Sustainable Development and International Investment Law: Bridging the Divide 

We have seen a significant increase over the past decade in the number of investment treaties and treaty-based disputes, each contributing to the vast and evolving international investment regime, and each with important implications for sustainable development.

The proliferation of treaties stems from host states wanting to attract foreign investment and all of its potential associated benefits for development (i.e. job creation, broader tax base,
improvement in infrastructure, technology and skill transfer etc.); the assumption has been that the investor protections afforded in these treaties will facilitate the flow of investment and the
associated benefits. However, the rapid growth in the number of treaty-based claims filed by investors reflects investors’ increased willingness to safeguard their investments from any
adverse state conduct. In addition to cases based on states’ wrongful conduct, a wide variety of domestic measures relevant to sustainable development, such as legitimate fiscal and industrial
policy, environmental protection, and access to essential services, have also been challenged under the agreements. Such claims by investors, whether successful or not, can cause a state to
think twice before adopting legitimate regulations, suggesting that treaties may in fact impede states’ policy space to promote sustainable development domestically. Investment treaties,
therefore, can be seen to represent both a tool and a challenge for sustainable development.

The Vale Columbia Center on Sustainable International Investment (VCC) is issuing this call for papers to explore how to “bridge the divide” between achieving necessary protections of foreign investors while promoting the sustainable development of the host state. In this regard, the call for papers aims to foster analysis and ongoing discussion on ways in which sustainable development norms (broadly defined) can and/or do manifest themselves in international investment law. Topics that might be addressed by submissions include:
• An assessment of the investment treaty standards in relation to sustainable development
• The application of international law generally to investment disputes, and its implications
for sustainable development
• Different approaches to investment treaty drafting to accommodate and further sustainable development
• Treaty interpretation techniques which encourage integration of norms related to sustainable development (including, but not limited to Article 31(3) of the Vienna Convention on the Law of Treaties)
• Standards of review in investment law
• A comparative analysis of investment law with other legal regimes that face similar issues relating to sustainable development (e.g. trade, human rights)
• The application of stabilization clauses in investment law
• Approaches to determining jurisdiction and admissibility of claims as they relate to the sustainable development
• Legal mechanisms for creating more sustainable partnerships between foreign investors and host states

Submissions are also welcomed on other topics not addressed above, but that otherwise relate to the theme of the call for papers.
Papers submitted will be considered for publication in the Yearbook on International Investment Law & Policy. Those interested in making a submission should submit an abstract no longer than
500 words. Finished papers and drafts are also welcome.
Abstracts should be emailed to Rahim Moloo, Senior Research Fellow, VCC (, and Lise Johnson, Lead Investment Law & Policy Researcher, VCC ( by August 15, 2012. Finished papers will be due by October 31, 2012.

Link to the Posting

From International Law Reporter
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Transnational Dispute Management -- Call for papers "Corruption and Arbitration" 

We are pleased to announce a forthcoming TDM special issue on "Corruption and Arbitration."

Edited by Prof. Dr. Richard Kreindler (Shearman & Sterling LLP) and Carolyn B. Lamm (White & Case LLP) this special issue will analyze new trends, developments, and challenges respecting the intersection between on the one hand allegations, suspicions or findings of corruption and on the other hand decisions by arbitral tribunals regarding jurisdiction, admissibility and the merits of commercial and investment disputes.

It has been some 40 years since an acute focus was placed, perhaps for the first time, on how an arbitral tribunal can, should or must conduct itself in the face of suspected or manifest illegality of the parties. The award in ICC Case No. 1110 (1963), rendered by Gunnar Lagergren, cast a sharp focus on issues of arbitration, including competence-competence and severability of the arbitration agreement, in the face of a suspected or manifestly illegal contract.

Against this background, the Special Issue intends to identify, critique and reconcile the different strands where possible and desirable, both from the arbitrator's and the party's perspective. The potential scope of the subject is indeed vast and possible topics for submission might include:

How can, should or must an arbitral tribunal act in the face of suspected corruption in a contract or an investment underlying the parties' dispute? How should a tribunal act in the face of corruption which is admitted or otherwise manifest?

Should the nature of the would-be illegality make a difference to the tribunal's assessment of its own jurisdiction? Of the separability of the agreement to arbitrate? Of arbitrability?

