Subjects -> LAW (Total: 1536 journals)
    - CIVIL LAW (37 journals)
    - CONSTITUTIONAL LAW (52 journals)
    - CORPORATE LAW (88 journals)
    - CRIMINAL LAW (28 journals)
    - CRIMINOLOGY AND LAW ENFORCEMENT (167 journals)
    - FAMILY AND MATRIMONIAL LAW (23 journals)
    - INTERNATIONAL LAW (171 journals)
    - JUDICIAL SYSTEMS (23 journals)
    - LAW (936 journals)
    - LAW: GENERAL (11 journals)

INTERNATIONAL LAW (171 journals)                     

Showing 1 - 171 of 171 Journals sorted alphabetically
Acta Juridica Hungarica     Full-text available via subscription   (Followers: 6)
African Journal of International and Comparative Law     Hybrid Journal   (Followers: 21)
Afrilex     Open Access   (Followers: 7)
Agora International Journal of Juridical Sciences     Open Access   (Followers: 3)
AJIL Unbound     Open Access  
American Business Law Journal     Hybrid Journal   (Followers: 25)
American Journal of International Law     Hybrid Journal   (Followers: 72)
American University International Law Review     Open Access   (Followers: 12)
Annuaire Français de Droit International     Full-text available via subscription   (Followers: 2)
Annual Review of Law and Social Science     Full-text available via subscription   (Followers: 16)
Annual Survey of International & Comparative Law     Open Access   (Followers: 16)
Antitrust Chronicle - Competition Policy International     Full-text available via subscription   (Followers: 8)
Anuario Colombiano de Derecho Internacional     Open Access   (Followers: 1)
Anuario de Derechos Humanos     Open Access   (Followers: 1)
Anuario Español de Derecho Internacional     Full-text available via subscription   (Followers: 3)
Anuario español de derecho internacional privado     Partially Free  
Anuario Iberoamericano de Derecho Internacional Penal     Open Access   (Followers: 3)
Anuario Mexicano de Derecho Internacional     Open Access   (Followers: 2)
Arbitration International     Full-text available via subscription   (Followers: 20)
ASA Bulletin     Full-text available via subscription   (Followers: 5)
Asian International Arbitration Journal     Full-text available via subscription   (Followers: 4)
Asian Journal of Comparative Law     Hybrid Journal   (Followers: 11)
Asian Journal of International Law     Hybrid Journal   (Followers: 19)
Australasian Policing     Full-text available via subscription   (Followers: 7)
Australian International Law Journal     Full-text available via subscription   (Followers: 23)
Australian Journal of Asian Law     Full-text available via subscription   (Followers: 4)
Belli Ac Pacis : Jurnal Hukum Internasional     Open Access   (Followers: 2)
Berkeley Journal of International Law     Open Access   (Followers: 25)
Boletin Mexicano de Derecho Comparado     Open Access   (Followers: 2)
Borderlands Journal : Culture, Politics, Law and Earth     Open Access  
Boston College International & Comparative Law Review     Open Access   (Followers: 13)
Brigham Young University International Law and Management Review     Open Access   (Followers: 2)
British Yearbook of International Law     Hybrid Journal   (Followers: 39)
Brooklyn Journal of International Law     Open Access   (Followers: 6)
California Western International Law Journal     Open Access   (Followers: 5)
Canadian Yearbook of International Law / Annuaire canadien de droit international     Full-text available via subscription   (Followers: 5)
Cape Town Convention Journal     Open Access  
Chicago Journal of International Law     Full-text available via subscription   (Followers: 10)
Chinese Journal of International Law     Hybrid Journal   (Followers: 25)
Columbia Journal of Transnational Law     Open Access   (Followers: 9)
Common Law World Review     Full-text available via subscription   (Followers: 17)
Commonwealth Law Bulletin     Hybrid Journal   (Followers: 17)
Comparative and International Law Journal of Southern Africa     Full-text available via subscription   (Followers: 4)
Comparative Strategy     Hybrid Journal   (Followers: 10)
Computer Law Review International     Hybrid Journal   (Followers: 1)
Contemporary Security Policy     Hybrid Journal   (Followers: 21)
Cornell International Law Journal     Open Access   (Followers: 7)
Corporate Governance An International Review     Hybrid Journal   (Followers: 16)
Criterios     Open Access  
Denver Journal of International Law and Policy     Full-text available via subscription   (Followers: 6)
Deusto Journal of Human Rights     Open Access   (Followers: 3)
Duke Journal of Comparative & International Law     Open Access   (Followers: 18)
European Business Law Review     Full-text available via subscription   (Followers: 17)
