Journal of International Economic Law最新文献_第4页

Contradictions and tensions in the way the USMCA regulates energy USMCA 能源管理方式中的矛盾和冲突

IF 3.1 1区社会学

Journal of International Economic Law Pub Date : 2024-01-12 DOI: 10.1093/jiel/jgad036

Guillermo J Garcia Sanchez

{"title":"Contradictions and tensions in the way the USMCA regulates energy","authors":"Guillermo J Garcia Sanchez","doi":"10.1093/jiel/jgad036","DOIUrl":"https://doi.org/10.1093/jiel/jgad036","url":null,"abstract":"The international regulation of energy is complex, involving various legal frameworks such as economic agreements, environmental conventions, and dispute resolution mechanisms. These instruments often overlap and may not align, creating challenges for addressing energy-related issues. The United States–Mexico–Canada Agreement (USMCA) exemplifies these complexities. It addresses entitlements to natural resources, protection of energy-related transactions, cross-border energy policies, and environmental externalities. However, the USMCA does not fully resolve conflicts among differing policy goals within the energy sector. This article examines how the USMCA navigates issues related to resource entitlements, energy transactions, policy clashes, and environmental concerns. It argues that the absence of a unified energy policy leaves disputes to be balanced by resolution bodies, such as arbitration panels. The article scrutinizes each aspect of the USMCA’s approach and discusses potential mechanisms for resolving policy conflicts. The USMCA’s treatment of energy-related matters underscores the intricate interplay between international economic law and the energy sector, with implications for regional competitiveness and sustainability.","PeriodicalId":46864,"journal":{"name":"Journal of International Economic Law","volume":null,"pages":null},"PeriodicalIF":3.1,"publicationDate":"2024-01-12","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139463502","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

From pledges to neglect: treaties and the rule of law promise 从承诺到忽视：条约与法治承诺

IF 3.1 1区社会学

Journal of International Economic Law Pub Date : 2024-01-04 DOI: 10.1093/jiel/jgad047

L. Poulsen

引用次数: 0

The energy transition at a critical juncture 处于紧要关头的能源转型

IF 3.1 1区社会学

Journal of International Economic Law Pub Date : 2023-12-21 DOI: 10.1093/jiel/jgad045

Oliver Hailes, J. Viñuales

引用次数: 0

International law in the China–Russian energy partnership: mapping the partnership-based relational approach 中俄能源合作关系中的国际法：基于合作关系的方法图谱

IF 3.1 1区社会学

Journal of International Economic Law Pub Date : 2023-12-19 DOI: 10.1093/jiel/jgad041

Yuanyuan Zhang

引用次数: 0

Towards a ‘security-centred’ energy transition: balancing the European Union’s ambitions and geopolitical realities 实现 "以安全为中心 "的能源转型：平衡欧盟的雄心与地缘政治现实

IF 3.1 1区社会学

Journal of International Economic Law Pub Date : 2023-12-19 DOI: 10.1093/jiel/jgad043

Anna-Alexandra Marhold

引用次数: 0

Investors’ International Law 投资者国际法

IF 3.1 1区社会学

Journal of International Economic Law Pub Date : 2023-12-18 DOI: 10.1093/jiel/jgad044

D. Dagbanja

引用次数: 0

Pro-Claimant bias in arbitrator selection 仲裁员选择中的亲申请人偏见

IF 3.1 1区社会学

Journal of International Economic Law Pub Date : 2023-12-13 DOI: 10.1093/jiel/jgad039

Tobias Traxler

{"title":"Pro-Claimant bias in arbitrator selection","authors":"Tobias Traxler","doi":"10.1093/jiel/jgad039","DOIUrl":"https://doi.org/10.1093/jiel/jgad039","url":null,"abstract":"Recent empirical studies have confirmed that arbitrator selection affects outcomes in investor–state arbitrations. This article builds on the existing literature, relying on 48 semistructured interviews with investor-state arbitration practitioners. It makes three novel claims: (A) sophisticated counsel nowadays will take factors beyond a candidate’s appointment record into account when selecting an arbitrator. In this, a candidate’s likely ability to influence their peers’ thinking is particularly important. (B) States struggle to keep up with investors in the sophisticated process of arbitrator selection. They are frequently unable to engage counsel and select suitable arbitrators within the mandated timelines for arbitrator selection, and (C), as a consequence of the former two insights, states frequently fall into four different traps when selecting arbitrators. They appoint as their arbitrators famous jurists without significant investor-state arbitration experience, famous proinvestor arbitrators, and famous arbitrators that have publicly assumed entrenched positions and defer appointments to appointing authorities. This hinders states’ ability to effectively further their case during arbitrator selection, thus disadvantaging them in investor–state arbitrations.","PeriodicalId":46864,"journal":{"name":"Journal of International Economic Law","volume":null,"pages":null},"PeriodicalIF":3.1,"publicationDate":"2023-12-13","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"138686835","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

