International Law Commons^™

Perspectives On International Criminal Justice, M. Bassiouni

College of Law Faculty

No abstract provided.

Perspectives On International Criminal Justice, M. Bassiouni

College of Law Faculty

No abstract provided.

International Law And African Judiciaries: The Example Of South Africa, Erika George

Faculty Scholarship

In recent years, commentators have questioned the extent to which African courts would rely upon foreign law or resort to rules of international law in their domestic decision making. I Comparatively, the African continent offers an interesting and important point of departure for exploring the influence of international law on domestic legal systems. While Africa boasts a number of new constitutional democracies, Africa is also home to a number of countries that remain burdened by colonial legacies and conflict.

It would not be unreasonable to expect international and foreign law to meet with considerable resistance or to be rejected as …

Tax Fraud In The Sales Tax: Zappers — What Are They? How Can Puerto Rico Block Them?, Richard Thompson Ainsworth

Faculty Scholarship

The Sales and Use Tax is an essential part of Puerto Rico’s revenue profile. Effective only recently (November 15, 2006) the Impuesto a las Ventas y Uso (IVU) was expected to raise between $2.3 and $1.05 billion annually, and has already become the Commonwealth’s fourth largest revenue source. Actual revenue results for 2007-2008 came in at $1.1 billion, which admittedly is closer to the low end than the high end of what is possible, but now that the tax is in place the next pressing question is how can its performance be improved?

This paper generally proposes that Puerto Rico …

Human Rights For Hedgehogs?: Global Value Pluralism, International Law, And Some Reservations Of The Fox, Robert D. Sloane

Faculty Scholarship

This essay, a contribution to the Boston University Law Review’s symposium on Ronald Dworkin’s forthcoming book, Justice for Hedgehogs, critiques the manuscript’s account of international human rights on five grounds. First, it is vague: it fails to offer much if any guidance relative to many of the most difficult concrete issues that arise in the field of international human rights law and policy - precisely the circumstances in which international lawyers might benefit from the guidance that moral foundations supposedly promise. It is also troubling, and puzzling given Dworkin’s well-known commitment to the right-answer thesis, that his account of human …

Sovereignty, Integration, And Tax Avoidance In The European Union: Striking The Proper Balance, Lilian Faulhaber

Faculty Scholarship

As the need to raise revenue becomes more pressing and public opposition to tax avoidance increases, the European Court of Justice has made it more difficult for the twenty-seven Member States of the European Union to prevent tax avoidance and shape fiscal policy. This article introduces the new anti-avoidance doctrine of the European Court of Justice and analyzes it from the perspective of taxpayers, Member States and the European Union legal order as a whole. This doctrine is problematic becasue it has created a legislative vacuum in Europe. No European Union institution has the authority to regulate direct taxation without …

Corporate War Crimes: Prosecuting Pillage Of Natural Resources, James G. Stewart

All Faculty Publications

Pillage means theft during war. Although the prohibition against pillage dates to antiquity, pillaging is a modern war crime that can be enforced before international and domestic criminal courts. Following World War II, several businessmen were convicted for the pillage of natural resources. And yet modern commercial actors are seldom held accountable for their role in the illegal exploitation of natural resources from modern conflict zones, even though pillage is prosecuted as a matter of course in other contexts. This book offers a doctrinal road-map of the law governing pillage as applied to the illegal exploitation of natural resources by …

Asia's Participation In Global Health Diplomacy And Global Health Governance, David P. Fidler

Articles by Maurer Faculty

This article provides a framework for thinking about Asian approaches to and impact on global health diplomacy and governance that might contribute to more sophisticated analyses on Asia in global health politics, diplomacy, and governance. First, the article examines the "rise of Asia" and "rise of health" as overlapping but unconnected developments in international relations. Second, it analyzes how the shift of power and influence towards Asia, largely caused by China's and India's emergence as great powers; affects global health politics and potential Asian contributions to global health diplomacy and governance in the future. Third, the article looks at normative …

The Ifc's New Africa, Latin America, And Caribbean Fund: Its Worrisome Start, And How To Fix It, Christiana Ochoa, Patrick J. Keenan

Articles by Maurer Faculty

In April 2010 the International Finance Corporation announced the creation of the African, Latin American, and Caribbean fund, a new co-investment vehicle funded largely with commitments from sovereign wealth and pension funds. The fund's objective was to draw on the IFC and the World Bank's strengths in emerging markets to identify and support enterprises that might not otherwise have come to the attention of large investors and thereby help strengthen the private sector and alleviate poverty in some of the world's poorest countries. Unfortunately the fund has, so far, proven a disappointment. It has invested only in large corporations that …

Table Of Contents - Issue 2

South Carolina Journal of International Law and Business

No abstract provided.

Why Congress Should Expand The Subject Matter Jurisdiction Of The United States Court Of International Trade, Devin S. Sikes

South Carolina Journal of International Law and Business

No abstract provided.

Corporate Misbehavior & International Law: Are There Alternatives To Complicity, Miriam Mafessanti

South Carolina Journal of International Law and Business

No abstract provided.

H-1b Visa Legislation: Legal Deficiencies And The Need For Reform, Alaina M. Beach

South Carolina Journal of International Law and Business

No abstract provided.

Thinly Veiled: Institutional Messages In The Language Of Secularism In Public Schools In France And The United States, R. Vance Eaton

South Carolina Journal of International Law and Business

No abstract provided.

Judicial Terrorism - Analysis Of The Exxon/Venezuela Litigation And Prejudgment Attachment Under The Foreign Sovereign Immunities Act, Matthew Nickles

South Carolina Journal of International Law and Business

No abstract provided.

Table Of Contents - Issue 1

South Carolina Journal of International Law and Business

No abstract provided.

Entrepreneurship And Innovation: The Hidden Costs Of Corporate Governance In Europe, Jose Miguel Mendoza, Christoph Van Der Elst, Erik P. M. Vermeulen

South Carolina Journal of International Law and Business

No abstract provided.

Unintended Consequences: Sarbanes-Oxley And Its Progeny, Robert E. Freer Jr., Raymond W. Burroughs

South Carolina Journal of International Law and Business

No abstract provided.

The Cure Causes New Symptoms: Capital Control Effects Of Tax Enforcement, Gold Regulation, And Retirement Reform, Beckett G. Cantley

South Carolina Journal of International Law and Business

No abstract provided.

Eagle Versus Phoenix: A Tale Of Federalism, Samuel L. Johnson

South Carolina Journal of International Law and Business

No abstract provided.