SRPN: Legal Issues (Topic)最新文献

{"title":"Sustainable Development and the Role of Indian Supreme Court in It’s Realization","authors":"V. Oak","doi":"10.2139/ssrn.2374661","DOIUrl":"https://doi.org/10.2139/ssrn.2374661","url":null,"abstract":"In recent years the large scale urbanization, industrialization and associated environmental alteration and its impact on biodiversity pose a threat to human existence and hence there is a need to pursue industrial development with a sense of responsibility. It is possible through sustainable development. Sustainable development postulates balance between environmental and developmental concerns. The Indian Supreme Court has been proactive in importing sustainable development principles from international environmental law into the Indian law through different judicial tools and strategies. This paper analyzes the concept of sustainable development and contribution of Indian Supreme Court in establishing the norms of sustainability for the government and the development proponents.","PeriodicalId":202713,"journal":{"name":"SRPN: Legal Issues (Topic)","volume":"159 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2014-01-04","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"115297010","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Optimal Asset Allocation for Sovereign Wealth Funds: Theory and Practice","authors":"Z. Bodie, M. Brière","doi":"10.2139/ssrn.2344747","DOIUrl":"https://doi.org/10.2139/ssrn.2344747","url":null,"abstract":"This paper addresses management of sovereign wealth from the perspective of the theory of contingent claims. Starting with the sovereign's balance sheet, we frame sovereign fund management as an asset-liability management (ALM) problem, covering all public entities and taking explicit account of all sources of risks affecting government resources and expenditures. Real-life SWFs asset allocations differ strongly from theoretical ones. Financial management of the sovereign balance sheet is hampered by a lack of aggregate data, which compromises the coordination of sovereign wealth management with fiscal policy, monetary policy and public debt management. In this framework, we suggest institutional arrangements that could overcome this obstacle and enable efficient coordination.","PeriodicalId":202713,"journal":{"name":"SRPN: Legal Issues (Topic)","volume":"14 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2013-10-24","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"125725647","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Do Social Rights Affect Social Outcomes?","authors":"C. Bjørnskov, Jacob Mchangama","doi":"10.2139/ssrn.2323539","DOIUrl":"https://doi.org/10.2139/ssrn.2323539","url":null,"abstract":"While the United Nations and NGOs are pushing for global judicialization of economic, social and cultural rights (ESCRs), little is known of their consequences. We provide evidence of the effects of introducing three types of ESCRs into the constitution: the rights to education, health and social security. Employing a large panel covering annual data from 160 countries in the period 1960-2010, we find no robust evidence of positive effects of ESCRs. We do, however, document adverse medium-term effects on education and inflation.","PeriodicalId":202713,"journal":{"name":"SRPN: Legal Issues (Topic)","volume":"109 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2013-09-09","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"133816786","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Business Community and Authorities: Constitutional and Legal Forms of Relationship","authors":"S. Vasileva","doi":"10.2139/ssrn.2251829","DOIUrl":"https://doi.org/10.2139/ssrn.2251829","url":null,"abstract":"The author analyzes the different forms of relationships between businesses and bodies of state power in Russia: private and public partnership, the delegation of public powers and property, self-regulation, the transfer of government authority to the private organizations, self-regulation, and how public power is influenced including by specialists. The experience of foreign countries and the legal view on the social responsibility of business are provided. The political-legal traditions of the relationships between private organizations and bodies of state power are analyzed. This has predetermined the current legislation. The informal and relatively new mechanisms of protection of the rights of businesses are described","PeriodicalId":202713,"journal":{"name":"SRPN: Legal Issues (Topic)","volume":"55 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2013-04-16","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"132183379","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"The Innocent in the Just War Thinking of Vitoria and Suárez: A Challenge Even for Secular Just War Theorists and International Law","authors":"V. Medina","doi":"10.1111/raju.12002","DOIUrl":"https://doi.org/10.1111/raju.12002","url":null,"abstract":"Vitoria and Suarez defend the