作者:Hakimi, Monica
作者单位:University of Michigan System; University of Michigan
作者:Veroneau, John K.; Gibson, Catherine H.
作者:Ratner, Steven R.
作者单位:University of Michigan System; University of Michigan
摘要:When a state expropriates a foreign investment in violation of an investment treaty, where should a tribunal look for a compensation standard? Tribunals have offered wildly different answers, trapped in a paradigm that distinguishes between lawful and unlawful expropriations. This article evaluates and criticizes the case law, offering a new framework grounded in five purposes of a remedy. Compensation should take account of specific aspects of the expropriation, including whether the state's ...
作者:Childress, Donald Earl, III
作者单位:Pepperdine University
作者:Linos, Katerina; Pegram, Tom
作者单位:University of California System; University of California Berkeley; University of London; University College London
摘要:Since 1993, the United Nations has promoted national human rights institutions (NHRIs); these have spread to almost 120 countries. We assess what makes NHRIs effective, using quantitative and qualitative methods. We find that formal institutional safeguards contribute greatly to NHRI efficacy even in authoritarian and transition regimes. Complaint-handling mandates are particularly useful because they help NHRIs build broad bases of support. Our findings show how international organizations ca...