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The Current Outcome of Food Prices Regulation 食品价格调控的当前成果
Law & Society: International & Comparative Law eJournal Pub Date : 2021-02-26 DOI: 10.2139/ssrn.3793829
D. Ternovskiy
{"title":"The Current Outcome of Food Prices Regulation","authors":"D. Ternovskiy","doi":"10.2139/ssrn.3793829","DOIUrl":"https://doi.org/10.2139/ssrn.3793829","url":null,"abstract":"The direct regulation of prices for vegetable oil, sugar, and bread has helped to stop their growth, however it has not resulted in halting food inflation as a whole. Restrictive measures on wheat exports have led to world prices growth but when put into effect they can reduce prices for the consumers on the domestic market. The proposed mechanism for revenue shortfall compensation for agricultural producers will reimburse direct losses from the imposition of export duties but not losses incurred from price reduction on the domestic market.","PeriodicalId":218878,"journal":{"name":"Law & Society: International & Comparative Law eJournal","volume":"25 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-02-26","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"116742806","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: 0
Entangling the Legalities of Utopia: New Terrains of Entanglement among Traditional and Data Driven Social Credit Governance 纠缠乌托邦的合法性:传统与数据驱动的社会信用治理纠缠的新领域
Law & Society: International & Comparative Law eJournal Pub Date : 2021-01-15 DOI: 10.2139/ssrn.3766905
L. Backer
{"title":"Entangling the Legalities of Utopia: New Terrains of Entanglement among Traditional and Data Driven Social Credit Governance","authors":"L. Backer","doi":"10.2139/ssrn.3766905","DOIUrl":"https://doi.org/10.2139/ssrn.3766905","url":null,"abstract":"This paper is an initial of an examination of the entanglement between conventional and \"new form\" legal systems and emerging data driven and social credit systems. The idea is to try to understand how two sets of systems, interlinked but autonomous, may now entangle as two quite distinct forms of legalities. Those interlinkages, in turn, suggest consequences for the character of each and their respective role in the organization and management of human collectives (states, global production chains, civil society, and the like). The objects of examination, these two families of legalities which find themselves opposed and connected, add a layer of complication and new ways of entangling well beyond that of the entanglement of traditional legalities (at least from my perspective) in a number of ways. Is it possible even at this early stage to attempt a rationalization of those encounters? That task is worth a try: the nature of the entanglement of conventional legalities with those of data driven legal orders may be rationalized at least as a preliminary matter.","PeriodicalId":218878,"journal":{"name":"Law & Society: International & Comparative Law eJournal","volume":"79 3","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-01-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"120888516","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: 0
Gramercy Funds Management LLC v. The Republic of Peru An empirical study of interim measures under 2013 UNCITRAL Arbitration Rules Gramercy基金管理有限责任公司诉秘鲁共和国案:2013年《贸易法委员会仲裁规则》下临时措施的实证研究
Law & Society: International & Comparative Law eJournal Pub Date : 2021-01-14 DOI: 10.2139/ssrn.3774069
Mateo Garcia Fuentes
{"title":"Gramercy Funds Management LLC v. The Republic of Peru An empirical study of interim measures under 2013 UNCITRAL Arbitration Rules","authors":"Mateo Garcia Fuentes","doi":"10.2139/ssrn.3774069","DOIUrl":"https://doi.org/10.2139/ssrn.3774069","url":null,"abstract":"Interim measures have certainly become an influential and important procedural instrument in investment arbitration procedures. As such, arbitral tribunals have demonstrated an increasing willingness to grant provisional measures. Nevertheless, such expansive approach should not disregard two main elements: (i) due process and (ii) the peremptory nature of procedural law.<br><br>The present paper intends to address the the concept of provisional measures and the legal standards that ought to be met under 2013 UNCITRAL Arbitration Rules based on previous case law. It will be particularly assessed how the Gramercy v. Peru Tribunal addressed the issue of non-aggravation measures as it gives raise to multiple questions.","PeriodicalId":218878,"journal":{"name":"Law & Society: International & Comparative Law eJournal","volume":"21 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-01-14","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"130287288","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: 0
Are There Global Obligations to Assist in the Realization of Socio-Economic Rights? 是否有协助实现社会经济权利的全球义务?
