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最新文章

• State-to-State Investment Treaty Arbitration: A Hybrid Theory of Interdependent Rights and Shared Interpretive Authority AI翻译
  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...
• The Democratic Life of the Union: Toward Equal Voting Participation for Europeans with Disabilities AI翻译
  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...
• In the Shadow of Crisis: The Creation of International Courts in the Twentieth Century AI翻译
  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...
• Rule of Law in Afghanistan: Enabling a Constitutional Framework for Local Accountability AI翻译
  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 ...
• Unfriendly Unilateralism AI翻译
  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...