Law of the Future 2011
23 & 24 June 2011, Peace Palace, The Hague, The Netherlands
title:
Justice sector innovators: We better reward them!
By Maurits Barendrecht, Innovating Justice
www.lawofthefuture.org
The regulatory landscape on human rights compliance is changing. There are greater requirements for disclosure and companies having proper due diligence procedures in place. The UN Guiding Principles on business and human rights, although not a legal framework, is set to be a gamechanger.
The document summarizes a workshop on applying the UN Guiding Principles on Business and Human Rights (UNGPs) to combat human trafficking. It discusses how the UNGPs establish universal standards for companies to prevent human rights violations and ensure victims have access to remedies. It notes how various jurisdictions are implementing measures aligned with the UNGPs, and outlines how companies can operationalize the UNGPs by addressing risks, procedures, supply chains, training, and reporting.
Legal Tools for Worker Cooperatives and the Sharing EconomyRicardo Nuñez
Legal professionals, accountants, and community development organizations were invited to a two-day workshop on legal structures and strategies for cooperative development and sustainable local economies. This workshop had a special emphasis on worker cooperatives, freelancer-owned cooperatives, land trusts, and alternative capital structures.
On the first day, attendees learned about ownership and governance structures being used in the wake of the Great Recession to create a more inclusive economy, including land trusts and housing cooperatives, as well as new financing vehicles that leverage community capital.
The second day focused on worker cooperatives and freelancer-owned cooperatives, including entity structure, bylaws and operating agreements, ownership transitions to worker cooperatives, nonprofit incubation of worker cooperatives, employment law, tax structures and more.
Lawyers were offered 1 Ethics Credit and 5.5 Professional Practice Credits on Day 1 and 7 Professional Practice credits on Day 2 for the State of New York.
Presenters included:
Janelle Orsi, Executive Director of Sustainable Economies Law Center (SELC) and author of Practicing Law in the Sharing Economy: Helping People Build Cooperatives, Social Enterprise, and Local Sustainable Economies (ABA Books 2012).
Ted De Barbieri, Assistant Professor of Clinical Law at Brooklyn Law School
Camille Kerr, Director of Field Building at the Democracy at Work Institute (DAWI)
Ricardo Nunez, Cooperatives Program Director at SELC
The event was held Feb 4th and 5th, 2015 from 9am-5pm both days at Brooklyn Law School (205 State St.Brooklyn, NY 11201)
This document provides an overview of legal topics related to the CISSP certification exam. It begins with disclaimers that StaridLabs is not licensed to provide legal advice. It then defines key legal terms and describes major legal systems like common law, civil law, customary law, and religious law. For common law, it summarizes the three branches of criminal law, tort law, and administrative law. For civil law, it provides a brief history. It also discusses liability, due care/diligence, computer crimes, international cooperation, and intellectual property laws including patents, trademarks, and copyright. The document aims to explain major legal concepts and systems in a training context for the CISSP exam.
Business & Human Rights: An Introduction to the “Protect, Respect and Remedy...ICCO Cooperation
The document discusses the UN Framework for Business and Human Rights consisting of a "Protect, Respect and Remedy" model. It outlines the context and history of the framework, including past debates. It then describes the key components of the framework - the State's duty to protect human rights, the corporate responsibility to respect rights, and access to remedies. Finally, it discusses draft Guiding Principles to operationalize the framework and provides examples of how different actors have begun implementing it.
DeStefano, Lawyers Influencing Nonlawyers: Too Many Cooks in the Kitchen or S...Michele DeStefano
The U.S. legal profession is in need of innovation and innovation comes from open, collaborative, and diverse environments. Yet, the rules regulating the U.S. legal profession foster a closed environment, one that discourages nonlawyer influence on lawyers and alliances between legal and non-legal professionals. The Model Rules of Professional Conduct, the bar licensing requirements, the application of the work- product doctrine and attorney-client privilege, and even the way law firms structure themselves consistently impede an open multi-disciplinary approach. Instead, they favor a closed environment and/or an exclusive one-on-one relationship between attorneys and their clients. In some way or another, they support the notion that when lawyers work with nonlawyers, there are too many cooks in the kitchen.
In light of our growing understanding of other fields, it may be time to reexamine some of these rules and their underlying assumptions. First, they do not represent the way many U.S. lawyers actually practice. Second, in an economic downturn, where the line between what is business and what is law is anything but clear, such tactics may limit lawyers’ range of business opportunities. Instead of protecting lawyers’ economic futures, it may provide the impetus for nonlawyers, who want a piece of the lawyers’ pie, to innovate. Essentially, an environment that fosters input from nonlawyers is better than a closed one and the legal profession’s continued attachment to rules and structures that compel closed environments and severely restrict the influence of nonlawyers on lawyers (at least in the commercial context) may leave the U.S. legal profession woefully behind other countries, and U.S. lawyers with a smaller piece of the pie.
Capitol Hill Campus: Drones, Bitcoin, and 3-D Printing: Regulating Emerging T...Mercatus Center
This document discusses the concepts of "permissionless innovation" and the "precautionary principle" as approaches to new technologies. It argues that permissionless innovation, which allows open experimentation, is important for driving progress and should be applied to both digital and physical innovations. The precautionary principle of requiring technologies to be pre-approved can stifle innovation and entrepreneurship. The document uses examples like commercial drones, Bitcoin, and 3D printing to show how permissionless innovation could benefit those technologies by allowing open-ended development, while precautionary rules could hamper their potential. It concludes that adopting a permissionless approach offline as well as online can help create new opportunities.
Law of the Future 2011
23 & 24 June 2011, Peace Palace, The Hague, The Netherlands
title:
Justice sector innovators: We better reward them!
By Maurits Barendrecht, Innovating Justice
www.lawofthefuture.org
The regulatory landscape on human rights compliance is changing. There are greater requirements for disclosure and companies having proper due diligence procedures in place. The UN Guiding Principles on business and human rights, although not a legal framework, is set to be a gamechanger.
The document summarizes a workshop on applying the UN Guiding Principles on Business and Human Rights (UNGPs) to combat human trafficking. It discusses how the UNGPs establish universal standards for companies to prevent human rights violations and ensure victims have access to remedies. It notes how various jurisdictions are implementing measures aligned with the UNGPs, and outlines how companies can operationalize the UNGPs by addressing risks, procedures, supply chains, training, and reporting.
