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Articles 1 - 15 of 15
Full-Text Articles in Law
Decolonization As Dialectic Process In Law And Literature, Laura Nyantung Beny
Decolonization As Dialectic Process In Law And Literature, Laura Nyantung Beny
Reviews
The Battle for International Law addresses the South-North contest over the content and structure of international law during the period of decolonization in the global South (1955-1975). Edited volumes are inherently risky because the quality and perspectives of the various chapters can vary widely, resulting in thematic incoherency. However, J. von Bernstorff and P. Dann have successfully assembled many excellent chapters on varied topics by a diverse range of authors. Each chapter contributes significantly to the editors’ overall goal “to provide an intellectual history of the transformation of international law in the 1950s to 1970s and to offer a better …
The Integrative Effects Of Global Legal Pluralism, Monica Hakimi
The Integrative Effects Of Global Legal Pluralism, Monica Hakimi
Book Chapters
International lawyers widely understand that legal pluralism is a fact of global life and that it can, in certain settings, be desirable. But many still approach it with some trepidation. A prominent skeptical claim is that pluralist structures lack the integrative resources that unify people around a shared governance project. This claim has been prominent with respect to two kinds of conflicts that are routine in international law: (1) conflicts that play out within a single international legal arrangement, and (2) conflicts that cut across multiple legal arrangements. For both, the skeptical claim is directed at the pluralist structure itself. …
Resources For Foreign, Comparative, And International Legal Research, Kate E. Britt
Resources For Foreign, Comparative, And International Legal Research, Kate E. Britt
Law Librarian Scholarship
In our increasingly globalized world, a legal issue outside of American domestic law can pop up in a variety of circumstances. Commercial transactions, marriage and custody issues, immigration statuses, and more may involve the law of another nation or be governed by an international treaty. This article outlines some resources to help you tackle foreign, comparative, and international legal issues, whenever they arise.
Introduction To The Symposium On Soft And Hard Law On Business And Human Rights, Steven R. Ratner
Introduction To The Symposium On Soft And Hard Law On Business And Human Rights, Steven R. Ratner
Articles
This symposium turns to a major debate within a field of international law that has moved from the periphery to center stage in just a few decades—business and human rights, or BHR: Can and should international law's approach to the human rights impacts of business activity shift from today's mostly soft-law framework to a multilateral treaty regime? While advocates for and against such a treaty debate this point at the UN Human Rights Council and other venues, this symposium examines the problem from four theoretical perspectives. Each contribution offers insights for practitioners and scholars alike, but they suggest no easy …
Tax Treaties, The Constitution, And The Noncompulsory Payment Rule, Reuven S. Avi-Yonah
Tax Treaties, The Constitution, And The Noncompulsory Payment Rule, Reuven S. Avi-Yonah
Articles
US Tax treaties have been regarded as self-executing since the first treaty (with France) was ratified in 1932. Rebecca Kysar has argued this raises a doubt on whether the treaties are constitutional, because tax treaties (like other treaties) are negotiated by the executive branch and ratified by the Senate with no involvement by the House, and all tax-raising measures must originate in the House under the Origination Clause (U.S. Const. Art I, section 7, clause 7). Her preferred solution is to make tax treaties non-self executing, but that would reverse the universal practice since 1932, and is therefore unlikely. Moreover, …
Constructive Dialogue: Beps And The Tcja, Reuven S. Avi-Yonah
Constructive Dialogue: Beps And The Tcja, Reuven S. Avi-Yonah
Law & Economics Working Papers
US international tax law is commonly conceived as developed in the US and influencing the development of other countries' international tax law. This paper will argue that in the case of the TCJA, the US legislation was heavily influenced by the OECD BEPS project, and that the continuing OECD work in Pillars I and II is likely to have a similar influence on the future development of US international tax law.
