Loyola University Chicago, School of Law: LAW eCommons
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Framework for the Recognition of Competition Compliance Programs and Dilemmas Faced by Competition Authorities
No full textShould competition authorities reward compliance? How could competition authorities reward compliance? This article aims to examine these questions by analysing the approaches taken by the competition authorities, and the positive and negative effects that may result if competition authorities reward competition compliance programmes. Finally, the paper sets out the frameworks of recognition of competition compliance programmes and dilemmas faced by competition agencies when rewarding ex-ante and ex-post compliance efforts
Withholding Democracy: The Timeliness of Self-Governance in a PostConflict Occupation
Get PDFIn December 2017, the Human Rights and Election Standards initiative at the Carter Center, in collaboration with United Nations Office of the High Commissioner for Human Rights (OHCHR), issued a Plan of Action that was the culmination of two years of analysis and debate regarding a human rights approach to elections. Part of their plan recognized the need for well-written and targeted recommendations for implementing a transition to democracy. This article is a first step towards drafting such recommendations. The right to free and fair elections is a well-established norm in international law; some scholars even argue it is a fundamental human right. Research and scholarly works in this area focus heavily on elections in newly-formed democracies within the developing world following civil war or other internal strife; little-to-no attention is paid to the responsibility an occupying power has to implement free and fair elections after it is victorious in armed conflict. While it is generally recognized no single electoral method is suitable to all nations and peoples, significant international and regional treaties, including the International Covenant on Civil and Political Rights, The Universal Declaration of Human Rights, The European Convention on Human Rights and Fundamental Freedoms, and the Charter of the Organization of American States, protect the claim of citizens to universal and equal suffrage. What is not established are the obligations on a victor and occupier, post-conflict, to enact free and fair elections for the people they now govern, even when the purpose of the conflict was to promote a democratic way of life. The issue is particularly salient when a long-term occupation is established, effectively removing the defeated nation\u27s ability to govern itself. And if the occupier is a long-standing democratic nation, even less attention is given to whether their decisions regarding electoral methods meet internationally-established norms. As a cornerstone of democracy, self-rule should be enacted as soon as possible, even if it results in new and less-experienced political leaders, but even the most basic question surrounding an alleged human right has yet to be answered: How soon post-conflict should the election process begin? Timeliness of elections for transitioning democratic nations is a new area of research. The importance of determining the appropriate time for implementing elections, with the proposition earlier is better, is illustrated in this article through three case studies wherein a victorious Western occupier (the United States) oversaw a transition to democracy. The first two case studies examine the post-World War II occupations of Japan and Germany, which contrast a short- and long-term timeline for implementation of a new national government, but also include early local and regional elections to promote self-governance and democratic roots. The third case is 2003 Iraq, which is an example of a long-term process-more than two years-leading up to the first democratic elections at the national level with no earlier votes at local or regional levels. Each of these separate approaches impacted party formation, demographic and social representation, and make-up of the respective nation\u27s long-term government. A model approach is then presented, advocating for early, albeit not perfect, elections for the purpose of promoting democracy (i.e., citizens learn by doing) and establishing national legitimacy on the global stage through sovereignty
Modernizing Chicago: Eliminating the Clybourn Corridor’s Restrictive Planned Manufacturing District Zoning Regulations
Get PDFIn Chicago, the resolution of the fervent debate surrounding a certain land-use restriction known as the planned manufacturing district (“PMD”) zoning designation will have a direct impact on Chicago’s future. PMDs protect industrial operations by preventing all residential and many commercial uses of land in certain areas of the city. In 1988, Chicago began implementing PMDs to protect industrial operations that an influx of residential development—which had forced industrial companies to consider selling, relocating, or closing—threatened. Chicago continues to rely on PMDs. Fifteen PMDs currently operate, but some of these districts face increased scrutiny as Chicago’s industrial sector steadily declines. The Clybourn Corridor PMD is the PMD that has faced the greatest scrutiny. Those who advocate for the elimination of the Clybourn Corridor’s PMD designation argue that the current land-use restriction is a relic of a different economic era and that the historic justification for preventing residential and commercial growth is not applicable in the current Chicago economic market. But those who support the Clybourn Corridor PMD argue that Chicago should protect the few industrial jobs left in the area. This Article ultimately advocates for the City of Chicago to eliminate the Clybourn Corridor’s PMD designation. In place of the current land-use restrictions, this Article calls for the creation of a new set of zoning laws that maximize the value and efficiency of the land in the Clybourn Corridor by allowing residential and commercial uses. Under these new land-use laws, Chicago can shed an outdated and inefficient set of restrictions and create a new hub of economic growth
International Investment Law’s Unending Legitimation Project
No full textLegitimacy problems continue to dog investment law, despite modest efforts at bridging its legitimacy gap. Drawing upon lectures by nineteenth century historian François Guizot, this Article argues that legitimacy problems do not simply dissipate over time. Securing and maintaining legitimacy, instead, requires continuous work. This Article takes up a justificatory frame for determining how well investment law is succeeding in securing legitimacy. As Guizot describes it, representatives invested with power on behalf of a majority must continually seek to justify their authority. Because rulers are fallible, exercises of authority must be open, public, and subject to endless questioning. The subsequent parts of the Article evaluate strategies that have been taken up by states and by arbitrators in light of this legitimacy frame. The Article asks whether these strategies offer up a means by which citizens can learn about, embrace, or resist the regime’s dictates of what is in the common interest. It is suggested that the state and arbitral strategies under discussion fall far short of this mark. More drastic reforms need to be entertained, many of which will be anathema to investment law’s norm entrepreneurs
The Incredible Shrinking Victory: Eli Lilly v. Canada, Success, Judicial Reversal, and Continuing Threats from Pharmaceutical ISDS
Get PDFThis Article examines the Eli Lilly v. Canada arbitration award and its potential impact on intellectual property-based investor-state dispute settlements affecting pharmaceuticals. It begins by providing contextual background on ISDS and the underlying Eli Lilly patent invalidations. It then critiques the award and discusses the dangers of its overly cautious grounds of decision and its explicit validation of IP-based ISDS. The Article further illustrates these dangers through a discussion of the stunning judicial reversal of the promise/utility doctrine by the Canadian Supreme Court, the withdrawal of a compulsory licensing proposal in Colombia, and the deregistration of a competing generic Hepatitis C medicine in Ukraine. Ultimately, it recommends that ISDS provisions be removed or rewritten to prevent the possibility of bringing IP-related claims
