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Economic analysis is becoming an increasingly powerful means of
illuminating the European Union legal system, both as a method of
deciphering and of influencing EU policy. This important volume
focuses upon this relationship between economics and EU law,
elucidating both the complex and complementary nature of these two
subjects. This authoritative selection of articles includes topics
such as the politics of European federalism, the law and economics
of immigration policy, judicial review and corporate governance in
the European Union. Professor Stephan's perceptive introduction
highlights the interrelated aspect of these subjects and the
potential conclusions to be drawn from the volume as a whole.
This volume brings together experts and political actors from the
United States and the USSR to assess the status of international
law in the post-Cold War era with the intention of contributing
ideas, judgements, and proposals tempered by experience. The topics
covered range from terrorism to peaceful conflict resolution; from
the renunciation of aggression to the right of self-defence; from
chemical, biological, and nuclear weapons limitations to problems
of verification; and from the military use of space to the right of
political self-determination. Each chapter features contributions
by both US and Soviet experts who have themselves participated in
high-level policy making and international negotiations in the area
(including, for example, the ABM, SALTI, SALTII, CFE, and START
talks).
The knowledge economy, a seeming wonder for the world, has caused
unintended harms that threaten peace and prosperity and undo
international cooperation and the international rule of law. The
world faces threats of war, pandemics, growing domestic political
discord, climate change, disruption of international trade and
investment, immigration, and the pollution of cyberspace, just as
international law increasingly falls short as a tool for managing
these challenges. Prosperity dependent on meritocracy, open
borders, international economic freedom, and a wide-open Internet
has met its limits, with international law one of the first
casualties. Any effective response to these threats must reflect
the pathway by which these perils arrive. Part of the answer to
these challenges, Paul B. Stephan argues, must include a
re-conception of international law as arising out of pragmatic and
limited experiments by states, rather than as grand projects to
remake and redeem the world.
The knowledge economy, a seeming wonder for the world, has caused
unintended harms that threaten peace and prosperity and undo
international cooperation and the international rule of law. The
world faces threats of war, pandemics, growing domestic political
discord, climate change, disruption of international trade and
investment, immigration, and the pollution of cyberspace, just as
international law increasingly falls short as a tool for managing
these challenges. Prosperity dependent on meritocracy, open
borders, international economic freedom, and a wide-open Internet
has met its limits, with international law one of the first
casualties. Any effective response to these threats must reflect
the pathway by which these perils arrive. Part of the answer to
these challenges, Paul B. Stephan argues, must include a
re-conception of international law as arising out of pragmatic and
limited experiments by states, rather than as grand projects to
remake and redeem the world.
Reflecting on the Fourth Restatement of the Foreign Relations Law,
these essays provide a comprehensive survey of the most significant
issues in contemporary U.S. foreign relations law. They review the
context and assumptions on which that work relied, critique its
analysis and conclusions, and explore topics left out of the
published work that need research and development. Collectively the
essays provide an authoritative study of the issues generating
controversy today as well as those most likely to emerge in the
coming decade. The book is organized in three parts. The first
provides a historical context for the law of foreign relations from
the beginning of the twentieth century to the present. The second
and largest part looks at contested issues in foreign relations law
today, from the status of international law as federal domestic law
to presidential authority to make, unmake, and apply international
agreements; and to the immunity of international organizations and
foreign government officials from domestic lawsuits. The last part
considers how foreign relations law might develop in the future as
well as the difficulties raised by using the Restatement process as
a way of contributing to the law's development. These essays for
the most part concentrate on U.S. law, but the problems they face
are common to all democratic republics that seek to reconcile
international relations with the rule of law.
This book is the only text devoted to the legal problems raised by
foreign investment and business transactions in emerging markets.
Its organization tracks the normal progress of a business
relationship. The first chapter provides broad general background,
while the second focuses on a foreign business's preliminary
assessment of legal risks particularly relevant to emerging
markets, namely corruption, sanctions compliance, and human rights
abuses. It then takes the student through the establishment of a
local presence, obtaining finance, the kinds of government licenses
and other special legal regimes associated with extractive
industries, and dispute resolution. A series of team-based
negotiation exercises accompany each chapter. The new edition adds
a new section on sanctions compliance, updates legal materials
related to corruption, human rights and dispute resolution, and
substantially revises the finance and government licensing chapter
to reflect a shift away from Russia and toward other emerging
markets.
Much of international law, like much of contract, is enforced not
by independent sanctions but rather through cooperative interaction
among the parties, with repeat dealings, reputation, and a
preference for reciprocity doing most of the enforcement work.
Originally published in 2006, The Limits of Leviathan identifies
areas in international law where formal enforcement provides the
most promising means of promoting cooperation and where it does
not. In particular, it looks at the International Criminal Court,
the rules for world trade, efforts to enlist domestic courts to
enforce orders of the International Court of Justice, domestic
judicial enforcement of the Geneva Convention, the domain of
international commercial agreements, and the question of odious
debt incurred by sovereigns. This book explains how international
law, like contract, depends largely on the willingness of
responsible parties to make commitments.
Much of international law, like much of contract, is enforced not
by independent sanctions but rather through cooperative interaction
among the parties, with repeat dealings, reputation, and a
preference for reciprocity doing most of the enforcement work.
Originally published in 2006, The Limits of Leviathan identifies
areas in international law where formal enforcement provides the
most promising means of promoting cooperation and where it does
not. In particular, it looks at the International Criminal Court,
the rules for world trade, efforts to enlist domestic courts to
enforce orders of the International Court of Justice, domestic
judicial enforcement of the Geneva Convention, the domain of
international commercial agreements, and the question of odious
debt incurred by sovereigns. This book explains how international
law, like contract, depends largely on the willingness of
responsible parties to make commitments.
By definition, international law, once agreed upon and consented
to, applies to all parties equally. It is perhaps the one area of
law where cross-country comparison seems inappropriate, because all
parties are governed by the same rules. However, as this book
explains, states sometimes adhere to similar, and at other times,
adopt different interpretations of the same international norms and
standards. International legal rules are not a monolithic whole,
but are the basis for ongoing contestation in which states set
forth competing interpretations. International norms are
interpreted and redefined by national executives, legislatures, and
judiciaries. These varying and evolving interpretations can, in
turn, change and impact the international rules themselves. These
similarities and differences make for an important, but thus far,
largely unexamined object of comparison. This is the premise for
this book, and for what the editors call "comparative international
law." This book achieves three objectives. The first is to show
that international law is not a monolith. The second is to map the
cross-country similarities and differences in international legal
norms in different fields of international law, as well as their
application and interpretation with regards to geographic
differences. The third is to make a first and preliminary attempt
to explain these differences. It is organized into three broad
thematic sections, exploring: conceptual matters, domestic
institutions and comparative international law, and comparing
approaches across issue-areas. The chapters are authored by
contributors who include leading international law and comparative
law scholars with diverse backgrounds, experience, and
perspectives.
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