Energy disciplines in PTAs between security and sustainability concerns: a comparative perspective 安全和可持续性关切之间的 PTA 能源纪律：比较视角

IF 3.1 1区社会学

Journal of International Economic Law Pub Date : 2023-12-13 DOI: 10.1093/jiel/jgad040

Ilaria Espa

引用次数: 0

From guano to green hydrogen: food security and fertilizer disputes in international energy law 从鸟粪到绿色氢气：国际能源法中的粮食安全与肥料争端

IF 3.1 1区社会学

Journal of International Economic Law Pub Date : 2023-12-13 DOI: 10.1093/jiel/jgad037

Oliver Hailes

{"title":"From guano to green hydrogen: food security and fertilizer disputes in international energy law","authors":"Oliver Hailes","doi":"10.1093/jiel/jgad037","DOIUrl":"https://doi.org/10.1093/jiel/jgad037","url":null,"abstract":"Russia’s invasion of Ukraine triggered energy and food crises, driven by demand for natural gas as fuel and fertilizer feedstock. By adopting a recent framework for analysing the diverse ways in which international law regulates energy transactions, I extend the category of end-use energy products to include food for human consumption, given the economic importance of dietary energy and the entangled agendas of energy and food security. To highlight the intermediate roles played by international law in securing resources for conversion into dietary energy, I show how rules allocating entitlements over fossil fuels were inherited from an earlier generation of international disputes over fertilizer resources, including the taxation of nitrate exports, alien entitlements to guano discoveries, and the well-known confiscation of a factory at Chorzów. Many of these disputes between States and commercial actors prefigured the reliance of the modern energy industry on investment arbitration and retain currency in case law. Yet, the fertilizer trade also informed the development of offshore resource entitlements, the local regulation of global externalities, and the belated recognition of the rights of peoples over natural resources. Despite this normative evolution, dispute settlement in the energy sector is still driven by States and commercial actors, although the underlying transactions may have profound implications for food security. By reframing food as energy and integrating fertilizer disputes into a long history of international energy law, the anticipated transition from fossil fuels towards green hydrogen as a dual-use fuel and fertilizer feedstock may generate familiar sites of distributive conflict over resources for the production of dietary energy, calling for closer attention to whether food security may be enhanced by the entitlements of collective subjects (food sovereignty), individuals (right to food), corporations (investment protection), and States (economic regulation).","PeriodicalId":46864,"journal":{"name":"Journal of International Economic Law","volume":null,"pages":null},"PeriodicalIF":3.1,"publicationDate":"2023-12-13","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"138686962","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

ISDS 2.0: time for a doctrine of precedent? ISDS 2.0：先例理论的时机已到？

IF 3.1 1区社会学

Journal of International Economic Law Pub Date : 2023-12-12 DOI: 10.1093/jiel/jgad033

Martin Jarrett

{"title":"ISDS 2.0: time for a doctrine of precedent?","authors":"Martin Jarrett","doi":"10.1093/jiel/jgad033","DOIUrl":"https://doi.org/10.1093/jiel/jgad033","url":null,"abstract":"The reform process for ISDS at UNCITRAL is reaching its climax. Within the next few years, a treaty for ‘ISDS 2.0’ should emerge from this process. A key feature of ISDS 2.0 will be a new international court for resolving investor–state disputes. This court should include an appellate tribunal. A core function of this appellate tribunal will be to produce consistent case law, noting a common complaint about ‘ISDS 1.0’ is that it has produced inconsistent case law. There is good reason to believe that the appellate tribunal of ISDS 2.0 can deliver consistent case law, but the promoters behind ISDS 2.0 need to be careful what they wish for. The WTO dispute settlement system produced consistent case law, yet that achievement turned out to be a reason for its subsequent breakdown. Consistent case law apparently sounds good in theory, but it is not welcome in practice. Is there a way out of this conundrum? This article proposes that a formal doctrine of precedent is the solution. This proposal might initially provoke some surprise—a softer system of precedent is apparently the best compromise. But a doctrine of precedent can be crafted to limit adjudicative law-making power, while emphasizing states’ control over their investment–treaty obligations. This article puts forward the broad outline of this conception of a doctrine of precedent, explains why it gives effect to states’ interests, and examines the methods by which a doctrine of precedent could be adopted.","PeriodicalId":46864,"journal":{"name":"Journal of International Economic Law","volume":null,"pages":null},"PeriodicalIF":3.1,"publicationDate":"2023-12-12","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"138581426","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