National Application of International Law: The Statutory Interpretation Perspective

Reprinted with permission of the Publisher from The Canadian Yearbook of Internation Law, 41 by Don McRae © University of British Columbia Press 2003. All rights reserved.

La contribution du tribunal pénal international pour l'ex-Yougoslavie au développement des sources du droit international public : le dilemme normatif entre droit international classique et droit international pénal

"Mémoire présenté à la Faculté des études supérieures en vue de l'obtention du grade de Maîtrise en droit - option recherche(LL.M)"

Management renewal? Consequences of the new conception of the “best interests of the corporation” in North American and French Corporate Law

Corporate law integrates a stakeholder conception through the comprehensive meaning of the best interests of the corporation. In this paper, I address criticisms about classical definition of the firm’s purpose. Even if American law is more discreet and uncertain, it is possible to defend a broad conception of the best interests of the corporation. The interests of Canadian and French firms include their partners. While the notion of intérêt social is debatable in France, Canada has recently modified its point of view regarding the purpose of the firm. Indeed, the decision of the Supreme Court of Canada Magasins à rayons Peoples Inc. (Syndic de) v. Wise in 2004 changed the concept of corporate law. With respect to fiduciary duties, the Supreme Court set aside the traditional interpretation of the “best interests of the corporation” which gave primacy to shareholders’ interests. The Court held that the expression “best interests of the corporation” refers to the maximization of the corporation’s value. This innovative vision of the best interest of the corporation introduces stakeholder theory and corporate social responsibility (CSR) into corporate law and provides a new field for the firm’s management to frame their responsibilities. This paper concludes with an extended discussion of the implications of stakeholder and CSR influence for the future of corporate law, economy and financial researches.

Comparative Lessons on Corporate law and CSR: Hard Law as Solution? Do the French offer the way ahead?

This paper provides a comparative analysis of corporate law and CSR and asks whether there are lessons for Australia from corporate law and CSR developments in France. This presentation presents a summary of the provisions of the new French Act Number 2010-788 passed on 12 July 2010 – called “Grenelle 2” –. Firstly, article 225 of Law’s Grenelle 2 changes the Commercial Code to extend the reach of non-financial reporting and to ensure its pertinence. Secondly, article 227 Law’s Grenelle 2 amends certain provisions of the Commercial and Environmental Codes and incorporates into substantive law the liability of parent companies for their subsidiaries. In fine, article 224 of Law’s Grenelle 2 reinforces the pressure on the market to act in a responsible manner. It modifies article 214-12 of the Monetary and Financial Code in order to compel institutional investors (mutual funds and fund management companies) to take social, environmental and governance criteria into account in their investment policy.

International Law Observatory: International Activity

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Equality, reasonableness and gender in the process of constitutionalization and internationalization of law

The themes of this paper are equality, reasonableness and gender rights in the dynamics of two sequential and convergent processes: the constitutionalization of judicial law, and the internationalization of constitutional law. The thesis of this paper is that in the face of non-compliance of the obligation to regulate, guarantee and protect gender rights, the best option has been to strengthen judicial law, which has enabled the development of rules for protection, the adoption of contemporary methods of interpretation and adjudication of the law, as well as the resolution of shortfalls in protection based on said processes of the constitutionalization and internationalization of local law.

The parallel diplomacy and the International Relations of the regions

The inclusion of subnational entities in international politics, breaks with the exclusive privilege of handling external relations by the States. Regions and municipalities have developed international policies that strengthen local affairs in cultural, economic, politic, security and strategic cooperation aspects, through the so-called parallel diplomacy activities. The influence of regional institutions in global affairs is growing; however paradiplomacy practice is not institutionalized and received little attention in international relation studies.

Al – Qaeda and the international politics: a teorical Reflection

Through the study of the relationship between non-state actors and states, is pretended to analyze the role of Al-Qaeda in international politics. It is argued that Al-Qaeda tries or has the ability to promote or accelerate changes in the power  structure, where stands the American hegemony and the pursuit of balance by  various actors, implementing asymmetric strategies as counter-hegemonic responses.

Edexcel GCSE history A : the making of the modern world. Unit 1 : peace and war : international relations 1900-91. Student book.

Es una de las cuatro unidades del curso de preparación para los exámenes del General Certificate Secondary Education (GCSE). Estos temas explican los acontecimientos históricos sucedidos en los últimos cien años y ayudan a entender los problemas del mundo actual. En esta unidad se estudian las guerras de 1914 y de 1945, así como el peligro en el que estuvo el mundo en 1962 por la crisis de los misiles de Cuba que pudo provocar un devastador conflicto nuclear. Una parte del libro se dedica al repaso y la preparación del examen.

Guidelines for strategic national planning of training and education for museums, cultural heritage and related fields in Sweden and in international co-operation

The guidelines presented in this document are a preliminary strategy for establishing a comprehensive policy for the needs of training and education wiyhin the sector and adjoining areas, across fields of knowledge and professions concerned, on relevant levels and for the varies institutions and operators. The objective of these guidelines is to analysis the problems, objectives and goals for development of a far reaching system of educational and training programs and courses for museums, cultural heritage and related fields of activities. This objective comprises a close collaboration between museum, cultural heritage organizations and educating organizations, notably within universities and colleges, but also other kinds of educating bodies.