, David A. Gantz, Dr. F. V. García-Amador, Moorhead C. Kennedy, Dr. C. Luppinacci, Dr. Valerie T. Mccomie, Dr. Alfodo Molina Orantes, Francisco Orrego Vicuña, José Pagés, Seymour Rubin, Dean Rusk
Georgia Journal of International & Comparative Law
No abstract provided.
Transatlantic Influences On American Corporate Jurisprudence: Theorizing The Corporation In The United States, Tara Helfman
Transatlantic Influences On American Corporate Jurisprudence: Theorizing The Corporation In The United States, Tara Helfman
Indiana Journal of Global Legal Studies
In interpreting and evaluating the history of the Supreme Court's corporate jurisprudence, legal scholars have deployed three broad theories of corporate legal personality: the aggregate entity theory, the artificial entity theory, and the real entity theory. While these theories are powerful ways of conceptualizing the corporation, this article shows that they have not been as central to the Supreme Court's corporate jurisprudence as recent scholarship suggests. It instead argues that historic transformations in the high court's corporate jurisprudence are best understood in light of contemporary intellectual currents rather than through an expost facto application of the aggregate, artificial, and real …
Making Banks On A Global Scale: Management-Based Regulation As Agencement, Mika Viljanen
Making Banks On A Global Scale: Management-Based Regulation As Agencement, Mika Viljanen
Indiana Journal of Global Legal Studies
This article seeks to provide a theoretical account of how management-based regulation (MBR), a new regulatory style used by many global regulators, affects its targets. The article centers on a case study. It introduces agencement theory as the theoretical heuristic to inform the analysis of a global, large-scale MBR scheme, the Basel Committee on Banking Supervision's Internal Capital Adequacy Assessment Program (ICAAP). In agencement theory, agency is understood in a neomaterialist frame. The core idea is that an actor's actions are determined by the material assemblage that constitutes her. The agencement heuristic allows ICAAP to be conceptualized as a regulatory …
The International Investment Regime After The Global Crisis Of Neoliberalism: Rupture Or Continuity?, Nicolas Perrone
The International Investment Regime After The Global Crisis Of Neoliberalism: Rupture Or Continuity?, Nicolas Perrone
Indiana Journal of Global Legal Studies
This article aims to show that the tools being used to recalibrate the international investment regime, in particular proportionality and corporate social responsibility, constitute continuity rather than rupture with neoliberalism and neoliberal legality. Neoliberalism has been discredited, and few actors suggest a return to self-regulation after the 2008 global economic crisis. This call for regulation, however, finds international economic law scholarship divided between those who claim that standards of review and corporate social responsibility can solve the crisis of neoliberalism, and those who believe that the problem is more profound. In the case of the international investment regime, this article …
Book Review: Foreign Commerce And The Antitrust Laws. By Wilbur L. Fugate. Boston: Little, Brown & Co., 2d Ed. 1973. Pp Xxv, 491. $35.00., Paul P. Harbrecht
Book Review: Foreign Commerce And The Antitrust Laws. By Wilbur L. Fugate. Boston: Little, Brown & Co., 2d Ed. 1973. Pp Xxv, 491. $35.00., Paul P. Harbrecht
Georgia Journal of International & Comparative Law
No abstract provided.
Charter On Economic Rights And Duties Of States: A Solution To The Development Aid Problem?, Joseph C. Vanzant
Charter On Economic Rights And Duties Of States: A Solution To The Development Aid Problem?, Joseph C. Vanzant
Georgia Journal of International & Comparative Law
No abstract provided.
Trading With Socialist Partners, Josef Rohlik
Trading With Socialist Partners, Josef Rohlik
Georgia Journal of International & Comparative Law
No abstract provided.
