bluuebunny/crossref_metadata_2025_split huggingface dataset:
1 Introduction
Authors: Superson Anita M. 
Published: May 2009

AbstractThis chapter introduces the topic of the book: to define the position of the moral skeptic about practical reason. It justifies the project on theoretical and practical grounds, highlights the ways in which philosophers need to alter the traditional view of the skeptic, and provides a chapter summary. The traditional view of the skeptic is one who adopts the expected utility theory of rational choice, and demands that we show that acting in morally required ways, rather than self‐interestedly, is rationally required. The chapter previews the arguments in favor of (1) expanding this view beyond defeating action skepticism, to defeating disposition skepticism, motive skepticism, and to addressing the amoralist; (2) modifying the expected utility theory to exclude desires deformed by patriarchy; and (3) covering immoral actions that are not best characterized as self‐interested but which fit better under the umbrella of privilege, thereby making the traditional skeptic's position sensitive to issues of gender and the like.
6 The Amoralist
Authors: Superson Anita M. 
Published: May 2009

AbstractThis chapter examines and rejects several internalist arguments defending the view that we need not address the skeptic who believes that amoralism is a tenable position for the reason that the amoralist is either inconceivable, irrational, or simply lacks a reason to act morally. The amoralist recognizes that he has a reason to act morally but denies the force of moral reasons. This chapter defends the weak externalist view, according to which recognizing a reason to act morally might, but does not necessarily, motivate the agent. The failure of internalist arguments leaves open the possibility of a rational amoralist. Thus, we should address the amoralist in attempting to defeat skepticism, and broaden the skeptic's position accordingly. But even if we do not defeat the amoralist, we do not fail to defeat skepticism wholesale, because being motivated by reasons is a psychological issue.
7 The Motive Skeptic
Authors: Superson Anita M. 
Published: May 2009

AbstractThis chapter examines whether we need, for a complete defeat of skepticism, to defeat the motive skeptic, who is not an action skeptic, yet believes there no rational requirements on the relevant motives, but that it is rationally permissible merely to go through the motions in acting morally instead of acting from an ideal moral motive. After examining and dismissing two purported reasons for not defeating the motive skeptic, the chapter offers an attempt indirectly to defeat the motive skeptic by showing that having reasons and motives that are not in harmony is a mark of “modern moral schizophrenia.” This disharmony is a mark of irrationality, which shows that having a rational requirement to act in morally required ways while believing it to be rationally permissible merely to go through the motions is an untenable position.
A Brief History of International Investment Agreements
Authors: Vandevelde Kenneth J. 
Published: May 2009

AbstractThis chapter traces the history of international investment agreements. The history thus far comprises three separate eras. The first, the colonial era, began in the late 18th century and continued until the end of the Second World War. The second, the postcolonial era, began with the end of the war and continued until approximately 1990, with the collapse of the Soviet Union. The third, the global era, began in approximately 1990 and continues to the present.
Do BITs Really Work?: An Evaluation of Bilateral Investment Treaties and their Grand Bargain
Authors: Salacuse Jeswald W. , Sullivan Nicholas P. 
Published: May 2009

AbstractThis chapter assesses whether BITs have achieved their objectives. The first part of the chapter examines the historical movement to form BITs. The second part explores the goals motivating BITs, namely foreign investment protection, market liberalization, and foreign investment promotion. The next three parts assess the success of BITs in achieving each of these goals. The chapter concludes by considering the implications of the BIT movement for the further development of international investment law.
Do Bilateral Investment Treaties Increase Foreign Direct Investment to Developing Countries?
Authors: Neumayer Eric , Spess Laura 
Published: May 2009

