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作者：Brewster, Rachel
作者单位：Harvard University
摘要：International law scholars debate when international law matters to states, how it matters, and whether we can improve compliance. One of the few areas of agreement is that fairly robust levels of compliance can be achieved by tapping into states' concerns with their reputation. The logic is intuitively appealing: a state that violates international law develops a bad reputation, which leads other states to exclude the violator from future cooperative opportunities. Anticipating a loss of futu...
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作者：Franck, Susan D.
作者单位：Washington & Lee University
摘要：The legitimacy of investment treaty arbitration is a matter of heated debate, Asserting that arbitration is unfairly tilted toward the developed world, some countries have withdrawn from World Bank dispute resolution bodies or are taking steps to eliminate arbitration. In order to assess whether investment arbitration is the equivalent of tossing a two-headed coin to resolve investment disputes, this Article explores the role of development status in arbitration outcomes. It first presents des...
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作者：Watts, Sean
作者单位：Creighton University
摘要：This Article examines how the principle of reciprocity operates within the international lato of war. Tracing the historical development and application of the law, the Article demonstrates that the existing law of war derives from a set of rules that are contingent on reciprocity, Contrary to common understanding, reciprocity strongly influences states' interpretation and application of the law of war. The Article first identifies an obligational component of reciprocity that restricts operat...
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作者：Ramsey, Michael D.
作者单位：University of San Diego
摘要：This Article assesses efforts in U. S, courts, principally under the federal Alien Tart Statute, to hold foreign investors indirectly liable for human rights violations committed by the governments of countries in which they do business. Such claim, though intended as remedies for international law violations, create substantial tensions with international law in two respects. First, to the extent they purport to regulate the non-U.S. activities of non-U.S. entities, they may conflict with int...
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作者：Whiting, Alex
作者单位：Harvard University
摘要：Something of a consensus has emerged within the international community and among commentators that war crimes tribunals have been too slow to investigate, charge, and prosecute war crimes. While acknowledging the importance of expediency in international criminal prosecution, particularly for victims, this Article challenges the feasibility, and even the desirability, of quick investigations and prosecutions of war crimes. Relying on examples from the International Criminal Tribunal for the F...
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作者：Gelter, Martin
作者单位：Vienna University of Economics & Business
摘要：This article proposes a new, functional explanation of the different role of non-shareholder groups (particularly labor) in different corporate governance systems. The argument depends on the analysis of a factor that has so far received relatively little attention in corporate governance research: the level of shareholder influence on managerial decision making. Pro-employee laws mitigate holdup problems-opportunism from which shareholders benefit ex post, but which will deter firm-specific i...
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作者：Vora, Nilay
作者单位：Harvard University
摘要：After Sosa v. Alvarez-Machain. lawsuits against corporation under the Alien Tort Statute (ATS) hare become the focus of human rights litigation. One of the matt important legal issues in this area it horn corporate aiding and abetting liability operates in lawsuits alleging violations of customary international lain. Federal courts and legal commentators are split over whether federal common late) cant and should define the relevant standard for aiding and abetting liability. When recently con...
