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The Progressive Development of International Law on the Return of Stolen Assets: Mapping the Paths Forward Eur. J. Int. Law (IF 1.8) Pub Date : 2024-09-09 Cecily Rose
The return of stolen assets represents a ‘fundamental principle’ of the United Nations Convention against Corruption (UNCAC). The convention’s inclusion of a chapter on asset recovery was considered a groundbreaking achievement at the time of the treaty’s conclusion in 2003. The treaty negotiations concerning these provisions, however, were highly controversial, and the discussions did not benefit
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The Spiritual Exercises of Antonio Cassese and the Re-Forming of a ‘European Tradition’ of International Law Eur. J. Int. Law (IF 1.8) Pub Date : 2024-07-16 Adil Hasan Khan
This article describes Antonio Cassese’s vital influence on the ‘European tradition of international law’ through an attentiveness to those specific activities through which Cassese, as heir, received this tradition and through which Cassese, as ancestor, transmitted it. The specific activity that the article chooses to describe is that of writing – one of the several activities through which a tradition
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A Deeper Understanding of the Constitutional Status of Māori and Their Rights Required: A Reply to Christian Riffel Eur. J. Int. Law (IF 1.8) Pub Date : 2024-06-28 Claire Charters
In his recent article, Christian Riffel makes the important argument that New Zealand’s free trade agreements (FTAs) with the European Union and the United Kingdom constitute a form of constitutional law-making. However, in my view, Riffel misconstrues Māori rights under domestic and international law and associated context and law. He does not take sufficiently seriously the unique right of Indigenous
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Constitutional Law-making by International Law: The Indigenization of Free Trade Agreements Eur. J. Int. Law (IF 1.8) Pub Date : 2024-06-24 Christian Riffel
New Zealand’s free trade agreements (FTAs) with the European Union and the United Kingdom break new ground by elevating Indigenous customary protocols to a vector in the regulation of international trade. While in the past the focus has been on securing policy space to protect Indigenous rights, this has shifted: Māori, the Indigenous people of Aotearoa New Zealand, have entered the trade arena, and
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Revisiting Röling and Cassese’s Appraisal of the Tokyo Tribunal Eur. J. Int. Law (IF 1.8) Pub Date : 2024-06-02 Kirsten Sellars
In late 1977, Antonio Cassese interviewed Bernard Röling about his experiences as a judge at the International Military Tribunal for the Far East, and his career after that. The resulting book, The Tokyo Trial and Beyond: Reflections of a Peacemonger, was published in 1993. It not only offered an insider’s account of the politics and personalities that shaped the Tokyo tribunal but also addressed
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Militant Democracy Unmoored? The Limits of Constitutional Analogy in International Law Eur. J. Int. Law (IF 1.8) Pub Date : 2024-05-22 Ming-Sung Kuo
As constitutional democracies are faced with authoritarianism and other anti-constitutionalist threats, international law is seeing its own challenge from the increasing influence of authoritarian states. Yet, departing from the recent tendency to model the international legal order after constitutional governance, international lawyers seem to show little interest in the concept of militant democracy
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Taking Dworkin’s Legal Monism Seriously Eur. J. Int. Law (IF 1.8) Pub Date : 2024-05-14 Thomas Bustamante
In this review essay, I analyse two philosophical positions presented by Cormac Mac Amhlaigh in New Constitutional Horizons – namely, a pluralistic analytic legal theory, which offers a criterion of ‘individuation’ of legal systems in the context of transnational laws (to explain the relationship between domestic and international law), and a pluralistic account of constitutionalism, which understands
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International Lawyers in Post-Soviet Eurasia: Decoding the Divisibility Eur. J. Int. Law (IF 1.8) Pub Date : 2024-03-27 Artur Simonyan
This article examines the epistemic community of post-Soviet Eurasian international lawyers who interact, publish, teach and practise international law, predominantly in Russia and in Russian, forming a Russia-centred divisible college. By decoding the unknown group, the article presents its defining characteristics, including the link between membership in a Russia-centred epistemic community and
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Is Imitation Really Flattery? The UK’s Trade Continuity Agreements: A Reply to Joris Larik Eur. J. Int. Law (IF 1.8) Pub Date : 2024-03-20 Emanuel Castellarin
