Harvard International Law Journal

最新文章

• Global Tobacco Control as a Health and Human Rights Imperative AI翻译
  作者：Koh, Harold Hongju
  作者单位：Yale University
• The Challenge of Legitimacy in Sovereign Debt Restructuring AI翻译
  作者：Lienau, Odette
  作者单位：Cornell University
  摘要：Since the emergence of the post-World War II international economic system, policymakers have lamented the absence of a global sovereign debt restructuring mechanism. This disappointment has only intensified in recent. years, as the failure to provide prompt, comprehensive, and lasting debt relief becomes even more apparent. As a result, scholars and key international actors have argued for the development of a more coherent global approach to debt workouts. But to date this discussion lacks a...
• Limiting the Scope of the Foreign Sovereign Immunities Act After Zivotofsky II AI翻译
  作者：Tuninetti, Amanda
  作者单位：Harvard University
• The Hydrocarbon Industry's Challenge to International Investment Law: A Critical Approach AI翻译
  作者：Sanchez, Guillermo J. Garcia
  作者单位：Harvard University
  摘要：The research presented here challenges the contemporary view that the international investment regime has a chilling effect on host government policies. That critique errs in assuming that the effects of the modern bilateral investment treaties on decision making within host governments have been uniform across states and economic sectors. The main argument presented here is that in developing countries that depend on the oil and gas sectors, the international investment regime rarely deters h...
• The China, Inc. Challenge to Global Trade Governance AI翻译
  作者：Wu, Mark
  作者单位：Harvard University
  摘要：In the past decade, the World Trade Organization has adjudicated over forty disputes between China and other powerful economies. These cases are often trumpeted as a sign of the enduring strength of the trade regime and the efficacy of international law in managing geopolitical tensions associated with China's rise. This Article suggests that this positive assessment obfuscates dangers lurking on the horizon. It explains why the rise of China presents a major challenge to the multilateral trad...
• The Contributions of the Obama Administration to the Practice and Theory of International Law AI翻译
  作者：Goldsmith, Jack
  作者单位：Harvard University
• International Law Constraints as Executive Power AI翻译
  作者：Ingber, Rebecca
  作者单位：Boston University
  摘要：The use of international law to understand domestic authority has a long pedigree. It is also the subject of heated debate, which focuses predominantly on the extent to which international law can or should serve as a limit on political actors, in particular the president, and the extent to which it can be invoked to expand our understanding of domestic individual rights. Yet there is another significant dynamic at work in this interplay between international and domestic law. This is the invo...
• How and Why International Law Binds International Organizations AI翻译
  作者：Daugirdas, Kristina
  作者单位：University of Michigan System; University of Michigan
  摘要：For decades, controversy has dogged claims about whether and to what extent international law binds international organizations (IOs) like the United Nations and the International Monetary Fund. The question has important consequences for humanitarian law, economic rights, and environmental protection. In this Article, I aim to resolve the controversy by supplying a theory about when and how international law binds IOs. I conclude that international law binds IOs to the same degree that it bin...
• Power Shifts in International Law: Structural Realignment and Substantive Pluralism AI翻译
  作者：Burke-White, William W.
  作者单位：University of Pennsylvania; University of Pennsylvania
  摘要：For most of the past sixty years, the United States and Europe have led, independently and collectively, the international legal system. Yet, the rise of Brazil, Russia, India, and China (the BRICs) over the past decade has caused a profound transformation of global politics. This paper examines the implications of this redistribution of power for international law. While international lawyers have long debated the ability of law to constrain state behavior, this paper shifts the debate from t...
• Triangular Treaties: The Extent and Limits of Investment Treaty Rights AI翻译
  作者：Roberts, Anthea
  作者单位：Columbia University; University of London; London School Economics & Political Science
  摘要：Investment treaties should be reconceptualized as triangular treaties, i.e., agreements between sovereign states that create enforceable rights for investors as non-sovereign, third-party beneficiaries. State A (the host state) agrees to provide certain protections to investors coming from State B (the home state) and vice versa. If the investor considers that these protections have been violated, investment treaties also grant the investor permission to bring an arbitral claim directly agains...