Journal of International Economic Law最新文献_第10页

WIPO’s Contributions to International Cooperation on Intellectual Property WIPO对知识产权国际合作的贡献

IF 3.1 1区社会学

Journal of International Economic Law Pub Date : 2022-12-21 DOI: 10.1093/jiel/jgac049

Lisa Jorgenson, C. Fink

引用次数: 0

Fair and Equitable Treatment and Human Rights: A Moral and Legal Reconciliation 公平与公正待遇与人权:道德与法律的和解

IF 3.1 1区社会学

Journal of International Economic Law Pub Date : 2022-11-28 DOI: 10.1093/jiel/jgac045

Steven R. Ratner

{"title":"Fair and Equitable Treatment and Human Rights: A Moral and Legal Reconciliation","authors":"Steven R. Ratner","doi":"10.1093/jiel/jgac045","DOIUrl":"https://doi.org/10.1093/jiel/jgac045","url":null,"abstract":"\u0000 A central challenge to the legitimacy of international investment law is its failure to take account of a state’s commitments to its people under international human rights law—duties that stand on a special moral plane. The vortex of this challenge is the fair and equitable treatment standard, where tribunals protect the ‘legitimate expectations’ of investors but disregard these preeminent moral commitments. This article develops a new framework for integrating those commitments into fair and equitable treatment decision-making and treaty-drafting. Deploying an interdisciplinary approach that draws on political philosophy as well as extant law and doctrine, I argue that the current international political morality requires putting human rights on a higher plane than commitments to investors. As a result, tribunals should give great deference to state measures that negatively affect investors if the state justifies them based on its international human rights law obligations and lesser but still significant deference for measures based on encouragements or permissions in international human rights law. It operationalizes this approach for tribunals by recasting the doctrine of legitimate expectations and provides examples of how it would work in specific disputes. This article concludes with suggestions for integrating states’ human rights mandates into future investment agreements.","PeriodicalId":46864,"journal":{"name":"Journal of International Economic Law","volume":null,"pages":null},"PeriodicalIF":3.1,"publicationDate":"2022-11-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"43449253","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":1,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

The EU Sustainable Finance Framework in Light of International Standards 基于国际标准的欧盟可持续金融框架

IF 3.1 1区社会学

Journal of International Economic Law Pub Date : 2022-11-26 DOI: 10.1093/jiel/jgac043

Dirk A Zetzsche, Marco Bodellini, Roberta Consiglio

{"title":"The EU Sustainable Finance Framework in Light of International Standards","authors":"Dirk A Zetzsche, Marco Bodellini, Roberta Consiglio","doi":"10.1093/jiel/jgac043","DOIUrl":"https://doi.org/10.1093/jiel/jgac043","url":null,"abstract":"This paper analyses the relationship between the EU sustainable finance legal framework and the most common international environmental, social, and governance standards. We find that standards included in the EU sustainable finance legal framework partly overlap with the international environmental, social and governance standards, while diverging as to the details. This overlap creates frictions, given that financial service providers need to decide which of the overlapping, yet partly diverging, standards they apply. The EU environmental taxonomy presents unique features and a higher level of sophistication when compared to the international environmental, social and governance standards. This may result in both upsides and downsides. On the upside, the EU sustainable finance legal framework could function as a pacemaker and facilitate impact measurement across the industry, while on the downside, we see additional costs for firms and resistance against the granular EU approach. At the same time, the EU sustainable finance legal framework lacks details on the social and governance dimensions. Here, reference to the international standards compensates for the lack of an EU social and governance taxonomy. While this allows for alignment of EU and international social and governance-oriented investors, a greater degree of sophistication at the EU level could enhance the potential for impact measurement—a particularly important aspect for socially sustainable investments.","PeriodicalId":46864,"journal":{"name":"Journal of International Economic Law","volume":null,"pages":null},"PeriodicalIF":3.1,"publicationDate":"2022-11-26","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"138508228","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":1,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

Let’s Agree to Disagree: A Strategy for Trade-Security 让我们求同存异:贸易安全战略

IF 3.1 1区社会学

Journal of International Economic Law Pub Date : 2022-11-25 DOI: 10.1093/jiel/jgac048

Mona Pinchis-Paulsen

引用次数: 0

Main Act or Side Show? Model Agreements by International Institutions and Their Reuse in Investment Treaty Texts 主要表演还是次要表演?国际机构示范协定及其在投资条约文本中的重用

IF 3.1 1区社会学

Journal of International Economic Law Pub Date : 2022-11-23 DOI: 10.1093/jiel/jgac044

