This Article analyzes the role of Latin American international economic law scholarship within the global economic order. Many of the problems that Latin Americans face today relate to the global economy, such as labor conditions, access to medicine, and the use of natural resources, among others. The discussion of these problems, however, seldom recognizes the role of international economic law scholarship. Although the knowledge created by this scholarship may not completely explain why States actively behave in a certain way, it can serve to explain why they may refrain from certain actions. This Article argues that scholarship on international economic law plays a crucial role in the creation and reproduction of the current global economic order. If this claim is correct, regional scholarship can do more for Latin America than serving the advisory and litigation needs of States. By recognizing its role in constituting the global economic order, international economic law scholarship can promote alternative theories and practices that may help Latin America and its people find their place in the global economy.
Saturday, January 2, 2021
Perrone: Imagining Alternatives? Latin American Scholarship on International Economic Law and the Global Economic Order
Nicolás M. Perrone (Universidad Andrés Bello - Law) has published Imagining Alternatives? Latin American Scholarship on International Economic Law and the Global Economic Order (Chicanx-Latinx Law Review, Vol. 37, no. 1, pp. 83-108, 2020). Here's the abstract:
Friday, January 1, 2021
Conference: The Future of Global Healthcare Governance
On January 25, 2021, the The Dean Rusk International Law Center and the Georgia Journal of International and Comparative Law at the University of Georgia School of Law will host an online conference on "The Future of Global Healthcare Governance." Program and registration information are here.
Thursday, December 31, 2020
New Issue: Questions of International Law
- Clarifying freedom of navigation through straits used for international navigation: A study on the major straits in Asia
- Introduced by Andrea Caligiuri
- Giuseppe Cataldi, The Strait of Hormuz
- Keyuan Zou, Navigation through the straits in East Asia
- Mariko Kawano, Transit Passage through the Malacca and Singapore Straits
Wednesday, December 30, 2020
New Issue: Journal of the History of International Law / Revue d'histoire du droit international
The latest issue of the Journal of the History of International Law / Revue d'histoire du droit international (Vol. 22, no. 4, 2020) is out. Contents include:- Nicholas Mulder, ‘A Retrograde Tendency’: The Expropriation of German Property in the Versailles Treaty
- Amy Russell, The Economic World of the populus Romanus
- Hans Blom & Mark Somos, Public-Private Concord through Divided Sovereignty: Reframing societas for International Law
Imseis: State of Exception: Critical Reflections on the Amici Curiae Observations and Other Communications of States Parties to the Rome Statute in the Palestine Situation
Ardi Imseis (Queen's Univ. - Law) has posted State of Exception: Critical Reflections on the Amici Curiae Observations and Other Communications of States Parties to the Rome Statute in the Palestine Situation (Journal of International Criminal Justice, forthcoming). Here's the abstract:
In December 2019, the Prosecutor of the International Criminal Court concluded her preliminary examination into the situation in Palestine, determining there is a reasonable basis to initiate an investigation into the situation. Instead of doing so, she first decided to seek a ruling from the Pre-Trial Chamber on the scope of the Court’s territorial jurisdiction, specifically aimed at confirming her view that the ‘territory’ over which the Court may exercise its jurisdiction comprises the Occupied Palestinian Territory (OPT). This article focuses on the amici curiae observations and other communications made by eight states parties in the proceedings — Australia, Austria, Brazil, Canada, Czech Republic, Germany, Hungary and Uganda. A critical examination of these observations and communications reveals that they did not answer the question posed by the OTP, but rather advanced a number of strained arguments aimed, inter alia, at impugning the very notion that the Court has any jurisdiction at all on the basis that Palestine is not a state. When juxtaposed against the ostensible commitment of these states parties to the object and purpose of the Statute, their observations and other communications reveal a conspicuous hypocrisy. If accepted by the Court, these observations and communications would operate to not only affirm the continued contingency of the state of Palestine on the international plane, but, even worse, to shield persons known to have committed or be committing crimes of the gravest concern to the international community with impunity.
