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Publisher: Oxford University Press   (Total: 368 journals)

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Showing 1 - 200 of 368 Journals sorted alphabetically
Acta Biochimica et Biophysica Sinica     Hybrid Journal   (Followers: 6, SJR: 0.881, h-index: 38)
Adaptation     Hybrid Journal   (Followers: 8, SJR: 0.111, h-index: 4)
Aesthetic Surgery J.     Hybrid Journal   (Followers: 6, SJR: 1.538, h-index: 35)
African Affairs     Hybrid Journal   (Followers: 57, SJR: 1.512, h-index: 46)
Age and Ageing     Hybrid Journal   (Followers: 76, SJR: 1.611, h-index: 107)
Alcohol and Alcoholism     Hybrid Journal   (Followers: 14, SJR: 0.935, h-index: 80)
American Entomologist     Full-text available via subscription   (Followers: 5)
American Historical Review     Hybrid Journal   (Followers: 120, SJR: 0.652, h-index: 43)
American J. of Agricultural Economics     Hybrid Journal   (Followers: 41, SJR: 1.441, h-index: 77)
American J. of Epidemiology     Hybrid Journal   (Followers: 147, SJR: 3.047, h-index: 201)
American J. of Hypertension     Hybrid Journal   (Followers: 19, SJR: 1.397, h-index: 111)
American J. of Jurisprudence     Hybrid Journal   (Followers: 15)
American journal of legal history     Full-text available via subscription   (Followers: 4, SJR: 0.151, h-index: 7)
American Law and Economics Review     Hybrid Journal   (Followers: 26, SJR: 0.824, h-index: 23)
American Literary History     Hybrid Journal   (Followers: 12, SJR: 0.185, h-index: 22)
Analysis     Hybrid Journal   (Followers: 23)
Annals of Botany     Hybrid Journal   (Followers: 33, SJR: 1.912, h-index: 124)
Annals of Occupational Hygiene     Hybrid Journal   (Followers: 24, SJR: 0.837, h-index: 57)
Annals of Oncology     Hybrid Journal   (Followers: 49, SJR: 4.362, h-index: 173)
Annals of the Entomological Society of America     Full-text available via subscription   (Followers: 9, SJR: 0.642, h-index: 53)
Annals of Work Exposures and Health     Hybrid Journal  
AoB Plants     Open Access   (Followers: 4, SJR: 0.78, h-index: 10)
Applied Economic Perspectives and Policy     Hybrid Journal   (Followers: 18, SJR: 0.884, h-index: 31)
Applied Linguistics     Hybrid Journal   (Followers: 51, SJR: 1.749, h-index: 63)
Applied Mathematics Research eXpress     Hybrid Journal   (Followers: 1, SJR: 0.779, h-index: 11)
Arbitration Intl.     Full-text available via subscription   (Followers: 19)
Arbitration Law Reports and Review     Hybrid Journal   (Followers: 12)
Archives of Clinical Neuropsychology     Hybrid Journal   (Followers: 25, SJR: 0.96, h-index: 71)
Aristotelian Society Supplementary Volume     Hybrid Journal   (Followers: 2, SJR: 0.102, h-index: 20)
Arthropod Management Tests     Hybrid Journal   (Followers: 2)
Astronomy & Geophysics     Hybrid Journal   (Followers: 46, SJR: 0.144, h-index: 15)
Behavioral Ecology     Hybrid Journal   (Followers: 47, SJR: 1.698, h-index: 92)
Bioinformatics     Hybrid Journal   (Followers: 221, SJR: 4.643, h-index: 271)
Biology Methods and Protocols     Hybrid Journal  
Biometrika     Hybrid Journal   (Followers: 18, SJR: 2.801, h-index: 90)
BioScience     Hybrid Journal   (Followers: 28, SJR: 2.374, h-index: 154)
Bioscience Horizons : The National Undergraduate Research J.     Open Access   (Followers: 1, SJR: 0.213, h-index: 9)
Biostatistics     Hybrid Journal   (Followers: 15, SJR: 1.955, h-index: 55)
BJA : British J. of Anaesthesia     Hybrid Journal   (Followers: 132, SJR: 2.314, h-index: 133)
BJA Education     Hybrid Journal   (Followers: 65, SJR: 0.272, h-index: 20)
Brain     Hybrid Journal   (Followers: 61, SJR: 6.097, h-index: 264)
Briefings in Bioinformatics     Hybrid Journal   (Followers: 43, SJR: 4.086, h-index: 73)
Briefings in Functional Genomics     Hybrid Journal   (Followers: 4, SJR: 1.771, h-index: 50)
British J. for the Philosophy of Science     Hybrid Journal   (Followers: 32, SJR: 1.267, h-index: 38)
British J. of Aesthetics     Hybrid Journal   (Followers: 24, SJR: 0.217, h-index: 18)
British J. of Criminology     Hybrid Journal   (Followers: 489, SJR: 1.373, h-index: 62)
British J. of Social Work     Hybrid Journal   (Followers: 77, SJR: 0.771, h-index: 53)
British Medical Bulletin     Hybrid Journal   (Followers: 7, SJR: 1.391, h-index: 84)
