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Susan Franck
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Susan Franck, Karl P. Sauvant, Lisa Sachs, Ken Davies, Ruben Zandvliet, Gary Clyde Hufbauer, Laza Kekic, Nathan M. Jensen, Edmund J. Malesky, Reuven S. Avi-Yonah, Jose Guimon, Lorenzo Cotula, Christian Bellak, Markus Leibrecht, Terutomo Ozawa, Michael Mortimore, Carlos Razo, Premila Nazareth Satyanand, Gert Bruche, Anne van Aaken, Jürgen Kurtz, Kathryn Gordon, Joachim Pohl, Veljko Fotak, William L. Megginson, Charles Kovacs, Mark Plotkin, David N. Fagan, Subrata Bhattacharjee, Armand Claude de Mestral, Jason Webb Yackee, Kevin P. Gallagher, Lauge N. Skovgaard Poulsen University College London, Hans Smit, Michael D. Nolan, Frederic G. Sourgens, Luke Eric Peterson, Gus Van Harten, and Alexandre de Gramont
Succinct yet insightful reports are most welcome – especially in our era, distracted as it is by a rising tide of shallow commentary. For those who care about foreign direct investment (FDI), the premier reports are Columbia FDI Perspectives, published every few weeks by the Vale Columbia Center on Sustainable International Investment. Since the first issue (here republished as chapter 2) appeared in November 2008, the Perspectives have adhered to a format of about two pages, authored by a leading expert, on an FDI question of immediate interest. Consequently, there is no better way to keep abreast of changing trends and emerging themes.
Chapter 2 carries the prescient title, “The FDI recession has begun”; several issues (chapters 9-13) document the ascent and challenges of multinational enterprises based in emerging markets, particularly Brazil, India and China; chapter 6 explores farm deals in Africa with the provocative title, “Land grab or development opportunity?”; chapter 1 reveals that emerging markets would attract more than half of FDI in the midst of the Great Recession; chapters. 29 and 30 debate the arbitration featuring environmental claims between Pacific Rim LLC and El Salvador; chapter 22 surprisingly reports that general counsels often know little and care less about bilateral investment treaties.
Fortunately for FDI watchers, these issues of the Perspectives and many more – in fact the complete collection through 2010 – are now available in a single eBook. Corporate executives, who always have too much to read, will find this eBook essential for a quick briefing. Scholars, who always want to read more, will find the eBook a great place to start their quest. And policy officials, who want to know how the wind is blowing on hot questions, can find the direction from these Perspectives.
Much credit for this collection goes to the editor-in-chief, Karl P. Sauvant, the world’s pioneer in gathering reliable statistical information on foreign direct investment, a lifelong observer of FDI questions and a foremost scholar of multinational enterprises. Together with his team at the Vale Columbia Center, Sauvant has done a great service to those of us who care about FDI trends and emerging themes.
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Anna Gelpern
Financial institutions and governments the world over have been locked in mutual dependence since long before the crisis that began in 2007. Postcrisis reforms will not rid banks and governments of one another; at best, they may renegotiate the terms of engagement. This essay uses case studies from the Europe and the Americas to explore the implications of two enduring links between financial institutions and governments: first, the formal and informal public insurance that banks and a growing number of other firms enjoy in exchange for providing critical public services; second, the powerful economic, political and regulatory incentives for financial firms to hold government debt. As a result, an increase in government debt is a common by-product of large-scale bank failure, and large-scale bank failure is a common by-product of government debt default. Such links complicate loss allocation and crisis response. The essay concludes that no sovereign bankruptcy or financial resolution regime can be effective without accounting for the links between governments and financial firms.
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David B. Hunter
Para hacer frente al daño medioambiental, que no reconoce fronteras, aparece el Derecho Internacional del Medio Ambiente como una nueva rama del derecho Internacional. Para el Perú es bastante importante trabajar en este tema ya que "basta recordar que de acuerdo al prestigioso Tyndall Centre, think tank del Reino Unido sobre el Cambio Climático, nuestro país sería el tercero en sufrir los graves estragos del calentamiento global luego de Bangladesh y Honduras", escribió Vera.