The assessment of the United Kingdom’s (UK) trade continuity programme is open to debate. Joris Larik argues that this programme should be seen as a success both for the UK (although a ‘modest’ one) and for the European Union (EU). However, the significance of the UK’s trade continuity agreements should not be overstated, as the replication of the EU’s trade agreements seems to result above all from
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Textbooks as Markers and Makers of International Law: A Brazilian Case Study Eur. J. Int. Law (IF 1.8) Pub Date : 2024-03-14 Luíza Leão Soares Pereira, Fabio Costa Morosini
This article challenges conventional views of international law textbooks as mere instructional tools and explores them as powerful sites for shaping knowledge and the discipline. Drawing on empirical methods and critical theory, we analyse the 10 main international law textbooks used in Brazil and conduct interviews with their authors to illuminate the textbooks’ complexities and their potential for
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Epistemic Blind Spots, Misconceptions and Stereotypes: The Home Birth Jurisprudence of the European Court of Human Rights Eur. J. Int. Law (IF 1.8) Pub Date : 2024-02-17 Fleur van Leeuwen
This article offers a critical feminist reading of the home birth jurisprudence of the European Court of Human Rights. The aim is to shed light on the gender sensitivity of the Court in its legal reasoning and knowledge production. Since its first decision on the permissibility of a blanket de facto home birth ban in the case of Ternovszky v. Hungary in 2010, the Court has given five judgments on the
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A Love Triangle? Mapping Interactions between International Human Rights Institutions, Meta and Its Oversight Board Eur. J. Int. Law (IF 1.8) Pub Date : 2024-01-04 Anna Sophia Tiedeke, Martin Fertmann
Three years ago, the Oversight Board commenced its work ‘to make principled, independent, and binding decisions … based on respect for freedom of expression and human rights’ for Meta’s platforms Facebook and Instagram. From the very beginning, the vocabulary employed to talk about the Oversight Board was laden with court metaphors. Wary that these metaphors have stirred legal analysis into a specific
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Imitation as Flattery: The UK’s Trade Continuity Agreements and the EU’s Normative Foreign Policy Eur. J. Int. Law (IF 1.8) Pub Date : 2023-12-16 Joris Larik
This article analyses the United Kingdom’s (UK) ‘trade continuity programme’. The promise that, once outside the European Union (EU), the UK would strike new, lucrative trade deals continues to be an important part of the Brexiteers’ narrative. What the UK was compelled to do first, however, was to conclude ‘roll-over’ agreements to replace the trade agreements already made by the EU. This article
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After TWAIL’s Success, What Next? Afterword to the Foreword by Antony Anghie Eur. J. Int. Law (IF 1.8) Pub Date : 2023-12-14 Arnulf Becker Lorca
In the span of two decades, Third World approaches to international law (TWAIL) experienced a meteoric rise, becoming not only one of the most interesting but also one of the dominant approaches to international law. This Afterword to the Foreword by Antony Anghie reflects upon the rise of TWAIL and its significance to the discipline of international law. I argue that having become part of the disciplinary
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The Third World and the Quest for Reparations: Afterword to the Foreword by Antony Anghie Eur. J. Int. Law (IF 1.8) Pub Date : 2023-12-09 Andreas von Arnauld
In his Foreword, Antony Anghie contrasts two systems of reparations: the Third World system, which is about reparations for colonial expropriation and disenfranchisement, and the Western system, according to which, in the context of decolonization, newly independent states were allowed to expropriate foreign corporations only in return for full compensation. While the Western system has been firmly
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International Law and the Agony of Animals in Industrial Meat Production Eur. J. Int. Law (IF 1.8) Pub Date : 2023-11-06 André Nollkaemper
International law leaves states and meat-producing corporations full freedom to annually subject billions of animals to extreme suffering during intensive meat production. In the last two decades, the World Organisation for Animal Health (WOAH) has taken the lead in developing international standards for animal welfare. WOAH alone will not be able to restrict the liberty of international law, given
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Illegal, Unless: Freezing the Assets of Russia’s Central Bank Eur. J. Int. Law (IF 1.8) Pub Date : 2023-11-03 Ron van der Horst