AbstractThis chapter addresses the question of whether of bilateral investment treaties (BITs) increase foreign direct investment (FDI) to developing countries. Developing countries that sign more BITs with developed countries receive more FDI inflows. The effect is robust to various sample sizes, model specifications, and whether or not FDI flows are normalized by the total flow of FDI going to developing countries. There is some limited evidence that BITs function as substitutes for institutional quality. The message to developing countries, therefore, is that succumbing to the obligations of BITs does have the desired payoff of higher FDI inflows.
Do BITs Really Work? Revisiting the Empirical Link Between Investment Treaties and Foreign Direct Investment
Authors: Yackee Jason 
Published: May 2009

AbstractEric Neumayer and Laura Spess (2005) recently published in the journal World Development the first peer-reviewed, methodologically sophisticated econometric analysis of the effects that bilateral investment treaties (BITs) might have on foreign direct investment (FDI) inflows. The authors provided robust statistical evidence that developing countries that sign BITs with important capital-exporting countries enjoy potentially massive increases in FDI. This chapter replicates, expands, and critiques Neumayer and Spess's study with the purpose of probing how much is known about the effects of BITs on FDI inflows.
The Impact of Endogenous Tax Treaties on Foreign Direct Investment: Theory and Empirical Evidence
Authors: Egger Peter , Larch Mario , Pfaffermayr Michael , Winner Hannes 
Published: May 2009

AbstractThis chapter sheds further light on the question of how tax treaties affect outward foreign direct investment (FDI). The chapter is organized as follows. Section A outlines the general equilibrium model of trade and multinational firms for studying the welfare and FDI effects of tax treaties. The theoretical hypotheses are summarized in Section B. Section C presents the database, the econometric methods, and the empirical results. Section D discusses the results in the light of previous research, and provides an extension regarding the time pattern of accumulation of the treaty-induced effect on FDI.
The Effect of Tax and Investment Treaties on Bilateral FDI Flows to Transition Economies
Authors: Coupé Tom , Orlova Irina , Skiba Alexandre 
Published: May 2009

AbstractThis chapter empirically examines the effect of bilateral investment treaties (BITs) and double taxation treaties (DTTs) on foreign direct investment. This chapter is structured as follows: firstly it describes bilateral investment and tax treaties, and reviews existing empirical studies on both BITs and DTTs. It then describes the methodology and data, and discusses the estimation technique and results, and conclusions. The chapter shows that transition countries that have BITs with developed countries receive more FDI inflows from these countries. It also provides evidence that BITs function to some extent as substitutes for institutional quality. There was no robust effect of tax treaties on FDI.
CHAPTER 8 Experimental Tests of Rationality
Authors: Read Daniel 
Published: May 2009

Abstract
Rational choice theory assumes that agents have a set of basic preferences, and specifies “rationality conditions” that must be met to satisfy those preferences optimally. Most experimental studies in behavioural economics are either explicit tests of whether actual behaviour conforms to these rationality conditions or else developments of theories that began that way. This chapter is a selective review of these experimental studies. It focuses on differences between the conditions of choice that are normatively irrelevant according to the rationality conditions, yet which nonetheless have, a profound influence on preference. These include framing of consequences, adding irrelevant items to the choice set, and changing the way preferences are expressed. The chapter discusses how preferences are not pre‐computed, but rather produced at the moment of choice from information that is made salient by the choice context.
CHAPTER 10 Choice over Time
Authors: Manzini Paola , Mariotti Marco 
Published: May 2009

AbstractThis chapter reviews both the theoretical modeling and the experimental evidence, relating to choice over time. Most of the space is devoted to choices between outcome‐date pairs, which has been better studied, especially experimentally, but it also discusses choices between time sequences of outcomes. It distinguishes between “soft anomalies”, which can be accommodated by a simple modification of the standard exponential discounting model (e.g. hyperbolic discounting) and “hard anomalies” which pose a more fundamental challenge.
CHAPTER 13 Limits Of Utilitarianism As The Ethical Basis Of Publicaction
Authors: Pattanaik Prasanta K. 
Published: May 2009

