The Dark Triad: Private Benefits Of Control, Voting Caps And The Mandatory Takeover Rule,
2023
DePaul University
The Dark Triad: Private Benefits Of Control, Voting Caps And The Mandatory Takeover Rule, Jorge Brito Pereira
DePaul Business & Commercial Law Journal
No abstract provided.
Deferring Intellectual Property Rights In Pandemic Times,
2023
Texas A&M University School of Law
Deferring Intellectual Property Rights In Pandemic Times, Peter K. Yu
Faculty Scholarship
This Article examines an unprecedented proposal that India and South Africa submitted to the World Trade Organization (WTO) in October 2020, which called for a waiver of more than 30 provisions in the Agreement on Trade-Related Aspects of Intellectual Property Rights to help combat COVID-19. It begins by recounting the proposal's strengths and weaknesses. The Article then identifies the challenges surrounding the negotiation and implementation of the proposed waiver. It shows why these two sets of challenges were neither separate nor sequential, but deeply entangled at the time of the international negotiations.
To respond to these challenges and the negotiation …
How Free Should A Freeport Be?: Reducing Money Laundering In The Art Market Through Freeport Regulation,
2023
Vanderbilt University
How Free Should A Freeport Be?: Reducing Money Laundering In The Art Market Through Freeport Regulation, Cates Grier Saleeby
Vanderbilt Journal of Entertainment & Technology Law
The tax incentives that luxury freeports provide have created opportunities for money laundering and other forms of financial crime through the sale of art. The use of such institutions in combination with the anonymity that art transactions allow can create a series of transactions that are difficult to track, making the market ripe for corrupt behavior. Legislation like the Anti-Money Laundering Act, the Bank Secrecy Act, and the Money Laundering Control Act have helped reduce financial crime, but an approach more narrowly tailored to the art market and the freeports that enable its high value sales would further the goals …
New Investment Rulemaking In Asia: Between Regionalism And Domestication,
2023
Singapore Management University
New Investment Rulemaking In Asia: Between Regionalism And Domestication, Pasha L. Hsieh
Research Collection Yong Pung How School Of Law
The article analyses investment rulemaking in new Asian regionalism in the context of evolving national legislation and regional trade strategies. It argues that the Association of Southeast Asian Nations (ASEAN) and the Regional Comprehensive Economic Partnership (RCEP) represent Asia's pragmatic incrementalism in reforming the investment regime. The process reinforces the relationship between international economic law and domestic investment laws. In tandem with transforming international investment agreements, ASEAN expedited investment and services trade, and established the modern investor–state dispute settlement (ISDS) mechanism. The RCEP further buttresses the ASEAN centrality in regional frameworks by consolidating ASEAN Plus One agreements. Yet, the RCEP's …
Foreseeability Conventions,
2023
Yale Law School
Foreseeability Conventions, John Fabian Witt, Morgan Savige
Cardozo Law Review
How has the foreseeability standard survived its critics? Law relies on foreseeability to solve hard legal problems in a vast array of doctrinal fields. But for a century and more, critics have pilloried the standard as hopelessly indeterminate. Decisionmakers, observe the critics, can characterize virtually any consequence as either foreseeable or unforeseeable. It all depends on how one tells the story. This Article explains the conundrum of foreseeability’s puzzling persistence by offering a novel account of how foreseeability has flourished in fields like tort, contract, and crime. Foreseeability has survived and flourished, the Article proposes, not because it carries determinate …
Resetting The Rules On Trade And Gender? A Comparative Assessment Of Gender Approaches In Regional Trade Agreements In The Context Of A Possible Gender Protocol Under The African Continental Free Trade Area,
2023
Georgetown University Law Center
Resetting The Rules On Trade And Gender? A Comparative Assessment Of Gender Approaches In Regional Trade Agreements In The Context Of A Possible Gender Protocol Under The African Continental Free Trade Area, Katrin Kuhlmann
Georgetown Law Faculty Publications and Other Works
At long last, gender and trade are together on the international agenda, with significant implications for women entrepreneurs and traders around the world. Alongside the landmark 2017 Joint Declaration on Trade and Women’s Empowerment, regional trade agreements (RTAs) have taken the lead on more tangible gender commitments. One such RTA is the African Continental Free Trade Area (AfCFTA), in which gender appears as an express priority alongside sustainable and inclusive socio-economic development. Yet, this is only a starting point. A gender-focused protocol has been proposed under the AfCFTA framework, representing a significant opportunity to reassess RTA provisions on gender and …
Adopting Components Of European Union Esg Securities Regulations Into United States Securities Regulation,
2023
Penn State Dickinson Law
Adopting Components Of European Union Esg Securities Regulations Into United States Securities Regulation, Chris Wright
Penn State Journal of Law & International Affairs (2012 - Present)
No abstract provided.
Places In Purgatory: Accumulation Through Dispossession In U.S. Territories,
2023
Penn State Dickinson Law
Places In Purgatory: Accumulation Through Dispossession In U.S. Territories, Erin Mccracken
Penn State Journal of Law & International Affairs (2012 - Present)
No abstract provided.