Who's Preparing For The Pecuniary Downside Of The Merger? Economy: The Imperative In The Reunification Of North And South Korea, Paul Stewart Kim
Who's Preparing For The Pecuniary Downside Of The Merger? Economy: The Imperative In The Reunification Of North And South Korea, Paul Stewart Kim
The Journal of Business, Entrepreneurship & the Law
This Comment views the North and South Korea's reunification process in light of economic principles and policies. This Comment broadly summarizes the role/need of foreign investors in North Korea for the preparation of the reunification. First, this Comment briefly reviews the History of North and South Korea. Second, this Comment scrutinizes North Korea-its economic history, current economy, and predicted future. Third, this Comment will link economy and reunification, will explain why reunification is more than political, and will describe why the pastproposed plan on reunification economy and why it has not succeeded. Reunification has exceedingly difficult issues arising out of …
The Standard Investment Agreement: Text And Comments, Philippe Kahn
The Standard Investment Agreement: Text And Comments, Philippe Kahn
Georgia Journal of International & Comparative Law
No abstract provided.
Conference Summary: Problems And Prospects Of Trade With Eastern Europe And China, Chesterfield H. Smith, William C. Mott, William J. Casey, Philip M. Landrum, Jacobus T. Severiens, Dean Rusk, Evgeniy V. Bugrov, Andrzej B. Burzynski, Gabriel M. Wilner, Peter M. Flanigan, Benjamin Busch, Victor Hoa Li, Graham Metson, Donald Clark, Reg Murphy, Charles Hodgkins, C.C. Van Den Heuvel, Jeremy Russell, David Winter
Conference Summary: Problems And Prospects Of Trade With Eastern Europe And China, Chesterfield H. Smith, William C. Mott, William J. Casey, Philip M. Landrum, Jacobus T. Severiens, Dean Rusk, Evgeniy V. Bugrov, Andrzej B. Burzynski, Gabriel M. Wilner, Peter M. Flanigan, Benjamin Busch, Victor Hoa Li, Graham Metson, Donald Clark, Reg Murphy, Charles Hodgkins, C.C. Van Den Heuvel, Jeremy Russell, David Winter
Georgia Journal of International & Comparative Law
No abstract provided.
Complexity Analysis: A Preliminary Step Toward A General Systems Theory Of International Law, James L. Hildebrand
Complexity Analysis: A Preliminary Step Toward A General Systems Theory Of International Law, James L. Hildebrand
Georgia Journal of International & Comparative Law
No abstract provided.
Regulating Foreign-Based Institutions For Collective Investment: The German Statute, The American Experience, And The Oecd Standard Rules, Charles B. Robson Jr.
Regulating Foreign-Based Institutions For Collective Investment: The German Statute, The American Experience, And The Oecd Standard Rules, Charles B. Robson Jr.
Georgia Journal of International & Comparative Law
No abstract provided.
Operational Autonomy And Public Accountability In Statutory Corporations: A Case Study Of Ghana’S Development Experience And A Blueprint For Reform, E. A. Botchwey
Georgia Journal of International & Comparative Law
No abstract provided.
The Proper Reach Of Territorial Jurisdiction: A Case Study Of Divergent Attitudes, Philippe Schreiber
The Proper Reach Of Territorial Jurisdiction: A Case Study Of Divergent Attitudes, Philippe Schreiber
Georgia Journal of International & Comparative Law
No abstract provided.
Books Received, Georgia Journal Of International And Comparative Law
Books Received, Georgia Journal Of International And Comparative Law
Georgia Journal of International & Comparative Law
No abstract provided.
The Territorial Principle In Penal Law: An Attempted Justification, Patrick J. Fitzgerald
The Territorial Principle In Penal Law: An Attempted Justification, Patrick J. Fitzgerald
Georgia Journal of International & Comparative Law
No abstract provided.
International Law From A Functional Perspective, Michael Barkun
International Law From A Functional Perspective, Michael Barkun
Georgia Journal of International & Comparative Law
No abstract provided.
Recent Developments And Future Prospects Of The Common Market, Michael Waelbroeck
Recent Developments And Future Prospects Of The Common Market, Michael Waelbroeck
Georgia Journal of International & Comparative Law
No abstract provided.
Comment, Donald R. Andersen
Comment, Donald R. Andersen
Georgia Journal of International & Comparative Law
No abstract provided.