In response to the Russian invasion of Ukraine on 22 February 2022, the European Union (EU) and states such as Canada, Japan, Switzerland, the United Kingdom and the United States of America froze assets of the Russian central bank held in their jurisdictions. The sanctions fit in a longer pattern of states freezing assets of foreign central banks, which has been criticized by several states to be
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Legal: The Freezing of the Russian Central Bank’s Assets Eur. J. Int. Law (IF 1.8) Pub Date : 2023-11-03 Anton Moiseienko
The freezing of the Russian Central Bank’s (CBR) foreign currency reserves in the aftermath of Russia’s full-scale invasion of Ukraine has been unparalleled in terms of the amounts involved and the swiftness of its international coordination. Despite the scepticism in some quarters of unilateral sanctions writ large, the key issue under international law is the compatibility of such measures with state
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Judicial Independence and Impartiality: Tenure Changes at the European Court of Human Rights Eur. J. Int. Law (IF 1.8) Pub Date : 2023-08-25 Helga Molbæk-Steensig, Alexandre Quemy
Judges should be impartial and independent, judging based solely on the law. Current constitutional literature suggests an important factor in securing this may be the length of tenure. The assumption is that judges with non-renewable terms are more independent than judges with renewable terms since they do not have to worry about reappointment, but proving this assumption empirically is not straightforward
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In Defence of Future Generations: A Reply to Stephen Humphreys Eur. J. Int. Law (IF 1.8) Pub Date : 2023-08-03 Margaretha Wewerinke-Singh, Ayan Garg, Shubhangi Agarwalla
In this reply to Stephen Humphreys, we challenge the dismissal of future generations as a locus of responsibility for present generations. Drawing from diverse sources such as indigenous law, environmental jurisprudence and practice, we demonstrate that global discourse on intergenerationality is broader and more nuanced than Humphreys suggests. Our response highlights the importance of incorporating
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Between Asylum and Liberation: The New Palestinian Refugees Eur. J. Int. Law (IF 1.8) Pub Date : 2023-06-21 Itamar Mann
Contemporary Palestinian asylum seekers raise fundamental questions regarding the relationship between the institution of asylum and struggles for national liberation. Underlying the legal framework that applies to them is an assumption of inverse correlation: the more Palestinians obtain access to individual asylum claims, the less secure are the fundamental Palestinian claims of self-determination
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The Future in the Past? The Replication of Existing Treaty Language in the Making of the ILC’s Draft Articles on Crimes against Humanity Eur. J. Int. Law (IF 1.8) Pub Date : 2023-06-09 Bruno Biazatti
Treaty-making often occurs through the reuse of existing legal solutions. Instead of creating new language, drafters often replicate past treaty wording in the instrument under negotiation. The Draft Articles on Prevention and Punishment of Crimes against Humanity (DACaH), formulated by the International Law Commission (ILC or the Commission), were an example. This article evaluates the ILC’s reliance
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Small Powers, International Organizations and the Role of Law: Jorge Castañeda’s Views from Mexico Eur. J. Int. Law (IF 1.8) Pub Date : 2023-06-09 Francisco-José Quintana
This article examines the work of Mexican diplomat and jurist Jorge Castañeda as an insight into the trajectory of international legal thought in the semi-periphery on international organizations. It argues that Castañeda adopted a distinct approach to international organizations law that foregrounds power asymmetries. The article considers three interventions made by Castañeda that express this semi-peripheral
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Foreign Investors of the World, Unite! The International Association for the Promotion and Protection of Private Foreign Investments (APPI) 1958–1968 Eur. J. Int. Law (IF 1.8) Pub Date : 2023-06-09 Filip Batselé
This article studies lobbying efforts by the actors that investment treaties protect – namely, foreign investors. It uses a legal-historical approach to analyse the activities of the International Association for the Promotion and Protection of Private Foreign Investments (Association internationale pour la promotion et la protection des investissements privés en territoires étrangers or APPI), a transnational
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Samuel Kwadwo Boaten Asante and the United Nations Centre on Transnational Corporations (1975–1992) Eur. J. Int. Law (IF 1.8) Pub Date : 2023-06-09 Kehinde Folake Olaoye
