Rape and Querela Law in Italy: False Protection of Victim Agency
In: Michigan Journal of Gender & Law, Band 13, Heft 273
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In: Michigan Journal of Gender & Law, Band 13, Heft 273
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In: Oxford scholarship online
The American economy looks good. This is in the wake of a decade where dramatic failures in individual markets and institutions sparked a global financial crisis resulting in political, social and economic unrest. In the United States, a host of legislative acts completely reshaped the regulatory landscape. This book investigates the structure and the workings of financial instruments and the capital markets.
In: Springer eBook Collection
Keynote Lecture -- Plenary Lectures -- Physical and Physicochemical Properties of Food -- Application of NMR to Food Engineering -- Mechanical Processing of Food -- Thermal and Mass Transfer Operations of Food -- Phase Change Operation -- Concentration and Dehydration Processes -- Reaction Kinetics in Food Processing -- Fermentation Processes -- Bioreactors Using Enzymes and Cells -- Separation and Purification Processes -- Membrane Processes -- Pasteurization and Sterilization Processes -- Aseptic Processes -- Packaging Science and Technology -- Fouling and Cleaning -- Processing under Unusual Conditions -- Transportation and Preservation of Food -- Sensors, Process Control, and Factory Automation -- Innovation in Equipment Design and Plant Operation -- Environmental Problems in Food Industry -- Innovation in Traditional Food Processing -- Design of Physiological Functions of Foods from Engineering Viewpoints.
In: ICSID review: foreign investment law journal
ISSN: 2049-1999
Abstract
Endorsed more than a decade ago by the UN Human Rights Council, the UN Guiding Principles for Business and Human Rights (UNGPs) articulate the responsibilities of States and corporations for human rights. Since then, the issue of corporate responsibility for human rights, and also the environment, and how it ought to be recognized and enforced, has attracted increasing attention. In more recent years, States have promulgated a flurried storm of ESG regulations requiring disclosure of human rights or climate risks or mandating human rights due diligence across global supply chain networks, intensified their transition to greener economies, and continued to negotiate treaties infused with dreams of more sustainable investment and development. Against this backdrop, in October 2023, a UN Special Rapporteur presented a report that condemned the international arbitration system for prioritizing the protection of corporate property rights over the protection of international human rights and the environment. In tracing the development of a 'soft law' aspiration of corporate responsibility to inscriptions into 'hard law' international investment law treaty instruments and then considering how those inscriptions have been interpreted and applied by tribunals, this article finds that despite the nascent recognition of corporate responsibility for human rights and the environment, the enforcement of accountability for that responsibility in international arbitral practice is currently misaligned with the UNGPs and with other fundamental tenets of international law. This article subsequently explores the opportunity, and implications, for imprinting stronger footprints of responsibility and accountability in international arbitral practice, including through the potential recognition of new international public policy upholding corporate responsibility for human rights and the environment, and in doing so, highlights the need for greater cross-industry, multidisciplinary and multilateral dialogue on an issue of not only global significance, but with global impact.
In: International organization, Band 14, Heft 2, S. 369-370
ISSN: 1531-5088
The International Lead and Zinc Study Group held its first session in Geneva from January 27 to February 3, 1960. Representatives were present from Australia, the Belgian Congo, Belgium, Luxembourg, Canada, Czechoslovakia, Finland, France, India, Italy, Japan, Mexico, Morocco, the Netherlands, Norway, Peru, Poland, the Soviet Union, Spain, Sweden, the Union of South Africa, the United Kingdom, the United States, West Germany, and Yugoslavia. Mr. G. J. McMahon (United Kingdom) was elected chairman of the session, and Mr. C. W. Nichols (United States) was elected vice-chairman.
In: International organization, Band 7, Heft 3, S. 410-411
ISSN: 1531-5088
For the nine-month period ending March 31, 1953, the International Bank for Reconstruction and Development reported a net income of $12,947,735, compared with $12,507,639 for the similar period in 1952. Exclusive of loan; commissions gross income was $31,682,273, compared with $25,744,168 in 1952. Placed in the supplemental reserve against losses on loans and guarantees, the net income increased this reserve to $70,975,835. Loan commissions, which amounted to $6,985,416 were credited to the Bank's special reserve, increasing it to $34,670,000, while total reserves on March 31 were $105,645,905.
In: International organization, Band 4, Heft 3, S. 481-483
ISSN: 1531-5088
The International Bank for Reconstruction and Development reported a net income of $9,856,856 for the nine months ended March 31, 1950. The net income for the first three quarters of the preceeding year had amounted to $7,383,006. Gross income, exclusive of $4,157,591 in the special reserve, amounted to $18,798,663; expenses totalled $8,941,807, including $3,248,017 administrative expenses and $5,693,700 bond interest and other payments. As of March 31,1950 the Bank had an accumulated excess of income over expenses of $23,497,950, and the special reserve amounted to $12,231,732.
In: International organization, Band 2, Heft 1, S. 122-124
ISSN: 1531-5088
The second annual meeting of the Board of Governors of the International Bank for Reconstruction and Development convened in London on September 11, 1947. On September 12 the Board adopted a report presented by John J. McCloy, president of the Bank, in which were included an outline of the activities of the Bank since the first annual meeting of the Board a year before, financial statements covering the fiscal year which ended June 30, 1947, and the administrative budget for the fiscal year ending June 30, 1948.