Legal Tools for Worker Cooperatives and the Sharing EconomyRicardo Nuñez
Legal professionals, accountants, and community development organizations were invited to a two-day workshop on legal structures and strategies for cooperative development and sustainable local economies. This workshop had a special emphasis on worker cooperatives, freelancer-owned cooperatives, land trusts, and alternative capital structures.
On the first day, attendees learned about ownership and governance structures being used in the wake of the Great Recession to create a more inclusive economy, including land trusts and housing cooperatives, as well as new financing vehicles that leverage community capital.
The second day focused on worker cooperatives and freelancer-owned cooperatives, including entity structure, bylaws and operating agreements, ownership transitions to worker cooperatives, nonprofit incubation of worker cooperatives, employment law, tax structures and more.
Lawyers were offered 1 Ethics Credit and 5.5 Professional Practice Credits on Day 1 and 7 Professional Practice credits on Day 2 for the State of New York.
Presenters included:
Janelle Orsi, Executive Director of Sustainable Economies Law Center (SELC) and author of Practicing Law in the Sharing Economy: Helping People Build Cooperatives, Social Enterprise, and Local Sustainable Economies (ABA Books 2012).
Ted De Barbieri, Assistant Professor of Clinical Law at Brooklyn Law School
Camille Kerr, Director of Field Building at the Democracy at Work Institute (DAWI)
Ricardo Nunez, Cooperatives Program Director at SELC
The event was held Feb 4th and 5th, 2015 from 9am-5pm both days at Brooklyn Law School (205 State St.Brooklyn, NY 11201)
This document provides an overview of legal topics related to the CISSP certification exam. It begins with disclaimers that StaridLabs is not licensed to provide legal advice. It then defines key legal terms and describes major legal systems like common law, civil law, customary law, and religious law. For common law, it summarizes the three branches of criminal law, tort law, and administrative law. For civil law, it provides a brief history. It also discusses liability, due care/diligence, computer crimes, international cooperation, and intellectual property laws including patents, trademarks, and copyright. The document aims to explain major legal concepts and systems in a training context for the CISSP exam.
Business & Human Rights: An Introduction to the “Protect, Respect and Remedy...ICCO Cooperation
The document discusses the UN Framework for Business and Human Rights consisting of a "Protect, Respect and Remedy" model. It outlines the context and history of the framework, including past debates. It then describes the key components of the framework - the State's duty to protect human rights, the corporate responsibility to respect rights, and access to remedies. Finally, it discusses draft Guiding Principles to operationalize the framework and provides examples of how different actors have begun implementing it.
DeStefano, Lawyers Influencing Nonlawyers: Too Many Cooks in the Kitchen or S...Michele DeStefano
The U.S. legal profession is in need of innovation and innovation comes from open, collaborative, and diverse environments. Yet, the rules regulating the U.S. legal profession foster a closed environment, one that discourages nonlawyer influence on lawyers and alliances between legal and non-legal professionals. The Model Rules of Professional Conduct, the bar licensing requirements, the application of the work- product doctrine and attorney-client privilege, and even the way law firms structure themselves consistently impede an open multi-disciplinary approach. Instead, they favor a closed environment and/or an exclusive one-on-one relationship between attorneys and their clients. In some way or another, they support the notion that when lawyers work with nonlawyers, there are too many cooks in the kitchen.
In light of our growing understanding of other fields, it may be time to reexamine some of these rules and their underlying assumptions. First, they do not represent the way many U.S. lawyers actually practice. Second, in an economic downturn, where the line between what is business and what is law is anything but clear, such tactics may limit lawyers’ range of business opportunities. Instead of protecting lawyers’ economic futures, it may provide the impetus for nonlawyers, who want a piece of the lawyers’ pie, to innovate. Essentially, an environment that fosters input from nonlawyers is better than a closed one and the legal profession’s continued attachment to rules and structures that compel closed environments and severely restrict the influence of nonlawyers on lawyers (at least in the commercial context) may leave the U.S. legal profession woefully behind other countries, and U.S. lawyers with a smaller piece of the pie.
Capitol Hill Campus: Drones, Bitcoin, and 3-D Printing: Regulating Emerging T...Mercatus Center
This document discusses the concepts of "permissionless innovation" and the "precautionary principle" as approaches to new technologies. It argues that permissionless innovation, which allows open experimentation, is important for driving progress and should be applied to both digital and physical innovations. The precautionary principle of requiring technologies to be pre-approved can stifle innovation and entrepreneurship. The document uses examples like commercial drones, Bitcoin, and 3D printing to show how permissionless innovation could benefit those technologies by allowing open-ended development, while precautionary rules could hamper their potential. It concludes that adopting a permissionless approach offline as well as online can help create new opportunities.
This document provides a profile of Francis M. Wikstrom, the 65th President of the American College of Trial Lawyers. It summarizes his background and career path, including that he grew up wanting to be a trial lawyer, attended Yale Law School, and had a solo practice before joining the U.S. Attorney's office and then a litigation firm in Utah where he continues to practice today. It also notes that he has tried a broad range of civil and criminal cases throughout the U.S. and has led efforts in Utah to make the legal system more accessible and affordable.