This article uses Samuel Kwadwo Boaten Asante’s career at the United Nations Centre on Transnational Corporations (UNCTC) as a prism for examining the place of Third World Approaches to International Law within mainstream international organizations (IO) law. By focusing on his role as chief legal adviser, director and highest-ranking legal civil servant at the UNCTC during the heydays of the New International
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Wars of Recovery Eur. J. Int. Law (IF 1.8) Pub Date : 2023-06-09 Eliav Lieblich
Aggressor state A occupies territory belonging to victim state V. After decades, V decides to go to war to recover its territory, although hostilities have long subsided. Are such ‘wars of recovery’ lawful under international law? Should they be? Recent conflicts have generated a heated scholarly debate on this question, which has ended in stark disagreement. A permissive approach argues that wars
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Can Acta Jure Gestionis Be Attributable to the State? A Restrictive Doctrine of State Responsibility Eur. J. Int. Law (IF 1.8) Pub Date : 2023-05-19 Yohei Okada
The distinction between acta jure imperii and jure gestionis, while playing a pivotal role in the law of state immunity, appears alien to the law of state responsibility. However, recent practice has shown conceptual overlaps between these different areas of international law. The sovereign/commercial dichotomy has informed the attribution of parastatal entities’ conduct to a state under Article 5
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Rethinking International Law: A TWAIL Retrospective Eur. J. Int. Law (IF 1.8) Pub Date : 2023-05-17 Antony Anghie
This EJIL Foreword is a personal retrospective of the Third World Approaches to International Law (TWAIL) movement. It provides an account of the origins of TWAIL and the political and intellectual context in which it emerged during the 1990s. It outlines some of the key themes and concerns of TWAIL – including ‘colonial continuities’, ‘capitalism, imperialism and political economy’, and ‘TWAIL and
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'That Little Book': R.Y. Jennings, The Acquisition of Territory in International Law Eur. J. Int. Law (IF 1.8) Pub Date : 2023-05-12 Cait Storr
The Acquisition of Territory in International Law has been an indispensable work in the field for 60 years. It remains so, if for shifting reasons. Robert Jennings’ treatment of the applicable law is so succinct, and his bald statements of fact as to the nature of international law so unapologetic, that the text will invariably reward close re-reading by international lawyers of all persuasions. Acquisition
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Deformalizing International Organizations Law: The Risk Appetite of Anne-Marie Leroy Eur. J. Int. Law (IF 1.8) Pub Date : 2023-04-29 Dimitri Van Den Meerssche
Taking on this Symposium’s invitation to rethink international organizations law by focusing on scholars and practitioners outside the mainstream, this article explores and evaluates the legacy of Anne-Marie Leroy, the World Bank General Counsel from 2009 to 2016. In her attempt to trade the formal, rigid language of law for the deformalized routine of risk management – described as a ‘paradigm shift’
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The Quest for International Legal Status: On Finn Seyersted and the Challenges of Theorizing International Organizations Law Eur. J. Int. Law (IF 1.8) Pub Date : 2023-04-04 Fernando Lusa Bordin
After so many decades since the emergence of international organizations, the question of their international legal status – the terms on which they participate in the international legal system – remains the subject of debate. Among all the scholars that have contributed to this debate, Finn Seyersted stands out for having offered a forward-looking, sophisticated and uncompromising account of what
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A Fresh Look at the 2005 Commission v. United Kingdom Judgment in Light of the Euratom Treaty’s Drafting History Eur. J. Int. Law (IF 1.8) Pub Date : 2023-03-01 Sarah Lattanzi
This article provides a new example of a ‘fresh look at an old case’. It examines the 2005 Commission v. United Kingdom case in light of a study conducted using the Historical Archives of the European Union. The historical holdings contain many travaux préparatoires of the Treaty Establishing the European Atomic Community. These documents can be very useful for reconstructing the drafting history
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Israeli Courts and the Paradox of International Human Rights Law Eur. J. Int. Law (IF 1.8) Pub Date : 2023-02-02 Natalie R Davidson, Tamar Hostovsky Brandes
This article offers the first comprehensive mapping of the place of international human rights law (IHRL) in Israeli case law. It explores how Israeli courts use IHRL, based on quantitative and qualitative content analysis of all decisions, in all courts, referring to IHRL between 1990 and 2019. It reveals that Israeli courts mobilize IHRL predominantly with respect to children’s rights and due process
