Indiana Journal of Global Legal Studies最新文献_第10页

The Globalization of United States Debt: The Real Impact of China's Rise as a Creditor State 美国债务全球化：中国崛起债权国的现实影响

Indiana Journal of Global Legal Studies Pub Date : 2018-06-12 DOI: 10.2979/INDJGLOLEGSTU.25.1.0495

Michael R. Myers

{"title":"The Globalization of United States Debt: The Real Impact of China's Rise as a Creditor State","authors":"Michael R. Myers","doi":"10.2979/INDJGLOLEGSTU.25.1.0495","DOIUrl":"https://doi.org/10.2979/INDJGLOLEGSTU.25.1.0495","url":null,"abstract":"Abstract:In this Note, I seek to answer a simple question: By owning a large quantity of United States debt, can a foreign country influence United States policies at home or abroad? To answer, I apply scholarship in financial leverage theory to China—the largest foreign holder of U.S. debt. As a result, I find no plausible threat of China using financial leverage against the United States.Instead, I argue that the true impact of China's rise as a creditor state has been its ability to fundamentally undervalue its currency by investing in the sovereign debt of foreign nations. Such monetary policies run contrary to China's obligations with the International Monetary Fund and expose the need for a more effective international enforcement mechanism for intentional currency devaluations. While the World Trade Organization's Dispute Settlement Board may provide an alternative solution, I believe China's emergence as a trading power will insulate it from international punishment.In the end, I look to the market, or \"global invisible hand\" for solace. I argue that over the long term the global market will act as a regulator and will rein in China's currency policies as the country liberalizes its markets and begins to shift away from a traditional export-driven economy.","PeriodicalId":39188,"journal":{"name":"Indiana Journal of Global Legal Studies","volume":"25 1","pages":"495 - 511"},"PeriodicalIF":0.0,"publicationDate":"2018-06-12","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"49167418","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}

引用次数: 0

Policing Corruption Post-and Pre-Crime: Collective Action and Private Authority in the Maritime Industry 犯罪后和犯罪前的腐败监管:海运业的集体行动和私人权力

Indiana Journal of Global Legal Studies Pub Date : 2018-06-12 DOI: 10.2979/INDJGLOLEGSTU.25.1.0131

H. Hansen

{"title":"Policing Corruption Post-and Pre-Crime: Collective Action and Private Authority in the Maritime Industry","authors":"H. Hansen","doi":"10.2979/INDJGLOLEGSTU.25.1.0131","DOIUrl":"https://doi.org/10.2979/INDJGLOLEGSTU.25.1.0131","url":null,"abstract":"Abstract:How are we to understand the proliferating attempts amongst transnational corporations (TNCs) at collectively reducing the risk of corruption in business operations and interactions with state officials around the world? How are these endeavors linked to transformations of public and private authority in the global political economy? Premised on the observation that corruption is globalized and the growing efforts at tackling it equally so, this article draws on the literatures on private authority, governmentality, and criminological studies to explore anticorruption in terms of pre-crime and post-crime policing. The case of the maritime industry is analyzed, including the ways in which corruption is policed post-crime by governments and pre-crime by a collective action initiative, the Maritime Anti-Corruption Network (MACN). The paper finally discusses how the incipient collective policing of corruption undertaken by corporations nowadays intersects with changes in the organization of public and private authority. Corporate policing of corruption does not imply a simple shift from public toward private authority, but rather a growing emphasis on pre-crime interventions in a largely disaggregated, polycentric, and liquid global governance set-up, with corporations and their collective action initiatives emphasizing anticipatory logics and attempts at forestalling corruption.","PeriodicalId":39188,"journal":{"name":"Indiana Journal of Global Legal Studies","volume":"25 1","pages":"131 - 156"},"PeriodicalIF":0.0,"publicationDate":"2018-06-12","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48224620","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}

引用次数: 7

"Dignity in Living and in Dying": The Henry H. H. Remak Memorial Lecture “生与死的尊严”:亨利·h·h·雷马克纪念讲座

Indiana Journal of Global Legal Studies Pub Date : 2018-06-12 DOI: 10.2979/INDJGLOLEGSTU.25.1.0413