Law & Society: International & Comparative Law eJournal Pub Date : 2021-01-01 DOI: 10.2139/ssrn.3839482
E. Pribytkova
{"title":"Are There Global Obligations to Assist in the Realization of Socio-Economic Rights?","authors":"E. Pribytkova","doi":"10.2139/ssrn.3839482","DOIUrl":"https://doi.org/10.2139/ssrn.3839482","url":null,"abstract":"This Article focuses on global obligations to assist in realizing socio-economic rights, which represent a missing element in existing international human rights law. They are neither understood correctly in human rights theory and discourse nor acknowledged and implemented in international legal order. Contemporary mechanisms for assistance are insufficient, inefficient, and often violate human rights. Accountability bodies capable of holding multiple actors responsible for their breaches of obligations to assist are lacking. Since global obligations to assist are indispensable for reducing extreme poverty and inequality, as well as empowering the most vulnerable individuals and societies, the justification, conceptualization, and furtherance of such obligations is a task of paramount significance. In a time of pandemic, an efficient global system of assistance is more important than ever. On the basis of normative principles that are defended in contemporary legal and political philosophy and embedded in human rights law, the Article proposes a coherent and plausible framework for reconstructing international human rights law regulating obligations to assist. It develops a legal-philosophical justification and outlines a legal conception of global human rights obligations to assist. Following that, it critically assesses human rights instruments governing obligations of assistance, detects gaps, and suggests improvements. The Article also examines existing mechanisms used to implement obligations to assist and their critique, formulates recommendations on how current institutions and practices of assistance might be fortified, and sketches some important features of a global institutional design necessary for the realization of global obligations to assist.","PeriodicalId":218878,"journal":{"name":"Law & Society: International & Comparative Law eJournal","volume":"144 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"132469420","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: 0
Negotiation of Specific Commitments Under the GATS – A Legal Commentary on Article XIX GATS GATS下具体承诺的谈判-对GATS第19条的法律评论
Law & Society: International & Comparative Law eJournal Pub Date : 2020-12-21 DOI: 10.2139/SSRN.3757467
Panos Delimatsis
{"title":"Negotiation of Specific Commitments Under the GATS – A Legal Commentary on Article XIX GATS","authors":"Panos Delimatsis","doi":"10.2139/SSRN.3757467","DOIUrl":"https://doi.org/10.2139/SSRN.3757467","url":null,"abstract":"This contribution offers a comprehensive analysis of Art. XIX GATS, entitled “Negotiation of Specific Commitments”, which clarifies the manner in which negotiations under the GATS should proceed in order to progressively achieve higher levels of liberalization. This provision also identifies various factors that should be taken into account during the future negotiations on services, such as Members’ national policy objectives and their level of development, and ensuring appropriate flexibility for developing countries. The fact that the single undertaking approach appears to be currently in retreat in favour of a plurilateral approach offers interesting perspectives. Negotiations for additional services liberalization alone can also create an important number of trade-offs as many economies, developed and developing alike, maintain several barriers to trade in services. For this to occur, services negotiations will need to be driven by domestic priorities and forces that gradually encompass the extensive payoffs associated with the pursuit of regulatory reforms in the service sector.","PeriodicalId":218878,"journal":{"name":"Law & Society: International & Comparative Law eJournal","volume":"434 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-12-21","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"129086706","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: 0
Some Reflections Concerning Referendums in Ireland 关于爱尔兰全民公决的一些思考
Law & Society: International & Comparative Law eJournal Pub Date : 2020-12-10 DOI: 10.2139/ssrn.3746377
G. Barrett
{"title":"Some Reflections Concerning Referendums in Ireland","authors":"G. Barrett","doi":"10.2139/ssrn.3746377","DOIUrl":"https://doi.org/10.2139/ssrn.3746377","url":null,"abstract":"We live in times in which referendums have recently been major news in a variety of jurisdictions, but most especially of course the United Kingdom, the political system of which remains even now convulsed by the efforts it is making to come to terms with the referendum vote of 23 June 2016 to leave the European Union, and Spain, where the implications of the controversial Catalan independence referendum held on 1 October 2017 (having earlier been declared illegal by the Constitutional Court of Spain) continue to reverberate with uncertain long-term constitutional implications. <br><br>The present paper involves a modest attempt to bring some comparative perspective to bear deriving from a jurisdiction which, for better or for worse, has a reasonably lengthy history of dealing with referendums: that of Ireland. More specifically, this paper seeks to reflect briefly a number of phenomena that have become features of the Irish referendum landscape, and that seem to me to be interesting from a comparative perspective.","PeriodicalId":218878,"journal":{"name":"Law & Society: International & Comparative Law eJournal","volume":"41 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-12-10","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"127438411","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: 1
International Trade and Earnings Inequality: A New Factor Content Approach 国际贸易与收入不平等:一种新的要素含量方法
Law & Society: International & Comparative Law eJournal Pub Date : 2020-12-01 DOI: 10.2139/ssrn.3750388
Rodrigo Adão, Paul E. Carrillo, Arnaud Costinot, D. Donaldson, D. Pomeranz
