作者:Sand, Peter H.
作者单位:University of Munich
作者:Chilton, Adam S.
作者单位:University of Chicago
作者:Barkin, J. Samuel; Rashchupkina, Yuliya
作者单位:University of Massachusetts System; University of Massachusetts Boston
摘要:The concept of public goods is often operationalized in the literature as anything that demands some form of international cooperation. While this may be politically useful in generating international cooperation, it is analytically problematic for designing international law with the purpose of enhancing international cooperation. Many of the issues characterized as public goods are in fact common pool resources, which pose distinct issues for international cooperation and demand different le...
作者:Cope, Kevin L.; Versteeg, Mila
作者单位:University of Virginia; University of Virginia
作者:Bosco, David
作者单位:Indiana University System; Indiana University Bloomington
作者:Gray, Christine
作者单位:University of Cambridge
作者:Ratner, Steven R.
作者单位:University of Michigan System; University of Michigan
作者:Batifort, Simon; Heath, J. Benton
摘要:This article challenges the conventional wisdom that MFN clauses in investment treaties can always be used to import substantive standards of treatment (e.g. FET). It argues that most tribunals permitting this use of MFN clauses have relied on presumptions and have ignored meaningful variations among clauses. It also points out that states are increasingly questioning the conventional view, and that a recent arbitral award has firmly rejected an attempt to use an MFN clause to import substanti...