Bigdeli, Resurrecting the Dead? Spiro: The End of Olympic Nationality. Peter J. Spiro Temple Univ. Here's the abstract: Sport supplies useful terrain on which to explore meanings of loyalty and identity. Labels: Scholarship - Articles and Essays. Elizabeth Chadwick Nottingham Trent Univ. Labels: Scholarship - Books , Self-Determination.
Diane Alferez Desierto Yale Univ. Here's the abstract: This article explores the international right of development, as expressed in the design of new trade-based international investment agreements IIAs. I show that, hitherto, development has figured mostly in investment arbitration primarily through the question of jurisdictional gate keeping — and how to reconcile the meaning of investment within Article 25 of the ICSID Convention with the effect of pro-development language in the Preamble to the ICSID Convention.
The inherent fluidity of the concept of development, coupled with the absence of any language within Article 25 of the ICSID on the international right to development, further supports the view that the Convention did not intend to impose development contributions as a strict condition or mandatory criterion before gaining access to ICSID jurisdiction. Rather than focus on the problematic uses of the international right of development in jurisdictional gate keeping, I draw attention to the actual nature of the international right to development and its implementation, which has less to do with justiciability or adjudicated remedies , than the direct implementation and supervision of States.
These phenomena demonstrate a marked paradigm shift towards more effective deployment of the international right of development in international investment rule-making. The latest issue of Water International Vol. Dellapenna, The customary law applicable to internationally shared groundwater Salman M. Brooks, Governance of transboundary aquifers: new challenges and new opportunities W. David N. Labels: International Watercourses. The table of contents is here. Here's the abstract: The international carriage of goods by sea has been regulated by international conventions.
Furthermore the advent of subsequent regimes has resulted in the uniformity in the carriage of goods by sea once provided by the Hague Rules being lost.
The Interaction between World Trade Organisation (WTO) Law and External International Law
Since then drafters of the Rotterdam Rules, academics and practitioners have been publicizing, discussing, and evaluating the Rules. This book is an effort to further explore those same goals.
Gregory Shaffer Univ. The essay notes how the authors build and apply theory along the following dimensions within a single book, addressing i the construction of global norm-making; ii the intermediating processes through which global norms are conveyed to national settings; iii the national enactment and implementation of global norms; and iv the recursive processes through which global norm-making and national lawmaking interact dynamically over time. Such work requires the simultaneous study of the construction of global legal norms, their transnational transmission, their reception in national legal systems, and the processes through which this reception feeds back and potentially reshapes the globalizing legal norm.
Labels: Book Reviews , International Lawmaking. Smith, More of the Same or Something Different? Emmanuel Gaillard Univ. Contents include: Thomas E. Ronnie R. Here's the abstract: International legal scholarship is concerned with the fragmentation of international law into specialised legal systems such as trade, environment and human rights. Fragmentation raises questions about the inter-systemic interaction between the various specialised systems of international law. This study conceptually focuses on the interaction between World Trade Organisation WTO law and external international law.
It introduces a legal theory of WTO law, constrained openness, as a way to understand that interaction. The idea is that WTO law, from its own internal point of view, constructs its own law. The effect is that external international law is not incorporated into WTO law wholesale, but is re constructed as WTO law. It follows that legal systems do not directly communicate with each other.
Therefore, to influence WTO law, an indirect strategic approach is required, which recognises the functional nature of the differentiated systems of the fragmented international legal system. Colin Picker, Islands of prosperity and poverty: a rational trade development policy for economically heterogeneous states Caf Dowlah, The generalized system of preferences of the United States: does it promote industrialization and economic growth in least developed countries? Here's the abstract: This article concerns quasi-states, namely territorial entities that operate in an effective manner similar to that of states, but do not claim to be states.
Labels: Scholarship - Articles and Essays , Statehood.
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Milanovic: Aggression and Legality: Custom in Kampala. Marko Milanovic Univ. Here's the abstract: This article tests the Kampala compromise on the aggression amendments to the Rome Statute of the International Criminal Court against the principle of legality, nullum crimen sine lege, requiring criminal law to be reasonably clear and prohibiting its retrospective application.
But this is secondary to the real question.
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To understand the real grounds of intellectual difference between us and Posner it is valuable to state the important measure of agreement to which he rightly alludes. The conceptual, and more recently empirical, study of compliance has become a central preoccupation, and perhaps the fastest growing sub-field, in international legal scholarship.
