Announcing Discovery and Research on Chinese Arbitration Awards
In: U. of Pittsburgh Legal Studies Research Paper No. 2014-20
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In: U. of Pittsburgh Legal Studies Research Paper No. 2014-20
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Working paper
In: The Whitehead journal of diplomacy and international relations, Band 6, Heft 2, S. 73-88
ISSN: 1538-6589
This article rejects the widely accepted orthodoxy of the international law of economic development: democracy creates instability that tends to hold back development. Instead, it suggests that promotion of democracy is the best way to achieve rapid economic development even for the poorest nations. The single greatest cause of underdevelopment in Third World countries is the failure to promote democracy. Years of forfeited progress in economic growth, environmental protection, & human rights have impoverished & shortened the lives of millions of people. The author briefly outlines the origins of the prevailing orthodoxy of economic development, analyzes the application of this orthodoxy, & presents perspectives on economic development grounded in human freedom & democracy. In conclusion he states that practitioners of international law should adopt the emerging norm of democratic economic development. E. Sanchez
In: Cambridge studies in international and comparative law 99
International investment law is a complex and dynamic field. Yet, the implications of its history are under explored. Kate Miles examines the historical evolution of international investment law, assessing its origins in the commercial and political expansionism of dominant states during the seventeenth to early twentieth centuries and the continued resonance of those origins within modern foreign investment protection law. In particular, the exploration of the activities of the Dutch East India Company, Grotius' treatises, and pre-World War II international investment disputes provides insight into current controversies surrounding the interplay of public and private interests, the systemic design of investor-state arbitration, the substantive focus of principles, and the treatment of environmental issues within international investment law. In adopting such an approach, this book provides a fresh conceptual framework through which contemporary issues can be examined and creates new understandings of those controversies
In: International studies quarterly: the journal of the International Studies Association, Band 58, Heft 3, S. 501-514
ISSN: 1468-2478
A large body of work points to diverging civil-military views on the initial decision to use force, yet there is little sense if similar differences hold over appropriate conduct in the midst of armed conflict. The rise of international laws governing behavior during war has similarly raised the question of whether these rules can shape the beliefs of various domestic actors. This paper seeks to address both gaps in the literature by leveraging the use of experiments embedded in a pair of US national surveys to examine the impact of international law and military experience on individual attitudes toward torture. The results show veterans are significantly more likely to support torture compared to civilians without any prior military background. International law further reduces civilian support for torture, while veterans are largely unaffected by general legal appeals. However, when facing highly precise rules, or where the threat of punishment is delegated to third parties, more legalized agreements can significantly reduce veteran support for torture. The results have implications for the study of institutional design, the differential effects of legal norms on nonstate actors, and the potential for greater awareness of the laws of war to influence attitudes toward wartime violence. Adapted from the source document.
In: Society of International Economic Law (SIEL), Sixth Biennial Global Conference
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Working paper
In: American journal of international law, Band 84, Heft 1, S. 1
ISSN: 0002-9300
In: American journal of international law, Band 14, S. 450-458
ISSN: 0002-9300
In: http://orbilu.uni.lu/handle/10993/14008
After the first drafts of the Treaty of Lisbon were available outside of the small circle of cogniscenti, specialists of the various policies tried to establish whether the new Treaty on European Union (TEU) and Treaty on the Functioning of the European Union (TFEU) contained anything relevant for their specific areas of law. People interested in tax law and those interested in the relation between EU law and public international law quickly established that one familiar yet not always well understood part of the old EC Treaty was missing: The TFEU like the earlier draft Treaty Establishing a Constitution for Europe, did not contain an equivalent to Article 293 EC – an Article regulating agreements between EU Member States on matters such as inter alia double taxation. In this chapter, I will embark on looking at the reasons and, more importantly, the effects of abolishing Article 293 EC in the current legal system. Several questions need to be addressed: Is there now a legal void? If not, was the initial article superfluous? What does its disappearance say about the future relation between double tax agreements concluded under public international law and EU law? The issue of double tax agreements in the context of the EU raises some fundamental questions about the complex multi-level legal world we are living in.
BASE
In: South African yearbook of international law: Suid-Afrikaanse jaarboek vir volkereg, Band 44
Since taking office in 2017, the president of the United States of America (US), Donald Trump has been on an offensive on the trade front. His administration has levied tariffs on goods coming from China, which retaliated by levying tariffs against the US. This has led to a trade war between these two economies. The economic warring took a turn for the worse with the arrest of Chinese financial executive for Huawei, Meng Wanzhou in Canada on request from the US Department of Justice. She was accused of making false statements to HSBC Bank in 2013 which significantly understated Huawei's relationship with Skycom. The arrest came after the US levied tariffs on Chinese goods, and also attempted to bar imports of Huawei products. In light of the above, the question that begs for an answer is: Does the US-China trade war undermine the principles of international law and the WTO rules? The article aims to answer the question of the propriety or otherwise of the ongoing US-China trade war within the ambit of international law and the World Trade Organisation economic framework.
Mobilising International Law for 'Global Justice' provides new insights into the dynamics between politics and international law and the roles played by state and civic actors in pursuing human rights, development, security and justice through mobilising international law at local and international levels. This includes attempts to hold states, corporations or individuals accountable for violations of international law. Second, this book examines how enforcing international law creates particular challenges for intergovernmental regulators seeking to manage tensions between incompatible legal systems and bringing an end to harmful practices, such as foreign corruption and child abduction. Finally, it explores how international law has local resonance, whereby, for example, cities have taken it upon themselves to give effect to the spirit of international treaties that national governments fail to implement, or even may have refused to ratify.
In: American Journal of International Law, Band 105, S. 163
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In: Revue internationale de la Croix-Rouge: débat humanitaire, droit, politiques, action = International Review of the Red Cross, Band 46, Heft 543, S. 160-160
ISSN: 1607-5889
In: Deakin Law School Research Paper No. 16-08
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