Law & Society: International & Comparative Law eJournal最新文献

{"title":"Causes of Violence in the World and Its Impacts on the World Economy","authors":"N. Khan, S. Fahad, M. Naushad, S. Faisal","doi":"10.2139/ssrn.3705690","DOIUrl":"https://doi.org/10.2139/ssrn.3705690","url":null,"abstract":"The study was carried out since 1, October, 2020. The major objective of the study was to find out causes of violence and its impact on world economy. Total 26 articles were downloaded from the net and studied in depth and draw the result. The result indicates that Violence is the cause of discrimination which cause the attack on one another and make the countries of the world un prosperous and latter on create tension in the world community and affect the health of the people o fthe world but also affect the economy of the world negatively and increase the poverty in this world.After world War-II below the poverty line the number of population was increased. Similar situation was also observed at urban and rural area of the world at micro level. The people who fought with one another they become poor while who escaped from the fighting they become rich. The poverty in the world. There are three things in this world namely wealth, land and wives which cause the fighting in this world and destroy the world economy. The human is naturally greedy and they want to capture the resources of the world and govern over the whole world and for this purpose they attack on other for gaining the power. Hitler want to capture the whole world and has killed many people of the world and conquered many countries of the world while latter on defeated by allied forces of the world and suicide. There is a God which noted every action of the human. To some extent they ignore while in the long run arrest to them who destroyed to Humanity of this world. So many warier came and they conquered the world while in the long run was defeated by someone. Among these, Halaku Khan, Changaz Khan, Nepoleon, and Akbar Azam who conquered the world while latter on defeated by someone. They have killed so many people. So God gives the time but never forgive to anyone and arrest to them in the long run. On the basis of problems the study recommends that to provide peace to community of the world for uplifting the economy; Economic principles should be applied for the control of violence in the world; Give respect to other and help the poor and never capture the resource of the other; Greedy is curse; Give due rights to women in the world society for controlling the violence; Use good and soft language in this world; Give due rights to everyone in world society; Never use abuse language in this world; Always respect the other; Never kill one another for the purpose of wealth and power gaining; Never use bad name to anyone in this world which is the major cause of violence; Never fight with one another and protect the economy of the world; Always care of the ecosystem of the world; Never use atomic bomb on one another for capturing the resource of the world; Never produce the nuclearweapon in the world and totally ban to them on world for killing the humanity; Free Kalshan Coafsociety should be established in this world for uplifting the world economy for the survival of life.","PeriodicalId":218878,"journal":{"name":"Law & Society: International & Comparative Law eJournal","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-10-05","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"129678054","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}

{"title":"International Contestability of Markets and the Visible Hand. Trade Regulation of State-owned Enterprises between Multilateral Impasse and New Free Trade Agreements","authors":"L. Borlini, P. Clarke","doi":"10.2139/ssrn.3730579","DOIUrl":"https://doi.org/10.2139/ssrn.3730579","url":null,"abstract":"Over the past few decades, the global trading community has seen the rising impact of state capitalism as more state-oriented economies have become increasingly enmeshed in the global trading system. State-owned Enterprises (SOEs) have become major players in the global market. This was not the case when the World Trade Organization (WTO) agreement was negotiated. At that time, the WTO presented a somewhat balanced approach to the conflicting needs of providing a stable, regulated global trade environment and maintaining the sovereign right of states to govern their economies and public policy goals in their own manner. The growth of state-involved economies, such as China, and the development of SOEs in traditional economies has led to an increasing concern over the impact of SOEs and the ability to circumvent agreed trade disciplines through the use of such SOEs. Meanwhile, the WTO has proven to be an inadequate source of regulation to address the impact of this rise in state capitalism. As attempts to revise the WTO to address contemporary issues ended without success, countries have increasingly turned to bilateral and regional preferential trade agreements (PTAs) to address their concerns and ensure that the rise of the economic power of SOEs does not harm the established conditions of competition in international markets. <br><br>In this article, we analyze the implications of the various approaches taken by the PTAs in addressing SOEs and whether they have sufficiently established a regime that will achieve the balance sought. The article places those disciplines in the context of the current trade regimes, while considering that establishing trade rules concerning SOEs raise fundamental questions about the nature and degree of government involvement in commercial affairs and the right of other governments to inquire into such involvement. The key is to recognize that there are two simultaneous goals at work in trade regulation of SOEs: On the one hand, negotiators seek to create the conditions for internationally contestable markets. On the other hand, negotiators also seek to permit domestic constituencies to maintain sufficient policy space for using SOEs to contribute to important public goals.<br><br> The emerging approaches to trade regulation of SOEs are thus tested against such dual purposes, as well as whether they address the tensions existing at the WTO level. Particularly, the present study is the first to offer a comprehensive horizontal evaluation of the trade regulation of SOEs designed by contemporary PTAs adopted by the US, the EU and other major trading partners. We conclude through this analysis that, contrary to what is maintained by other scholars, the current rules have not achieved balance. There are weaknesses in the trade disciplines established by contemporary PTAs that will lead to continued conflict among the various aims and to continued stresses in the global trading system. <br><br>The article first discusses","PeriodicalId":218878,"journal":{"name":"Law & Society: International & Comparative Law eJournal","volume":"29 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-10-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"132315715","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}

