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作者:Aboueldahab, Noha
作者单位:Qatar Foundation (QF); Georgetown University in Qatar
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作者:Zalnieriute, Monika
作者单位:University of New South Wales Sydney
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作者:Shaffer, Gregory; Aaronson, Ely
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作者:Raina, Himanil
摘要:The entrenched understanding of the law governing nationality does not permit a state to look beyond a ship's flag and registration to ascertain its nationality during peacetime. Nonetheless, this very understanding also allows a state to pierce the veil of a ship's registration to ascertain its enemy character during wartime. However, the war in Ukraine has witnessed fresh state practice whereby states have claimed equivalent rights during peacetime as well, thus encouraging the concordant in...
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作者:Eichensehr, Kristen E.
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作者:Moyn, Samuel
作者单位:Yale University
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作者:Jia, Bing Bing
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作者:King, Alyssa S.; Bookman, Pamela K.
作者单位:Queens University - Canada; Fordham University
摘要:Around the world, domestic courts focused on commercial disputes hire foreign judges. The practice seems to resemble arbitration, but is also rooted in colonialism. These traveling judges are predominantly retired English judges hired by small, market-dominant jurisdictions, like Hong Kong or Dubai. The judges' identities reveal efforts to harness business preferences for English common law into domestic court systems. While judges aspire to spread the rule of law, local politics may dictate t...
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作者:Pauwelyn, Joost; Pelc, Krzysztof
作者单位:McGill University
摘要:For all the attention paid to the panelists and Appellate Body of the World Trade Organization (WTO), the Secretariat plays an overlooked and increasingly important role in the dispute settlement mechanism (DSM), including in selecting panelists, writing issue papers for adjudicators, providing economic expert advice, participating in internal deliberations, and drafting actual rulings. This Article argues that, given these functions, the DSM is better understood to be a sui generis administra...
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作者:Koskenniemi, Martti
作者单位:University of Helsinki