Cambridge International Law Journal最新文献

{"title":"Extraterritorial sanctions in response to global security challenges: countermeasures as gap-fillers in the United Nations collective security system","authors":"Daniel Franchini","doi":"10.4337/cilj.2023.01.08","DOIUrl":"https://doi.org/10.4337/cilj.2023.01.08","url":null,"abstract":"This article challenges the common understanding according to which unilateral and extraterritorial sanctions are a threat to the international legal order. It shows that sanctions of this kind may have a role to play as responses to challenges to global security, particularly when the centralised action by the United Nations (UN) encounters limitations. The article considers two examples of extraterritorial sanctions that may be lawful in this sense: those expanding on the territorial scope of restrictive measures decided by the UN Security Council, and those mapping on certain measures recommended by the UN General Assembly. In these circumstances, countermeasures may provide the legal basis to support otherwise unlawful unilateral and even extraterritorial measures, provided that certain conditions are met. The article shows that such measures act as gap-fillers to ensure the widest possible compliance with communitarian norms and may ultimately strengthen the international rule of law.","PeriodicalId":42994,"journal":{"name":"Cambridge International Law Journal","volume":"1 1","pages":""},"PeriodicalIF":0.7,"publicationDate":"2023-06-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"41829769","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":"Inward foreign investment screening targets China: interdisciplinary perspectives*","authors":"Phillip McCalman, L. Puzzello, Tania Voon, A. Walter","doi":"10.4337/cilj.2023.01.06","DOIUrl":"https://doi.org/10.4337/cilj.2023.01.06","url":null,"abstract":"Screening of inward foreign investment in numerous countries worldwide has heightened in recent years for a range of reasons, one of which is the volume of Chinese outward investment. Moulding screening policies around concerns about Chinese investment has been a common pattern, particularly among developed countries and allies of the United States. The application of screening measures to Chinese investments in particular is also seen in recent practice in numerous countries. These developments create potential inconsistencies with international investment law, at least for those countries with an international investment agreement with China. The 2020 arbitral award in Global Telecom v Canada shows that even a provision that explicitly excludes investment screening decisions from a bilateral investment treaty may not apply to prevent all related investment treaty claims. The increased use of screening as a policy tool, with respect to China and otherwise, also raises questions about economic rationale and impact. Put simply, blocking a foreign investment proposal may have negative effects on shareholders, jobs and the economy itself, while even the existence of a restrictive screening regime and the threat of the imposition of conditions on a deal may dampen the appeal for foreign investors.","PeriodicalId":42994,"journal":{"name":"Cambridge International Law Journal","volume":" ","pages":""},"PeriodicalIF":0.7,"publicationDate":"2023-06-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"42305816","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":"Book review","authors":"P. McAuliffe","doi":"10.4337/cilj.2023.01.09","DOIUrl":"https://doi.org/10.4337/cilj.2023.01.09","url":null,"abstract":"In this illuminating study on the everyday politics of South Africa’s communities on the fringes of society, Kerry Ryan Chance shows how the social relations of fire, water, land, and air intimately connect to power. These elements produce and regenerate energies that fuel the occurrences of different theories related to both natural and man-made events. In five chapters and a conclusion, the author analyzes how the impoverished residents of these communities collectively identify, employ strategies of resistance, define their material lives, and finally articulate how they conceive of democracy as a lived concept (18). Chance brings this story and its intersecting narratives together with a combination of observations (participant, hall, semi-furnished groups, interactions between officials and residents) and interviews. Each chapter opens with a dispatch that sets the stage for the portrayal of the inner lives and everyday struggles of the shack dwellers who fight for basic social services in South Africa’s densely populated, unelectrified, and waterstrapped shack settlements in the popular touristic cities of Cape Town and Durban. Chance shows the division between urbanmigrants and state agents, and their formal organization Abahlali. Abahlali serves as part of the poor people’s networks. It launches campaigns on behalf of foreign militants who engage in living politics to “[transmute] the boundaries between the home and the streets to make the poor seen and heard in the city through means