The Corporate Social Responsibilities of Financial Institutions for the Condu...Larry Catá Backer
Abstract: Corporate social responsibility (CSR) can be split along two distinct lines. The first touches on the nature of corporate personality and is rooted in domestic law regulating enterprises specifically and legal persons generally. The second touches on the nature of the rights of individuals and is rooted in international law (and sometimes domestic constitutional law) defining the scope of the human rights of individuals and the consequential obligations of states and legal persons. Both conversations intertwine though they tend to operate autonomously. In both cases, however, the traditional focus of corporate responsibility has focused on the relationship between an operating company and its direct effects on individuals, society and the environment. That discussion remains contentious, conflicted and unresolved. But it ignores a critical actor—the financial institutions which provide operating capital to enterprises. This paper considers the corporate social responsibilities of financial institutions, including sovereign wealth funds, for the conduct of their borrowers. The focus will be the extent of any duty or responsibility of lenders to ensure that their borrowers comply with CSR obligations (or alternatively conforms to international human rights standards) as a core aspect of their own CSR obligations (or alternatively) of their responsibility to respect human rights. Section II examines the general regulatory framework. There are two aspects that are relevant. The first is to understand the scope and character of the legal norms that may be applied to enterprises generally with respect to their operation’s that might be understood as CSR-human rights related in nature. The second is to consider the range of non-legal normative governance rules that might apply. In the process it will be important to distinguish between a CSR based regulatory approach and a human rights based approach. Section III considers the application of these norms to financial institutions. This requites distinguishing between those obligations that apply to the internal operations of financial institutions generally, and those obligations that apply to the financial institution’s obligations with respect to its lending activities, that is with respect to its relationship with its borrowers. The essay ends with a brief examination of recent cases in which financial institutions undertook such a responsibility, and the ways in which that obligation was undertaken. Three different types of institutions are considered—private banks, sovereign wealth funds and international financial institutions (IFIs). The paper ends with a preliminary consideration of the consequences of this movement for domestic CSR in the U.S.
The document discusses challenges facing the civil justice system and potential solutions. It notes that trials are important to preserve but that the lack of cost-benefit analysis in civil suits has created inefficiencies. It summarizes recommendations from reports by the Institute for the Advancement of the American Legal System and the American College of Trial Lawyers to address these issues through methods like streamlined discovery, shorter trials focused on key issues, and encouraging settlements. The document advocates for implementing these recommendations to restore public confidence and access to the civil justice system.
The Webster’s dictionary defines “lobby” to mean “a group of persons who conduct a campaign to influence members of a legislature to vote according to the group’s special interest”.
Going by the definition, lobbying is probably as old as democracy itself.
The presentation is a discussion on if it should be legalized in India.
The document provides a status report from an engineer on his research into the law. Some of his key findings include:
- The law emerges from human biology and behavior, and can be influenced by how the human brain and society function. It serves to manage risks and responsibilities in a society.
- The U.S. system of law and government has evolved to cultivate capitalism through a constitutional democratic republic that allows the free market to largely dictate value. The law is what the government creates and enforces to manage this system.
- Intellectual property laws like patents, copyrights, and trademarks establish certain protections but also have limitations and complexities in their application and coordination across different regimes. The document examines issues around
Financial Sector Responsibility for Human Rights Conduct of Borrowers: What W...Larry Catá Backer
The document discusses the responsibilities of financial institutions for the human rights conduct of their borrowers, using the extractives sector as an example. It provides context on debates around corporate social responsibility in the extractives sector. It then outlines several international norm structures that guide business and human rights conduct, such as the UN Guiding Principles on Business and Human Rights, OECD Guidelines for Multinational Enterprises, and third party standards. The document also examines case studies of financial institutions, including the Norwegian sovereign wealth fund's exclusions of certain companies from its investment portfolio due to human rights or environmental concerns. It concludes by looking at private standards adopted by banks like HSBC for their mining and metals sector clients and policies.
1) There has been a shift toward individualization of employment relationships and workplace disputes in many countries. This is evidenced by declining collective action and increasing individual disputes and grievances.
2) In Australia, this has resulted in more individual disputes being brought to industrial tribunals for resolution as collective representation has decreased. Tribunals are adapting to better assist large numbers of self-represented litigants.
3) HR managers often handle disputes individually rather than systematically. They may be reluctant to engage unless issues are formally submitted in writing. Training in conflict resolution is lacking in many organizations.
This document provides an overview of dispute resolution mechanisms in construction projects. It begins by defining what a dispute is and noting that disputes can cause projects to fail and for all parties to incur losses. The main causes of disputes are then outlined, including issues with payments, contract documentation, time and cost overruns, and construction information and supervision. Alternative dispute resolution mechanisms are introduced, including negotiation, mediation, dispute review boards, arbitration, and litigation. Each of these options is then described in one to three paragraphs detailing the key aspects and processes involved.
Ethics are moral principles that govern behavior, especially important in international business between countries. Unethical practices in international business include human rights violations, discrimination, bribery, unsafe products, and intellectual property theft. As global trade has grown, multinational corporations sometimes transfer jobs to lower wage countries without investing in community development or considering cultural differences. Making ethical decisions in international business requires respecting local laws and customs, human rights, and finding balanced solutions between cultural perspectives.
Making Infrastructure Deliver - Lessons from QuebecOECD Governance
Presentation make by Prof. Geneviève Cartier - Commission of Inquiry on the Awarding and Management of Public Contracts in the Construction Industry - at the 2nd OECD Forum on Governance of Infrastructure, Paris, 20th March 2017. For more information see www.oecd.org/gov/oecd-forum-on-governance-of-infrastructure-2017.htm
This document discusses various legal issues related to international business. It covers regional, national, and international laws; the basic characteristics and requirements of an effective legal system; the functions of law; sources of international law including treaties, customs, and judicial decisions; commercial treaties and intellectual property rights; the impact of laws on international business operations and strategy; and specific legal issues international businesses may face regarding workers, contracts, antitrust, and intellectual property.
This document discusses bribery, corruption, and business gifts. It defines bribery and corruption, outlines forms of corruption like business entertaining and gifts. It discusses the CIMA Code of Ethics and the UK Bribery Act of 2010 which made bribery of foreign officials a criminal offence. The document concludes that under the new UK law, organizations need to thoroughly prepare to avoid bribery and corruption.
Policy and legal framework for charitiesKarl Wilding
Presentation to the Association of Global Nonprofit Associations, this is the contribution to a discussion on the gloabl environment for civil society
AGNA is a group hosted by CIVICUS.
HiiL National Judges and European Union Law | Dr. Tobias NowakHiiL
This document summarizes research on the knowledge, experiences, and attitudes of lower court judges in Germany and the Netherlands regarding European Union law. It finds that while judges are generally supportive of EU integration, they consider their knowledge of EU law to be lower than their knowledge of national law. Judges report that EU law has a limited impact in most cases, but plays a more routine role for those dealing with highly Europeanized legal fields. The document recommends further training and guidance focused on specific EU law issues to help judges better recognize and address any relevant EU law questions in their cases.