When should the issue of jurisdiction hinge on whether the corrupt act arguably tainted the contract or investment ab initio, as opposed to an illegality arising or becoming apparent only in the course of later performance?

Given suspected or manifest corruption, which standards of substantive law should apply as to whether and how to proceed respecting jurisdiction, admissibility, separability, arbitrability and the merits of the dispute? How should tribunals address differences in national law respecting the activities of agents, intermediaries and lobbyists? How should they reconcile national law with possibly competing "transnational public policy" or "international public policy"?

What challenges exist in terms of attribution of corrupt actions or knowledge of such actions to a state party in commercial arbitration, in investment arbitration, including in the context of the 2001 ILA Draft Articles on Responsibility of States?

How should burden of persuasion, burden of proof and the standard of proof be approached when faced with allegations or suspicions of corruption? What standard or standards should apply when and why? -- Can the rights and duties of the arbitrator to investigate corruption, including on his or her own initiative, be meaningfully identified? What about when such action collides or might collide with investigative efforts already undertaken or which might still be undertaken by national criminal authorities?

What justifications, excuses and defenses may exist to estop a party from invoking corruption on the part of the other party? What of the "unclean hands" doctrine and similar approaches?

What should be the legal consequences of a finding of corruption in commercial arbitration, in investment arbitration? When is it a question of jurisdiction, when of admissibility and when of the merits?

At the enforcement stage, what tensions may exist, where corruption has been alleged or proven, between the (un)enforceability of an arbitral award at the seat and the (un)enforceability of the same award in a foreign court? What limits should apply to de novo review by the foreign reviewing court?

What tools do arbitrators have, or not have, to investigate allegations of corruption, particularly when third parties may be involved?

Publication is expected in January 2013. Proposals for papers should be submitted to the editors by July 31, 2012.

Link to Full Posting

From International Law Reporter
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Call for Papers: The Tax Lawyer — The State & Local Tax Edition 

From Brandee Tilman, Editor-in-Chief of the State and Local Tax edition of The Tax Lawyer (via Alice Abreu (Temple), incoming Vice Chair, Publication, for the ABA Tax Section):

We are pleased to announce a call for articles for the Summer 2013 Edition of the ABA’s The Tax Lawyer – The State and Local Tax Edition (SALTE). The SALTE features legal scholarship devoted to state and local taxation and is distributed to the nearly 18,000 members of the ABA Tax Section as well as other subscribers. Though not limited to academic and/or tax policy articles, this publication provides an excellent venue for these types of articles, while simultaneously providing authors with a wide readership of state and local tax professionals.

Articles submitted for publication should be at least 40 double-spaced pages (or 10,000 words) plus footnotes, and should be submitted no later than November 15, 2012. The SALTE is a peer-reviewed publication, and publication decisions will be made by the Editor-in-Chief and Managing Editor, both of whom are practicing tax lawyers. Offers of publication will be issued within 30 days of receipt of the submission.

Contact Information:

Brandee A. Tilman
Editor-in-Chief (effective 7/1/12)

Jeffrey Reed
Managing Editor (effective 7/1/12)

From Faculty Law Conference Updates
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Call For Papers: Affordable Care Act 

Call for Papers:

Public Affairs Quarterly
is seeking abstracts for a special issue which will cover the various issues surrounding the upcoming Supreme Court decision on the constitutionality of the Affordable Care Act (ACA); the decision is expected later this month. We are seeking papers that are philosophical in nature, but, in keeping with the purpose of the journal, we are primarily interested in papers that engage in a meaningful way with the Court’s decision. The aim of the special issue is to move beyond the generic debate over universal health care and to engage critically with the various legal and normative issues at stake in the Affordable Care Act, specifically, the potential legal fallout from the decision, and legislative/political paths forward.

The Court has granted review of the following issues with respect to the ACA:

Is it appropriate to decide the case before any individual has been forced to pay the penalty which is at issue; i.e. does the Anti-Injunction Act apply?

Can the expansion in Medicaid proposed by the ACA be justified?
Can the individual mandate be constitutionally justified?

If the individual mandate is deemed unconstitutional, what ramifications ought this to have for the rest of the provisions in the ACA; i.e. is the individual mandate severable?

We hope that authors will engage meaningfully with one or more of these issues as well as the normative and legal consequences that follow.

