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Articles 1 - 12 of 12
Full-Text Articles in Law
A Canadian Perspective On Fifty Years Of International Economic Law, J. Anthony Van Duzer
A Canadian Perspective On Fifty Years Of International Economic Law, J. Anthony Van Duzer
Dalhousie Law Journal
In 1970, “international economic law” (IEL) was not a distinct academic subject. Fifty years later, IEL has become an important and well-recognized field of legal enquiry, though its boundaries remain unclear. Globalization of trade and investment activity and the concomitant proliferation of trade and investment treaties over the last 50 years have been key drivers of academic interest in IEL and its transformation. The impacts of trade and investment on the protection of the environment and health, Indigenous, labour, and human rights, development, and other policy priorities have become significant subjects of academic discourse and are increasingly addressed in trade …
Coming Full Circle On Human Rights In The Global Economy: International Economic Law Tools To Realize The Right To Development, Diane A. Desierto
Coming Full Circle On Human Rights In The Global Economy: International Economic Law Tools To Realize The Right To Development, Diane A. Desierto
Loyola University Chicago International Law Review
This article argues that the discipline and profession of international economic law has undergone a significant architectural change to focus on human rights law as both the premise and promise of the international economic system. Contrary to prevailing currents that focus on the irrelevance of the global economic system to realize human rights, this article argues that international economic law tools have already been converging within the last decade to authentically realize the Right to Development of individuals, groups, and populations. The Draft Convention on the Right to Development defines the right as the enjoyment, participation, and contribution of individuals, …
Compelling Parties To Mediate Investor-State Disputes: No Pressure, No Diamonds?, James M. Claxton
Compelling Parties To Mediate Investor-State Disputes: No Pressure, No Diamonds?, James M. Claxton
Pepperdine Dispute Resolution Law Journal
There was nothing preordained about arbitration becoming shorthand for investor-state dispute settlement. The ICSID system was built on the assumption that disputing parties would choose conciliation to settle their disputes. Those expectations went unrealized as arbitration rose to prominence, and since that time institutions, parties, and academics have observed that facilitated negotiation could play a greater role in resolving investor-state disputes. A number of domestic court systems have made mediation part of the fabric of dispute resolution through incentives and compulsions to mediate. Drawing on this experience, this manuscript considers how obstacles to the uptake of investor-state mediation might be …
Emerging Market Economies And International Investment Law: Turkey-Africa Bilateral Investment Treaties, Uche E. Ofodile
Emerging Market Economies And International Investment Law: Turkey-Africa Bilateral Investment Treaties, Uche E. Ofodile
Vanderbilt Journal of Transnational Law
This Article offers a critical and penetrating insight into the bilateral investment treaties (BITs) between Turkey and countries in Africa. Since 2003, Turkey has concluded BITs with twenty-eight countries in Africa. This Article seeks answers to some very important questions. In the BITs between Turkey and countries in Africa, is Turkey merely conforming to the norms and standards established by Western countries, or is Turkey changing these norms in fundamental ways? Compared to BITs between Western nations and countries in Africa, are Turkey-Africa BITs more oriented towards sustainable development and, if so, in what respects? In what ways are emerging …
Between Power Politics And International Economic Law: Asian Regionalism, The Trans-Pacific Partnership And U.S.-China Trade Relations, Jiangyu Wang
Pace International Law Review
This Article examines the interactions of power politics and international economic law in the development of regionalism in Asia, particularly in the context of United States-China trade relations. It argues that the process of regional economic integration in Asia has been slow-moving because of the politicization of regionalism by power rivalries. China’s initial regional integration initiatives apparently ignored the United States, a superpower which has always been a major player in Asia and an indispensable part of the region’s economic process. The United States-led Trans-Pacific Partnership was allegedly designed to exclude China, Asia’s largest economy. On the other hand, the …
Transparency: An Analysis Of An Evolving Fundamental Principle In International Economic Law, Carl-Sebastian Zoellner
Transparency: An Analysis Of An Evolving Fundamental Principle In International Economic Law, Carl-Sebastian Zoellner
Michigan Journal of International Law
This Note will first sketch the theoretical underpinnings of transparency in an interdisciplinary overview of its possible meanings and advantages in the present context. It will then survey documents and instruments of international economic law in which language embracing the transparency principle is already present. The Note's main section proceeds to ask whether, in the actual application of those agreements, the transparency principle has had any notable impact on the interpretation of state obligations. Finally, in addressing transparency's future role in international economic law, this Note briefly discusses additional problems which might be resolved through a transparency-based approach.