Emeritus George P. Smith

{"title":"\"Dignity in Living and in Dying\": The Henry H. H. Remak Memorial Lecture","authors":"Emeritus George P. Smith","doi":"10.2979/INDJGLOLEGSTU.25.1.0413","DOIUrl":"https://doi.org/10.2979/INDJGLOLEGSTU.25.1.0413","url":null,"abstract":"Although no express right to die with dignity is found in definitive instruments on human rights, the Charter of the United Nations nonetheless addresses the need to protect and safeguard the essential dignity and worth of the human person during life and, arguably, also at death. Indeed, the United Nations has taken an active role in codifying a mandate to ensure human dignity be given and observed within various contexts of International Law. A powerful interface exists between human dignity and the right to life; for, many of the claims to a right to die with dignity actually reaffirm a more general commitment to a shared life of loving and of being set within the framework of living a full life in dignity. Since the conclusion of World War II, a number of European constitutions, in particular, acknowledge presently dignity as a first principle, a constitutional value, a normative standard for policy making, a constitutional right or even an absolute right . The current debate over the issue of dignitary status is broadened contextually when notions of death with dignity are introduced and examined. This Article probes the efficacy of the present conflicts arising from this extended debate and concludes that the very right to self determination, dignity, and to life itself, should be acknowledged and respected especially at its end-stage. Clear evidence of this progressiveness is to be found, domestically, in the United States by state legislative actions which allow pharmacologic assistance at death for terminally ill individuals. These actions may be seen, and applauded, as a nascent response to similar global actions allowed, notably, in The Netherlands, Belgium, and Switzerland. Judicial responses to this matter, however, remain guarded and indecisive.","PeriodicalId":39188,"journal":{"name":"Indiana Journal of Global Legal Studies","volume":"25 1","pages":"413 - 438"},"PeriodicalIF":0.0,"publicationDate":"2018-06-12","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"49060822","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}

引用次数: 2

After the European Commission Ordered Apple to Pay Back Taxes to Ireland: Ireland's Future in the New Global Tax Environment 在欧盟委员会命令苹果向爱尔兰补缴税款后:爱尔兰在新的全球税收环境中的未来

Indiana Journal of Global Legal Studies Pub Date : 2018-06-12 DOI: 10.2979/INDJGLOLEGSTU.25.1.0539

Boyu Wang

{"title":"After the European Commission Ordered Apple to Pay Back Taxes to Ireland: Ireland's Future in the New Global Tax Environment","authors":"Boyu Wang","doi":"10.2979/INDJGLOLEGSTU.25.1.0539","DOIUrl":"https://doi.org/10.2979/INDJGLOLEGSTU.25.1.0539","url":null,"abstract":"Abstract:On August 30, 2016, the European Commission ordered Ireland to collect $14.5 billion plus interest in unpaid taxes between 2003 and 2014 from Apple Inc. The European Union suggested that Ireland made \"sweetheart deals\" with Apple in exchange for bringing more jobs into the country and concluded that these deals constituted illegal tax benefits, contrary to the European Union's prohibitions against \"state aid.\"Profit shifting and transfer pricing manipulation dominate the analysis of the corporate tax structure in Ireland and its position in the context of global tax policy. This note explains the European Commission's Apple decision and analyzes how this decision will affect Ireland's international relations and its law reform, so that Ireland could comply with the European Union and international tax law.The European Commission's Apple decision helped the United States, the European Union, and Ireland start a conversation on how to work together to regulate tax evasion on a global scale. I conclude that tax system reforms on an international scale will happen in the future to combat \"illegal deals\" between multinational companies and specific countries.","PeriodicalId":39188,"journal":{"name":"Indiana Journal of Global Legal Studies","volume":"25 1","pages":"539 - 564"},"PeriodicalIF":0.0,"publicationDate":"2018-06-12","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48220823","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}

引用次数: 1

The Politics of Legal Arrangements: The "Duty of Care," Justifying, Extending, and Perpetuating the Public-in-the-Private Forms of Protection 法律安排的政治性：“注意义务”，在私人形式的保护中证明、扩大和保护公众

Indiana Journal of Global Legal Studies Pub Date : 2018-06-12 DOI: 10.2979/INDJGLOLEGSTU.25.1.0265

Anna Leander

引用次数: 4

The Public and Its Problems: How the EU's Capital Market Union Defines the Bounds of Legitimate Knowledge and Redraws the Boundaries of (Public) Authority 公众及其问题：欧盟资本市场联盟如何界定合法知识的边界和重新划定（公共）权力的边界

Indiana Journal of Global Legal Studies Pub Date : 2018-06-12 DOI: 10.2979/INDJGLOLEGSTU.25.1.0157

T. Walter, O. Kessler

{"title":"The Public and Its Problems: How the EU's Capital Market Union Defines the Bounds of Legitimate Knowledge and Redraws the Boundaries of (Public) Authority","authors":"T. Walter, O. Kessler","doi":"10.2979/INDJGLOLEGSTU.25.1.0157","DOIUrl":"https://doi.org/10.2979/INDJGLOLEGSTU.25.1.0157","url":null,"abstract":"Abstract:Recent years have seen increasing theoretical and practical attempts to come to terms with the strains on public authority at the level of transnational regulation and governance. For the most part, these have followed what could be called a strategy of transposition, seeking to install functional equivalents to familiar forms of nation-state or Westphalian public authority. While useful for some analytical purposes, the validity of this strategy depends on the nature of public authority remaining unchanged: the same 'function' is now fulfilled by somebody else. In this article, we argue, in contrast, that the very form of public authority has changed. We propose to rethink authority in line with current social-theoretical and sociological insights into the ways in which the public presupposes, and public authority depends on prior forms of social order and coordination. We complement our theoretical argument about the consequences of failing to account for these entanglements between knowledge, expertise, and public authority with a short case study of the European Union's recent project of constructing a Capital Market Union in the Eurozone.","PeriodicalId":39188,"journal":{"name":"Indiana Journal of Global Legal Studies","volume":"25 1","pages":"157 - 185"},"PeriodicalIF":0.0,"publicationDate":"2018-06-12","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"41968012","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}