{"title":"International Law and Legal Regimes of Foreign Direct Investment in Selected African Countries","authors":"Nicholas Olwor","doi":"10.2139/ssrn.3703010","DOIUrl":"https://doi.org/10.2139/ssrn.3703010","url":null,"abstract":"In the past two decades, there have been significant changes in national and international policies of foreign direct investment (FDI). These changes have been both cause and effect in the ongoing integration of the world economy and the changing role of FDI in it. They have found expression in national laws and practices and in a variety of international instruments which includes bilateral, regional and multilateral. Traditionally, African States have played an active and relevant role in the formulation and development of international investment law. Generally, the contribution of these states is demonstrated through active participation in deliberations of the Non-Aligned Movement, the role of African States in the creation of specialized institutions such as UCTAD and the strategic use of numerical strength to sponsor numerous United Nations Resolutions. During the epitome of Africa’s active participation, African States aggressively resisted the internationalization of foreign investment rules. However, the practice of African States appears to have changed through the conclusion of BITs containing far-reaching treaty provisions.<br><br>While in earlier times indirect foreign investment was far more important than direct one, FDI acquired increasing importance as the twentieth century advanced, and it began gradually to assume the forms prevalent today. In international legal terms, however, FDI long remained a matter mainly of national concern, moving onto the international plane, where rules and principles of customary international law applied, only in exceptional cases, when arbitrary government measures affected it.<br><br>After the Second World War, attitudes towards FDI and policies and conditions in host countries were shaped by the prevalence of political support for state control over the economy and the beginning of decolonialization. Socialist countries for a longtime excluded FDI from their territories, while developing countries endeavored to regain control of their natural resources from foreign interests. At the same time, controls and restrictions over entry and operations of foreign firms were imposed in many countries, with a view to excluding FDI from certain industries for the benefit of domestic investors or the State, determining the specific terms under which investments were to be made, and ensuring the participation of local nationals in major industries. No international consensus on the pertinent legal norms could be reached at the time.<br>In the 1980s, a series of national and international developments radically reversed the policy trends prevailing then, with an immediate impact both on national policies regarding inward FDI and on regional and worldwide efforts at establishing international rules on the subject. Now at the end of the 1990s, host countries are seeking to attract FDI, by dismantling restrictions on its entry and operations and by offering strict guarantees, both national and international, ag","PeriodicalId":218878,"journal":{"name":"Law & Society: International & Comparative Law eJournal","volume":"79 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-10-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"127318158","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}

{"title":"North Atlantic Treaty Organization (NATO)","authors":"Steven Hill","doi":"10.2139/ssrn.3701006","DOIUrl":"https://doi.org/10.2139/ssrn.3701006","url":null,"abstract":"NATO regularly cites human rights as one of its core values. This overview of NATO's relationship to human rights issues identifies the main elements of NATO’s legal framework with a specific focus on components related to human rights. These include both the overarching treaty and specific mandates applicable to each mission on a case-by-case basis. It then reviews three NATO policies relevant to human rights: (1) the 2016 Protection of Civilians Policy; (2) the 2016 Protection of Children in Armed Conflict; and (3) the 2019 Policy on Preventing and Responding to Sexual Exploitation and Abuse. Finally, it reviews internal reforms in areas such as access to justice for NATO staff, highlighting the importance of human rights concerns in the internal structure and management of international organizations.","PeriodicalId":218878,"journal":{"name":"Law & Society: International & Comparative Law eJournal","volume":"7 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-09-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"133738931","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}

