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作者:Nguyen, Trang (Mae)
作者单位:Pennsylvania Commonwealth System of Higher Education (PCSHE); Temple University
摘要:Most consumers are familiar with brand names like Apple, Nike, and H&M, but few have heard of the actual offshore multinational enterprises that make their products: Foxconn, Yue Yuen, TAL Apparel, and many others. This Article argues that these companies-whom I call Big Suppliers-represent a new crop of hidden corporate powers that have transformed the legal organization of global trade and production. In today's made in the world era, transnational suppliers, not brands, are the true quarter...
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作者:Wu, Cecilia Yue
作者单位:Harvard University
摘要:The principle of non-intervention, which prohibits states from coercively interfering in the domestic affairs of other states, is well -established in customary international law. Yet underneath the general support for the principle is substantial disagreement over its proper scope and application. The principle is subject to even greater challenge in a globalized world where the penetration of sovereignty is often taken as the goal of progressive development in areas of international human ri...
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作者:Iwasawa, Yuji
作者单位:University of Tokyo; University of Tokyo
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作者:Svoboda, Emma
作者单位:Harvard University
摘要:In six decades of U.N. peacekeeping operations, the presence of U.N. military units in some of the planet's most unstable conflict zones has led to the births of tens of thousands of Peacekeeper Fathered Children (PKFC). Mothers of PKFC seeking acknowledgments of paternity or child support payments have been stonewalled by the United Nations; the organization has used its legal immunities to absolve itself of any responsibility to connect abandoned children with their peacekeeper fathers. This...
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作者:Modirzadeh, Naz Khatoon
作者单位:Harvard University
摘要:Third World Approaches to International Law (TWAIL) has aspirations to transform the tools and institutions of international law-which have served for centuries to construct, enact, and extend Western exploitation and domination-into tools and institutions for Global South empowerment, agency, and freedom. Characterizing itself as an intellectual and political movement, TWAIL promises to pave a path forward through a combination of scholarship and politics to achieve radical change. In this Ar...
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作者:Claussen, Kathleen
作者单位:Georgetown University
摘要:At the core of U.S. economic governance, there is a novel and under -noticed phenomenon that challenges longstanding frameworks of international law and corporate compliance. This practice, which this Article terms the new trade policing, has extraordinary reach. Recent regulatory makeovers and pathbreaking statutes empower our trade agencies to target, for the first time, companies, rather than foreign governments, as used to be their purview. Trade police now pursue companies wherever they m...
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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: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: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: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 ...