Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- International Law (4)
- Social and Behavioral Sciences (4)
- Arts and Humanities (2)
- Asian Studies (2)
- Ethics and Political Philosophy (2)
-
- International and Area Studies (2)
- Law and Politics (2)
- Legal Studies (2)
- Legal Theory (2)
- Philosophy (2)
- Political Science (2)
- Political Theory (2)
- Administrative Law (1)
- Banking and Finance Law (1)
- Civil Procedure (1)
- Commercial Law (1)
- Conflict of Laws (1)
- Constitutional Law (1)
- Continental Philosophy (1)
- Dispute Resolution and Arbitration (1)
- European Law (1)
- Gender and Sexuality (1)
- Human Rights Law (1)
- Inequality and Stratification (1)
- International Relations (1)
- International Trade Law (1)
- Jurisdiction (1)
- Jurisprudence (1)
- Keyword
-
- Habermas (2)
- Human rights (2)
- APEC (1)
- ASEAN (1)
- Bilateral investment treaties (1)
-
- Brazil (1)
- China (1)
- Democracy (1)
- Governance (1)
- ICSID (1)
- International Arbitration (1)
- International arbitration (1)
- International institution (1)
- International investment law (1)
- International organization (1)
- Judicial review (1)
- Kelsen (1)
- Law (1)
- Legitimacy (1)
- Nussbaum (1)
- Pogge (1)
- Positivism (1)
- Rawls (1)
- Realism (1)
- Schmitt (1)
- Subsistence (1)
- Sweatshops (1)
- Taiwan (1)
- Transparency (1)
- WTO (1)
- Publication
Articles 1 - 9 of 9
Full-Text Articles in Transnational Law
Reconciling Positivism And Realism: Kelsen And Habermas On Democracy And Human Rights, David Ingram
Reconciling Positivism And Realism: Kelsen And Habermas On Democracy And Human Rights, David Ingram
David Ingram
It is well known that Hans Kelsen and Jürgen Habermas invoke realist arguments drawn from social science in defending an international, democratic human rights regime against Carl Schmitt’s attack on the rule of law. However, despite embracing the realist spirit of Kelsen’s legal positivism, Habermas criticizes Kelsen for neglecting to connect the rule of law with a concept of procedural justice (Part I). I argue, to the contrary (Part II), that Kelsen does connect these terms, albeit in a manner that may be best described as functional, rather than conceptual. Indeed, whereas Habermas tends to emphasize a conceptual connection between …
Of Sweatshops And Human Subsistence: Habermas On Human Rights, David Ingram
Of Sweatshops And Human Subsistence: Habermas On Human Rights, David Ingram
David Ingram
In this paper I argue that the discourse theoretic account of human rights defended by Jürgen Habermas contains a fruitful tension that is obscured by its dominant tendency to identify rights with legal claims. This weakness in Habermas’s account becomes manifest when we examine how sweatshops diminish the secure enjoyment of subsistence, which Habermas himself (in recognition of the UDHR) recognizes as a human right. Discourse theories of human rights are unique in tying the legitimacy of human rights to democratic deliberation and consensus. So construed, their specific meaning and force is the outcome of historical political struggle. However, unlike …
Time To Join The “Bit Club”? Promoting And Protecting Brazilian Investments Abroad, Lucas Bento
Time To Join The “Bit Club”? Promoting And Protecting Brazilian Investments Abroad, Lucas Bento
Lucas Bento
The growing internationalization of Brazilian organizations calls for a greater array of investment protections available to them, particularly as they weave through an increasingly competitive and uncertain global economy. This article argues that the Brazilian government should consider ratifying BITs so as to provide greater protections to its own – domestic – investors.
China-United States Trade Negotiations And Disputes: The Wto And Beyond, Pasha L. Hsieh
China-United States Trade Negotiations And Disputes: The Wto And Beyond, Pasha L. Hsieh
Pasha L. Hsieh
This article examines trade negotiations and disputes between China and the United States. It begins by ascertaining the unique political aspects of China-U.S. bilateral economic ties and explains the historical background underlying the relations. The article then argues that trade frictions between China and the United States are unlikely to repeat the Depression-era trade wars. The article observes that both the Chinese and U.S. governments are aware that the adoption of WTO-inconsistent measures may result in retaliatory actions from the other side. Hence, the two governments have attempted to resolve potential disputes through high-level official talks. Even when certain issues …
Fatca’S Impact On Us Banking By Mexican Clientele, William Byrnes
Fatca’S Impact On Us Banking By Mexican Clientele, William Byrnes
William H. Byrnes
No abstract provided.
Fatca Implications For Latin American Clientele Of Swiss Banks, William Byrnes
Fatca Implications For Latin American Clientele Of Swiss Banks, William Byrnes
William H. Byrnes
No abstract provided.
China-Taiwan Trade Relations: Implications Of The Wto And Asian Regionalism, Pasha L. Hsieh
China-Taiwan Trade Relations: Implications Of The Wto And Asian Regionalism, Pasha L. Hsieh
Pasha L. Hsieh
Cross-strait relations underwent a fundamental change when both China and Taiwan joined the World Trade Organization (WTO) in 2001. The WTO is the first world-wide multilateral organization in which China and Taiwan share equal statuses. Thus, the WTO provides a neutral forum for China and Taiwan to resolve trade conflicts. More importantly, the WTO requires the two states to behave toward one another in a manner consistent with WTO norms. Consequently, the trade policies of China and Taiwan would change in response to their WTO obligations. In addition to the WTO, Asian regionalism, which refers to the recent accelerated integration …
The Adoption Of Transparency Policies In Global Governance Institutions: Justifications, Effects, And Implications, Megan Donaldson, Benedict Kingsbury
The Adoption Of Transparency Policies In Global Governance Institutions: Justifications, Effects, And Implications, Megan Donaldson, Benedict Kingsbury
Megan A Donaldson
Formal transparency policies are increasingly prevalent in global governance institutions, partially attenuating the influence in these institutions of practices of secrecy inherited from interstate diplomacy. This article assesses the incidence and specific characteristics of formal transparency policies across a select group of institutions and outlines some of the justifications given for these policies - including justifications based on the publicness of these institutions - and for the more controversial exceptions to transparency, such as the exception for deliberative materials. It examines three drivers affecting the adoption, form, and content of transparency policies and other transparency measures in these institutions: spillover …
State Courts And Transitory Torts In Transnational Human Rights Cases, Chimene I. Keitner
State Courts And Transitory Torts In Transnational Human Rights Cases, Chimene I. Keitner
Chimene I Keitner
No abstract provided.