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Against Future Generations Eur. J. Int. Law (IF 1.8) Pub Date : 2023-01-28 Stephen Humphreys
Future generations are invoked in the United Nations Framework Convention on Climate Change, and increasingly often in climate debate, as a locus of responsibility for present generations. In this article, I argue against this framing. I look at the historical context and rhetorical effects of a generational frame for both present and future generations, dwelling in particular on guiding conceptions
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International Investment Protection Made in Germany? On the Domestic and Foreign Policy Dynamics behind the First BITs Eur. J. Int. Law (IF 1.8) Pub Date : 2022-11-26 Ingo Venzke, Philipp Günther
The investment protection treaty concluded between Germany and Pakistan in 1959 is generally regarded as a milestone in the development of international investment law. It has entered the collective memory as the first bilateral investment treaty (BIT). In this article, we analyse archival sources to investigate why Germany and Pakistan concluded this agreement at that specific time and what makes
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WTO Rulings and the Veil of Anonymity Eur. J. Int. Law (IF 1.8) Pub Date : 2022-08-04 Joost Pauwelyn, Krzysztof Pelc
Despite a general push for greater transparency, opacity continues to play an important function in international tribunals. The World Trade Organization (WTO) is a case in point. While it has done much to increase its openness, the very design of its dispute settlement body is premised on anonymity in some essential respects. We examine two such instances, each dealing with the authorship of dispute
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Are the Fingerprints of WTO Staff on Panel Rulings a Problem? A Reply to Joost Pauwelyn and Krzysztof Pelc Eur. J. Int. Law (IF 1.8) Pub Date : 2022-08-04 Armin Steinbach
By employing stylometric data analysis, Joost Pauwelyn and Krzysztof Pelc underpin the narrative of a power-mongering World Trade Organization (WTO) Secretariat. As ‘holder of the pen’ in writing WTO rulings, the Secretariat would absorb control over WTO adjudicators and the dispute settlement procedure. This reply disagrees. First, with stylometric analysis informing style rather than substance, this
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International Law and the Rage against Scienticism Eur. J. Int. Law (IF 1.8) Pub Date : 2022-08-03 Jean d’Aspremont
In international legal thought and practice, anything that is related to the real or is grounded in the real is given discursive primacy. This discursive primacy is the manifestation of a common scientistic hierarchy of discourses inherited from Modernity that accords primacy to discourses about the real and grounded in the real. Anne Orford’s International Law and the Politics of History can be read
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The Legal Effects of the New Presidential System on Turkey’s Treaty-Making Practice Eur. J. Int. Law (IF 1.8) Pub Date : 2022-07-21 Ceren Zeynep Pirim
Turkey has always assigned important powers to the legislature, establishing a strong parliamentary tradition. This also applies to the treaty-making process of the state. However, in 2017, the governmental structure was changed from a parliamentary system into a presidential one. This article examines the implications of this transformation on national rules concerning the ratification/termination
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Jura Novit Curia and the European Court of Human Rights Eur. J. Int. Law (IF 1.8) Pub Date : 2022-07-21 Mathias Möschel
This article provides the first in-depth analysis of the European Court of Human Rights’ treatment of the jura novit curia principle. It explains how and why it has been used more frequently over the past 10 years, provides a classification of the case law and critically analyses the existing legal issues and debates that have emerged from the jurisprudence and doctrine. In particular, the 2018 Grand
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Not That Assertive: The EU’s Take on Enforcement of Labour Obligations in Its Free Trade Agreement with South Korea Eur. J. Int. Law (IF 1.8) Pub Date : 2022-07-21 Aleydis Nissen
In 2011, the European Union (EU) concluded the first of a ‘new generation’ of free trade agreements that contained a separate chapter with obligations relating to ‘trade and sustainable development’ (TSD) issues. This was the Free Trade Agreement with the Republic of Korea. The EU formally initiated its first TSD complaint, under this agreement, in 2018. This labour complaint came after a non-paper
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Jurisdiction Unbound: (Extra)territorial Regulation as Global Governance Eur. J. Int. Law (IF 1.8) Pub Date : 2022-07-21 Nico Krisch
