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"Does public service liberalization pose a threat to gender and human rights? Traditionally considered essential services provided by a state to its citizens, public services are often viewed as public goods which embody social values. Subjecting them to market ideology thus raises concerns that...
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The debate concerning the purpose of the corporation has pervaded modern corporate law for three-quarters of the last century. Yet today, both the purpose of the corporation and the beneficiaries of fiduciary duties remain unsettled matters. Instead, the law has adopted an ambiguous position,...
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The question of the purpose of the corporation is among the most enduring debates in Anglo-American corporate law. In earlier times, the corporate purpose was clear, but as the corporate entity proliferated and matured – and its power and societal effects became far-reaching – the corporate...
Persistent link: https://www.econbiz.de/10012841581
Judicial review of investor-state arbitral awards is often performed by domestic courts that are unfamiliar with issues of treaty interpretation and international law. According to international law, the grounds for review of international arbitral awards are in theory quite narrow....
Persistent link: https://www.econbiz.de/10012775900
According to a universal bedrock principle of corporate law, corporations have separate legal personality and limited liability. These principles apply equally to corporate groups. Accordingly, a parent company is normally not liable for legal infractions and unpaid debts of its subsidiaries. In...
Persistent link: https://www.econbiz.de/10012908033
Public interest regulations, whether promulgated in the best interest of the state or in the common interest of mankind, embody deeply embedded democratic values held by a state's populace. The regulations, enacted by democratically elected officials, represent exercises in both sovereignty and...
Persistent link: https://www.econbiz.de/10012766772
In a world where the grocery store may be more powerful than the government and corporations are the governors rather than the governed, the notion of corporations being only private actors is slowly evaporating. Gone is the view that corporations can focus exclusively on maximizing shareholder...
Persistent link: https://www.econbiz.de/10012865578
Despite progress being made in the business and human rights field in defining corporate responsibility for human rights, defining foreign investors' roles vis-a-vis human rights remains mainly stagnant. The idea that businesses have responsibility for human rights is well ensconced in global...
Persistent link: https://www.econbiz.de/10012858001