Public lecture | Prof. Claire Cutler | PresentationHiiL
HiiL | Public lecture on the occasion of the launch of the Morris Tabaksblat Visiting Chair on Private Actors and Globalisation
23 April 2012, Leiden University, Lorentz Room, Leiden
Presentation
Public lecture by Prof. Claire Cutler
BITs: Turning Shields into Swords?
Law of the Future 2011
23 & 24 June 2011, Peace Palace, The Hague, The Netherlands
title:
Mapping Transjudicial Dialogue and Learning Across Borders
By: Emmanuel Lazega
Highest Courts Workshop
www.lawofthefuture.org
Law of the Future 2011
23 & 24 June 2011, Peace Palace, The Hague, The Netherlands
title: Informal International Lawmaking (“IN-LAW”)
By: Prof. Joost Pauwelyn
www.lawofthefuture.org
Law of the Future 2011
23 & 24 June 2011, Peace Palace, The Hague, The Netherlands
title: Informal International Law-making in the Pharmaceutical Field
By: Ayelet Berman
www.lawofthefuture.org
Law of the Future 2011
23 & 24 June 2011, Peace Palace, The Hague, The Netherlands
title:
Opening Law of the Future Conference 2011
www.lawofthefuture.org
The document discusses increasing "universalization" and pluralism in asymmetric warfare. It notes a trend towards greater universal applicability of international humanitarian law (IHL) through enforcement of IHL, adapting and supplementing IHL rules, and taking comprehensive approaches. However, increasing pluralism through high-tech solutions may result in opponents using different means that IHL does not cover as well. The document examines solutions to address these trends in asymmetric wars where Western forces face irregular opponents.
This document provides a profile of Francis M. Wikstrom, the 65th President of the American College of Trial Lawyers. It summarizes his background and career path, including that he grew up wanting to be a trial lawyer, attended Yale Law School, and had a solo practice before joining the U.S. Attorney's office and then a litigation firm in Utah where he continues to practice today. It also notes that he has tried a broad range of civil and criminal cases throughout the U.S. and has led efforts in Utah to make the legal system more accessible and affordable.
The Corporate Social Responsibilities of Financial Institutions for the Condu...Larry Catá Backer
Abstract: Corporate social responsibility (CSR) can be split along two distinct lines. The first touches on the nature of corporate personality and is rooted in domestic law regulating enterprises specifically and legal persons generally. The second touches on the nature of the rights of individuals and is rooted in international law (and sometimes domestic constitutional law) defining the scope of the human rights of individuals and the consequential obligations of states and legal persons. Both conversations intertwine though they tend to operate autonomously. In both cases, however, the traditional focus of corporate responsibility has focused on the relationship between an operating company and its direct effects on individuals, society and the environment. That discussion remains contentious, conflicted and unresolved. But it ignores a critical actor—the financial institutions which provide operating capital to enterprises. This paper considers the corporate social responsibilities of financial institutions, including sovereign wealth funds, for the conduct of their borrowers. The focus will be the extent of any duty or responsibility of lenders to ensure that their borrowers comply with CSR obligations (or alternatively conforms to international human rights standards) as a core aspect of their own CSR obligations (or alternatively) of their responsibility to respect human rights. Section II examines the general regulatory framework. There are two aspects that are relevant. The first is to understand the scope and character of the legal norms that may be applied to enterprises generally with respect to their operation’s that might be understood as CSR-human rights related in nature. The second is to consider the range of non-legal normative governance rules that might apply. In the process it will be important to distinguish between a CSR based regulatory approach and a human rights based approach. Section III considers the application of these norms to financial institutions. This requites distinguishing between those obligations that apply to the internal operations of financial institutions generally, and those obligations that apply to the financial institution’s obligations with respect to its lending activities, that is with respect to its relationship with its borrowers. The essay ends with a brief examination of recent cases in which financial institutions undertook such a responsibility, and the ways in which that obligation was undertaken. Three different types of institutions are considered—private banks, sovereign wealth funds and international financial institutions (IFIs). The paper ends with a preliminary consideration of the consequences of this movement for domestic CSR in the U.S.
The document discusses challenges facing the civil justice system and potential solutions. It notes that trials are important to preserve but that the lack of cost-benefit analysis in civil suits has created inefficiencies. It summarizes recommendations from reports by the Institute for the Advancement of the American Legal System and the American College of Trial Lawyers to address these issues through methods like streamlined discovery, shorter trials focused on key issues, and encouraging settlements. The document advocates for implementing these recommendations to restore public confidence and access to the civil justice system.
The Webster’s dictionary defines “lobby” to mean “a group of persons who conduct a campaign to influence members of a legislature to vote according to the group’s special interest”.
Going by the definition, lobbying is probably as old as democracy itself.
The presentation is a discussion on if it should be legalized in India.
The document provides a status report from an engineer on his research into the law. Some of his key findings include:
- The law emerges from human biology and behavior, and can be influenced by how the human brain and society function. It serves to manage risks and responsibilities in a society.
- The U.S. system of law and government has evolved to cultivate capitalism through a constitutional democratic republic that allows the free market to largely dictate value. The law is what the government creates and enforces to manage this system.
- Intellectual property laws like patents, copyrights, and trademarks establish certain protections but also have limitations and complexities in their application and coordination across different regimes. The document examines issues around
Financial Sector Responsibility for Human Rights Conduct of Borrowers: What W...Larry Catá Backer
The document discusses the responsibilities of financial institutions for the human rights conduct of their borrowers, using the extractives sector as an example. It provides context on debates around corporate social responsibility in the extractives sector. It then outlines several international norm structures that guide business and human rights conduct, such as the UN Guiding Principles on Business and Human Rights, OECD Guidelines for Multinational Enterprises, and third party standards. The document also examines case studies of financial institutions, including the Norwegian sovereign wealth fund's exclusions of certain companies from its investment portfolio due to human rights or environmental concerns. It concludes by looking at private standards adopted by banks like HSBC for their mining and metals sector clients and policies.
1) There has been a shift toward individualization of employment relationships and workplace disputes in many countries. This is evidenced by declining collective action and increasing individual disputes and grievances.
2) In Australia, this has resulted in more individual disputes being brought to industrial tribunals for resolution as collective representation has decreased. Tribunals are adapting to better assist large numbers of self-represented litigants.
