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作者:Bagley, Margo A.; Hughes, Justin
作者单位:Loyola Marymount University; University of Oxford
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作者:Butler, Jay
作者单位:University of Virginia
摘要:Corporate social responsibility (CSR') has a tax problem. The field encourages companies to do more for society than the minimum that is legally required. But, when it comes to companies avoiding tax, CSR has very little to say. Activists even allege that CSR merely distracts from companies' much costlier tax minimization strategies that deprive the state of needed revenue and thereby undercut the state's capacity to perform these very same functions. Though CSR has historically sidestepped qu...
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作者:Gordon, Wendy J.
作者单位:Boston University
摘要:The 2024 WIPO Treaty on Genetic Resources and Traditional Knowledge acknowledges formally the existence of traditional knowledge of Indigenous peoples and local communities. Recognition of this knowledge as a matter of intellectual property law has been a subject of important and contested debate, including among scholars whose views on the justifications for proprietary models for traditional knowledge meaningfully differ. The WIPO Treaty does not address the rationale for giving legal protec...
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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:Smith, Henry E.
作者单位:Harvard University
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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 Using Nicaragua's since withdrawn application to intervene in Application of the Convention on the Prevention and Punishment of the Crime of Genocide in the Gaza Strip (South Africa v. Israel)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:MacKinnon, Catharine A.; Waltman, Max
作者单位:University of Michigan System; University of Michigan; Harvard University
摘要:Not far from the Labor Court, a woman in a snake-skin dress sits next to a wooden outhouse. The city has set up these so-called labor boxes for prostitutes. There, they are supposed to work and do their business simultaneously. It smells like feces and urine. She had just given a john a blowjob for twenty euros, the prostituted woman says-the drug addicts would do it for five euros. The woman says she's saving for a house for herself and her six-year-old son. At some point, the time will come ...
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作者:Fisher, William
作者单位:Harvard University
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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...