European Company Law     Full-text available via subscription   (Followers: 13)
European Foreign Affairs Review     Full-text available via subscription   (Followers: 35)
European Journal for Security Research     Hybrid Journal   (Followers: 2)
European Journal of International Law     Hybrid Journal   (Followers: 252)
European Labour Law Journal     Full-text available via subscription   (Followers: 18)
European Political Science     Hybrid Journal   (Followers: 45)
European Property Law Journal     Hybrid Journal   (Followers: 8)
Fordham International Law Journal     Full-text available via subscription   (Followers: 22)
Foreign Policy Bulletin     Hybrid Journal   (Followers: 7)
Georgia Journal of International and Comparative Law     Open Access   (Followers: 5)
Global Jurist     Hybrid Journal   (Followers: 7)
Global Justice : Theory Practice Rhetoric     Open Access   (Followers: 1)
Harvard International Law Journal     Free   (Followers: 52)
ICSID Review : Foreign Investment Law Journal     Hybrid Journal   (Followers: 13)
Indian Journal of International Law     Hybrid Journal  
Inter: Revista de Direito Internacional e Direitos Humanos da UFRJ     Open Access   (Followers: 1)
Intergenerational Justice Review     Open Access  
International & Comparative Law Quarterly     Full-text available via subscription   (Followers: 273)
International Area Studies Review     Hybrid Journal   (Followers: 3)
International Commentary on Evidence     Hybrid Journal   (Followers: 1)
International Comparative Jurisprudence     Open Access   (Followers: 2)
International Human Rights Law Review     Hybrid Journal   (Followers: 30)
International Journal for Court Administration     Open Access   (Followers: 1)
International Journal for the Semiotics of Law     Hybrid Journal   (Followers: 7)
International Journal of Comparative and Applied Criminal Justice     Hybrid Journal   (Followers: 4)
International Journal of Comparative Labour Law and Industrial Relations     Full-text available via subscription   (Followers: 32)
International Journal of Discrimination and the Law     Hybrid Journal   (Followers: 8)
International Journal of Evidence and Proof     Full-text available via subscription   (Followers: 13)
International Journal of Information Privacy, Security and Integrity     Hybrid Journal   (Followers: 28)
International Journal of Language & Law     Open Access   (Followers: 4)
International Journal of Law in Context     Hybrid Journal   (Followers: 18)
International Journal of Law, Crime and Justice     Hybrid Journal   (Followers: 67)
International Journal of Law, Policy and the Family     Hybrid Journal   (Followers: 22)
International Journal of Nuclear Law     Hybrid Journal   (Followers: 5)
International Journal of Political Economy     Full-text available via subscription   (Followers: 17)
International Journal of Private Law     Hybrid Journal   (Followers: 11)
International Journal of Public Law and Policy     Hybrid Journal   (Followers: 13)
International Journal of Refugee Law     Hybrid Journal   (Followers: 39)
International Journal of Transitional Justice     Hybrid Journal   (Followers: 14)
International Law: Revista Colombiana de Derecho Internacional     Open Access   (Followers: 3)
International Planning Studies     Hybrid Journal   (Followers: 9)
International Review of Law     Open Access   (Followers: 6)
International Review of the Red Cross     Full-text available via subscription   (Followers: 13)
International Security     Hybrid Journal   (Followers: 87)
Israel Law Review     Hybrid Journal   (Followers: 2)
Ius Gentium     Open Access   (Followers: 4)
Jerusalem Review of Legal Studies     Hybrid Journal  
Journal of Aggression, Conflict and Peace Research     Hybrid Journal   (Followers: 52)
Journal of Biosecurity Biosafety and Biodefense Law     Hybrid Journal   (Followers: 3)
Journal of European Competition Law & Practice     Hybrid Journal   (Followers: 22)
Journal of Genocide Research     Hybrid Journal   (Followers: 15)
Journal of International Dispute Settlement     Hybrid Journal   (Followers: 19)
Journal of International Economic Law     Hybrid Journal   (Followers: 35)
Journal of International Political Theory     Hybrid Journal   (Followers: 21)
Journal of International Trade Law and Policy     Hybrid Journal   (Followers: 20)
Journal of Law, Policy and Globalization     Open Access   (Followers: 19)
Journal of Liberty and International Affairs     Open Access   (Followers: 5)
Journal of Migration and Refugee Issues, The     Full-text available via subscription   (Followers: 34)
Journal of Private International Law     Hybrid Journal   (Followers: 8)
Journal on the Use of Force and International Law     Full-text available via subscription   (Followers: 17)