3) HR managers often handle disputes individually rather than systematically. They may be reluctant to engage unless issues are formally submitted in writing. Training in conflict resolution is lacking in many organizations.
This document provides an overview of dispute resolution mechanisms in construction projects. It begins by defining what a dispute is and noting that disputes can cause projects to fail and for all parties to incur losses. The main causes of disputes are then outlined, including issues with payments, contract documentation, time and cost overruns, and construction information and supervision. Alternative dispute resolution mechanisms are introduced, including negotiation, mediation, dispute review boards, arbitration, and litigation. Each of these options is then described in one to three paragraphs detailing the key aspects and processes involved.
Ethics are moral principles that govern behavior, especially important in international business between countries. Unethical practices in international business include human rights violations, discrimination, bribery, unsafe products, and intellectual property theft. As global trade has grown, multinational corporations sometimes transfer jobs to lower wage countries without investing in community development or considering cultural differences. Making ethical decisions in international business requires respecting local laws and customs, human rights, and finding balanced solutions between cultural perspectives.
Making Infrastructure Deliver - Lessons from QuebecOECD Governance
Presentation make by Prof. Geneviève Cartier - Commission of Inquiry on the Awarding and Management of Public Contracts in the Construction Industry - at the 2nd OECD Forum on Governance of Infrastructure, Paris, 20th March 2017. For more information see www.oecd.org/gov/oecd-forum-on-governance-of-infrastructure-2017.htm
This document discusses various legal issues related to international business. It covers regional, national, and international laws; the basic characteristics and requirements of an effective legal system; the functions of law; sources of international law including treaties, customs, and judicial decisions; commercial treaties and intellectual property rights; the impact of laws on international business operations and strategy; and specific legal issues international businesses may face regarding workers, contracts, antitrust, and intellectual property.
This document discusses bribery, corruption, and business gifts. It defines bribery and corruption, outlines forms of corruption like business entertaining and gifts. It discusses the CIMA Code of Ethics and the UK Bribery Act of 2010 which made bribery of foreign officials a criminal offence. The document concludes that under the new UK law, organizations need to thoroughly prepare to avoid bribery and corruption.
Policy and legal framework for charitiesKarl Wilding
Presentation to the Association of Global Nonprofit Associations, this is the contribution to a discussion on the gloabl environment for civil society
AGNA is a group hosted by CIVICUS.
HiiL National Judges and European Union Law | Dr. Tobias NowakHiiL
This document summarizes research on the knowledge, experiences, and attitudes of lower court judges in Germany and the Netherlands regarding European Union law. It finds that while judges are generally supportive of EU integration, they consider their knowledge of EU law to be lower than their knowledge of national law. Judges report that EU law has a limited impact in most cases, but plays a more routine role for those dealing with highly Europeanized legal fields. The document recommends further training and guidance focused on specific EU law issues to help judges better recognize and address any relevant EU law questions in their cases.
Public lecture | Prof. Claire Cutler | PresentationHiiL
HiiL | Public lecture on the occasion of the launch of the Morris Tabaksblat Visiting Chair on Private Actors and Globalisation
23 April 2012, Leiden University, Lorentz Room, Leiden
Presentation
Public lecture by Prof. Claire Cutler
BITs: Turning Shields into Swords?
Law of the Future 2011
23 & 24 June 2011, Peace Palace, The Hague, The Netherlands
title:
Mapping Transjudicial Dialogue and Learning Across Borders
By: Emmanuel Lazega
Highest Courts Workshop
www.lawofthefuture.org
Law of the Future 2011
23 & 24 June 2011, Peace Palace, The Hague, The Netherlands
title: Informal International Lawmaking (“IN-LAW”)
By: Prof. Joost Pauwelyn
www.lawofthefuture.org
Law of the Future 2011
23 & 24 June 2011, Peace Palace, The Hague, The Netherlands
title: Informal International Law-making in the Pharmaceutical Field
By: Ayelet Berman
www.lawofthefuture.org
Law of the Future 2011
23 & 24 June 2011, Peace Palace, The Hague, The Netherlands
title:
Opening Law of the Future Conference 2011
www.lawofthefuture.org
The document discusses increasing "universalization" and pluralism in asymmetric warfare. It notes a trend towards greater universal applicability of international humanitarian law (IHL) through enforcement of IHL, adapting and supplementing IHL rules, and taking comprehensive approaches. However, increasing pluralism through high-tech solutions may result in opponents using different means that IHL does not cover as well. The document examines solutions to address these trends in asymmetric wars where Western forces face irregular opponents.
Law of the Future 2011
23 & 24 June 2011, Peace Palace, The Hague, The Netherlands
Title: Conflict, Fragility and Development in a Globalized World:
Challenges and Implications for the Law of The Future
By: Hassane Cisse
Keynote Presentation
www.lawofthefuture.org
Bad Effects Of Smoking Short Essay. Online assignment writing service.Lisa Richardson
The document provides instructions for requesting writing assistance from HelpWriting.net. It outlines a 5-step process: 1) Create an account with a password and email. 2) Complete a 10-minute order form providing instructions, sources, and deadline. 3) Review bids from writers and choose one based on qualifications. 4) Review the completed paper and authorize payment if pleased. 5) Request revisions to ensure satisfaction, with a refund offered for plagiarized work. The service utilizes a bidding system and promises original, high-quality content.
This document discusses privacy and emerging technologies. It begins by defining privacy and surveillance. It then discusses trends identified in the Kleiner Perkins Internet Trends Report regarding increasing data collection and security concerns. Various emerging technologies are presented that influence privacy, such as drones, social media, the Internet of Things, and medical technologies like health tracking. Ethical issues around sensitive data from these technologies are raised. Current domestic laws around photography and recording are outlined. International frameworks around communications surveillance and human rights are also mentioned. Treaties and their role in regulating areas like this are briefly explained.
The document provides instructions for requesting and completing an assignment writing request on the HelpWriting.net website. It outlines a 5-step process: 1) Create an account with a password and email. 2) Complete a 10-minute order form with instructions, sources, and deadline. 3) Review bids from writers and choose one. 4) Review the completed paper and authorize payment. 5) Request revisions to ensure satisfaction, with a full refund option for plagiarized work.
