Harvard International Law Journal

最新文章

• Utopian Constitutionalism AI翻译
  作者：Dixon, Rosalind; Landau, David
  作者单位：University of New South Wales Sydney; State University System of Florida; Florida State University
  摘要：An extensive literature examines transformative constitutionalism: the growing tendency of constitutions around the world, especially in the Global South, to seek to transform politics and society to reduce poverty, increase inequality, and achieve other goals. Transformative constitutionalists emphasize the creation of newer rights, including economic and social rights, environmental rights, digital rights, and beyond. They also encourage innovation in judicial decision-making as a key route ...
• Fiscal Sovereignty and Investor-State Dispute Settlement AI翻译
  作者：Panjwani, Pratyush
  摘要：The concept of sovereignty has commonly been traced back to the Peace of Westphalia, which ended the Thirty Years' War within the Holy Roman Empire in the 17th century. The Westphalian idea of sovereignty placed the state at the center of international relations, granting it absolute authority over its territory. However, today's understanding of sovereignty, a product of colonialism, 20th century wars, and contemporary globalization, has metamorphosed its Westphalian predecessor, subjecting s...
• Weapon of the Weak: Lawfare and State Power in the International Court of Justice AI翻译
  作者：Goldenziel, Jill I.; Blochberger, Sean Michael; Granholm, Tyler
  作者单位：National Defense University - USA; University of Pennsylvania; University of Virginia
  摘要：Conventional wisdom holds that international law was created by powerful, primarily Western countries to preserve their own interests and is enforced accordingly by international courts. Yet weaker states have repeatedly won landmark victories in international courts against the world's most powerful states. Small states have also succeeded in bringing critical topics like climate change and nuclear weapons onto the dockets of international courts. Recently, states have brought high-profile ca...
• Sacred Semantics, Secular Substance: Article 184(3), Suo Moto, and the Expansion of Original Jurisdiction in Pakistan AI翻译
  作者：Awan, Hussain
• From Business Plans to International Rights AI翻译
  作者：Larkin, Andrew
  作者单位：New York University
  摘要：Multinational businesses have used a highly enforceable, specialized treaty regime to turn their plans into international rights that trump national laws. Through the investment regime, businesses have acquired substantial latitude to make decisions about the public impacts of their projects, including on sensitive issues of environmental protection, Indigenous Peoples' rights, and national development strategies, even when those decisions conflict with the law of the state in which they are o...
• The Global Minimum Tax (Pillar Two) and the Future of Cross-Border M&A AI翻译
  作者：Martins, Joao Vitor Gomes
  作者单位：Harvard University
  摘要：The implementation of the OECD/G20's Global Anti-Base Erosion (GloBE) Rules-commonly known as Pillar Two-marks a paradigm shift in international tax policy by establishing a coordinated global minimum corporate tax regime. While much of the early commentary has focused on its macroeconomic or policy implications, this Note examines how Pillar Two redefines the legal and commercial contours of cross-border mergers and acquisitions. Specifically, it explores how this regime disrupts conventional...
• Global Governance at a Crossroads: Incremental Reform or Fundamental Transformation? AI翻译
  作者：Cisse, Hassane
  作者单位：The World Bank; Harvard University
• 25 Years in the Making: The WIPO Treaty on Intellectual Property, Genetic Resources and Associated Traditional Knowledge AI翻译
  作者：Goss, Ian
  摘要：A historical and continuing concern of developing countries, Indigenous Peoples, and Local Communities is the misappropriation and misuse of their genetic and cultural resources. In 2000, the World Intellectual Property Organization (WIPO) established an Intergovernmental Committee on Intellectual Property and Genetic Resources, Traditional Knowledge and Folklore (IGC) to address these concerns. Almost a quarter of a century later on May 24, 2024 WIPO member states concluded a binding Treaty o...
• Developing an Indigenized Limitations and Exceptions Framework within the Global Intellectual Property System AI翻译
  作者：Majekolagbe, Faith O.
  作者单位：University of Alberta; Harvard University
  摘要：A key issue in international intellectual property (`IP) negotiations for protecting Indigenous interests in genetic resources, traditional knowledge, and cultural expression is the integration of the framework of limitations and exceptions (`L&Es). This framework allows certain acts that would otherwise infringe on IP rights and protection, limiting the scope of exclusive rights and legal protection for rightsholders to create a balanced IP system. However, L&Es can undermine Indigenous right...
• Litigating Slow Violence: Deprivation in Gaza, Humanitarian Aid, and the Limits of International Humanitarian Law AI翻译
  作者：Luster, Tamar
  作者单位：Tel Aviv University
  摘要：In March 2025, Israel's Supreme Court upheld the legality of Israel's restrictions on humanitarian aid into Gaza, rejecting a petition brought by Israeli non-governmental organizations. The ruling came amidst intensifying international debate over whether Israel's conduct amounts to genocide and the issuance of international arrest warrants against top Israeli leaders for the war crime of starvation. This Article critically examines the Supreme Court decision to demonstrate how norms of intern...