{"title":"Institutional Change and the Continuity of Law","authors":"Peter L. Lindseth","doi":"10.2139/ssrn.3667771","DOIUrl":"https://doi.org/10.2139/ssrn.3667771","url":null,"abstract":"This essay will be part of a forthcoming special issue of the Connecticut Law Review dedicated to the work of my UConn colleague Richard Kay. This contribution offers reflections on Rick’s theoretical and historical scholarship on processes of institutional (and, by extension, constitutional) change. Despite the intense focus on law in this work, Rick's approach suggests a surprising ambivalence about law’s role in these processes. Part I of this essay discusses this ambivalence in relation to Rick's 2014 legal-historical monograph, The Glorious Revolution and the Continuity of Law. Rick’s analysis draws theoretical inspiration primarily (though hardly exclusively) from an Anglo-American tradition, based particularly on the work of H.L.A. Hart. I argue that Rick’s Hartian approach ultimately depends on a somewhat strained distinction between law and non-law in processes of change that does not map well onto the historical record that Rick otherwise cogently analyzes. Thus, as a supplement to his Hartian framework, Rick introduces the distinction between the “axiological” underpinnings of a revolution (be they social, political, or cultural) and its “legal” manifestation, i.e., the replacement of an old rule of recognition with a new one. In doing so, Rick’s analysis begins to point us toward more complex dynamics in processes of change that I would argue are more robustly captured by an alternative framework, one drawn from a more French tradition. I am referring to the institutional theory of Maurice Hauriou, who was among the greatest administrative law scholars of the late-nineteenth and early-twentieth centuries. Hauriou's theory emphasized how law is in fact intimately bound up with processes of institutional foundation and change rather than being external to them. Part II of this essay explores how Hauriou’s approach could reinforce Rick’s work in this area, using the example of Rick’s seminal 2011 article, Constituent Authority, to demonstrate the potential connections. The key point of contact between Rick's position and that of Hauriou, I argue, is a shared rejection of a position, ultimately championed by Carl Schmitt, which viewed law primarily as a question of existential power (or, as Hauriou put it, as \"an attack that has succeeded\"). Part III of this essay then returns to Rick’s analysis of the Glorious Revolution, arguing that the effort of its protagonists to retain the language of law and to operate within its forms was a key factor in differentiating their ultimately successful and durable process of revolutionary change from other historical examples that proved more fragile. This, I would suggest, is a vindication of Hauriou’s central insight about the crucial role of law in allowing such change to achieve legitimacy and durable institutionalization over time.","PeriodicalId":218878,"journal":{"name":"Law & Society: International & Comparative Law eJournal","volume":"10 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-08-05","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"115473247","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}

{"title":"Consolidation of Arbitration Without Parties’ Consent: A Threat to Party Autonomy?","authors":"P. Damodaran","doi":"10.2139/ssrn.3662152","DOIUrl":"https://doi.org/10.2139/ssrn.3662152","url":null,"abstract":"In the era of global economic development, international commercial transactions are more complex. Many disputes involving multiple parties and multiples contracts are witnessed in international commercial arbitration today. More frequently, trades such as maritime transactions and construction projects involve several inter-related parties and contracts. In order to solve the complexities that arise in related disputes, consolidation of arbitration was introduced. Consolidation is a procedural mechanism which unites several related disputes to avoid inconsistency and multiplicity of proceedings.<br><br>However, certain jurisdictions and arbitral rules discussed in the thesis promote compulsory or forcible consolidation. Compulsory consolidation is consolidation absent parties consent. Compulsory consolidation is forcible in nature and in essence infringes certain basic principles of international commercial arbitration. Thus, resulting in irreparable consequences such as annulment of arbitral awards or refusal in enforcement. Therefore, compulsory consolidation aims to improve efficiency at the cost of infringing party autonomy.","PeriodicalId":218878,"journal":{"name":"Law & Society: International & Comparative Law eJournal","volume":"339 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-07-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"133119239","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}

{"title":"Resilience Under Crisis: Proposals and Considerations for Regional and Other Trade Agreements","authors":"Dan Ciuriak, A. Malkin, D. Ireland, G. Stanley, Craig R. Wilson, David Wynne","doi":"10.2139/ssrn.3693119","DOIUrl":"https://doi.org/10.2139/ssrn.3693119","url":null,"abstract":"With reference to major global developments including COVID-19, climate change, and digital disruption, this study positions WTO and RTAs reform as key to building robustness and resilience in global supply and value chains. The overall focus of this paper is to combine the demand for resilience posed by the COVID-19 pandemic with addressing concurrent trends in competition and the digital economy. A variety of recommendations are provided; taken together, these aim to inform the further development and implementation of RTAs for a global economic stewardship led by a refurbished WTO. Issues covered include (a) Supply Chain Management; (b) Competition implications of the COVID-19 pandemic and other global crises; (c) Including Workplace Safety Standards in RTAs to protect the integrity of at-risk Global Value Chains (GVCs); (d) Updating TRIMS for the Twenty First Century; (e) Disruption: Digital connectivity, Data Storage/Security; and (f) Principles and Norms for proportional burden-sharing and snapback provisions. Alongside the recommendations in the above areas, the study introduces the concept of a resilience dashboard designed to aid policymakers in assessing the risk and impact of various national trade responses to the COVID-19 pandemic.","PeriodicalId":218878,"journal":{"name":"Law & Society: International & Comparative Law eJournal","volume":"71 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-07-23","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"130733548","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}