How To Write A Response Paper. Online assignment writing service.Courtney Davis
1. The passage discusses the failure of a sanitation intervention program in Peru.
2. It suggests this failure can be explained by diffusion of innovation theory, which involves how new ideas and technologies are adopted. Key factors in this theory like compatibility and complexity likely played a role in the intervention's failure.
3. The innovation of sanitation may not have been compatible with the needs and values of the local population it was trying to reach. This incompatibility was likely a major reason for the program's failure.
Compatibilism holds that free will is compatible with determinism, meaning that moral responsibility is possible even if our actions are determined by prior causes. Determinism views human actions as ultimately determined by external causes based on the laws of physics and nature. Neurological experiments have found neuron firing in the brain seconds before subjects make choices, suggesting consciousness simply observes brain reactions. Compatibilism argues that while actions may be determined, humans still have the freedom to choose what they please within the limits of their nature.
Bridging Competition Advocacy and EnforcementMatt Chiasson
1) The document discusses lessons that can be learned from the 1984 film Ghostbusters about effectively carrying out competition advocacy and enforcement.
2) It notes that like ghosts, competition problems come in different forms and require tailored tools and approaches, including enforcement actions, outreach, and advocacy.
3) Another lesson is the importance of being responsive when stakeholders report potential competition issues, while also properly screening complaints to avoid pursuing false alarms.
4) A final lesson is the need to clearly distinguish advocacy work from enforcement activities to encourage voluntary participation and avoid perceptions of improper coordination between the two functions.
Alicia Carmody is claiming that her neighbor John Ellis's recently constructed chicken coop constitutes a private nuisance. Ellis's rooster and hens generate odors and noises that Carmody argues unreasonably interfere with her enjoyment of her yard. Under Vermont common law, a private nuisance requires an unreasonable and substantial interference with another's use and enjoyment of their property. Carmody likely has a case, as the houses in the residential neighborhood are close together on small lots, and the odors and noises from Ellis's chicken coop could annoy or inconvenience a normal person.
This document summarizes a research report on whether juries are fair. It provides an introduction to the research, including the types of data and methodology used. The research examines Crown Court cases from 2006 to 2008, looking at factors like defendant ethnicity and offense type. It analyzes plea outcomes and jury verdicts. Tables of data are presented on defendant ethnicity, offense types, and plea/verdict results. The implications and need for further research are discussed. Appendices include additional data tables and an analytical model used in the study.
College Essay Help St Louis College Essay Help St LouSarah Gordon
The science teacher implemented various STEM activities and projects to engage students in hands-on learning, such as having students build circuits and program robots to solve problems. These projects encouraged collaboration as students worked in groups, and also promoted creativity as students were challenged to design their own solutions. By incorporating engineering and technology into the science curriculum, the teacher was able to better prepare students for future STEM careers through an interdisciplinary approach to learning.
The document discusses the pros and cons of raising the minimum driving age or keeping it the same. It notes that a study found there were over 30,000 fatalities from 1995 to 2004 involving 15 to 17 year old drivers, with a third being the teens themselves. Debating whether raising the driving age could help reduce car accidents caused by inexperienced teen drivers or if they should be allowed to get a license at a younger age to gain experience.
Creating a more coordinated approach to justice, Liberty AldrichOECD Governance
Presentation by Liberty Aldrich made at the OECD Global Policy Roundtable on Equal Access to Justice, 28 March 2019.
For more information see www.oecd.org/gov/equal-access-to-justice-oecd-expert-roundtable-portugal-2019.htm
Common Application Essay Prompt 1 ExampleLori Flasch
The document summarizes key aspects of the Semai culture, including their economic organization, social structure, gender roles, and practices of non-violence. The Semai are a semi-sedentary group in Malaysia who subsist through horticulture, fishing, hunting and trade. They live in small, isolated camps and grow crops like rice, millet and maize. The culture emphasizes egalitarian roles between men and women, with equal work and no gender-specific tasks. Conflict is resolved through non-violent means like opening one's arms or fleeing to deescalate attacks.
The document discusses how recent terrorist attacks in Paris and San Bernardino have affected global migration patterns. It notes that migration has been impacted economically, politically, culturally, and socially. Specifically, it discusses how the attacks have challenged open border agreements in Europe and caused countries to adjust their laws and regulations around migration and refugees.
The North Africa block of Islam refers to the large population of Muslims in North Africa, which is estimated to be the fourth largest Muslim community in the world. It encompasses the countries of North Africa below the Sahara Desert, including regions such as the Maghreb. The Muslim population in North Africa is massive, with less than 2,000 non-Muslims among millions of inhabitants in the region.
The Benefits Of Essay Writing. Online assignment writing service.Kelly Taylor
This document discusses plea bargaining in the criminal justice system. It defines plea bargaining as negotiations between the prosecution and defense where the defendant pleads guilty to a lesser charge or some charges are dropped in exchange for the defendant's guilty plea. The document notes that plea bargaining helps avoid overburdening the court system and reduces uncertainties in criminal trials. However, it can also disadvantage some naive defendants who may not understand their rights.
Forging Self-Sovereign Identity in the Age of the Blockchain - Christopher Al...Christopher Allen
Presentation by Christopher Allen of Blockstream on self-sovereign decentralized identity, confidentiality, privacy, and human rights at Milan Bitcoin Meetup on April 11, 2017. Video at https://www.youtube.com/watch?v=p0-oXpp6yrM&t=5m7s
Tips To Write A Long Essay. Online assignment writing service.Jamie Ruschel
The document discusses an experiment conducted on experienced gymnasts to see if their flexibility in split leaps could be increased over the course of a month. The gymnasts participated in exercises using Theraband elastic strips placed around their ankles, with the exercises repeated and increased over time. Although the gymnasts were already highly trained in flexibility, the study aimed to determine if their flexibility could be improved even further.
Media law for community journalists and bloggersjtownend
A presentation given to participants at the Community Journalism Conference, Cardiff University, 16 January 2013, setting out the legal landscape for online publishers and asking for responses to a survey
Cricket Match Essay In English With QuotationsCrystal Hall
The document discusses why street racing is dangerous and provides several examples. It notes that street racing can result in death, as evidenced by a fatal car crash involving an airman and four deaths in one jurisdiction. Street racers may feel a thrill but also acknowledge the danger, as one racer said they thought they were going to die after a wreck. Impromptu racing from stop lights on unplanned routes is considered particularly dangerous due to the lack of planning. The document also mentions risks of paralyzation in accidents, running someone over, head-on collisions, and facing felony charges for accidents that kill someone or if hiding at a friend's house.