Becker & Wheatley: Remaking Central Europe: The League of Nations and the Former Habsburg Lands
Over the last two decades, the "new international order" of 1919 has grown into an expansive new area of research across multiple disciplines. With the League of Nations at its heart, the interwar settlement's innovations in international organizations, international law, and many other areas shaped the world we know today.
This book presents the first study of the relationship between this new international order and the new regional order in Central and Eastern Europe after the collapse of the Habsburg empire. An analysis of the co-implication of these two orders is grounded in four key scholarly interventions: understanding the legacies of empire in international organizations; examining regionalism in the work of interwar international institutions; creating an integrated history of the interwar order in Europe; and testing recent claims of the conceptual connection between nationalism and internationalism.
With chapters covering international health, international financial oversight, human trafficking, minority rights, scientific networks, technical expertise, passports, commercial treaties, borders and citizenship, and international policing, this book pioneers a regional approach to international order, and explores the origins of today's global governance in the wake of imperial collapse.
New Issue: Revista Iberoamericana de Derecho Internacional y de la Integración
Tuesday, December 29, 2020
New Issue: Zeitschrift für ausländisches öffentliches Recht und Völkerrecht
The latest issue of the Zeitschrift für ausländisches öffentliches Recht und Völkerrecht (Vol. 80, no. 4, 2020) is out. Contents include:- Comment
- Michael Ioannidis, Between Responsibility and Solidarity: COVID-19 and the Future of the European Economic Order
- Abhandlungen
- Leonhard Kreuzer & Erik Tuchtfeld, Special Focus: Three Perspectives on the Implications of the GDPR for International Law
- Stephan Koloß, The GDPR’s Extra-Territorial Scope
- Roxana Vatanparast, Designed to Serve Mankind? The Politics of the GDPR as a Global Standard and the Limits of Privacy
- Christian Djeffal, The Normative Potential of the European Rule on Automated Decisions: A New Reading for Art. 22 GDPR
- Florian Kriener, Gewaltfreie Protestbewegungen als Legitimitätsquelle? Eine Replik
- Jesús María Casal Hernández, The Constitutional Chamber and the Erosion of Democracy in Venezuela
- Attila Vincze, Die Interpretationsregeln des ungarischen Grundgesetzes: zwischen Konvention, Tradition und Voluntarismus
- Daniel Thym, Menschenrechtliche Trendwende?
New Issue: Journal of World Trade
The latest issue of the Journal of World Trade (Vol. 54, no. 6, 2020) is out. Contents include:- Wolfgang Weiß, Adjudicating Security Exceptions in WTO Law: Methodical and Procedural Preliminaries
- Siqi Li & Xinquan Tu, Reforming WTO Subsidy Rules: Past Experiences and Prospects
- Gabriel Gari, China’s Preferential Treatment on Trade in Services: Is the Sleeping Dragon About to Wake Up?
- Alessandra Moroni, Bregt Natens, & Arnoud Willems, Hurdles to Litigating Trade Defence Measures Before the EU Courts
- Ronald Eberhard Tundang, US–China Trade War An Impetus for New Norms on Technology Transfer
- Dukgeun Ahn & Hyerim Kim, Judicial Conflicts between Panels and the Appellate Body in the WTO Safeguard Jurisprudence
- Weizhan Meng & Xinkai Zeng, How Should China Respond to Trump’s New Round of Trade War? An Unprecedented Debate Among Chinese IR Scholars
Monday, December 28, 2020
Appel à contributions: Demi-journées des jeunes chercheurs : «Le trafic de migrants en droit international» et «Exilés de guerre et droit international»
Dans le cadre du colloque annuel de la SFDI 2021, organisé en partenariat avec le Projet RefWar qui aura pour thème « Migrations et droit international » (4-5 novembre 2021, UVSQ / Musée de l’Histoire de l’Immigration, Paris), le Réseau des jeunes chercheurs de la SFDI organise cette année deux demi-journées ouvertes aux jeunes chercheurs pour venir échanger et débattre sous la présidence d’un professeur de droit international sur des thèmes en lien avec le colloque annuel. La première de ces demi-journées sera organisée en ligne le 3 juin 2021 après-midi et sera présidée par la professeure Bérangère Taxil. Elle aura pour thème : « Le trafic de migrants en droit international ». La seconde de ces demi-journées se déroulera également en ligne le 10 juin 2021 et sera présidée par le professeur Julian Fernandez. Elle aura pour thème : « Exilés de guerre et droit international ». Appel à contributions Demi-journées du Réseau des Jeunes Chercheurs SFDI 2021.
