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作者：Sharon, Ori
作者单位：George Mason University
摘要：Worldwide, there are approximately sixty states for which sea level rise is an existential threat. Described as the sinking island states, these low-lying ocean nations are battling with challenges that no other state has ever experienced. From a legal perspective, for the first time in human history, law must address the legal consequences of state extinction. One aspect of this new phenomenon is the question of what is to happen to the natural resource rights of a state that no longer exists...
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作者：Minow, Martha
作者单位：Harvard University
摘要：In the aftermath of crimes against humanity and gross violations of human rights, should international legal institutions promote the use of criminal sanctions or instead support forgiveness and reconciliation? Either response is better than silence, but comparing prosecutions and reconciliatory steps brings tough choices, both legally and politically. Adversarial criminal prosecution holds the promise of generating facts, holding individuals accountable, and deterring future horrific conduct,...
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作者：Baaij, C. J. W.
作者单位：University of London; Queen Mary University London
摘要：A handful of powerful transnational private institutions provide the bulk of cross-border or international commercial arbitration (ICA). The conventional thinking is that these institutions have significant autonomy and principally operate global contract dispute resolution outside the influence of state institutions. This Article argues to the contrary. Its study of the birth of transnational arbitral institutions in the 1910s sheds new light on the inherent and critical dependency of arbitra...
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作者：Hirschboeck, Mark
作者单位：Harvard University
摘要：In the domestic context, constitutional and private law regimes sit together in an uneasy posture. To reconcile them, domestic regimes tend to articulate some theoretical mechanism of interaction. For example, in the United States, the state action doctrine attempts to mediate the relationship, while in Canada and Germany, the theory of indirect horizontal effect plays an analogous role. This Note explores the possibility of a corresponding tension at the international level. At least in conce...
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作者：Chen, Richard C.
作者单位：University of Maine System; University of Maine School of Law; University of Maine Orono
摘要：Since the turn of the century, investment treaty arbitration (ITA) tribunals have begun citing past decisions with increasing frequency. They do so despite the absence of any formal doctrine of stare decisis and the presence of structural obstacles to the use of precedent in this context. Scholarship in this area has focused on explaining the rise of this de facto doctrine of precedent and evaluating the merits of the practice. Few have grappled with more practical questions about how preceden...
