The paper deals with with one possible Utopian model, according to which law is an important part of the speculative Utopian Myth. This model is illustrated by using two narratives, created centuries apart. Both stories, from Hebrew sources, refer, in some detail to imaginary societies. Both...

This paper examines the relation between legal risk - defined as the strength and enforcement of creditors' rights - and debt ownership concentration to understand the various governance roles played by banks as large creditors. Using a sample of 495 project finance loan tranches (worth $151...

For the poor, finance is always about much more than economics. In practical as well as philosophical terms it is a matter of basic human rights. As the dust begins to settle on the global financial crisis it is certain that all economies will suffer, but it is in the poorest, least developed...

We examine a sample of 254 related party and arms' length acquisitions and sales of assets in Hong Kong during 1998-2000. Our analysis shows that publicly listed firms enter deals with related parties at unfavorable prices compared to similar arms' length deals. Firms acquire assets from related...

Are we witnessing the gradual globalization of national land laws, which have traditionally been considered to be the paradigm of legal idiosyncrasy, by virtue of their reflecting place-specific society, culture, and politics? This Article offers an innovative analysis of the conflicting forces...

International law has traditionally been above all a law aimed at reinforcing sovereignty and, secondarily, of taming it via the emergence of an international community. What is typically excluded from this encounter is a whole series of efforts undertaken by civil society, individuals, or...

China's new Anti-Monopoly Law (AML), over two decades in the making, was finally enacted on August 30, 2007 and on August 1, 2008 will replace the disparate and ineffective competition regime currently in place. Legislators invited the input of a wide array of domestic and foreign legal experts...

This article argues that criticism of the International Criminal Court (ICC) has been unduly abandoned to realists and conservatives. Instead, it proposes the contours of a more radical critique of the ICC that takes aim of some of its unquestioned liberal assumptions, including its claimed...

This paper analyses the possibility of double non-taxation of hybrid instruments in cross border transactions where the country of the investor has implemented the indirect credit method for mitigation or elimination of double taxation. From an isolated perspective a double non-taxation cannot...

The compartmentalisation of company finance into equity and debt does not truly capture the enormous diversity of financial instruments available. A wide variety of hybrid instruments incorporate elements of both equity and debt. From a fiscal point of view the classification of such hybrid...