The 1739 Stono Rebellion in South Carolina, in which enslaved Africans rebelled against their enslavers, sparked fear among South Carolina's white slaveholding class. In response, they passed harsh new slave codes that restricted the rights of slaves and free blacks. The rebellion showed the threat of a large-scale slave uprising and reinforced the slaveholders' determination to maintain control over the enslaved population through increasingly oppressive laws and violence.
Similar to Inaugural Lecture Maurits Barendrecht | Presentation (20)
The document discusses EMCOD, a tool for measuring the costs and quality of online dispute resolution (ODR). The objectives of EMCOD were to adapt an existing tool called MA2j, design and develop a software tool to measure ODR costs and quality, and promote research in this area. Some of the achievements included publishing a handbook by the end of August 2011, developing software, and networking. The tool is intended to increase accessibility, transparency, and focus on users in justice systems and enable comparison and competition among ODR providers.
This document discusses ten theses regarding globalization and law from a global perspective:
1) We should avoid overgeneralizing about law globally due to lack of concepts, data, and capacity for evidence-based generalizations across legal systems.
2) A conception of law confined only to state/municipal law leaves out non-state legal forms like religious, customary, and unofficial laws.
3) Significant legal patterns are often sub-global, like those from empires, diasporas, alliances, and language/legal tradition spread.
4) Accepting non-state law leads to accepting legal pluralism as a social fact occurring within and between countries at all levels of organization
Law of the Future 2011
23 & 24 June 2011, Peace Palace, The Hague, The Netherlands
Title: Privatization and the law of the future
By: Marieke Klompe
Workshop: The Youth, the Law and the Future
www.lawofthefuture.org
Law of the Future 2011
23 & 24 June 2011, Peace Palace, The Hague, The Netherlands
Title: Internationalization of Law & Enforcement
By: Lena Waloszek
www.lawofthefuture.org
Law of the Future 2011
23 & 24 June 2011, Peace Palace, The Hague, The Netherlands
title:
Beyond the State Monopoly:
Making Law Work in Times of Globalisation
By: Jan M. Smits
www.lawofthefuture.org
Law of the Future 2011
23 & 24 June 2011, Peace Palace, The Hague, The Netherlands
title:
Law Scenarios to 2030 & Report on conclusions from
the Law of the Future Forum
www.lawofthefuture.org
Acolyte Episodes review (TV series) The Acolyte. Learn about the influence of the program on the Star Wars world, as well as new characters and story twists.
Essential Tools for Modern PR Business .pptxPragencyuk
Discover the essential tools and strategies for modern PR business success. Learn how to craft compelling news releases, leverage press release sites and news wires, stay updated with PR news, and integrate effective PR practices to enhance your brand's visibility and credibility. Elevate your PR efforts with our comprehensive guide.
An astonishing, first-of-its-kind, report by the NYT assessing damage in Ukraine. Even if the war ends tomorrow, in many places there will be nothing to go back to.
El Puerto de Algeciras continúa un año más como el más eficiente del continente europeo y vuelve a situarse en el “top ten” mundial, según el informe The Container Port Performance Index 2023 (CPPI), elaborado por el Banco Mundial y la consultora S&P Global.
El informe CPPI utiliza dos enfoques metodológicos diferentes para calcular la clasificación del índice: uno administrativo o técnico y otro estadístico, basado en análisis factorial (FA). Según los autores, esta dualidad pretende asegurar una clasificación que refleje con precisión el rendimiento real del puerto, a la vez que sea estadísticamente sólida. En esta edición del informe CPPI 2023, se han empleado los mismos enfoques metodológicos y se ha aplicado un método de agregación de clasificaciones para combinar los resultados de ambos enfoques y obtener una clasificación agregada.
Here is Gabe Whitley's response to my defamation lawsuit for him calling me a rapist and perjurer in court documents.
You have to read it to believe it, but after you read it, you won't believe it. And I included eight examples of defamatory statements/
1. Inaugural lecture
Courts, Competition
and Innovation
Maurits Barendrecht
HiiL – Hague Visiting Professor on the Rule of Law
• Professor of Private Law at Tilburg University, TISCO
• Chairman Executive Board of Innovating Justice
3. The Third Branch
Charles Louis de Secondat,
Baron de La Brède et de
Montesquieu
(Château La Brède, 18 January 1689 –
Paris, 10 February 1755)
4. The Third Party
1999
• ‘The triad, two disputants and a
dispute resolver, is a universal, if
undertheorized, phenomenon.
• It is a ‘primal technique of organizing
social authority and, therefore, of
governing. Alec Stone
Sweet,
Political
• Triads serve ‘to perpetuate the dyad, Scientist at
given changes in the preferences or Yale
identities of the two parties.
• The triadic entity responds to, and is
a crucial agent of, social change.’
5. Trilateral Governance
The third party is needed if:
• The relationship requires specific Oliver Williamson,
investments Nobel Prize
Economics 2009
• It is impossible to set precise rules
because of uncertain future
• Opportunistic behavior (stealing,
cheating and violence) is possible
6. Courts help people to decide
in their most difficult moments
• Who gets what if relationships break down
• What should happen in unexpected and
unclear situations
• Remedies when somebody cheated or used
violence
7. Problems in The Netherlands | yearly
30.000 new divorces; 100.000 terminations
of employment by employer; 700 people
killed in road traffic accident; 20.000
personal injuries in road traffic accidents;
1.000.000 unpaid debts for which
enforcement is sought; 10.000
bankruptcies; 1.700.000 conflicts related to
purchase of products or services;
15.000 asylum seekers; 180.000 building
permits
200 homicides; 170.000 victims of
violence; 150.000 instances of burglary
8. In countries torn by civil war
People reporting effects in immediate family:
