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This bibliography covers private international law, or conflict of laws, in a broad sense. In particular, it covers judicial or adjudicatory jurisdiction, prescriptive jurisdiction, choice of forum, choice of law, federal-state conflicts, recognition and enforcement of sister-state and...
Persistent link: https://www.econbiz.de/10014148634
Conventional economic analysis assumes that Central Counterparties (CCPs) may help to reduce systemic risk and avoid future financial crises by mandating the central clearing of over-the-counter (OTC) derivatives. This view largely goes unchallenged by governments, regulators, practitioners, and...
Persistent link: https://www.econbiz.de/10014101938
This Article utilizes the case of two sugar cane investments in Cambodia to reflect on the interactions between the multi-territoriality of supply chain capitalism and the multiplication of local spaces of intervention. With a combination of legal institutionalism, critical geography and...
Persistent link: https://www.econbiz.de/10012967609
In the mass tort context, the defendant typically seeks to resolve all of the claims against it in one fell swoop. But the defendant's interest in global peace is often unattainable in cases involving future claimants – those individuals who have already been exposed to a toxic material or...
Persistent link: https://www.econbiz.de/10013032970
Courts apply a number of doctrines, including the conduct and effects test, in determining how far to extend jurisdiction in securities class actions involving transnational securities fraud. Courts often focus on whether foreign jurisdictions will recognize a U.S. class action judgment and the...
Persistent link: https://www.econbiz.de/10014211374
world realities. However, while in the UK stewardship was used as a crisis-repelling technique, in other contexts the values …
Persistent link: https://www.econbiz.de/10013250349
This paper explores the ways in which globalization, as a dominant influence on political economy, makes its presence … to embrace globalization in their curricula, scholarship and general orientation or whether law schools have been forced … to bend to the realities of the global economy. While neo-liberal “globalization of the mind” has shifted assumptions …
Persistent link: https://www.econbiz.de/10014203693
Generally speaking, each individual jurisdiction has adopted its own approach concerning the rules on the determination of the governing law applicable in proceedings in international matters. In the international practice, arbitral panels usually distinguish four relatively autonomous areas...
Persistent link: https://www.econbiz.de/10013081363
Persistent link: https://www.econbiz.de/10013083947
This article reports on a study of potential systemic bias in the resolution of ambiguous legal issues by investment treaty arbitrators. It outlines tentative but significant findings that the arbitrators in general tended to favour (a) foreign investors over states in general, (b) foreign...
Persistent link: https://www.econbiz.de/10013000492