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作者：Krever, Tor
作者单位：Harvard University; University of Cambridge
摘要：Long cherished by liberal political philosophers, today the rule of law is increasingly viewed as a necessary requirement, or even silver bullet, for economic development. The past decade has seen the rise of a veritable industry-multilateral development banks, government development agencies, and nongovernmental aid organizations-committed to promoting the rule of law through legal and judicial reform in developing countries. This Article considers the emergence of a new rule of law orthodoxy...
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作者：Armour, John; Jacobs, Jack B.; Milhaupt, Curtis J.
作者单位：University of Oxford; Columbia University
摘要：In each of the three largest economies with dispersed ownership of public companies-the United States, the United Kingdom, and Japan-hostile takeovers emerged under a common set of circumstances. Yet the national regulatory responses to these new market developments diverged substantially. In the United States, the Delaware judiciary became the principal source and enforcer of rules on hostile takeovers. There rules give substantial discretion to target company boards in responding to unsolici...
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作者：Blum, Gabriella
作者单位：Harvard University
摘要：Should the United States, as the strongest military power in the world, be bound by stricter humanitarian constraints than its weaker adversaries? Would holding the U.S. to higher standards than the Taliban, Iraqi insurgents, or the North Korean army yield an overall greater humanitarian welfare or be otherwise justified on the basis of international justice theories? Or would it instead be an unjustifiable attempt to curb American power, a form of dangerous lawfare? The paper offers an analyt...
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作者：Salacuse, Jeswald W.
作者单位：Tufts University
摘要：Although the 3000 international investment treaties concluded since the end of World War II are separate and distinct international legal instruments, they constitute, as a group, an emerging global regime for investment. Drawing on regime theory from the field of international relations, this Article examines the elements of the international investment regime, the reasons for its development, the goals that it pursues, and the challenges that it faces. While having all the characteristics of...
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作者：Meyer, Timothy
作者单位：University System of Georgia; University of Georgia
摘要：Scholars have long understood that the instability of power has ramifications for compliance with international law. Scholars have not, however, focused on how states' expectations about shifting power affect the initial design of international agreements. In this paper, I integrate shifting power into an analysis of the initial design of both the formal and substantive aspects of agreements. I argue that a state expecting to become more powerful over time incurs an opportunity cost by agreein...
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作者：Mortenson, Julian Davis
摘要：Tribunals have sharply curtailed the categories of investment eligible for protection under international investment law's keystone treaty. the ICSID Convention. This Article urges them to reverse that trend and recognize that ICSID has jurisdiction over arty plausibly economic asset or activity. Tribunals' sudden constriction of what constitutes investment arises in the first instance from a widespread historical misunderstanding. Commentators have commonly acted as though the Convention's em...
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作者：Landau, David
作者单位：Harvard University
摘要：Comparative constitutional law scholarship has largely ignored political institutions. It has therefore failed to realize that radical differences in the configuration of political institutions should bear upon the way courts do their jobs. This Article develops a comparative theory of judicial role that focuses on broad differences in political context, and particularly in party systems, across countries. I use the jurisprudence of the Colombian Constitutional Court (supplemented by briefer s...
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作者：Dannenbaum, Tom
作者单位：Yale University; Princeton University
摘要：When United Nations peacekeepers violate human rights. they do immeasurable damage to their victims, their missions, and themselves. Reparation for these wrongs is essential for both rebuilding the trust that is needed for effective peacekeeping and affirming the human dignity of those who stiffer the abuse. However, because of the unique status of peacekeepers as both troops in their respective national services and members of an international U.N. force, the question of which entity is liabl...
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作者：Ohlin, Jens David
作者单位：Cornell University
摘要：One of the longest shadows cast by the Bush Administration's War on Terror involves the fate of the torture lawyers who authored or signed memoranda regarding torture or enhanced interrogation techniques against detainees. Should they face professional sanction or even prosecution for their involvement? The following Article suggests that their fate implicates some of the deepest questions of criminal law theory and that resolution of the debate requires a fundamental reorientation of the most...
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作者：Seshagiri, Lee
作者单位：University of Victoria
摘要：This Article seeks to better define the scope of the right to self-determination at international law and its relationship with unilateral secession. After an introductory overview, Part I begins by rooting internal self-determination in five societal institutions that support democratic rule. Among these institutions is the recognition of the fallibility of political systems and the acceptance of civil disobedience as an expressive claim for a new legal order. Part II seeks to uncouple extern...
