2期

最新文章

• The Emerging Global Regime for Investment AI翻译
  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...
• Power, Exit Costs, and Renegotiation in International Law AI翻译
  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...
• Political Institutions and Judicial Role in Comparative Constitutional Law AI翻译
  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...
• Democratic Disobedience: Reconceiving Self-Determination and Secession at International Law AI翻译
  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...
• Universal International Law: Nineteenth-Century Histories of Imposition and Appropriation AI翻译
  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...