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Articles 1 - 9 of 9
Full-Text Articles in Law
Empirically Evaluating Claims About Investment Treaty Arbitration, Susan Franck
Empirically Evaluating Claims About Investment Treaty Arbitration, Susan Franck
Articles in Law Reviews & Other Academic Journals
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 …
Integrating Investment Treaty Conflict And Dispute Systems Design, Susan Franck
Integrating Investment Treaty Conflict And Dispute Systems Design, Susan Franck
Articles in Law Reviews & Other Academic Journals
With the debate on the renewal of the Trade Promotion Authority Act, the proper terms of investment treaties - including dispute resolution provisions - have become an issue of public scrutiny. In a so-called litigation explosion, investors resolve disputes against host governments through international arbitration mechanisms in investment treaties; and there is little evidence of reliance on other processes like mediation. This escalation has lead to a teething period where parties and non-parties have expressed divergent views as to the efficacy, efficiency and fairness of the dispute resolution process. With billions of dollars and sovereignty at stake, the dispute resolution …
International Trade Decisions Of The Federal Circuit: 2006 Cases And Highlights Of 2003-2005, Alexandra E.P. Baj
International Trade Decisions Of The Federal Circuit: 2006 Cases And Highlights Of 2003-2005, Alexandra E.P. Baj
American University Law Review
Over the past four years, the United States Court of Appeals for the Federal Circuit (“Federal Circuit”) has, as it has done since its establishment in 1982, exercised its jurisdiction under 28 U.S.C. § 1295(a)(5) to review decisions of the United States Court of International Trade (“CIT”) regarding U.S. regulation of international trade. While trade cases currently make up only about six percent of the docket of the Federal Circuit, decisions in these cases can have a significant discernable impact on the day-to-day investigation and regulation of trade matters of the three U.S. agencies featured most prominently in the trade …
Title Iii Of The Bioterrorism Act: Sacrificing U.S. Trade Relations In The Name Of Food Security, Claire S. Boisen
Title Iii Of The Bioterrorism Act: Sacrificing U.S. Trade Relations In The Name Of Food Security, Claire S. Boisen
American University Law Review
Part I examines in detail the two conflicting laws that are the basis of this Comment—Title III of the Bioterrorism Act and the SPS Agreement—focusing on those portions of Title III that adversely impact international trade. Part I also presents the WTO case EC Measures Concerning Meat and Meat Products (Hormones), the first food regulation case disputed in the WTO system for a violation of the SPS Agreement. This case clarified the two major principles of the SPS Agreement that are explored in this Comment: the prohibition on discrimination and the obligation to support trade–restrictive measures with an analytical risk …
Selling Medellin: The Entourage Of Litigation Surrounding The Vienna Convention On Consular Relations And The Weight Of International Court Of Justice Opinions In The Domestic Sphere , Robert Greffenius
American University International Law Review
No abstract provided.
Empiricism And International Law: Insights For Investment Treaty Dispute Resolution, Susan Franck
Empiricism And International Law: Insights For Investment Treaty Dispute Resolution, Susan Franck
Articles in Law Reviews & Other Academic Journals
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 …
Environmental Standards In U.S. Free Trade Agreements: Lessons From Chapter 11, Hena Schommer
Environmental Standards In U.S. Free Trade Agreements: Lessons From Chapter 11, Hena Schommer
Sustainable Development Law & Policy
No abstract provided.
Total Recall On Chinese Imports: Pursuing An End To Unsafe Health And Safety Standards Through Article Xx Of Gatt, Elvira Cortez
Total Recall On Chinese Imports: Pursuing An End To Unsafe Health And Safety Standards Through Article Xx Of Gatt, Elvira Cortez
American University International Law Review
No abstract provided.
Foreign Direct Investment, Investment Treaty Arbitration, And The Rule Of Law, Susan Franck
Foreign Direct Investment, Investment Treaty Arbitration, And The Rule Of Law, Susan Franck
Articles in Law Reviews & Other Academic Journals
In the last decade, there has been a surge in the number of multi-lateral and bilateral investment treaties governments have signed; meanwhile there have been dramatic increases in the amount of foreign direct investment (FDI); and, more recently, the number of claims brought under investment treaties has spiked. This Article examines the relationship amongst these factors and is the first to review the emerging empirical economic literature investigating whether investment treaties achieve their goal of promoting FDI. The Article then specifically evaluates the impact that the procedural right to arbitrate investment claims plays in the process of promoting FDI and …