bluuebunny/crossref_metadata_2025_split huggingface dataset:
Green Bills for Green Earth: How the International Trade and Climate Regimes Work Together to Save the Planet
Authors: Leal-Arcas Rafael , Alex Hast Teemu , Sperka Lucas , Mittal Aarushi , Kasak-Gliboff Hannah , Prakash Kaushal 
Published: May 2022

Through their Intergovernmental Panels on Climate Change, the scientific community tells us that we are heading towards a climate catastrophe. As a result, various countries are offering various promising and novel policy instruments to mitigate climate change and continue to grow macroeconomically, as we witnessed in the Glasgow Conference of the Parties in 2021. In other words, finding ways to grow economically while, at the same time, protect the environment and mitigate climate change. In that spirit, this article first provides an overview of the global trade and climate regimes. It then offers an analysis of how the World Trade Organization (WTO) globally and the European Union (EU) regionally might combat climate change in remarkable ways. The article also provides an analysis of European Green Deal and the US Green New Deal (GND), two encouraging policy instruments to help mitigate climate change ambitiously. Finally, the article provides a thorough assessment of the EU’s Carbon Border Adjustment Mechanism (CBAM).
European Green Deal, US Green New Deal, Carbon Border Adjustment Mechanism, carbon pricing, GATT general exceptions, non-discrimination principle in GATT
The Habitats Directive and Heath: The Strain of Climate Change and N Deposition
Authors: Hoek Niels 
Published: May 2022

The Habitats Directive is the cornerstone of EU nature conservation law charged with both the conservation and restoration of a wide degree of heathlands. However, heathlands in western-Europe are on a steady decline with grim prospects for the future, which can be contributed to the combined effect of nitrogen deposition and climate change. In turn, this article researches the capacity of the Habitats Directive to regulate aforementioned threats. It finds that the Directive is not sufficient with regard to the reintroduction of keystone species, connectivity restoration, climate change adaptation and/or mitigation measures – due to a lack of specific restoration norms. This article also assesses whether a Restoration Directive can serve as a supplementary means of achieving restoration in European heathlands. From an academic perspective, this article contributes to the debate on the functioning of the Habitats Directive and EU environmental law. From a societal perspective, there is a significant concern regarding excessive nitrogen deposition in combination with climate change in various EU countries. Whilst this problem should be studied from a multitude of disciplines, effective legal norms geared towards restoration play a distinctive role in solving this complex puzzle.
Habitats Directive – Nitrogen Deposition – Climate Change – EU Nature conservation law – Restoration – Conservation – Heathlands – Restoration Directive – Biodiversity
Regras procedimentais da arbitragem coletiva no âmbito dos direitos dos investidores no mercado de ações: contexto, undamentos e adaptações procedimentais
Authors: Zufelato Camilo 
Published: May 2022

The article analyzes the procedural rules concerning class arbitration, elaborating processes for adapting the procedures relating to individual arbitration for class arbitration, as well as the rules themselves concerning class actions. The creation of this system of procedures aims to contribute theoretically to the field, but also to establish some guidelines regarding the practical application of the figure. The article deals with the main procedural aspects elaborated and/or adapted and, from that, presents theoretical-propositional conclusions when identifying and discussing conceptually about the main procedural aspects to be potentially applied in the scope of class arbitrations.
Arbitration; Public Administration; state-owned companies; arbitrability.
As Cláusulas Escalonadas no Ordenamento Jurídico Brasileiro: Breves Considerações sobre as Cláusulas Med-Arb e Seus Efeitos
Authors: Galvão Maia Marina Leal 
Published: May 2022

This article aims to discuss multi-tiered dispute resolution clauses, including setting out some of its main examples and analyzing, more specifically, the med-arb multi-tiered dispute resolution clause, which provides for mediation proceedings before the commencement of the arbitration. Some of the main effects of the med-arb clauses are also discussed, such as the effects of its non-observance, the possibility of requiring an interim relief before the mediation and the conservation of its effects during the mediation proceeding, and the possibility of setting aside an award issued in an arbitral proceeding that did not observe the previous mandatory mediation requirement.
Arbitration; mediation; multi-tiered clauses; med-arb.
Alternative Dispute Settlement and the Jurisprudential Legacy of the World Trade Organization’s Appellate Body
Authors: A. Papaconstantinou George , F. Pedreschi Luigi 
Published: May 2022

