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Articles 1141 - 1170 of 1402

Full-Text Articles in Organizations Law

The Growing Impact Of Non-State Actors On The International And European Legal Systems, Angela M. Banks Jan 2003

The Growing Impact Of Non-State Actors On The International And European Legal Systems, Angela M. Banks

Faculty Publications

No abstract provided.

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Do World Trade Organization Dispute Settlement Reports Affect The Obligations Of Non-Parties? -- Response To Mcnelis, Donald H. Regan Jan 2003

Do World Trade Organization Dispute Settlement Reports Affect The Obligations Of Non-Parties? -- Response To Mcnelis, Donald H. Regan

Articles

In the June 2003 issue of this Journal, Natalie McNelis argued that when a World Trade Organization (WTO) dispute is settled by a Dispute Settlement Body (DSB) report, even Members who are not parties to the dispute have an obligation to conform their behaviour to legal principles laid down in the report. 1 Although I am generally sympathetic to McNeis's conclusion-and although I think she does a great service by directing our attention to the question of how Members, as opposed to later tribunals, should respond to DSB reports-I think her argument cannot stand as she presents it. After explaining …

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Further Thoughts On The Role Of Regulatory Purpose Under Article Iii Of The General Agreement On Tariffs And Trade: A Tribute To Bob Hudec, Donald H. Regan Jan 2003

Further Thoughts On The Role Of Regulatory Purpose Under Article Iii Of The General Agreement On Tariffs And Trade: A Tribute To Bob Hudec, Donald H. Regan

Articles

My topic in this article is the role of regulatory purpose under Article III of the GATT, and I regard Bob [Hudec] as the patron saint of efforts to establish the relevance of purpose. His famous "Requiem for an 'Aims and Effects' Test" may have been called a requiem, but it was reluctant and sceptical. Bob thought dispute settlement tribunals ought to consider the regulator's purpose, and he thought they would do so, whatever they said. As decisions on Article III accumulate, we are in the process of learning that he was right on both counts.

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Enforcement Of Wto Rulings: An Interest Group Analysis, Mark L. Movsesian Jan 2003

Enforcement Of Wto Rulings: An Interest Group Analysis, Mark L. Movsesian

Faculty Publications

The WTO's Dispute Settlement Understanding ("DSU") provides that disputes are to be resolved in adversarial proceedings before impartial panels of experts. These panels have authority to decide whether members' laws conform to WTO requirements; members may appeal rulings to a permanent Appellate Body within the organization, which has the final say on questions of law and legal interpretation. Under the DSU, if a member fails to comply with a final ruling in a dispute, the prevailing party may retaliate by suspending trade concessions that it owes the offending member. This retaliation can continue until the offending member implements the WTO's …

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Dec. 2002, Cao. Insuring Responsible Investments. Rev Of Miga's Envtl Soc. Proc., Cao Dec 2002

Dec. 2002, Cao. Insuring Responsible Investments. Rev Of Miga's Envtl Soc. Proc., Cao

CAO General 1999-Present

No abstract provided.

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Nov. 22 2002, Emails Btwn R. Kyte, Ifc, From Oilwatch Africa, Re Niger Delta Facility, Cao Nov 2002

Nov. 22 2002, Emails Btwn R. Kyte, Ifc, From Oilwatch Africa, Re Niger Delta Facility, Cao

CAO General 1999-Present

No abstract provided.

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October 2002, Cao, Extracting Sustainable Advantage Report, Cao Oct 2002

October 2002, Cao, Extracting Sustainable Advantage Report, Cao

CAO General 1999-Present

No abstract provided.

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Sept. 2002, Cao, Review Of Ifc's Safeguard Policies, Ifc Staff Survey. Summary Report., Cao Sep 2002

Sept. 2002, Cao, Review Of Ifc's Safeguard Policies, Ifc Staff Survey. Summary Report., Cao

CAO General 1999-Present

No abstract provided.

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Reevaluating Amateurism Standards In Men's College Basketball, Marc Edelman Jun 2002

Reevaluating Amateurism Standards In Men's College Basketball, Marc Edelman

University of Michigan Journal of Law Reform

This Note argues that courts should interpret NCAA conduct under the Principle of Amateurism as a violation of§ 1 of the Sherman Antitrust Act and that courts should order NCAA deregulation of student-athletes' indirect financial activities. Part I of this Note discusses the history of NCAA regulation, specifically its Principle of Amateurism. Part II discusses the current impact of antitrust laws on the NCAA. Part III argues that the NCAA violates antitrust laws because the Principle of Amateurism's overall effect is anticompetitive. Part IV argues the NCAA could institute an amateurism standard with a net pro-competitive effect by allowing student-athletes …

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Freedom Of Religious Association: The Right Of Religious Organizations To Obtain Legal Entity Status Under The European Convention, Lance S. Lehnhof May 2002

Freedom Of Religious Association: The Right Of Religious Organizations To Obtain Legal Entity Status Under The European Convention, Lance S. Lehnhof

BYU Law Review

No abstract provided.