Abstracts should be between 500 and 750 words in length and should be submitted within one month of the decision. If selected, authors will then have an additional six months to submit final manuscripts for the issue. The special issue will be edited by Nathan Stout (Tulane University) with oversight from PAQ’s Editor-in-Chief, Fritz Allhoff (Western Michigan University). We welcome submissions not just from philosophers, but also from our colleagues in the legal and medical communities.

Abstracts should be sent in .doc or .docx format to Nathan Stout at: All manuscripts are to be submitted in accordance with the style guidelines of the journal which may be found at the following address:

Contact Information:

Nathan Stout

From Faculty Law Conference Updates
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Call for Papers: Expanding the Gaze: Gender, Public Space, and Surveillance 

Expanding the Gaze: Gender, Public Space, and Surveillance
Deadline: September 15, 2012

The past decade has witnessed an explosion of scholarship covering the broad area of surveillance studies. Surveillance, or the ability to engage in what David Lyon (2003) calls ‘social sorting’, is understood by social scientists to be key to neoliberal governance, in large part because of its capacity to reconfigure both public space and forms of citizenship. And yet, to date, very little scholarly work systematically considers the gendered dimensions of, and experiences with, surveillance. The little research that does exist indicates the need for more in-depth study. This edited collection seeks to engage with contemporary studies on surveillance by expanding the gaze to include a critical analysis of gender and public space.

The aim of the collection is to capture a wide range of gendered experiences, identities, and subjectivities, including, but not limited to, those of ‘women’. By public space we are referring to those places to which the public has reasonable expectations of access. This space might be privately owned, public space, or a hybrid; it may be physical (e.g. shopping malls, city streets) or virtual (e.g. public on-line profiles and social media platforms). Surveillance itself may be technological (e.g. CCTV) or informal (e.g. ‘eyes on the street’). The key uniting theme of ‘Expanding the Gaze: Gender, Public Space, and Surveillance’ is the ways that the dimensions of gender, public space, and surveillance interact to produce particular configurations that have yet to be fully explored.

This call for papers seeks innovative feminist and/or intersectional scholarship for an interdisciplinary edited collection of original works. We welcome submissions from a variety of perspectives and academic disciplines, including: communication studies, criminology, geography, law, sexuality studies, socio-legal studies, sociology, and/or women’s and gender studies. Papers may be theoretical or empirical in nature.

Topics may include (but are not limited to)

- Surveillance, bodies, and forms of citizenship
- Sexuality/ies and surveillance
- Masculinity/ies and surveillance
- Gendered resistance to surveillance
- Gender and urban CCTV
- Surveillance and the intersectionality of gender, race, and class
- Queer and trans perspectives on, and experiences with, surveillance technologies
- Media/cinematic representations of surveillance
- Relationships between the watchers and being watched

Abstract submission:

Interested contributors should send a 300-500 word abstract and 200 word
bio to no later than September 15, 2012.

Those invited to contribute to the collection will be notified in October
2012 and full papers will be due in April 2013.

Please direct questions to collection editor:

Emily van der Meulen,
Department of Criminal Justice and Criminology
Ryerson University, Toronto, Canada.

From Feminist Law Professors

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Call For Papers Sustainable and Ethical Entrepreneurship, Corporate Finance and Governance, and Institutional Reform in China 

Sustainable and Ethical Entrepreneurship, Corporate Finance and Governance, and Institutional Reform in China

Journal of Business Ethics Special Issue Conference

6-7 April 2013, Beijing, China

Conference Link:

- Douglas Cumming, Schulich School of Business, York University, Canada
- Wenxuan Hou, Durham Business School, Durham University, UK
- Edward Lee, Manchester Business School, University of Manchester, UK

- Jiandong Chen, Southwestern University of Finance and Economics, China
- Xiao Ma, Southwestern University of Finance and Economics, China
- Huiyao Wang, Center for China and Globalization and Harvard University

SCOPE OF SPECIAL ISSUE: China is an increasingly influential emerging country. Its impressive economic growth has elevated hundreds of millions of people out of poverty, and has therefore been hailed as one of the greatest achievements of modern history. The rise of China's economy has been contributed by the private sectors where entrepreneurs have played a pivotal role. However, Chinese entrepreneurship was only enabled after institutional reforms began in the late 1970s. Since then, institutional reforms continued to facilitate and expand entrepreneurship in China by improving the business environment. As Chinese entrepreneurs become increasingly competitive, they will also become more dependent on external financial resources to fund their businesses. This increasing reliance on external capital will in turn enhance the demand for business ethics and corporate governance, since accountability and stewardship promotes confidence among outside investors. Thus, there is an interrelationship between entrepreneurship, corporate finance and governance, and institutional reform is crucial to China's past, current and future economic development. The success of China's economy so far warrants studies of these issues to acquire insights and inform the development of other emerging countries. This call of paper invites empirical studies on these issues that are specific to the Chinese setting and could provide useful policy implications.