Sunday, December 27, 2020
Klopschinski, Gibson, & Grosse Ruse-Khan: The Protection of Intellectual Property Rights Under International Investment Law
In recent decades, foreign direct investment (FDI) has played an increasingly significant role in world economic activity and development. In economic terms, the accumulated stock of FDI and its generation of commercial activity by foreign affiliates have made FDI comparatively more important than international trade in goods and services. At the same time, the globalization of markets and the development of consumer brands in many domestic markets has brought an increasingly international approach to the management, and value, of intellectual property (IP) rights. IP Rights have therefore become increasingly enmeshed with international investment and the subject of transnational disputes as evidenced by cases that concern, inter alia, various limitations for trademarks used on tobacco packaging, or the invalidation of pharmaceutical patents by domestic courts. FDI is increasingly involved with the exploitation of IP which underpins highly valued products and services and this has shifted the balance of return on FDI from physical to intellectual property. Thus, IP rights have never been more economically and politically important or controversial than they are today.
There have long been international treaties that protect IP, but in recent years other international treaties have come into being that protect IP rights along with other property rights. These treaties include various international investment agreements (IIAs), which regard IP rights as a protected investment.
This book analyses the standards of treatment and protection enshrined in IIAs for IP rights and their relationship to the key international treaties in IP Rights, with reference to topics such as the fragmentation of international law; investor-host-state dispute resolution; investors and investments; relative standards of treatment (such as most favoured nation); absolute standards of treatment (such as fair and equitable treatment); and expropriation.
The work fills the significant gaps left by the comparably small amount of intellectual property related ISDS case-law. As IP Rights are a more recent concern in FDI, many questions regarding the relevance of IIA for IP rights are yet to be decided by investment tribunals. To assist the practitioner in understanding how IP Rights will be treated in investment disputes, the work sets out a number of hypothetical cases based on actual cases decided by other adjudicating bodies in different legal contexts, such the European Court of Human Rights or the European Court of Justice and the work also engages with the issues and applicable law for disputes involving IP Rights arising from the actions relating to Philip Morris trademarks in Australia and Uruguay, and Eli Lilly.
New Issue: Transnational Legal Theory
- Chiara Macchi, With trade comes responsibility: the external reach of the EU’s fundamental rights obligations
- Bryane Michael, Say-Hak Goo & Svitlana Osaulenko, The extra-territorial application of corporate governance standards in China
- Matthew Clare, ‘We Have Voices But We Can’t Really Speak’: transnational privatisation and (de)juridification of women’s employment in global export manufacturing—a case study of Hansae Vietnam Co Ltd
- Nofar Sheffi, We accept: the constitution of Airbnb
- Giulio Calcara, A transnational police network co-operating up to the limits of the law: examination of the origin of INTERPOL
- Mutaz M. Qafisheh, Clinicalism: an emerging theory in legal pedagogy
Saturday, December 26, 2020
Heffes & Somer: Inviting non-state armed groups to the table: Inclusive strategies towards a more fit for purpose international humanitarian law
Ezequiel Heffes (Geneva Call) & Jonathan Somer (Danish Red Cross) have posted Inviting non-state armed groups to the table: Inclusive strategies towards a more fit for purpose international humanitarian law. Here's the abstract:
Millions around the globe are affected by the actions of non-state armed groups (NSAGs). Like states, NSAGs are bound by international humanitarian law (IHL) and are addressed by other nonbinding normative standards aimed at mitigating the harmful effects of armed conflict. Although a consensus is emerging on the importance of engaging NSAGs on these rules, they have not been included as participants in the processes that lead to rule development.