This article analyses the possible impact of the disputes advanced through the Multiparty Interim Appeal Arbitration Arrangement (‘MPIA’) and preferential trade agreements (‘PTAs’) on the jurisprudential legacy of the Appellate Body (‘AB’) and shows that those alternative dispute settlement mechanisms can play a significant role in preserving and further developing World Trade Organization’s (‘WTO’) case law. In the future, the importance of alternative dispute settlement mechanisms resolving arguments of international trade law is bound to increase (especially, in light of the ongoing deadlock at the WTO). That said, this does not come without risks for the (much disputed) coherence of WTO precedence by way of departure from established interpretations of the WTO acquis. Ultimately, it is the quality of the alternative dispute settlement awards that will determine the extent to which the jurisprudential legacy of the AB will be maintained. This article demonstrates that alternative dispute settlement mechanisms pose both challenges and opportunities for the consistency of the WTO case law. This article sheds further light on the potential risks and virtues pertaining to each one of them and argues that until the functioning of the Appellate Body is restored, alternative dispute adjudicating bodies must observe its jurisprudential legacy to promote legal certainty and predictability in international trade dispute settlement.
WTO Dispute Settlement, Alternative Dispute Settlement, Appellate Body, Multiparty Interim Appeal Arbitration Arrangement, Preferential Trade Agreements
Between a Rock and a Hard Place Under China’s Anti-Sanction Law 2021: The Game- Theoretical Perspective
Authors: Bu Qingxiu 
Published: May 2022

The Chinese Anti-Sanction Law (ASL 2021) has for the first time created a legal basis for sanctioning specific foreign entities for conduct inconsistent with China’s core interests and policies. Those involved in implementing foreign sanction measures can be put on an anti-sanctions list and may be denied entry into China or be expelled from the country. The escalated confrontations are part of a broader global trend of tightening export controls, sanctions and foreign investment controls on national security or public interest grounds. At the heart of the problem is the incongruity between the US and Chinese perspectives on distinct values such as human rights, national security and other public policies. The conflict of law arises inevitably as a multinational company (MNC) attempts to comply with both US law and ASL 2021. The law creates a legal conundrum for foreign MNCs, which are placed in a proverbial rock-and-hard-place situation. Using in-depth analyses of China’s evolving sanctions regime, it is essential to explore resolutions to mitigate the escalated tension and break the deadlock. It is therefore necessary for foreign entities to navigate a delicate balancing act between compliance with US laws and China’s requirements for continued transactions.
Blocking Mechanism, Anti-Sanction Law, National Security, Entity List
SOEs, Foreign Investments & Competition: A View from the Gulf States
Authors: Memeti Nora , Jurkowska-Gomulka Agata 
Published: May 2022

State-Owned Enterprises (SOEs) directly compete with private companies, including foreign investors. The scope of applicability of competition law towards SOEs constitutes one of the key features of national competition protection regimes. Two approaches (models) can be identified in this area: the equality approach (competition law applied in the same manner towards the public and the private sector; the model is based on the neutrality principle); and the differentiation approach (excluding fully the application of competition law on SOEs). The second model is usually justified by important social and economic goals, mainly by a necessity to provide highquality public services. However, the differentiation model may negatively affect both domestic competition and the investment atmosphere.
The Gulf Cooperation Council (GCC) countries adopted competition laws that generally put SOEs and the public sector in a broader sense out of scrutiny of competition law regime. The paper aims to check what reasons lie behind a rejection of the neutrality principle in GCC’s competition laws, specifically if competition protection regimes are patterned on antitrust laws from liberal economies. By identifying how the differentiation approach to addressees of competition laws is reflected at a legislative or practical level in most GCC’s countries, the article tends to assess the impact of national competition laws on Foreign Direct Investments (FDI) in the Gulf region.
competition law, Gulf States, neutrality principle, State-owned enterprises, foreign investments, national champions
Position of the first metatarsophalangeal joint and the effect on hallux abductovalgus deformity progression and reversal
Authors: Clough James 
Published: May 2022

There has not been any literature describing changes in intermetatarsal (IM) angle 1,2 of the foot related to position of the first metatarsophalangeal joint (MTPJ). This study looks at the effect on the IM angle with loading of the foot and attempted dorsiflexion of the 1st MTPJ in 14 consecutive feet with bunion deformity. We also examine the effect of maximal dorsiflexion of the first MTPJ on the IM angle 1,2. This is a radiographic study. The pathogenesis of hallux abductovalgus is a subject of much discussion. Conclusive evidence has not been obtained as to the etiology of this common condition, and many theories have been advanced. This study shows that there is an effect on the IM angle under different angular conditions of the first MTPJ. The author concludes that there is a significant decrease in the IM angle between mets 1,2 with dorsiflexion of the first MTPJ and a change of the deformity with dorsiflexion attempted with weight bearing (WB) in all subjects. It is suggested that restoration of motion of the first MTPJ decreases the deformity. This leads the author to believe that conservative care and restoration of motion of the first MTPJ may reduce the deformity of hallux abductovalgus as assessed by IM angle 1,2.
Methods and techniques for enriching the vocabulary in foreign language lessons
Authors: Atabayeva F. 
Published: May 2022