引用次数: 2

Efficiency or Power? The Rise of the Shareholder-oriented Joint Stock Corporation 效率还是动力？股东制股份公司的兴起

Indiana Journal of Global Legal Studies Pub Date : 2018-06-12 DOI: 10.2979/INDJGLOLEGSTU.25.1.0291

P. Ireland

引用次数: 9

The Japanese Impact on Global Drone Policy and Law: Why a Laggard United States and Other Nations Should Look to Japan in the Context of Drone Usage 日本对全球无人机政策和法律的影响:为什么落后的美国和其他国家应该在无人机使用的背景下关注日本

Indiana Journal of Global Legal Studies Pub Date : 2018-06-12 DOI: 10.2979/INDJGLOLEGSTU.25.1.0513

K. Sheets

{"title":"The Japanese Impact on Global Drone Policy and Law: Why a Laggard United States and Other Nations Should Look to Japan in the Context of Drone Usage","authors":"K. Sheets","doi":"10.2979/INDJGLOLEGSTU.25.1.0513","DOIUrl":"https://doi.org/10.2979/INDJGLOLEGSTU.25.1.0513","url":null,"abstract":"Abstract:The global Unmanned Aircraft System, or unmanned aerial systems (UAS) revolution is poised to have an impact across a broad range of industries from agriculture to filmmaking. The United States has taken a difficult and slower path to implementing UAS policy, with Congress essentially mandating the Federal Aviation Administration (FAA) to take action in 2015. The FAA's 624-page rulebook marks the first attempt of any comprehensive plan to regulate remote-controlled and commercial aircraft activity. Across the globe, Japan, a country with a proven track record in electronics and technology, is outpacing other countries in devising regulations that will increase UAS use to benefit the nation's citizens. This paper argues that Japan's historical experience with unmanned aviation vehicles (UAVS), beginning mainly in the 1980s in the agricultural sector, allowed the Japanese government to coalesce more quickly in revising their civil aviation law than most developed countries. This note examines Japan's influence on UAS policy with the formation of regulations and adoption of new technology. More specifically, it looks at the United States as a case study as evidence of Japan's influence on other developed nations.","PeriodicalId":39188,"journal":{"name":"Indiana Journal of Global Legal Studies","volume":"25 1","pages":"513 - 537"},"PeriodicalIF":0.0,"publicationDate":"2018-06-12","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46089244","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}

引用次数: 8

Private International Law's Shadow Contribution to the Question of Informal Transnational Authority 国际私法对非正式跨国权力问题的影子贡献

Indiana Journal of Global Legal Studies Pub Date : 2018-06-12 DOI: 10.2979/INDJGLOLEGSTU.25.1.0037

H. Watt

引用次数: 1

Lawyers in Africa: Brokers of the State, Intermediaries of Globalization: A Case Study of the "Africa" Bar in Paris 非洲律师：国家的中间人，全球化的中间人——以巴黎“非洲”律师协会为例

Indiana Journal of Global Legal Studies Pub Date : 2018-06-01 DOI: 10.2979/INDJGLOLEGSTU.25.2.0639

Sara Dezalay

{"title":"Lawyers in Africa: Brokers of the State, Intermediaries of Globalization: A Case Study of the \"Africa\" Bar in Paris","authors":"Sara Dezalay","doi":"10.2979/INDJGLOLEGSTU.25.2.0639","DOIUrl":"https://doi.org/10.2979/INDJGLOLEGSTU.25.2.0639","url":null,"abstract":"Abstract:Africa is the \"Global Economy's Last Frontier\"! Images of the African continent as a boon of mineral riches, and a new legal Far West pervade media and scholarly accounts. Yet, these images tend to reflect the protracted political and development dependency of African states, with lawyers involved in corporate dealings on the continent either denounced as mercenaries at the service of neo-colonial \"looting\" or idealized as missionaries of the rule of law. This article suggests a research strategy that moves away from these ideological and political accounts. It uses lawyers' trajectories and professional strategies as an entry-point to reglobalize the longue durée of the unequal and uneven connections between Africa and the world. The \"Africa\" Bar in Paris—the empirical focus of this article—emerges as a microcosm of such interconnected and enduring histories of globalization. Offshore, yet connected, this Bar is a \"cross-roads\" space across politics and economics, shaped by the legacies of the ties between Paris, the metropole, and its former African colonies, and ongoing waves of corporate legal globalization from the U.S. toward Europe and most recently the African continent.","PeriodicalId":39188,"journal":{"name":"Indiana Journal of Global Legal Studies","volume":"25 1","pages":"639 - 669"},"PeriodicalIF":0.0,"publicationDate":"2018-06-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45484217","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}

引用次数: 1