Harvard International Law Journal

最新文章

• Non-Parties: The Negative Externalities of Regional Trade Agreements in a Private Law Perspective AI翻译
  作者：Caruso, Daniela
  作者单位：Boston University; Boston University
  摘要：In private law theory and in international trade law alike, a new strand of scholarship has emerged in recent years. This strand is characterized by a focus on market actors who are excluded from deals struck by other parties and suffer economic hardship as a result. Scholars have also focused on doctrines and legal concepts apt to identify thisthis type of hardship and to provide non-parties with justiciable claims and remedies. Private-law and trade-law scholars involved in this mode of rese...
• Unraveling the Confused Relationship Between Treaty Obligations to Extradite or Prosecute and Universal Jurisdiction in the Light of the Habre Case AI翻译
  作者：Garrod, Matthew
  作者单位：University of Sussex
  摘要：Since the 1980s, the idea that treaty obligations to extradite or prosecute embody, or even mandate, a principle of universal jurisdiction has increasingly been supported by weighty scholarship. Although this view has not gone unchallenged, especially in the wake of the ICJ's judgment in the Habre Case, it is gaining ground among various actors in the field of international law. Indeed, this case is increasingly discussed to support the argument that the ICJ affirmed the existence of the princ...
• Targeted Capture AI翻译
  作者：Greenawalt, Alexander K. A.
  作者单位：Pace University
  摘要：This Article confronts one of the most difficult and contested questions in the debate about targeted killing that has raged in academic and policy circles over the last decade. Suppose that, in wartime, the target of a military strike may readily be neutralized through nonlethal means such as capture. Do the attacking forces have an obligation to pursue that nonlethal alternative? The Article defends the duty to employ less restrictive means (LRM) in wartime, and it advances several novel arg...
• The Limits of Moral Limitations: Reconceptualizing Morals in Human Rights Law AI翻译
  作者：Thoreson, Ryan
  摘要：Each of the major human rights instruments from the Universal Declaration of Human Rights onwards has reserved the state's ability to curtail some rights in the name of interests in national security, public health, public order, and morals. These instruments do not define morals, however, and the growing recognition that sexual rights are human rights has made the deferential application of these limitation clauses increasingly untenable. As regional and international institutions struggle to...
• The Trump Administration and the Unmaking of International Agreements AI翻译
  作者：Amirfar, Catherine; Singh, Ashika
• Punishment and Protection, Two Sides of the Same Sword: The Problem of International Criminal Law Under the Refugee Convention AI翻译
  作者：Egelman, Zoe
  摘要：This Note problematizes the role and purposes of international criminal law under the international refugee regime. Article IA of the 1951 Refugee Convention defines a refugee as a person who has left his or her country of nationality and is unwilling to return because of a well-founded fear of persecution on account of race, religion, nationality, membership in a particular social group, or political opinion. Article 1F of the Convention contains exceptions to Article IA that exclude certain ...
• Regulating the Visible Hands: Development of Rules on State-Owned Enterprises in Trade Agreements AI翻译
  作者：Kim, Minwoo
  作者单位：Harvard University
  摘要：The rise of modern state capitalism has cast doubt on the current global economic system and its assumption of a clear division between state and market. At the core of this systemic challenge are the state-owned enterprises of the 21st century. Unlike their predecessors, the state-owned enterprises of today have been transformed into powerful tools for global competition, shrouded under corporate veils. With the existing legal framework both unyielding and unprepared to accommodate these new ...
• The Abyei Arbitration and the Rule of Law AI翻译
  作者：Born, Gary B.; Raviv, Adam
  摘要：This article examines the widely publicized international arbitration that took place in 2008-2009 to determine the boundaries of the Abyei region of southern Sudan in the wake of decades of civil war. On the surface, the Abyei Arbitration is a striking example of how arbitration can resolve even the most intractable international disputes. But a closer examination suggests an award that invoked principles of judicial restraint and the rule of law, but compromised those principles by disregard...
• WTO Trade and Environment Jurisprudence: Avoiding Environmental Catastrophe AI翻译
  作者：Trachtman, Joel P.
  摘要：Free trade and national environmental protection measures are not always consistent. Yet, the parties to the WTO decided, and committed in WTO law, that even where a national environmental protection measure would otherwise violate a free trade rule of the GATT or GATS, the national environmental measure would generally be permitted, subject to certain conditions. It is important to recognize that member states of the WTO were serious both about allowing great flexibility for national environm...
• Of Handcuffs and Signals: Investment Treaties and Capital Flows to Developing Countries AI翻译
  作者：Salacuse, Jeswald W.
  作者单位：Tufts University
  摘要：This article examines the potential association of investment treaties with the quantity and cost of capital flows to developing countries. Whereas previous research on the effect of bilateral investment treaties (BIT) on capital flows has focused almost exclusively on direct foreign investment (DFI), this article examines total flows of all types. It also asks a question ignored by previous studies: Do investment treaties affect the cost that a developing country must pay for the capital it r...