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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:Modirzadeh, Naz Khatoon
作者单位:Harvard University; 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:Dvoskin, Brenda
作者单位:Georgetown University; Harvard University
摘要:In a world of fundamental disagreements about how social media companies should govern speech, it is striking that nearly everyone agrees that online speech governance should be based on human rights. The which a corporate technocracy applies a set of exogenous principles imagined as objective and global. Ultimately, this governance model shifts power to experts under the illusion of empowering the people. To support these claims, this Article unveils the intellectual work that scholars, U.N. ...
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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 rig...
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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 highprofile victories and examples of regulator y 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 ...