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661 full-text articles. Page 6 of 17.

Renegotiating Investment Contracts: The Case Of Mining Contracts In Democratic Republic Of The Congo, Lukanda F. Kapwadi 2014 University of Pretoria, Centre for Human Rights, International Development Law Unit

Renegotiating Investment Contracts: The Case Of Mining Contracts In Democratic Republic Of The Congo, Lukanda F. Kapwadi

Francky Lukanda

This article examines the issue of renegotiating an existing investment contract which does not provide for renegotiation clause. A prevailing theory in this respect asserts that a claim for renegotiating an existing agreement which contains no renegotiation clause should be disregarded as it amounts to an undue interference. This article addresses the question whether a contract concluded with unelected government or leaders of military factions in contravention to prevalent laws should escape revision. In particular, it assesses the rules and principles pertaining to renegotiation of an existing agreement against the Congolese process of renegotiation which involved over sixty mining contracts.


An Argument For Ratification: Some Basic Principles Of The 1994 Inter-American Convention On The Law Applicable To International Contracts, Justin P. Fletcher 2014 Supreme Court of England and Wales

An Argument For Ratification: Some Basic Principles Of The 1994 Inter-American Convention On The Law Applicable To International Contracts, Justin P. Fletcher

Georgia Journal of International & Comparative Law

No abstract provided.


Agency Costs And The False Claims Act, David Farber 2014 Fordham University School of Law

Agency Costs And The False Claims Act, David Farber

Fordham Law Review

The False Claims Act represents the U.S. Justice Department’s most effective tool in detecting, punishing, and deterring fraud against the government. The effectiveness of the False Claims Act is due in large part to the law’s qui tam provisions, which provide a private right of action to whistleblowers who may sue fraudsters on behalf of the government in exchange for a percentage of the recovery. The resulting relationship between the government and whistleblowers has led to increased detection and recoveries from corporate defendants who defraud and abuse government programs.
However, these whistleblower provisions also come with social ...


Reconstructing Iraq: An Analysis Of, And Proposed Solutions To, The Financing Challenges Facing Iraqi Small And Mid-Sized Businesses, Timothy B. Mills 2014 Patton Boggs LLP

Reconstructing Iraq: An Analysis Of, And Proposed Solutions To, The Financing Challenges Facing Iraqi Small And Mid-Sized Businesses, Timothy B. Mills

Georgia Journal of International & Comparative Law

No abstract provided.


The European Union, State-Sponsored Gambling, And Private Gambling Services: Time For Harmonization?, Matthew W. Mauldin 2014 University of Georgia School of Law

The European Union, State-Sponsored Gambling, And Private Gambling Services: Time For Harmonization?, Matthew W. Mauldin

Georgia Journal of International & Comparative Law

No abstract provided.


Rethinking The Role And Regulation Of Private Military Companies: What The United States And United Kingdom Can Learn From Shared Experiences In The War On Terror, A. Grayson Irvin 2014 University of Georgia School of Law

Rethinking The Role And Regulation Of Private Military Companies: What The United States And United Kingdom Can Learn From Shared Experiences In The War On Terror, A. Grayson Irvin

Georgia Journal of International & Comparative Law

No abstract provided.


Turning Off The Tap On Thailand's Graft Pipeline: Renewed Emphasis On Mega-Projects And Counter-Corruption Needs Renewed Emphasis On Public Procurement Law, Daniel J. Mitterhoff 2014 China-Mekong Law Center

Turning Off The Tap On Thailand's Graft Pipeline: Renewed Emphasis On Mega-Projects And Counter-Corruption Needs Renewed Emphasis On Public Procurement Law, Daniel J. Mitterhoff

Daniel Mitterhoff

This commentary uses the Thai government's simultaneous emphases on implementing large scale infrastructure projects and controlling corruption to advocate that the Thai government needs to engage in fundamental public procurement law reforms; reforms that have been neglected for far too long.


Regulatory Institutions Of The Global South: Why Are They Different And What Can Be Done About It?, Yugank Goyal 2014 Jindal Global Law School

Regulatory Institutions Of The Global South: Why Are They Different And What Can Be Done About It?, Yugank Goyal

Yugank Goyal

Developing countries suffer from underperforming regulatory agencies compared to those in the developed world. The paper attempts to theorize general reasons behind such divergence. It argues that the differences lie in developing countries’ (a) higher priorities for redistribution, (b) structurally different institutional endowments, especially at informal level, and (c) limited informational channels. The paper proposes that a multi-stakeholder (with increased emphasis on judiciary and civil society) approach has potential to address the shortcomings. It tests these claims through studying cases of telecom and electricity regulation in India.


Drawing The Line: Board Of Contract Appeals' Jurisdiction To Make Determinations Of Fraud, Benjamin Williams 2014 The Catholic University of America, Columbus School of Law

Drawing The Line: Board Of Contract Appeals' Jurisdiction To Make Determinations Of Fraud, Benjamin Williams

Catholic University Law Review

No abstract provided.