that residents ground in their own communities and contrast to expert, elite, or technical languages of formal state institutions” (17). Readers are drawn into the plights of these urban dwellers and how their access to electricity and other social services turns into racialized politics that continue to divide and stratify the haves and the have nots. The distinction between social classes clearly emerged when the state installed prepaid electricity boxes in Durban’s Kennedy Road shacks for those who possessed jobs and could afford to pay (39). In spite of their lack of citizenship and their illicit connections to social services, the mute speak by using press releases,","PeriodicalId":42994,"journal":{"name":"Cambridge International Law Journal","volume":" ","pages":""},"PeriodicalIF":0.7,"publicationDate":"2023-06-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"49239565","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":"Introduction to the special section","authors":"E. Baroncini, Federica Cristani, Anna Marhold, Jose Gustavo Prieto Muñoz, Peter-Tobias Stoll, Marina Trunk-Fedorova","doi":"10.4337/cilj.2023.01.05","DOIUrl":"https://doi.org/10.4337/cilj.2023.01.05","url":null,"abstract":"","PeriodicalId":42994,"journal":{"name":"Cambridge International Law Journal","volume":" ","pages":""},"PeriodicalIF":0.7,"publicationDate":"2023-06-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46575743","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":"The securitisation of international economic law and ‘global security’: an analysis of the EU law approach through the prism of the Common Commercial Policy","authors":"L. Mola","doi":"10.4337/cilj.2023.01.07","DOIUrl":"https://doi.org/10.4337/cilj.2023.01.07","url":null,"abstract":"The so-called ‘securitisation’ of international economic law is largely premised and enacted on grounds of defensive security exceptions, whereby governments invoke their national security interests to depart from their international economic obligations. This article aims to contribute to the ongoing debate on the compatibility of such security-driven unilateral measures with international law and within the current system of global governance, by exploring whether legal patterns tackling essential security interests under international economic law may reach beyond State-centred national security interests to also encompass concerns arising from global security threats (such as environmental security). In doing so, this article focuses on the relevant approaches taken by the European Union (EU), particularly in the operation of the EU Common Commercial Policy (CCP) under Article 207 of the Treaty on the Functioning of the European Union. The EU enjoys broad exclusive competence in framing and implementing its trade and investment policy under the CCP, both in terms of its internal regulation and external action. In this context, security considerations are bound to arise. This article explores a series of relevant legal instruments originating from or concluded by the EU, and analyses how these incorporate security considerations and the EU’s understanding of the concept of security thereunder. After considering security under EU primary law, the article reviews the position taken by the EU as a bilateral treaty player, by reference to the Trade and Comprehensive Agreement with the United Kingdom, and as a member of the World Trade Organization, notably on the interpretation of the General Agreement on Tariffs and Trade security exceptions clause. It also looks into EU internal action on foreign direct investment screening, export control and foreign subsidies regulations, as well as the EU’s proposed ‘anti-coercion mechanism’ and its ‘global human rights sanction regime’. The analysis of the EU’s multifaceted practice shows that while global security concerns may increasingly underlie obligations to cooperate and coordination clauses, existent security-related legal patterns in bilateral and multilateral treaty practice remain ‘national security’-centred; and despite the increasing ‘enlargement’ of the scope of national security to encompass additional non-military threats, the vast array of global security threats and vulnerabilities are hardly covered by this expansion.","PeriodicalId":42994,"journal":{"name":"Cambridge International Law Journal","volume":" ","pages":""},"PeriodicalIF":0.7,"publicationDate":"2023-06-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45606218","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":"Governing the state as a home: domopolitics and migration","authors":"William Walters","doi":"10.4337/9781800882775.00021","DOIUrl":"https://doi.org/10.4337/9781800882775.00021","url":null,"abstract":"In recent years the concept of domopolitics has proved a fertile area of research concerning discourses of home, security and political rationality. This chapter contributes to debates about domopolitics in three ways. First, it refines the idea of domopolitics in light of recent reflections and contributions on this theme. Second, it explores