To address the environmental damage, which does not recognize borders, international law appears Environment as a new branch of international law. For Peru is very important to work on this issue as "just remember that according to the prestigious Tyndall Centre, UK think tank on climate change, our country would be the third to suffer the ravages of global warming serious after Bangladesh and Honduras "wrote Vera.
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Jeffrey Lubbers
The global explosion of online activity is steadily transforming the relationship between government and the public. The first wave of change, “e-government,” enlisted the Internet to improve management and the delivery of services. More recently, “e-democracy” has aimed to enhance democracy itself using digital information and communication technology. One notable example of e-democratic practice is the government-sponsored (or government-authorized) online forum for public input on policymaking. This book investigates these “online consultations” and their effect on democratic practice in the United States and Europe, examining the potential of Internet-enabled policy forums to enrich democratic citizenship.
The book first situates the online consultation phenomenon in a conceptual framework that takes into account the contemporary media environment and the flow of political communication; then offers a multifaceted look at the experience of online consultation participants in the United States, the United Kingdom, and France; and finally explores the legal architecture of U.S. and E. U. online consultation. As the contributors make clear, online consultations are not simply dialogues between citizens and government but constitute networked communications involving citizens, government, technicians, civil society organizations, and the media. The topics examined are especially relevant today, in light of the Obama administration's innovations in online citizen involvement.
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Binny Miller
This new Second Edition of Clinical Anthology: Readings for Live Client Clinics has the same goal as the first edition published in 1997: to make available to law students in live client clinical courses materials which introduce the goals and methods of clinical education and identify and address the issues and dilemmas consistently arising in the practice of law.
The Second Edition of Clinical Anthology: Readings for Live Client Clinics is also updated to reflect the growth of clinical scholarship that has had a significant influence on curriculum and methodology in law schools throughout the United States since 1997. And, it differs from the first edition in the following ways: • It is organized into five parts, each with two or three chapters • It includes excerpts in Chapter 1 of portions of the Clinical Legal Education Association sponsored Best Practices Project and the Carnegie Foundation for the Advancement of Teaching study of legal education, which emphasize the critical role of clinical experience in preparing students for the legal profession • It moves the materials from Chapters 2 and 6 of the first edition to Part II titled "Professionalism: Ethics, Values and Access to Justice" in order to emphasize that a lawyer's duty to clients, to the justice system, and to the public are inseparable components of professionalism • It adds a new chapter: "Re-thinking Advocacy: Community Lawyering and Transactional Clinics" in the new Part III to respond to the increased diversity of types of clinics and their approaches
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Elliot Milstein and Susan J. Bryant
This new Second Edition of Clinical Anthology: Readings for Live Client Clinics has the same goal as the first edition published in 1997: to make available to law students in live client clinical courses materials which introduce the goals and methods of clinical education and identify and address the issues and dilemmas consistently arising in the practice of law.
The Second Edition of Clinical Anthology: Readings for Live Client Clinics is also updated to reflect the growth of clinical scholarship that has had a significant influence on curriculum and methodology in law schools throughout the United States since 1997. And, it differs from the first edition in the following ways: • It is organized into five parts, each with two or three chapters • It includes excerpts in Chapter 1 of portions of the Clinical Legal Education Association sponsored Best Practices Project and the Carnegie Foundation for the Advancement of Teaching study of legal education, which emphasize the critical role of clinical experience in preparing students for the legal profession • It moves the materials from Chapters 2 and 6 of the first edition to Part II titled "Professionalism: Ethics, Values and Access to Justice" in order to emphasize that a lawyer's duty to clients, to the justice system, and to the public are inseparable components of professionalism • It adds a new chapter: "Re-thinking Advocacy: Community Lawyering and Transactional Clinics" in the new Part III to respond to the increased diversity of types of clinics and their approaches
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Ann Shalleck
This new Second Edition of Clinical Anthology: Readings for Live Client Clinics has the same goal as the first edition published in 1997: to make available to law students in live client clinical courses materials which introduce the goals and methods of clinical education and identify and address the issues and dilemmas consistently arising in the practice of law.