categorical immunity of the innocent not to be intentionally killed. But they allow for inflicting collective punishment on the innocent and the noninnocent alike during and after a just war. So they allow for deliberately harming them. Inflicting harm on the innocent can often result in their death. Hence, holding both claims seems incoherent. First, the objections against using the term “innocent” are explained. Second, their views on just war are explored. And third, by appealing to Aquinas' double‐effect reasoning, it is shown how they try to avoid the above‐mentioned incoherence. Still, their appeal might be insufficient to palliate the tension between the above‐mentioned claims. If just wars are possible, the deliberate harming of the innocent is reasonably unavoidable for defeating and punishing those who wage them. Hence, defenders of just wars, whether from a religious or a secular perspective, must live with such a tension.","PeriodicalId":202713,"journal":{"name":"SRPN: Legal Issues (Topic)","volume":"56 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2013-03-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"114835594","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Tackling Climate Change Through an International Poverty Law Regime","authors":"Kalpana S. Murari","doi":"10.2139/ssrn.2036254","DOIUrl":"https://doi.org/10.2139/ssrn.2036254","url":null,"abstract":"Discussions on 'equity' in Climate change talks cannot move forward without discussions on anti-poverty mechanisms. The linkage to climate change and poverty eradication can be found in implementation of adaptation rather than mitigation measures. This theory emanates from a compendium essays written in favor of establishing International Poverty Law regime which could lead to appropriate domestic legislation within nations.","PeriodicalId":202713,"journal":{"name":"SRPN: Legal Issues (Topic)","volume":"35 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2012-04-08","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"114383956","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Barriers to the Importation of Brazilian Ethanol Caused by the US Ethanol Policy and the Legality of the Policy Under WTO Law","authors":"Natasha Shamutete","doi":"10.2139/SSRN.2337114","DOIUrl":"https://doi.org/10.2139/SSRN.2337114","url":null,"abstract":"This essay argues that the US ethanol policy is a trade barrier on the importation of Brazilian ethanol. A particularly controversial aspect of the ethanol policy is the secondary tariff imposed on ethanol imports.The secondary tariff causes imported ethanol to be treated less favorably than domestic ethanol, resulting in a de facto violation of the national treatment principle. This is because the Volumetric Ethanol Excise Tax Credit (VEETC), a tax credit of $0.45 per gallon of ethanol blended, is available to US blenders of ethanol and gasoline, regardless of whether the ethanol is obtained from a domestic producer or a Brazilian producer. However, at the border, Brazilian imports are subjected to a secondary tariff of $0.54 (and an ad valorem duty at a rate of 2.5%). As a result, US blenders have an incentive to use US-produced ethanol over Brazilian ethanol, as the use of US ethanol means they receive a tax credit against excise taxes imposed on the sale or use of the gasoline-ethanol fuel blend. Conversely, although US blenders that import ethanol from Brazil also receive the $0.45 tax credit, the tax credit is offset by the secondary tariff. Furthermore, US blenders that import ethanol have to pay an additional $0.09 above the offset of the tax credit, making the secondary tariff \"punitive\". As such, the structure of the tax credit and secondary tariff compels US blenders to use domestically-produced ethanol as opposed to importing ethanol from Brazil.Thus, it is proposed that in order to remove trade barriers to Brazilian ethanol the US should amend its ethanol policy by eliminating the secondary tariff.","PeriodicalId":202713,"journal":{"name":"SRPN: Legal Issues (Topic)","volume":"10 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2011-05-05","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"128416606","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Contemporary Challenges of Security in the Indian Ocean Region","authors":"S. Agarwal","doi":"10.2139/ssrn.1874606","DOIUrl":"https://doi.org/10.2139/ssrn.1874606","url":null,"abstract":"Post-2008, the surge of maritime piracy in the Gulf of Aden highlights the growing non-traditional security threat in the Indian Ocean Region (IOR). Waters off the coast of Somalia has become an epicenter of the growing menace of piracy. These developments pose significant security threats to seaborne trade through the Gulf of Aden Sea Lines of Communications (SLOCs). In the wake of transnational nature of the contemporary security challenges in the IOR, it imperative for the international community to address the various issues in the IOR, through legal, diplomatic, military or any other