Suchergebnisse

Although arbitration is a way of settling disputes without resorting to expensive litigation, it can frequently be manipulated to maintain inequitable relationships. This study examines American legislation that deals with conflict within arbitration practice.

'Internationalization' remains a wide notion often used by jurists. The present study does not deal with the regime of internationalization by itself but rather highlights its principal applications: functional internalization and its links with globalization, territorial Internalization, and political Internationalization. These three types of Internalization target to the same goal, namely the supremacy of International law upon internal law.

Cover -- Domination through Law -- Series Page -- Domination through Law: The Internationalization of Legal Norms in Postcolonial Africa -- Copyright Page -- Contents -- Acknowledgments -- Chapter 1 -- Introduction -- Rebuilding the Rule of Law in Africa -- Problem-Solving Peacebuilding and the Rule of Law -- Critical Peacebuilding, Coloniality, and Law -- Researching Heterogenous Settings of West Africa -- Structure of the Book -- Notes -- Part I: The Rule of Law and Coloniality Revisited -- Chapter 2 -- The Coloniality of the Rule of Law -- International Law, Imperialism, and Colonization

"This paper studies institutional interaction through dispute settlement in international trade governance. Precisely, the paper addresses the question, how and with which consequences the dispute settlement mechanisms of the European Union (EU) and
the World Trade Organization (WTO) as well as the dispute settlement mechanisms
of the North American Free Trade Agreement (NAFTA) and the World Trade
Organization (WTO) influence the normative development or effectiveness of the
respectively other institution. Thereby, the paper proceeds in the following steps:
First, legalization and institutional interaction will be highlighted as important topics of study. Afterwards, a theoretical framework to analyze institutional interaction through dispute settlement by causal mechanisms will be developed. Eventually, the empirical part of the paper analyzes two important trade-disputes regarding their inter-institutional influence: The Banana Dispute, which was arbitrated by the European Court of Justice as well as the WTO Dispute Settlement Body and the
Softwood Lumber Dispute, which was arbitrated in front of the NAFTA dispute
settlement mechanism and the WTO DSB. The paper concludes by drawing the
implications of institutional interaction through dispute settlement for the legalization of international trade governance and especially for the already claimed
'internationalization of the rule of law' in international trade governance." (author's abstract)

What determined the wide adoption of the IFRS -- What led to the IFRS' success? -- Internationalization of IFRS at the state level -- Internationalization of IFRS at the firm level -- The future of the globalization of the IFRS regulation

The positive effects of rule of law norms and institutions are often assumed in the fields of global governance and international development, with empirical work focusing more on the challenges of using law to engineer social change abroad. Questioning this assumption, the book contends that purportedly "good" rule of law standards do not always deliver benign benefits but rather often have negative consequences that harm the very local constituents which rule of law promoters promise to help. In particular, the book argues that rule of law promotion in post-colonial societies reinforces socioeconomic and political inequality which disproportionately favors dominant actors who have the wealth, education, and influence to navigate the state legal system. In addition to an historical account of legal development in settler-colonial environments, this argument is also drawn from a comparative study which focuses on the UK-supported justice sector development programs in Sierra Leone and the US-funded rule of law projects in Liberia.

AbstractOn the basis of a hand-collected sample of 123 Chinese law firms, this article offers a comprehensive empirical examination into their globalization efforts. It finds that the majority of the firms have endeavoured to expand overseas than not. The most frequently used strategies are international offices and formal cross-border referral networks. While all law firms are enthusiastic to echo and tag along the government-led 'Going Out' initiatives so as to claim legitimacy for their activities, the firms with secondary or lower tier reputation tend to implement it on a more substantive level. Overall, Chinese law firms are still at the initial stage of their internationalization process, and there are considerable discrepancies between actual practices and the formal structures. This is most evident when many of the international offices are in fact associated or merged but subtly marketed as directly invested, thus illustrating that internationalization often carries symbolic value in the eyes of clients. This said, a closer look at the overseas offices with resident lawyers reveals that Chinese law firms are often also calculative entrepreneurs, who know where their competitiveness lies. They purposefully organize their offices to focus on trade route underpinned work, especially the niche market of the outbound Chinese SMEs. As such, pragmatism, entrepreneurship, and state power dynamically interact with each other in shaping the internationalization trajectories of Chinese law firms.