In: Law, meaning, and violence
The evolution of the case law in the field of free movement of goods has been marked by consecutive changes in the legal tests applied by the Court of Justice of the European Union for the determination of the existence of a trade restriction. Starting with the broad Dassonville and Cassis de Dijon definition of MEEQR (measures having equivalent effect to a quantitative restriction), the Court subsequently introduced the Keck-concept of 'selling arrangements', which allowed for more regulatory autonomy of the Member States, but proved insufficient to capture disguised trade restrictions. Ultimately, a refined 'market access' test was adopted, qualified by the requirement of a 'substantial' hindrance on inter-State trade. Contrary to the free movement of goods, the free movement of capital has not undergone the same evolutionary process. Focusing on the 'golden shares' case law, this article questions the broad interpretation of 'capital restrictions' and seeks to investigate whether the underlying rationale of striking down any special right that could have a potential deterrent effect on inter-State investment is compatible with the constitutional foundations of negative integration. So far the Court seems to promote a company law regime that endorses shareholders' primacy, lacking, however, the constitutional and institutional legitimacy to decide on such a highly political question. It is thus suggested that a refined test should be adopted that would capture measures departing from ordinary company law and hindering market access of foreign investors, while at the same time allowing Member States to determine their corporate governance systems.
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In: Canadian journal of economics and political science: the journal of the Canadian Political Science Association = Revue canadienne d'économique et de science politique, Band 24, Heft 4, S. 512-518
Modern legislation, in Canada as elsewhere, has entrusted important functions to boards or commissions and has conferred very wide powers upon them. The basic purpose of such legislation is to supplement legislatures, courts of law, and ministers of the Crown by providing these venerable institutions with subordinate agencies which, within a strictly limited sphere, can act more effectively.The legislative functions of a board consist in making regulations with the force of law. These regulations often require the approval of the supreme executive authority. They provide a necessary type of legislation which our legislatures, let us say it quite brutally, are not competent to consider in detail.A second function of boards is to decide disputes. Not only do they supplement the action of the legislatures in cases in which it is likely to be cumbersome or ineffective, but they also replace judicial action in cases in which it is disliked or distrusted. Although control by courts of law may remain formally unimpaired, boards acting within the scope of the law which creates them are able to interfere, ostensibly in the public interest as they themselves define it, with many established or traditional rights.A third function of boards is administrative. They are in principle able to act with complete immunity from the political pressures to which a minister of the Crown may quite properly be exposed. Their administrative work is facilitated by their legislative and judicial powers and part of their usefulness derives from their ability to combine three functions which cannot be conveniently—and perhaps cannot be safely—combined at higher levels.
Plusieurs membres de la Cour de justice des Communautés européennes ont été attentifs à la perception de la jurisprudence de la Cour par des observateurs économistes. Réciproquement, de nombreux économistes analysent les implications, dans leur discipline, des décisions de la Cour. C'est principalement dans le domaine du droit de la concurrence que cette pratique s'est développée. Dans cet article, il est d'abord question de l'objet auquel les économistes s'intéressent lorsqu'ils se tournent vers la jurisprudence de la Cour. L'analyse se tourne ensuite vers le contenu de leurs observations - ce que les économistes voient typiquement dans les arrêts. Enfin, la question de la réception par la Cour du regard des économiste est abordée. ; The European Court of justice has long been aware of economists watching its judgements, particularly in the field of European Competition Law. This article considers first what exactly economists are looking at when they read the case law. Then, the typical content of their observation is analysed. Finally, the analysis turns to how the Court takes into account economist's view point on the case law.
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In: Andreas R. Ziegler et al (eds), Oxford Handbook of International LBGTI Law - Sexual Orientation, Gender Identity, Gender Expression and Sex Characteristics (SOGIESC) Law from an International-Comparative Perspective, Oxford University Press 2023 (forthcoming)
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In: DIE Zeitschrift für Erwachsenenbildung, Heft 3, S. 26-29
Mit dem "Programme for the International Assessment of Adult Competencies" untersuchte die OECD erstmals die Lese-, Rechen- und Problemlösekompetenzen Erwachsener in 24 Industrieländern. Welche Werte die deutschen Teilnehmer im internationalen Vergleich erzielen, wie sie sich auf die Kompetenzlevel verteilen und welche Zusammenhänge mit anderen Faktoren wie dem Alter oder Bildungsabschluss bestehen, wird anhand zentraler Ergebnisse der Studie aufgezeigt. (Autorenreferat)
In: International law reports, Band 117, S. 565-593
ISSN: 2633-707X
Arbitration — International arbitration — Appeal from arbitration tribunal to courts of seat of arbitration — Limits on appellate jurisdiction — Appeal for manifest error of law — Whether extending to appeal based upon alleged error in applying foreign law or international lawRelationship of international law and municipal law — International law as part of municipal law — Whether the same in all States — Whether differences in the rules of international law which form part of the laws of different States — Whether those rules given effect in different ways — The law of Queensland