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

{"title":"A Crisis or an Opportunity? The Trade War between the US and China in the Solar PV Sector","authors":"Mandy Meng Fang","doi":"10.2139/ssrn.3441479","DOIUrl":"https://doi.org/10.2139/ssrn.3441479","url":null,"abstract":"Since early 2018, the US – China ‘trade war’ has increased tariffs on a wide range of Chinese products, including solar panels. The tension between the US and China in solar sector, if left unchecked, will not only harm the bilateral relationship between the two trade powers but also impede climate change mitigation as higher costs will slow down the deployment of solar products. \u0000 \u0000The article begins by tracing the rapid development of the solar energy sector in China, before reviewing US trade measures to counteract the increased imports and protect its domestic industry. \u0000 \u0000The article then proceeds to examine the World Trade Organization (WTO) rules, finding that China is likely to prevail in the dispute on claims made under the General Agreement on Tariffs and Trade and the Agreement on Safeguards. However, while WTO litigation may be a necessary step it is not sufficient. China must also take the opportunity to solve deeply-rooted problems in its solar industry, namely solar overcapacity and heavy reliance on export markets in a limited number of countries that render Chinese solar manufacturing susceptible to trade restrictions imposed by other countries. Addressing these issues will not only remove a major irritant to the US and other trading partners but would also solidify the position of the industry within the country. \u0000 \u0000The article recommends two options for China: first, explore domestic market potential for solar energy so as to absorb manufacturing capacity. The key here lies in progressively scaling up domestic solar consumption, which is essential in promoting China’s solar development in a healthy and sustainable manner. Second, strengthen ties with countries along the Belt and Road Initiative (BRI) in solar trade and investment. Exporting Chinese solar technologies and building solar power infrastructure in BRI countries not only alleviates China’s over-dependence on a limited number of advanced economies’ markets but also contributes to ‘greening’ the BRI and global climate change mitigation.","PeriodicalId":218878,"journal":{"name":"Law & Society: International & Comparative Law eJournal","volume":"150 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-08-23","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"116384475","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":"Privacy's Constitutional Moment and the Limits of Data Protection","authors":"Woodrow Hartzog, Neil M. Richards","doi":"10.2139/ssrn.3441502","DOIUrl":"https://doi.org/10.2139/ssrn.3441502","url":null,"abstract":"America’s privacy bill has come due. Since the dawn of the Internet, Congress has repeatedly failed to build a robust identity for American privacy law. But now both California and the European Union have forced Congress’s hand by passing the California Consumer Privacy Act (CCPA) and the General Data Protection Regulation (GDPR). These data protection frameworks, structured around principles for Fair Information Processing called the “FIPs,” have industry and privacy advocates alike clamoring for a “U.S. GDPR.” States seemed poised to blanket the country with FIP-based laws if Congress fails to act. The United States is thus in the midst of a “constitutional moment” for privacy, in which intense public deliberation and action may bring about constitutive and structural change. And the European data protection model of the GDPR is ascendant. \u0000 \u0000In this article we highlight the risks of U.S. lawmakers embracing a watered-down version of the European model as American privacy law enters its constitutional moment. European-style data protection rules have undeniable virtues, but they won’t be enough. The FIPs assume data processing is always a worthy goal, but even fairly processed data can lead to oppression and abuse. Data protection is also myopic because it ignores how industry’s appetite for data is wrecking our environment, our democracy, our attention spans, and our emotional health. Even if E.U.-style data protection were sufficient, the United States is too different from Europe to implement and enforce such a framework effectively on its European law terms. Any U.S. GDPR would in practice be what we call a “GDPR-Lite.” \u0000 \u0000Our argument is simple: In the United States, a data protection model cannot do it all for privacy, though if current trends continue, we will likely entrench it as though it can. Drawing from constitutional theory and the traditions of privacy regulation in the United States, we propose instead a “comprehensive approach” to privacy that is better focused on power asymmetries, corporate structures, and a broader vision of human well-being. Settling for an American GDPR-lite would be a tragic ending to a real opportunity to tackle the critical problems of the information age. In this constitutional moment for privacy, we can and should demand more. This article offers a path forward to do just that.","PeriodicalId":218878,"journal":{"name":"Law & Society: International & Comparative Law eJournal","volume":"2 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-08-23","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"129636546","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":"Fostering Corporate Social Responsibility through Hybrid Organizational Forms: A Comparison between the United States and Italy","authors":"Chiara Picciau","doi":"10.2139/ssrn.3476681","DOIUrl":"https://doi.org/10.2139/ssrn.3476681","url":null,"abstract":"Lawmakers from all over the world are increasingly looking at new ways to foster socially and environmentally responsible conduct on the part of corporations and other for-profit enterprises. Among the available tools are organizational forms that aim at pursuing social missions while distributing profits to their members. Social enterprises established in many jurisdictions may fall into this broad category. However, they typically prioritize social goals over profits. By contrast, new hybrid entities have emerged that rely on corporate governance rules to combine profit and social goals without prioritizing either of the two. This paper examines and compares two prominent examples, the