The article describes methods and techniques for replenishing vocabulary in foreign language lessons. Knowledge is the only force that can make the future brighter than it is today and move human society forward. Definitely, the future of today’s multilingual youth will be perspective, but the main requirement of today is to provide quality education to the younger generation. Information and communication technologies, various simple games and role-playing games, dialogue, that is, the communicative method, as well as the use of various visual aids are of great importance in the development of students’ vocabulary.
Tax Base Erosion: Reformation of Section 482's Arm's Length Standard
Authors: Wells Bret , Lowell Cym 
Published: May 2022

There is an important debate about fundamental tax reform looming, and the problem of homeless income (HI)—commonly referred to in the current round of debate as “base erosion and profit shifting” (BEPS)—is at the center of the storm. The media has incited the general public through llegations that multinational enterprises (MNEs), including many prominent MNEs, have misreported their income, and that tax havens are a public menace. Not surprisingly, a wide range of policy formulations have been, and will be, put forward to address the HI/BEPS problem. During the course of this debate, MNEs will argue that the current corporate taxation scheme of the U. S. is anti-competitive because it imposes the highest effective tax rate globally and imposes extraterritorial tax costs on U.S.-owned MNEs (U.S. MNEs) that are not imposed on their foreign-based competitors (non-U.S. MNEs). As the parent company elects the residency of the MNEs, many countries have decided to forgo taxing extraterritorial income entirely, hoping to attract the corporate headquarters, research and development, and other highly remunerated jobs of the MNEs to their country. Observing this trend, some countries have used the competitiveness argument to claim that the U.S. should avoid taxing international income entirely. Although this conclusion may carry these implications too far, important scholarship does make the case that excessive residency-based taxation of U.S. MNEs risks contributing to the trend of acquisition of U.S. MNEs by non-U.S. MNEs or U.S. MNEs expatriating, actually or constructively, because of the tax advantages afforded to foreign ownership. In response to this argument, at least six European nations have adopted so-called “patent box” regimes that provide concessionary tax rates to IP related income in an effort to attract high paying research and development jobs to their country.
Mixing Management Fee Waivers with Mayo
Authors: Grewal Amandeep S. 
Published: May 2022

The 2012 presidential election cycle brought national attention to a strategy used by private equity firms, like the one founded by Mitt Romney, to convert ordinary income into long-term capital gains. Under the strategy, a private equity firm waives its right to a fixed fee from a managed fund. Instead of the fixed fee, which would be taxed at high rates, the firm receives an additional profits interest (or “waiver interest”) in the fund. If this strategy has its intended effect, income allocated to the waiver interest qualifies as low-taxed long-term capital gain.This apparent conversion of ordinary income to long-term capital gain has drawn withering criticism from several respected commentators. Private equity firms, many of which already enjoy spectacular income, have allegedly engaged in aggressive or illegal behavior by taking a waiver interest rather than a fixed fee payment. According to the commentators, the Internal Revenue Service (IRS) could successfully challenge the fee waiver strategy because (1) section 707(a)(2)(A) allows the IRS to recharacterize the transaction as one between strangers (and thus generating ordinary income), (2) a distribution regarding income allocated to the waiver interest may qualify as a “guaranteed payment” under section 707(c) and would again give rise to ordinary income, and (3) the receipt of the waiver interest qualifies as a recognition event under the common law authorities related to profits interests.
Migrants with Retirement Plans: The Challenge of Harmonizing Tax Rules
Authors: Blum Cynthia 
Published: May 2022

Many countries seek to encourage retirement savings for their residents by offering tax preferences for privately-operated “qualified retirement plans.” These tax preferences generally take the form of delaying taxation of contributions made to the plan and of the earnings thereon until funds are withdrawn by the participant during retirement. In a few cases, countries instead tax contributions immediately but forgo further tax. Because these rules encompass the tax treatment to be accorded throughout an individual’s lifetime, the individual is able to plan for retirement with some assurance of the eventual tax consequences. However, in recent years, it has become increasingly likely that an individual who has accumulated qualified retirement savings in one country will later migrate and retire in another country and, as a result, face unexpected tax consequences.This Article examines (1) the tax rules commonly applied by the country of emigration in order to maintain its ability to tax a departing participant in a qualified plan, and (2) the tax rules commonly applied by the country of immigration when its new resident has accumulated savings in another country’s qualified plan. The Article then analyzes how the interaction of the two countries’ rules may lead to inappropriate tax consequences and administrative burdens. In addition, it considers the various ways that bilateral treaties and model tax treaties seek to ameliorate these concerns.The Article concludes that the provisions regarding pensions in the U.S. Model Treaty achieve a reasonable degree of coordination of the two countries’ tax rules, but also could be improved in a variety of ways. The Article also explores further coordination methods in light of the improbability that bilateral treaties with the improved rules will become universal. The Article recommends adoption of a multilateral agreement for information-sharing and for taxation of qualified retirement plans and the establishment of an International Retirement Plan (“IRP”) to facilitate the operation of the multilateral agreement. The IRP would have the limited administrative role of accepting deposits from qualified individual retirement accounts established in participating countries; collecting withholding tax pursuant to the tax rules (including treaties) of the participating countries; and promoting the flow of information between the participating countries.
The Criminality of "Tax Planning"
Authors: Kwon Michelle M. 
Published: May 2022

