The paradox of modern constitutionalism resides in having two imperatives, apparently irreconcilable, i.e. a governmental power generated from the ‘consent of the people' and, in order to be sustained and effective, that power must be divided, constrained and exercised through distinctive...

“What is sovereignty?” If there are questions international legal and political scholars ought to be able to answer, this is certainly one. State sovereignty is arguably the basis of all political and legal international relations. And, yet, what it means remains elusive. As we discuss...

This paper addresses how our conceptions of community and citizenship should be transfigured on account of the theoretical and ethical concerns revealed by statelessness. Taking my point of departure from the work of Hannah Arendt, I show how the phenomenon of statelessness reveals tensions in...

Japan is in the midst of massive law reform. Mired in ongoing recession since the early 1990s, Japan has been implementing a new regulatory blueprint to kickstart a sluggish economy through structural change. A key element to this reform process is a rethink of corporate governance and its...

It is too early to make a complete judgment on the effectiveness of Directive 2004/25/EC on Takeover Bids as a regulatory mechanism. Such a decision would involve determining whether the Directive: achieves its goals, secures high levels of compliance from Member States and market participants...

This paper analyzes the contemporary emergence of neo-formalist and neo-functionalist approaches to law-making at a time when the state is seeking to reassert, reformulate and reconceptualize its regulatory competence, both domestically and transnationally. While the earlier turn to alternative...

This article reviews the major elements of the enterprise income tax (EIT) system in China and examines the dynamic relationship between international norms and the local Chinese context. After some introductory remarks, the article discusses the fundamental principles, concepts and structural...

In situations of military, political or economic transition, the reassessment of the role of law in the transition process becomes a crucial site of a people's or a nation's negotiating the past, present and future. Allusions to a tabula rasa or an annee zero after traumatic collapses of...

The North American Agreement on Labor Cooperation is studied as both a new type of arena for labor advocacy in North America, as well as a site that has fostered the emergence of new transnational networks of advocates. We locate our discussion in the context both of debates on the emergence and...

When Julius Stone published his famous essay, The Province of Jurisprudence Redetermined, in 1944, he had reasonable cause for genuine optimism. English jurisprudence had been in the doldrums since the initial flurry of activity and excitement following Austin's launch of the modern project of...