This Article analyzes the role of Latin American international economic law scholarship within the global economic order. Many of the problems that Latin Americans face today relate to the global economy, such as labor conditions, access to medicine, and the use of natural resources, among others. The discussion of these problems, however, seldom recognizes the role of international economic law scholarship. Although the knowledge created by this scholarship may not completely explain why States actively behave in a certain way, it can serve to explain why they may refrain from certain actions. This Article argues that scholarship on international economic law plays a crucial role in the creation and reproduction of the current global economic order. If this claim is correct, regional scholarship can do more for Latin America than serving the advisory and litigation needs of States. By recognizing its role in constituting the global economic order, international economic law scholarship can promote alternative theories and practices that may help Latin America and its people find their place in the global economy.
Saturday, January 2, 2021
Perrone: Imagining Alternatives? Latin American Scholarship on International Economic Law and the Global Economic Order
Friday, January 1, 2021
Thursday, December 31, 2020
- Clarifying freedom of navigation through straits used for international navigation: A study on the major straits in Asia
- Introduced by Andrea Caligiuri
- Giuseppe Cataldi, The Strait of Hormuz
- Keyuan Zou, Navigation through the straits in East Asia
- Mariko Kawano, Transit Passage through the Malacca and Singapore Straits
Wednesday, December 30, 2020
- Nicholas Mulder, ‘A Retrograde Tendency’: The Expropriation of German Property in the Versailles Treaty
- Amy Russell, The Economic World of the populus Romanus
- Hans Blom & Mark Somos, Public-Private Concord through Divided Sovereignty: Reframing societas for International Law
Imseis: State of Exception: Critical Reflections on the Amici Curiae Observations and Other Communications of States Parties to the Rome Statute in the Palestine Situation
In December 2019, the Prosecutor of the International Criminal Court concluded her preliminary examination into the situation in Palestine, determining there is a reasonable basis to initiate an investigation into the situation. Instead of doing so, she first decided to seek a ruling from the Pre-Trial Chamber on the scope of the Court’s territorial jurisdiction, specifically aimed at confirming her view that the ‘territory’ over which the Court may exercise its jurisdiction comprises the Occupied Palestinian Territory (OPT). This article focuses on the amici curiae observations and other communications made by eight states parties in the proceedings — Australia, Austria, Brazil, Canada, Czech Republic, Germany, Hungary and Uganda. A critical examination of these observations and communications reveals that they did not answer the question posed by the OTP, but rather advanced a number of strained arguments aimed, inter alia, at impugning the very notion that the Court has any jurisdiction at all on the basis that Palestine is not a state. When juxtaposed against the ostensible commitment of these states parties to the object and purpose of the Statute, their observations and other communications reveal a conspicuous hypocrisy. If accepted by the Court, these observations and communications would operate to not only affirm the continued contingency of the state of Palestine on the international plane, but, even worse, to shield persons known to have committed or be committing crimes of the gravest concern to the international community with impunity.
Over the last two decades, the "new international order" of 1919 has grown into an expansive new area of research across multiple disciplines. With the League of Nations at its heart, the interwar settlement's innovations in international organizations, international law, and many other areas shaped the world we know today.
This book presents the first study of the relationship between this new international order and the new regional order in Central and Eastern Europe after the collapse of the Habsburg empire. An analysis of the co-implication of these two orders is grounded in four key scholarly interventions: understanding the legacies of empire in international organizations; examining regionalism in the work of interwar international institutions; creating an integrated history of the interwar order in Europe; and testing recent claims of the conceptual connection between nationalism and internationalism.
With chapters covering international health, international financial oversight, human trafficking, minority rights, scientific networks, technical expertise, passports, commercial treaties, borders and citizenship, and international policing, this book pioneers a regional approach to international order, and explores the origins of today's global governance in the wake of imperial collapse.