NSAGs participation in such normative processes is important for two main reasons, despite concerns of ‘legitimisation’. First, a self-regulatory compliance system such as IHL can only be fit for purpose if it is based on an understanding of the perspectives of the actors it regulates and the realities they face. Second, decades of experience and some evidence underscore that a sense of ownership of norms can be an important factor in securing NSAGs’ compliance.
This Brief proposes a strategic model aimed at the progressive inclusion of NSAGs in humanitarian norm development processes. At the very least, processes should consult NSAGs. Outcome documents, where appropriate, should not just address ‘states’, but ‘parties to the conflict’ (or similar) so that they can be endorsed by NSAGs. The model addresses potential sources of state opposition or apprehension and encourages the international community to find new ways of approaching these tensions and dilemmas.
New Issue: INTER – Revista de Direito Internacional e Direitos Humanos da UFRJ
- Gustavo Silveira Borges & Alfa Oumar Diallo, A filosofia africana do ubuntu e os direitos humanos
- Sâmela Pinto Brum Curtinovi & Aline Andrighetto, Atuação do estado brasileiro para com os refugiados e o conflito entre a normativa internacional e brasileira
- Cássio Eduardo Zen, Desafios do direito criminal internacional entre realpolitik e normatividade
- Renata Rodrigues Marmol & Lucas de Alvarenga Gontijo, Diferença e risco: ensaio sobre encriptação do poder, racismo de estado e construção de subjetivações nas sociedades contemporâneas
- Alberto Manuel Poletti, Em direção a uma nova definição de cooperação penal internacional: da simples assistência à luta contra a impunidade
- Isabelle Cristina Moura de Lima & Bernardo Silva de Seixas, O estado democrático de direito e a operação acolhida: análise acerca do acolhimento dos refugiados venezuelanos no estado de roraima
- André Luiz Vieira Vieira, Pacifismo e guerra no pensamento político internacional e a construção de um direito humano e fundamental à paz
- Antonio Guimaraes Brito, Pensamento complexo na sociedade de risco e povos indígenas
- Juan Manuel Indacochea, Segurança e saúde no trabalho como direito humano fundamental
Correa, Furuya, & Sandoval: Reparation for Victims of Armed Conflict
Are victims of armed conflict entitled to reparation, which legal rules govern the question, and how can reparation be implemented? These key questions of transitional justice are examined by three scholars whose professional, theoretical, and methodological backgrounds and outlooks differ greatly. They discuss how regional human rights case law, international criminal law, the practice of ad hoc international bodies, and domestic practice give rise to a right to reparation. This right emerges out of the interplay between international and domestic law. The problems of mass claims, fragile statehood, and the high risk of marginalisation of particular groups of victims are addressed. The analysis is alert to the current backlash against international legal institutions, and to the practical constraints in making post-conflict law work. The multiperspectivism of the trialogical setting exposes the divergence and complementarity of the authors' approaches and leads to a richer understanding of the law of reparation.
