Suchergebnisse

The growth of inequality over the past half century is closely connected to the rise of neoliberal policies and institutions, the latter of which shield capital from state actions that might limit wealth accumulation. Economic nationalism since the global financial crisis has slowed or even reversed this, yet this same era has seen the emergence of a new form of instrument in the neoliberal mold, in a stronghold of state sovereignty: taxation. Under mandatory binding tax arbitration, states cede sovereignty over the interpretation of international tax agreements to panels of transnational tax adjudicators. Focusing on the pivotal role of the United States, we use historical documents, including from the congressional archive and interviews with key actors to ask why tax arbitration emerged late in the neoliberal era, and at a counterintuitive time. We demonstrate that this outcome is the result of instrumental business power driving a process of incremental change through layering, to overcome states' preference to retain sovereignty. This experience sheds light on the historically structured ways that business power constrains sovereignty in an era of high inequality.

Introduction -- The doctrine of Res Judicata in domestic laws -- The doctrine of Res Judicata in international law -- Res Judicata issues arise in international commercial arbitration -- Res Judicata in international commercial arbitration : a problem -- Search for an appropriate approach -- Transnational Res Judicata principles for international commercial arbitral tribunals -- Conclusion

Over the past decade Australia has struggled to come to grips with the decline of its traditional economic and industrial structures, and the need to accommodate itself to the international context. Since 1900 Australia has had an industrial relations system highly regulated by law. Economic and political pressures are challenging the continuing relevance of this system, and particularly its ability to adapt to the need for an "enterprise-based" industrial relations culture. This article examines the type of industrial relations system erected under compulsory arbitration in Australia, its impact upon various aspects of the labour market, and the incremental nature of the process of reform to the system.

Introduction -- Energy in international law -- Foundational approach : international energy transactions -- Ad hoc approach : joint development of hydrocarbons -- Ad hoc approach : hydroelectricity, offshore wind, pipelines and electricity transmission lines -- Centralised approach : nuclear energy -- Centralised approach : producer/consumer, promotion and regional cooperation organisations -- International law and the energy transformation -- Conclusion.

This book provides for an extensive legal analysis of the international drug control system in light of the growing challenges and criticism that this system faces. In the current debate on global drug policy, the central pillars of the international drug control system – the UN Drug Conventions as well as its institutions – are portrayed as outdated, suppressive and seen as an obstacle to necessary changes. The book's objective is to provide an in-depth and positivist insight into drug control's present legal framework and thus provide for a better understanding of the normative assumptions upon which drug control is currently based. This is attained by clarifying the objectives of the international drug control system and the premises by which these objectives are to be achieved. The objective ofthe currentglobal framework of international drug control is the limitation of drugs to medical and scientific purposes. The meaning of this objective and its concrete implications for States' parties as well asits problems from the perspective of other regimes of international law, most notably international human rights law, are extensively analysed. Additionally, the book focuses on how the international drug control system attempts to reach the objective of confining drugs to medical and scientific purposes, i.e. by setting up a universal system that exercises a rigid control on drug supply. The consequences of this heavy focus on the reduction of drug supply are outlined, and the book concludes by making suggestions on how the international drug control system could be reformed in the near future in order to better meet the existing challenges.The analysis occurs from a general international law perspective. It aims to map the international drug control system within a wider context of international law and to understand whether the problemsthat the international drug control system faces are exemplary for the difficulties that institutionalized systems of global scope face in the twenty-first century.