British Yearbook of Intl. Law     Hybrid Journal   (Followers: 25)
Bulletin of the London Mathematical Society     Hybrid Journal   (Followers: 3, SJR: 1.474, h-index: 31)
Cambridge J. of Economics     Hybrid Journal   (Followers: 55, SJR: 0.957, h-index: 59)
Cambridge J. of Regions, Economy and Society     Hybrid Journal   (Followers: 9, SJR: 1.067, h-index: 22)
Cambridge Quarterly     Hybrid Journal   (Followers: 10, SJR: 0.1, h-index: 7)
Capital Markets Law J.     Hybrid Journal  
Carcinogenesis     Hybrid Journal   (Followers: 2, SJR: 2.439, h-index: 167)
Cardiovascular Research     Hybrid Journal   (Followers: 11, SJR: 2.897, h-index: 175)
Cerebral Cortex     Hybrid Journal   (Followers: 37, SJR: 4.827, h-index: 192)
CESifo Economic Studies     Hybrid Journal   (Followers: 15, SJR: 0.501, h-index: 19)
Chemical Senses     Hybrid Journal   (Followers: 1, SJR: 1.436, h-index: 76)
Children and Schools     Hybrid Journal   (Followers: 5, SJR: 0.211, h-index: 18)
Chinese J. of Comparative Law     Hybrid Journal   (Followers: 3)
Chinese J. of Intl. Law     Hybrid Journal   (Followers: 18, SJR: 0.737, h-index: 11)
Chinese J. of Intl. Politics     Hybrid Journal   (Followers: 8, SJR: 1.238, h-index: 15)
Christian Bioethics: Non-Ecumenical Studies in Medical Morality     Hybrid Journal   (Followers: 11, SJR: 0.191, h-index: 8)
Classical Receptions J.     Hybrid Journal   (Followers: 17, SJR: 0.1, h-index: 3)
Clinical Infectious Diseases     Hybrid Journal   (Followers: 58, SJR: 4.742, h-index: 261)
Clinical Kidney J.     Open Access   (Followers: 4, SJR: 0.338, h-index: 19)
Community Development J.     Hybrid Journal   (Followers: 23, SJR: 0.47, h-index: 28)
Computer J.     Hybrid Journal   (Followers: 8, SJR: 0.371, h-index: 47)
Conservation Physiology     Open Access   (Followers: 1)
Contemporary Women's Writing     Hybrid Journal   (Followers: 11, SJR: 0.111, h-index: 3)
Contributions to Political Economy     Hybrid Journal   (Followers: 6, SJR: 0.313, h-index: 10)
Critical Values     Full-text available via subscription  
Current Legal Problems     Hybrid Journal   (Followers: 25)
Current Zoology     Full-text available via subscription   (SJR: 0.999, h-index: 20)
Database : The J. of Biological Databases and Curation     Open Access   (Followers: 11, SJR: 1.068, h-index: 24)
Digital Scholarship in the Humanities     Hybrid Journal   (Followers: 12)
Diplomatic History     Hybrid Journal   (Followers: 18, SJR: 0.296, h-index: 22)
DNA Research     Open Access   (Followers: 4, SJR: 2.42, h-index: 77)
Dynamics and Statistics of the Climate System     Open Access   (Followers: 2)
Early Music     Hybrid Journal   (Followers: 13, SJR: 0.124, h-index: 11)
Economic Policy     Hybrid Journal   (Followers: 46, SJR: 2.052, h-index: 52)
ELT J.     Hybrid Journal   (Followers: 25, SJR: 1.26, h-index: 23)
English Historical Review     Hybrid Journal   (Followers: 45, SJR: 0.311, h-index: 10)
English: J. of the English Association     Hybrid Journal   (Followers: 12, SJR: 0.144, h-index: 3)
Environmental Entomology     Full-text available via subscription   (Followers: 11, SJR: 0.791, h-index: 66)
Environmental Epigenetics     Open Access   (Followers: 1)
Environmental History     Hybrid Journal   (Followers: 25, SJR: 0.197, h-index: 25)
EP-Europace     Hybrid Journal   (Followers: 1, SJR: 2.201, h-index: 71)
Epidemiologic Reviews     Hybrid Journal   (Followers: 10, SJR: 3.917, h-index: 81)
ESHRE Monographs     Hybrid Journal  
Essays in Criticism     Hybrid Journal   (Followers: 15, SJR: 0.1, h-index: 6)
European Heart J.     Hybrid Journal   (Followers: 46, SJR: 6.997, h-index: 227)
European Heart J. - Cardiovascular Imaging     Hybrid Journal   (Followers: 9, SJR: 2.044, h-index: 58)
European Heart J. - Cardiovascular Pharmacotherapy     Full-text available via subscription   (Followers: 1)
European Heart J. - Quality of Care and Clinical Outcomes     Hybrid Journal  
European Heart J. Supplements     Hybrid Journal   (Followers: 8, SJR: 0.152, h-index: 31)
European J. of Cardio-Thoracic Surgery     Hybrid Journal   (Followers: 7, SJR: 1.568, h-index: 104)
European J. of Intl. Law     Hybrid Journal   (Followers: 140, SJR: 0.722, h-index: 38)
