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作者：Kim, Minwoo
作者单位：Harvard University
摘要：The rise of modern state capitalism has cast doubt on the current global economic system and its assumption of a clear division between state and market. At the core of this systemic challenge are the state-owned enterprises of the 21st century. Unlike their predecessors, the state-owned enterprises of today have been transformed into powerful tools for global competition, shrouded under corporate veils. With the existing legal framework both unyielding and unprepared to accommodate these new ...
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作者：Born, Gary B.; Raviv, Adam
摘要：This article examines the widely publicized international arbitration that took place in 2008-2009 to determine the boundaries of the Abyei region of southern Sudan in the wake of decades of civil war. On the surface, the Abyei Arbitration is a striking example of how arbitration can resolve even the most intractable international disputes. But a closer examination suggests an award that invoked principles of judicial restraint and the rule of law, but compromised those principles by disregard...
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作者：Trachtman, Joel P.
摘要：Free trade and national environmental protection measures are not always consistent. Yet, the parties to the WTO decided, and committed in WTO law, that even where a national environmental protection measure would otherwise violate a free trade rule of the GATT or GATS, the national environmental measure would generally be permitted, subject to certain conditions. It is important to recognize that member states of the WTO were serious both about allowing great flexibility for national environm...
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作者：Salacuse, Jeswald W.
作者单位：Tufts University
摘要：This article examines the potential association of investment treaties with the quantity and cost of capital flows to developing countries. Whereas previous research on the effect of bilateral investment treaties (BIT) on capital flows has focused almost exclusively on direct foreign investment (DFI), this article examines total flows of all types. It also asks a question ignored by previous studies: Do investment treaties affect the cost that a developing country must pay for the capital it r...
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作者：Heller, Kevin Jon
作者单位：University of Amsterdam; University of London; University of London School Oriental & African Studies (SOAS)
摘要：The question what is an international crime? has two aspects. First, it asks us to identify which acts qualify as international crimes. Second, and more fundamentally, it asks us to identify what is distinctive about an international crime. Some disagreement exists concerning the first issue, particularly with regard to torture and terrorism. But nearly all states, international tribunals, and ICL scholars take the same position concerning the second issue, insisting that an act qualifies as a...
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作者：Smith, Ann
作者单位：Harvard University
摘要：In recent years, international adoption has faced increasing criticism for the presence of humanitarian aid that flows through the system. Critics argue that the presence of humanitarian aid corrupts the process, and distorts the priorities of nations to search for domestic placement for children first, as required by many international conventions. This Note explores these ideas by examining the extent of international aid that flows through the system, but also the tools available to curb ab...
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作者：Mitchell, Ryan
作者单位：Chinese University of Hong Kong
摘要：Realist critical views on international law discount the idea that external norms determine the behavior and objectives of states. However, they risk replicating the very positions they criticize as a result of two errors. First, they frequently assume that legal norms have clear and uncontested meanings that all observers will agree upon. Second, they assume the preexistence of the state as a rational, self-interested actor. Where interests overlap with norms, then, states will presumably com...
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作者：Hakimi, Monica
作者单位：University of Michigan System; University of Michigan
摘要：This Article crystallizes and then critiques a prominent view about the role of international law in the global order. The view-what I call the cooperation thesis-is that international law serves to help global actors cooperate, specifically by: (1) curbing their disputes, and (2) promoting their shared goals. The cooperation thesis often appears as a positive account of international law; it purports to explain or describe what international law does. But it also has normative force; internat...
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作者：Vadi, Valentina
作者单位：Lancaster University
摘要：The history of international law has recently come to the forefront of legal debate. Broadly defined as the field of study that examines the evolution of public international law and investigates state practice, the development of given legal concepts and theories, and the life and work of its makers, in recent years, the history of international law has attracted growing attention. Despite this flourishing, the history of international law is still in search of a proper methodology. Two cultu...
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作者：Combs, Nancy Amoury
作者单位：William & Mary
摘要：International criminal courts carry out some of the most important work that a legal system can conduct: prosecuting those who have visited death and destruction on millions. Despite the significance of their work or perhaps because of it international courts face tremendous challenges. Chief among them is accurate fact-finding. With alarming regularity, international criminal trials feature inconsistent, vague, and sometimes false testimony that renders judges unable to assess with any measur...