{"title":"International Trade and Earnings Inequality: A New Factor Content Approach","authors":"Rodrigo Adão, Paul E. Carrillo, Arnaud Costinot, D. Donaldson, D. Pomeranz","doi":"10.2139/ssrn.3750388","DOIUrl":"https://doi.org/10.2139/ssrn.3750388","url":null,"abstract":"We develop a new factor content approach to study the impact of trade on inequality. Our analysis generalizes the theoretical results of Deardorff and Staiger (1988) and improves on past empirical implementations of these results. Combined with unique administrative data from Ecuador, our approach yields measures of individual-level exposure to exports and imports, for both capital and labor income, as well as estimates of the incidence of such exposure across the income distribution. We find that international trade raises earnings inequality in Ecuador, especially in the upper-half of the income distribution. However, the drop in inequality experienced by Ecuador over the last decade would have been less pronounced in the absence of trade.","PeriodicalId":218878,"journal":{"name":"Law & Society: International & Comparative Law eJournal","volume":"6 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-12-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"123346254","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: 12
The Role of International Law in Vaccinating Against COVID-19: Appraising the COVAX Initiative 国际法在COVID-19疫苗接种中的作用:评估COVID-19疫苗获取计划
Law & Society: International & Comparative Law eJournal Pub Date : 2020-11-19 DOI: 10.2139/ssrn.3733454
Armin von Bogdandy, Pedro A. Villarreal
{"title":"The Role of International Law in Vaccinating Against COVID-19: Appraising the COVAX Initiative","authors":"Armin von Bogdandy, Pedro A. Villarreal","doi":"10.2139/ssrn.3733454","DOIUrl":"https://doi.org/10.2139/ssrn.3733454","url":null,"abstract":"Finally, there are approved vaccines against COVID-19, but they will be certainly scarce at first. As a result, vaccine nationalism is rampant. However, for considerations of self-interest, solidarity as well as of international law, national governments should also cater for the health of other countries’ populations. This article presents the main legal instruments of vaccine nationalism as well as the COVAX Initiative as an instrument for a fairer global distribution of the life-saving medicine. An analysis of the international right to health shows the normative underpinnings of COVAX and the promise it holds for sustainable solidarity.","PeriodicalId":218878,"journal":{"name":"Law & Society: International & Comparative Law eJournal","volume":"31 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-11-19","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"123452579","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: 11
Enforcement of Investment Arbitration Awards 投资仲裁裁决的执行
Law & Society: International & Comparative Law eJournal Pub Date : 2020-11-07 DOI: 10.2139/ssrn.3730569
L. Borlini, Stefano Siligardi
{"title":"Enforcement of Investment Arbitration Awards","authors":"L. Borlini, Stefano Siligardi","doi":"10.2139/ssrn.3730569","DOIUrl":"https://doi.org/10.2139/ssrn.3730569","url":null,"abstract":"The enforceability of decisions is a central pillar of any dispute resolution mechanism, whether of internal or international nature. This chapter aims to explain the rules for enforcement under the two main enforcement systems that are currently in force in the realm of investment arbitration: the 1958 New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards, and the 1965 Washington Convention (the “ICSID Convention”). In particular, Section 2 analyses the scheme for enforcement under the New York Convention, and assesses the obligations of the states parties; Section 3 examines the scheme for enforcement under the ICSID Convention along with the related obligations of states parties. In both cases, we will shortly introduce a linkage to the threat that sovereign immunity for execution of awards poses to the function of the investor-state arbitration regime. Some conclusions on the relationship between the two Conventions will be attempted. In such a context we will finally propose some reflections on an issue related to the enforcement and recognition of arbitral awards which could assume particular relevance in the very near future: the proposed investment court system (ICS) and multilateral investment court (MIC). We thus briefly address the main doubts that have been raised concerning the enforcement and recognition of decisions by the ICS/MIC.","PeriodicalId":218878,"journal":{"name":"Law & Society: International & Comparative Law eJournal","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-11-07","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"115488265","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: 0
International Trade And Democracy: How Trade Partners Affect Regime Change And Persistence 国际贸易与民主:贸易伙伴如何影响政权更迭和持续
Law & Society: International & Comparative Law eJournal Pub Date : 2020-10-23 DOI: 10.2139/ssrn.3717614
Pavel Pronin
{"title":"International Trade And Democracy: How Trade Partners Affect Regime Change And Persistence","authors":"Pavel Pronin","doi":"10.2139/ssrn.3717614","DOIUrl":"https://doi.org/10.2139/ssrn.3717614","url":null,"abstract":"This paper explores how international trade flows contribute to democracy and shows that countries' trade partners define the nature of this relationship: higher volumes of trade with democracies are conducive to democracy, while higher trade levels with autocracies undermine it. Moreover, the effects of trade are uneven and are pronounced only for 49 states (34% of the sample). Results also indicate that trade with democracies does not sufficiently influence democratic transitions but rather helps already established democracies to endure. The \"autocratic trade\", on the opposite, undermines democratic survival, and it also reduces the probability of transition from partial democracies. Therefore, trade only partially supports democratic promotion when it is, indeed, a source of authoritarian promotion and consolidation. These findings are robust to accounting for autocorrelation, checking sensitivity of model specifications and acknowledging that democracy is measured with error. Finally, Instrumental Variable estimation, using predicted trade volumes from the Gravity Equation, shows that these effects are also causal.","PeriodicalId":218878,"journal":{"name":"Law & Society: International & Comparative Law eJournal","volume":"23 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-10-23","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"117045841","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: 0
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