New Volume: Yearbook of Polar Law
The latest volume of the Yearbook of Polar Law (Vol. 12, 2020) is out. Contents include:
- Guy Green, Celebration of 60th Anniversary of Adoption of the Antarctic Treaty
- Marie Jacobsson, The Fundamental Principles of Polar Law
- David Leary, Blue Ice, Meteorites, Fossil Penguins and Rare Minerals: The Case for Enhanced Protection of Antarctica’s Unique Geoheritage – An International Legal Analysis
- Katharina Heinrich, Biological Prospecting in Antarctica – A Solution-Based Approach to Regulating the Collection and Use of Antarctic Marine Biodiversity by Taking the BBNJ Process into Account
- Osamu Inagaki, Legal Issues concerning DROMLAN under the Antarctic Treaty System
- Sakiko Hataya, Legal Implications of China’s Proposal for an Antarctic Specially Managed Area (ASMA) at Kunlun Station at Dome A
- Trevor Daya-Winterbottom, An Overview of the Antarctic Treaty System and Applicable New Zealand Law
- Xueping Li, The Déjà vu System of International Trusteeship in Continental Antarctica: A Textual Analysis
- Lynda Goldsworthy, Finding the ‘Conservation’ in the Convention on the Conservation of Antarctic Marine Living Resources
- Denzil Miller & Elise Murray, Compliance Evaluation and Sustainable Resource Management in the CCAMLR
- Alan D. Hemmings, Challenges to Substantive Demilitarisation in the Antarctic Treaty Area
- Timo Koivurova, Lessons from the Finland’s Chairmanship of the Arctic Council: What Will Happen with the Arctic Council and in General Arctic Governance
- Andrew Serdy, The Long Grass at the North Pole
- Jan Jakub Solski, New Russian Legislative Approaches and Navigational Rights within the Northern Sea Route
- Barry S. Zellen, Global Co-management and the Emergent Arctic: Opportunities for Engagement and Collaboration between Arctic States, Indigenous Permanent Participants, and Observers on the Arctic Council
- Jóhann Sigurjónsson, Some Icelandic Perspectives on the Agreement to Prevent Unregulated High Seas Fisheries in the Central Arctic Ocean
- Hema Nadarajah, Prevalence of Soft Law in the Arctic
- Rachael Lorna Johnstone, From the Indian Ocean to the Arctic: What the Chagos Archipelago Advisory Opinion Tells Us about Greenland
- Romain Chuffart, Sakiko Hataya, Osamu Inagaki, & Lindsay Arthur, Assessing Japan’s Arctic Engagement during the ArCS Project (2015–2020)
- Johnny Grøneng Aase, Henrik Hyndøy, Agnar Tveten, Ingrid Hjulstad Johansen, Hege Imsen, Eirik Veum Wilhelmsen, Trude Duelien Skorge, Alfred Ingvar Halstensen, Arne Johan Ulven, & Jon Magnus Haga, The Polar Code and Telemedicine
- Anna Petrétei, Corporate Behaviour towards the Upholding of Human Rights – Exploring the Possibilities of Human Rights Impact Assessment in the Sápmi Region
- Yu Cao, Communities’ Reflections on Oil Companies’ Corporate Social Responsibility Activities in Utqiaġvik, Alaska
- Alexandra L. Carleton, Ethics of Observation in the Polar Regions
- Edythe E. Weeks, Lessons from International Space Law: The Role of International Relations in Governing Global Commons Regions
Friday, December 25, 2020
Bhandari: Human Rights and The Revision of Refugee Law
This book addresses the relationship between International Refugee Law and International Human Rights Law. Using international refugee law’s analytical turn to human rights as its object of inquiry, it represents a critical intervention into the revisionism that has led to conceptual fragmentation and restrictive practices.
Mainstream literature in refugee law reflects a mood of celebration, a narrative of progress which praises the discipline’s rescue from obsolescence. This is commonly ascribed to its repositioning alongside human rights law, its veritable rediscovery as an arm of this far greater edifice. By using human rights logic to construct the current legal paradigm and inform us of who qualifies as a refugee, this purportedly lent areas of conceptual uncertainty a set of objective, modern criteria and increased enfranchisement to new, non-traditional claimants.
The present work challenges this dominant position by finding the untold limits of its current paradigm. It stands alone in this orientation and hereby represents one of the most comprehensive, heterodox and structurally detailed reviews of this connection. The exploration of the gap between modern approaches and the unsatisfactory realities of seeking asylum forms the substance of this book. It asserts, by contrast, the existence of revolution rather than evolution. Human rights law has erased the founding tenets of the Refugee Convention, enabling powerful states to contain refugees in their region of origin.
