Open Access. Powered by Scholars. Published by Universities.®
- Publication
- File Type
Articles 1 - 7 of 7
Full-Text Articles in Law
Empiricism And International Law: Insights For Investment Treaty Dispute Resolution, Susan Franck
Empiricism And International Law: Insights For Investment Treaty Dispute Resolution, Susan Franck
Susan D. Franck
While scholars in the United States increasingly focus on the empirical dimension of legal scholarship, there have been challenges in using empiricism to explore international legal issues. Rather than relying on logic or instinct alone, empirical methodologies can provide scholars with tools to gain new facts, see existing ideas through a different lens, and engage in a more nuanced analysis of international law phenomena. There appears to be a natural synergy between empiricism and international investment treaty dispute resolution. With calls for trade time outs by U.S. presidential candidates, there is interest in how investment treaties function, whether they achieve …
The Icsid Effect? Considering Potential Variations In Arbitration Awards, Susan Franck
The Icsid Effect? Considering Potential Variations In Arbitration Awards, Susan Franck
Susan D. Franck
The legitimacy of the World Bank's dispute resolution body - The International Centre for the Settlement of Investment Disputes (ICSID) - is a matter of heated debate. Some states have alleged that ICSID is biased, withdrawn from the ICSID Convention, and advocated creating alternative arbitration systems. Using pre-2007 archival data of the population of then- known arbitration awards, this Article quantitatively assesses whether ICSID arbitration awards were substantially different from arbitration awards rendered in other forums. The Article examines variation in the amounts claimed and outcomes reached to evaluate indicators of bias. The results indicated that there was no reliable …
Monopolists Without Borders: The Institutional Challenge Of International Antitrust In A Global Gilded Age, D. Daniel Sokol
Monopolists Without Borders: The Institutional Challenge Of International Antitrust In A Global Gilded Age, D. Daniel Sokol
D. Daniel Sokol
Antitrust has entered a gilded age of increased international domestic legislatures, courts, and agencies, and the market as an institution. Existing institutions each have limitations in their ability to address any of the issues in international antitrust exclusively. This Article argues that the ICN is the institution best suited to address these issues. This approach may assist to identify other regulatory areas in which an ICN modeled "soft law" transnational institutional choice may prove to be the most effective way to address international issues.
International Labor Law: Cases And Materials On Workers' Rights In The Global Economy, James Atleson, Lance Compa, Kerry Rittich, Calvin Sharpe, Marley Weiss
International Labor Law: Cases And Materials On Workers' Rights In The Global Economy, James Atleson, Lance Compa, Kerry Rittich, Calvin Sharpe, Marley Weiss
Lance A Compa
Comprehensive in scope, International Labor Law examines labor rights and labor standards in multilateral and regional institutions like the WTO, ILO, OECD and the European Union; regional and bilateral trade agreements like NAFTA and more recent bilateral agreements with developing countries; the new labor-trade "template" in U.S. trade policy; and private initiatives like anti-sweatshop campaigns and corporate codes of conduct. Thematic chapters deal with labor rights lawsuits in U.S. courts; cross-border labor organizing and bargaining ; migrant workers; women workers in the global economy, and child labor.
Documentary Supplement To International Labor Law: Cases And Materials On Workers' Rights In The Global Economy, James Atleson, Lance Compa, Kelley Rittich, Calvin Sharpe, Marley Weiss
Documentary Supplement To International Labor Law: Cases And Materials On Workers' Rights In The Global Economy, James Atleson, Lance Compa, Kelley Rittich, Calvin Sharpe, Marley Weiss
Lance A Compa
This documentary supplement to International Labor Law contains excerpts of instruments dealing with international labor rights, including multilateral, regional, and U.S. labor rights instruments, as well as corporate codes of conduct and private sector framework agreements. Comprehensive in scope, International Labor Law examines labor rights and labor standards in multilateral and regional institutions like the WTO, ILO, OECD, and European Union; regional and bilateral trade agreements like NAFTA and more recent bilateral agreements with developing countries; the new labor-trade "template" in U.S. trade policy; and private initiatives like anti-sweatshop campaigns and corporate codes of conduct.
Through The Looking Glass: Understanding Social Science Norms For International Investment Law, Susan Franck, Calvin Garbin, Jenna Perkins
Through The Looking Glass: Understanding Social Science Norms For International Investment Law, Susan Franck, Calvin Garbin, Jenna Perkins
Susan D. Franck
When social science methods are being employed in a new context — such as the assessment of international investment law — there is value in exploring the underlying assumptions and normative baselines of the enterprise. This article and response address critiques about the methodology of an article in the Harvard International Law Journal by: (1) describing the value of social science in international investment law; (2) replicating the research using new methodologies to conduct more than 20 new tests that were still unable to ascertain the existence of a reliable relationship between development status and outcomes on the basis of …
Empirically Evaluating Claims About Investment Treaty Arbitration, Susan Franck
Empirically Evaluating Claims About Investment Treaty Arbitration, Susan Franck
Susan D. Franck
With the blossoming of empirical legal scholarship, there is an increased appreciation for the insights it offers issues of international importance. One area that can benefit from such inquiry is the resolution of disputes from investment treaties, which affects international relations, implicates international legality of domestic government conduct, and puts millions of taxpayer dollars at risk. While suggesting there has been a litigation explosion, commentators make untested assertions about investment treaty disputes. Little empirical work transparently explores this area, however. As the first research that explains its methodology and results, this article is a modest attempt to evaluate claims about …