European J. of Orthodontics     Hybrid Journal   (Followers: 4, SJR: 1.09, h-index: 60)
European J. of Public Health     Hybrid Journal   (Followers: 23, SJR: 1.284, h-index: 64)
European Review of Agricultural Economics     Hybrid Journal   (Followers: 12, SJR: 1.549, h-index: 42)
European Review of Economic History     Hybrid Journal   (Followers: 25, SJR: 0.628, h-index: 24)
European Sociological Review     Hybrid Journal   (Followers: 37, SJR: 2.061, h-index: 53)
Evolution, Medicine, and Public Health     Open Access   (Followers: 11)
Family Practice     Hybrid Journal   (Followers: 12, SJR: 1.048, h-index: 77)
Fems Microbiology Ecology     Hybrid Journal   (Followers: 8, SJR: 1.687, h-index: 115)
Fems Microbiology Letters     Hybrid Journal   (Followers: 19, SJR: 1.126, h-index: 118)
Fems Microbiology Reviews     Hybrid Journal   (Followers: 24, SJR: 7.587, h-index: 150)
Fems Yeast Research     Hybrid Journal   (Followers: 13, SJR: 1.213, h-index: 66)
Foreign Policy Analysis     Hybrid Journal   (Followers: 22, SJR: 0.859, h-index: 10)
Forestry: An Intl. J. of Forest Research     Hybrid Journal   (Followers: 17, SJR: 0.903, h-index: 44)
Forum for Modern Language Studies     Hybrid Journal   (Followers: 6, SJR: 0.108, h-index: 6)
French History     Hybrid Journal   (Followers: 29, SJR: 0.123, h-index: 10)
French Studies     Hybrid Journal   (Followers: 19, SJR: 0.119, h-index: 7)
French Studies Bulletin     Hybrid Journal   (Followers: 10, SJR: 0.102, h-index: 3)
Gastroenterology Report     Open Access   (Followers: 2)
Genome Biology and Evolution     Open Access   (Followers: 10, SJR: 3.22, h-index: 39)
Geophysical J. Intl.     Hybrid Journal   (Followers: 31, SJR: 1.839, h-index: 119)
German History     Hybrid Journal   (Followers: 24, SJR: 0.437, h-index: 13)
GigaScience     Open Access   (Followers: 3)
Global Summitry     Hybrid Journal  
Glycobiology     Hybrid Journal   (Followers: 14, SJR: 1.692, h-index: 101)
Health and Social Work     Hybrid Journal   (Followers: 46, SJR: 0.505, h-index: 40)
Health Education Research     Hybrid Journal   (Followers: 12, SJR: 0.814, h-index: 80)
Health Policy and Planning     Hybrid Journal   (Followers: 21, SJR: 1.628, h-index: 66)
Health Promotion Intl.     Hybrid Journal   (Followers: 19, SJR: 0.664, h-index: 60)
History Workshop J.     Hybrid Journal   (Followers: 25, SJR: 0.313, h-index: 20)
Holocaust and Genocide Studies     Hybrid Journal   (Followers: 22, SJR: 0.115, h-index: 13)
Human Molecular Genetics     Hybrid Journal   (Followers: 10, SJR: 4.288, h-index: 233)
Human Reproduction     Hybrid Journal   (Followers: 73, SJR: 2.271, h-index: 179)
Human Reproduction Update     Hybrid Journal   (Followers: 15, SJR: 4.678, h-index: 128)
Human Rights Law Review     Hybrid Journal   (Followers: 60, SJR: 0.7, h-index: 21)
ICES J. of Marine Science: J. du Conseil     Hybrid Journal   (Followers: 53, SJR: 1.233, h-index: 88)
ICSID Review     Hybrid Journal   (Followers: 8)
ILAR J.     Hybrid Journal   (Followers: 1, SJR: 1.099, h-index: 51)
IMA J. of Applied Mathematics     Hybrid Journal   (SJR: 0.329, h-index: 26)
IMA J. of Management Mathematics     Hybrid Journal   (Followers: 2, SJR: 0.351, h-index: 20)
IMA J. of Mathematical Control and Information     Hybrid Journal   (Followers: 2, SJR: 0.661, h-index: 28)
IMA J. of Numerical Analysis - advance access     Hybrid Journal   (SJR: 2.032, h-index: 44)
Industrial and Corporate Change     Hybrid Journal   (Followers: 8, SJR: 1.37, h-index: 81)
Industrial Law J.     Hybrid Journal   (Followers: 29, SJR: 0.184, h-index: 15)
Information and Inference     Free  
Integrative and Comparative Biology     Hybrid Journal   (Followers: 7, SJR: 1.911, h-index: 90)
Interacting with Computers     Hybrid Journal   (Followers: 10, SJR: 0.529, h-index: 59)
Interactive CardioVascular and Thoracic Surgery     Hybrid Journal   (Followers: 4, SJR: 0.743, h-index: 35)
Intl. Data Privacy Law     Hybrid Journal   (Followers: 27)
Intl. Health     Hybrid Journal   (Followers: 4, SJR: 0.835, h-index: 15)
Intl. Immunology     Hybrid Journal   (Followers: 4, SJR: 1.613, h-index: 111)
Intl. J. for Quality in Health Care     Hybrid Journal   (Followers: 32, SJR: 1.593, h-index: 69)
Intl. J. of Constitutional Law     Hybrid Journal   (Followers: 50, SJR: 0.613, h-index: 19)