Hansen-Magnusson & Vetterlein: The Rise of Responsibility in World Politics
The concept of responsibility has emerged as central to the study of international politics. This book explores the integral role of responsibility within the context of global crises such as the responsibility to address climate change, manage financial crises, and intervene with political conflicts. Vetterlein and Hansen-Magnusson address responsibility as a conceptual tool in its own right, existing at the intersection of accountability and legitimacy and spanning across governance sectors of the environment, business, and security. This practice-based approach to the study of responsibility maps similarities and difference across policy fields and reveals the diverse moral actors responsible for negotiating responsibility. The emergence of responsibility further implicates underlying moral values and policy-making within the context of global politics. The Rise of Responsibility in World Politics addresses not only individual agency, but also how questions of community play a role in broader negotiations around the meaning of responsibility.
Strong: Legal Reasoning Across Commercial Disputes: Comparing Judicial and Arbitral Analyses
This work provides important insights into how judges and arbitrators resolve complex commercial disputes in both national and international settings. The analysis is built from three major research sources which ensures that the analysis can bridge evidence of perception, behaviours, and outcomes amongst judges and arbitrators. A statistical survey provides a benchmark and point of comparison with the subjective statements arising from an extensive programme of interviews and questionnaires to provide an objective lens on the reasoning process that informs decisions and awards in practice.
The outcome, presented in Legal Reasoning across Commercial Disputes, is an evidence-based model of the determining factors in legal reasoning by identifying and quantifying approximately seventy-five objective markers for which data can be compared across the arbitral-judicial, domestic-international, and common law-civil law divides.
The methodology provides for a thorough and contextual assessment of legal reasoning by judges and arbitrators in commercial disputes. Legal Reasoning across Commercial Disputes investigates the level of sophistication and complexity associated with commercial arbitration relative to commercial litigation through domestic courts.
The study not only helps parties make more informed choices about where and how to resolve their legal disputes, it also assists judges and arbitrators in carrying out their duties by improving counsel's understanding about how to best to craft and present legal arguments and submissions. The study also addresses longstanding theoretical concerns about the legitimacy of national and international commercial arbitration by replacing assumptions and anecdotes with objective data.
The final part of the book draws together the various strands of analysis and concludes with a number of forward-looking proposals about how a deeper understanding of legal and judicial reasoning can be established to improve the quality of decisions and outcomes for all parties.
Special Issue: Grotius on the use of force: perfect, imperfect and civil wars
- Special Issue: Grotius on the use of force: perfect, imperfect and civil wars
- Randall Lesaffer, Grotius on the Use of Force: Perfect, Imperfect and Civil Wars. An Introduction
- Valentina Vadi, Perfect War: Alberico Gentili on the Use of Force and the Early Modern Law of Nations
- Camilla Boisen, Hugo Grotius, Declaration of War, and the International Moral Order
- Philippine Christina Van den Brande, ‘Remedium repraesaliarum’: The Medieval and Early Modern Practice and Theory of Reprisal within the Just War Doctrine
- Randall Lesaffer, Grotius on Reprisal
- Rotem Giladi, Corporate Belligerency and the Delegation Theory from Grotius to Westlake
- Dante Fedele, Grotius and Late Medieval Ius Commune on Rebellion and Civil War
- Raymond Kubben, A Prodigy Child of the Dutch Revolt: Immediate ‘Precursors’ to Grotius on Just Revolt
- Ville Kari, Hugo Grotius and the Classical Law of Civil War
Thursday, December 24, 2020
New Issue: Vanderbilt Journal of Transnational Law
The latest issue of the Vanderbilt Journal of Transnational Law (Vol. 53, no. 4, October 2020) is out. Contents include:- Justin Hughes, The Charming Betsy Canon, American Legal Doctrine, and the Global Rule of Law
- Alan K. Koh, Shareholder Protection in Close Corporations and the Curious Case of Japan: The Enigmatic Past and Present of Withdrawal in a Leading Economy
- Gil Lan, The "Poison Pill" in the USMCA: The Erosion of WTO Principles and Its Implications under a US-China Trade War
- Alan M. Sears, Algorithmic Speech and Freedom of Expression
New Volume: Baltic Yearbook of International Law
- Juha Raitio, The “Thick” Rule of Law and Mutual Trust in the European Union
- Thomas Hoffmann, The Impact of Digital Autonomous Tools on Private Autonomy
- Peter Rott, Powerful Private Players in the Digital Economy: Between Private Law Freedoms and the Constitutional Principle of Equality
- Juan Luis Manfredi Sánchez, Big Data and International Politics
- Éva Miskolczi-Bodnár, Big Data and Competition Policy in the European Union
- John M. Yun, Antitrust After Big Data
- Andris Tauriņš, Big Data Ownership: Do we Need a New Regulatory Framework?