• 20% someone displaced
• 15% imprisoned
• 10% tortured
• 15% home looted
• 10% deaths
Worldwide: 4 new civil wars each year
and 50.000 – 200.000 battle deaths per year
Conflict, Security and Development,
World Development Report 2011
9. It is hard to make the triangle work ...
Moet nog worden
aangeschaft
13. Supervision
• Voice and participation
• Sorting out what happened (fact-finding)
• Negotiation
• Growing towards an acceptable solution
• Fit with earlier solutions (laws and case law)
• Deciding what parties cannot decide
15. The miracle …
By being there, third parties provide:
• Shadow of law
• Space for voice, participation, dialogue
and conciliation
• Option of participation by public
• Threat of an imposed solution and sanction
16. The art of being there …
• Prepared to intervene
• Fast … (available just in time)
• Known to work towards effective solutions
• Being predictable
• Not costly
90% of problems solved fairly by parties
17. The Void: Justice Sector Analysis
• Sarat and Grossman 1975:
Problems in Mobilization of Adjudication
• Landes and Posner 1979: Submission problem
• Botero et al. 2003 and Cabrillo et al. 2008:
Insufficient incentives on courts to offer better
services
• Carothers 2006 and Fukuyama 2011:
Rule of law and accountability very hard to
implement
• Hadfield 2008:
Regulation of legal profession blocks innovation
18. What About Courts?
• Third parties and thus courts always ermerge.
We need them in our relationships.
• Fascinating triads.
Three complex relationships at the sides
of the triangle. Provide miracles by being
there.
• Difficult to run.
Two clients each want something else.
Judges are isolated from incentives.
Have to motivate themselves and each
other.
22. Learning from competition
• Being just in time
• Focus on substantive justice not hindered
by procedural and bureaucratic issues
• Costs of access to justice
• Making settlement and plea bargaining
more fair
• A need for informational justice
• Impartiality and independence can be traded
• Local justice, in the community, seems to work
• Specialisation works
23. An entrepreneurial
judge responding to
demand for justice?
Baltasar Garzón: Investigating Drug Cartels, Marbella mayor and
Atletico Madrid owner Gil, Pinochet, ETA crimes, Franco time atrocities,
Guantanamo Bay
25. Forum shopping …
• Part of the litigation game (Eisenberg and
Clermont 2002)
• Entrepreneurial judges and other 3rd parties
• Create new options for complainants
• So access to justice is improved
26. Courts and Competition
• State courts compete with other third
parties.
• Courts can learn from them. Competition
shows their strengths and their weaknesses.
• Individuals and groups seeking access to
justice vote with their feet. Forum shopping
cannot be stopped.
New third party mechanisms will be created by
social entrepreneurs to satisfy demand for
accountability. This should be welcomed.
28. ‘If courts sit still, they may gradually
become less relevant.’
29. Responses to more demand
• Scenario 1: A threat?
Production targets, but no realistic option to make
services better and more affordable
• More stressed judges, more errors
• Clients wait, powerful defendants win, clients walk away
• Courts criticized, judges ask to respect courts
• Scenario 2: Signal courts are valuable?
Innovate to serve clients better at lower costs.
More willingness to pay (users, governments)
• Judges motivated
• Clients happy, more respect for courts
• Budgets more secure and more independence
32. No easy answers: 27 Factors have
been found that foster Innovation
• Generating Possibilities 9 factors
• Developing Innovations 8 factors
• Replicating and Scaling Up 5 factors
• Analyzing and Learning 5 factors
Experience from Public Sector Innovation, applied to
Justice Sector, combined with international literature
on Court Reform, Procedural Reform
36. Generating possibilities
1. Vision and commitment from government
2. Focus on users, frontline staff and middle managers
3. Diversity
4. Scanning of horizons and margins: a process need
5. Developing capacity for creative thinking
6. Working backwards from outcome goals: terms of
reference
7. Creating time and space
8. Allow breaking the rules
9. Competition: the submission problem and regulation of
legal services
37. Winner Innovating Justice Awards 2011
Service of Judicial Facilitators
Pedro Vuskovic Céspedes
Coordinator of the Inter-American Program of Judicial Facilitators
Organisation of American States
38.
39. Developing innovations
10. Appropriate selection of fruitful ideas: simplifying
procedures
11. Adequate risk management
12. Fostering innovation champions
13. Creating incubating space
14. Involving incubators and public-private partnerships
15. Introduce modeling, build prototypes
16. Better funding for early development
17. Involving end users at all stages
40. Justice Innovators
Modern Investigative Techniques | Karen Tse, Founder and CEO International Bridges to
Justice LawGuru.com | Bahman Eslamboly, President LawGuru Programa Interamericano
de Facilitadores Judiciales | Pedro Vuskovic Céspedes Coordinator of the Inter-
American Program of Judicial Facilitators Organization of American States The
eBay/PayPal Resolution Center | Colin Rule, CEO Modria.com I Paid A Bribe | Ramesh
Ramanathan, Co-founder Janaagraha Centre for Citizenship and Democracy E-
Court, the first online private court | Henriette Nakad, Founder E-Court Foundation
Weagree | Willem Wiggers, Founder Weagree B.V. The IMI Inter-Cultural Mediator
Competency Certification | Inter-Cultural Taskforce, IMI Use of Medical Experts to Secure
Release from Pretrial Detention in Russia | Dmitry Dinze, Humanitarian Action
43. Replicating and scaling up
18. Improved incentives for individuals and teams
19. Improved incentives for organisations: a sound
model for financing and monitoring courts
20. Scaling up and disruptive innovation
21. Specialise and beware of early standardisation
22. Change management
44. Analysing and learning
23. Metrics for success
24. Real time learning: change immediately if something
does not work
25. Peer and user involvement in feed-back
26. Double loop learning
27. Test from variety of perspectives
45. A methodology to measure effects and to compare
users’ experiences with third party procedures
48. • Trilateral governance in our most difficult moments
Professionals, relationship doctors, miracle providers rather
than production workers
• Allow to break rules and develop working methods
Focus on what works, what is fair, informed by rules
• Better incentives and sound system for financing
courts | Create competition and choice, terms of reference,
surveys of participants, monitoring whether interventions
work
• Create space for judges | 10% of time, 3% of budget,
recognition, partnerships
• Invite judges to an open, nurturing, knowledgeable,
competitive environment, fascinated by courts