Intl. J. of Epidemiology     Hybrid Journal   (Followers: 114, SJR: 4.381, h-index: 145)
Intl. J. of Law and Information Technology     Hybrid Journal   (Followers: 3, SJR: 0.247, h-index: 8)
Intl. J. of Law, Policy and the Family     Hybrid Journal   (Followers: 18, SJR: 0.307, h-index: 15)
Intl. J. of Lexicography     Hybrid Journal   (Followers: 8, SJR: 0.404, h-index: 18)
Intl. J. of Low-Carbon Technologies     Open Access   (Followers: 1, SJR: 0.457, h-index: 12)
Intl. J. of Neuropsychopharmacology     Open Access   (Followers: 4, SJR: 1.69, h-index: 79)
Intl. J. of Public Opinion Research     Hybrid Journal   (Followers: 8, SJR: 0.906, h-index: 33)
Intl. J. of Refugee Law     Hybrid Journal   (Followers: 33, SJR: 0.231, h-index: 21)
Intl. J. of Transitional Justice     Hybrid Journal   (Followers: 12, SJR: 0.833, h-index: 12)
Intl. Mathematics Research Notices     Hybrid Journal   (Followers: 1, SJR: 2.052, h-index: 42)
Intl. Mathematics Research Surveys - advance access     Hybrid Journal  
Intl. Political Sociology     Hybrid Journal   (Followers: 24, SJR: 1.339, h-index: 19)
Intl. Relations of the Asia-Pacific     Hybrid Journal   (Followers: 17, SJR: 0.539, h-index: 17)
Intl. Studies Perspectives     Hybrid Journal   (Followers: 7, SJR: 0.998, h-index: 28)
Intl. Studies Quarterly     Hybrid Journal   (Followers: 33, SJR: 2.184, h-index: 68)
Intl. Studies Review     Hybrid Journal   (Followers: 17, SJR: 0.783, h-index: 38)
ISLE: Interdisciplinary Studies in Literature and Environment     Hybrid Journal   (Followers: 1, SJR: 0.155, h-index: 4)
ITNOW     Hybrid Journal   (Followers: 2, SJR: 0.102, h-index: 4)
J. of African Economies     Hybrid Journal   (Followers: 15, SJR: 0.647, h-index: 30)
J. of American History     Hybrid Journal   (Followers: 38, SJR: 0.286, h-index: 34)
J. of Analytical Toxicology     Hybrid Journal   (Followers: 13, SJR: 1.038, h-index: 60)
J. of Antimicrobial Chemotherapy     Hybrid Journal   (Followers: 20, SJR: 2.157, h-index: 149)
J. of Antitrust Enforcement     Hybrid Journal   (Followers: 1)
J. of Applied Poultry Research     Hybrid Journal   (Followers: 3, SJR: 0.563, h-index: 43)
J. of Biochemistry     Hybrid Journal   (Followers: 43, SJR: 1.341, h-index: 96)
J. of Chromatographic Science     Hybrid Journal   (Followers: 18, SJR: 0.448, h-index: 42)
J. of Church and State     Hybrid Journal   (Followers: 11, SJR: 0.167, h-index: 11)
J. of Competition Law and Economics     Hybrid Journal   (Followers: 34, SJR: 0.442, h-index: 16)
J. of Complex Networks     Hybrid Journal   (Followers: 1, SJR: 1.165, h-index: 5)
J. of Conflict and Security Law     Hybrid Journal   (Followers: 11, SJR: 0.196, h-index: 15)
J. of Consumer Research     Full-text available via subscription   (Followers: 38, SJR: 4.896, h-index: 121)
J. of Crohn's and Colitis     Hybrid Journal   (Followers: 9, SJR: 1.543, h-index: 37)
J. of Cybersecurity     Hybrid Journal   (Followers: 2)
J. of Deaf Studies and Deaf Education     Hybrid Journal   (Followers: 8, SJR: 0.69, h-index: 36)
J. of Design History     Hybrid Journal   (Followers: 15, SJR: 0.166, h-index: 14)
J. of Economic Entomology     Full-text available via subscription   (Followers: 6, SJR: 0.894, h-index: 76)
J. of Economic Geography     Hybrid Journal   (Followers: 31, SJR: 2.909, h-index: 69)
J. of Environmental Law     Hybrid Journal   (Followers: 25, SJR: 0.457, h-index: 20)
J. of European Competition Law & Practice     Hybrid Journal   (Followers: 19)
J. of Experimental Botany     Hybrid Journal   (Followers: 13, SJR: 2.798, h-index: 163)
J. of Financial Econometrics     Hybrid Journal   (Followers: 21, SJR: 1.314, h-index: 27)
J. of Global Security Studies     Hybrid Journal   (Followers: 2)
J. of Heredity     Hybrid Journal   (Followers: 3, SJR: 1.024, h-index: 76)
J. of Hindu Studies     Hybrid Journal   (Followers: 7, SJR: 0.186, h-index: 3)
J. of Hip Preservation Surgery     Open Access  
J. of Human Rights Practice     Hybrid Journal   (Followers: 21, SJR: 0.399, h-index: 10)
J. of Infectious Diseases     Hybrid Journal   (Followers: 39, SJR: 4, h-index: 209)
J. of Insect Science     Open Access   (Followers: 9, SJR: 0.388, h-index: 31)
J. of Integrated Pest Management     Open Access   (Followers: 1)

