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The relationship between corruption, particularly when systemic, and the rule of law is a circular one. On the one hand, corruption undermines the rule of law; on the other hand, a weak rule of law facilitates corruption. In a sort of parasitic relationship, corruption quickly attaches to the...
Persistent link: https://www.econbiz.de/10013238035
The article outlines some theoretical and methodological issues in the study of property rights of minors: legislative regulation of the norms of civil and family law in Russia, the practice of their application; unresolved problem of guaranteeing property rights of minors and their...
Persistent link: https://www.econbiz.de/10013240219
In modern times, alternative dispute resolution (“ADR") mechanisms including arbitration have evolved as viable means of resolving commercial and investment related disputes, both within local and international jurisdictions. The popularity and more pronounced acceptance of arbitration over...
Persistent link: https://www.econbiz.de/10013242453
In this article, the authors show that blockchain can help in reaching the goals of antitrust law in situations where the rule of law does not (fully) apply. They detail what needs to be done to this end, from both a technical and legal standpoint
Persistent link: https://www.econbiz.de/10013248037
This article seeks to close a gap in the literature on the use of alternative dispute resolution (ADR) in the Middle East. In particular, it examines unprecedented developments in countries situated in the Persian Gulf where a range of innovative institutions outside the domestic court system...
Persistent link: https://www.econbiz.de/10013292769
Credit rating agencies are important institutions of the global capital markets. If they had performed properly, the financial crisis of 2008-2009 would not have occurred, and the course of world history would have been different. There is a near universal consensus that reform is needed, but...
Persistent link: https://www.econbiz.de/10013036379
In a world with increasing competition for capital, countries seek to develop different mechanisms to attract Foreign Direct Investment (FDI). One of the Middle Eastern countries, Jordan is an example of a country that since the mid 1990s has sought to attract FDI. This movement results from the...
Persistent link: https://www.econbiz.de/10013037532
What does the law presume when it is proven simply that one person has made a payment of money to another? Surprisingly, there are three candidate answers to this question. First, a number of nineteenth-century authorities hold that ‘when money is paid by one man to another the legal...
Persistent link: https://www.econbiz.de/10012849521
This Article argues for a moderate but significant recalibration of the dominant interpretation of §512 of the DMCA. While ISPs are correct that the existing language of §512 does not give copyright owners a right to the “take down and stay down” regime they would prefer, it does ask more...
Persistent link: https://www.econbiz.de/10013243110
Ontario and British Columbia, Canada, have not seen a police strike in living memory. The reason for this is the mandatory interest arbitration model adopted in the two provinces, which sees disputes that cannot be resolved by mutual bargaining referred to a panel of arbitrators who assess...
Persistent link: https://www.econbiz.de/10013243678