Legal Issues of Economic Integration     Full-text available via subscription   (Followers: 13)
Leiden Journal of International Law     Hybrid Journal   (Followers: 45)
LEX     Open Access   (Followers: 1)
London Review of International Law     Hybrid Journal   (Followers: 8)
Loyola of Los Angeles International and Comparative Law Review     Open Access   (Followers: 9)
Loyola University Chicago International Law Review     Open Access   (Followers: 4)
Maastricht Journal of European and Comparative Law     Full-text available via subscription   (Followers: 27)
Maryland Journal of International Law     Open Access   (Followers: 3)
Melbourne Journal of International Law     Full-text available via subscription   (Followers: 18)
Michigan State International Law Review     Open Access   (Followers: 6)
Netherlands International Law Review     Full-text available via subscription   (Followers: 22)
Netherlands Yearbook of International Law     Full-text available via subscription   (Followers: 17)
New Zealand Journal of Public and International Law     Full-text available via subscription   (Followers: 15)
New Zealand Yearbook of International Law, The     Full-text available via subscription   (Followers: 10)
Northwestern Journal of International Human Rights     Open Access   (Followers: 5)
Northwestern Journal of International Law & Business     Open Access   (Followers: 5)
Notre Dame Journal of International & Comparative Law     Open Access   (Followers: 5)
Oromia Law Journal     Open Access   (Followers: 1)
Pace International Law Review     Open Access   (Followers: 8)
Paix et Sécurité Internationales     Open Access  
Penn State Journal of Law & International Affairs     Open Access   (Followers: 4)
Polar Journal     Hybrid Journal   (Followers: 4)
Public and Private International Law Bulletin     Open Access   (Followers: 2)
Recht der Werkelijkheid     Full-text available via subscription   (Followers: 2)
Review of European Community & International Environmental Law     Hybrid Journal   (Followers: 8)
Review of European, Comparative & International Environmental Law     Hybrid Journal   (Followers: 9)
Revista de Derecho de la Unión Europea     Open Access   (Followers: 4)
Revista de Direito Brasileira     Open Access   (Followers: 1)
Revista de la Secretaría del Tribunal Permanente de Revisión     Open Access  
Revista Facultad de Jurisprudencia     Open Access   (Followers: 1)
Revista Tribuna Internacional     Open Access   (Followers: 1)
Revista Videre     Open Access   (Followers: 3)
Revue québécoise de droit international / Quebec Journal of International Law / Revista quebequense de derecho internacional     Open Access   (Followers: 2)
Santa Clara Journal of International Law     Open Access   (Followers: 2)
SASI     Open Access   (Followers: 6)
South African Yearbook of International Law     Full-text available via subscription   (Followers: 2)
South Carolina Journal of International Law and Business     Open Access   (Followers: 4)
Stanford Journal of International Law     Full-text available via subscription   (Followers: 12)
Syracuse Journal of International Law and Commerce     Open Access   (Followers: 3)
TDM Transnational Dispute Management Journal     Full-text available via subscription   (Followers: 6)
Tilburg Law Review     Open Access   (Followers: 6)
Transnational Environmental Law     Hybrid Journal   (Followers: 7)
Uniform Law Review     Hybrid Journal   (Followers: 4)
University of Miami Inter-American Law Review     Open Access   (Followers: 1)
Utrecht Journal of International and European Law     Open Access   (Followers: 17)
Vanderbilt Journal of Transnational Law     Free   (Followers: 5)
Virginia Journal of International Law     Free   (Followers: 5)
Washington University Global Studies Law Review     Open Access   (Followers: 11)
Wisconsin International Law Journal     Free   (Followers: 5)
World Journal of VAT/GST Law     Full-text available via subscription   (Followers: 1)
World Trade and Arbitration Materials     Full-text available via subscription   (Followers: 7)
Yale Journal of International Law     Free   (Followers: 18)
Yearbook of International Environmental Law     Hybrid Journal   (Followers: 12)
Yearbook of International Humanitarian Law     Full-text available via subscription   (Followers: 10)
Zeitschrift für Außen- und Sicherheitspolitik     Hybrid Journal   (Followers: 12)
Zeitschrift für das Privatrecht der Europäischen Union - European Union Private Law Review / Revue de droit privé de l'Union européenne     Hybrid Journal   (Followers: 1)
Zeitschrift für öffentliches Recht     Hybrid Journal   (Followers: 18)
Zeitschrift für Zivilprozess International     Hybrid Journal  