AbstractThough utilitarianism has been highly influential as a normative theory of public action, it has faced many searching criticisms throughout its history. In welfare economics, where the dominant conceptual framework was basically utilitarian for a long time, many distinctly non‐utilitarian ethical concerns have been explored in the last few decades. This chapter provides a review of some of the arguments advanced by the critics of utilitarianism as the basis of public action. The chapter starts with a discussion of some basic features of utilitarianism and then reviews a number of objections to utilitarianism, grouping them in three categories: (i) “problems of exclusion” (ii) “problems of inclusion” and (iii) “problems of aggregation”.
CHAPTER 14 Consequentialism and Non‐Consequentialism
Authors: Suzumura Kotaro , Xu Yongsheng 
Published: May 2009

Abstract
Most, if not all, practitioners of welfare economics and social choice theory are presumed to be welfaristic in their conviction. Indeed, they evaluate the goodness of an economic policy and/or economic system in terms of the welfare that people receive at the culmination outcomes thereby generated. Recent years have witnessed a substantial upsurge of interest in the non‐welfaristic bases, or even the non‐consequentialist bases, of welfare economics and social choice theory. Capitalizing on the axiomatic approach explored in the recent past, this chapter tries to provide a coherent analysis of consequentialism vis‐a‐vis non‐consequentialism. To begin with, this chapter develops an abstract framework in which the primitive of the analysis is a preference ordering held by an evaluator over the pairs of culmination outcomes, and opportunity sets from which those culmination outcomes are chosen. As a partial test to see how much relevance can be claimed the axiomatized concepts of consequentialism and non‐consequentialism, two simple applications of this abstract framework are worked out. The first application is to the Arrovian social choice theory, and the second application is to the analysis of ultimatum games.
CHAPTER 16 Responsibility
Authors: Fleurbaey Marc 
Published: May 2009

Abstract
This chapter reviews the various ways in which individual responsibility has been incorporated in the definition of social rankings or allocation rules, in the theory of social choice as well as in the theory of fair allocation. It stresses the concepts underlying the different approaches. In particular, the literature reveals a deep opposition between two conceptions of responsibility: “liberal” one which sees responsibility as eliminating the need for redistribution and a “utilitarian” one which considers that responsibility justifies adopting an inequality‐neutral social objective. There is a second opposition, between the compensation principle that focuses on neutralizing the inequalities for which the individuals are not responsible and the reward principles which focus on the consequences of responsibility. Combining these two divides yields four distinct ways of defining a responsibility‐catering social objective (or allocation rule).
CHAPTER 20 Population Ethics
Authors: Blackorby Charles , Bossert Walter , Donaldson David 
Published: May 2009

Abstract
This chapter reviews the welfarist approach to population ethics. This chapter provides an overview of the critical‐level utilitarian population principles and their generalized counterparts, examine important properties of these principles and discuss their relationships to other variable population social evaluation rules. The chapter illustrates the difficulties arising in population ethics by means of an impossibility result and present characterizations of the critical‐level generalized utilitarian principles and of three of their sub classes.
CHAPTER 21 Distributive Justice
Authors: Gaertner Wulf 
Published: May 2009

Abstract
In this survey questionnaire‐experimental studies on issues of distributive justice are discussed. The chapter starts with the aspect of needs, then asks what happens in the context of production where individuals make contributions and exercise effort to a smaller or higher degree depending on their physical and mental abilities. Then it examines two investigations in which the role of the evaluating person is either that of an outside observer with no stakes or that of a person who belongs to the society whose income distribution is to be judged. Finally it considers aspects of responsibility, tastes, beliefs, and framing.
The Law of Command Responsibility
Authors: Mettraux Guénaël 
Published: May 2009

