Democracy and the Dominance of Delaware in Corporate Law

Delaware has a population less than one-third of one percent of the nation, but it is the state of incorporation for more than fifty percent of US public companies and more than sixty percent of the Fortune 500. Delaware\u27s resulting dominance over the terms of corporate governance in the US has been the subject of one of the grandest debates within corporate law scholarship

The WTO Law on Subsidies and Climate Change: Overcoming the Dissonance?

The worrisome rise in the number of trade disputes relating to climate change policies leaves no doubt as to the relevance of WTO law to climate change policies. Perhaps the most contentious aspect of the relationship between trade law and climate change policies is the issue of subsidies — while many climate change policies rely heavily on the use of subsidies, WTO law considers subsidies a distortive force and aspires to limit the use of such measures. This article evaluates the compatibility of several climate change programs in light of the WTO law on subsidies. It argues that the current legal framework is unsuitable for the promotion of climate change abatement objectives. This is because relevant considerations such as the urgency of the climate change problem, the many market failures embedded in climate-friendly goods and services, and the political reality currently abundant in many states, are entirely disregarded by the WTO law on subsidies. The recent Canada FIT Panel and Appellate Body Reports seem to accept this critique, and consequently present a modified approach to the interaction between the WTO law on subsidies and the climate change challenge. Another promising route of action can be found in the model reflected in an agreement recently concluded between the EU and China, in which, prima facie, the parties decided to include non-commercial considerations as relevant for their own trading relations. These two recent developments may signify a change in the approach towards the interaction between trade law and climate change, as well as a realisation that the current legal framework should be re-evaluate

Catch Shares in Action: British Columbia Integrated Groundfish Program

The British Columbia Integrated Groundfish Program (Integrated Program) is one of the most comprehensive catch share programs in the world. The multi-species program includes over 70 species, 30 of which are managed via quota, and includes all commercial fishermen targeting groundfish, regardless of gear type. The program includes a number of innovative design features such as quota set-asides, which are meant to encourage community development and incentivize positive treatment of crew. Additionally, the program requires 100% individual accountability of all catch and uses an innovative monitoring and catch accounting system to support accountability