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Full-Text Articles in Legal Remedies
Supplying Compliance: Why And When The United States Complies With Wto Rulings, Rachel Brewster, Adam Chilton
Supplying Compliance: Why And When The United States Complies With Wto Rulings, Rachel Brewster, Adam Chilton
Faculty Scholarship
In studies of compliance with international law, the focus is usually on the “demand side” – that is, how to increase the pressure on the state to comply. Less attention has been paid, however, to the consequences of the “supply side” – who within the state is responsible for the compliance. This Article is the first study to systematically address the issue of how different actors within the United States government alter national policy in response to the violations of international law. The Article does so by examining cases initiated under the World Trade Organization (WTO) Dispute Settlement Understanding (DSU). …
The Costs Of Changing Our Minds, Nita A. Farahany
The Costs Of Changing Our Minds, Nita A. Farahany
Faculty Scholarship
This isn’t quite a draft yet – it’s a concept paper. You’ll see after the first 10 pages a good bit of text in brackets, which are primarily notes for me, but it’ll give you a sense of the content of those sections. I’d like to talk through the concept – the “duty” to mitigate emotional distress damages and how courts have struggled with it, as a foray into a broader dichotomy that I see in a number of areas of law that suggest an implicit value in “cognitive liberty.” This is a smaller version of a broader book project …
Pricing Compliance: When Formal Remedies Displace Reputational Sanctions, Rachel Brewster
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 …
Reform Of Imf Conditionality - A Proposal For Self-Imposed Conditionality, Ofer Eldar
Reform Of Imf Conditionality - A Proposal For Self-Imposed Conditionality, Ofer Eldar
Faculty Scholarship
The IMF has faced criticism of its expansive use of conditionality. The paper proposes a new procedure for IMF lending designed to meet these criticisms by arguing for the legalization and formalization of the procedure for IMF lending in the light of legal concepts derived mainly from national administrative laws. The gist of the procedure is that, rather than have the IMF determine loan conditions following informal negotiations with member countries, countries seeking Fund assistance will design the conditions themselves. The IMF will have specified powers under which to review these conditions. Apart from other procedural requirements, conditions will have …