Suchergebnisse

AbstractThe idea of investment treaty arbitration as public law is in tension with the concept of international law as a law between representative public agencies. This concept of international law is valuable for its capacity to progress a broad range of public policy aims in an integrated and coordinated manner, including aims extending beyond the economic sphere such as international social, environmental, cultural and related aims. The probable effect on this concept of international law of a radical 'internationalized public law' approach to investment treaty arbitration requires further thought, especially with regard to the potential implications of recognizing investor rights under international law.

In light of 30 years of below‐replacement fertility in many industrialized societies, demographers are asking whether fertility could drop even further, or whether there is a "floor" below which it will not fall. A key unanswered question is whether there may be a variable biological component to fertility motivation which ensures that we continue to reproduce. Drawing on evidence from evolutionary biology, ethology, quantitative genetics, developmental psychobiology, and psychology, the article argues that our evolved biological predisposition is toward nurturing behaviors, rather than having children per se. Humans have the unique ability to be aware of such biological predispositions and translate them into conscious, but nevertheless biologically based, fertility motivation. It is likely that we have already reached the limits to low fertility since this "need to nurture," in conjunction with normative pressures, ensures that the majority of women will want to bear at least one child. A sketch for a biosocial model of fertility motivation is outlined.

This text explores the role played by international courts and tribunals in the development of global regulatory standards. Focusing on regulatory coherence, due regard for the rights of others, and due diligence in the prevention of harm, the book considers how such standards represent a new relationship between domestic and international law.

Cooperation between disputing parties -- Methods for taking expert evidence in scientific disputes -- The role of adjudicators and the role of experts -- Getting to the heart of the rules on burden of proof -- Reversing the burden of proof to give effect to the precautionary principle -- Finality, revision and nullity in scientific cases -- Reassessment proceedings and res judicata