LSN: Dispute Resolution (Topic)最新文献

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Environmental Implications of the North American Free Trade Agreement 北美自由贸易协定对环境的影响
LSN: Dispute Resolution (Topic) Pub Date : 1993-01-02 DOI: 10.18060/17486
M. Kelly
{"title":"Environmental Implications of the North American Free Trade Agreement","authors":"M. Kelly","doi":"10.18060/17486","DOIUrl":"https://doi.org/10.18060/17486","url":null,"abstract":"This paper urged the Clinton Administration not to negotatiate an environmental side accord to NAFTA, but rather to re-open NAFTA and include more stringent environmental protections in the trade treaty itself for fear that a side accord would be much weaker than what was needed.","PeriodicalId":131966,"journal":{"name":"LSN: Dispute Resolution (Topic)","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1993-01-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"115762742","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 3
International Settlement of Trade and Investment Disputes Over Chinese ‘Silk Road Projects’ Inside the European Union 欧盟内部关于中国“丝绸之路项目”贸易和投资争端的国际解决
LSN: Dispute Resolution (Topic) Pub Date : 1900-01-01 DOI: 10.2139/ssrn.3584173
E. Petersmann
{"title":"International Settlement of Trade and Investment Disputes Over Chinese ‘Silk Road Projects’ Inside the European Union","authors":"E. Petersmann","doi":"10.2139/ssrn.3584173","DOIUrl":"https://doi.org/10.2139/ssrn.3584173","url":null,"abstract":"International trade, competition, investment, social and environmental laws need new rules in order to better take into account the risks of market failures and governance failures (including climate change) in relations between neoliberal economies (e.g. in Africa, the Americas and Asia), state-capitalist economies (e.g. in China and many of its Asian BRI partner countries) and ordo-liberal economies (e.g. in Europe). The more globalisation transforms national into transnational public goods (PGs) (like transnational connectivity among BRI countries, climate stability) which no state can unilaterally protect without international law and cooperation, the more multilevel governance of transnational PGs requires multilevel protection of transnational rule of law; also the legitimacy of economic, financial and investment cooperation in the implementation of BRI projects depends on rules-based legal frameworks, impartial dispute settlement procedures, predictability and compliance of governance with the ‘rule of law’.","PeriodicalId":131966,"journal":{"name":"LSN: Dispute Resolution (Topic)","volume":"66 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"124130706","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 4
International Justice and Developing Countries: A Quantitative Analysis 国际正义与发展中国家:定量分析
LSN: Dispute Resolution (Topic) Pub Date : 1900-01-01 DOI: 10.1163/157180302760505389
Cesare P. R. Romano
{"title":"International Justice and Developing Countries: A Quantitative Analysis","authors":"Cesare P. R. Romano","doi":"10.1163/157180302760505389","DOIUrl":"https://doi.org/10.1163/157180302760505389","url":null,"abstract":"During the last decade, there has been a significant increase in the use by developing countries of international dispute settlement bodies. The dispute settlement procedures of the International Court of Justice (ICJ) and the World Trade Organization (WTO), in particular, have seen a surge in activity generated primarily by Southern governments. This development has generally been greeted positively as evidence of an improvement in the perceived usefulness of these bodies by a more diverse constituency. Nonetheless, despite the significance of these developments, there has been relatively sparse attention paid to developing countries' perspectives on international justice and the factors determining their resort to international judicial bodies. This study attempts to contribute to the debate by analyzing the use by developing countries of international judicial bodies. This study is articulated in two parts. The first half of this study (this paper) contains its methodological and quantitative aspects. Particular attention is given to laying out what is meant by \"developing countries\", for there is no consensus on the exact meaning of the term. Quantitative data about the number of cases that have been brought before international judicial fora other than regional courts and the countries and types of disputes involved is also presented. The second half of this study (Cesare Romano, International Justice and Developing Countries (cont.): A Qualitative Analysis, The Law and Practice of International Courts and Tribunals, Vol. 1, issue 3, 2002, ISSN 1569-1853, pp. 539-611) explores three key aspects of the resort to international judicial bodies by developing countries: access to judicial bodies; capacity to use them; and willingness to use them.","PeriodicalId":131966,"journal":{"name":"LSN: Dispute Resolution (Topic)","volume":"55 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"126027564","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 10
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