作者:DiMascio, Nicholas; Pauwelyn, Joost
摘要:International trade and investment treaties both use national treatment provisions to prohibit discrimination against foreigners, but do so for different reasons. As disputes increasingly cross the boundary between trade and investment, the origin, evolution, and goals of the treaties require somewhat different applications of national treatment. At its core, however, national treatment prohibits only discrimination based on nationality, so in both contexts proof of a legitimate policy objecti...
作者:Mathew, Penelope
作者单位:Australian National University
作者:Ben-Naftali, Orna; Canor, Iris
作者单位:Max Planck Society
作者:Bettauer, Ronald J.
作者单位:George Washington University
作者:Knox, John H.
作者单位:Wake Forest University
摘要:Human rights have traditionally been seen as vertical, establishing rights for individuals and obligations for states. Recent proposals seek to reorient human rights law horizontally, imposing obligations directly on corporations and other private actors. These proposals fail to appreciate the horizontal effects of existing human rights law, and risk undermining its structure and opening the door to new restrictions on human rights.