-
作者：Landau, David
作者单位：State University System of Florida; Florida State University
摘要：Despite the lack of socio-economic rights in the U.S. Constitution and the absence of political will to enforce them, the vast majority of constitutions around the world now include these rights, and courts are enforcing them in increasingly aggressive and creative ways. Scholars have produced a large and theoretically rich literature on the topic. Virtually all of this literature assumes that social rights enforcement is about the advancement of impoverished, marginalized groups. Moreover, th...
-
作者：Wu, Mark
作者单位：Harvard University
摘要：Over the past decade, China and India have rapidly increased their use of antidumping laws, the world's most dominant form of trade protectionism, against their trading partners. Yet, this behavior has triggered little concern in the United States and Europe. Why? Two leading theories suggest that the recent spike in Indian and Chinese antidumping measures is temporary. Moreover, the balance of benefits under existing international legal rules continues to favor American and European producers...
-
作者：Schleicher, David
作者单位：George Mason University
摘要：Last June's European Parliament (EP) election was widely considered a failure. Turnout was low across Europe, and, as has been the case in every EP election since they were introduced in 1979, voters responded exclusively to domestic cues in deciding how to fill the European Union's only directly elected body. Campaigns were waged entirely on domestic issues outside of the purview of the EP, and the popularity of domestic prime ministers, who were not on the ballot, was the most important fact...
-
作者：Verdier, Pierre-Hugues
作者单位：University of Virginia
摘要：In recent years, scholars have devoted considerable attention to transnational networks of financial regulators and their efforts to develop uniform standards and best practices. These networks, however, coexist with an emerging trend toward regional and bilateral mutual recognition arrangements. This Article proposes a theoretical account of mutual recognition that identifies its potential benefits, the cooperation problems it raises, and the resulting institutional frameworks in multilateral...
-
作者：Cogan, Jacob Katz
作者单位：University System of Ohio; University of Cincinnati
摘要：In the post-War era, international law became a talisman for the protection of individuals from governmental abuse. Such was the success of this humanization of international law that by the 1990s human rights had become part of ... international political and legal culture. This Article argues that there has been an unnoticed contemporary countertrend-the regulatory turn in international law. Within the past two decades, states and international organizations have at an unprecedented rate ent...
-
作者：Stiggelbout, Mark
摘要：The U.S. class action is an unusual animal. To the extent that its opt out mechanism purports to bind class members who never affirmatively commenced proceedings in the United States, controversy surrounds the question whether such a judgment is entitled to recognition in England and Wales. Only if it is so entitled will the judgment be effective to prevent non-participant class members from (re)litigating their claims in England. This Article identifies the primary difficulty as being the exi...
-
作者：De Schutter, Olivier
摘要：The increased volatility of prices of agricultural commodities on international markets and the merger between the energy and food commodities markets have led to a sudden surge of interest in the acquisition or lease of farmland in developing countries. The result is land-grabbing: a global enclosure movement in which large areas of arable land change hands through deals often negotiated between host governments and foreign investors with little or no participation from the local communities ...
-
作者：Alston, Philip
作者单位：New York University
摘要：The critical issue examined in this Article is whether a group of monitors explicitly created to hold governments to account can be subjected to a strong accountability regime controlled by those same governments, without destroying the independence that is considered to be the system's hallmark. In 2007, a group of powerful governments pushed through a Code of Conduct to regulate the activities of Special Rapporteurs (SRs)-the United Nations' main system of human rights monitoring by independ...
-
作者：Bradford, Anu; Posner, Eric A.
作者单位：University of Chicago
摘要：A trope of international law scholarship is that the United States is an exceptionalist nation, one that takes a distinctive (frequently hostile, unilateralist, or hypocritical) stance toward international law. However, all major powers are similarly exceptionalist, in the sense that they take distinctive approaches to international law that reflect their values and interests. We illustrate these arguments with discussions of China, the European Union, and the United States. Charges of interna...
-
作者：Hollis, Duncan B.
作者单位：Pennsylvania Commonwealth System of Higher Education (PCSHE); Temple University
摘要：Individuals, shadowy criminal organizations, and nation states all currently possess the capacity to harm modern societies through computer attacks. These new and severe cyberthreats put critical information, infrastructure, and lives at risk and the threat is growing in scale and intensity with every passing day. The conventional response to such cyberthreats is self-reliance; but when self-reliance comes up short, states have turned to law for a solution. Cybercrime laws proscribe individual...