US benefit corporation and its Italian counterpart, the società benefit, asking to what extent they improve the existing tools to foster corporate social responsibility. The answer unsurprisingly varies depending on the legal system. Each jurisdiction has devised distinctive ways to balance shareholder and stakeholder concerns, adopting disparate enforcement tools. In both systems, however, hybrid organizational forms may do more to help consumers, users and clients, than to support other non-shareholder constituencies.","PeriodicalId":218878,"journal":{"name":"Law & Society: International & Comparative Law eJournal","volume":"24 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-08-11","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"131565871","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":"Arbitrating International Trade Disputes: What Does the Future Hold?","authors":"P. Ridings","doi":"10.2139/ssrn.3611374","DOIUrl":"https://doi.org/10.2139/ssrn.3611374","url":null,"abstract":"The establishment of the World Trade Organisation in 1995 saw the creation of a system of binding arbitration for trade disputes between WTO Members. The WTO dispute settlement system has been called “the jewel in the crown” of the WTO. It provides a process for a panel of arbitrators to hear a trade dispute brought before it, and a mechanism for appeal to a standing Appellate Body. Members must comply with rulings of the Appellate Body or face the possibility of retaliatory action. In the last few years there have been trenchant criticisms of the system, in particular of the Appellate Body, by the United States. Appointments to the Appellate Body have been blocked so that it now numbers only three members. By the end of the year it will number only one, which will severely hamper the effective operation of the Appellate Body. This presentation explores the current functioning of the Appellate Body and the circumstances which have led to the impasse. It identifies the gains and deficiencies of the WTO dispute settlement system from a New Zealand perspective and suggests potential pathways to resolving the current issues. In doing so the presentation seeks to bring greater awareness of the significance of an effectively functioning system for resolving international trade disputes. It concludes by offering some reflections on what the future of international trade dispute resolution may hold for New Zealand.","PeriodicalId":218878,"journal":{"name":"Law & Society: International & Comparative Law eJournal","volume":"56 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-08-03","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"125569519","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":"Traditions of Studying the Social and the Legal: A Short Introduction to the Institutional and Intellectual Development of Socio-Legal Studies","authors":"N. Creutzfeldt","doi":"10.4324/9780429952814-2","DOIUrl":"https://doi.org/10.4324/9780429952814-2","url":null,"abstract":"In this chapter I trace the development of the field of socio-legal studies over the past 50 years. In a quest for an understanding of how law, culture, and social structures interact, we travel across the globe. The study of socio-legal phenomena opens up an inquiry into a range of spaces to study the intersection between law and society: legal systems, disputing behaviour, decision-making, juries and judges, the role of authorities, and so forth. With a focus on change to institutional history and evolution I highlight key moments that show how institutions have shaped socio-legal development. In a modest attempt to provide a glimpse of socio legal studies I divide this chapter into two parts. The first part maps the developments of socio-legal through national institutions. The second part draws upon lived wisdom of pioneers of the socio-legal movements of our time, sharing stories that usually remain hidden from a general audience. It is important for the continuing development of scholarly knowledge for the field to consider its history and to explore motivations, struggles and journeys into the socio legal of today.","PeriodicalId":218878,"journal":{"name":"Law & Society: International & Comparative Law eJournal","volume":"59 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-07-19","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"117061079","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":"How Much of the Transpacific Partnership is in the United States-Mexico-Canada Agreement?","authors":"Wolfgang Alschner, Rama Panford-Walsh","doi":"10.2139/ssrn.3410658","DOIUrl":"https://doi.org/10.2139/ssrn.3410658","url":null,"abstract":"The United States-Mexico-Canada Agreement (USMCA) provided the first opportunity for the Trump administration to translate its “America First” trade policy into specific treaty design. In this article, we evaluate how radical these changes have been by systematically comparing the USMCA to its predecessors. We find that, first, the USMCA copies 57 percent of its text from the Transpacific Partnership (TPP), which Trump had repudiated and unsigned once he took office. Compared to U.S. treaty practice generally, the USCMA is more of a continuation rather than a departure from prior texts. Second, we systematically investigate where the USMCA diverges from the TPP. We find that USMCA treaty design differences can be grouped in five categories: (1) structural remnants of NAFTA, such as bi-national panels to review trade remedies; (2) “America First” elements, such as tighter rules of origins; (3) modernizations, e.g. by incorporating TPP innovations on digital trade; (4) additions on non-U.S. policy priorities, such as gender rights, promoted by the other USMCA states; and finally (5) changes of a more technical nature. In sum, contrary to Trump’s rhetoric, the USMCA does not usher in a new generation of trade agreements, but it does engage in targeted innovations that are driven by varying policy considerations that include but are not limited to his “America First” agenda.","PeriodicalId":218878,"journal":{"name":"Law & Society: International & Comparative Law eJournal","volume":"34 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-06-26","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"124648881","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":"Understanding Immigration Detention: Causes, Conditions, and Consequences","authors":"Emily