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作者:Ioffe, Yulia
作者单位:University of Oxford
摘要:In Georgia v. Russia (I) (Just Satisfaction), the Grand Chamber of the European Court of Human Rights (ECtHR or Court) ordered the Russian Federation to pay Georgia EUR 10 million as reparation for Russia's coordinated policy of arresting, detaining and expelling Georgian nationals in the autumn of 2006 (paras. 51, 80). In so doing, the Court reaffirmed its position from Cyprus v. Turkey (IV) (Just Satisfaction) that financial compensation for non-pecuniary damage can be awarded in interstate ...
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作者:Van Schaack, Beth
作者单位:Stanford University
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作者:[Anonymous]
摘要:In a reversal of decades of U.S. foreign policy, on March 25, 2019, President Trump issued a presidential proclamation recognizing Israeli sovereignty over the Golan Heights, a strategic piece of territory captured by Israel from Syria during the Six-Day War in 1967. This move, which generated international criticism, is the latest in a series of actions by the Trump administration that advance the interests of the Israeli government.
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作者:Gantz, David A.
作者单位:University of Arizona
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作者:Lee, Seokwoo; Lee, Seryon
作者单位:Inha University; Jeonbuk National University
摘要:On October 30, 2018, the South Korean Supreme Court, in an 11-2 decision, upheld the judgment of the lower court, which ordered New Nippon Steel Corporation, a Japanese company, to provide KRW 100 million (approximately USD 84,000) in compensation to each of the four plaintiffs, who were forced to work at Japanese steel mills during World War II. In an earlier 2012 decision, the Supreme Court remanded the case after holding that the claims were not precluded by the Agreement on the Settlement ...
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作者:Mehling, Michael A.; van Asselt, Harro; Das, Kasturi; Droege, Susanne; Verkuijl, Cleo
作者单位:Massachusetts Institute of Technology (MIT); University of Strathclyde; University of Eastern Finland; Johns Hopkins University
摘要:The Paris Agreement advances a heterogeneous approach to international climate cooperation. Such an approach may be undermined by carbon leakage-the displacement of emissions from states with more to less stringent climate policy constraints. Border carbon adjustments offer a promising response to leakage, but they also raise concerns about their compatibility with international trade law. This Article provides a comprehensive analysis of border carbon adjustments and proposes a way to design ...
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作者:Ostdiek, Bennett; Witt, John Fabian
作者单位:Yale University; Yale University; Yale University; Yale University
摘要:In 1822, the Russian czar resolved a dispute over compensation for slaves fleeing to British lines during the War of 1812. American observers have long asserted that this canonical decision favored the United States. But new debate has recently arisen among historians. Uncovering evidence from diplomatic archives, this Article concludes that the czar did indeed side with the United States. Moreover, the case demonstrates how nineteenth-century American statesmen pressed international law into ...
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作者:[Anonymous]
摘要:On February 1, 2019, the United States District Court for the District of Columbia granted a motion for default judgment and entered a $302,511,836.00 award against the Syrian Arab Republic (Syria). The court found the Syrian government liable for the death of Marie Colvin, who died in an artillery shelling on February 22, 2012, at a media center in the city of Homs. Colvin was a heralded war correspondent who had previously cover[ed] conflict zones in Iraq, Chechnya, the Balkans, East Timor, ...
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作者:Cotula, Lorenzo; Gathii, James T.
摘要:In Cortec v. Kenya, an investor-state arbitral tribunal established under a bilateral investment treaty (BIT) held it lacked jurisdiction to hear a dispute concerning a mining project that the tribunal found did not comply with domestic environmental law. The award raises significant issues of public international law, including how questions of investor compliance are considered in investor-state dispute settlement and the legal implications of investor noncompliance. The issues resonate with...
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作者:Sykes, Alan O.
作者单位:Stanford University; Stanford University
摘要:This Article argues that international investment agreements (IIAs) serve a dual economic function-to discipline host country policies that impose international externalities on foreign investors, and to curtail inefficient risks associated with agency costs, risk aversion, asymmetric information, and time inconsistency problems that uneconomically increase the cost of imported capital in host countries. It draws on the economic analysis to explain central features of IIAs and their evolution ...