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作者：Zetzsche, Dirk A.; Buckley, Ross P.; Arner, Douglas W.; Fohr, Linus
作者单位：University of Luxembourg; Heinrich Heine University Dusseldorf; University of New South Wales Sydney; University of New South Wales Sydney; University of Hong Kong
摘要：Initial coin offerings (ICOs) typically use blockchain technology to offer tokens that confer various rights in return, most often, for cryptocurrency. They can be seen as a conjunction of crowdfunding and blockchain. Based on a database of over 1000 ICO whitepapers, we provide a taxonomy of ICOs to increase understanding of their many forms, analyze the various regulatory challenges they pose, and suggest the steps regulators should consider in response. As our database shows, ICOs emerged ve...
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作者：Contesse, Jorge
作者单位：Rutgers University System; Rutgers University Camden
摘要：In the past few decades, human rights courts have been widely established around the world, sparking the interest of legal scholars who devote significant attention to state accountability for human rights violations. Academic centers exclusively dedicated to the study of international courts have appeared, and conferences on the role of international adjudication now abound. International law has become a juricentric discipline. With the enormous attention afforded to the international human ...
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作者：Baaij, C. J. W.
作者单位：University of London; Queen Mary University London
摘要：A handful of powerful transnational private institutions provide the bulk of cross-border or international commercial arbitration (ICA). The conventional thinking is that these institutions have significant autonomy and principally operate global contract dispute resolution outside the influence of state institutions. This Article argues to the contrary. Its study of the birth of transnational arbitral institutions in the 1910s sheds new light on the inherent and critical dependency of arbitra...
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作者：Hirschboeck, Mark
作者单位：Harvard University
摘要：In the domestic context, constitutional and private law regimes sit together in an uneasy posture. To reconcile them, domestic regimes tend to articulate some theoretical mechanism of interaction. For example, in the United States, the state action doctrine attempts to mediate the relationship, while in Canada and Germany, the theory of indirect horizontal effect plays an analogous role. This Note explores the possibility of a corresponding tension at the international level. At least in conce...
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作者：Chen, Richard C.
作者单位：University of Maine System; University of Maine School of Law; University of Maine Orono
摘要：Since the turn of the century, investment treaty arbitration (ITA) tribunals have begun citing past decisions with increasing frequency. They do so despite the absence of any formal doctrine of stare decisis and the presence of structural obstacles to the use of precedent in this context. Scholarship in this area has focused on explaining the rise of this de facto doctrine of precedent and evaluating the merits of the practice. Few have grappled with more practical questions about how preceden...
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作者：Hillebrecht, Courtney; Huneeus, Alexandra; Borda, Sandra
作者单位：University of Nebraska System; University of Nebraska Lincoln; University of Wisconsin System; University of Wisconsin Madison
摘要：As international courts gain in influence, many worry that they will impoverish domestic politics that they will limit democratic deliberation, undermine domestic institutions, or even thwart crucial political initiatives such as efforts to make peace. Indeed, many states are in the midst of withdrawing, or actively considering withdrawal, from international commitments presided over by international courts. The Article focuses on the currently unfolding Colombian peace process, the first to b...
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作者：Smith, Crispin
作者单位：Harvard University
摘要：The Iraqi-Kurdish Peshmerga has become increasingly important in the coalition fighting the Islamic State of Iraq and Syria (ISIS). Despite its prominence, its legal status in international law can seem ill-understood. Conflicting statements from Kurdish and Iraqi officials, in addition to obfuscation and divergent understandings by states supplying the Peshmerga are the norm. In popular discourse the Peshmerga is generally treated as a separate Kurdish armed force, unrelated to Baghdad and th...
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作者：Koplow, David A.
作者单位：Georgetown University
摘要：The world is on the precipice of a new arms race in outer space, as China, Russia, the United States, and others undertake dramatic new initiatives in anti-satellite weaponry. These accelerated competitive efforts at space control are highly destabilizing because developed societies have come to depend so heavily upon satellite services to support the entire civilian economy and the modern military apparatus; any significant threat or disruption in the availability of space assets would be mas...
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作者：Brunnee, Jutta
作者单位：University of Toronto
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作者：Vordermayer, Markus
作者单位：University of Munich
摘要：The present Article discusses whether the notion of extraterritorial application of treaties, widely debated and disputed in the context of human rights treaties, is also a viable concept in the context of multilateral environmental agreements. This Article will explore whether there are specific elements governing an extraterritorial application of environmental treaties. While this question has not yet attracted much attention in the literature on international environmental law, it will be ...
