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Articles 1 - 7 of 7
Full-Text Articles in Law
The Role Of Investor-State Tribunals In Determining The Scope And Content Of The Fair And Equitable Treatment Standard – Legitimate Expectations And Proportionality, Simon Bianchi
LL.M. Essays & Theses
In recent years, the legitimacy of the investor-State dispute settlement (“ISDS”) has been called into question and several initiatives, such as the UNCITRAL Working Group III, are currently looking at various ways to enhance such legitimacy and ensure the sustainability of ISDS. In this respect, certain scholars like Professors Sornarajah and van Harten claim that the interpretative process undertaken by investor-State tribunals has contributed to this legitimacy crisis among others because the application of vague standards, such as fair and equitable treatment (“FET”), involves applying subjective notions of what adjudicators perceive as desirable developments of investment law. By contrast, other …
Cooperation Without Convergence: Border Carbon Adjustment And Heterogeneity Of Climate Actions, Lucas Moreira Jiminez
Cooperation Without Convergence: Border Carbon Adjustment And Heterogeneity Of Climate Actions, Lucas Moreira Jiminez
LL.M. Essays & Theses
Border Carbon Adjustment measures (“BCAs”) were originally conceived to help solve a problem that arises when countries ask firms to internalize the costs of environmental depredation in an open economy. Environmental regulation raises costs to domestic producers who feel and are — both are relevant — disadvantaged vis-à-vis their foreign competitors subject to lower regulatory costs, in ways that impact economic competitiveness but also the effectiveness of the regulation itself, to the extent it is directed at a ‘global commons’ problem such as reducing greenhouse gas (“GHG”) emissions in an attempt to mitigate climate change. However, BCAs create issues of …
Conflicting Fundamental Rights Under The Indian Constitution: Analyzing The Supreme Court’S Doctrinal Gap, Nikhil Pratap
Conflicting Fundamental Rights Under The Indian Constitution: Analyzing The Supreme Court’S Doctrinal Gap, Nikhil Pratap
LL.M. Essays & Theses
The Constitution of India recognizes a wide variety of fundamental rights: civil and political, socio-economic, and group rights. A conflict between these rights is a common occurrence. The Supreme Court of India’s method of resolving conflicts has been ad-hoc, nebulous, and vague. The Court rarely locates the conflict at a granular level and, on the rare occasion that it does, the decision lacks comprehensive reasoning. This paper attempts to demonstrate the doctrinal, structural, and reasoning gap in the Court’s jurisprudence. The paper does so by analyzing a subset of cases where the Court has adjudicated on conflicts between the right …
Changes And Convergence Of Bankruptcy Law: Recent Experience In Brazil, Joao Guilherme Thiesi Da Silva
Changes And Convergence Of Bankruptcy Law: Recent Experience In Brazil, Joao Guilherme Thiesi Da Silva
LL.M. Essays & Theses
Bankruptcy regimes across the globe have been constantly changing in response to new market demands and the evolution of insolvency law principles and objectives. Part of the academic community argues that such changes may lead to a convergence of domestic bankruptcy laws, as a result of globalization and market integration. Scholars have reviewed the phenomena of changes and convergence of bankruptcy laws in Europe, East Asia and Africa. However, little attention has been given to Latin American countries, such as Brazil. This paper aims at contributing to the discussion on changes and convergence of bankruptcy law, by focusing on four …
The Role Of Arbitral Tribunals In Determining The Scope Of The Fair And Equitable Treatment Standard, Thomas Ferguson Whip
The Role Of Arbitral Tribunals In Determining The Scope Of The Fair And Equitable Treatment Standard, Thomas Ferguson Whip
LL.M. Essays & Theses
Whether or not investor-State dispute settlement (“ISDS”) faces a “legitimacy crisis,” there is a “growing consensus” that it requires reform. The development of the fair and equitable treatment standard (“FET standard”) by arbitral tribunals been a salient factor in fomenting this consensus and is the subject of several reform proposals. A number of scholars, including Professors Sornarajah and Gus van Harten, claim the interpretative process undertaken by tribunals in relation to the FET standard has contributed to ISDS’ legitimacy crisis because it involves applying subjective notions of what adjudicators perceive to be desirable developments of the law. On the other …
Looking Out, Looking In: How India Can Respond To A Carbon Border Adjustment Mechanism On The Principles Of Justice And Equity In The Net-Zero Transition, Paridhi Srivastava
Looking Out, Looking In: How India Can Respond To A Carbon Border Adjustment Mechanism On The Principles Of Justice And Equity In The Net-Zero Transition, Paridhi Srivastava
LL.M. Essays & Theses
The net-zero transition is a curious term. It is multi-dimensional. It must be inclusive, equitable, and just—considering the different realities of various economies and various pathways to achieving net-zero. One of the merits of global climate action since the Paris Agreement in 2015 has been its attempt to balance climate change justice with inter-generational justice and environmental justice. But as evidenced from the international momentum brewing in a post-Paris world leading up to Glasgow, the problems of justice are not abated with a net-zero transition — they are indeed being rendered more poignant by it. While it is just to …
Combatting Wage Theft In Global Supply Chains: A Proposal For Transnational Wage Lien Laws, Nabila N. Khan
Combatting Wage Theft In Global Supply Chains: A Proposal For Transnational Wage Lien Laws, Nabila N. Khan
LL.M. Essays & Theses
When the world went into lockdown due to the COVID-19 pandemic, major fashion brands attempted to protect their profits by refusing to pay overseas suppliers for over $16 billion USD of goods between April and June 2020. These decisions had a devastating impact on garment workers who toil at the bottom of the supply chain; thousands of garment workers and their families faced wage theft, dealing with months of unpaid wages, benefits and/or severance pay. In the absence of a regulatory framework to hold corporations responsible, workers, unions, and NGOs resorted to naming and shaming brands into taking action. However, …