Open Access. Powered by Scholars. Published by Universities.®
Articles 1 - 3 of 3
Full-Text Articles in Law
Investor-State Contracts, Host-State “Commitments” And The Myth Of Stability In International Law, Lise Johnson, Oleksandr Volkov
Investor-State Contracts, Host-State “Commitments” And The Myth Of Stability In International Law, Lise Johnson, Oleksandr Volkov
Columbia Center on Sustainable Investment Staff Publications
A new de facto rule has emerged in international investment law that emphasizes and prioritizes investment stability, imposing liability on host governments for a wide range of public interest measures deemed to interfere with “commitments” given to foreign investors by host governments. The arbitral decisions from which this new rule has emanated in treaty-based investment disputes resolve types of claims that have long been familiar to domestic jurisdictions. Yet, as this article uncovers through a comparative law analysis of factually similar cases decided under United States law over roughly the past 200 years, the approaches taken and pronouncements issued by …
Comparative Law: Problems And Prospects, George A. Bermann, Patrick Glenn, Kim Lane Scheppele, Amr Shalakany, David V. Snyder, Elizabeth Zoller
Comparative Law: Problems And Prospects, George A. Bermann, Patrick Glenn, Kim Lane Scheppele, Amr Shalakany, David V. Snyder, Elizabeth Zoller
Faculty Scholarship
The following is an edited transcript of the closing plenary session of the XVIIIth International Congress of Comparative Law. The session took place on Saturday, July 31, 2010, in Washington, D.C., at the conclusion of the week-long congress, which is held quadrennially by the International Academy of Comparative Law (Académie Internationale de Droit Comparé). The remarks were given in a mix of French and English, but for ease of reading the transcript below is almost entirely in English.
Lawyering Across Multiple Legal Orders – Rethinking Legal Education In Comparative And International Law, Katharina Pistor
Lawyering Across Multiple Legal Orders – Rethinking Legal Education In Comparative And International Law, Katharina Pistor
Faculty Scholarship
I appreciate the opportunity to briefly introduce a new course Columbia Law School is offering to first year students for the first time this spring semester. The course, which I will be co-teaching with my colleague George Bermann, is called "Lawyering in Multiple Legal Orders." The title reflects the basic "philosophy" of the course, namely that legal practitioners today will invariably work in more than one legal order. This notion is not unfamiliar to lawyers practicing in federal systems, such as the United States. By the end of the first semester students have a basic understanding of the federalist system …