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Articles 1171 - 1200 of 1402
Full-Text Articles in Organizations Law
Sexual Orientation And International Law: A Study In The Manufacture Of Cross-Cultural "Sensitivity", Eric Heinze
Sexual Orientation And International Law: A Study In The Manufacture Of Cross-Cultural "Sensitivity", Eric Heinze
Michigan Journal of International Law
Interest groups advocating rights of sexual minorities have been lobbying international organizations for years without success. A standard explanation for that failure is that human sexuality is something complex, even mysterious, which requires that international organizations proceed with special caution. In this essay, it will be argued that such an explanation amounts to a self-fulfilling prophecy. Sexual orientation is neither more nor less complex than many other issues, such as race, ethnicity, religion or gender, which have nevertheless found wide recognition within leading intergovernmental organizations. It is not because sexual orientation is uniquely complex or mysterious that it is barred …
Self-Dealing By Directors, Chen Jean Hui Vivien
Self-Dealing By Directors, Chen Jean Hui Vivien
Student Works (2000-2009)
Directors hold a significant position of influence over the assets and affairs of the company. This position gives rise to the potential for the misuse of the company's assets for the directors' own gain. In an era of marked growth of the significance of companies, there has been an increasing awareness of the need for protection of the company against abuse by directors.In recognition of the position of influence held by directors, equity has regarded directors as fiduciaries. Fiduciary duties to the company have been imposed on directors, specifically constraining self-dealing by directors.
The Asbestos Case And Dispute Settlement In The World Trade Organization: The Uneasy Relationship Between Panels And The Appellate Body, Sydney M. Cone Iii
The Asbestos Case And Dispute Settlement In The World Trade Organization: The Uneasy Relationship Between Panels And The Appellate Body, Sydney M. Cone Iii
Michigan Journal of International Law
This article deals with the working-level dispute-settlement apparatus of the World Trade Organization ("WTO"). In particular, it discusses the work of the Appellate Body and, functioning below it, panels established by the WTO to conduct proceedings in individual cases. It focuses on the relationship between the Appellate Body and panels, and on the responsibilities of the Appellate Body in the context of that relationship.
How International Is 'International' Law?, Kurt Taylor Gaubatz, Matthew Macarthur
How International Is 'International' Law?, Kurt Taylor Gaubatz, Matthew Macarthur
Michigan Journal of International Law
The international legal community posits universality as a central characteristic of modern international law. But there has been little work to assess the degree to which international legal norms are widely shared and incorporated into the foreign policy-making of states. Previous work in this area has attempted to describe the distribution of legal values across cultures. This work has proven contradictory and inconclusive. The epistemic communities literature suggests looking at the distribution of practitioners as an alternative approach for assessing the diffusion of norms and practices. In fact, the community of litigators who practice before the International Court of Justice …
Framing Refugee Protection In The New World Disorder, James C. Hathaway, Colin J. Harvey
Framing Refugee Protection In The New World Disorder, James C. Hathaway, Colin J. Harvey
Articles
A number of jurisdictions have fastened onto a "solution" that appears to reconcile respect for refugee law with the determination of states to rid themselves quickly of potentially violent asylum seekers. Courts in these states have been persuaded that a person who has committed or facilitated acts of violence may lawfully be denied a refugee status hearing under a clause of the Refugee Convention that authorizes the automatic exclusion of persons whom the government reasonably believes are international or extraditable criminals. Refugee law so interpreted is reconcilable with even fairly blunt measures for the exclusion of violent asylum seekers. In …
Why Supervise The Refugee Convention?, James C. Hathaway
Why Supervise The Refugee Convention?, James C. Hathaway
Articles
The Refugee Convention is the only major human rights treaty that is not externally supervised. Under all of the other key UN human rights accords — on the rights of women and children, against torture and racial discrimination, and to promote civil and political, as well as economic, social, and cultural rights — there is at least some effort made to ensure that States are held accountable for what they have signed onto.
Nov. 2. 2000, Cao, Progress Report, Office Of Cao, Power Point, Cao
Nov. 2. 2000, Cao, Progress Report, Office Of Cao, Power Point, Cao
CAO General 1999-Present
No abstract provided.
After Seattle: Public International Organizations, Non-Governmental Organizations (Ngos), And Democratic Legitimacy In An Era Of Globalization: An Essay In Contested Legitimacy, Kenneth Anderson
Working Papers
This working monograph (about 120,000 words) analyzes the relationship between public international organizations such as the United Nations system and international non-governmental organizations under conditions of globalization. It argues that international organizations and international NGOs are locked in an embrace of mutual legitimation, each giving the other important political legitimacy, in favor of liberal internationalism and at the expense of democratic sovereignty. The monograph argues that the legitimacy that each gives the other is based on flawed assumptions about the nature of civil society and "international civil society," on the one hand, and global governance and the possibilities of international, …
June. 26. 2000, Cao, Information Dissemination And Communications Strategy, Dft (Annotated C.Saladin), Cao
CAO General 1999-Present
No abstract provided.
