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Pricing Compliance: When Formal Remedies Displace Reputational Sanctions, Rachel Brewster Jan 2013

Pricing Compliance: When Formal Remedies Displace Reputational Sanctions, Rachel Brewster

Faculty Scholarship

The conventional wisdom in international law is that dispute resolution institutions sharpen the reputational costs to states. This article challenges this understanding by examining how the inclusion of dispute resolution tribunals and remedy regimes can alter reputational analysis by shifting the audience¹s understanding of how mandatory a treaty's substantive obligations are. Drawing on the distinction between prices and sanctions, this article contests the assumption that the introduction of a remedy regime in international agreements will regularly increase compliance with the treaty¹s substantive terms. Instead, some remedy regimes may 'price' deviations from the treaty¹s terms and thereby facilitate breaches of the …


The Foreign Direct Investment Regulations: Constitutional Questions And Operational Aspects Examined, Jeffrey G. Miller Jan 1970

The Foreign Direct Investment Regulations: Constitutional Questions And Operational Aspects Examined, Jeffrey G. Miller

Elisabeth Haub School of Law Faculty Publications

This article examines the constitutionality of the FDIR and similar regulations issued pursuant to section 5 (b), and comments upon the basic propriety and desireability of delegations of broad emergency powers to the President. The development of executive powers under section 5(b) will first be discussed with an eye toward determining, through the legislative history, congressional intent underlying the section. The role of judicial review of the exercise of executive emergency powers will be examined, followed by an analysis of the theory underlying the delegation of such powers to the President. Finally, the constitutional limitations on the emergency powers of …