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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：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：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：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...