Internacionalización Y Duplicidad De La Solución De Controversias De Contratos De Obra Concesiones Y Asociaciones Público-Privadas, Jancarlos Jair Vega Lugo 2014 Universidad Nacional Mayor de San Marcos

Internacionalización Y Duplicidad De La Solución De Controversias De Contratos De Obra Concesiones Y Asociaciones Público-Privadas, Jancarlos Jair Vega Lugo

Jancarlos Jair Vega Lugo

No abstract provided.


Qualified Immunity: Discretionary Function, Extraordinary Circumstances, And Other Nuances, Karen M. Blum 2014 Touro College Jacob D. Fuchsberg Law Center

Qualified Immunity: Discretionary Function, Extraordinary Circumstances, And Other Nuances, Karen M. Blum

Touro Law Review

No abstract provided.


The Military-Environmental Complex, Sarah E. Light 2014 The Wharton School, University of Pennsylvania

The Military-Environmental Complex, Sarah E. Light

Boston College Law Review

Two competing theories vie for dominance regarding the relationship between the U.S. military and the natural environment. On the one hand, because legal rules permit the military to disregard environmental laws when they conflict with the military’s national security mission, one might be left with the impression that the military always stands opposed to environmental protection. Yet the military is currently engaged in an extensive undertaking to improve its sustainable energy use by reducing demand and developing renewables in its multiple roles as a war fighter, a landlord, a first user of pre-commercial technologies, and a potential high-demand ...


Rescuing The False Claims Act's "Golden Mean": Keeping Parasitic Profits Out Of The Whistleblower's Pot Of Gold, Benjamin R. Kwan 2014 University of St. Thomas, Minnesota

Rescuing The False Claims Act's "Golden Mean": Keeping Parasitic Profits Out Of The Whistleblower's Pot Of Gold, Benjamin R. Kwan

University of St. Thomas Law Journal

No abstract provided.


Judicial Influence And The United States Federal District Courts: A Case Study, Justin R. Hickerson 2014 University of Tennessee - Knoxville

Judicial Influence And The United States Federal District Courts: A Case Study, Justin R. Hickerson

Chancellor’s Honors Program Projects

No abstract provided.


Preserving Home Rule: The Text, Purpose, And Political Theory Of California’S Municipal Affairs Clause, Brett A. Stroud 2014 Pepperdine University

Preserving Home Rule: The Text, Purpose, And Political Theory Of California’S Municipal Affairs Clause, Brett A. Stroud

Pepperdine Law Review

No abstract provided.


Ensuring Contractor Accountability Overseas: A Civilian Extraterritorial Jurisdiction Act Would Be Preferable To Expansion Of The False Claims Act, Rachel M. Kelly 2014 College of William & Mary Law School

Ensuring Contractor Accountability Overseas: A Civilian Extraterritorial Jurisdiction Act Would Be Preferable To Expansion Of The False Claims Act, Rachel M. Kelly

William & Mary Business Law Review

This Note considers the advisability of amending the False Claims Act’s qui tam provisions beyond instances of fraud to include criminal allegations against government contractors employed overseas. It considers the negative effects that result from qui tam actions in the fraud context and discusses alternatives for holding contractors accountable for crimes committed overseas that could avoid those negative effects. This Note particularly focuses on and recommends a civilian corollary to the Military Extraterritorial Jurisdiction Act—the Civilian Extraterritorial Jurisdiction Act. It discusses the benefits that the Civilian Extraterritorial Jurisdiction Act would provide such as increased judicial efficiency, increased prosecutorial ...


Government Procurement Law Perspectives: Spring 2014, Government Procurement Law Program 2014 George Washington University

Government Procurement Law Perspectives: Spring 2014, Government Procurement Law Program

Government Procurement Law Perspectives

No abstract provided.


Let Educators Educate, Let Builders Build: Making A Case For School Facility Privatization, John Pizzo 2014 SelectedWorks

Let Educators Educate, Let Builders Build: Making A Case For School Facility Privatization, John Pizzo

John Pizzo

No abstract provided.


Public School Governance And Cyber Security: School Districts Provide Easy Targets For Cyber Thieves, michael a. alao 2014 Northern Kentucky University - Chase College of Law

Public School Governance And Cyber Security: School Districts Provide Easy Targets For Cyber Thieves, Michael A. Alao

Michael A. Alao

School districts rely on information systems to a similar extent as private, business organizations, yet the rules and regulations to ensure that school districts maintain adequate security to prevent data breaches and theft have failed to keep pace with private-sector developments. Advances in the private sector include notice-of-breach laws, consumer protection laws limiting individual liability for fraudulent electronic funds transfers, and auditing and reporting of internal controls. The public sector, including school districts, has also made advances in cyber security rules and regulations, but to a more limited extent than the private sector. Because of the sheer number of public ...


Slides: “Human Sustainability” In Natural Resources Industries: The New Frontier In Compliance, Social Responsibility, Disclosure, And Transparency, T. Marcus Funk 2014 University of Colorado Law School

Slides: “Human Sustainability” In Natural Resources Industries: The New Frontier In Compliance, Social Responsibility, Disclosure, And Transparency, T. Marcus Funk

Natural Resource Industries and the Sustainability Challenge (Martz Winter Symposium, February 27-28)

Presenter: T. Markus Funk, Partner, Perkins Coie

21 slides


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