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Article
Publication date: 1 March 2002

Cynthia Sneed

This study investigates the relationship between different levels of state balanced budget laws and state borrowing costs. Using federal guidelines for state balanced…

Abstract

This study investigates the relationship between different levels of state balanced budget laws and state borrowing costs. Using federal guidelines for state balanced budget law classifications, this author inserted dichotomous variables in an empirical model of state borrowing costs. Ordinary Least Squares Regression is utilized to determine which balanced budget laws are recognized in state interest costs. The results indicate a significant relationship between the most restrictive levels of balanced budget laws and state borrowing costs. The strongest balanced budget laws are associated with lower interest costs while the weakest budget laws are associated with higher costs. It appears that taxpayers in states with weaker balanced budget amendments may not be as protected against excessive government growth as those in states with the most stringent balancing requirements.

Details

Journal of Public Budgeting, Accounting & Financial Management, vol. 14 no. 2
Type: Research Article
ISSN: 1096-3367

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Abstract

Purpose

This chapter seeks to reveal what are the implications of the corporate social responsibility (CSR) debate on international investment law by focusing on the specific example of public health. The right to health is one of the human rights secured in international law and in the national legislation of a majority of States. This chapter will provide examples of investment cases concerning tobacco control measures, imposed by the Host States for the purpose of improving public health, though challenged by the tobacco companies under International Investment Agreements (IIAs) in investment tribunals. These specific examples cast rather general questions regarding the legal framework of international investment framework and its role in providing sufficient policy space for Host States to implement the public policies and to ensure that foreign companies adhere to the CSR standards.

Methodology/approach

In order to investigate what are the implications of the CSR debate on international investment law on the example of tobacco industry, the author performs a literature review and analyze two tobacco disputes and its possible implication on the public health debate and protection of foreign investors.

Findings

This case study illustrates the complex paradigm that interlink economic and human rights obligations of States on one side of the spectrum and property rights and social responsibilities of tobacco companies on the other side.

Originality/value of chapter

This chapter addresses a very topical and pertinent issue in public international law, namely: the role of public interest norms in the regime of foreign direct investment.

Details

Communicating Corporate Social Responsibility: Perspectives and Practice
Type: Book
ISBN: 978-1-78350-796-2

Keywords

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Book part
Publication date: 3 January 2015

Julia Shamir

While the concept of legal culture has been receiving a growing attention from scholars, this research often overemphasizes the similarity of the opinions held by…

Abstract

While the concept of legal culture has been receiving a growing attention from scholars, this research often overemphasizes the similarity of the opinions held by different segments of population. Furthermore, the relationship of migration and the change of legal-cultural attitudes has not received particular attention. Drawing on 70 in-depth interviews with the immigrants of the early 1990s from the former Soviet Union to Israel and the secular Israeli Jews, this chapter provides a comprehensive account of the various aspects of legal culture of these groups. The second important finding is the persistence of the legal-cultural attitudes and perceptions over time.

Details

Studies in Law, Politics, and Society
Type: Book
ISBN: 978-1-78441-568-6

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Book part
Publication date: 18 January 2008

Bharat Malkani

This chapter addresses the possible consequences of the United States Supreme Court's increasing attention to international and foreign human rights law in its death…

Abstract

This chapter addresses the possible consequences of the United States Supreme Court's increasing attention to international and foreign human rights law in its death penalty jurisprudence, particularly with respect to the Eighth Amendment. I question the belief of those commentators who argue that such attention might assist with efforts to abolish the death penalty in the United States, and argue instead that the perceived threat to state sovereignty that the invocation of international and foreign human rights law poses might result in attempts to retain the death penalty as a means of reasserting state autonomy.

Details

Special Issue: Is the Death Penalty Dying?
Type: Book
ISBN: 978-0-7623-1467-6

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Book part
Publication date: 9 September 2020

Chris Thornhill

This chapter proposes a sociological reconstruction of the emergence of citizenship as a source of legitimacy for political institutions, and it focuses on examining the…

Abstract

This chapter proposes a sociological reconstruction of the emergence of citizenship as a source of legitimacy for political institutions, and it focuses on examining the historical processes that first gave rise to this concept. It explains how citizenship has its origins in the transformation of feudal law, a process that culminated in patterns of military organization that characterized the rise of the early modern state in Europe. On this basis, it describes how the growth of constitutional democracy was integrally marked by the militarization of society and explains that military pressures have remained palpable in constitutional constructions of citizenship. In particular, it argues that, through the early growth of democracy, national citizenship practices were closely linked to global conflicts, and they tended to replicate such conflicts in national contexts. It concludes by showing how more recent processes of constitutional norm formation, based largely in international human rights law, have acted to soften the military dimensions of citizenship.

