Organizations Law Commons^™

Theory And Theoretical Approaches To Wto Law, Chios Carmody

Law Publications

This article examines the role of theory in relation to the law of the World Trade Organization (WTO), and more broadly, international economic law. It posits that an absence of agreement about an underlying theory of WTO law can be traced to lack of clarity about what a ‘theory’ is as well as the fact that the current vogue for interdisciplinary approaches to law means that WTO law, in particular, is analyzed through non-normative frameworks that are removed from the law’s legality. The article goes on to examine three theoretic frameworks – textual, political, and economic – that have been …

Choosing The Partnership: English Business Organization Law During The Industrial Revolution, Ryan Bubb

Seattle University Law Review

For most of the period associated with the Industrial Revolution in Britain, English law restricted access to incorporation and the Bubble Act explicitly outlawed the formation of unincorporated joint stock companies with transferable shares. Furthermore, firms in the manufacturing industries most closely associated with the Industrial Revolution were overwhelmingly partnerships. These two facts have led some scholars to posit that the antiquated business organization law was a constraint on the structural transformation and growth that characterized the British economy during the period. Importantly, however, the vast majority of manufacturing firms in the modern sector were partnerships. An easy explanation for …

Behind The Flag Of Dunant: Secrecy And The Compliance Mission Of The International Committee Of The Red Cross, Steven Ratner

Book Chapters

In the world where most NGOs see their role in the international legal process as public advocacy, often through naming and shaming, the International Committee of the Red Cross stands apart. Much of its work consists of confidential visits and secret communications to warring parties. It rarely identifies violators publicly; it leaves its legal position on many issues ambiguous; and at times it avoids legal discourse entirely. This aversion to transparency is not only at odds with the assumptions of the naming and shaming strategy regarding the most effective means to induce compliance. It also makes it almost impossible for …

Self-Defense Against Terrorists: The Meaning Of Armed Attack, Steven Ratner

Book Chapters

The last decade has witnessed increased recourse by states to military force to respond to terrorist attacks on their soil that have originated from abroad. A number of states -- including the United States -- have justified these military actions as lawful self-defense in response to an armed attack, as permitted under Article 51 of the United Nations Charter. These claims raise multiple interpretive questions about the meaning of "armed attack" under Article 51 and of the various options that are allowed in response to one. This essay explores the contemporary understanding of an "armed attack" in terms of an …

Jan. 1, 2012, Performance Standard 1, Ifc

IFC E&S Performance Standards

No abstract provided.

Persuading To Comply: On The Deployment And Avoidance Of Legal Argumentation, Steven Ratner

Book Chapters

For those international actors seeking to promote respect for international law, persuasion -- the process of social interaction whereby one actor seeks to convince another to believe or do something through principled rational arguments and interactions, without any overt coercion -- is at the core of the enterprise. Yet the scholarship in international law and international relations is woefully thin on the content of such a communication of persuasion, and, in particular, on the role of legal argumentation. This paper constructs a theoretical model for determining when and how international actors deploy legal argumentation in contrast to other arguments that …

Mar. 2, 2011, Tnc Comments On Ifc Performance Standard 6-Version 2, Ifc

IFC E&S Performance Standards

No abstract provided.

Jan. 10, 2011, Ifc, Review-Update Policy And Performance Standards, Ifc

IFC E&S Performance Standards

No abstract provided.

The Evolving International Judiciary, Karen J. Alter

Faculty Working Papers

This article explains the rapid proliferation in international courts first in the post WWII and then the post Cold War era. It examines the larger international judicial complex, showing how developments in one region and domain affect developments in similar and distant regimes. Situating individual developments into their larger context, and showing how change occurs incrementally and slowly over time, allows one to see developments in economic, human rights and war crimes systems as part of a longer term evolutionary process of the creation of international judicial authority. Evolution is not the same as teleology; we see that some international …

Dec. 10, 2010, Ifc Performance Standards_V2, Ifc

IFC E&S Performance Standards

No abstract provided.

Dec. 1, 2010, Ifc, Policy On Soc. And Environmental Sustainability _V2, Ifc

IFC E&S Performance Standards

No abstract provided.

Nov. 2010, Bretton Woods Project, Out Of Sight, Out Of Mind, Bretton Wood Project

IFC E&S Performance Standards

No abstract provided.

Jun. 1, 2010, Ifc, The International Bill Of Human Rights And Ifc Policies And Performance Standards, Ifc

IFC E&S Performance Standards

No abstract provided.

