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The Law And Politics Of Socially Inclusive Trade, Timothy Meyer
The Law And Politics Of Socially Inclusive Trade, Timothy Meyer
Vanderbilt Law School Faculty Publications
American ambivalence toward international institutions is nothing new. In his farewell address, George Washington famously warned against foreign entanglements. After World War I, the U.S. Senate rejected the Treaty of Versailles, leaving the United States outside the formal post-war order it helped establish and neutering the new League of Nations. Throughout the late twentieth century, the United States refused to ratify multilateral agreements ranging from the Vienna Convention on the Law of Treaties, to the UN Convention on the Law of the Sea, to a host of human rights agreements. Nor did the dawn of the twenty-first century change the …
Intellectual Property: A Beacon For Reform Of Investor-State Dispute Settlement, Daniel J. Gervais
Intellectual Property: A Beacon For Reform Of Investor-State Dispute Settlement, Daniel J. Gervais
Vanderbilt Law School Faculty Publications
Investor-state dispute-settlement (ISDS) clauses give multinational investors (corporations) a right to sue a state in a binding proceeding before an independent arbitration tribunal. This jurisgenerative right to file a claim in an international tribunal with mandatory jurisdiction is generally reserved to States. ISDS is a mechanism meant to protect the private property of multinational investors against certain acts of public authorities.
Intellectual Property differs from the more traditional private (property) law interests that ISDS aims to protect. IP incorporates public policy objectives such as innovation, access to information or public health that are reflected in limitations and exceptions to the …