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Journal Cover European Journal of International Law
  [SJR: 0.722]   [H-I: 38]   [140 followers]  Follow
    
   Hybrid Journal Hybrid journal (It can contain Open Access articles)
   ISSN (Print) 0938-5428 - ISSN (Online) 1464-3596
   Published by Oxford University Press Homepage  [368 journals]
  • Steven R. Ratner. The Thin Justice of International Law: A Moral Reckoning
           of the Law of Nations
    • Authors: Roth-Isigkeit D.
      Abstract: RatnerSteven R.. The Thin Justice of International Law: A Moral Reckoning of the Law of Nations. New York: Oxford University Press, 2015. Pp. 496. $85. ISBN: 9780198704041.
      PubDate: 2017-01-29
       
  • Arnulf Becker Lorca. Mestizo International Law: A Global Intellectual
           History 1842–1933
    • Authors: von Bernstorff J.
      Abstract: LorcaArnulf Becker. Mestizo International Law: A Global Intellectual History 1842–1933. New York: Cambridge University Press, 2015. Pp. 420. US $134 (paperback US $41.99). ISBN: 9780521763387.
      PubDate: 2017-01-29
       
  • Louise Chappell. The Politics of Gender Justice at the International
           Criminal Court: Legacies and Legitimacy
    • Authors: von Gall A.
      Abstract: ChappellLouise. The Politics of Gender Justice at the International Criminal Court: Legacies and Legitimacy. New York: Oxford University Press, 2016. Pp. 276. £64. ISBN: 9780199927913.
      PubDate: 2017-01-29
       
  • Editorial: On My Way Out IV – Teaching; Emma Thomas – May the Force Be
           with You!; EJIL Roll of Honour; In this Issue
    • Authors: .
      PubDate: 2017-01-29
       
  • Whaling into a Spider Web? The Multiple International Restraints to
           States’ Sovereignty
    • Authors: Cannizzaro E.
      Abstract: The International Court of Justice’s (ICJ) decision in Whaling in the Antarctic (Australia v. Japan; New Zealand intervening) will hardly be included in the restricted collection of cases that have prompted spectacular developments of international law.11 Its technical complexity and its demure tone may discourage scholars from drawing from it implications going beyond the particular dispute decided by the Court. Yet, a meticulous analysis will reward the patient reader and will highlight some major developments disguised in the folds of the reasoning of the Court. Three profiles, in particular, deserve careful attention.
      PubDate: 2017-01-29
       
  • Proportionality and Margin of Appreciation in the Whaling Case:
           Reconciling Antithetical Doctrines?
    • Authors: Cannizzaro E.
      Abstract: In its decision on the Whaling in the Antarctic case, the International Court of Justice used a sophisticated methodology for assessing the legality of a whaling program allegedly designed to pursue purposes of scientific research. Based on the combination of two instruments – margin of appreciation and proportionality review – this methodology ultimately enabled the Court to reconcile apparently divergent needs: to grant a measure of discretion to states in determining their domestic policy requirements and to exert an international control over discretionary powers. From a theoretical viewpoint, this approach can have far-reaching implications and contribute to untie some still unresolved knots of the proportionality doctrine.
      PubDate: 2017-01-29
       
  • The WTO Appellate Body or Judicial Power Unleashed: Sketches from the
           Procedural Side of the Story
    • Authors: Ruiz Fabri H.
      Abstract: The Appellate Body’s overall judicial policy that Robert Howse analyses in his EJIL Foreword article would have been less sustainable and coherent if it were not underpinned by a distinct approach to decision making or, if you will, by a certain ‘procedural sensibility’. This reaction paper contends that there existed, as a complement to, and a cornerstone of, the complex ensemble of judicial policies and decisions analysed by Howse, a procedural judicial policy that played a significant role in facing the legitimacy challenge.
      PubDate: 2017-01-29
       