Abstract
The book studies the law of command or superior responsibility under international law. Born in the aftermath of the Second World War, the doctrine of superior responsibility provides that a military commander, a civilian leader or the leader of a terrorist, paramilitary, or rebel group could be held criminally responsible in relation to crimes committed by subordinates even where he has taken no direct or personal part in the commission of these crimes. The basis of this type of liability lies in a grave and culpable failure on the part of the superior to fulfil his duties to prevent or punish crimes of subordinates. Though it first developed in the international arena, the doctrine of superior responsibility has now spread into many domestic jurisdictions, thus offering judicial and prosecutorial authorities a ready-made instrument to hold to account the leaders of men who knew of the crimes of their subordinates and failed to respond adequately to prevent or punish those crimes. This book provides a dissection of the doctrine of superior responsibility, the scope of its application, its elements as well as the evidential difficulties involved in establishing the criminal responsibility of a superior in the context of a criminal prosecution.
Military Commanders, Civilian Leaders, and Other Superiors, whether De Jure or De Facto
Authors: Mettraux Guenael 
Published: May 2009

Abstract
This chapter deals with the scope of application ‘ratione personae’ of the doctrine of superior responsibility. In particular, it discusses and analyses the application of that doctrine to military as well as civilian leaders and discusses the practical and evidential distinctions relevant in both contexts. It deals with the application of that doctrine to less formal types of superiors, such as terrorist or rebel leaders and military-private contractors. The chapter is also devoted to the all important question of the distinction between de jure superiors who have been appointed or elected to command and lead, and de facto superiors whose authority to command lays, not on domestic law, but on other factors.
Introduction
Authors: Vranes Erich 
Published: May 2009

Abstract
This introductory chapter provides an overview of the main questions examined in this book. It argues that there are three sets of questions which demarcate the so-called ‘trade and environment’ nexus: The first set of questions concerns the relationship between WTO law, multilateral environmental agreements, and non-WTO law more generally. This brings into play the issue of conflict of norms, the legal status of the lex specialis principle and similar legal maxims, and the concepts jurisdiction and applicable law in WTO dispute settlement. A second set of questions is related to the disputed concepts of extraterritorial jurisdiction and unilateral state action. A third group of issues concerns the scope and contents of relevant WTO disciplines. In this respect, this book examines the basic principles governing the General Agreement on Tariffs and Trade (GATT) and the Agreement on Technical Barriers to Trade (TBT Agreement).
The Principles of Conflict Resolution
Authors: Vranes Erich 
Published: May 2009

Abstract
Principal questions regarding the so-called ‘rules’ on conflict resolution such as the lex posterior maxim are still unresolved and disputed in international law just as in domestic law doctrine. These questions concern the legal nature of these maxims, their number, contents and legal consequences. It also relates to the structure of the legal order and basic principles such as pacta sunt servanda. This chapter argues that principles such as the lex specialis and lex posterior maxims should be regarded as subordinate interpretative criteria, which implies inter alia that there can be no abstract hierarchy between the lex posterior and lex specialis maxims. The chapter also examines problems relating to the lex superior, lex posterior, and lex specialis maxims, both in legal theory and international law. It analyses the problems of successive (multilateral) treaties, barriers to derogation (pacta tertiis principle etc.), and an eventual hierarchy of conflict principles in international law.
Extraterritorial Jurisdiction
Authors: Vranes Erich 
Published: May 2009

Abstract
This chapter analyses the concept of extraterritorial jurisdiction and underlying fundamental notions, such as sovereignty, non-intervention, balancing of interests, proportionality, and legal principles. It provides a refined definition of extraterritorial jurisdiction. Moreover, it examines a plurality of ways to infer the proportionality principle from the structure of the legal order and shows that it can be classified, inter alia, as an element of teleological interpretation. The chapter argues that one cannot deny the existence of this principle in international law and that the principle of proportionality, understood as a scheme for rational argumentation, provides an adequate framework as to how exercises of extraterritorial jurisdiction can be assessed in a legally adequate manner.
‘Unilateralism’ in the Trade and Environment Context
Authors: Vranes Erich 
Published: May 2009

