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作者：Qiao, Shitong
作者单位：Duke University
摘要：Can there be a highly developed financial market without legal protection for investors and creditors? The influential law and finance literature is built on the assumption that legal protection is essential to the development of an impersonal financial market. This Article investigates how two financial markets of trillions of dollars have developed extralegally in the past two decades despite the risk of regulatory enforcement and contract defaults. Specifically, I examine (1) how Chinese in...
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作者：Rogers, Catherine A.
作者单位：Bocconi University
摘要：Despite the popularity of the age-old practice, several prominent arbitrators and industry leaders have proposed eliminating party appointed arbitrators. These critics contend that party appointment injects bias into a tribunal that is supposed to be impartial. Various empirical studies seem to confirm the uncomfortable contradiction between the rhetoric of impartiality and the purportedly biased conduct of party-appointed arbitrators. Most of these empirical claims, however, are deeply flawed...
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作者：Bello y Villarino, Jose-Miguel
作者单位：University of Sydney
摘要：A first step in sensibly discussing the challenges of preventing and combating corruption at the international level is to comprehend the existing anticorruption regulatory framework and, particularly, its limitations. This Article offers an overview of more than twenty-five years of international anticorruption instruments, providing a novel understanding of the dynamics behind them. It suggests that this quarter of a century can be better interpreted if we divide it into four different perio...
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作者：Fox, Gregory H.; Novogrodsky, Noah B.
作者单位：Wayne State University; Wayne State University; University of Wyoming; University of Wyoming
摘要：International law has traditionally protected aliens against unlawful expropriations by host states. After World War II, citizens gained protection against property being taken by their own governments. In Federal Republic of Germany v. Philipp (2021), the U.S. Supreme Court held that the Takings Exception to the Foreign Sovereign Immunities Act (28 U.S.C. 1605(a)(3)) incorporated international law's protections against alien property deprivation but not protections for citizens. The Court did...
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作者：Hasin, Gershon
作者单位：Yale University
摘要：Developing activities in outer space, many driven by private actors, coincide with the resurgence of competing systems of world public order. An authoritarian bloc, led by China and Russia, promotes a competing world order based on values, including authoritarian capitalism, that differ greatly from the liberal rules-based public order led by the United States. In the space arena, interactions are complicated by two changing circumstances: the divergence between two frameworks, the U.S.-led Ar...
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作者：Rao, Weijia
作者单位：George Mason University
摘要：Policymakers and scholars have expressed concerns about growing corporate influence over government regulations, including in the context of investor-state dispute settlement (ISDS). Encouraged by high-profile victories and examples of regulatory chill, critics of ISDS have argued that it excessively serves large multinational corporate interests at the expense of government regulatory agendas. In part due to such criticisms, various proposals have been made, including the replacement of ISDS ...
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作者：Avi-Yonah, Reuven; Kim, Young Ran (Christine); Sam, Karen
作者单位：University of Michigan System; University of Michigan; Yeshiva University
摘要：The international tax regime has wide implications for business, trade, and the international political economy. Under current law, multinational enterprises do not pay their fair share of taxes to market countries where profits are generated because market countries are only allowed to tax companies with a physical presence there. Digital companies, like Google and Amazon, can operate entirely online, thereby avoiding market country taxes. Multinationals can also exploit existing tax rules by...
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作者：Chen, Minhao Benjamin; Li, Zhiyu
作者单位：University of Hong Kong; Durham University; Durham University
摘要：Like courts everywhere else, socialist courts are tasked with settling disputes. Their decisions are backed by the force of law. But unlike courts everywhere else, socialist courts are also required to support official ideology and policies. They are subject to legislative supervision and party leadership in the performance of their duties. The repudiation of the notion of separation of powers and the instrumental conception of law are conventionally taken to be defining-and defective-aspects ...
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作者：Fox, Gregory H.; Novogrodsky, Noah B.
作者单位：Wayne State University; University of Wyoming
摘要：International law has traditionally protected aliens against unlawful expropriations by host states. After World War II, citizens gained protection against property being taken by their own governments. Exception to the Foreign Sovereign Immunities Act (28 U.S.C. 1605(a)(3)) incorporated international law's protections against alien property deprivation but not protections for citizens. The Court did so, in part, because international law's traditional inapplicability to citizen takings, in it...
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作者：Zhang, Angela Huyue
作者单位：University of Hong Kong
摘要：This Article develops the five -element HAPPY model to study Chinese regulation: the regulatory process is hierarchical, the top leadership is adaptable, the Chinese regulators are parochial, the firms are pliant and the Chinese public need to yelp to be heard. By focusing on China's great reversal in regulating the platform economy, I show that Chinese policy volatilities have stemmed from the hierarchical structure in which power is centralized among top leaders, who also suffer from a chron...