TOPICS: Specific topics and research questions can include, but are not limited to:
- What kind of regulations or institutional reforms facilitates ethical, sustainable and socially responsible entrepreneurship?
- What kind of regulations or institutional reforms encourages venture capital, private equity, and capital market investment in ethical, sustainable and socially responsible entrepreneurship?
- Do business ethics and corporate governance mechanisms improve capital acquisition and reduce cost of capital for entrepreneurs?
- Do sustainable and ethical entrepreneurs perform better and what type of corporate financing approach or corporate governance mechanism improves their performance?
- What are the appropriate performance metrics for sustainable and ethical entrepreneurs?
- Do sustainable and ethical entrepreneurship lead to more successful IPO and better post-IPO performance?
- What factors exacerbate the frequency of fraud in private and publicly traded companies?
- What regulatory or governance tools mitigate the incidence of fraud among private and publicly traded companies?
- Do political connections deter fraud and facilitate corporate transparency and corporate social responsibility?
- How do central and local governments encourage ethical investment in private and publicly traded companies?
- What is the role of different types of investors (such as private equity, hedge funds, banks, or institutional investors) in mitigating the incidence of fraud among private and publicly traded companies?
- What is the role of different types of investors (such as private equity, hedge funds, banks, or institutional investors) in stimulating new firm creation, particularly those in socially responsible industries?
- How does ethical investment and fraud compare in China with other emerging economics, and what factors (legal, institutional, institutional, or cultural) affect these differences?

NOTE: Studies exploring Chinese listed firms and studies investigating other BRICS emerging economies, e.g. Brazil, Russia, India and South Africa, will be also considered.

To aid in the development of papers, a two-day conference will be held in Beijing, China on 6-7 April 2013. Acceptance to the conference does not guarantee acceptance into the special issue. Likewise, papers may be considered for the special issue that are not presented at the conference.

PAPER SUBMISSION PROCEDURE: In your submissions, please indicate whether you want your paper to be considered for the special issue of Journal Business Ethics (JBE). By submitting a paper, authors are certifying (a) that the submission is original, unpublished work, (b) that in whole or material part it is not simultaneously under consideration elsewhere. Papers will be externally double-blind reviewed according to standard journal policy, following which authors will be invited to present their papers at a special issue conference. Interested authors should submit their papers in two PDF files: one with the name, affiliation, and contact information of the authors and one anonymous copy for blind review. Please follow JBE guideline: ( for manuscript presentation and put "JBE 2013 China Special Issue Conference" as the subject heading of the submission email.

Papers are to be submitted to: Douglas Cumming,

Submission Deadline: 1 November 2012
Authors will be notified by: 20 December 2012
Special Issue Conference: 67 April 2013 (Saturday and Sunday)
Revise and resubmit process begins: 30 June 2013
Notification of acceptance to Special Issue: December 2013

ABOUT JBE: The Journal of Business Ethics publishes original articles from a wide variety of methodological and disciplinary perspectives concerning ethical issues related to business that bring something new or unique to the discourse in their field. All research articles in this journal have undergone rigorous peer review, based on initial editor screening and refereeing by two anonymous referees. JBE is one of the top 45 journals used by the Financial Times in compiling the prestigious Business School research rank and is included in the Social Science Citation Index.

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Call for Papers: Law and Culture in Medieval/Early Modern Europe and Atlantic World 

The international peer reviewed journal International Studies on Law and Education published by the Universidade de São Paulo, the Universidade do Porto and the Editora Mandruvá of Brazil, requests submissions of previously unpublished articles that treat any aspect of the interrelationship between law and culture in Medieval/early modern Europe and the Atlantic world. Studies with a strong comparative and or interdisciplinary focus are encouraged.

Submissions and any questions should be directed to Prof. Enric Mallorquí-Ruscalleda (, coordinator of this volume. Although the language of preference is English, studies written in any romance language, as well as German, will be considered.