  • The World Trade Order: Global Governance by Judiciary?
    • Authors: Hoekman B.
      Abstract: The World Trade Organization (WTO) Appellate Body has established itself as an authoritative court through which WTO members settle disputes. It has done so in parallel to contested multilateral negotiations (the Doha Round) that ultimately were unsuccessful and a deteriorating environment for efforts towards deepening integration. In his article in this volume, Robert Howse characterizes the consequence of this disconnect as the emergence of ‘global governance by judiciary’. In this response, I discuss some elements of the argument that the Appellate Body positioned itself against the bias in the trade community towards neo-liberalism to enhance its legitimacy, consider the role of the Appellate Body in global trade governance, and reflect on emerging tensions within the WTO on the operation of the Appellate Body.
      PubDate: 2017-01-29
       
  • The Gang That Couldn’t Shoot Straight: The Not So Magnificent Seven
           of the WTO Appellate Body
    • Authors: Mavroidis PC.
      Abstract: The World Trade Organization’s (WTO) Appellate Body has produced a volume-wise import ant body of case law, which is often difficult to penetrate, never mind classify. In his EJIL Foreword article, Robert Howse has attempted a very lucid taxonomy of the case law, using the standard of review as a benchmark for it. His conclusion is that the Appellate Body is quite cautious when facing non-discriminatory measures, especially measures relating to the protection of human life and health, while it has adopted a more intrusive standard (into national sovereignty) when dealing with trade measures (like anti-dumping), which are by definition discriminatory since they concern imports only. In my response, I share his basic conclusion and add that this is not the outcome of a process that mandates this standard of review but, simply, a political reaction aimed at placating the WTO membership.
      PubDate: 2017-01-29
       
  • The WTO 20 Years On: ‘Global Governance by Judiciary’ or, Rather,
           Member-driven Settlement of (Some) Trade Disputes between (Some) WTO
           Members?
    • Authors: Pauwelyn J.
      Abstract: In this response to Robert Howse’s EJIL Foreword article, it is argued that Howse overestimates the extent and type of effectiveness and legitimacy achieved by the World Trade Organization’s (WTO) dispute settlement system to date. Moreover, the effectiveness and legitimacy the system has built up has not been achieved by the Appellate Body ‘distancing itself’ from WTO members or the Geneva-based trade policy elite but, rather, because panels and the Appellate Body have, for the most part, skilfully read, reflected and responded to underlying and evolving WTO member country preferences. The system’s success flows not from Herculian ‘declarations of independence’ by the Appellate Body or ‘open conflict with the trade policy elite’. On the contrary, it is largely explained by the Appellate Body’s ‘judicial minimalism’ (to which Howse refers) and the subtle, informal symbiosis that has emerged between the WTO Secretariat, panels and the Appellate Body, on the one hand, and WTO members and the Geneva-based trade policy elite, on the other.
      PubDate: 2017-01-29
       
  • Heavenly Principles? The Translation of International Law in 19th-century
           China and the Constitution of Universality
    • Authors: Yin Z.
      Abstract: Modern international relations are established on the acceptance of international law as the rules of conduct. But how does this legal order, which originated from European jurisprudence, acquire its universality? How did this legal order in the time of European colonial expansion interact with other systems of law, which formed the socio-political foundation of non-Western powers, such as China? These are the two main problems addressed by this study, which focuses on the translation of Western writings, particularly those by American jurist Henry Wheaton, and legal documents on international law in China from the late 19th century. This article, which takes a legal comparative perspective, argues that the clashes between China and European colonial powers by nature were disputes between the jurisdictions. The clashes reflect the realpolitik struggles between two powers as well as the limitation of 19th-century international law based on the acceptance of a Eurocentric universalism.
      PubDate: 2017-01-29
       
  • The International Court of Justice, the Whales, and the Blurring of the
           Lines between Sources and Interpretation
    • Authors: d’Aspremont J.
      Abstract: In the contemporary mainstream configuration of most legal orders, a given norm or standard of behaviour is said to be binding upon legal relations between subjects if that norm or standard can be validated by virtue of the doctrine of sources of that legal order. In most legal orders, including international law, the doctrine of sources even enjoys a monopoly on the tracing of bindingness, bearing only remotely or indirectly upon the interpretation of the content of those standards and norms that sources recognize as valid. The idea that the doctrine of sources enjoys a monopoly on the tracing of bindingness and does not constrain interpretation has been seriously eroded by the International Court of Justice in its 31 March 2014 judgment concerning Whaling in the Antarctic. As will be explained in this article, the Court comes very close to calibrate the interpretive effects of the resolutions of the International Whaling Commission through the doctrine of sources. As will be shown, this blurring between sources and interpretation warrants the attention given the efforts that the Court had, over the years, invested in consolidating two distinct doctrines – that is, the doctrine of sources and the doctrine of interpretation. After briefly recalling how the relation between interpretation and sources was approached by the Court, a critical look is taken at the implications of the judgment from the vantage point of the distinction between bindingness and interpretive effects. This brief article ends with a few remarks on the oscillations between sources and interpretation witnessed in contemporary international legal discourses.
      PubDate: 2017-01-29
       