The international law of jurisdiction is faced with far-reaching changes in the context of a globalizing world, but its general orientation, centred on territoriality as the guiding principle, has remained stable for a long time. This article traces how, in contrast to the prevailing rhetoric of continuity, core categories of jurisdiction have been transformed in recent decades in such a way as to
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Cooperative National Regulation to Secure Transnational Public Goods: A Reply to Nico Krisch Eur. J. Int. Law (IF 1.8) Pub Date : 2022-07-21 Roger O’Keefe
There is no doubt, as vividly highlighted in Nico Krisch’s ‘Jurisdiction Unbound: (Extra)territorial Regulation as Global Governance’, that in certain sectors some economically weighty states seek to take advantage of the international law of jurisdiction with a view to determining unilaterally how particular transnational economic activities are conducted. This same law, however, particularly the
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Strategic Litigation before the International Court of Justice: Evaluating Impact in the Campaign for Rohingya Rights Eur. J. Int. Law (IF 1.8) Pub Date : 2022-07-08 Michael Ramsden
Strategic litigation, a form of litigation brought with the goal to stimulate structural change, is a growing practice in international courts. Although there has been increased scholarly attention on these trends, it has yet to consider the impact arising from strategic litigation before the International Court of Justice (ICJ). This article outlines a basic structure to evaluate the impact of ICJ
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Trade Defence Instruments: A New Tool for the European Union’s Extractivism Eur. J. Int. Law (IF 1.8) Pub Date : 2022-07-08 Victor Crochet
The European Union (EU) is regularly criticized for using its trade policies to arm-twist other countries into agreeing to supply European factories with raw materials. One area of its trade policy, however, has thus far escaped attention in this regard: trade defence. This should change as the EU increasingly uses trade defence instruments not only to address unfair trade practices but also to seek
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Behavioural Economics and ISDS Reform: A Response to Marceddu and Ortolani Eur. J. Int. Law (IF 1.8) Pub Date : 2022-07-08 Thomas D Grant, F Scott Kieff
Academic investigators have used behavioural economics, a method developed originally to study consumers and their sentiments towards products, to study matters of public policy. A recent article in the European Journal of International Law – ‘What Is Wrong with Investment Arbitration? Evidence from a Set of Behavioural Experiments’ – gives a detailed summary of a series of experiments performed in
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Infecting the Mind: Establishing Responsibility for Transboundary Disinformation Eur. J. Int. Law (IF 1.8) Pub Date : 2022-07-07 Henning Lahmann
This article examines the legal issues concerning the establishment of responsibility for an internationally wrongful act in the context of transboundary disinformation. In light of the unprecedented surge of potentially dangerous health disinformation throughout the COVID-19 pandemic, there is growing consensus among academics and states that influence campaigns that utilize false or misleading information
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Intergovernmental Yet Dynamically Expansive: Concordance Legalization as an Alternative Regional Trading Arrangement in ASEAN and Beyond Eur. J. Int. Law (IF 1.8) Pub Date : 2022-07-07 Hsien-Li Tan
The conventional regional trading arrangement landscape holds two primary models. One is the ‘dynamically expansive supranational model’ of the European Union (EU) that progressively enlarges its community beyond the constituent treaty through its evolving laws and institutions. The other is the ‘static intergovernmental model’ of the United States-Mexico-Canada Agreement (USMCA) where members strictly
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Taylor St John, Review of Nicolás Perrone, Investment Treaties and the Legal Imagination: How Foreign Investors Play by Their Own Rules Eur. J. Int. Law (IF 1.8) Pub Date : 2022-02-17 St John T.
PerroneNicolás. Investment Treaties and the Legal Imagination: How Foreign Investors Play by Their Own Rules.Oxford: Oxford University Press, 2021. Pp. 272. £80. ISBN: 9780198862147.
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The 16th Annual Conference of the European Society of International Law: Welcome Remarks Eur. J. Int. Law (IF 1.8) Pub Date : 2022-02-04 Wrange P.
Your Royal Highness, Friends, colleagues, conference participants,
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Of Doubts and Confusions Eur. J. Int. Law (IF 1.8) Pub Date : 2022-02-04 Le Boeuf R.
