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Full-Text Articles in Law

Communitizing Transnational Regulatory Concerns, Sungjoon Cho, Cecilia M. Suh, Jacob Radecki Jun 2017

Communitizing Transnational Regulatory Concerns, Sungjoon Cho, Cecilia M. Suh, Jacob Radecki

Sungjoon Cho

The conventional, rationalist view explains that a state will only assent to international regulation if such regulation directly serves the state’s interest. In contrast, nascent transnational regulatory intermediaries, such as the World Trade Organization’s (WTO) Technical Barriers to Trade (TBT) Committee, seek to ameliorate such parochial state interests through a broader interstate dialogue. This Article addresses the challenging question of whether these intermediaries have any meaningful effect on the resolution of interstate trade disputes. To examine this question, this Article utilizes data from over 400 examples of “specific trade concerns” (STCs) raised by WTO members in the TBT Committee. Our …


Deconstructing The Wto Conformity Obligation-- A Theory Of Compliance As A Process, Julien Chaisse Feb 2015

Deconstructing The Wto Conformity Obligation-- A Theory Of Compliance As A Process, Julien Chaisse

Julien Chaisse

This Article deconstructs the WTO obligation of conformity enshrined in Article XVI:4 of the WTO Agreement, demonstrating that this key provision is not a mere interface between international and domestic law. In fact, the obligation of conformity is the source of a process of compliance which, although more modest than usual law of international responsibility, has proven to be effective in securing final compliance. Deconstructing the obligation of conformity helps to explain and demystify the high level of compliance with WTO law while significantly contributing to the understanding of why and how States comply with international law.


Strategizing For Compliance: The Evolution Of A Compliance Phase Of Inter-American Court Litigation And The Strategic Imperative For Victims' Representatives., David C. Baluarte Apr 2013

Strategizing For Compliance: The Evolution Of A Compliance Phase Of Inter-American Court Litigation And The Strategic Imperative For Victims' Representatives., David C. Baluarte

David Baluarte

No abstract provided.


Rio + 20: What Difference Has Two Decades Made To State Practice In The Regulation Of Invasive Alien Species?*, Sophie Riley Dec 2011

Rio + 20: What Difference Has Two Decades Made To State Practice In The Regulation Of Invasive Alien Species?*, Sophie Riley

Sophie Riley

Invasive alien species (IAS) are alien species that threaten ecosystems, habitats or other species. Article 8(h) of the Convention on Biological Diversity (CBD) requires the contracting parties to ‘prevent the introduction of or control or eradicate those alien species that threaten ecosystems, habitats or species’. Members are also required to lodge National Reports with the secretariat of the CBD, specifying how they are fulfilling their international obligations with respect to IAS. While the threats to biodiversity posed by IAS have been extensively documented, to date, no study has examined States’ perceptions of their IAS regimes. This paper collects and analyses …


How International Law Works: A Response To Commentators, Andrew T. Guzman Dec 2008

How International Law Works: A Response To Commentators, Andrew T. Guzman

Andrew T Guzman

This is a response to the discussion of commentators in a symposium on my book, How International Law Works.


How International Law Works: Introduction, Andrew T. Guzman Dec 2008

How International Law Works: Introduction, Andrew T. Guzman

Andrew T Guzman

This comment serves as the introduction to a symposium on my book, How International Law Works.