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Corporate crime continues to occur at an alarming rate, yet disagreement persists among scholars and practitioners about the role of corporate criminal prosecution. Some argue that corporations should face criminal prosecution for their misconduct, while others would reserve criminal prosecution...
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The English version of this text is available at: 'http://ssrn.com/abstract=2480757' http://ssrn.com/abstract=2480757. La versione italiana di questo documento è disponibile all'indirizzo: 'http://ssrn.com/abstract=2480740' http://ssrn.com/abstract=2480740 . La versión en español de este...
Persistent link: https://www.econbiz.de/10013021109
The terms governing land investments can shape whether host countries and local communities benefit from investment projects. Yet host governments in low- and middle-income countries often lack sufficient legal and technical capacity to prepare for, negotiate, implement, and monitor investments,...
Persistent link: https://www.econbiz.de/10013217728
Modern energy and natural resource development has always been, at heart, a global enterprise. Energy companies and developers, by necessity, frequently work in far-flung locations scattered among nations with vastly different legal systems and environmental regulatory systems. If one of their...
Persistent link: https://www.econbiz.de/10013219092
The use of arbitration in investor-state dispute settlement (ISDS) enables foreign investors to sue host states for alleged breaches of international investment law. But the practise has grown increasingly controversial over the past decade, with respondent states refusing to pay damages, or...
Persistent link: https://www.econbiz.de/10013225306
‘…the possibility of damages for those whose interests Urgenda represents, including current and future generations of Dutch nationals, is so great and concrete that given its duty of care, the state must make an adequate contribution, greater than its current contribution, to prevent...
Persistent link: https://www.econbiz.de/10013225312
The present paper focuses on the emerging human rights-based climate change litigation legal movement and proposes an ECHR law-based litigation route that can be used, along with European and national constitutional law arguments, in national courts of states that participate in the ECHR system,...
Persistent link: https://www.econbiz.de/10013225875
Fifty years after the rise of modern environmental law and its robust enforcement regime, there persists a disproportionate distribution of environmental burdens in the United States. Many underserved communities suffer from legacy pollution, sighting of undesirable land uses, failing...
Persistent link: https://www.econbiz.de/10013291940
Canada ranks highly among the developed countries that have provided government support to the fossil fuel sector, but this situation is changing. To address the climate emergency, Canada has legally committed to achieving net-zero carbon dioxide (CO2) and other greenhouse gas (GHG) emissions by...
Persistent link: https://www.econbiz.de/10013293078