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作者：Duggal, Kabir
作者单位：Harvard University
摘要：This Note offers a historically grounded reappraisal of the origins and conceptual architecture of the fair and equitable treatment (FET) standard in international investment law, challenging the entrenched orthodoxy that treats FET as a doctrinal derivative of the customary international law minimum standard of treatment (MST) and, in particular, the canonical formulation articulated in Neer v. Mexico. Drawing on a meticulous examination of contemporaneous archival materials and U.S. treaty p...
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作者：Betin, Batuhan
摘要：This Article argues third states ought to be allowed to rely on common interests underpinning rights and obligations erga omnes and erga omnes partes in order to successfully intervene in disputes before the International Court ofJustice in which those same norms are being litigated. Using Nicaragua's since withdrawn application to intervene in Application of the Convention on the Prevention and Punishment of the Crime of Genocide in the Gaza Strip (South Africa v. Israel) as a demonstrative, ...
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作者：Off, Henry
摘要：This Article provides the first in-depth analysis of the oversight and misunderstanding by international criminal justice mechanisms of the role that legal professionals and institutions play in the commission of international crimes. The Article first identifies a particular form of international crime rooted in domestic structures and institutions. These crimes of law produce systemic violence that extends beyond individual criminal acts. Without a legal conception of institutional crime, ac...
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作者：Huneeus, Alexandra; Rueda-Saiz, Pablo
作者单位：University of Wisconsin System; University of Wisconsin Madison; University of Miami
摘要：War is not just a human tragedy-it is an environmental catastrophe. Across the globe, armed conflicts leave behind oil-slickened rivers, poisoned soils, and forests reduced to barren landscapes. These harms last for generations, but they are not borne equally. The peoples who live most intimately with the land-drawing from it food, water, culture, and identity-suffer the most enduring losses. Their very existence as a people may be put at risk. This Article asks: How have the laws of war addre...
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作者：Dixon, Rosalind; Landau, David
作者单位：University of New South Wales Sydney; State University System of Florida; Florida State University
摘要：An extensive literature examines transformative constitutionalism: the growing tendency of constitutions around the world, especially in the Global South, to seek to transform politics and society to reduce poverty, increase inequality, and achieve other goals. Transformative constitutionalists emphasize the creation of newer rights, including economic and social rights, environmental rights, digital rights, and beyond. They also encourage innovation in judicial decision-making as a key route ...
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作者：Larkin, Andrew
作者单位：New York University
摘要：Multinational businesses have used a highly enforceable, specialized treaty regime to turn their plans into international rights that trump national laws. Through the investment regime, businesses have acquired substantial latitude to make decisions about the public impacts of their projects, including on sensitive issues of environmental protection, Indigenous Peoples' rights, and national development strategies, even when those decisions conflict with the law of the state in which they are o...
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作者：Martins, Joao Vitor Gomes
作者单位：Harvard University
摘要：The implementation of the OECD/G20's Global Anti-Base Erosion (GloBE) Rules-commonly known as Pillar Two-marks a paradigm shift in international tax policy by establishing a coordinated global minimum corporate tax regime. While much of the early commentary has focused on its macroeconomic or policy implications, this Note examines how Pillar Two redefines the legal and commercial contours of cross-border mergers and acquisitions. Specifically, it explores how this regime disrupts conventional...
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作者：Luster, Tamar
作者单位：Tel Aviv University
摘要：In March 2025, Israel's Supreme Court upheld the legality of Israel's restrictions on humanitarian aid into Gaza, rejecting a petition brought by Israeli non-governmental organizations. The ruling came amidst intensifying international debate over whether Israel's conduct amounts to genocide and the issuance of international arrest warrants against top Israeli leaders for the war crime of starvation. This Article critically examines the Supreme Court decision to demonstrate how norms of intern...
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作者：Levine-Spound, Daniel
作者单位：Harvard University; Harvard University
摘要：On January 27, 2025, the Rwandan military and an armed proxy group known as the March 23 Movement seized Goma-a city of over one million people in the Democratic Republic of the Congo (DRC)-in a lightning offensive. Two weeks later, they took over Bukavu, the second-largest city in eastern DRC. These advances are two of the most significant episodes in an armed conflict that began in November 2021 and has led to widespread extrajudicial killings, sexual violence, forced recruitment, and the di...
