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作者：Rolland, Sonia E.
作者单位：Northeastern University
摘要：Lead paint toys and tainted baby formula milk from China, along with other scares involving consumer goods, have focused the public's attention on the risks of a global supply chain that no state controls. Yet, domestic instruments available to protect consumers against unsafe or undesirable foreign goods and services are limited. This Article uses a comparative legal perspective to explore what shapes international trade regimes to be more or less consumer oriented, using primarily EU law as ...
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作者：Katzenstein, Suzanne
摘要：Why do governments create international courts even though doing so requires a sacrifice of sovereignty? Current scholarship provides only partial insight into this question. It has focused almost exclusively on existing international courts, overlooking the vast number of failed attempts at international judicialization. This Article offers one of the first systematic and historically-grounded analyses of attempts to create international courts throughout the 20th century, evaluating both suc...
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作者：van Aaken, Anne
作者单位：University of St Gallen
摘要：Whereas the rational choice approach to international law has been widely accepted in legal scholarship and international relations theory, challenges to the rational choice paradigm in economic analysis of international law have hitherto not been systematically explored. Nevertheless, behavioral law, economics and psychology have been successfully applied to national law constellations. Behavioral economic insights have furthermore been used in international relations scholarship under the he...
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作者：Klingler, Joseph
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作者：Wang, Carol
作者单位：Harvard University
摘要：Rule of law practitioners have defined rule of law as a way to achieve several objectives. Three commonly cited objectives are that rule of law should: 1. hold the governing powers accountable and limit official arbitrariness; 2. allow people to plan their affairs with reasonable confidence through open, clear, and stable rules where the state monopolizes the use of violence in the resolution of disputes; and 3. protect fundamental rights such as those embodied by the Universal Declaration of ...
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作者：Hakimi, Monica
作者单位：University of Michigan System; University of Michigan
摘要：This Article examines a category of conduct that I call unfriendly unilateralism. One state deprives another of a benefit (unfriendly) and, in some cases, strays from its awn obligations (noncompliant), outside any structured international process (unilateral). Such conduct troubles many international lawyers because it looks more like the nastiness of power politics than like the order and stability of law. Worse, states can abuse the conduct to undercut the law. Nevertheless, international l...
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作者：Neuman, Gerald L.
作者单位：Harvard University
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作者：Deeks, Ashley S.
作者单位：University of Virginia
摘要：Many celebrate international law as a way to compel states to protect human rights. Often it serves this role. But sometimes it has the reverse effect: states use international agreements to circumvent individual rights in domestic law. For example, the United States reportedly, relied on Italy's consent to render a terrorist suspect from the streets of Milan into secret detention. Pakistan seems to have authorized U.S. lethal striker against Al Qaeda members without regard to rights protectio...
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作者：Suri, Manik V.
作者单位：Harvard University
摘要：Immanuel Kant's 1795 essay, To Perpetual Peace: A Philosophical Sketch (Zum ewigen Frieden), established a concept of cosmopolitan law as the nemesis of war, instilling in generations of thinkers and practitioners a vision of a world without conflict. Kant's paradigm posited that republican constitutions, a commercial spirit of international trade, and a federation of interdependent republics would provide the basis for a perpetual peace amongst states bound together under international law. Y...
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作者：Lockwood, Natalie J.
作者单位：Harvard University
摘要：This Article examines the widely practiced-and widely ignored phenomenon of international vote buying among states, that is, conduct whereby states offer material benefits to other states in exchange for their votes or decisions in international institutions. Domestically, such behavior would be patently illegal as bribery or election fraud. Yet under international law, it is both legal and relatively routine. Should this be so? Is vote buying corruption, or an acceptable feature of internatio...