- Ana Vlahek, Development of Consumer Collective Redress in the EU: a Light at the End of the Tunnel?
- Carlos Llorente, Consumer Protection in the EU Conflict-of-laws Framework
- Klemen Podobnik, Geo – blocking Regulation: Antitrust or Consumer Protection?
New Volume: Hague Yearbook of International Law
The latest volume of the Hague Yearbook of International Law (Vol. 30, 2017) is out. Contents include:- Georgios A. Serghides, The Principle of Effectiveness in the European Convention on Human Rights, in Particular its Relationship to the other Convention Principles
- Facundo M. Gómez Pulisich, L’analyse de la question de l’extinction des traités comme résultat de la survenance d’une nouvelle norme impérative (jus cogens superveniens)
- Donette Murray, Flawed and Unnecessary: the ‘Unwilling or Unable’ Doctrine Pertaining to States’ Use of Force in Self-Defence against Non-State Actors
- Yannick Weber, United Nations Security Council Resolutions and the European Court of Human Rights: Conflict or Systemic Integration? A Case Study of Switzerland
- Janja Hojnik, Individuals’ Right to Property under International Succession Law: Reimbursement of Bank Deposits after the Collapse of the SFR Yugoslavia
New Issue: Arbitration International
- Articles
- Michel Menjucq & Laurent Gouiffès, The grapes of dispute resolution: arbitration and wine
- Carlos Molina Esteban, Hybrid (institutional) arbitration clauses: party autonomy gone wild
- Mel Andrew Schwing, Don’t rage against the machine: why AI may be the cure for the ‘moral hazard’ of party appointments
- Case Notes
- Martina Magnarelli & Andreas R Ziegler, Irreconcilable perspectives like in an Escher’s drawing? Extension of an arbitration agreement to a non-signatory state and attribution of state entities’ conduct: privity of contract in Swiss and investment arbitral tribunals’ case law
- Soumyajit Saha & Smriti Shukla, Resurrecting the debate on ‘due process paranoia’ in Centrotrade: Paranoia or Judiciousness?
- Recent Developments
- Darius Chan & Claire Neoh, To boycott proceedings or not? Recourse against arbitral awards on jurisdictional grounds by different categories of respondents under the Model Law
- Riddhi Dhananjay Joshi & Shashikala Gurpur, The Silent Spring of Human Rights in Investment Arbitration: Jurisprudence Constante through Case-Law Trajectory
- Ibrahim Shehata, The extension of arbitration agreements to third parties through the lens of Egyptian courts
- Chitransh Vijayvergia & Pavan Belmannu, Exploring the prospects of host-state counterclaims in corruption disputes
- Kate Apostolova, Portigon v Spain: new frontiers for financial institutions in investor–state arbitration?
New Issue: Journal on the Use of Force and International Law
- Special Issue: Military Assistance on Request (Part 2)
- James A. Green, Introduction
- Federica I. Paddeu, Military assistance on request and general reasons against force: consent as a defence to the prohibition of force
- Agata Kleczkowska, The meaning of treaty authorisation and ad hoc consent for the legality of military assistance on request
- Laura Visser, Intervention by invitation and collective self-defence: two sides of the same coin?
- Patryk I. Labuda, UN Peacekeeping as intervention by invitation: host state consent and the use of force in Security Council-mandated stabilisation operations
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