The Second Edition of Clinical Anthology: Readings for Live Client Clinics is also updated to reflect the growth of clinical scholarship that has had a significant influence on curriculum and methodology in law schools throughout the United States since 1997. And, it differs from the first edition in the following ways: • It is organized into five parts, each with two or three chapters • It includes excerpts in Chapter 1 of portions of the Clinical Legal Education Association sponsored Best Practices Project and the Carnegie Foundation for the Advancement of Teaching study of legal education, which emphasize the critical role of clinical experience in preparing students for the legal profession • It moves the materials from Chapters 2 and 6 of the first edition to Part II titled "Professionalism: Ethics, Values and Access to Justice" in order to emphasize that a lawyer's duty to clients, to the justice system, and to the public are inseparable components of professionalism • It adds a new chapter: "Re-thinking Advocacy: Community Lawyering and Transactional Clinics" in the new Part III to respond to the increased diversity of types of clinics and their approaches
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Brenda Smith, Ayelet Waldman, and Robin Levi
Inside This Place, Not of It reveals some of the most egregious human rights violations within women’s prisons in the United States. Here, in their own words, thirteen narrators recount their lives leading up to incarceration and their harrowing struggle for survival once inside.
Among the narrators:
Theresa, who spent years believing her health and life were in danger, being aggressively treated with a variety of medications for a disease she never had. Only on her release did she discover that an incompetent prison medical bureaucracy had misdiagnosed her with HIV.
Anna, who repeatedly warned apathetic prison guards about a suicidal cellmate. When the woman killed herself, the guards punished Anna in an attempt to silence her and hide their own negligence.
Teri, who was sentenced to up to fifty years for aiding and abetting a robbery when she was only seventeen. A prison guard raped Teri, who was still a teenager, and the assaults continued for years with the complicity of other staff.
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Robert Vaughn
Whistleblowers who are public employees are protected by statutes which vary in scope and character, but authorise employees to disclose information outside of the chain of command and under standards that replace internal agency rules or guidelines. During the last decade a number of countries enacted whistleblower statutes that protect public employees who disclose various types of misconduct or incompetence. At the same time, a number of international treaties and conventions addressing governmental corruption have included provisions protecting whistleblowers. The recent activity in providing protection for public sector whistleblowers as well as movements for honesty and transparency in government present a challenge to public employment law.
This chapter examines how the principles and precepts of whistleblower protection challenge public employment law. Beginning with an analysis of the federal whistleblower law in the United States, particularly the Civil Service Reform Act of 1978, the chapter provides a background and review of this law which guides the subsequent analysis. The established themes address concepts of employee loyalty, approval of individual responsibility in the face of hierarchical command, connection to information policy and access to government information, and empowerment of the right of freedom of expression as an underpinning of democratic accountability. These themes are developed in a review of state provisions protecting public sector whistleblowers as well as through comparisons of the whistleblower laws of other countries. This comparison emphasises the many common themes as well as their similar implications for public employment law. The chapter considers how the principles and precepts of whistleblower protection challenge public employment law and concludes with a discussion of how whistleblower protection ironically poses perhaps a challenge to the very notion of a distinct public and private employment law.