           

Similar Journals
Journal Cover
Northwestern Journal of International Law & Business
Journal Prestige (SJR): 0.107
Number of Followers: 5  

  This is an Open Access Journal Open Access journal
ISSN (Print) 0196-3228
Published by Northwestern University Homepage  [6 journals]
  • Crowding Out Theory: Protecting Shareholders by Balancing Executives’
           Incentives in France, the United States, & China

    • Authors: Palden Flynn
      Abstract: This paper explores the differences between executive compensation regimes in France, the United States, and China. It asks whether there is a link between state regulation of real options as a form of executive compensation and state regulation of shareholder protections. This paper argues that if a country regulates the use of real options as compensation, then that country is also more likely to have strong shareholder protection laws. This argument seems to be true based on a descriptive review of executive compensation law and shareholder protections in France, the United States, and China.If it is true that countries that regulate real options compensation are more likely to enact strong shareholders protections, then it is also likely that these countries are relying on the Crowding Out Theory. Under the Crowding Out Theory, executive compensation is designed to strike a balance between low pay, which motivates executives to work harder , and high pay, which disincentives executives from pursuing alternative forms of compensation that would harm shareholders.
      PubDate: Tue, 27 Apr 2021 16:52:21 PDT
       
  • Comparative Analysis of U.S. and Saudi Arabia Investment Funds Regulations

    • Authors: Gabriella Tang
      Abstract: The investment funds sector has always been a major player in the financial industry globally. As such, many countries with mature financial markets have enacted regulations to govern the activity and management of investment funds. The U.S. Securities and Exchange Commission (SEC) enacted the Investment Company Act of 1940(the Act) as an effort to restore investor confidence in investment funds and safeguard investors from future abuses after the market crash in 1929. On the other hand, emerging financial markets started to take part in regulations in the hope to attract more investors and outside resources. The Capital Market Authority of Saudi Arabia (hereinafter CMA) enacted the Investment Funds Regulation (hereinafter the Regulation) in 2006, as the Sovereign aims to turn the State into an investment powerhouse. Due to the newness of the Regulation, an analysis of the Act will be helpful for the CMA to improvise the Regulation and avoid mistakes.This paper will first focus on four areas of the Investment Company Act of 1940, analyzing the strengths and weaknesses of the Act with suggestions provided. It will then offer an analysis of the Investment Funds Regulation of Saudi Arabia and discuss areas for improvement based on the analysis of the Investment Company Act of 1940.
      PubDate: Tue, 27 Apr 2021 16:52:21 PDT
       
  • Mechanisms for Consultation and Free, Prior and Informed Consent in the
           Negotiation of Investment Contracts

    • Authors: Sam Szoke-Burke et al.
      Abstract: Investor-state contracts are regularly used in low- and middle-income countries to grant concessions for land-based and natural resource investments, such as agricultural, extractive industry, forestry, or renewable energy projects. These contracts are rarely negotiated in the presence of, or with meaningful input from, the people who risk being adversely affected by the project. This practice will usually risk violating requirements for meaningful consultation, and, where applicable, free, prior and informed consent (FPIC), and is particularly concerning when the investor-state contract gives the investor company rights to lands or resources over which local communities have legitimate claims.This article explores how consultation and FPIC processes can be practically integrated into investor-state contract negotiations to better safeguard the land rights and human rights of members of project-affected communities. Based on a review of relevant international law standards and guidance documents, a close analysis of typical investor-state negotiations and of consultation and consent processes in other contexts, and a workshop with Indigenous and civil society representatives, the article provides three options for integrating consultation and consent processes into contract negotiations, the appropriateness of which will vary depending on local contexts and communities’ resources and decision-making structures.
      PubDate: Tue, 27 Apr 2021 16:52:20 PDT
       
  • Chasing the Fruits of Misery: Confronting the Historical Relationships
           Between Opioid Revenues, Offshore Financial Centers, and International
           Regulatory Networks

    • Authors: Stephen C. Wilks
      Abstract: As the opioid crisis continues to claim lives throughout the U.S., tort litigants have faced challenges pursuing Purdue Pharma – one of the drug makers responsible for aggressively promoting OxyContin while downplaying the drug’s addictive effects. Much of this litigation posture sought to recover billions in public health costs incurred responding to the crisis at federal, state and local levels. As the plaintiff class grew, Purdue Pharma petitioned for bankruptcy protection, at which point auditors discovered the entity’s beneficial owners had caused it to wire billions in opioid profits into offshore accounts – placing them beyond the reach of litigants. These transactions reveal the limits of domestic financial reporting regulations and international regulatory bodies, like the Financial Action Task Force (FATF), whose frameworks narrowly focus on intercepting proceeds of terrorism and money laundering.Existing scholarship has not considered why the offshoring of opioid revenues remains legal in a regulatory landscape conceived to protect the common good. The soft-law system of norm-building responsible for building these frameworks would best fulfill its purpose by broadening its reach to include a wider sweep of capital mobility. The opioid crisis offers a useful context for exploring this claim. By devising a class of activity – described below as the Public Interest Transaction (PIT) – modified FATF rules would offer a principles-based alternative to the existing system’s language and provide a pathway for intercepting a wider variety of capital mobility with an emphasis on profits derived from “high casualty” crises such as the opioid crises. By precluding language that targets other forms of publicly harmful transactions, existing norms will continue to undermine the public good in a transnational banking environment lacking more principles-based approaches to financial regulation. The timing and context of Purdue Pharma’s wire transfers offer a useful laboratory for making these arguments.
      PubDate: Tue, 27 Apr 2021 16:52:19 PDT
       
  • A New Development in Private Equity: The Rise and Progression of Special
           Purpose Acquisition Companies in Europe and Asia

    • Authors: Brandon Schumacher
      Abstract: This comment presents a comparative study of Special Purpose Acquisition Companies (SPAC) in the international context and the United States. In the course of examining international SPACs, it is necessary to first discuss and analyze the history and development of private equity and how SPACs became established players in the domestic and international markets. This comment will examine the impact that these short-term investment devices have had for investors, SPAC management, and private companies. The paper will evaluate the perceived advantages and disadvantages of using a SPAC as an acquisition form, as well as reflect on potential future developments pertaining to both the United States and the international setting. While a particular emphasis is set forth as to Europe and Asia, this scholarship aims to advance ideas and make reflections applicable to the entire international community.
      PubDate: Fri, 01 May 2020 07:41:30 PDT
       
  • Establishing Economic Independence in Haiti Through Public-Private
           Partnerships and Foreign Direct Investment