{"title":"Interpretation of IP Treaties in Accordance with Art 31-33 VCLT: A Case Study on the Practice of the European Patent Office","authors":"A. Metzger","doi":"10.2139/ssrn.3650364","DOIUrl":"https://doi.org/10.2139/ssrn.3650364","url":null,"abstract":"The paper offers a first systematic analysis of the 76 decisions and opinions of the European Patent Office (EPO) Enlarged Board of Appeal and Board of Appeals making explicit reference to the interpretation criteria of the Vienna Convention of the Law of Treaties (VCLT). It explores whether the EPO Boards' use of those criteria matches with the current teachings of public international law experts on the VCLT. The EPO Boards make extensive use of Articles 31-33 VCLT and discuss the different criteria enshrined in the VCLT in detail. The paper concludes that the EPO Boards use the VCLT criteria to justify their textual and historical approach of interpretation. By contrast, the EPO Boards do not exhaust the potential of a purpose-oriented interpretation.","PeriodicalId":218878,"journal":{"name":"Law & Society: International & Comparative Law eJournal","volume":"8 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-07-14","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"128070373","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}

{"title":"Unlawfully-Issued Sovereign Debt","authors":"Mark C. Weidemaier, G. Gulati","doi":"10.2139/ssrn.3647283","DOIUrl":"https://doi.org/10.2139/ssrn.3647283","url":null,"abstract":"In 2016, its economy in shambles and looking to defer payment on its debts, the Venezuelan government of Nicolas Maduro proposed a multi-billion dollar debt swap to holders of bonds issued by the government’s crown jewel, state-owned oil company Petroleos de Venezuela S.A. (“PDVSA”). A new government now challenges that bond issuance, arguing it was unlawful under Venezuelan law. Bondholders counter that this does not matter—that PDVSA freed itself of any borrowing limits by agreeing to a choice-of-law clause designating New York law. \u0000 \u0000The dispute over the PDVSA 2020 bonds implicates a common problem. Sovereign nations borrow under constraints imposed by their own laws. Loans that violate these constraints may be deemed invalid. Does an international bond—i.e., one expressly made subject to the law of a different jurisdiction—protect investors against that risk? The answer depends on the text of the loan’s choice-of-law clause, as interpreted against the backdrop of the forum’s rules for resolving conflict of laws problems. \u0000 \u0000We show that the choice-of-law clauses in many international sovereign bonds—especially when issued under New York law—use language that may expose investors to greater risk. We document the frequent use of “carve outs” that could be interpreted to require the application of the sovereign’s local law to a wide range of issues. If interpreted in this way, these clauses materially reduce the protection ostensibly offered by an international bond. We explain why we think a narrower interpretation is more appropriate.","PeriodicalId":218878,"journal":{"name":"Law & Society: International & Comparative Law eJournal","volume":"118 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-07-09","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"124527364","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}

{"title":"Improving Homegrown International Arbitration in Africa","authors":"Akinbobola Olukayode Olugbemi, T. Adebanjo","doi":"10.2139/ssrn.3636943","DOIUrl":"https://doi.org/10.2139/ssrn.3636943","url":null,"abstract":"The African economy is one that is constantly developing in spite of economic challenges like declines in global commodity prices. As one of the most profitable regions in the world, the continent continues to be a very conducive hub for investments. <br><br>The level of investments witnessed in Africa, therefore, opens a floodgate of disputes. When these disputes occur, parties often resort to arbitration. While it would ordinarily be expected that these arbitral hearings are had in Africa, many of the commercial agreements have foreign arbitral seats selected.<br><br>This article, therefore, considers the exportation of international arbitration in Africa and makes a case towards the improvement of homegrown international arbitration.","PeriodicalId":218878,"journal":{"name":"Law & Society: International & Comparative Law eJournal","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-06-27","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"126217489","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}