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Paul Williams
In the spring of 2010, in Doha, Qatar, the major parties to the Darfur conflict signed a series of framework and ceasefire agreements. The Doha Agreements comprise the Justice and Equality Movement (JEM) Framework, the Liberation and Justice Movement (LJM) Framework, and the LJM Ceasefire Agreements. These accords served two principal purposes. The first and more obvious was to establish a cessation of hostilities and lay the foundation for the negotiation of a comprehensive peace agreement. Critical to each are provisions relating to Security Sector Reform (SSR) and the Disarmament, Demobilization, and Reintegration (DDR) of combatants. Well drafted SSR and DDR provisions, even at the very early stages of a peace process, encourage stabilization in the conflict region and the implementation of the agreement in a sustainable manner. The Doha Agreements, though including occasional language relating to SSR and DDR, largely missed the opportunity to set the framework for mechanisms that would bind the parties to the sustainable deescalation of the conflict. The second and less obvious purpose was to create momentum. From the perspective of the international community, the hope was for momentum to salvage a faltering peace process. From the perspective of the Darfurians, the hope was for momentum to construct a final negotiated settlement that would heal the humanitarian scars of the conflict and generate a level of power-sharing consistent with that enjoyed by Southern Sudan under the Comprehensive Peace Agreement. For the government of Sudan, the hope was for momentum to gain the upper hand in the April elections, legitimize the regime of President Omar Al-Bashir, and complete the process of transforming the Darfur conflict into a “humanitarian matter” that would solidify the status quo, in which they held a superior position, and limit the active engagement of the international community. The competing and highly political interests of the three stakeholders affected the nature and quality of the agreements negotiated in Doha. This chapter examines the collective development and impact of the Doha Agreements, seeking to place them in their appropriate political context, analyze the momentum and political slant of the negotiating processes, and consider the missed opportunities of the abbreviated DDR and SSR programs.
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Richard J. Wilson
Clinical legal education adopted by law schools outside of the United States—as pedagogical method, as academic structure, indeed, as concept itself—is largely an export from the United States, wherein lie its roots. Clinical programs arose from social and protest movements of the 1960s and ‘70s. During that time, law school clinics received an enormous boost from the Ford Foundation-funded Council on Legal Education and Professional Responsibility (CLEPR), which served to spread the gospel and deepen the presence of clinics in US law schools. The first law and development movement came into being in parallel with the growth of clinics in the United States during those decades. The movement exported US legal education models and methods to other countries, and eventually fell prey to a devastating critique that brought it to a screeching halt, including some argue appropriately, all legal education innovations exported from the United States. This chapter attempts to determine the salience of this critique today, particularly as legal imperialism might be strongly associated with legal education methods in the United States. The author concludes that the exportation of clinical legal education cannot today be called legal imperialism and further argues that this critique is as much a function of American hubris as it is real. He next examines legal imperialism through typology, and explores the historical context of the contention. He finally examines the central premises of the legal imperialism critique as it relates to both the sweeping forced assimilation of entire legal cultures, and the narrow issue of clinical legal education.
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Richard J. Wilson
Following the terrorist attacks of 9/11, the United States imprisoned more than seven hundred and fifty men at its naval base at Guantanamo Bay, Cuba. These men, ranging from teenage boys to men in their eighties from over forty different countries, were detained for years without charges, trial, and a fair hearing. Without any legal status or protection, they were truly outside the law: imprisoned in secret, denied communication with their families, and subjected to extreme isolation, physical and mental abuse, and, in some instances, torture. These are the detainees - stories, told by their lawyers because the prisoners themselves were silenced. It took habeas counsel more than two years - and a ruling from the United States Supreme Court - to finally gain the right to visit and talk to their clients at Guantanamo. Even then, lawyers were forced to operate under severe restrictions designed to inhibit communication and envelop the prison in secrecy. In time, however, lawyers were able to meet with their clients and bring the truth about Guantanamo to the world. The Guantanamo Lawyers contains over one hundred personal narratives from attorneys who have represented detainees held at Guantanamo as well as at other lawless detention centers such as Afghanistan’s Bagram Air Base. Mark Denbeaux and Jonathan Hafetz - themselves lawyers for detainees - collected stories that cover virtually every facet of Guantanamo and the litigation it sparked. Together, these moving, powerful voices create a historical record of Guantanamo’s legal, human, and moral failings, and provide a window into America’s catastrophic effort to create a prison beyond the law.
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From the Periphery to the Center? The Evolving WTO Jurisprudence on Transparency and Good Governance Padideh Ala'i
The rise of the regulatory state in the latter half of the 20th century is reflected in the text of the World Trade Organization (WTO) Agreements and specifically its transparency related obligations. The oldest transparency and good governance obligation of the WTO is Article X of General Agreement on Tariffs and Trade (GATT). Article X imposes broad publication and due process requirements on the administration of measures in the area of trade in goods. The language of Article X is duplicated or incorporated by reference throughout the WTO Agreements. During the GATT years (1947-94), Article X was a silent provision dismissed by GATT panels as 'subsidiary' to the other 'substantive' provisions of the GATT. Since the creation of the WTO, Article X has emerged from obscurity, and is now viewed as creating obligations of 'fundamental importance,' such as transparency and due process. In addition, there has been an exponential increase in the number of cases asserting Article X claims before WTO panels and the Appellate Body. The resulting treatment of such claims by the WTO dispute settlement bodies reflects both the emerging role of the WTO as a supranational administrative body and the continuing discomfort of panels and the Appellate Body with applying good governance obligations.