Breaking The Silence: Why International Organizations Should Acknowledge Customary International Law Obligations To Provide Effective Remedies, Kristina Daugirdas, Sachi Schuricht
Breaking The Silence: Why International Organizations Should Acknowledge Customary International Law Obligations To Provide Effective Remedies, Kristina Daugirdas, Sachi Schuricht
Law & Economics Working Papers
To date, international organizations have remained largely silent about their obligations under customary international law. This chapter urges international organizations to change course, and to expressly acknowledge customary international law obligations to provide effective remedies. Notably, international organizations’ obligations to afford effective remedies need not precisely mirror States’ obligations to do so. Instead, international organizations may be governed by particular customary international law rules. By publicly acknowledging obligations to afford effective remedies, international organizations can influence the development of such particular rules. In addition, by acknowledging obligations to afford effective remedies — and by actually providing effective remedies — international …
Member States' Due Diligence Obligations To Supervise International Organizations, Kristina Daugirdas
Member States' Due Diligence Obligations To Supervise International Organizations, Kristina Daugirdas
Law & Economics Working Papers
There are two reasons to consider obligations to supervise international organizations as a distinct category of due diligence obligations. First, due diligence obligations typically require states to regulate third parties in some way. But it is harder for states to regulate international organizations unilaterally than to regulate private actors within their own territories because international law protects the autonomy of those organizations. Second, such due diligence obligations merit attention because they may compensate for the dearth of mechanisms to hold international organizations accountable when they cause harm. These accountability concerns are especially acute when it comes to private individuals who …
Parsing And Managing Inconsistency In Investor-State Dispute Settlement, Julian Arato, Chester Brown, Federico Ortino
Parsing And Managing Inconsistency In Investor-State Dispute Settlement, Julian Arato, Chester Brown, Federico Ortino
Other Publications
Inconsistency in legal interpretation is among the most salient problems in investor-state dispute settlement (ISDS). Some such instances have been particularly glaring, and introducing consistency into ISDS rates high on the agenda of reformers - particularly for several government delegations leading multilateral reform efforts in the United Nations Commission on International Trade Law (UNCITRAL) Working Group III. This Article starts from the position that some degree of interpretive inconsistency is endemic to any legal order. Yet systemic inconsistency tends to undermine the basic purposes of the investment treaty regime – namely protecting and promoting foreign direct investment through predictable international …
The Perils Of Pandemic Exceptionalism, Julian Arato, Kathleen Claussen, J. Benton Heath
The Perils Of Pandemic Exceptionalism, Julian Arato, Kathleen Claussen, J. Benton Heath
Articles
In response to the pandemic, most states have enacted special measures to protect national economies and public health. Many of these measures would likely violate trade and investment disciplines unless they qualify for one of several exceptions. This Essay examines the structural implications of widespread anticipated defenses premised on the idea of “exceptionalism.” It argues that the pandemic reveals the structural weakness of the exceptions-oriented paradigm of justification in international economic law.
International Law And Theories Of Global Justice: Remarks, Steven R. Ratner, James Stewart, Jiewuh Song, Carmen Pavel
International Law And Theories Of Global Justice: Remarks, Steven R. Ratner, James Stewart, Jiewuh Song, Carmen Pavel
Articles
International law (IL) and political philosophy represent two rich disciplines for exploring issues of global justice. At their core, each seeks to build a better world based on some universally agreed norms, rules, and practices, backed by effective institutions. International lawyers, even the most positivist of them, have some underlying assumptions about a just world order that predisposes their interpretive methods; legal scholars have incorporated concepts of justice in their work even as their overall pragmatic orientation has limited the nature of their inquiries. Many philospophers, for their part, have engaged with IL to some extent—at a minimum recognizing that …
Constructive Dialogue: Beps And The Tcja., Reuven Avi-Yonah
Constructive Dialogue: Beps And The Tcja., Reuven Avi-Yonah
Articles
From its inception, the international tax regime was heavily influenced by the United States. The regime is traditionally traced back to the work of the four economists for the League of Nations in 1923, who came up with the orig- inal compromise underlying the tax treaty network, i.e., that passive income should be taxed primarily at residence and active income primarily at source (the “benefits principle”). Arguably, this compromise between the claims of res- idence and source countries was made possible by the U.S. unilateral adoption of the foreign tax credit in 1918, because the United States (already the world’s …
Breaking The Silence: Why International Organizations Should Acknowledge Customary International Law Obligations To Provide Effective Remedies, Kristina Daugirdas, Sachi Shuricht
Breaking The Silence: Why International Organizations Should Acknowledge Customary International Law Obligations To Provide Effective Remedies, Kristina Daugirdas, Sachi Shuricht
Book Chapters
To date, international organizations have remained largely silent about their obligations under customary international law. This chapter urges international organizations to change course, and to expressly acknowledge customary international law obligations to provide effective remedies. Notably, international organizations’ obligations to afford effective remedies need not precisely mirror States’ obligations to do so. Instead, international organizations may be governed by particular customary international law rules. By publicly acknowledging obligations to afford effective remedies, international organizations can influence the development of such particular rules. In addition, by acknowledging obligations to afford effective remedies—and by actually providing effective remedies—international organizations can rebut arguments …
The Restatements And The Rule Of Law, Kristina Daugirdas
The Restatements And The Rule Of Law, Kristina Daugirdas
Book Chapters
This chapter explores the promotion of the rule of law. In drafting and publishing Restatements of Foreign Relations Law, both the American Law Institute and the reporters have understood the projects as contributing to the rule of law at the international level, at the domestic level, or both. There are at least three distinct ways that these Restatements might promote the rule of law. First, they might do so by clarifying the content of the law. Second, the Restatements might contribute to the development of new legal rules, specifically to the evolution and consolidation of customary international law. Finally, the …
Reacting Against Treaty Breaches, Bruno Simma, Christian J. Tams
Reacting Against Treaty Breaches, Bruno Simma, Christian J. Tams
Book Chapters
States regularly proclaim the sanctity of treaty obligations and few principles are as firmly established as pacta sunt servanda. Yet, treaty breaches are by no means exceptional: adapting one of international law's most celebrated statements, one might even say that 'almost all nations, almost all the time, consider their rights under a given treaty to be violated: By way of a snapshot, at the time of writing, eleven of fourteen active contentious cases pending before the International Court of Justice (ICJ) involve claims, by one State, that a certain treaty has been violated. And this ignores the many treaty breaches …