Men Are Winning: Why Paid Paternity Leave Has Not Taken Full Flight In The United States,
2023
Penn State Dickinson Law
Men Are Winning: Why Paid Paternity Leave Has Not Taken Full Flight In The United States, Nina Franco
Penn State Journal of Law & International Affairs (2012 - Present)
No abstract provided.
Mapping The Evolution Of Legitimacy: Arbitration Clauses In Investment Chapters Of American International Free Trade Agreements,
2023
Penn State Dickinson Law
Mapping The Evolution Of Legitimacy: Arbitration Clauses In Investment Chapters Of American International Free Trade Agreements, Victoria Crynes
Penn State Journal of Law & International Affairs (2012 - Present)
No abstract provided.
Emancipating Human Rights Protection From The State's Stronghold: The Need For Multi-Stakeholder Solutions,
2023
Penn State Dickinson Law
Emancipating Human Rights Protection From The State's Stronghold: The Need For Multi-Stakeholder Solutions, Mariana Olaizola Rosenblat
Penn State Journal of Law & International Affairs (2012 - Present)
No abstract provided.
Comparative Rights To Counsel And Access To Justice: The American And Brazilian Approaches And Realities,
2023
Penn State Dickinson Law
Comparative Rights To Counsel And Access To Justice: The American And Brazilian Approaches And Realities, Fernanda Antunes Marques Junqueira, Flavio Da Costa Higa, Benjamin H. Barton
Penn State Journal of Law & International Affairs (2012 - Present)
No abstract provided.
An Imperfect War: The Legality Of The 'Soleimani Strike' And Why The Biden Administration Should Adopt Its Precedent For Future Operations In Iraq And Afghanistan,
2023
Penn State Dickinson Law
An Imperfect War: The Legality Of The 'Soleimani Strike' And Why The Biden Administration Should Adopt Its Precedent For Future Operations In Iraq And Afghanistan, Stephen Jackson
Penn State Journal of Law & International Affairs (2012 - Present)
No abstract provided.
Democratic Accountability In Stressful Times: When Decisions Must Be Made Quickly,
2023
Penn State Dickinson Law
Democratic Accountability In Stressful Times: When Decisions Must Be Made Quickly, Letizia Gianni
Penn State Journal of Law & International Affairs (2012 - Present)
No abstract provided.
Dedication,
2023
Penn State Dickinson Law
Dedication
Penn State Journal of Law & International Affairs (2012 - Present)
No abstract provided.
Foreword,
2023
Penn State Dickinson Law
Foreword
Penn State Journal of Law & International Affairs (2012 - Present)
No abstract provided.
Table Of Contents,
2023
Penn State Dickinson Law
Table Of Contents
Penn State Journal of Law & International Affairs (2012 - Present)
No abstract provided.
Commercialization Of Separated Human Body Parts - Unpacking Instrumentalization Approach,
2023
Pace University
Commercialization Of Separated Human Body Parts - Unpacking Instrumentalization Approach, Arseny Shevelev, Georgy Shevelev
Pace International Law Review
The principle of non-commercialization, which prohibits trade in separated human body parts, has long been firmly embedded in many European legal orders and has become an integral part of them. However, many new uses for human biomaterials have now been discovered, and the need for them has reached a historical climax. This paper aims to explain the main tenets of non-commercialization theory, including such principles as human dignity and need to protect human’s health, and to show that these categories have so far been understood in a very one-sided and visceral way, and largely in contradiction to their true spirit. …
Kepastian Hukum Kantor Perwakilan Badan Usaha Jasa Konstruksi Asing Dalam Melakukan Kegiatan Usaha Di Indonesia,
2023
Universitas Indonesia
Kepastian Hukum Kantor Perwakilan Badan Usaha Jasa Konstruksi Asing Dalam Melakukan Kegiatan Usaha Di Indonesia, Emy Mutia Zahrina
"Dharmasisya” Jurnal Program Magister Hukum FHUI
Representative offices are present in Indonesia in order to meet the needs of global economic growth in all countries. Multinational companies expand their business to other countries through relocation policies. The aim is none other than an effort to reduce production costs through a number of comparative advantages possessed by Indonesia as well as seizing such a large market for these products, and through this way multinational companies benefit. The presence of representative offices in Indonesia is regulated by Presidential Decree Number 90 of 2000 concerning Representative Offices of Foreign Companies. Through the Presidential Decree, the government limits the scope …
Cross-Border Transfer Pricing Sebagai Tindakan Tax Avoidance,
2023
Universitas Indonesia
Cross-Border Transfer Pricing Sebagai Tindakan Tax Avoidance, Elleanor Rigby Bangun
"Dharmasisya” Jurnal Program Magister Hukum FHUI
Transfer Pricing refers to pricing transaction within and between enterprises situated in different countries and belong to the same multinational group. Cross-border transaction inevitably affects international taxation, especially when multinational enterprises encounter two or more countries that apply different tax collection systems. Consequently, a Tax Treaty (Perjanjian Penghindaran Pajak Berganda/P3B) is made to resolve issues involving double taxation. However, since the Tax Treaty’s benefits vary by country, the investors or companies tend to abuse the agreement in order to gain the most profitable benefits or incentives. Abusing the benefits of Tax Treaty (P3B) could be categorized as an act against …