The present report intends to sketch an impressionistic view of the 16th Annual Conference of the European Society of International Law, held in Stockholm in September 2021. Such an impression is inherently personal, and the picture painted might have more to do with the mind of the author than that of the audience. The depiction is, furthermore, betrayed by an already vanishing memory. The report
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Mary Ellen O’Connell, Review of Chiara Redaelli, Intervention in Civil Wars: Effectiveness, Legitimacy, and Human Rights Eur. J. Int. Law (IF 1.8) Pub Date : 2022-02-04 O’Connell M.
RedaelliChiara. Intervention in Civil Wars: Effectiveness, Legitimacy, and Human Rights. Oxford: Hart Publishing, 2021. Pp. 344. £85. ISBN: 9781509940547.
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Not Just Sea Turtles, Let’s Protect Women Too: Invoking Public Morality Exception or Negotiating a New Gender Exception in Trade Agreements? Eur. J. Int. Law (IF 1.8) Pub Date : 2022-01-27 Amrita Bahri, Daria Boklan
The most common provisions we find in almost all multilateral, regional and bilateral trade agreements are the exception clauses that allow countries to protect public morals, humans, animals or plant health and life and conserve exhaustible natural resources. If countries can allow trade-restrictive measures that aim to protect these non-economic interests, is it possible to negotiate a specific exception
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A Transatlantic Symposium on the Restatement (Fourth) Eur. J. Int. Law (IF 1.8) Pub Date : 2022-01-22 Nouwen S, Tams C, Weiler J.
To a beginning lawyer trained outside the USA, it can be a memorable moment of curiosity: what is that thing that US-based authors or US courts cite as if it were part of the canon of legal holy books: what is a ‘restatement’?11 Moreover, what is ‘foreign relations law’ and how does it relate to international law? Even if these questions linger on, one quickly learns that the Restatement of the Law:
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Justin Lindeboom, Review of Pavlos Eleftheriadis, A Union of Peoples: Europe as a Community of Principle Eur. J. Int. Law (IF 1.8) Pub Date : 2022-01-21 Lindeboom J.
EleftheriadisPavlos. A Union of Peoples: Europe as a Community of Principle. Oxford: Oxford University Press, 2020. Pp. 304. £84. ISBN: 9780198854173.
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Ioannis Kampourakis, Review of Stefano Ponte, Business, Power and Sustainability in a World of Global Value Chains Eur. J. Int. Law (IF 1.8) Pub Date : 2022-01-21 Kampourakis I.
StefanoPonte. Business, Power and Sustainability in a World of Global Value Chains.London: Zed Books, 2019. Pp. 273. £19.99. ISBN: 9781786992604.
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Editorial: Brexit, the Irish Protocol and the ‘Versailles Effect’; In This Issue; In This Issue – ReviewsBrexit, the Irish Protocol and the ‘Versailles Effect’ Eur. J. Int. Law (IF 1.8) Pub Date : 2021-11-22
What does the Treaty of Versailles have to do with Brexit, you may be asking yourself? Quite a lot, I would like to suggest.
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When Should International Courts Intervene? How Populism, Democratic Decay and Crisis of Liberal Internationalism Complicate Things Eur. J. Int. Law (IF 1.8) Pub Date : 2021-12-20 Jan Petrov
Shai Dothan’s book International Judicial Review aims to refute criticism which stresses international courts’ (ICs) lack of legitimacy, epistemic inferiority, suffocation of public deliberation, susceptibility to capture and production of bad outcomes. This essay argues, however, that there is an important line of criticism of ICs stemming from a profounder disagreement with the post-Cold War international
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Legal: Use of Force in Self-Defence to Recover Occupied Territory Eur. J. Int. Law (IF 1.8) Pub Date : 2021-12-15 Dapo Akande, Antonios Tzanakopoulos
This article argues that, in certain circumstances, it is legal for a state to use force in self-defence in order to recover territory unlawfully occupied by another state as a result of an armed attack. Where occupation follows from an unlawful armed attack, the occupation is a continuing armed attack, and the attacked state does not lose its right to self-defence simply because of passage of time