The deadline for submission is Nov. 30, 2012, and decisions regarding acceptance will be communicated no later than fifteen days later (along with necessary modifications, if applicable).

Contact Information:

Prof. Enric Mallorquí-Ruscalleda

From Faculty Law Conference Updates
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Call for Papers: The Journal of Antitrust Enforcement 

The Journal of Antitrust Enforcement (OUP) Oxford University Press is delighted to announce the launch of a new competition law journal dedicated to antitrust enforcement. The Journal of Antitrust Enforcement forms a joint collaboration between OUP, the Oxford University Centre for Competition Law and Policy and the George Washington University Competition Law Center.

The Journal of Antitrust Enforcement will provide a platform for cutting edge scholarship relating to public and private competition law enforcement, both at the international and domestic levels.

The journal covers a wide range of enforcement related topics, including: public and private competition law enforcement, cooperation between competition agencies, the promotion of worldwide competition law enforcement, optimal design of enforcement policies, performance measurement, empirical analysis of enforcement policies, combination of functions in the mandate of the competition agency, competition agency governance, procedural fairness, competition enforcement and human rights, the role of the judiciary in competition enforcement, leniency, cartel prosecution, effective merger enforcement and the regulation of sectors.

Submission of papers: Original articles that advance the field are published following a peer and editorial review process. The editors welcome submission of papers on all subjects related to antitrust enforcement. Papers should range from 8,000 to 15,000 words (including footnotes) and should be prefaced by an abstract of less than 200 words.

Submission, by email, should be directed to the Managing Editor, Hugh Hollman at

Contact Information:

Ariel Ezrachi

William Kovacic

From Faculty Law Conference Updates
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Journal of Artificial Intelligence and Law -- Modelling Policy-making – a Call for Papers 

Paper Submission Deadline: May 28, 2012

We invite submission of papers on modelling policy-making. Below, we outline the intended audience, context, the topics of interest, and submission details.

We live in an age where citizens are beginning to demand greater transparency and accountability of their political leaders. Furthermore, those who govern and decide on policy are beginning to realise the need for new governance models that emphasise deliberative democracy and promote widespread public participation in all phases of the policy-making cycle: 1) agenda set-
ting, 2) policy analysis, 3) lawmaking, 4) implementation, and 5) monitoring. As governments must become more ecient and e ective with the resources available, modern information and communications technology (ICT)are being drawn on to address problems of information processing in the phases. One of the key problems is policy content analysis and modelling,particularly the gap between on the one hand policy proposals and formulations that are expressed in quantitative and narrative forms and on the
other hand formal models that can be used to systematically represent and reason with the information contained in the proposals and formulations.

Special Issue Theme
The editors invite submissions of original research about the application of ICT and Computer Science to the rst three phases of the policy cycle agenda setting, policy analysis, and lawmaking. The research should seek to address the gap noted above. The journal volume focuses particularly on using and integrating a range of subcomponents information extraction, text processing,
representation, modelling, simulation, reasoning, and argument to provide policy making tools to the public and public administrators. While submissions about tool development and practice are welcome, the editors particularly encourage submission of articles that address formal, conceptual, and/or computational issues. Some specific c topics within the theme are:

 information extraction from natural language text
 policy ontologies

formal logical representations of policies

transformations from policy language to executable policy rules
 argumentation about policy proposals

web-based tools that support participatory policy-making

tools for public understanding of arguments behind policy decisions

visualising policies and arguments about policies

computational models of policies and arguments about policies

integration tools

multi-agent policy simulations

Submission Details
Authors are invited to submit an original, previously unpublished, research paper of up to 30 pages pertaining to the special issue theme. The paper should follow the journal's instructions for authors and be submitted online. See the dropdown tab under the section FOR AUTHORS AND EDITORS.

Instructions for Authors on:

Submit Online on:

Each submitted paper will be carefully peer-reviewed based on originality, signi cance, technical soundness, and clarity of exposition and relevance for the journal.

Contact the special issue editors with any questions.

Link to Posting

From Legal Informatics Blog
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Charleston Law Review – Supreme Court Preview 

The Charleston Law Review is inviting submissions for its annual Supreme Court preview volume which previews cases before the Court during its October term. The deadline for submissions is August 1, 2012.

More information at Legal Scholarship Blog.
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