Global Health Research Center of Central Asia
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Corruption and the 2018 Mexico Election
Get PDFThe 2018 Mexican election was the largest in the country’s history, with more than 3,400 legislative seats open nationwide in addition to the presidency. The election, held on July 1, 2018, presented voters an opportunity to voice their frustration with the ongoing corruption scandals in Mexico’s government
Climate Change and Human Trafficking After the Paris Agreement
Get PDFAt least 21 million people globally are victims of human trafficking, typically involving either sexual exploitation or forced labor. This form of modern-day slavery tends to increase after natural disasters or conflicts where large numbers of people are displaced from their homes and become highly vulnerable. In the decades to come, climate change will very likely lead to a large increase in the number of people who are displaced and thus vulnerable to trafficking. The Paris Climate Agreement of 2015 established objectives to limit global temperature increases, but the voluntary pledges made by nearly every country fall far short of what is needed to meet these objectives. Several international agreements and domestic laws are aimed at combating human trafficking, but it is highly uncertain whether they will be adequate to cope with the scale of the problem that is likely to occur as a result of climate change
All Quiet in the Western (European Football) Front: Regulation of Football in the European Continent
Get PDFRegulation of football in Europe is, absent some piecemeal interventions (like sharing of TV rights) largely non-existent. This is the case, because the de facto regulator (UEFA, Union Européenne of Football Associations) has no mandate to comprehensively address on its own competitive balance, the focal point of football, and, in more general terms, sports regulation. Various aspects of competitive balance are part and parcel of antitrust law. European Union (EU) law thus, comes into the frame, since this is the body of law regulating antitrust in the European continent. The European Union, nevertheless, has no mandate to regulate football comprehensively, even though it has the power to issue (non-sports specific) law (including competition law), which affects football, and UEFA must observe it. As a result, UEFA wants to but cannot regulate the hard core of sports regulation, whereas the European Union as is, cannot do much, and it is at best doubtful that it wants to anyway. Under the circumstances, because of the legislative conundrum, the “regulatory stalemate” we observe is probably the equilibrium point
Introduction: Does Labour Law Need Philosophical Foundations?
Get PDFThis chapter examines the relationship between labour law and its philosophical foundations. It suggests that it is essential to stand back from political compromises, which are often the subject of labour law scholarship, to consider the key attributes of the subject and its foundational goals and principles. It proposes that we need a normative account of labour law in order to assess its shortcomings and propose reforms, but also that the most important reasons for pursuing a philosophical agenda concern the continuing existence of the subject of labour law and the paradigm around which it is built. Having made the case for the importance of examining philosophical foundations, the chapter considers methodological challenges in using political theory. We finally turn to some central values that underlie labour law and which constitute the themes of this book — freedom, dignity, and human rights; distributive justice and exploitation; workplace democracy and self-determination; social inclusion — and summarise the chapters of the book
Community-Investor Negotiation Guide 2: Negotiating Contracts with Investors
Get PDFDeciding whether or not to allow an investor to use community lands and natural resources is one of the most important decisions a community can make. If an investment project is carried out in a respectful and inclusive way, it may help community members to achieve their development goals, which may include creating jobs and local economic opportunities. But investments come with risks. Investment projects may make the land that community members need for farming and other livelihood activities unavailable for some time. They may pollute local rivers, lakes, air, and soils, or block access to sacred areas or water sources. Investment projects may even violate community members’ human rights, or result in communities completely losing their lands.
Given these challenges, CCSI partnered with Namati, a legal empowerment organization, to produce two guides aimed at supporting communities and their advisors in their interactions with land-based investors.
This Guide (Guide 2) provides practical guidance on the issues to consider when a community has decided to negotiate a contract with an investor. Using example clauses, and guidance boxes for community discussion and seeking legal advice, it describes all of the various sections and clauses that should be in a contract, advises what protective language to try to include in the contract to make it enforceable, and warns against types of problematic contractual language that should be avoided.
An earlier guide, Guide 1, sets out practical guidance to help communities and their advisors to prepare both before potential investors arrive, and after an investor has approached a community. It covers topics and activities such as visioning a community’s desired future, understanding how valuable the land is for the community, and ensuring the inclusion of all voices within community decision-making, as well as pointers on meaningful consultation, information access, and knowing the community’s rights.
The guides are designed to apply to agriculture and forestry projects, although may have some applicability to agreements reached in other contexts, such as around mining or renewable energy projects
United States Response to Questionnaire Concerning \u3cem\u3eCopyright in Action: International Perspectives on Remedies\u3c/em\u3e
Get PDFALAI-USA is the U.S. branch of ALAI (Association Littèraire et Artistique Internationale). ALAI-USA was started in the 1980\u27s by the late Professor Melville B. Nimmer, and was later expanded by Professor John M. Kernochan
New Report Details Consequences of Trump Administration’s Overly Broad Guidance on Religious Liberty
Get PDFApril 3, 2018, Washington, D.C. – Obama-era rules prohibiting discrimination in dozens of federal programs could be undermined by the Trump administration’s controversial guidance on religious liberty, according to a new report from the Center for American Progress and Columbia Law School’s Public Rights/Private Conscience Project
Greater Expectations: Strategies for Effective Board Meeting Preparation
Get PDFDirectors face an increasingly complex environment in which their businesses operate. That complexity can present opportunities for corporations that adapt, and also places new pressures on boards to respond effectively. One strategy for directors to consider is to adapt their approaches to preparing for board meetings by focusing not just on company specific reporting and decisions, but also by acting as the “eyes and ears” for management on key issues for the company. This article makes practical suggestions for directors to consider as they approach their board meeting preparation with this broader view in mind
From Corporate Law to Corporate Governance
Get PDFIn the 1960s and 1970s, corporate law and finance scholars gave up on their traditional approaches. Corporate law had become “towering skyscrapers of rusted girders, internally welded together and containing nothing but wind.” In finance, the theory of the firm was recognized as an “empty box.” This essay tracks how corporate law was reborn as corporate governance through three examples of how we have usefully complicated the inquiry into corporate behavior. Part I frames the first complication, defining governance broadly as the company’s operating system, a braided framework of legal and non-legal elements. Part II adds a second complication by making the inquiry dynamic: corporate governance as a path dependent process that co-evolves with the elements of the broader capitalist regime. Part III considers unsuccessful efforts to simplify rather than complicate corporate governance analysis through static single factor models: stakeholder, team production, director primacy, and shareholder primacy. Part IV concludes by highlighting the tradeoff between a governance system’s capacity to adapt to change and its ability to support long-term investment
Fiscal Pressures and Discriminatory Policing: Evidence from Traffic Stops in Missouri
Get PDFThis paper provides evidence of racial variation in traffic enforcement responses to local government budget stress using data from policing agencies in the state of Missouri from 2001 through 2012. Like previous studies, we find that local budget stress is associated with higher citation rates; we also find an increase in traffic-stop arrest rates. However, we find that these effects are concentrated among White (rather than Black or Latino) drivers. The results are robust to the inclusion of a range of covariates and a variety of model specifications, including a regression discontinuity examining bare budget shortfalls. Considering potential mechanisms, we find that targeting of White drivers is higher where the White-to-Black income ratio is higher, consistent with the targeting of drivers who are better able to pay fines. Further, the relative effect on White drivers is higher in areas with statistical over-policing of Black drivers: when Black drivers are already getting too many fines, police cite White drivers from whom they are presumably more likely to be able to raise the needed extra revenue. These results highlight the relationship between policing-as-taxation and racial inequality in policing outcomes