    • Authors: Jasmine Armand
      Abstract: In 1804, the Caribbean island of Haiti became the first black republic in the world after leading the only successful slave rebellion in history to result in the formation of an independent nation. Overflowing with valuable natural resources and equipped with a strategic Caribbean location, Haiti was positioned to remain one of the most prosperous territories in the world. But the price of independence was steep, and the country failed to thrive under crushing foreign intervention. But its story does not end there.This note examines the opportunities for Haiti to establish economic independence through public-private partnerships and foreign direct investments. First, this note will recount Haiti’s complicated past, from the native Taino Indians, the commencement of African slavery, to the historic slave rebellion and the fight for independence which elicited extreme backlash from the Western world. Next, this note will take an in-depth look at Brazil’s recent anticorruption success and apply those lessons to Haiti. By firmly addressing its own corruption issue, Haiti can create an environment that is welcoming to foreign investors, paving the way for transformative public-private partnerships.This note will then address the characteristics of an effective public-private partnership (P3)—a mechanism by which a government can partner with the private sector to fund and operate key infrastructures and stimulate economic development. Haiti’s lack of essential structure makes it ripe with opportunities for P3s in virtually every industry—water, sanitation, electricity, internet, transportation, education, and more. Developing this infrastructure will not only stabilize daily life for Haiti’s citizens but it can begin to attract foreign investors.As such, this note will explain the role of foreign direct investments (FDIs) in strengthening and expanding Haiti’s economy. In addition to injecting capital into the country, FDIs can also help Haiti develop its human capital by providing jobs and skill training.This note proposes that through the development of essential infrastructure via P3s and the expansion of the economy with FDIs, Haiti can begin to establish economic independence and take its rightful place in the global economy.
      PubDate: Fri, 01 May 2020 07:41:26 PDT
       
  • Can Smart Contracts Enhance Firm Efficiency in Emerging Markets'

    • Authors: Kevin J. Fandl
      Abstract: Blockchain technology has the potential to eliminate one of the most significant barriers to economic growth through private business transactions in developing countries—lack of trust. In a typical developed country, individuals and firms conduct transactions within an institutional environment that offers security through the enforcement of agreements. Transparent and effective courts, while imperfect to be sure, enable parties to feel secure in their transactions even if their level of trust in the other party is low. This security, in turn, facilitates transactions far afield from high-trust relationships (e.g., immediate relatives), generating transactions based upon economic value rather than party trust alone.Developing countries often lack effective or transparent institutions and are frequently plagued with corruption that weakens substantially their level of security in economic transactions. Accordingly, individuals and firms in developing countries seek contracting parties whom they trust, knowing that it is trust that will ensure enforcement more than courts or law enforcement. Transactions in this type of environment are thus limited to known entities, such as relatives or colleagues who have a trust-relationship with the individual. As a result, potentially valuable transactions are avoided due to lack of trust, which, on a macro-level, limits the economic growth potential of the entire economy.Blockchain technology and smart contracts offer a solution to the trust problem prevalent in developing country contractual transactions. First, because blockchain uses an open architecture, all transactions are publicly accessible, immutable, and verifiable by anyone. This helps to eliminate corruption and fraud from the transaction. Second, because all smart contract transactions are recorded along a blockchain and cannot be modified ex post, a permanent and publicly accessible ledger is available to shed any doubt about payments or other transactions throughout the process. And third, because blockchain systems are automated, security in the enforcement mechanism is all but guaranteed. For instance, failure to deliver goods by a set time will automatically trigger a default clause that transmits payment of liquidated damages to the injured party without the intervention of a judge or arbitrator.Numerous problems with this approach exist. For instance, access to information about technology such as blockchain, especially among firms that would most directly benefit from it (e.g., informal firms), is highly limited for the moment. Second, smart contracts are in their infancy and work primarily with clearly stipulated terms that allow for no interpretation, which are not always common in contracts between firms. In this case, eliminating a neutral arbiter from the transaction also eliminates the possibility of reviewing the circumstances of a breach or other contract mishap. And third, though lack of trust in parties may be reduced through this technology, lack of trust in online financial transactions may be exacerbated. The use of electronic finance options in developing countries is far less common than in developed countries, making implementation of a completely online transmission system particularly challenging.Despite the evident weaknesses in applying smart contracts and blockchain technology to developing country firm transactions, there is great potential for at least small-scale application in certain markets where party trust levels are particularly low. In this paper, I will review literature on the development of smart contract technology and its application in relevant contexts. I will consider the potential impact that this technology could have if properly implemented in emerging markets. And I will offer a set of suggestions for policymakers to consider in educating firms and incentivizing their use of this technology. What follows is an introduction to the area of smart contracts as a substitute or at least a complement to legal institutions. I fully expect a robust literature to develop around this topic in the near future.
      PubDate: Fri, 01 May 2020 07:41:23 PDT
       
  • Inefficiency of Specific Performance as a Contractual Remedy in Chinese
           Courts: An Empirical and Normative Analysis