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Jonathan Baker
Competition as a public policy value has always been an important mission of the ABA Section of Antitrust Law, but perhaps never so much as during the economic crisis of 2008-2009. In the face of one of the worst economic downturns since the Great Depression, it is tempting for public policy to turn away from the principles of competition. Competition as Public Policy is a 359-page examination of some of the most relevant competition policy issues in the United States and the world today. It includes an in-depth analysis of competition policy in distressed industries, the history of government regulation in the face of economic crisis, causes of the current financial crisis, competition policy for health care in the United States, and state aid in Europe and around the world. Contributors include Carl Shapiro, Sam Peltzman, Larry White, Tim Greaney, and Andrew Renshaw. The volume also includes a provocative piece by Alfred Kahn on changing the standard for predatory pricing cases. Competition as Public Policy also features transcripts from panel discussions offering perspectives from experienced members of the bar, government officials, and distinguished academics. These discussions review the history of competition as a basis for public policy, examine deregulation in the context of airlines and electricity, analyze competition policy in the financial sector and the healthcare industry, and explore the history and current status of state aid policies globally.
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Jonathan Baker
This comprehensive book provides an extensive overview of the major topics of antitrust law from an economic perspective. Its in-depth treatment and analysis of both the law and economics of antitrust is presented via a collection of interconnected original essays. The contributing authors are among the most influential scholars in antitrust, with a rich diversity of backgrounds. Their entries cover, amongst other issues, predatory pricing, essential facilities, tying, vertical restraints, enforcement, mergers, market power, monopolization standards, and facilitating practices.This well-organized and substantial work will be invaluable to professors of American antitrust law and European competition law, as well as students specializing in competition law. It will also be an important reference for professors and graduate students of economics and business.
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Daniel D. Bradlow
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Daniel Bradlow and David Hunter
This is the conclusion to the edited volume, International Financial Institutions and International Law. After a brief overview of the key points made in the volume, the authors offer some observations on the role that international law plays and should play in the functioning of international financial institutions and some suggestions for future research on the topic.
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Daniel Bradlow and David Hunter
This is the introduction to an edited volume of papers on International Financial Institutions and International Law. The introduction provides an explanation of the editors motivation for undertaking this book project and an overview of the chapters in the book.
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Michael W. Carroll
This comment responds to Professors Bergstrom and Rubinfeld’s chapter, Alternative Economic Designs for Academic Publishing. Their principal argument is that most prices for academic journals are inefficiently high and that open access accomplished by authors placing copies of their articles on the open Internet is one means of creating competition to improve efficiency in this knowledge market. Carroll applauds and provides supplementary support for both the normative and prescriptive elements of this claim. However, from the perspective of copyright law, which is at the root of these inefficiencies, he argues that they do not go far enough. The primary argument for open access is not to improve the efficiency of journal pricing. Instead, scholarly authors must use their copyrights to advance the normative goals of copyright law – to promote the progress of science and useful arts. In the digital environment, that goal is best promoted through open access to the scholarly literature even if journal prices were otherwise set at the efficient level. Authors of these articles do not need the lure of exclusive rights to perform research or to publish their results, and free online access serves to benefit multiple audiences.
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Mary L. Clark
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N. Jeremi Duru
Examining baseball not just as a game but as a social, historical, and political force, this collection of sixteen essays looks at the sport from the perspectives of race, sexual orientation, economic power, social class, imperialism, nationalism, and international diplomacy. Together, the essays underscore the point that baseball is not just a form of entertainment but a major part of the culture and power struggles of American life as well as the nation’s international footprint.
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