Ryo","doi":"10.1146/ANNUREV-LAWSOCSCI-101518-042743","DOIUrl":"https://doi.org/10.1146/ANNUREV-LAWSOCSCI-101518-042743","url":null,"abstract":"During the summer of 2018, the US government detained thousands of migrant parents and their separated children pursuant to its zero-tolerance policy at the United States–Mexico border. The ensuing media storm generated unprecedented public awareness about immigration detention. The recency of this public attention belies a long-standing immigration enforcement practice that has generated a growing body of research in the past couple of decades. I take stock of this research, focusing on the causes, conditions, and consequences of immigration detention in the United States. I also discuss critical tasks for future research, including ( a) examining the role of local governments, the private prison industry, and decision makers responsible for release decisions in maintaining the detention system; ( b) extending the field of inquiry to less-visible detainee populations and detention facility guards and staff, for a fuller understanding of detention conditions; and ( c) investigating not only direct but also indirect consequences of detention.","PeriodicalId":218878,"journal":{"name":"Law & Society: International & Comparative Law eJournal","volume":"7 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-06-19","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"123908098","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":"Hard and Soft International Law and Their Contribution to Social Change: The Lessons Learned","authors":"Daniel Bradlow, David B. Hunter","doi":"10.1163/9789004417021_013","DOIUrl":"https://doi.org/10.1163/9789004417021_013","url":null,"abstract":"This chapter is the concluding chapter of a book that explores how lawyers and their state and non-state clients use international law to promote social change, with a particular focus on the choice between hard and soft international law approaches. The book contains a series of case studies examine this choice between hard and soft international law in a variety of contexts, allowing an assessment of the factors that influence that choice, including the strengths and weaknesses of available legal instruments and the implications of the choice for meeting the underlying social change objectives.<br><br>In the first chapter of the book we posed seven questions about the relationship between hard and soft international law. The case studies that followed this first chapter provide the material for answering these questions. The purpose of this last chapter is to answer the questions and to address some of the additional issues that arise therefrom. <br><br>The chapter consists of three parts. The first part is to answer the questions and provide a review of the lessons learned from the case studies about the seven questions. The second part is a discussion of some issues that arise from this review. The third part is a conclusion. <br>","PeriodicalId":218878,"journal":{"name":"Law & Society: International & Comparative Law eJournal","volume":"17 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-06-17","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"132701031","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":"Investor-Community Conflicts in Investor-State Dispute Settlement: Rethinking 'Reasonable Expectations' and Expecting More from Investors","authors":"George K. Foster","doi":"10.2139/ssrn.3405687","DOIUrl":"https://doi.org/10.2139/ssrn.3405687","url":null,"abstract":"Within the fraught field of investor-state dispute settlement, no cases are more controversial than those in which an investor seeks damages for the cancellation of a project following an outcry by local communities over potential environmental or social impacts. Tribunals have almost always ruled for the investor in these cases, typically reasoning that the cancellation frustrated the investor’s “reasonable” or “legitimate” expectations. This Article argues that tribunals have often overlooked or downplayed factors that should limit investors’ expectations when undertaking high-impact projects, including specific aspects of domestic environmental law and the host state’s international human rights and environmental obligations. The Article also examines factors beyond investor expectations that may be relevant to liability or quantum in such cases, including local remedies and emerging standards of conduct with which investors should be expected to comply. Finally, the Article shows that the proposed interpretive framework is consistent with the texts of investment treaties and their underlying rationales and could address a number of concerns that threaten these treaties’ long-term viability.","PeriodicalId":218878,"journal":{"name":"Law & Society: International & Comparative Law eJournal","volume":"118 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-06-17","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"122636672","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":"Choices and Consequences: Internationalizing Competition Policy after TPP","authors":"Daniel Francis","doi":"10.1093/OSO/9780198825296.003.0018","DOIUrl":"https://doi.org/10.1093/OSO/9780198825296.003.0018","url":null,"abstract":"The development of international systems for the coordination and constraint of competition law and policy offers a complex blend of rewards and costs. In this chapter, I evaluate the promises and problems of this endeavor in the realms of government procurement, antitrust, and the regulation of state-owned enterprises, and outline some options for internationalization in this area and some of their respective implications. I argue that, in a field dominated by deep conflicts of value and interest, real progress will require creativity and pluralism in the forms and tools of internationalization. I emphasize the importance of regionalism as a complement to multilateralism and bilateralism; frameworks of contingent cooperation as a complement to traditional treaties and networks; and a mixed strategy of linkage to, and separation from, international trade to ensure that jurisdictions are able to pursue their shared goals.","PeriodicalId":218878,"journal":{"name":"Law & Society: International & Comparative Law eJournal","volume":"344 5","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-06-06","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"114098450","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}