ways in which domopolitics has been employed in recent scholarship on borders and migration. Finally, it proposes some new avenues for research on the politics of home. In particular, it reflects on attempts to legitimate deportation through the geopolitical projection of home.","PeriodicalId":42994,"journal":{"name":"Cambridge International Law Journal","volume":"1 1","pages":"145-157"},"PeriodicalIF":0.0,"publicationDate":"2023-06-07","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"147922471","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":"\"Open source corporate governance\" in the era of digital transformation","authors":"Igor Filatotchev, Gianvito Lanzolla","doi":"10.4337/9781800378902.00026","DOIUrl":"https://doi.org/10.4337/9781800378902.00026","url":null,"abstract":"Legacy corporate governance has long been based on the “closed system” framework that is focused on the idea of aligning the interests of managers (agents) and shareholders (principals) through internal and external mechanisms and practices. The more recent “open system” approach to governance seems potentially more helpful to align different stakeholders when companies need to strategize and execute strategy in the new realities of openness, interdependencies, dynamism, and fluidity brought forward by digital technology diffusion and use. We build on the “open system” approach and introduce the idea of a “open source” approach to corporate governance. This framework builds on two core principles: (a) the need of systematically increasing complementarities among internal and external stakeholders in both governance and strategy; and (b) the need for purposely balancing short-term compliance and long-term legitimacy among broader groups of the firm’s stakeholders. A key part of open-source governance is associated with a reliance on “strategic” rather than “financial controls” within the firm’s governance mechanism. We claim that these changes are needed if boards are to remain relevant and effective. We highlight a research agenda to develop the open-source corporate governance approach further.","PeriodicalId":42994,"journal":{"name":"Cambridge International Law Journal","volume":"1 1","pages":"309-323"},"PeriodicalIF":0.0,"publicationDate":"2023-05-12","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"147900490","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":"Introduction: why broker-dealer compliance?","authors":"James A. Fanto","doi":"10.4337/9781800889576.00007","DOIUrl":"https://doi.org/10.4337/9781800889576.00007","url":null,"abstract":"This chapter introduces broker-dealer compliance and offers a brief history of it. It next discusses possible organizational structures of compliance in a broker-dealer and the relationship between compliance officers and regulators. It concludes with a consideration of the future of this kind of compliance and of the pressures and trends shaping this future.","PeriodicalId":42994,"journal":{"name":"Cambridge International Law Journal","volume":"1 1","pages":"1-16"},"PeriodicalIF":0.0,"publicationDate":"2023-04-19","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://www.elgaronline.com/downloadpdf/book/9781800889576/book-part-9781800889576-7.pdf","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"147910705","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"OA","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Regulation of the use of artificial intelligence for investment in the insurance industry","authors":"Christopher Chen","doi":"10.4337/9781803926179.00022","DOIUrl":"https://doi.org/10.4337/9781803926179.00022","url":null,"abstract":"This chapter examines the potential regulatory concerns and approaches regarding insurers’ use of AI to make investment and trading decisions, with particular focus on jurisdictions in Asia and the Pacific. The chapter also analyses potential applications of AI in assisting or making investment or portfolio management decisions and some initial analyses of existing regulatory approaches in this field. The author also assesses various aspects of the regulatory framework governing insurance investments, including the impact of prudential regulations on insurers, restraints by targeted regulations for insurance investment, the effectiveness of corporate governance and internal control, and the potential impact of these regulations on the economy as a whole.","PeriodicalId":42994,"journal":{"name":"Cambridge International Law Journal","volume":"1 1","pages":"271-292"},"PeriodicalIF":0.0,"publicationDate":"2023-04-14","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"147909724","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":"Asine","authors":"","doi":"10.2307/jj.2711708.9","DOIUrl":"https://doi.org/10.2307/jj.2711708.9","url":null,"abstract":"","PeriodicalId":42994,"journal":{"name":"Cambridge International Law Journal","volume":"1 1","pages":"131-265"},"PeriodicalIF":0.0,"publicationDate":"2023-04-13","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"147894133","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}