Open Access. Powered by Scholars. Published by Universities.®
- Keyword
-
- Bankruptcy (1)
- Contracts (1)
- Corporations (1)
- Cross-Border Bankruptcy (1)
- Cross-Border Insolvency (1)
-
- IP (1)
- Insolvency (1)
- International Bankruptcy (1)
- International Insolvency (1)
- International Law (1)
- International investment law (IIL) (1)
- Investment treaties (1)
- Investor-state dispute settlement (ISDS) (1)
- Private International Law (1)
- Private law (1)
- Property (1)
- Recognition of Judgements (1)
- Soft Law (1)
- UNCITRAL (1)
- Publication
Articles 1 - 2 of 2
Full-Text Articles in Law
The Dialogic Aspect Of Soft Law In International Insolvency: Discord, Digression, And Development, John A. E. Pottow
The Dialogic Aspect Of Soft Law In International Insolvency: Discord, Digression, And Development, John A. E. Pottow
Law & Economics Working Papers
Soft law is on the ascent in international insolvency, seeming now to occupy a preferred status over boring old conventions. An arguably constitutive aspect of soft law, which some contend provides a normative justification for international law generally, is its "dialogic" nature, by which I mean its intentional exposure to recursive norm contestation and iterative development: soft law starts a dialogue. The product of that dialogue, on a teleological view, may well be hard law. In the international insolvency realm, that pathway is through (soft) model domestic legislation that aspires toward enactment as municipal law. The happy story is that …
The Private Law Critique Of International Investment Law, Julian Arato
The Private Law Critique Of International Investment Law, Julian Arato
Articles
This Article argues that investment treaties subtly constrain how nations organize their internal systems of private law, including laws of property, contracts, corporations, and intellectual property. Problematically, the treaties do so on a one-size-fits-all basis, disregarding the wide variation in values reflected in these domestic legal institutions. Investor-state dispute settlement exacerbates this tension, further distorting national private law arrangements. This hidden aspect of the system produces inefficiency, unfairness, and distributional inequities that have eluded the regime's critics and apologists alike.