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Papers by Andreas von Staden

Unterschiedliche Formen von Global Governance im Vergleich, 2009

Politische Vierteljahresschrift, 2012

SSRN Electronic Journal, 2000

European Journal of International Law Journal Europeen De Droit International, May 1, 2011

Swiss Political Science Review, 2012

SSRN Electronic Journal, 2000

International Investment Law and Comparative Public Law, 2010

International arbitration and, particularly, investor-state arbitration is rapidly shifting to in... more International arbitration and, particularly, investor-state arbitration is rapidly shifting to include disputes of a public law nature. Yet, arbitral tribunals continue to apply standards of review derived from the private law origins of international arbitration, have not recognized the new public law context of these disputes, and have failed to develop a coherent jurisprudence with regard to the applicable standard for reviewing a state's public regulatory activities. This problematic approach is evidenced by a recent series of cases brought by foreign investors against Argentina challenging the economic recovery program launched after a massive financial collapse and has called into question the legitimacy of investor-state arbitration more generally. A comparative analysis of public law standards of review from both other international courts and the domestic systems of the U.S. and Germany demonstrates that arbitral tribunals have a variety of standards of review from whi...

International Journal of Constitutional Law, 2012

… of International Law, Vol. 48, p. …, 2007

Abstract: When threatened by crises such as global terrorism, financial collapse, pandemic diseas... more Abstract: When threatened by crises such as global terrorism, financial collapse, pandemic diseases, and natural disasters, states may resort to measures that harm the interests of foreign investors protected under the bilateral investment treaty (BIT) regime. Many such ...

by Alberta Fabbricotti, E. Benvenisti, Barbara Delcourt, Alessandra Gianelli, Ulyana Kohut, M. Lewis, Marion Panizzon, Niels Petersen, Andreas von Staden, Paul B. Stephan, and Daniela Vitiello

Set in the context of growing interdisciplinarity in legal research, The Political Economy of Int... more Set in the context of growing interdisciplinarity in legal research, The Political Economy of International Law: A European Perspective provides a much-needed systematic and coherent review of the interactions between political economy and international law.

The contributors reflect the need felt by international lawyers to open their traditional frontiers to insights from other disciplines - and political economy in particular. The methodological approach of the book is to take the traditional list of topics for a general treatise of international law, and to systematically incorporate insights from political economy to each.

Students and scholars of political economy and international law will find the topics discussed to be of great interest to their work. This book will also provide valuable insights for economists, lawyers, and policy-makers.

CONTENTS:

Introduction
Alberta Fabbricotti

PART I FRAMEWORK ISSUES
1. Political Economy of International Law: Towards a Holistic Model of State Behavior
Anne Van Aaken and Joel P. Trachtman

PART II POLITICAL ECONOMY AND THE SOURCES OF INTERNATIONAL LAW
2. The Political Economy of Customary International Law
Niels Petersen

3. Can Political Economy Help Solve The Riddle of Customary International Law?
Alessandra Gianelli

4. The Political Economy of Jus Cogens
Paul B. Stephan

5. The Political Economy of International Treaties
Panos Merkouris

6. Political Economy and the Decisions of International Organizations: Choosing Governance Arrangements Through Informality
Ramses A. Wessel and Evisa Kica

PART III POLITICAL ECONOMY AND THE ENFORCEMENT OF INTERNATIONAL LAW
7. Political Economy of International Law: A Convenient Alliance for the Study of Compliance?
Barbara Delcourt

8. International Political Economy and the Prisoner’s Dilemma: Compliance with International Law
Meredith Kolsky Lewis

9. The Political Economy of Judicial Production of International Law
Paul B. Stephan

10. The Political Economy of The (Non-)Enforcement of International Human Rights Pronouncements by States
Andreas Von Staden

11. The Political Economy of International Lawmaking by National Courts
Eyal Benvenisti

12. Political Economy and the Responsibility of States: The Problem of Many Hands in International Law
André Nollkaemper

PART IV POLITICAL ECONOMY AND SUBSTANTIVE FIELDS OF INTERNATIONAL LAW
13. The Political Economy of Regional Trade Agreements
Alberta Fabbricotti

14. Political Economy and International Investment Law: The Conclusion of IIAs by Developing Countries during the Twentieth Century
Tobias A. Lehmann

15. Political Economy and International Water Law: Political Economy Induced Changes to the Uptake of Benefit Sharing in International Water Law
Laurence Boisson De Chazournes and Christina Leb

16. Political Economy and the Protection of Human Rights: Political Economy and Compliance with Human Rights Treaties
Ulyana Kohut

17. Political Economy and International Migration Law
Daniela Vitiello and Marion Panizzon

PART V CONCLUSIONS
18. Political Economy and International Law: Paradoxes and Potential
Eyal Benvenisti and Jan Wouters

Index