  • Organ Practice in the Whaling Case: Consensus and Dissent between
           Subsequent Practice, Other Practice and a Duty to Give Due Regard
    • Authors: Raffeiner S.
      Abstract: Whaling in the Antarctic Sea on the admissibility of Japan’s whale programme under the Whaling Convention highlights the importance of organ practice for the interpretation of the underlying treaty. Analysing the Court’s reasoning against its earlier case-law, this article first assesses and affirms that plenary organ practice amounts to practice ‘between the States’ and, thus, to a subsequent agreement or subsequent practice within the meaning of Article 31(3)(a) and (b) of the Vienna Convention on the Law of Treaties (VCLT). It then assesses and denies that this goes with a special rule on subsequent practice to the effect of lowering the requirement for an agreement within treaty organs. While within organs silence is easily taken for a tacit agreement, this cannot overcome dissent. And this holds true with regard to organs within general treaty regimes as well as organs of international organizations with legal personality. Whereas the Court therefore rightly rejected the resolution calling for a proportionality test on lethal sampling as subsequent practice under Article 31 of the VCLT because it was not adopted by consensus, the Court is criticized for relying on resolutions of the International Whaling Commission (IWC) by way of a duty of cooperation to give due regard to organ practice. Instead, the more established category of other confirmatory practice pursuant to Article 32 of the VCLT is introduced, which would have permitted the Court to explicitly buttress its affirmation on a proportionality test by relying on a resolution still reflecting the view of a considerable majority of states parties.
      PubDate: 2017-01-29
       
  • Roaming Charges: Moments of Dignity: The Young and the Old
    • Abstract: We deal in EJIL with the world we live in – often with its worst and most violent pathologies, often with its most promising signs of hope for a better world. But, inevitably, since our vehicle is scholarship, we reify this world. Roaming Charges is designed not just to offer a moment of aesthetic relief, but to remind us of the ultimate subject of our scholarly reflections: we alternate between photos of places – the world we live in – and photos of people – who we are, the human condition. We eschew the direct programmatic photograph: people shot up; the ravages of pollution and all other manner of photojournalism.
      PubDate: 2017-01-29
       
  • The Judicial Sensibility of the WTO Appellate Body
    • Authors: Lang A.
      Abstract: When the World Trade Organization’s new dispute settlement machinery was created in 1995, no one knew for certain what its consequences would be. Innovative and experimental in crucial respects, it represented an extraordinary gambit by the Uruguay Round negotiators, who agreed to its creation partly out of frustration with the perceived deficits of the General Agreement of Tariff and Trade’s enforcement machinery, partly out of fear of unilateralism and partly in the context of a particular moment of post-Cold War faith in the international rule of law. Although a mythology very quickly emerged around this new dispute settlement machinery, according to which it represented a step-change from power-oriented to rule-oriented trade diplomacy, this was in truth always more of an aspirational expression rather than a statement of fact. In the mid-1990s, the new system had many possible futures, and its historical meaning was yet to be made. No one was more conscious of this than the seven original members of the Appellate Body, who understood well the stakes of their endeavour and felt very keenly the scrutiny of the international community as it watched how this institutional experiment would unfold.
      PubDate: 2017-01-29
       
  • The WTO 20 Years On: A Reply to the Responses
    • Authors: Howse R.
      Abstract: I am greatly honoured and thankful to the editors of EJIL as well as to the five authors, some of the most eminent scholars in the field, who have chosen to engage with my essay. Their observations speak for themselves and in this brief reply I do not intend to tackle them systematically. That task is for future scholarship. Instead, I wish to take this opportunity simply to correct certain misunderstandings concerning the original essay that might be an obstacle to the open-minded reader assessing the debate that the responses have opened.
      PubDate: 2017-01-29
       
  • ‘Dinner Party Conversation’
    • Authors: Shattock A.
      Abstract: My discipline lacks discipline,To say so isn’t rude:It’s also known my subject wantsVerisimilitude.
      PubDate: 2017-01-29
       
  • Reflections on International Judicialization
    • Authors: Sands P.
      Abstract: This lecture was delivered at the European Society of International Law’s annual conference, which was held in Oslo in September 2015. Addressing the move to judicialization, the lecture touches on the function of international courts and tribunals in resolving disputes and contributing to the gradual development of international law and their role as social agents in the evolution of human consciousness and actions. Adopting a historical and personal perspective, the lecture identifies a number of areas for reflection at various international courts and tribunals and seeks to encourage the community of international lawyers to engage more actively with sensitive realities, in the spirit of constructive critique.
      PubDate: 2017-01-29
       
  • Sovereignty and Migration in the Doctrine of the Law of Nations: An
           Intellectual History of Hospitality from Vitoria to Vattel
    • Authors: Chetail V.
      Abstract: This intellectual history of hospitality from Vitoria to Vattel provides an alternative story to the prevailing narrative of migration control. Although migration control is frequently heralded as falling within the domestic jurisdiction of states, the movement of persons across borders is a permanent feature of history that has been framed by international law for ages. The early doctrine of the law of nations reminds us that migration was at the heart of the first reflections about international law through the enduring dialectic between sovereignty and hospitality. This long-standing debate was framed by early scholars following three main trends, which constitute the focus of this article. The free movement of persons was first acknowledged by Vitoria and Grotius as a rule of international law through the right of communication between peoples. By contrast, Pufendorf and Wolff insisted on the state’s discretion to refuse admission of aliens as a consequence of its territorial sovereignty. Yet, in-between these two different poles – sovereignty versus hospitality – Vattel counterbalanced the sovereign power of the state by a right of entry based on necessity. As exemplified by the founding fathers of international law, the dialectic between sovereignty and hospitality offers innovative ways for rethinking migration.
      PubDate: 2017-01-29
       