Abstract
This chapter addresses unilateral trade-related environmental measures (TREMs). It distinguishes such measures from exercises of extraterritorial jurisdiction and briefly examines the relevance of Principle 12 of the Rio Declaration and the GATT/WTO rulings in the US–Tuna and US–Shrimp disputes. This chapter then develops a scheme for classifying legal measures (unilateral versus multilateral/territorial versus extraterritorial/protection of domestic concerns versus protection of extraterritorial concerns), which consists of eight categories of measures. This scheme helps with the analysing the various constellations that may occur in state regulation. The chapter then addresses the question as to when unilateral trade-related environmental measures addressing extraterritorially located concerns are illegal under international law. It submits that such measures have to be suitable to promote a legitimate environmental concern, necessary in the sense of constituting the mildest means of interference with the interests of other countries, and must be proportionate to the end pursued.
The Trade Disciplines Arising under the TBT Agreement
Authors: Vranes Erich 
Published: May 2009

Abstract
This chapter analyses the functions and scope of application of the WTO TBT Agreement. It examines its relationship with the GATT and the SPS Agreement, its non-discrimination disciplines, the prohibition on unnecessary technical barriers to trade, and justification under the TBT Agreement. It also analyses the requirement to base technical regulations on international standards. This chapter argues that the TBT Agreement contains several concretisations of the necessity requirement, but does not introduce a proportionality review.
Processes and Production Methods: A Special Case under the GATT and the TBT Agreement?
Authors: Vranes Erich 
Published: May 2009

Abstract
This chapter addresses the question of whether a WTO Member is allowed to introduce measures affecting trade in goods that are concerned with process and production methods which are not related to the goods concerned in the sense of bearing on their physical characteristics (‘non-product-related PPMs’). Taking into account relevant WTO dispute settlement decisions (US–Tuna, US–Shrimp), this chapter argues that non-product related PPM requirements, which are neither de jure nor de facto discriminatory, should be regarded as being consistent with Articles III and I of the GATT. It also submits that Appellate Body jurisprudence cannot be read as excluding justification of non-product-related PPMs under Article XX. The chapter then addresses border tax adjustment disciplines and process-based taxation, and process-based measures under the TBT Agreement. Finally, it examines the permissibility of process-based environmental labelling under GATT and TBT disciplines, arguing that such measures are not per se prohibited.
Ozone Protection and WTO Law
Authors: Vranes Erich 
Published: May 2009

Abstract
This chapter focuses on the legal relationship, and possible conflicts of norms, between the international ozone regime and WTO law. After a brief analysis of the Vienna Convention for the Protection of the Ozone Layer, the Montreal Protocol, its amendments, and adjustments, it examines the possible conflicts of norms that may stem from the adoption of trade measures against parties not complying with the ozone regime, and conflicts with WTO law that may arise from the imposition of trade restrictions vis-à-vis states that are not party to the ozone regime. The chapter concludes that from the viewpoint of the international ozone protection regime, the often cited ‘chilling effect’ of the WTO treaty and the need to revise WTO law appear to be overstated.
10 United Kingdom Doctrine and Policy
Authors: Quinlan Michael 
Published: May 2009

Abstract
This chapter recalls the evolution of plans for UK nuclear-weapon capability from complete independence in the decade after World War II through the shift to US/UK cooperation, with reliance upon the United States in some key aspects of materiel procurement. It explains the thinking behind the concept of ‘second-centre’ decision-making and operational independence, the latter contrasted with the wider (and much more expensive) form of independence espoused by France. It notes the strength of anti-nuclear campaigning in Britain, and explains the UK approach to such issues as targeting and deterrent adequacy. It reviews changes made since the end of the Cold War, and surveys the 2006–7 decision to envisage a new-generation force to last beyond the early 2020s. It notes that key commitments on implementing this have yet to be made, and suggests that there remains scope for revisiting both the principle and the detail of the capability renewal decision.