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作者：Salacuse, Jeswald W.
作者单位：Tufts University
摘要：Although the 3000 international investment treaties concluded since the end of World War II are separate and distinct international legal instruments, they constitute, as a group, an emerging global regime for investment. Drawing on regime theory from the field of international relations, this Article examines the elements of the international investment regime, the reasons for its development, the goals that it pursues, and the challenges that it faces. While having all the characteristics of...
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作者：Meyer, Timothy
作者单位：University System of Georgia; University of Georgia
摘要：Scholars have long understood that the instability of power has ramifications for compliance with international law. Scholars have not, however, focused on how states' expectations about shifting power affect the initial design of international agreements. In this paper, I integrate shifting power into an analysis of the initial design of both the formal and substantive aspects of agreements. I argue that a state expecting to become more powerful over time incurs an opportunity cost by agreein...
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作者：Mortenson, Julian Davis
摘要：Tribunals have sharply curtailed the categories of investment eligible for protection under international investment law's keystone treaty. the ICSID Convention. This Article urges them to reverse that trend and recognize that ICSID has jurisdiction over arty plausibly economic asset or activity. Tribunals' sudden constriction of what constitutes investment arises in the first instance from a widespread historical misunderstanding. Commentators have commonly acted as though the Convention's em...
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作者：Landau, David
作者单位：Harvard University
摘要：Comparative constitutional law scholarship has largely ignored political institutions. It has therefore failed to realize that radical differences in the configuration of political institutions should bear upon the way courts do their jobs. This Article develops a comparative theory of judicial role that focuses on broad differences in political context, and particularly in party systems, across countries. I use the jurisprudence of the Colombian Constitutional Court (supplemented by briefer s...
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作者：Dannenbaum, Tom
作者单位：Yale University; Princeton University
摘要：When United Nations peacekeepers violate human rights. they do immeasurable damage to their victims, their missions, and themselves. Reparation for these wrongs is essential for both rebuilding the trust that is needed for effective peacekeeping and affirming the human dignity of those who stiffer the abuse. However, because of the unique status of peacekeepers as both troops in their respective national services and members of an international U.N. force, the question of which entity is liabl...
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作者：Ohlin, Jens David
作者单位：Cornell University
摘要：One of the longest shadows cast by the Bush Administration's War on Terror involves the fate of the torture lawyers who authored or signed memoranda regarding torture or enhanced interrogation techniques against detainees. Should they face professional sanction or even prosecution for their involvement? The following Article suggests that their fate implicates some of the deepest questions of criminal law theory and that resolution of the debate requires a fundamental reorientation of the most...
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作者：Seshagiri, Lee
作者单位：University of Victoria
摘要：This Article seeks to better define the scope of the right to self-determination at international law and its relationship with unilateral secession. After an introductory overview, Part I begins by rooting internal self-determination in five societal institutions that support democratic rule. Among these institutions is the recognition of the fallibility of political systems and the acceptance of civil disobedience as an expressive claim for a new legal order. Part II seeks to uncouple extern...
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作者：Lorca, Arnulf Becker
作者单位：University of London; King's College London
摘要：Governing interstate relations across the globe, contemporary international law is universal. But this is a relatively recent phenomenon: until the nineteenth century, the laws regulating interactions between sovereign polities were circumscribed to discrete regions of the world. How did international law become universal? This article critiques the assumption, held by most scholars, that this process was one of European expansion, arguing instead that international law universalized when juri...
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作者：de Burca, Grainne
作者单位：Fordham University
摘要：This Article examines the response of European courts-and in particular of the European Court of Justice (ECJ)-to the dramatic challenges to the U.N. Security Council's anti-terrorist sanctions regime recently brought before the courts. The ECJ in Kadi annulled the European Community's implementation of the Security Council's asset-freezing resolutions on the ground that they violated European Union (EU) norms of fair procedure and of property protection. Although Kadi has been warmly greeted ...
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作者：Woods, Andrew K.
作者单位：University of Cambridge
摘要：For the last sixty years, scholars and practitioners of international human rights have paid insufficient attention to the ground level social contexts in which human rights norms are imbued with or deprived of social meaning. During the same time period., social science insights have shown that social conditions can have a significant impact on human behavior. This Article is the first to investigate the far-ranging implications of behavioralism-especially behavioral insights about social inf...
