-
作者：Roberts, Anthea
作者单位：University of London; London School Economics & Political Science; Columbia University
摘要：Most investment treaties contain two dispute resolution clauses: one permitting investor-state arbitration for investment disputes and the other permitting state-to-state arbitration for disputes concerning the treaty's interpretation and/or application. Despite this duality, the potential role of state-to-state arbitration, and its proper relationship with investor-state arbitration, have largely been ignored. However, recent cases, including Peru v. Chile, Italy v. Cuba, and Ecuador v. Unite...
-
作者：Fiala-Butora, Janos; Stein, Michael Ashley; Lord, Janet E.
作者单位：Harvard University; Harvard University; Harvard University; William & Mary; Syracuse University; University System of Maryland; University of Maryland College Park
摘要：This Article puts forward preliminary legal scholarship on equal political participation by persons with disabilities and what international human rights law requires for its attainment. The goal is to provoke an informed dialogue on the neglected but fundamental human right to enfranchisement by persons with disabilities while also acknowledging that a complete and just resolution requires further information and reflection. The Article argues that the fundamental right to vote cannot be curt...
-
作者：Lee, Thomas H.
作者单位：Fordham University
摘要：Two seemingly unrelated crises implicating the law of war and the responsibility to protect civilians have arisen in recent years. In 2013, the United States considered military intervention without U.N. Security Council preapproval in Syria after discovering that the government had exterminated its own people with chemical agents. In 2014, Russia sent troops into Crimea, a part of Ukraine, to protect ethnic Russians that Russia claimed were in danger after a political coup in the country. In ...
-
作者：Rolland, Sonia E.
作者单位：Northeastern University
摘要：Lead paint toys and tainted baby formula milk from China, along with other scares involving consumer goods, have focused the public's attention on the risks of a global supply chain that no state controls. Yet, domestic instruments available to protect consumers against unsafe or undesirable foreign goods and services are limited. This Article uses a comparative legal perspective to explore what shapes international trade regimes to be more or less consumer oriented, using primarily EU law as ...
-
作者：Katzenstein, Suzanne
摘要：Why do governments create international courts even though doing so requires a sacrifice of sovereignty? Current scholarship provides only partial insight into this question. It has focused almost exclusively on existing international courts, overlooking the vast number of failed attempts at international judicialization. This Article offers one of the first systematic and historically-grounded analyses of attempts to create international courts throughout the 20th century, evaluating both suc...
-
作者：van Aaken, Anne
作者单位：University of St Gallen
摘要：Whereas the rational choice approach to international law has been widely accepted in legal scholarship and international relations theory, challenges to the rational choice paradigm in economic analysis of international law have hitherto not been systematically explored. Nevertheless, behavioral law, economics and psychology have been successfully applied to national law constellations. Behavioral economic insights have furthermore been used in international relations scholarship under the he...
-
作者：Klingler, Joseph
-
作者：Wang, Carol
作者单位：Harvard University
摘要：Rule of law practitioners have defined rule of law as a way to achieve several objectives. Three commonly cited objectives are that rule of law should: 1. hold the governing powers accountable and limit official arbitrariness; 2. allow people to plan their affairs with reasonable confidence through open, clear, and stable rules where the state monopolizes the use of violence in the resolution of disputes; and 3. protect fundamental rights such as those embodied by the Universal Declaration of ...
-
作者：Hakimi, Monica
作者单位：University of Michigan System; University of Michigan
摘要：This Article examines a category of conduct that I call unfriendly unilateralism. One state deprives another of a benefit (unfriendly) and, in some cases, strays from its awn obligations (noncompliant), outside any structured international process (unilateral). Such conduct troubles many international lawyers because it looks more like the nastiness of power politics than like the order and stability of law. Worse, states can abuse the conduct to undercut the law. Nevertheless, international l...
-
作者：Neuman, Gerald L.
作者单位：Harvard University