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Apr. 18, 2002, Ifc And Sustainability, An Update, Ppt, Ifc Apr 2002

Apr. 18, 2002, Ifc And Sustainability, An Update, Ppt, Ifc

IFC E&S Performance Standards

No abstract provided.

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April 10. 2002, Letter From E. Etelson, Project Underground Staff Attorney To M. Taylor, Cao, Re Yanacocha Case, Erica Etelson Apr 2002

April 10. 2002, Letter From E. Etelson, Project Underground Staff Attorney To M. Taylor, Cao, Re Yanacocha Case, Erica Etelson

CAO General 1999-Present

No abstract provided.

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March 28. 2002, Terms Of Reference For Cao Contribution To The Extractive Industries Review, Draft, Cao Mar 2002

March 28. 2002, Terms Of Reference For Cao Contribution To The Extractive Industries Review, Draft, Cao

CAO General 1999-Present

No abstract provided.

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The Twilight Of Organizational Form For Charity: Musings On Norman Silber, A Corporate Form Of Freedom: The Emergence Of The Modern Nonprofit Sector (Book Review), Evelyn Brody Mar 2002

The Twilight Of Organizational Form For Charity: Musings On Norman Silber, A Corporate Form Of Freedom: The Emergence Of The Modern Nonprofit Sector (Book Review), Evelyn Brody

All Faculty Scholarship

No abstract provided.

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Undated (2002), Cso Gaps Analysis, V2, Ifc Jan 2002

Undated (2002), Cso Gaps Analysis, V2, Ifc

IFC E&S Performance Standards

No abstract provided.

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Foreign Direct Investment In Latin America Overview And Current Status, Reuven S. Avi-Yonah, Martin B. Tittle Jan 2002

Foreign Direct Investment In Latin America Overview And Current Status, Reuven S. Avi-Yonah, Martin B. Tittle

Other Publications

More firms than ever, and in more industries and countries, are expanding abroad through [foreign] direct investment [FDI]. Although FDI in 1980 was equivalent to only 5% of world GDP, by the end of the 1990's, that percentage had more than tripled to 17%. In 1993, the total US dollar value of world FDI was only US$ 200 billion, but by the year 2000, it had risen to US$ 1.3 thousand billion. Developing countries received around 25% of these inflows, mostly in the form of "greenfield" investments, where a new enterprise is essentially created from scratch.

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The Precautionary Principle: Development Of An International Standard, Sonia Boutillon Jan 2002

The Precautionary Principle: Development Of An International Standard, Sonia Boutillon

Michigan Journal of International Law

This Note characterizes and evaluates the current status of the precautionary principle in international law and suggests how it could be more effectively incorporated into bodies of law such as trade law. Much of the literature focuses on whether the principle is a legal rule. This Note shows that precaution need not necessarily fit into the traditional categories of international legal sources' but may derive its legal force from being interpreted as a standard. While the theme-and thesis-of this Note will strike some as provocative, it will appear as an understatement to others, thereby reflecting the ongoing controversy about the …

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Cross-Examining Expertise In The Wto Dispute Settlement Process, Christopher T. Timura Jan 2002

Cross-Examining Expertise In The Wto Dispute Settlement Process, Christopher T. Timura

Michigan Journal of International Law

Part I of this Note surveys some of the recent contributions that social theorists and social scientists have made to our understanding of the role of experts in society, and also the structure of expert communities. Experts are everywhere in modern life, and individuals are with increasing frequency asked to extend their trust to experts and bodies of knowledge that they have little or no opportunity to question. Part II highlights how the WTO Agreement deals with experts, using recent WTO panel reports to illustrate the ways in which the DSB has operationalized its various provisions. Part III suggests two …

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Who Should Watch Over Refugee Law?, James C. Hathaway Jan 2002

Who Should Watch Over Refugee Law?, James C. Hathaway

Articles

We simply cannot afford to sell out the future of refugee protection in a hasty bid to establish something that looks, more or less, like an oversight mechanism for the Refugee Convention.

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Who Should Watch Over Refugee Law?, James C. Hathaway Jan 2002

Who Should Watch Over Refugee Law?, James C. Hathaway

Articles

We simply cannot afford to sell out the future of refugee protection in a hasty bid to establish something that looks, more or less, like an oversight mechanism for the Refugee Convention.