appropriate measures, to ensure stability, safety and security in the IOR.","PeriodicalId":202713,"journal":{"name":"SRPN: Legal Issues (Topic)","volume":"81 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2010-09-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"128929328","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"An Elaborated Global Climate Policy Architecture: Specific Formulas and Emission Targets for All Countries in All Decades","authors":"J. Frankel","doi":"10.3386/W14876","DOIUrl":"https://doi.org/10.3386/W14876","url":null,"abstract":"The author would like especially to thank Valentina Bosetti of FEEM who produced, by means of the WITCH model, all the simulations of the effects of my formula-based proposals, thereby bringing hitherto- abstract ideas to life. This paper literally could not have been written without her. He would like to thank Joe Aldy and Robert Stavins of the Harvard Project on International Climate Agreements for encouraging and supporting this line of research. For comments and suggestions on the outcome he would like to thank Valentina Bosetti, John Deutch, Robert Keohane, Warwick McKibben, Oyebola Olabisi, Rob Stavins, Jonathan Weiner, and an anonymous reviewer. The author would further like to thank for partial support the Sustainability Science Program, funded by the Italian Ministry for Environment, Land and Sea, at the Center for International Development at Harvard University. Abstract This paper offers a detailed plan to set quantitative national limits on emissions of greenhouse gases, building on the foundation of the Kyoto Protocol. It attempts to fill in the most serious gaps: the absence of targets extending as far as 2100, the absence of participation by the United States and developing countries, and the absence of reason to think that countries will abide by commitments. The plan elaborates on the idea of a framework of formulas that can assign quantitative limits across countries, one budget period at a time. Unlike other proposals for century-long paths of emission targets that are based purely on science (concentration goals) or ethics (equal rights per capita) or economics (cost-benefit optimization), this plan is based partly on politics. Three political constraints are particularly important. (1) Developing countries are not asked to bear any cost in the early years. (2) Thereafter, they are not asked to make any sacrifice that is different in kind or degree than was made by those countries that went before them, with due allowance for differences in incomes. (3) No country is asked to accept an ex ante target that costs it more than, say, 1% of income in present value, or more than, say, 5% of income in any single budget period. They would not agree to ex ante targets that turned out to have such high costs, nor abide by them ex post. An announced target path that implies a future violation of these constraints will not be credible, and thus will not provide the necessary signals to firms today. The proposal is that (i) China and other developing countries are asked to accept targets at BAU in the coming budget period, the same in which the US first agrees to cuts below BAU; and (ii) all countries are asked to make further cuts in the future in accordance with a formula which sums up a Progressive Reductions Factor, a Latecomer Catch-up Factor, and a Gradual Equalization Factor. The paper tries out specific values for the parameters in the formulas (parameters that govern the extent of progressivity and equity, and the speed with which","PeriodicalId":202713,"journal":{"name":"SRPN: Legal Issues (Topic)","volume":"10 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2009-04-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"128824043","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"The Effect of Refugee Inflows on Host Communities: Evidence from Tanzania","authors":"J. Alix-Garcia, D. Saah","doi":"10.2139/ssrn.836147","DOIUrl":"https://doi.org/10.2139/ssrn.836147","url":null,"abstract":"Despite the large and growing number of humanitarian emergencies, there is little economic research on the impact of refugees and internally displaced people on the communities that receive them. This analysis of the impact of the refugee inflows from Burundi and Rwanda in 1993 and 1994 on host populations in western Tanzania shows large increases in the prices of nonaid food items and more modest price effects for aid-related food items. Food aid is shown to mitigate these effects, though its impact is smaller than that of the increases in the refugee population. Examination of household assets suggests positive wealth effects of refugee camps on nearby rural households and negative wealth effects on households in urban areas.","PeriodicalId":202713,"journal":{"name":"SRPN: Legal Issues (Topic)","volume":"461 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2008-05-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"127533542","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}