Tuesday, December 29, 2020
- Michael Ioannidis, Between Responsibility and Solidarity: COVID-19 and the Future of the European Economic Order
- Leonhard Kreuzer & Erik Tuchtfeld, Special Focus: Three Perspectives on the Implications of the GDPR for International Law
- Stephan Koloß, The GDPR’s Extra-Territorial Scope
- Roxana Vatanparast, Designed to Serve Mankind? The Politics of the GDPR as a Global Standard and the Limits of Privacy
- Christian Djeffal, The Normative Potential of the European Rule on Automated Decisions: A New Reading for Art. 22 GDPR
- Florian Kriener, Gewaltfreie Protestbewegungen als Legitimitätsquelle? Eine Replik
- Jesús María Casal Hernández, The Constitutional Chamber and the Erosion of Democracy in Venezuela
- Attila Vincze, Die Interpretationsregeln des ungarischen Grundgesetzes: zwischen Konvention, Tradition und Voluntarismus
- Daniel Thym, Menschenrechtliche Trendwende?
Monday, December 28, 2020
Appel à contributions: Demi-journées des jeunes chercheurs : «Le trafic de migrants en droit international» et «Exilés de guerre et droit international»
Sunday, December 27, 2020
Klopschinski, Gibson, & Grosse Ruse-Khan: The Protection of Intellectual Property Rights Under International Investment Law
In recent decades, foreign direct investment (FDI) has played an increasingly significant role in world economic activity and development. In economic terms, the accumulated stock of FDI and its generation of commercial activity by foreign affiliates have made FDI comparatively more important than international trade in goods and services. At the same time, the globalization of markets and the development of consumer brands in many domestic markets has brought an increasingly international approach to the management, and value, of intellectual property (IP) rights. IP Rights have therefore become increasingly enmeshed with international investment and the subject of transnational disputes as evidenced by cases that concern, inter alia, various limitations for trademarks used on tobacco packaging, or the invalidation of pharmaceutical patents by domestic courts. FDI is increasingly involved with the exploitation of IP which underpins highly valued products and services and this has shifted the balance of return on FDI from physical to intellectual property. Thus, IP rights have never been more economically and politically important or controversial than they are today.
There have long been international treaties that protect IP, but in recent years other international treaties have come into being that protect IP rights along with other property rights. These treaties include various international investment agreements (IIAs), which regard IP rights as a protected investment.
This book analyses the standards of treatment and protection enshrined in IIAs for IP rights and their relationship to the key international treaties in IP Rights, with reference to topics such as the fragmentation of international law; investor-host-state dispute resolution; investors and investments; relative standards of treatment (such as most favoured nation); absolute standards of treatment (such as fair and equitable treatment); and expropriation.
The work fills the significant gaps left by the comparably small amount of intellectual property related ISDS case-law. As IP Rights are a more recent concern in FDI, many questions regarding the relevance of IIA for IP rights are yet to be decided by investment tribunals. To assist the practitioner in understanding how IP Rights will be treated in investment disputes, the work sets out a number of hypothetical cases based on actual cases decided by other adjudicating bodies in different legal contexts, such the European Court of Human Rights or the European Court of Justice and the work also engages with the issues and applicable law for disputes involving IP Rights arising from the actions relating to Philip Morris trademarks in Australia and Uruguay, and Eli Lilly.
- Chiara Macchi, With trade comes responsibility: the external reach of the EU’s fundamental rights obligations
- Bryane Michael, Say-Hak Goo & Svitlana Osaulenko, The extra-territorial application of corporate governance standards in China
- Matthew Clare, ‘We Have Voices But We Can’t Really Speak’: transnational privatisation and (de)juridification of women’s employment in global export manufacturing—a case study of Hansae Vietnam Co Ltd
- Nofar Sheffi, We accept: the constitution of Airbnb
- Giulio Calcara, A transnational police network co-operating up to the limits of the law: examination of the origin of INTERPOL
- Mutaz M. Qafisheh, Clinicalism: an emerging theory in legal pedagogy