作者:Das, Sannoy
摘要:The most-favored-nation obligation, as an expression of a non-discrimination norm, is often described as fundamental for international trade law. But does MFN deserve this normative halo? This Article traces the historical emergence of MFN-as-fundamental mythology, unearthing its origin in three controversial twentieth-century projects. Rather than promoting non-discrimination, MFN was historically used to draw discriminatory boundaries-between imperial powers and colonies and between West and...
作者:Tokas, Marios
作者单位:University of Copenhagen
作者:Borda, Aldo Zammit; Mandelbaum, Stefan; Pelliconi, Andrea Maria
摘要:A key finding to emerge from the ongoing work of the special rapporteur of the International Law Commission (ILC or Commission) on subsidiary means for the determination of rules of international law(1) concerns the systemic lack of diversity in the use of teachings.(2) This finding carries important implications for the legitimacy of using subsidiary means, particularly regarding whose voices are privileged or silenced in legal determination.(3) The special rapporteur noted that international...
作者:Miles, Kate
作者单位:University of Cambridge
作者:Hafner-Burton, Emilie M.
作者单位:University of California System; University of California San Diego
作者:Knox, John H.
作者单位:Wake Forest University