June. 15. 2000, Cao, Strategic Plan For The Office Of Ifc, Mga, Draft, Cao
June. 15. 2000, Cao, Strategic Plan For The Office Of Ifc, Mga, Draft, Cao
CAO General 1999-Present
No abstract provided.
March 9, 2000, Cao, Discussion Paper For Roundtable Meeting, Cao
March 9, 2000, Cao, Discussion Paper For Roundtable Meeting, Cao
CAO General 1999-Present
No abstract provided.
March. 9. 2000, Cao, Revised Agenda For Roundtable On Cao Guidelines, Cao
March. 9. 2000, Cao, Revised Agenda For Roundtable On Cao Guidelines, Cao
CAO General 1999-Present
No abstract provided.
March 9, 2000, Cao, Brief For Participants In Cao Roundtable On Draft Operational Guidelines, Meg Taylor
March 9, 2000, Cao, Brief For Participants In Cao Roundtable On Draft Operational Guidelines, Meg Taylor
CAO General 1999-Present
No abstract provided.
March 8, 2000, Cao, Responses On Draft Cao Operational Guidelines Incorporated In Matrix (List Of Comments), Draft, Cao
CAO General 1999-Present
No abstract provided.
March 2, 2000, Ltr To M. Taylor, Cao, Regarding Comments From Bic, Ciel And Pacific Environment On Cao Draft Guidelines, Kay Treakle, Claudia Saladin, Doug Norlen
March 2, 2000, Ltr To M. Taylor, Cao, Regarding Comments From Bic, Ciel And Pacific Environment On Cao Draft Guidelines, Kay Treakle, Claudia Saladin, Doug Norlen
CAO General 1999-Present
No abstract provided.
Feb. 22. 2000, Memo To M. Taylor, From M. Orellana, Gabb, Comments To The Cao Operational Guidelines, Marcos A. Orellana Cruz
Feb. 22. 2000, Memo To M. Taylor, From M. Orellana, Gabb, Comments To The Cao Operational Guidelines, Marcos A. Orellana Cruz
CAO General 1999-Present
No abstract provided.
Feb. 2000, Oxfam Uk, Comments On The Draft Cao Operating Guidelines, P. Feeney, Patricia Feeney
Feb. 2000, Oxfam Uk, Comments On The Draft Cao Operating Guidelines, P. Feeney, Patricia Feeney
CAO General 1999-Present
No abstract provided.
Labor Rights, Globalization And Institutions: The Role And Influence Of The Organization For Economic Cooperation And Development, James Salzman
Labor Rights, Globalization And Institutions: The Role And Influence Of The Organization For Economic Cooperation And Development, James Salzman
Michigan Journal of International Law
This Article has four sections. The first recounts the history of the OECD, from its creation as the overseer of the Marshall Plan to its current prominence as global economic analyst, and explains its operations. The second section explores its influence on the development of labor rights, examining the well-known OECD Guidelines for Multinational Enterprises, publications on trade and labor by the Employment, Labor and Social Affairs Directorate, and the events surrounding South Korea's accession to the OECD. Each of these activities, though quite different from one another (and, in combination, very different from the activities of other IGOs), provided …
Multiple Directorships: The Fiduciary Duties And Conflicts Of Interest That Arise When One Individual Serves More Than One Corporation, 33 J. Marshall L. Rev. 561 (2000), John K. Wells
UIC Law Review
No abstract provided.
The Statute Of The International Criminal Court And Third States, Gennady M. Danilenko
The Statute Of The International Criminal Court And Third States, Gennady M. Danilenko
Michigan Journal of International Law
This paper examines the principal legal and political effects of the Rome Statute on non-parties. In particular, it explores the significance of the creation of a new powerful international institution for all members of the international community. It discusses the jurisdictional reach of the ICC which will inevitably affect all States. This paper also analyzes possible application of some provisions of the Rome Statute to non-States Parties in so far as these may reflect or generate customary international law. It suggests that despite the traditional principle of treaty law, according to which treaties do not bind Third States, the Rome …
The Desirability Of Agreeing To Disagree: The Wto, Trips, International Ipr Exhaustion And A Few Other Things, Vincent Chiappetta
The Desirability Of Agreeing To Disagree: The Wto, Trips, International Ipr Exhaustion And A Few Other Things, Vincent Chiappetta
Michigan Journal of International Law
This Article proposes a procedural and substantive approach specifically designed to achieve this result. Concerning process, interim national and regional decisionmaking and the multilateral debate must expressly broaden and clarify the values and interests at stake. Three basic operational principles advance this objective. First, comparisons based on IPR labels (patent, copyright, and the like) confuse rather than illuminate. Instead, focus must be on the actual underlying policy justifications and objectives. Second, the full range of implicated justifications (economic and otherwise), including those outside the decision-makers' own norms, must be expressly identified and considered. Finally, any position taken or decision reached …
The Product/Process Distinction - An Illusory Basis For Disciplining 'Unilateralism' In Trade Policy, Robert L. Howse, Donald H. Regan
