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Full-Text Articles in Law
Incomplete International Investment Law -- Applying The Incomplete Contract Theory, Tae Jung Park
Incomplete International Investment Law -- Applying The Incomplete Contract Theory, Tae Jung Park
University of Cincinnati Law Review
There is a puzzle in the field of international investment law: many negotiating countries fail to complete their International Investment Agreements (“IIA”) and postpone the renegotiations for completion as well. The literature on IIAs has neglected to consider the existence, causes, and solutions of this phenomenon. This study employs the incomplete contract theory to explain the causes and solutions surrounding this phenomenon.
Executive Agreements And The Bypassing Of Congress, Joseph P. Tomain
Executive Agreements And The Bypassing Of Congress, Joseph P. Tomain
Faculty Articles and Other Publications
The Transmittal Act has revealed a thorny issue for United States constitutional law. Specifically, the Act seeks to obviate those instances in which the Executive Branch attempts to abrogate fully the Legislature's role in foreign policy. The Constitution requires that all treaties be ratified by the Senate. Nevertheless, the Executive, simply by calling an international agreement a different name, may effectively bypass Congress. The Transmittal Act was not intended to resolve fundamental questions relating to the treaty making power of the Senate or Executive authority to enter into binding agreements with foreign countries without the consent of Congress. It was …