Articles Archive for July 2011
Updating the International Monetary System to Respond to Current Global Challenges: Can It Happen Within the Existing Legal Framework?
Aldo Caliari*(Director, Rethinking Bretton Woods Project, Center of Concern.)
PDF with footnotes available here
The global economic crisis of 2008–09 triggered the most intense debate about the international monetary system that the world has seen in the last four decades. As a result, international policy-makers from both developed and developing countries, …
Consultation and Legitimacy in Transnational Standard-Setting
Caroline Bradley, Professor of Law, University of Miami School of Law.
To Read as PDF with Footnotes and Citation Page Numbers, Click Here
The recent financial crisis has generated agreement on the need for new transnational standards for financial regulation. When governments work together to develop transnational standards and rules they do so using processes which are not uniform, which often seem to develop in an ad hoc manner, and which do not necessarily reflect any particular conception of good government. Transnational standard-setters have responded …
The Return of the State (Click for PDF with footnotes and citation page numbers)
José E. Alvarez (Herbert and Rose Rubin Professor of International Law, New York University School of Law)
International lawyers are both indebted to and at war with the state. Although we acknowledge, as we must, that states remain the primary actors in creating, interpreting, and enforcing international rules, we usually make this point in passing—as we try to puncture, evade, eclipse or overtake sovereignty. As Martti Koskenniemi’s apology/utopia dialectic demonstrates, much of what we do attempts to …