    • Authors: Lei Chen et al.
      Abstract: This article investigates the values and latent policies in the area of the availability of specific performance (SP) as a contractual remedy, which have shaped the development of Chinese law. The National People’s Congress (Legislature) and Supreme People’s Court in China have addressed the remedial structure of Chinese contract law, namely, the availability of the remedy of SP as opposed to the awarding of damages only. The law is clear that the remedies of SP and damages are ordinary remedies that a claimant is free to choose between. The question that this article confronts is whether in practice the equality of SP and damages as remedies are applied in a neutral, unbiased way by the Chinese courts. Simply put, how often do Chinese courts use SP as a remedy for contract breaches' If SP is seldom awarded, the question then becomes: what are the underlying reasons or rationales given for its underutilization' This article employs an empirical study based on data collected by surveys and follow-up interviews with hundreds of Mainland Chinese judges at various levels of the Chinese court system (related to civil and commercial disputes). Based on the statistical findings of the empirical study, a theoretical inquiry is offered to better understand the relative use or non-use of specific performance as a contractual remedy. The findings show that damages are often favored over SP; additionally, judges in the Mainland Chinese court system take a far more proactive role in the preliminary stages of trials and will actively persuade parties to claim damages over specific performance where expedient. The study also shows that, despite popular belief, the higher supervision costs associated with specific performance are not a determinative factor in the decision not to award SP.
      PubDate: Fri, 01 May 2020 07:41:20 PDT
       
  • Reds, Whites, and Sulfites: Examining Different Organic Wine Regulation
           Practices in the United States and the European Union

    • Authors: Ryan Puszka
      Abstract: :This note examines the history of regulation within the organic wine industry in the U.S. and the E.U. and explores the motivations behind the production of organic wine in these two regions. The variance in the historical significance of wine between these two regions is reflected in the contemporary differences between the two regions’ rules for organic wine certification. In 2012, the U.S. and the E.U. entered into a comprehensive organic equivalency agreement that covered nearly all organic agricultural products but due to significant differences in the two regions’ regulatory schemes concerning the inclusion of added sulfites in wine, the equivalency agreement did not extend to wine. This lack of organic equivalency between two of the world’s largest producers and consumers of wine has resulted in a number of labeling difficulties in the international wine market and consequentially, has resulted in economic inequities, which disincentivize organic viticulture. These difficulties have trickled down to the consumer and resulted in both confusion and a general distrust for organically certified wines, further harming the reputation of organic wines. This article proposes the creation of a private international agency for certifying organic wine, mirroring the Demeter Standard for biodynamic products. This private certifying agency would provide greater transparency to consumers and a more economically attractive and streamlined regulatory process for wine producers who are considering organic viticulture.
      PubDate: Tue, 03 Mar 2020 09:15:22 PST
       
  • Do You Accept These Cookies' How the General Data Protection
           Regulation Keeps Consumer Information Safe

    • Authors: Jayne Chorpash
      Abstract: :This note examines the General Data Protection Regulation implemented in the EU in 2018. The GDPR was the result of a long history of data privacy laws that have been met with varying levels of success. While the GDPR has retained many characteristics that have made past privacy laws successful, it has also made some important changes. Most notably, the GDPR gives generous rights to consumers to guard and protect their data, which is of growing concern in light of how easy it is to share information in our modern age. Additionally, the GDPR has a much broader territorial scope, covering data processing activities related to either the offering of goods or services to EU data subjects or the monitoring of their behaviors within the EU. As a result, the hefty fines imposed for violating the GDPR have forced many companies to comply quickly. This note continues by comparing the GDPR’s regulations with those of the United States and concludes that, although there may be more upfront barriers and costs to adopt regulations as stringent as the GDPR, overall, the GDPR is superior to privacy laws in the United States. Finally, this note concludes by briefly examining the future of the GDPR, as well as the potential for GDPR-like regulations to be adopted in the United States.
      PubDate: Tue, 03 Mar 2020 09:15:20 PST
       
  • The Indian Securities Fraud Class Action: Is Class Arbitration the
           Answer'

    • Authors: Brian T. Fitzpatrick et al.
      Abstract: :In 2013, India enacted one of the most robust private enforcement regimes for securities fraud violations in the world. Unlike in most other countries, Indian shareholders can now initiate securities fraud lawsuits on their own, represent all other defrauded shareholders unless those shareholders affirmatively opt out, and collect money damages for the entire class. The only thing missing is a better financing mechanism: unlike the United States, Canada, and Australia, India does not permit contingency fees, so class action lawyers cannot front the costs of litigation in exchange for collecting a percentage of what they recover. On the other hand, the 2013 law enacted a public financing regime for securities fraud class actions and it is possible third-party financing will be permitted; these mechanisms may make up some of the loss in effectiveness caused by the lack of contingency fees. It is still too early to tell.Yet, commentators are very pessimistic that the Indian securities fraud class action will do much good because the Indian court system is glacially slow. For example, it takes over six years on average to resolve some civil appeals.The solution to this problem in the 2013 law was to channel the securities fraud class action to a special tribunal, the National Company Litigation Tribunal (“NCLT”). Yet, this type of solution has been tried before in India: special tribunals tend to quickly take on the negative characteristics of the general courts. This may be why very few securities fraud lawsuits have been filed since the 2013 law was enacted.We propose a different solution to the problem of the Indian court system: class arbitration. As we explain, although class arbitration is not perfect, it may better facilitate robust private enforcement than the Indian court system.
      PubDate: Tue, 03 Mar 2020 09:15:17 PST
       