Wolfgang Alschner, Manfred Elsig, Simon Wüthrich

{"title":"Main Act or Side Show? Model Agreements by International Institutions and Their Reuse in Investment Treaty Texts","authors":"Wolfgang Alschner, Manfred Elsig, Simon Wüthrich","doi":"10.1093/jiel/jgac044","DOIUrl":"https://doi.org/10.1093/jiel/jgac044","url":null,"abstract":"Scholars and negotiators often assert that model treaty texts published by international institutions (IIs) shape investment treaty design. This paper empirically investigates the reuse of international institutions’ treaty templates. It tracks the imprint of six international institution templates on the text of negotiated international investment agreements (IIAs) using the Electronic Database of Investment Treaties. We find that the overall impact of international institution models has been low. No international investment agreement in our dataset was copied from an international institution’s model wholesale. On average, annual similarity between model texts and negotiated investment treaties is lower than 40% and significantly lower than the influence of international institutions’ models in the structurally similar international tax treaty regime. However, we do find evidence of an impact of international institutions' language on specific salient clauses. For example, the text of key investment protection clauses in the 1967 Draft Convention of the Organization of Economic Cooperation and Development was reproduced in hundreds of international investment agreements and novel clauses on investor responsibility first introduced in the 2006 International Institute for Sustainable Development model have subsequently been copied verbatim into negotiated international investment agreements. Our work concludes by discussing explanations for the comparatively low imprint of international institutions, notes other pathways for these institutions to influence treaty design, and sketches out an agenda for future research.","PeriodicalId":46864,"journal":{"name":"Journal of International Economic Law","volume":null,"pages":null},"PeriodicalIF":3.1,"publicationDate":"2022-11-23","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"138508230","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":1,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

The Economic Weapon: The Rise of Sanctions as a Tool of Modern War 经济武器：制裁作为现代战争工具的兴起

IF 3.1 1区社会学

Journal of International Economic Law Pub Date : 2022-09-19 DOI: 10.1093/jiel/jgac039

Benjamin Letzler

引用次数: 1

Correction to: Markets, Sovereignty, and Racialization 更正:市场、主权和种族化

IF 3.1 1区社会学

Journal of International Economic Law Pub Date : 2022-09-19 DOI: 10.1093/jiel/jgac040

引用次数: 0

Incorporating Rights: Strategies to Advance Corporate Accountability 合并权利:推进公司责任的策略

IF 3.1 1区社会学

Journal of International Economic Law Pub Date : 2022-09-19 DOI: 10.1093/jiel/jgac038

K. Greenfield

引用次数: 0

Shareholding Formulas in International Financial Institutions: Learning From the Asian Infrastructure Investment Bank 国际金融机构股权公式:以亚洲基础设施投资银行为例

IF 3.1 1区社会学

Journal of International Economic Law Pub Date : 2022-09-13 DOI: 10.1093/jiel/jgac035

B. Gu, Tong Liu

{"title":"Shareholding Formulas in International Financial Institutions: Learning From the Asian Infrastructure Investment Bank","authors":"B. Gu, Tong Liu","doi":"10.1093/jiel/jgac035","DOIUrl":"https://doi.org/10.1093/jiel/jgac035","url":null,"abstract":"\u0000 Shareholding formulas determine member countries’ voice in capital-based international organizations. They are crucial for international finance and draw much attention in negotiations. In principle, these formulas reflect member countries’ relative economic positions, but in practice, they serve as a starting point in negotiations, alongside other economic and political factors. This article investigates the unique shareholding formula of the Asian Infrastructure Investment Bank (AIIB), and compares it with those of the Bretton Woods institutions, that is, the International Monetary Fund (IMF), the International Bank for Reconstruction and Development (IBRD), and the International Finance Corporation (IFC). It shows that both the AIIB and the Bretton Woods institutions have learnt from each other’s shareholding formulas. Built upon the Bretton Woods practice, the AIIB’s gross domestic product-based shareholding formula could stimulate the IMF to establish a new quota formula under the 16th general review of quotas, the IBRD to implement the results calculated from its 2016 Dynamic Formula, and the IFC to develop its own formula by the date of the next shareholding review in 2025.","PeriodicalId":46864,"journal":{"name":"Journal of International Economic Law","volume":null,"pages":null},"PeriodicalIF":3.1,"publicationDate":"2022-09-13","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"41352881","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":1,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

Export Restrictions in the Post-COVID World: Another Step in the Demise of the World Trade Organization 新冠疫情后世界的出口限制：世界贸易组织解体的又一步

IF 3.1 1区社会学

Journal of International Economic Law Pub Date : 2022-09-07 DOI: 10.1093/jiel/jgac031

D. Chow

引用次数: 0