Suchergebnisse

The increasingly international reach of law owes part of its momentum to individual lawyers and law firms that function as carriers of ideas, processes and policies. U.S. lawyers are important participants in this expanding influence of law, both in the public sphere in areas such as human rights and in private areas, such as regulation of business. They work as representatives of both U.S. clients and foreign organizations and governments, bringing their basic mindset, shaped by education and practice experiences, into their dealings with foreign lawyers as they connect in a variety of roles, from co- and opposing counsel, to employees and partners. By working alongside and across the table from each other, U.S. and foreign lawyers have opportunities to influence one another and extend the reach of their conceptions about the way law and legal practice should work. Through these interactions, they define the terms of internationalization and thereby establish the agenda for the role of law at the international level. This article examines the regulatory environment in which that interaction occurs. It considers the obstacles faced by law firms intent upon combining foreign and U.S. lawyers and builds on prior work that investigated the impact on U.S. law firms of the development of an international market for legal services and the roles of foreign lawyers in the U.S. Regulation within the United States concerning the interaction between foreign and U.S. lawyers shapes the ways in which U.S. firms participate in the developing international market for legal services; it may well determine the placement and extent of that participation through U.S.-based activities. Further, restrictions on the interaction of foreign and U.S. lawyers limit the influence of U.S. practice and procedures on foreign lawyers, because such restrictions limit the opportunities for foreign lawyers to learn the ways and thinking of U.S. lawyers.

Why is Chinese aid attractive to some recipient countries and controversial in others? This study advances the idea that Chinese aid is more attractive in countries that lack or have weak Development Assistance Committee-based aid institutions. When there is a mismatch between a non-DAC donor and a recipient country's aid regimes, legal and political problems may arise, as the case of Chinese aid to the Philippines in the 2000s demonstrates. As a recipient country, the Philippines is more accustomed to DAC-based rules and practices governing development aid processes, while as a donor country, China's aid institutions evolved outside the DAC club. The controversies that subsequently arose from institutional mismatch created a public perception that Chinese aid was illegal and prone to corruption, undermining China's aid objectives. (Asian Perspect/GIGA)

Following a series of narrow interpretations by the High Court of Australia, s 46 of the Trade Practices Act 1974 (Cth), has been rendered inoperable. The legislative provision seeks to prevent corporations from 'misusing their market power,' and is concerned with one of the long standing questions in political economy: the role of the government in the market. This article establishes that s 46 has inevitably failed as a consequence of institutional mismatch between the interpretive expectations that parliament has of the courts, and the limits of discretion in judicial interpretation.

This chapter investigates the manner in which public participation in environmental matters is organised under EU law throughout the decision-making chain and shows the infant stadium of development of the case law of the Court of Justice of the European Union in this area. Based on legal analysis and literature review, this chapter highlights the different requirements existing at the various levels of the chain and their interaction. It then unveils the potential mismatch that emerges when the legal requirements are looked at from the perspective of what people want, based on social sciences insights.

Abstract Brazilian political-administrative structures often arise on institutional and legal mazes, reducing the effectiveness to solve the unsatisfactory living conditions in poor communities. Unraveling conflicts and finding alternative can contribute to better life quality and improved structures. This article discusses the lack of coherence among technical diagnoses, community demands, and actions of public administration in urban areas exposed to landslide risk, and studies the case of informal settlements of Morro da Cruz, in Florianópolis, southern Brazil. The susceptibility to landslides and the poor living conditions of about 40% of the population living there, led these communities to receive investments from the Growth Acceleration Program (PAC) of Brazil´s Federal Government which main interventions (2009-2016) should be the construction of social housing and land regularization for the inhabitants since the data showed in 2008 a deficit of 438 houses and had 80% of properties without due documentation. An evaluation in 2016 showed those interventions in Morro da Cruz improved living conditions, however, they did not complete land regularization, eliminate the housing deficit nor the susceptibility. In conclusion, we point out the main gaps in the process and the possible support for an improvement of the structures for such interventions in the Brazilian context.

Hybrid mismatch arrangements are means of structuring cross-border transactions which result into double taxation or double nontaxation due to differences in the legal qualification of the taxpayer's status or the legal qualification of the type of income. Hybrid mismatches arise due to imperfection of legislative techniques and are often accidental, but in some cases hybrid mismatch arrangements act as a way of committing tax offenses, leading to base erosion and profit shifting. The key provisions against the intentional use of hybrid mechanisms aimed at tax avoidance are being specified at the level of national legislations. One of the problems arising out of such norms' adoption is concluded in providing them with compliance to tax certainty principle, which acts as a guarantee of tax legislation application in accordance with the content of public interest laid down into them, and as the means of protecting the taxpayers' reasonable expectations at the stage of law enforcement. This article analyzes the existing antihybrid mismatch provisions of the certain foreign tax legislations (on the examples of the United States of America, of the United Kingdom and of the members of the European Union) for their compliance with the tax certainty principle.

In Canada today, there is no prohibitive regulation of abortion. Indeed, federal law seems barely cognisant of the social reality of the widespread termination of pregnancy. The absence of legal obstacles appears to remove law from the abortion debate, but, having defined its terms, I argue that law continues to operate at a constitutive level, notwithstanding its invisibility. In Canadian public consciousness, there is 'abortion on demand'. However, an examination of women's actual experiences reveals a complexity and a mismatch with social and legal discourse that feminists need to address both theoretically and practically. This article uses 15 specific stories to explore the factors preventing the realization of feminist ideals of full and equal choice for all women. An awareness of women's agency and the different ideological contexts and material inequalities under which they negotiate unplanned pregnancy, abortion and motherhood must inform feminist strategies within and beyond law, if the promise of reproductive rights is to be fulfilled universally.

AbstractThis article applies a qualitative approach to the legal segmentation analysis developed by Dingeldey et al. (2021), considering exclusion from, and hierarchies of, worker protection. Examining the cases of China, India, Malaysia and Viet Nam, the author finds that several factors distinguish these countries from those in the global North and produce distinct labour market outcomes, namely: in terms of the relative size of the workforce operating outside the effective coverage of employment regulation; legal terminology that is not readily translated into Western languages; and legal history, especially as regards the mismatch between statutory frameworks and the labour market resulting from colonialism.