"International Financial Law," An Increasingly Important Component Of "International Economic Law": A Tribute To Professor John H. Jackson, Joseph J. Norton
"International Financial Law," An Increasingly Important Component Of "International Economic Law": A Tribute To Professor John H. Jackson, Joseph J. Norton
Michigan Journal of International Law
A Tribute to John H. Jackson
Reflections On The Mjil Special Issue, John H. Jackson
Reflections On The Mjil Special Issue, John H. Jackson
Michigan Journal of International Law
A reflection on this special issue of Michigan Journal of International Law and its subject by Professor John H. Jackson.
How To Constitutionalize International Law And Foreign Policy For The Benefit Of Civil Society?, Ernst-Ulrich Petersmann
How To Constitutionalize International Law And Foreign Policy For The Benefit Of Civil Society?, Ernst-Ulrich Petersmann
Michigan Journal of International Law
All societies have adopted rules in order to reconcile conflicts among the short-term interests of their citizens with their common long-term interests. All societies have learned that rule-making and rule-enforcement require government powers, as well as "checks and balances" against abuses of such powers. Constitutionalism has emerged as the most important human invention for protecting equal rights of the citizens against such abuses. It rests on the rationality of Ulysses who, when approaching the island of the sirens and knowing of their dangers, ordered his companions to bind him to the mast and not to release him under any circumstances.' …
Reformulated Gasoline Under Reformulated Wto Dispute Settlement Procedures: Pulling Pandora Out Of A Chapeau?, Jeffrey Waincymer
Reformulated Gasoline Under Reformulated Wto Dispute Settlement Procedures: Pulling Pandora Out Of A Chapeau?, Jeffrey Waincymer
Michigan Journal of International Law
Part I of the article begins by outlining existing GATT/WTO provisions concerning trade-related environmental measures which were relevant to the Reformulated Gasoline case. Part II then outlines the facts in the dispute and gives a brief introduction to the decisions at the Panel and Appellate Body stages. Part III deals with the present and potential implications for the appellate process in terms of the substance of the dispute, the methodology and procedure adopted, and the wider issues that the case brings to attention. This Part also addresses some of the theoretical and practical issues that affect the question of the …
The Impact Of Security Concerns Upon International Economic Law, David D. Knoll
The Impact Of Security Concerns Upon International Economic Law, David D. Knoll
Syracuse Journal of International Law and Commerce
Having raised the question of whether differently structured economies can both gain from trade and retain a sense of national security, this paper seeks to analyze the progress of international economic law in regulating the interface between trade and defense policies.
Implementing The Tokyo Round: Legal Aspects Of Changing International Economic Rules, John H. Jackson, Jean-Victor Louis, Mitsuo Matsushita
Implementing The Tokyo Round: Legal Aspects Of Changing International Economic Rules, John H. Jackson, Jean-Victor Louis, Mitsuo Matsushita
Michigan Law Review
International economic and political interdependence has increased dramatically since the close of World War II. We now watch foreign wars on our living room television sets, move billions of dollars worth of funds across national borders daily, and feel the effects of political violence in the Mideast throughout our domestic farmlands. A corollary to economic and political interdependence, however, is the less visible but equally pervasive problem of legal interdependence. Any attempt, in the contemporary world, to create new international rules or institutions necessarily depends on the national legal and constitutional systems of a number of countries. This Article analyzes …