The authors seek to put in question this trend. They argue that looking at the aspirations of international law through the lens of rule-compliance leads to inadequate scrutiny and understanding of the diverse complex purposes and projects that multiple actors impose and transpose on international legality, and especially a tendency to oversimplify if not distort the relation of international law to politics. Citing a range of examples from different areas of international law-ranging widely from international trade and investment to international criminal and humanitarian law-the authors seek to show how the concept of compliance especially viewed as rule-observance is inadequate to understanding how international law has normative effects.
Associated during the Cold War with currency controls, unreal exchange rates, administratively managed trade, and other pathologies of command economies, barter and other forms of countertrade such as counterpurchase have more than survived the end of Communism. In official trade-policy circles, however, there is a marked and long-standing distaste for countertrade, stemming from their strong association with the dysfunctions of command economies.
Robert Howse - Publications | NYU School of Law
In this essay I explore the emergence of the preudice against barter and countertrade in the CAT era during the s; I then draw on a body of economic literature that applies transaction costs theory to international barter and countertrade transactions to suggest why these transactions may have 'legitimate' economic rationales rather than being attributable to pathologies such as corruption, cronyism, wasteful subsidization, and currency manipulation.
In light of this analysis, I then proceed to examine relevant provisions of the wro treaties, in order to assess the extent to which these disciplines may limit the scope of countertrade between wro members. In fact, what the Court did was to read literally—and some would say narrowly or pedantically—the question it was asked, and thus to avoid opining on the major legal and related policy issues raised by the act of secession, including whether there is a right to proceed with a unilateral act of secession, and to whom such a right may or may not belong.
On the literal reading, the Court was not asked, and thus it did not rule on, whether international law requires that the final status of Kosovo protect the group and individual rights of minorities, whether Kosovar Serbs or Roma. Likewise, the Court did not rule on whether Serbia or, indeed, any other State in the world community is required to recognize Kosovo as an independent State. First, what role does and should stare decisis precedent play in the WTO dispute-resolution system?
Second, are there circumstances under which exceptional methodologies, i. We argue that the institutional structure and foundational norms of the WTO imply the need for Panels to be bound by the prior decisions of the Appellate Body. Our economic analysis describes the costs and benefits of legal systems with and without precedent. Regarding methodology, we argue that any analysis of the suitability of a methodology i.
We conclude that, under limited circumstances, the zeroing methodology is more effective at remedying injury than the ordinary methodology outlined in the Anti-Dumping Agreement. The article examines the trajectory of tribunalization in selected regimes, those of war and of commerce and explores the hypothesis that tribunalization in these regimes reflects a common trajectory or tendency in international order.
It notes that tribunals allow for and require greater openness to several influences or factors than diplomatic and technocratic cultures of international regimes. It explains the concept of tribunalization which is said to have led to re-entanglement with politics, while politics itself has been changed or developed by tribunalization. The EC-Biotech dispute exposed the WTO dispute settlement system to a more challenging test than any previous dispute. Not only did the Panel have to take a stand on the limits of science, or technocratic regulatory controls, to protect against objective risk, but in this regard faced more complex issues than ever addressed before by an adjudicating body.
The dispute also concerned an extremely charged political issue, partly because of inherent ethical sensitivities with regard to foodstuffs, partly due to public skepticism about the role of science, and partly due to a common public perception of the complaint as being driven by the interests of an untrustworthy industry. Because of these and other challenges, the Panel faced an almost impossible task.
This paper discusses how the Panel addressed some of these issues.
The recently after our report was drafted decided appeal in EC-Hormones Suspension is likely to reduce the significance for WTO jurisprudence of some of the Panel's findings in EC-Biotech, given the apparently different approach of the AB to fundamental interpretative issues under SPS concerning the meaning of risk assessment and precaution. The article contends that the World Trade Organization WTO legal system and WTO dispute settlement system both have characteristics of an effective legal system which the author claims has the capacity for evolution through incremental practice.
The author accounts a story that reflects common law prejudice on what makes legal systems work. He claims that the WTO dispute settlement system shows its efficacy through evolving by practice in the absence of a change in the treaty mandate. According to the most recent figures, E. An important recent World Trade Organization dispute settlement case for many developing countries concerned European Union exports of sugar.
Any other coaching guidance? Don't have an account? Cranston M What are Human Rights? Bodley Head Rakotoarisoa Ramesh P. Sharma and David Hallam eds fao Kelsey tr Book ii chapter Joseph S Blame it on the wto? Oxford University Press I in Ronald F. Foxburgh ed 3 rd ed. J Macdonald and D. Prins B. Kaltenborn eds unep Currency and addition of Tax VAT depend on your shipping address. Author: Rhonda Ferguson. Add to Cart. Have an Access Token?