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Book part
Publication date: 1 April 2004

Yüksel Sezgin

This paper provides a political analysis of legal pluralism from a “new institutionalist” perspective. In response to question of why states recognize and incorporate non…

Abstract

This paper provides a political analysis of legal pluralism from a “new institutionalist” perspective. In response to question of why states recognize and incorporate non-state normative orderings into their legal systems, it is hypothesized that the decision of incorporation is made to enhance the capacities of postcolonial states with “rational” calculations. In this respect, two new categories of legal pluralism are introduced: capacity-enhancing recognition and capacity-diminishing recognition. The paper lastly assesses the implications of legal pluralism upon the state-society relations and individual rights and liberties of citizens in the case of Israel.

Details

Studies in Law, Politics and Society
Type: Book
ISBN: 978-1-84950-262-7

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Book part
Publication date: 27 September 2014

Adelaide H. Villmoare and Peter G. Stillman

Neoliberalism has profoundly influenced the relationship between law and the state. Market rhetoric and ideology have fostered Janus faces of law, a double vision of law

Abstract

Neoliberalism has profoundly influenced the relationship between law and the state. Market rhetoric and ideology have fostered Janus faces of law, a double vision of law where both sides of the face adhere to one another through neoliberalism. One face relies on market values and individual liberty, seemingly favoring the reduction of state authority, actually to enhance law’s power. The other Janus face, also drawing on values of market efficiency and individual responsibility, expands criminal justice and its role in the state. Together the Janus faces of law diminish democratic values and practices of law in favor of economic growth, efficient governance, and punishment.

Details

Special Issue: Law and the Liberal State
Type: Book
ISBN: 978-1-78441-238-8

Keywords

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Article
Publication date: 1 April 2004

Georgios I. Zekos

Investigates the differences in protocols between arbitral tribunals and courts, with particular emphasis on US, Greek and English law. Gives examples of each country and…

Abstract

Investigates the differences in protocols between arbitral tribunals and courts, with particular emphasis on US, Greek and English law. Gives examples of each country and its way of using the law in specific circumstances, and shows the variations therein. Sums up that arbitration is much the better way to gok as it avoids delays and expenses, plus the vexation/frustration of normal litigation. Concludes that the US and Greek constitutions and common law tradition in England appear to allow involved parties to choose their own judge, who can thus be an arbitrator. Discusses e‐commerce and speculates on this for the future.

Details

Managerial Law, vol. 46 no. 2/3
Type: Research Article
ISSN: 0309-0558

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Article
Publication date: 1 February 1998

Philip Summe and Kimberly A. McCoy

Throughout the history of commerce, individuals have searched for informational advantages that will lead to their enrichment. In a time of global capital markets, 24…

Abstract

Throughout the history of commerce, individuals have searched for informational advantages that will lead to their enrichment. In a time of global capital markets, 24 hours a day trading opportunities, and a professional services corps of market experts, informational advantages are pursued by virtually every market participant. This paper examines one of the most vilified informational advantages in modern capital markets: insider trading. In the USA during the 1980s, insider trading scandals occupied the front pages of not only the trade papers, but also quotidian tabloids. Assailed for its unfairness and characterised by some as thievery, insider trading incidents increased calls for stricter regulation of the marketplace and its participants. In the aftermath of the spectacular insider trading litigation in the USA in the late 1980s, many foreign states began to re‐evaluate the effectiveness of their own regulatory structures. In large part, this reassessment was not the produce of domestic demand, but constituted a response to American agitation for increased regulation of insider trading.

Details

Journal of Financial Crime, vol. 5 no. 4
Type: Research Article
ISSN: 1359-0790

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Article
Publication date: 13 November 2017

Zeina Ahmad and Bashar H. Malkawi

The World Trade Organization (WTO) is one of the best dispute settlement mechanisms in the world. Under WTO rules, aggrieved parties must establish a “prima facie” case…

Abstract

Purpose

The World Trade Organization (WTO) is one of the best dispute settlement mechanisms in the world. Under WTO rules, aggrieved parties must establish a “prima facie” case before the panel can call on the offending party to respond to the claims. The objective of the present study is to critically evaluate the application of the concept of burden of proof under WTO dispute settlement mechanism.

Design/methodology/approach

The paper examines the rule of “prima facie” in WTO jurisprudence. To do so, the first part will focus on the development of dispute settlement within WTO. The second part is divided into several subsections that will focus on the burden of proof concept, burden of proof in common law, burden of proof in civil law and the prima facie standard.

Findings

The DSU does not explicitly regulate how to allocate the burden of proof, but panels and the AB needed to address that issue early in their history. Despite this, all aggrieved parties to establish a prima facie case before the case can become the subject of a panel hearing. There is a need to adopt a burden of proof standard that assesses evidence on the basis of preponderance of the available evidence rather than on the basis of a party’s failure to adduce evidence to back up or dispute a claim.

Originality/value

The paper is an attempt to address an important issue on the presentation of evidence and proof in international litigation, i.e. WTO.

Details

International Journal of Law and Management, vol. 59 no. 6
Type: Research Article
ISSN: 1754-243X

Keywords

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