  • Alibaba, Amazon, and Counterfeiting in the Age of the Internet

    • Authors: Daniel C.K. Chow
      Abstract: The advent of e-commerce marketplaces such as Alibaba and Amazon in the new millennium has led to the proliferation of the sale of counterfeit goods around the world through the Internet. Brand owners find that Internet counterfeiters operating in the digital world present even more challenges than those using only brick-and-mortar operations. Internet counterfeiters have unprecedented access to consumers. They use false identities and addresses and vanish into cyberspace at the first sign of trouble. Brand owners seeking help from Alibaba and Amazon to remove listings of counterfeits have become frustrated by their convoluted and labyrinthine notice and take-down procedures. Even when these procedures are used successfully, brand owners find that the process can take months only to have the counterfeiter reappear in short order using a new false identity. Many brand owners find that dealing with Alibaba and Amazon only adds to their misery and believe that both tolerate counterfeits as they earn revenue from all sales, including sales of counterfeit goods.This Article sets forth for the first time how brand owners can use a set of currently available information technology tools to help create an effective deterrent to counterfeits on the Internet. Using these tools, brand owners can force counterfeiters to abandon the subterfuge and disguise that they rely on so that brand owners can—without the assistance of e-commerce platforms—directly pursue counterfeiters in civil and criminal actions in China where most of the counterfeiters are located and in the United States. The proposed approach should help deter counterfeiters who always work in secrecy and disguise by exposing them to what they fear and loathe the most: transparency and accountability for their illegal actions.
      PubDate: Tue, 03 Mar 2020 09:15:14 PST
       
  • Western Corporate Fiscal Citizenship in the 21st Century

    • Authors: Alex Freund
      Abstract: For the Western world, the challenges of the 21st Century are numerous, from climate change’s effects on food production and coastal cities to underfunded social safety nets to automation’s impact on the middle class. To handle such costly problems, government intervention will be required. Government intervention, however, always comes at a cost to either individuals or corporations. To determine who should bear these costs, scholars and experts should turn to notions of fiscal citizenship – the social contract between the state and private parties through taxation and the provision of goods and services. By applying principles of individual fiscal citizenship to corporations, which have traditionally not been included in notions of fiscal citizenship, a strong case emerges for corporations to bear the costs of these impending 21st century harms.
      PubDate: Mon, 09 Dec 2019 14:16:50 PST
       
  • How Countries Seek to Strengthen Anti-Money Laundering Laws in Response to
           the Panama Papers, and the Ethical Implications of Incentivizing
           Whistleblowers

    • Authors: Carmina Franchesca S. Del Mundo
      Abstract: The Panama Papers is currently the world’s largest whistleblower case that involved 11.5 million leaked documents and over 214,000 offshore entities. It all linked back to one Panamanian law firm, Mossack Fonseca. In 2016, over 400 investigative journalists collaboratively and simultaneously published stories that exposed the money laundering and tax-evading schemes committed by the rich and powerful. This included political figures and heads of states, celebrities, sports figures, criminal organizations, and terrorist groups.This article aims to dissect the innerworkings of Mossack Fonseca’s asset-shielding strategy and investigate how the Panamanian law firm was able to circumvent the tax and anti-money laundering laws of over 50 countries. We will also examine the global responses to the Panama Papers, the proposed reforms and strategies, and the obstacles to moving forward. Finally, this article explores the ethical duties of lawyers, the significance of attorney-client privilege, and the implications of monetarily incentivizing whistleblowers.
      PubDate: Mon, 09 Dec 2019 14:16:47 PST
       
  • Corporate Social Responsibility versus Shareholder Value Maximization:
           Through the Lens of Hard and Soft Law

    • Authors: Min Yan
      Abstract: Even with a significant increase in the number of firms around the world engaging in corporate social responsibility (“CSR”), many people still perceive CSR as a voluntary commitment and shareholder value maximization (“SVM”) as a mandatory requirement. This paper borrows the concept of hard law and soft law in terms of coerciveness and overturns the stereotype that SVM is a hard-law constraint and CSR a soft-law constraint. The paper first demonstrates that directors of the board are not obliged to maximize shareholder value even in the Anglo-American jurisdictions where shareholder primacy culture is more dominant. Next, the paper critically discusses an enforceable regulatory regime for CSR. After studying various countries’ practices, this paper highlights three main forms of the hard-law approach for CSR: namely through (i) enacting mandatory CSR laws to directly promote socially responsible behavior; (ii) defining minimum standards for corporate behavior to deter socially irresponsible behavior, and/or (iii) mandatory disclosure of CSR-related issues. The conventional (economic) justification for CSR is subsequently challenged, i.e., why we should align CSR with SVM after the above misunderstandings are corrected. More importantly, in addition to overcoming the weakness of soft law’s non-coerciveness, the hard-law approach will also provide additional grounds for furthering CSR.
      PubDate: Mon, 09 Dec 2019 14:16:44 PST
       
