Addressing the Global Tragedy of Needless Pain: Rethinking the United Nations Single Convention on Narcotic Drugs

The lack of medical availability of effective pain medication is an enduring and expanding global health calamity. Despite important medical advances, pain remains severely under-treated worldwide, particularly in developing countries. This article contributes to the discussion of this global health crisis by considering international legal and institutional mechanisms to promote wider accessibility to critical narcotic drugs for pain relief

Constitutional Analogies in the International Legal System

This Article explores issues at the frontier of international law and constitutional law. It considers five key structural and systemic challenges that the international legal system now faces: (1) decentralization and disaggregation; (2) normative and institutional hierarchies; (3) compliance and enforcement; (4) exit and escape; and (5) democracy and legitimacy. Each of these issues raises questions of governance, institutional design, and allocation of authority paralleling the questions that domestic legal systems have answered in constitutional terms. For each of these issues, I survey the international legal landscape and consider the salience of potential analogies to domestic constitutions, drawing upon and extending the writings of international legal scholars and international relations theorists. I also offer some preliminary thoughts about why some treaties and institutions, but not others, more readily lend themselves to analysis in constitutional terms. And I distinguish those legal and political issues that may generate useful insights for scholars studying the growing intersections of international and constitutional law from other areas that may be more resistant to constitutional analogies

Normative Contestation in the International Order: Is China Remaking Global Governance?

This essay explores China’s approach to global order. China’s remarkable rise has coincided with increasing engagement with the institutions of global governance. These institutions—in particular the United Nations—make up the core of what U.S. leaders have often referred to as the liberal world order or the rules-based order. Many U.S. officials see China as a deep threat intent on challenging, and perhaps even seeking to replace, this rules-based order. This essay, however, makes the case that China’s near-term goals for global governance appear more modest. Much of China’s behavior within institutions such as the UN suggests that what it seeks today is less a recasting of the existing order than a rebalancing and reinforcing of certain longstanding principles and features. China’s primary focus over the last decade has been to revitalize and reinforce long-standing principles of international law such as sovereignty, territorial integrity, and multilateralism while attacking the American concept of a rules-based order. Traditional concepts of sovereignty and international law provide an attractive frame to China. However, there are aspects of the international order China resists or even tries to undermine, such as the law of the sea and international human rights law. This essay explores how China’s approach to global governance has developed over the twentieth century and the first decades of the twenty-first and examines what conclusions about the near future we may draw from this evolution

Sovereignty and Multilateralism

In the remainder of this essay I explore several issues raised by the linkages between sovereignty and multilateralism. In Part II, I critique McGinnis\u27 positive claims about multilateral cooperation, and his attempt to normatively distinguish international trade law from other forms of multilateralism. Part III then inquires into the nature of the democracy problem in international law. I argue that a focus on the substance of international legal agreements is not compelling. I present a basic framework for analysis of the democracy problem, and use it to suggest a better approach, which instead focuses on the structure and process of international lawmaking. Part IV then briefly considers the question of sovereignty in light of recent theorizing on the changing nature and meaning of sovereignty. Part V concludes

The L&E of Intellectual Property – Do we get maximum innovation with the current regime?

Innovation is crucial to economic growth – the essential path for lifting much of the world population out of dire poverty and for maintaining the living standard of those who already have. To stimulate innovation, the legal system has to support the means through which innovators seek to get rewarded for their efforts. Amongst these means, some, such as the first mover advantage or 'lead time,' are not directly legal; but secrets and intellectual property rights are legal institutions supported for the specific purpose of stimulating innovation. Whilst the protection of secrets has not changed very much over recent years, intellectual property (or IP) has. IP borrows some features from ordinary property rights, but is also distinct, in that, unlike physical goods, information, the object of IP, is not inherently scarce; indeed as information and communication technologies expand, the creation and distribution of information is becoming ever cheaper and in many circumstances abundant, so that selection is of the essence ('on the internet, point of view is everything'). Where rights on information extend too far, their monopolising effect may hamper innovation. The paper investigates the underlying structure of IP rights and surveys what we know empirically about the incentive effects of IP as about industries that flourish without formal IP