  • International Commissions of Inquiry and the North Sea Incident: A Model
           for a MH17 Tribunal?
    • Authors: Lemnitzer J.
      Abstract: After spending more than a century on the fringes of international legal discourse, international commissions of inquiry have recently begun to feature more prominently in academic and political debate. Their embrace of international criminal law has prompted a debate whether they are stepping outside their traditional mandate as fact-finding bodies. As this article will show, this dispute misunderstands the Hague tradition and ignores the historical role of early commissions of inquiry in shaping our ideas of holding perpetrators of mass atrocities to account or of letting international bodies decide the responsibility and guilt of individuals involved in controversial incidents. While being almost completely unknown today, the North Sea Incident Commission of 1905 had explicit authority to decide upon the responsibility, blame and punishment for an incident in which the Russian Navy had killed and injured British fishermen while engaged in operations linked to the Russo-Japanese war. It pioneered an adversarial model of a commission of inquiry that could serve as a useful model for an investigation into the downing of flight MH17 over eastern Ukraine in July 2014 since it meets all Russian objections against the UN Security Council draft that was vetoed in July 2015.
      PubDate: 2017-01-29
       
  • Asia’s Ambivalence about International Law and Institutions: Past,
           Present and Futures
    • Authors: Chesterman S.
      Abstract: Asian states are the least likely of any regional grouping to be party to most international obligations or to have representation reflecting their number and size in international or ganizations. That is despite the fact that Asian states have arguably benefited most from the security and economic dividends provided by international law and institutions. This article explores the reasons for Asia’s under-participation and under-representation. The first part traces the history of Asia’s engagement with international law. The second part assesses Asia’s current engagement with international law and institutions, examining whether its under-participation and under-representation is in fact significant and how it might be explained. The third part considers possible future developments based on three different scenarios, referred to here as status quo, divergence and convergence. Convergence is held to be the most likely future, indicating adaptation on the part of Asian states as well as on the part of the international legal order.
      PubDate: 2017-01-29
       
  • Status Quo Post Bellum and the Legal Resolution of the Territorial Dispute
           between China and Japan over the Senkaku/Diaoyu Islands
    • Authors: Loja MH.
      Abstract: This article ascertains whether Japan’s possession of the Senkaku/Diaoyu Islands has a legal basis that is opposable to China. It departs from the traditional approach that focuses on historic titles and ancient maps. It applies an alternative approach that is based on the status quo post bellum or the relative legal position of the parties at the end of armed hostilities. This approach is warranted by the practice of China, Japan and the Allied powers of defining the status quo in the East China Sea as a frame of reference for the future disposition of the islands. Primary records of their conduct in the period 1945–1952 reveal consensus that: (i) the islands are part of Nansei Shoto rather than of Formosa; (ii) they remained under the residual sovereignty of Japan and (iii) they were being claimed by Japan but not China. The conduct of the parties proximate to 1945–1956 indicate that there was no prior existing title to the islands that would contradict the status quo. Rather, during the period 1952 up to the critical date of 1970, the positive acts of the Republic of China and the acquiescence of the People’s Republic of China confirmed the status quo.
      PubDate: 2017-01-29
       
  • Georges Scelle’s Study of the Slave Trade: French Solidarism
           Revisited
    • Authors: Martineau A.
      Abstract: In 1906, Georges Scelle defended his state thesis in the Faculty of Law at the University of Paris. The young scholar had taken upon himself to study the history of the transatlantic slave trade from a legal and political perspective. The result is a monumental work, in which Scelle traces the evolution of the ‘asientos de negros’ – that is, the agreements that the Spanish crown signed with an individual, a company or another sovereign by which the latter was granted the privilege (and often the monopoly) to supply African slaves to the Spanish colonies in the Americas. Scelle’s thesis offers us an opportunity to explore the meaning and ambivalences of a certain left sensibility in our discipline. How did a radical left international lawyer respond to slavery and human exploitation at the turn of the 20th century? In particular, how did the vocabulary of solidarity and freedom play out when analysing the commercial enterprise that epitomized the most exploitative form of globalization?
      PubDate: 2017-01-29
       
  • Hans Kelsen on Dante Alighieri’s Political Philosophy
    • Authors: Lepsius O.
      Abstract: Hans Kelsen’s first book was a thorough investigation of Dante’s The Monarchia. Why did Kelsen become interested in medieval political theory? This article deals with Kelsen’s treatment of Dante’s political philosophy and asks what one can infer from Kelsen’s reading of Dante for the intellectual development of the young Kelsen and his further research interests and philosophical convictions.
      PubDate: 2017-01-29
       
 
 
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