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Full-Text Articles in Law
The Thoughtful Integration Of Mediation Into Bilateral Investment Treaty Arbitration, Nancy A. Welsh, Andrea Kupfer Schneider
The Thoughtful Integration Of Mediation Into Bilateral Investment Treaty Arbitration, Nancy A. Welsh, Andrea Kupfer Schneider
Nancy Welsh
While the current system of investment treaty arbitration has definitely improved upon the “gunboat diplomacy” used at times to address disputes between states and foreign investors, there are signs that reform is needed: states and investors increasingly express concerns regarding the costs associated with the arbitration process, some states refuse to comply with arbitral awards, other states hesitate to sign new bilateral investment treaties, and citizens have begun to engage in popular unrest at the prospect of investment treaty arbitration. As a result, both investors and states are advocating for the use of mediation to supplement investor-state arbitration. This Article …
Transparency And The Expansion Of The Wto Mandate, Padideh Ala'i
Transparency And The Expansion Of The Wto Mandate, Padideh Ala'i
Padideh Ala'i
No abstract provided.
Global Administrative Law And Deliberative Democracy, Benedict Kingsbury, Megan A. Donaldson, Rodrigo Vallejo
Global Administrative Law And Deliberative Democracy, Benedict Kingsbury, Megan A. Donaldson, Rodrigo Vallejo
Megan A Donaldson
An early framing of ‘global administrative law’ (GAL) provisionally ‘bracket[ed] the question of democracy’ as too ambitious an ideal for global administration. To many, the bracketing of democracy has appeared analytically unpersuasive and normatively dubious. This essay is an initial attempt to open the brackets and bring GAL and democracy into conversation. It addresses two separate observations: first, that democracy currently lacks tools to respond to the globalization and diffusion of political authority; and secondly, that GAL is not presently democratic — it has no room for democratic concerns in its emerging norms. The juxtaposition of democracy and GAL yields …
Reviewing Charlotte Ku And Harold Jacobson (Eds.), Democratic Accountability And The Use Of Force In International Law, Russell A. Miller
Reviewing Charlotte Ku And Harold Jacobson (Eds.), Democratic Accountability And The Use Of Force In International Law, Russell A. Miller
Russell A. Miller
None available.
The Implementation Gap: What Causes Laws To Succeed Or Fail?, David Barnhizer
The Implementation Gap: What Causes Laws To Succeed Or Fail?, David Barnhizer
David Barnhizer
It is important to go behind the “paper systems” many countries and private sector actors have created to manufacture the appearance of commitments to responsible economic activity, environmental protection and social justice. This produces the need to penetrate the veils that mask governments’ “apparent compliance” with the terms of sustainable development, and to be honest about the inability of voluntary codes of practice to shape the behavior of business and government. Implementation requires effective systems to carry out the law and policy mandates. Laws and policies are often poorly designed or deliberately sabotaged in their creation, but in many instances …
The Reality Of Business And Governmental Decision-Making In The Context Of Sustainable Development, David Barnhizer
The Reality Of Business And Governmental Decision-Making In The Context Of Sustainable Development, David Barnhizer
David Barnhizer
It is absolutely rational for economic actors and decision-makers to seek to operate in their own self-interest. The challenge for anyone who wishes to influence or alter the process lies in knowing where that self-interest lies and changing the nature of the self-interest if that is required or possible. That is a far greater challenge than many understand because regardless of what we might like to do in our personal lives, it is the institution within which we work that dictates how we think and what we value in our service to that institution. Given the short time frame within …
New “Architecture” And Revitalizing The Un Global Compact, David Barnhizer
New “Architecture” And Revitalizing The Un Global Compact, David Barnhizer
David Barnhizer
Some advocates of sustainable development possess an almost theological faith in what I refer to as “rhetorical” sustainable development as the path to providing for the sound future of human civilizations and critical ecological systems. Simply put, if we try to think “too big” and “bite off too much” then the system we are trying to control or influence consumes us and our resources and we fail miserably. There is real and predictable danger in grandeur. This means we need to think about achieving sustainability in very specific and concrete terms applied to clear goals and an honest understanding of …
Impunity Writ Large: A Study Of Crimes Committed During Anti-Veerappan Operations, Saumya Uma
Impunity Writ Large: A Study Of Crimes Committed During Anti-Veerappan Operations, Saumya Uma
Dr. Saumya Uma
Integrating Victims' Rights In The Indian Legal Framework, Saumya Uma
Integrating Victims' Rights In The Indian Legal Framework, Saumya Uma
Dr. Saumya Uma
"The United Nations Judicial Tribunals As Tools For Managerial Accountability", Tamara A. Shockley
"The United Nations Judicial Tribunals As Tools For Managerial Accountability", Tamara A. Shockley
Tamara A. Shockley
The United Nations General Assembly reaffirmed its commitment to strengthening managerial accountability in the United Nations. One of the essential components of accountability was the importance of managerial compliance with the Charter of the United Nations, General Assembly resolutions, and the UN Staff Regulations and Rules. As the General Assembly and staff members of the UN demand greater transparency in organizational decision-making, a new managerial tool for accountability has emerged in the UN in the form of UN Judicial Tribunals. The emerging jurisprudence from the UN Judicial Tribunals affects how a United Nations manager will make decisions concerning the legal …
The Communal Violence Bill: Countering Impunity, Seeking Accountability, Saumya Uma
The Communal Violence Bill: Countering Impunity, Seeking Accountability, Saumya Uma
Dr. Saumya Uma
A Hartman Hotz Symposium: Intelligence, Law, And Democracy, Steve Sheppard, Robin Butler, William Howard Taft Iv, Alberto Mora
A Hartman Hotz Symposium: Intelligence, Law, And Democracy, Steve Sheppard, Robin Butler, William Howard Taft Iv, Alberto Mora
Steve Sheppard
On April 25, 2007, the Hartman Hotz Trust of the University of Arkansas hosted a symposium to discuss the relationships between intelligence, law, and democracy. This article contains a transcript of the topics discussed at the symposium. Don Bobbit, Dean of the Fulbright College introduced the panel, and Steve Sheppard, Enfield Professor of Law, moderated the discussion. The panelists included three guests with experience in the intelligence field: Lord Robin Butler, former head of the British Civil Service; Alberto Mora, former General Counsel of the United States Navy; and William Howard Taft IV, former Acting Secretary of Defense and Legal …
Enhancing Community Accountability Of The Security Council Through Pluralistic Structure: The Case Of The 1267 Committee, Machiko Kanetake
Enhancing Community Accountability Of The Security Council Through Pluralistic Structure: The Case Of The 1267 Committee, Machiko Kanetake
Machiko Kanetake
No abstract provided.
Functional Democracy: Responding To Failures Of Accountability, Molly K. Land
Functional Democracy: Responding To Failures Of Accountability, Molly K. Land
Molly K. Land
No abstract provided.