Law Commons^™

Foreign Investments And The Market For Law, Susan Franck

Articles in Law Reviews & Other Academic Journals

In this Article, Professors O'Hara O'Connor and Franck adapt and extend Larry Ribstein's positive framework for analyzing the role of jurisdictional competition in the law market. Specifically, the authors provide an institutional framework focused on interest group representation that can be used to balance the tensions underlying foreign investment law, including the desire to compete to attract investments and countervailing preferences to retain domestic policy-making discretion. The framework has implications for the respective roles of BITs and investment contracts as well as the inclusion and interpretation of various foreign investment provisions.

Conflating Politics And Development? Examining Investment Treaty Arbitration Outcomes, Susan Franck

Articles in Law Reviews & Other Academic Journals

International dispute settlement is an area of ongoing evaluation and tension within the international political economy. As states continue their negotiations for the Trans-Pacific Partnership (TPP) and the Transatlantic Trade and Investment Partnership (TTIP), the efficacy of international arbitration as a method of dispute settlement remains controversial. Whereas some sing its praises as a method of protecting private property interests against improper government interference, others decry investment treaty arbitration (ITA) as biased against states. The literature has thus far not disentangled how politics and development contribute to investment dispute outcomes. In an effort to control for the effect of internal …

Access To Health Care As An Incentive For Healthy Behavior, Lindsay Wiley

Articles in Law Reviews & Other Academic Journals

Hundreds of thousands of lives have been saved by vehicle safety standards. For many years, the auto industry fought the adoption of even the most basic standards tooth and nail, arguing that driver responsibility was the key to preventing auto accidents. In doing so, vehicle manufacturers "reinforceled] certain common sense ideas about traffic safety"-that drivers were responsible for car accidents and that vehicle design could not do much to make serious crashes survivable-"and suppressled] others." Auto insurers-who bear much of the economic cost of car crashes through a combination of first party and liability insurance-initially joined auto manufacturers in pushing …

Transparency In International Economic Relations And The Role Of The Wto, Padideh Ala'i, Matthew D'Orsi

Contributions to Books

No abstract provided.

What Is 'Financial Stability' -The Need For Some Common Language In International Financial Regulation, Hilary Allen

Articles in Law Reviews & Other Academic Journals

Post-Crisis international financial regulation is animated by the buzzwords 'financial stability, " but surprisingly little attention has been paid to what these buzzwords actually mean. This Article argues that there are many-largely unexplored- disagreements regarding the meaning of 'financial stability, " and that this lack of consensus has the potential to cause a host of problems. Chief amongst these is that disagreement about the meaning of "financial stability" can thwart harmonized national implementation of international financial stability regulation. To draw attention to this largely-ignored definitional problem, and to start the process of addressing it, this Article proposes a working definition …

The G20 And Africa: A Critical Assessment, Daniel D. Bradlow

Articles in Law Reviews & Other Academic Journals

The increased globalisation over the last 20 years has made effective global economic governance more important than ever. This period has witnessed the rise of a number of new international governance actors, such as the Group of Twenty (G-20) and the Financial Stability Board. The paper proposes a five-part test to evaluate how the existing global governance actors serve the interests of all stakeholders in the global economy.

The test is based on five factors indicating good global governance. These are the goals relating to global economic governance being followed by the governance entity, respect for applicable international legal principles, …