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Articles 1 - 5 of 5
Full-Text Articles in Business
The Argentine Financial Crisis: State Liability Under Bits And The Legitimacy Of The Icsid System, William W. Burke-White
The Argentine Financial Crisis: State Liability Under Bits And The Legitimacy Of The Icsid System, William W. Burke-White
All Faculty Scholarship
This essay examines the jurisprudence of the International Center for the Settlement of Investment Disputes (ICSID) arbitral tribunals in a series of cases brought against the Republic of Argentina in the wake of the 2001-2002 Argentine financial collapse. The essay considers the ICSID tribunals' treatment of non-precluded measures provisions in Argentina's bilateral investment treaties (BITs) and the customary law defense of necessity and argues that the ICSID tribunals have sought to radically narrow the opportunities available to states to craft policy responses to emergency situations while strengthening investor protections beyond the intent of the states parties to the BITs under …
Social Entrepreneurship In The Practice Of Deliberation And Dialogue, Roger A. Lohmann
Social Entrepreneurship In The Practice Of Deliberation And Dialogue, Roger A. Lohmann
Faculty & Staff Scholarship
Advocates of public deliberation and sustained dialogue, like other change agents, often embrace roles as social entrepreneurs and engage in entrepreneurial efforts in promoting their cause. In particular, this may involve locating the resources necessary to establish and engage in programs of D & D, seeking to establish the costs and benefits of such programs, and furthering research into their effectiveness.
Living In Interesting Times: The Economics Of A Chinese Currency Attack, Jeffrey E. Haymond
Living In Interesting Times: The Economics Of A Chinese Currency Attack, Jeffrey E. Haymond
Business Administration Faculty Publications
Several large near-peer competitors, such as Russia and China, have amassed large levels of dollar-denominated foreign exchange reserves. This raises concern that these states could deliberately sell off assets to harm the dollar’s value. Currency attacks have historically been a part of warfare, and the recent advent of nation-states that have large reserves suggests it is possible the United States could face this threat. Contemporary public discussion has often lacked depth and been at one of two extremes: either (1) China could destroy the United States if it chose to sell off its treasuries, or (2) the Chinese would lose …
Investment Protection In Extraordinary Times: The Interpretation And Application Of Non-Precluded Measures Provisions In Bilateral Investment Treaties, William W. Burke-White, Andreas Von Staden
Investment Protection In Extraordinary Times: The Interpretation And Application Of Non-Precluded Measures Provisions In Bilateral Investment Treaties, William W. Burke-White, Andreas Von Staden
All Faculty Scholarship
When threatened by crises such as global terrorism, financial collapse, pandemic diseases, and natural disasters, states may resort to measures that harm the interests of foreign investors protected under the bilateral investment treaty (BIT) regime. Many such BITs, however, contain heretofore under-studied clauses that preclude liability for state actions taken in response to exceptional circumstances. These non-precluded measures (NPM) clauses effectively transfer the risk of and costs associated with state action in exceptional circumstances from the host-states of international investments to the investors. In two recent cases brought against Argentina in response to the Argentine financial crisis, ICSID tribunals have …
Shareholder Primacy's Corporatist Origins: Adolf Berle And The Modern Corporation, William W. Bratton, Michael L. Wachter
Shareholder Primacy's Corporatist Origins: Adolf Berle And The Modern Corporation, William W. Bratton, Michael L. Wachter
All Faculty Scholarship
No abstract provided.