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Regulatory Purpose And 'Like Products' In Article Iii:4 Of The Gatt (With Additional Remarks On Article Ii:2), Donald H. Regan Jan 2002

Regulatory Purpose And 'Like Products' In Article Iii:4 Of The Gatt (With Additional Remarks On Article Ii:2), Donald H. Regan

Articles

In European Communities-Measures Affecting Asbestos and Asbestos-Containing Products (EC-Asbestos) the Appellate Body has told us that (1) in interpreting Article 111:4 of the General Agreement on Tariffs and Trade (GATT), we must take explicit account of the policy in Article 111:1 that measures should not be applied "so as to afford protection to domestic production" [hereafter just "so as to afford protection"]. In Chile--Taxes on Alcoholic Beverages (Chile--Alcohol) the Appellate Body has told us that (2) in deciding whether a measure is applied "so as to afford protection", we must consider "the purposes or objectives of a Member's legislature and …

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The Greening Of The World Trade Organization, Sydney M. Cone Iii. Jan 2002

The Greening Of The World Trade Organization, Sydney M. Cone Iii.

Articles & Chapters

No abstract provided.

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Little Engines That Could: Community Clients, Their Lawyers, And Training In The Arts Of Democracy, Susan Bennett Jan 2002

Little Engines That Could: Community Clients, Their Lawyers, And Training In The Arts Of Democracy, Susan Bennett

Presentations

We assume a lot about the virtues of governance "from the bottom up." We trust in it as an antidote: to oppression from the other direction; to the kind of "top-down" planning that we blame for the tragedies of urban renewal; and to the hubris of any "helping professionals" who think they have good ideas about the way in which communities ought to be helped.' In short, we place a great deal of faith in the authenticity of the neighborhood-based organization as an engine of democracy. Less emphatically, we also (sometimes) assume that programs run by neighborhood-based organizations carry with …

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Cartography Of Governance: An Introduction, Lakshman D. Guruswamy Jan 2002

Cartography Of Governance: An Introduction, Lakshman D. Guruswamy

Publications

No abstract provided.

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Jul. 5, 2001, P. Woicke, Ifc Evp, Letter To F. Seymour, Wri, Re Ifc Envtl Record, Peter L. Woicke Jul 2001

Jul. 5, 2001, P. Woicke, Ifc Evp, Letter To F. Seymour, Wri, Re Ifc Envtl Record, Peter L. Woicke

IFC E&S Performance Standards

No abstract provided.

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Rendering Unto Caesar Or Electioneering For Caesar--Loss Of Church Tax Exemption For Participation In Electoral Politics, Alan L. Feld Jul 2001

Rendering Unto Caesar Or Electioneering For Caesar--Loss Of Church Tax Exemption For Participation In Electoral Politics, Alan L. Feld

Faculty Scholarship

The restriction on church participation in political campaigns contained in the Internal Revenue Code operates uneasily. It appears to serve the useful purpose of separating the spheres of religion and electoral politics. But the separation often is only apparent, as churches in practice signal support for a particular candidate in a variety of rays that historically have not cost them their exemptions. Although the limited enforcement by the Internal Revenue Service has reflected the sensitive nature of the First Amendment values present, the federal government should provide more formal elaboration by statute or regulation. Focus on the use of funds …

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Organizational Demonization: The Fbi As Sinner, Ibpp Editor May 2001

Organizational Demonization: The Fbi As Sinner, Ibpp Editor

International Bulletin of Political Psychology

This article describes several descriptive attributions that might "explain" the Federal Bureau of Investigation (FBI) not providing all available information relevant to criminal cases to parties legally authorized to receive such information.

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The Religious Freedom And Legal Status Of Churches, Religious Organizations, And New Religious Movements In The Slovak Republic, Martin Dojcar May 2001

The Religious Freedom And Legal Status Of Churches, Religious Organizations, And New Religious Movements In The Slovak Republic, Martin Dojcar

BYU Law Review

No abstract provided.

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Decision-Makers Without Duties: Defining The Duties Of Parent Corporations Acting As Sole Corporate Members In Nonprofit Health Care System, Dana Brakman Reiser Jan 2001

Decision-Makers Without Duties: Defining The Duties Of Parent Corporations Acting As Sole Corporate Members In Nonprofit Health Care System, Dana Brakman Reiser

Faculty Scholarship

No abstract provided.

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The Effectiveness Of European Community Law With Specific Regard To Directives: The Critical Step Not Taken By The European Court Of Justice, Carla A. Varner Jan 2001

The Effectiveness Of European Community Law With Specific Regard To Directives: The Critical Step Not Taken By The European Court Of Justice, Carla A. Varner

Michigan Journal of International Law

The purpose of this Note is to investigate the European Court of Justice's less expansive treatment of directives as compared to other forms of EC law through its failure to apply horizontal direct effect to directives. More specifically, this Note attempts to answer two questions which arise from the current status of ECJ jurisprudence: First, why has the Court been reluctant to implement horizontal direct effect for directives, especially in light of other actions it has taken to increase the potency of EC law? Second, given the alternative steps taken by the ECJ, is it still necessary to establish horizontal …

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