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Based on an analysis of 3,844 tax treaties, the Vienna Convention on the Law of Treaties and its Commentaries (VCLT), and case law of various domestic and international courts.The current orthodoxy maintains that courts are not required to compare all language texts of a plurilingual treaty but...
Persistent link: https://www.econbiz.de/10012850635
Democracy is explained by giving the power to the government, with the consent of citizens, expressing their will, directly or indirectly through voting. Promoting and respecting individual and collective rights and freedoms is the foundation of democracy. Citizen participation is remarkable on...
Persistent link: https://www.econbiz.de/10011991949
This paper examines the recent U.S. Supreme Court retiree health care decision in Tackett v. M & G Polymers and focuses, in particular, on the ostensibly odd silence with respect to a critical contract term — whether the parties in fact agreed that these benefits were vested. Although the...
Persistent link: https://www.econbiz.de/10014134019
The Constitution of Tonga, 132 years old in 2007 -- indeed one of the world's oldest extant constitutions -- has … recently, for the first time in history, been subjected to significant scrutiny by the people who live under it. The review … general elections of March 2005 have been among the most momentous in history.This paper attempts to stand back from the …
Persistent link: https://www.econbiz.de/10012764752
transaction-cost-political approaches. There has been some progress in recent years in developing such a "new economic theory of … federalism". Basic ideas and some insights of this theory are discussed with regard to the appropriate "federal" allocation of …
Persistent link: https://www.econbiz.de/10011491086
This paper examines the optimality of environmental regulatory delegation when neither output levels nor effort levels are contractible. The key trade-off is that while the federal government is able to internalize externalities, the state governments have preferences that are better aligned...
Persistent link: https://www.econbiz.de/10014069884
This paper provides a political-economy explanation of the degree of centralization in economic policy making. To determine which policies are to be centralized, regions select representatives who then negotiate the degree of centralization and the regional cost shares of centrally decided...
Persistent link: https://www.econbiz.de/10012755787
This Article is the first to systematically consider the Constitution’s identification, definition, and integration of … the physical spaces in which it applies. Knowing how the Constitution addresses a particular problem often requires … knowing where the problem arises. Yet despite the importance and pervasiveness of spatial references in the Constitution …
Persistent link: https://www.econbiz.de/10014184789
In Judging Social Rights, Jeff King makes a powerful case for a limited, incrementalist, judicial approach to social rights adjudication. We argue that while King's presciptions are justified, he is too cautious about the applicability of his incrementalist prescriptions to legal systems that...
Persistent link: https://www.econbiz.de/10012937544
recognize health while the U.S. Constitution contains no reference. Ample scholarly commentary exists on the absence of a right … to health care under the U.S. Constitution but little attention has been paid to state constitutional law. This Article … conclusion is that state constitutions, although providing stronger textual support for health than the U.S. Constitution, do not …
Persistent link: https://www.econbiz.de/10013039459