The Product/Process Distinction - An Illusory Basis For Disciplining 'Unilateralism' In Trade Policy, Robert L. Howse, Donald H. Regan
Articles
It has become conventional wisdom that internal regulations that distinguish between products on the basis of their production method are GATT-illegal, where applied to restrict imports (although possibly some such measures might be justified as 'exceptions' under Article XX). The aim of this article is to challenge this conventional wisdom, both from a jurisprudential and a policy perspective. First, we argue there is no real support in the text and jurisprudence of the GATT for the product/process distinction. The notion developed in the unadopted Tuna/Dolphin cases that processed-based measures are somehow excluded from the coverage of Article III (National Treatment) …
The World Trade Constitution, John O. Mcginnis, Mark L. Movsesian
The World Trade Constitution, John O. Mcginnis, Mark L. Movsesian
Faculty Publications
Conventional wisdom holds that the World Trade Organization (WTO) necessarily poses a threat to sovereignty and representative government within its member nations. Professors McGinnis and Movsesian refute this view. They argue that the WTO can be understood as a constitutive structure that, by reducing the power of protectionist interest groups, can simultaneously promote international trade and domestic democracy. Indeed, in promoting both free trade and accountable government, the WTO reflects many of the insights that inform our own Madisonian Constitution. Professors McGinnis and Movsesian reject recent proposals to grant the WTO regulatory authority, endorsing instead the WTO's limited adjudicative power …
Jul. 8, 1999, Harmful Child Labor Interim Guidance, Ifc
Jul. 8, 1999, Harmful Child Labor Interim Guidance, Ifc
IFC E&S Performance Standards
No abstract provided.
Jehovah's Witnesses V. Land Berlin: Requiring Religious Communities Seeking Public Corporation Status In Germany To Satisfy The "Meaning And Purpose Of Corporation Status" Test, Scott Kent Brown Ii
Jehovah's Witnesses V. Land Berlin: Requiring Religious Communities Seeking Public Corporation Status In Germany To Satisfy The "Meaning And Purpose Of Corporation Status" Test, Scott Kent Brown Ii
BYU Law Review
No abstract provided.
Charities In Tax Reform: Threats To Subsidies Overt And Covert, Evelyn Brody
Charities In Tax Reform: Threats To Subsidies Overt And Covert, Evelyn Brody
All Faculty Scholarship
Fundamental tax reform would do far more damage to charities than the obvious repeal of the deduction for charitable contributions. Over the decades, charities have quietly garnered billions of dollars worth of indirect benefits. For example, the largest tax expenditure - the exclusion from workers' income of employer-provided health insurance - has fattened nonprofit hospitals, and the new tuition tax credits promise to spur tuition inflation. Tax reform presents an opportunity to eliminate tax subsidies and enact any desired direct expenditures for specific public goods and activities. However, converting tax expenditures to direct outlays would likely take the form of …
Getting Along: The Evolution Of Dispute Resolution Regimes In International Trade Organizations, Andrea Kupfer Schneider
Getting Along: The Evolution Of Dispute Resolution Regimes In International Trade Organizations, Andrea Kupfer Schneider
Michigan Journal of International Law
In the face of the remarkable growth of international organizations in the last fifty years, scholars in multiple disciplines have sought to explain why and how states cooperate. Dispute resolution is one of the most crucial components of international cooperation. Examining the dispute resolution regimes of international organizations in light of these theories can inform and help reform these evolving regimes.
Budweiser Or Budweiser, 32 J. Marshall L. Rev. 1251 (1999), Jitka Smith
Budweiser Or Budweiser, 32 J. Marshall L. Rev. 1251 (1999), Jitka Smith
UIC Law Review
No abstract provided.
The Long Road Ahead: Dispute Settlement In The Gatt/Wto, Dukgeun Ahn
The Long Road Ahead: Dispute Settlement In The Gatt/Wto, Dukgeun Ahn
Michigan Journal of International Law
Review of International Trade Law and the GATT/WTO Dispute Settlement System by Ernst-Ulrich Petersmann
Environmental Disputes In The Gatt/Wto: Before And After Us-Shrimp Case, Dukgeun Ahn
Environmental Disputes In The Gatt/Wto: Before And After Us-Shrimp Case, Dukgeun Ahn
Michigan Journal of International Law
This paper aims to present the legal analysis of the rulings by the Panel and, with more emphasis, the Appellate Body in US-Shrimp. Section I briefly reviews general dispute settlement mechanisms provided in international environmental conventions. Section II summarizes the practices regarding Article XX of the GATT in the GATTIWTO dispute settlement systems prior to US-Shrimp. Section III presents the factual background of US-Shrimp case and the legal analysis of several procedural and substantive issues specifically addressed in the Appellate Body report. Section IV examines the remaining issues to be addressed in trade disputes with environmental implication after …