Apr. 21, 2010, Unathored, Summary Of Positions On Ifc Policy And Performance Standards And Disclosure Policy, Ifc

IFC E&S Performance Standards

No abstract provided.

Apr. 14, 2010, Ifc, Annex B_Mark Up Of Draft Policy, Ifc

IFC E&S Performance Standards

No abstract provided.

Apr. 14, 2010, Ifc, Annex A_Review And Update Of Ifc's Sustainability - Duplicate, Ifc

IFC E&S Performance Standards

No abstract provided.

Apr. 14, 2010, Ifc, Performance Standard 1-Rev.-0.1, Ifc

IFC E&S Performance Standards

No abstract provided.

It's A Bird, It's A Plane, It's Jus Cogens!, Anthony D'Amato

Faculty Working Papers

What we require—like the third bowl of soup in the story of the three bears—is a theory of jus cogens that is Just Right. I do not know if such a theory is possible. I don't even know if one is conceivable. But if someone conceives it, that person deserves the very next International Oscar. To qualify for the award, the theory must answer the following questions:

Purposeful Ambiguity As International Legal Strategy: The Two China Problem, Anthony D'Amato

Faculty Working Papers

For every definable term in international law there are clear cases and fuzzy cases. Everyone accepts that the term "state" applies to Paraguay, Poland, Portugal and over a hundred other clear cases, but does it apply to Puerto Rico, Western Samoa, the Isle of Man, the Channel Islands, Gibraltar, or the Vatican City? The word "treaty" has thousands of clear applications, but does it apply to an exchange of faxes between two governments or a handshake between two diplomats at a cocktail party? In addition to ambiguities of this kind, international law is replete with deliberately created ambiguities. One of …

Sept. 2009, Ifc, Addressing Grievances From Project-Affected Communities, Good Practice Note, Final, Ifc

IFC E&S Performance Standards

No abstract provided.

Aug. 28, 2009, J. Loukas, Bic, An Exception To All Rules, Compare Wb And Ifc Standards, Jackob Kane Loukas

IFC E&S Performance Standards

No abstract provided.

Mar. 2009, Ifc, Project-Level Grievance Mechanisms For Affected Communities, Ifc

IFC E&S Performance Standards

No abstract provided.

A Comprehensive Solution For A Targeted Problem: A Critique Of The Eu’S Home State Taxation And Ccctb Initiatives, Ilan Benshalom

Faculty Working Papers

This Article examines the European Commission's Home State Taxation and CCCTB initiatives. It argues that both proposals undermine the long-term objective of attaining a consolidated European corporate tax regime. It suggests an alternative strategy, which offers a comprehensive formulary-tax-allocation-solution in one of the hard to tax sectors, such as the financial sector. This strategy requires more efforts and political risk-taking, but would better promote the long-term objective of a consolidated EU corporate tax regime.

An edited version of this article is scheduled to be published in a future issue of European Taxation (an IBFD publication).

Regulatory Takings In Institutional Context: Beyond The Fear Of Fragmented International Law, Steven R. Ratner

Articles

Claims of regulatory expropriation have been raised in diverse venues adjudicating international investment disputes Although a basic consensus position has emerged on a state's power to affect private property rights without compensation to investors, the legality of such actions will and should depend on the specific regime and institutional context in which they are appraised. A uniform doctrinal answer is thus impossible and undesirable, and many worries about fragmentation of international law are misplaced.

Dec. 1, 2006, R. Kyte, Ifc, Letter To B. Jenkins, Bic, Et Al Re Review Of Ehs Guidelines, Rachel Kyte

IFC E&S Performance Standards

No abstract provided.

Nov. 3, 2006, Cao-About Us, Webpage, Cao

CAO General 1999-Present

No abstract provided.

Oct.10, 2006, Cao, Draft Op. Guidelines With D.Hunter Margin Notes, Cao

CAO General 1999-Present

No abstract provided.

Aug 1, 2006, Ifc, Draft Ehs Guidelines For Aquaculture, Ifc

IFC E&S Performance Standards

No abstract provided.

May 2006, W. Van Winklin, Cao, Overview Of Retrospective Analysis Of Cao Effectiveness, Powerpoint, Warren Van Wicklin, Cao

CAO General 1999-Present

No abstract provided.

May 3, 2006, Forest Peoples Program, Preliminary Assessment Of Ifc's New Safeguard Framework, Forest People Program

IFC E&S Performance Standards

No abstract provided.