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Full-Text Articles in Law
Wto Case Law In 2013, Sacerdoti Giorgio, Emily Lydgate, Guendalina C. De Gaspari, Regis Y. Simo, Carlo De Stefano
Wto Case Law In 2013, Sacerdoti Giorgio, Emily Lydgate, Guendalina C. De Gaspari, Regis Y. Simo, Carlo De Stefano
Regis Y. Simo
This is an analytical survey of the WTO case law for 2013.It was a slow year for WTO case law in the sense that the only Appellate Body decisions to appear were the “twin reports” Canada – Renewable Energy and Canada – Feed-In Tariffs, which focus on the same renewable energy measures in the Canadian province of Ontario. In addition, two unappealed Panel Reports on antidumping measures, China – X-Ray Equipment and China – Broiler Products were adopted by the Dispute Settlement Body (DSB) in 2013.
The Implication Of The Icsid Convention, The Resurrection Of The ‘International Minimum Standard’ And The Theory Of Internationalization Of State Contracts In Investment Treaty Arbitration., Felix O. Okpe
Felix O. Okpe
Under international investment law, it is axiomatic that the potential for investment disputes is rife in the conduct of foreign investments in host States. This is often the case where foreign investors allege that an act or omission attributable to the host State negatively impacts the investor’s proprietary interests. The settlement of the envisaged investment disputes is more common where the host State is a developing country in the context of the ICSID Convention. As a result, what has become paramount in the arbitration of investment disputes is the protection of foreign investment in the host State. This way, the …
The Cost Of Doing Business In Asia: A Comparative Legal Study Of Environmental Regulations In The Emerging Markets Of Thailand, Malaysia, And Indonesia, Brooke R. Padgett
The Cost Of Doing Business In Asia: A Comparative Legal Study Of Environmental Regulations In The Emerging Markets Of Thailand, Malaysia, And Indonesia, Brooke R. Padgett
Brooke R. Padgett
Abstract: This article explores whether voluntary standards, customary law, or more binding bilateral investment treaties are best for corporations, the emerging markets of Thailand, Indonesia, and Malaysia, and the environment itself. While corporations, markets, and the environment facially seem to have divergent priorities, environmental disasters are more costly after the fact than they are to prevent so in reality their priorities may not be so different after all. Some of the potential issues the paper will examine and address are big picture macro level such as fairness to future generations, intergenerational rights; the actual cost through questions of polluter pays, …
Behavioral International Law, Tomer Broude
Behavioral International Law, Tomer Broude
Tomer Broude
Economic analysis and rational choice have in the last decade made significant inroads into the study of international law and institutions, relying upon standard assumptions of perfect rationality of states and decision-makers. This approach is inadequate, both empirically and in its tendency towards outdated formulations of political theory. This article presents an alternative behavioral approach that provides new hypotheses addressing problems in international law while introducing empirically grounded concepts of real, observed rationality. First, I address methodological objections to behavioral analysis of international law: the focus of behavioral research on the individual; the empirical foundations of behavioral economics; and behavioral …
Enforcement In A Regime Complex, Sergio Puig
Enforcement In A Regime Complex, Sergio Puig
Sergio Puig
Today’s international business environment is fundamentally different than that of fifty years ago. Traditional trade meant selling into one nation goods that were made in another; now trade is mostly about making things in multiple countries and selling them everywhere. Yet the two main branches of public international law that address international business—international trade law and international investment law—have their providence and continue to be viewed as two discrete, separate systems. Through case studies, this Article explores how trade and investment are converging, and the resulting difficulties governments and private interests face when international rules are enforced. The tasks of …