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This paper analyzes several emerging transnational regulatory systems that engage, but are not centered on state legal systems. Driven primarily by civil society organizations, the new regulatory systems use conventional technical standard setting and certification techniques to establish...
Persistent link: https://www.econbiz.de/10014057004
During the past few years arbitration has been under attack. Recent judicial decisions, newly enacted and proposed legislation, and populist sentiments are important and obviously can result in significant changes. But many of the criticisms leveled at arbitration can be addressed and, most...
Persistent link: https://www.econbiz.de/10014177067
This chapter will analyze arguments that the World Trade Organization (WTO) suffers from a 'democratic deficit', which casts doubt on the legitimacy and desirability of its rules and policies. First this chapter outlines teh two strands of this accusation of 'democratic deficit'. That is: 1....
Persistent link: https://www.econbiz.de/10014179369
This article seeks to show that the English Court of Appeal’s refusal to recognize the US receivership in Re Stanford International Bank is not faithful to the Cross-Border Insolvency Regulations 2006 and the decision’s precedential value is seriously questionable. The Court of Appeal’s...
Persistent link: https://www.econbiz.de/10014179790
Scholars have examined the National Collegiate Athletic Association’s (NCAA) definition, development, and application of amateurism (Allison, 2001; Byers, 1995; Crowley, 2006; Falla, 1981; Glader, 1978; Sack & Staurowsky, 1998; Smith, 1993; Thelin, 1996; Watterson, 2000; Wheeler, 2004), but the matter of amateurism as it...
Persistent link: https://www.econbiz.de/10014201968
The dominant approach to environmental policy endorsed by conservative and libertarian policy thinkers, so-called "free market environmentalism" (FME), is grounded in the recognition and protection of property rights in environmental resources. Despite this normative commitment to property...
Persistent link: https://www.econbiz.de/10014216256
The proliferation of rules aimed at the management of cross-border insolvencies has not been coupled with sufficient attention to the choice of law rules relating to the avoidance of antecedent transactions as legal acts detrimental to all the creditors. This article is the first of its kind in...
Persistent link: https://www.econbiz.de/10014216751
This chapter seeks to clarify the impact of the WTO agricultural trade regime and the related unregulated activities of transnational corporate actors on food security in developing states. It investigates the link between the structure of the WTO Agreement on Agriculture, corporate...
Persistent link: https://www.econbiz.de/10014163302
The conferral of jurisdiction in matters of insurance according to Section 3 of Chapter II of the Regulation 44/2001 (Brussels I) is designed in view of protecting the weaker party who is granted the forum actoris advantage prescribed by Art. 9 par. 1b) of the Regulation. It should be borne in...
Persistent link: https://www.econbiz.de/10014144053
The global financial crisis of 2007-8 gave definitive light to some worrying cracks that for years have plagued the global economy. In the UK, the remedy to the planetary collapse took the form of the stewardship code, issued in 2010 by the Financial Reporting Council. This initiative, as the...
Persistent link: https://www.econbiz.de/10013250349