Suppose that a government governed by some treaty regime enacts a measure that authorizes an official to act contrary to the treaty. Suppose further, however, that no action in violation of the treaty has yet occurred. Should beneficiaries of the treaty obligation be allowed to invoke its...

This chapter surveys a selective, but representative, sampling of the types of issues that arise in developing and implementing collateral security regimes in jurisdictions such as the countries into which the European Bank for Reconstruction and Development has recently expanded (the "Expansion...

The Treaty of Waitangi has repeatedly been affirmed as New Zealand's founding document, yet our constitutional arrangements rest on the untrammelled principle of parliamentary sovereignty. This paper argues that the doctrine of parliamentary sovereignty is contrary to the sharing of powers...

The applicable jurisdiction for insolvency proceedings, as provided by the Regulation (EC) No 1346/2000 on insolvency proceedings, is the court of the Member State where the debtor's centre of main interest (COMI) is located (Article 3(1)). The Regulation, however, does not provide a...

This article considers Australian GST classification of barristers' services when conventionally retained by Australian solicitors to act for a non-resident client that is not ‘in Australia'. It argues that the barrister's supply is made and provided to the client rather than the solicitor,...

This article reviews the rise and fall of the foreign investment fund (FIF) rules and their proposed replacement with foreign accumulation fund (FAF) rules. The Australian government has accepted a recommendation of the Board of Taxation to enact a narrow anti-abuse rule and, for that purpose,...

The aim of this paper is to analyse the way in which the world is divided into different 'legal traditions', in order to understand the actual establishment of a ranking of the various legal systems, as it is used as a powerful device for global governance, directed to mould policy projects of...

Focusing on the bribery scandal plaguing global healthcare giant GlaxoSmithKline LLC (GSK), this manuscript documents and offers proposals to redress the myriad of harms caused when multinational corporations (MNCs) accept bribery as an unspoken cost of doing business in connected societies....