Journal of International Economic Law最新文献_第7页

Book Review 书评

IF 3.1 1区社会学

Journal of International Economic Law Pub Date : 2023-04-17 DOI: 10.1093/jiel/jgad012

R. Anuradha

引用次数: 0

Correction to: From Bananas to Large Civil Aircraft: An On-Going Quest for Value-Added in the Computation of Countermeasures at the WTO 更正：从香蕉到大型民用飞机：WTO对策计算中不断寻求增值

IF 3.1 1区社会学

Journal of International Economic Law Pub Date : 2023-04-15 DOI: 10.1093/jiel/jgad014

引用次数: 0

A Climate Change Carve-Out for Investment Treaties 气候变化对投资条约的影响

IF 3.1 1区社会学

Journal of International Economic Law Pub Date : 2023-03-07 DOI: 10.1093/jiel/jgad011

Joshua Paine, Elizabeth Sheargold

{"title":"A Climate Change Carve-Out for Investment Treaties","authors":"Joshua Paine, Elizabeth Sheargold","doi":"10.1093/jiel/jgad011","DOIUrl":"https://doi.org/10.1093/jiel/jgad011","url":null,"abstract":"\u0000 This article responds to the growing risk of Investor–State Dispute Settlement (ISDS) claims arising from states’ measures to mitigate climate change, such as fossil fuel phase-outs. It proposes a carve-out that would cover measures that are adopted in good faith and have a reasonable causal nexus with reducing and stabilizing greenhouse gas emissions (e.g. measures ‘related to’ this aim). Depending on states’ preferences, the carve-out could be designed as a treaty-wide exclusion from international investment agreements (IIAs) or as a carve-out that only removes such measures from ISDS procedures. Importantly, we propose a process to govern the application of the carve-out that prevents this issue being determined by ISDS tribunals. We argue that questions concerning the carve-out’s application to specific investor claims should initially be subject to joint determination by the treaty parties’ environmental authorities. Where these authorities cannot agree, we propose that this issue should be referred to a State–State tribunal that includes members with climate-related expertise. This article advances the specific debate about a climate carve-out for IIAs and wider debates about strategies for protecting regulatory space under IIAs through its detailed examination of carve-outs, drawing on examples from a range of subject areas.","PeriodicalId":46864,"journal":{"name":"Journal of International Economic Law","volume":null,"pages":null},"PeriodicalIF":3.1,"publicationDate":"2023-03-07","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48409502","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: 2

Risk, Reward, and Resilience Framework: Integrative Policy Making in a Complex World 风险、回报和韧性框架：复杂世界中的综合政策制定

IF 3.1 1区社会学

Journal of International Economic Law Pub Date : 2023-03-07 DOI: 10.1093/jiel/jgad009

Anthea Roberts

引用次数: 1

Managing Externalities in the WTO: The Agreement On Fisheries Subsidies WTO中的外部性管理:渔业补贴协定

1区社会学

Journal of International Economic Law Pub Date : 2023-03-06 DOI: 10.1093/jiel/jgad008

Bernard M Hoekman, Petros C Mavroidis, Sunayana Sasmal

引用次数: 0

Blockchain and its Applications: A Conceptual Legal Primer 区块链及其应用:法律概念入门

IF 3.1 1区社会学

Journal of International Economic Law Pub Date : 2023-03-04 DOI: 10.1093/jiel/jgad010

Ross P. Buckley, Anton N Didenko, Mia Trzecinski

引用次数: 0

The WTO and Vaccine Supply Chain Resilience during a Pandemic 大流行期间WTO与疫苗供应链弹性

1区社会学

Journal of International Economic Law Pub Date : 2023-02-16 DOI: 10.1093/jiel/jgad007

Chad P Bown

{"title":"The WTO and Vaccine Supply Chain Resilience during a Pandemic","authors":"Chad P Bown","doi":"10.1093/jiel/jgad007","DOIUrl":"https://doi.org/10.1093/jiel/jgad007","url":null,"abstract":"ABSTRACT Cross-border supply chains and international trade enabled the manufacturing and delivery of billions of vaccine doses to inoculate the world against the Coronavirus disease (COVID-19). At the same time, the pandemic revealed how the World Trade Organization (WTO) must change to become more useful in the face of a public health emergency. This paper describes the market failures—especially on the supply side—justifying the domestic subsidies and contracting arrangements used to accelerate vaccine research and development and to increase the scale of vaccine production to save lives, livelihoods, and economic activity during a pandemic. It highlights the trade-offs associated with the US subsidies and the priority-rated contracts written for vaccines through the Defense Production Act under Operation Warp Speed. This case study reveals a rich environment in which cross-border supply chains exacerbate input shortages in ways that constrain vaccine production, highlighting the need for the WTO to embrace new forms of international policy coordination for pandemic preparedness and response. As part of a pandemic treaty, the paper proposes a plurilateral agreement on vaccine supply chain resilience that would include novel and enforceable disciplines for export restrictions, provisions to trigger coordinated subsidies across countries to jointly scale up vaccine output and input production capacity, and market surveillance initiatives on supply chain transparency.","PeriodicalId":46864,"journal":{"name":"Journal of International Economic Law","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2023-02-16","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135473738","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 Transformation of International Organizations—Specialization, New Initiatives, and Working Methods—Some Observations on the Work of UNCITRAL Working Group III 国际组织的转型——专业化、新举措和工作方法——对贸易法委员会第三工作组工作的一些看法

1区社会学

Journal of International Economic Law Pub Date : 2023-02-15 DOI: 10.1093/jiel/jgad004

Chiara Giorgetti

{"title":"The Transformation of International Organizations—Specialization, New Initiatives, and Working Methods—Some Observations on the Work of UNCITRAL Working Group III","authors":"Chiara Giorgetti","doi":"10.1093/jiel/jgad004","DOIUrl":"https://doi.org/10.1093/jiel/jgad004","url":null,"abstract":"ABSTRACT International organizations are essential actors in the international legal system and play key roles in all aspects of international law, from its creation to its enforcement and implementation. As their work becomes progressively more significant and specialized, international organizations have also embarked on many new initiatives and have adopted new working methods. An interesting example of this development is the effort of United Nations Commission on International Trade Law (UNCITRAL) Working Group III (WGIII) to reform Investor–State Dispute Settlement (ISDS), a unique international dispute settlement mechanism that permits a foreign investor to bring a claim against a State on issues related to international investment law. At a time of declining international codification, UNCITRAL WGIII’s plan to reform ISDS stands out as remarkably ambitious. It is also responsive to identified vacuums and needs and is likely to lead, at least partially, to a degree of reform of ISDS. In this short contribution, I first introduce the codification of international economic law issues as distinct from other kinds of codification. I then introduce UNCITRAL and explore the work of UNCITRAL WGIII more specifically. In particular, I explain and assess the ISDS reform process as an example of an ongoing transformation of the work of international organizations and a new initiative on which they embarked using a specific methodology of selecting issues, developing draft texts, and serving as a place for drafting negotiations.","PeriodicalId":46864,"journal":{"name":"Journal of International Economic Law","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2023-02-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135638018","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

Preserving the Crown Jewel 保存皇冠珠宝

IF 3.1 1区社会学

Journal of International Economic Law Pub Date : 2023-01-31 DOI: 10.1093/jiel/jgad006

Stratos Pahis

引用次数: 0

Excellence in Reviewing Award 卓越评审奖

1区社会学

Journal of International Economic Law Pub Date : 2023-01-30 DOI: 10.1093/jiel/jgad003

引用次数: 0