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“Inclusive Multilateralism” as the response to Rising Nationalism

The rising tide of nationalism has reached new peaks in 2016. The continued ascent of anti-immigrant parties throughout Europe was eclipsed by Brexit and the nomination of Donald Trump as the Republican candidate for the U.S. presidency. Before making a series of uncouth remarks, Trump was leading in most of the polls. Experts were baffled by the unanticipated popularity of these stark anti-globalization sentiments that cut across the traditional political divide between left and right and united Trump voters with Sanders followers. Continue reading

The FIFA Bribery Scandal and the Applicability of the United States’ RICO Act Abroad: Possible Implications for Private Global Governance Bodies

The governance of the global sport industry has thus far remained in private hands. Practically all major sport events including the Olympics have been regulated by private associations registered under domestic law (Swiss law being the most accommodating). Fearing the adverse consequences of intervention, governments refrained from attempting to discipline that industry, despite continuing accusations of mismanagement, corruption, and infringements of the rights of athletes – a classic example of a collective action failure.

But persistent allegations of corruption at the Fédération Internationale de Football Association (FIFA) ultimately provoked states’ reaction.

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Who Trusts the Trustees? (Answer: No One Should)

The concept “trustees of humanity” has attracted repeated criticisms since my 2013 Article appeared. Several commentators brought to mind numerous historical precedents for the disingenuous uses of “trust,” and drew attention to the particular danger of combining it with the concept of “humanity.” These concepts have been invoked to rationalize colonialism and foreign domination. As is well known, the European powers apportioned Africa among them ostensibly for “furthering the moral and material well-being of the native populations,” the League of Nations used trusteeship to justify a new form of colonialism, and the problematic relationship between occupier and occupied under the law of occupation has been referred to as trusteeship.

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A Global Perspective on the Regulation of Free Speech – Is there a Duty to Weigh the Rights of “Others”?

The controversial cartoons of the prophet Muhammad, published by the Danish journal Jyllands-Posten and the French Charlie Hebdo, raise fundamental legal questions concerning the global reach of laws regulating speech: Should state prosecutors and courts take into account the effects of the speech on those who find it offensive, even if the latter are foreigners who live thousands of miles away?

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Switzerland 1 – 0 FIFA

On 12 December 2014 Swiss politicians have passed a law that strengthens the oversight of more than 60 sports associations based there, including the Fédération Internationale de Football Association (FIFA) and the International Olympic Committee (IOC). Thus far sports bodies based in Switzerland were not obliged to register with the state or to publish their accounts. They benefitted from tax breaks, autonomy to govern their own affairs, and exemption from Swiss anti-corruption laws.

The so-called “Lex FIFA” will now designate the top officials of the sports associations residing in Switzerland as “Politically Exposed Persons” (PEPs) who, according to the Financial Action Task Force (FATF) rules could be subjected to corruption investigations.

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