In recent years, the federal government has adopted an aggressive prosecution policy that targets tax advisors who help their clients evade taxes. Increased prosecutions coupled with the present-day sophistication of tax practice call for a critical examination of the willfulness standard applied to tax advisors who use the Code and Treasury regulations as part of their regular practices. This is something no previous legal scholarship has done. To establish willfulness, the government must show that a person accused of a tax crime intentionally violated a known legal duty. Because knowledge of illegality is an element of the government's tax evasion case, prosecutors must negate a defendant's claim of ignorance or misunderstanding of the law, which is evaluated subjectively. The mistake of tax law defense and the knowledge of illegality standard are anomalies since ignorance of the law usually is not an excuse. The Supreme Court, however, has said that tax law is special due to the need to protect average citizens from prosecution for innocent mistakes made due to the complexity of the tax laws. The same high standard of willfulness that applies to average citizens also applies to tax professionals. This Article aims to do two primary things. First, it demonstrates that consideration should be given to broadening the current willfulness standard as it is applied to tax advisors. Second, it evaluates the suitability of Samuel Buell and Lisa Kern Griffin's work on "consciousness of wrongdoing" as one possible approach to consider. Beyond tax scholars and practitioners, this Article may resonate with those interested in criminal law generally and white collar crime in particular, as well as those interested in issues ofprofessional responsibility.
Bitcoin and the Definition of Foreign Currency
Authors: Chodorow Adam 
Published: May 2022

The IRS recently dealt a blow to Bitcoin enthusiasts by ruling that Bitcoin and other similar currencies should be treated as property–and not foreign currency–for income tax purposes. As a result, those who use bitcoins to purchase goods or services must report gain or loss on each transactionn if the bitcoins have changed value between the time they were acquired and spent. Treating Bitcoin as a foreign currency would have permitted individuals to take advantage of the $200 personal-use exemption and required taxpayers to adopt a formulaic system for tracking the basis of commingled bitcoins.The IRS's decision seems correct as a matter of positive law, but laws can always be changed. In this Article I consid4r whether Bitcoin should be treated as a foreign currency for income tax purposes. I conclude that tax authorities should adopt a foreign currency definition that excludes bitcoin and similar currencies because (1) a broad definition ciould create significant administrative and line-drawing problems, and (2) the government has little interest in promoting alternate currencies . Nor should authorities extend the personal-use exemption to virtual currencies. In contrast, authorities should extend the basis rules applicable to foreign currency to virtual currencies to prevent taxpayers from using the basis rules to improperly reduce their tax obligations.
Accelerating Depreciation in Recession
Authors: Morrow Rebecca N. 
Published: May 2022

What would you do if on January 13, 2016, you had won the $1.5 billion Powerball jackpot? The prize gives you the choice of a smaller lump sum now or the full jackpot parceled out for years to come. For the New York Times and numerous financial experts, the right choice is clear: take the money over time. While lump sums are nice, they are not worth a big discount when compared to “ultrasafe” income streams (like the Powerball annuity), especially in an “ultralow interest rate environment.”What everyone understands about Powerball seems to elude us when it comes to the United States’ largest corporate tax expenditure. “Accelerated depreciation” rules give taxpayers a lump sum deduction now, rather than the gradual deductions they would normally claim. Called tax law’s “standard method for combating recessions,” accelerated depreciation has become the most important tax policy affecting businesses because it is thought to be an effective if costly way to stimulate the economy, particularly during tough economic times.I argue, to the contrary, that accelerated depreciation debates ignore the lessons of Powerball. Like lottery payments, gradual depreciation deductions are highly certain, making them far more valuable than has been assumed. As a result, replacing them with accelerated depreciation is far less valuable than has been assumed. Further, the benefits of accelerated depreciation plummet during and following recession—precisely when these policies tend to be expanded. I illustrate these points with a numerical example exposing when real firms paid extra taxes (and the government collected extra revenue) as a result of the government’s purported stimulus program.