-
作者：Burke-White, William W.
作者单位：University of Pennsylvania; University of Pennsylvania
摘要：For most of the past sixty years, the United States and Europe have led, independently and collectively, the international legal system. Yet, the rise of Brazil, Russia, India, and China (the BRICs) over the past decade has caused a profound transformation of global politics. This paper examines the implications of this redistribution of power for international law. While international lawyers have long debated the ability of law to constrain state behavior, this paper shifts the debate from t...
-
作者：Roberts, Anthea
作者单位：Columbia University; University of London; London School Economics & Political Science
摘要：Investment treaties should be reconceptualized as triangular treaties, i.e., agreements between sovereign states that create enforceable rights for investors as non-sovereign, third-party beneficiaries. State A (the host state) agrees to provide certain protections to investors coming from State B (the home state) and vice versa. If the investor considers that these protections have been violated, investment treaties also grant the investor permission to bring an arbitral claim directly agains...
-
作者：Sainati, Tatiana
摘要：For decades, the European Court of Human Rights (ECtHR) has served as a bright beacon of hope for advancing human rights. Yet in recent years, a flood of applications has threatened to drown the institution entirely. In an effort to stay afloat amid the growing tide of cases, the Court instituted the so-called pilot-judgment procedure. Through this procedure, the Court attempts to address systemic violations on the domestic level that give rise to large numbers of repetitive applications by ad...
-
作者：Gardner, Maggie
作者单位：Harvard University
摘要：When crime reaches across borders to threaten human security or undermine democracy, states often respond by adopting multilateral treaties that obligate each of them to suppress the transnational crime at home. These treaties help, but only to the extent that parties comply with them. Because states generally cannot enforce their laws outside their own territory, transnational criminals can evade prosecution as long as some states are unable or unwilling to meet these treaty commitments. One ...
-
作者：Severson, Daniel
作者单位：United States Department of Defense
摘要：This Note explores why, as a matter of law and policy, the U.S. government has not extended more privacy protections to foreigners subject to signals intelligence activities conducted outside the United States. Edward Snowden's unauthorized disclosures generated significant international pressure on the United States to reform its surveillance practices, including extending more privacy protections to foreigners. The U.S. government responded by increasing transparency and offering policy refo...
-
作者：Sarfaty, Galit A.
作者单位：University of British Columbia
摘要：This Article analyzes the effectiveness of emerging domestic legislation on global supply chain transparency with respect to human rights and labor practices. It draws from a quantitative and qualitative study of the implementation of recent U.S. conflict minerals legislation, section 1502 of the Dodd-Frank Financial Reform Act, which is driving global norms in this area and serving as a guide for comparable domestic legislation abroad. This Article's analysis of section 1502 reveals a due dil...
-
作者：Arato, Julian
摘要：This Article argues that multinational corporations have acquired the power to create primary rules of international law, at stark cost to the state's regulatory autonomy. It is widely recognized that states have granted private business corporations significant capacities to act on the international stage, including the capacity to bear international legal rights and even to directly enforce their rights through compulsory international adjudication, But what has gone relatively unnoticed is ...
-
作者：Liu, Jodie
作者单位：Harvard University
摘要：During the last quarter of the twentieth century, India was known as the Pharmacy of the Developing World a critical source of inexpensive, life-saving drugs for the world's most impoverished populations. But when India joined the World Trade Organization in 1995, it became subject to the Agreement on Trade Related Aspects of Intellectual Property (TRIPS), which required it, among other things, to restore product patents on drugs by a certain date. India's 2005 Amendments to the Patents Act di...
-
作者：Milanovic, Marko
作者单位：University of Nottingham
