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作者:Severson, Daniel S.
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作者:Puig, Sergio
作者单位:University of Arizona
摘要:For years, tobacco interests have played an important role in developing international law. Recently, cooperation among nations concerned with the risks and health consequences of smoking tobacco has resulted in the adoption of international treaties, regional directives, and common administrative and regulatory practices. As a result, a wave of litigation before international courts and tribunals, including the European and Andean Courts of Justice, Investor-State Tribunals, and the World Tra...
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作者:Jain, Neha
作者单位:University of Minnesota System; University of Minnesota Twin Cities
摘要:General principles of law are a primary mechanism for gap-filling in international criminal law. However, their interpretation by tribunals has been fitful, contradictory, and misguided. Given that general principles have been used to settle crucial legal issues that affect the rights of the accused, the confusion concerning their application threatens the legitimacy of international criminal justice. This Article critiques the various conceptions of general principles developed by scholars an...
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作者:Heath, J. Benton
摘要:The gradual transfer of emergency power to the international level, as seen in the control of infectious disease outbreaks, creates new challenges for the legitimacy of global institutions. In particular, this Article contends, the expert nature of international bureaucracies fits awkwardly with the political decision making required of crisis managers, often producing decisions that appear neither scientifically nor politically justifiable. Worse, the ordinary deliberative mechanisms for smoo...
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作者:Koh, Harold Hongju
作者单位:Yale University
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作者:Lienau, Odette
作者单位:Cornell University
摘要:Since the emergence of the post-World War II international economic system, policymakers have lamented the absence of a global sovereign debt restructuring mechanism. This disappointment has only intensified in recent. years, as the failure to provide prompt, comprehensive, and lasting debt relief becomes even more apparent. As a result, scholars and key international actors have argued for the development of a more coherent global approach to debt workouts. But to date this discussion lacks a...
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作者:Tuninetti, Amanda
作者单位:Harvard University
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作者:Sanchez, Guillermo J. Garcia
作者单位:Harvard University
摘要:The research presented here challenges the contemporary view that the international investment regime has a chilling effect on host government policies. That critique errs in assuming that the effects of the modern bilateral investment treaties on decision making within host governments have been uniform across states and economic sectors. The main argument presented here is that in developing countries that depend on the oil and gas sectors, the international investment regime rarely deters h...
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作者:Wu, Mark
作者单位:Harvard University
摘要:In the past decade, the World Trade Organization has adjudicated over forty disputes between China and other powerful economies. These cases are often trumpeted as a sign of the enduring strength of the trade regime and the efficacy of international law in managing geopolitical tensions associated with China's rise. This Article suggests that this positive assessment obfuscates dangers lurking on the horizon. It explains why the rise of China presents a major challenge to the multilateral trad...
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作者:Goldsmith, Jack
作者单位:Harvard University