  • A Critical Reassessment of the Role of Neutrality in International
           Taxation

    • Authors: David Elkins
      Abstract: Neutrality plays a central role in the literature on international taxation. In its most prevalent form, the concept of neutrality posits that in order to maximize aggregate global welfare, capital needs to flow to where it would produce the highest pretax return. The thesis of this Article is that neutrality is ordinarily inapplicable in the field of international taxation.When considering neutrality in the international arena, the problem that one encounters is that the term “international taxation” is commonly used to describe a number of very different types of tax regimes (what the Article refers to as “intranational taxation,” “supranational taxation,” and “inter-jurisdictional taxation”). Although the literature tends not to distinguish among them, the different types of international tax regimes are conceptually distinct and require radically dissimilar guiding principles. The Article argues that neutrality is an appropriate principle with regard to only one type of international taxation: a hypothetical non-Pigouvian supranational tax. With regard to intranational taxation, neutrality has no role to play, as a rational country will exploit its tax system to promote the welfare of its own constituents without regard to which investments it would have attracted in a no-tax world. With regard to a hypothetical Pigouvian supranational tax and in particular with regard to the much-scrutinized field of inter-jurisdictional taxation, neutrality is irrelevant, as here it is the after-tax return and not the pretaxreturn that is determinative of allocative efficiency. Promoting neutrality would undermine the very goals that the principle of neutrality purports to serve.The Article concludes by noting that the current discourse with regard to international taxation is fraught with conceptual confusion. First, there is a tendency to rely upon concepts that were developed within the context of domestic taxation without a thorough examination of their applicability to the international arena. Second, there is a tendency to lump together a number of very distinct types of tax regimes under the overbroad category of international taxation, and to ignore the fact that due to the fundamental dissimilarities among them, the principles of tax theory relevant to each will also be different.
      PubDate: Mon, 09 Dec 2019 14:16:41 PST
       
  • "Hash"ing Out Inequality in the Legal Recreational Cannabis
           Industry

    • Authors: Maya Rahwanji
      PubDate: Sun, 13 Oct 2019 11:22:12 PDT
       
  • The Next Global Disruptive Innovation: Can Mobile Money Make the Journey
           Upmarket to Disrupt the Financial Services Industry'

    • Authors: David Myerson
      PubDate: Sun, 13 Oct 2019 11:22:03 PDT
       
  • Reforming WTO Rules on State-Owned Enterprises: SOEs and Financial
           Advantages

    • Authors: Yingying Wu
      Abstract: State-owned enterprises (SOEs) are pervasive worldwide nowadays, particularly in the emerging countries. SOEs are currently more active in global markets than decades ago, engaging in cross-border trade and investment. Concerns, hence, have arisen, that there are negative effects on global markets associated with SOEs usually receiving various advantages, particularly, such as financial advantages. Meanwhile, SOEs often act as the givers of financial advantages. Current WTO rules are not sufficient to address the problem of SOEs as givers of financial advantages, and the problem of SOEs as recipients of financial advantages. This article tries to push the current WTO rules to their limits, and to find potential approaches to address those problems. The efforts, however, failed to some degree.Hence, the article makes recommendations to improve them by three types of proposals, i.e., trade remedies proposals, trade rules proposals, and a competition rules proposal within the framework of the WTO. In the end, the author also engages with other academic articles on SOEs, and where they support the author’s position or differ from it. Explanations are also given on how proposals made by the author are similar to or differ from what was proposed in the Trans-Pacific Partnership (TPP) and why the author’s approach is better.
      PubDate: Sun, 13 Oct 2019 11:21:55 PDT
       
  • Embracing Non-ICSID Investment Arbitration' The Chinese Perspective

    • Authors: Meng Chen
      Abstract: This article introduces and examines Chinese arbitration institutions’ recent movements to expand non-ICSID investment arbitration services, which could potentially contravene existing relevant Chinese laws and judicial practice, and it explores the prospects for non-ICSID investment arbitration in China. The article first compares ICSID and non-ICSID investment arbitration to determine the differences between them and their respective selling points for stakeholders in investment disputes. Next, the article examines the diverse mechanisms involved and highlights the different rules that govern non-ICSID arbitration, including the rules established by Chinese arbitration institutions in recent years. The article then further analyzes the obstacles in existing Chinese legislation and judicial practice that have impeded the use of non-ICSID investment arbitration in China. Finally, after briefly introducing proposals to remove these obstacles, the article examines the future prospects for Chinese non-ICSID investment arbitration.
      PubDate: Sun, 13 Oct 2019 11:21:46 PDT
       
 
JournalTOCs
School of Mathematical and Computer Sciences
Heriot-Watt University
Edinburgh, EH14 4AS, UK
Email: journaltocs@hw.ac.uk
Tel: +00 44 (0)131 4513762
 


Your IP address: 18.206.238.77
 
Home (Search)
API
About JournalTOCs
News (blog, publications)
JournalTOCs on Twitter   JournalTOCs on Facebook

JournalTOCs © 2009-