Subjects -> LAW (Total: 1492 journals)
    - CIVIL LAW (36 journals)
    - CONSTITUTIONAL LAW (50 journals)
    - CORPORATE LAW (90 journals)
    - CRIMINAL LAW (26 journals)
    - CRIMINOLOGY AND LAW ENFORCEMENT (151 journals)
    - FAMILY AND MATRIMONIAL LAW (23 journals)
    - INTERNATIONAL LAW (188 journals)
    - JUDICIAL SYSTEMS (22 journals)
    - LAW (897 journals)
    - LAW: GENERAL (9 journals)

INTERNATIONAL LAW (188 journals)                     

Showing 1 - 188 of 188 Journals sorted alphabetically
Acta Juridica Hungarica     Full-text available via subscription   (Followers: 6)
African Journal of International and Comparative Law     Hybrid Journal   (Followers: 18)
African Yearbook of International Law Online : Annuaire Africain de droit international Online     Hybrid Journal   (Followers: 11)
Afrilex     Open Access   (Followers: 5)
Agora International Journal of Juridical Sciences     Open Access   (Followers: 3)
AJIL Unbound     Open Access  
American Business Law Journal     Hybrid Journal   (Followers: 24)
American Journal of International Law     Hybrid Journal   (Followers: 64)
American University International Law Review     Open Access   (Followers: 11)
Annuaire Français de Droit International     Full-text available via subscription   (Followers: 2)
Annual Review of Law and Social Science     Full-text available via subscription   (Followers: 14)
Annual Survey of International & Comparative Law     Open Access   (Followers: 14)
Antitrust Chronicle - Competition Policy International     Full-text available via subscription   (Followers: 6)
Anuario Colombiano de Derecho Internacional     Open Access  
Anuario de Derechos Humanos     Open Access  
Anuario Español de Derecho Internacional     Full-text available via subscription   (Followers: 1)
Anuario español de derecho internacional privado     Partially Free  
Anuario Iberoamericano de Derecho Internacional Penal     Open Access   (Followers: 1)
Anuario Mexicano de Derecho Internacional     Open Access   (Followers: 1)
Arbitration International     Full-text available via subscription   (Followers: 22)
ASA Bulletin     Full-text available via subscription   (Followers: 5)
Asia-Pacific Journal of Ocean Law and Policy     Hybrid Journal  
Asian International Arbitration Journal     Full-text available via subscription   (Followers: 4)
Asian Journal of Comparative Law     Hybrid Journal   (Followers: 11)
Asian Journal of International Law     Hybrid Journal   (Followers: 18)
Australasian Policing     Full-text available via subscription   (Followers: 6)
Australian International Law Journal     Full-text available via subscription   (Followers: 22)
Australian Journal of Asian Law     Full-text available via subscription   (Followers: 4)
Austrian Review of International and European Law Online     Hybrid Journal   (Followers: 5)
Baltic Yearbook of International Law Online     Hybrid Journal   (Followers: 4)
Berkeley Journal of International Law     Open Access   (Followers: 23)
Boletin Mexicano de Derecho Comparado     Open Access   (Followers: 2)
Boston College International & Comparative Law Review     Open Access   (Followers: 13)
Brigham Young University International Law and Management Review     Open Access   (Followers: 2)
British Yearbook of International Law     Hybrid Journal   (Followers: 35)
Brooklyn Journal of International Law     Open Access   (Followers: 5)
California Western International Law Journal     Open Access   (Followers: 5)
Canadian Yearbook of International Law / Annuaire canadien de droit international     Full-text available via subscription   (Followers: 3)
Cape Town Convention Journal     Open Access  
Case Western Reserve Journal of International Law     Full-text available via subscription   (Followers: 5)
Chicago Journal of International Law     Full-text available via subscription   (Followers: 8)
Chinese Journal of Environmental Law     Hybrid Journal  
Chinese Journal of Global Governance     Open Access   (Followers: 3)
Chinese Journal of International Law     Hybrid Journal   (Followers: 24)
Climate law     Hybrid Journal   (Followers: 5)
Columbia Journal of Transnational Law     Open Access   (Followers: 9)
Common Law World Review     Full-text available via subscription   (Followers: 18)
Commonwealth Law Bulletin     Hybrid Journal   (Followers: 13)
Comparative and International Law Journal of Southern Africa     Full-text available via subscription   (Followers: 4)
Comparative Strategy     Hybrid Journal   (Followers: 10)
Computer Law Review International     Hybrid Journal   (Followers: 1)
Contemporary Security Policy     Hybrid Journal   (Followers: 19)
Cornell International Law Journal     Open Access   (Followers: 5)
Corporate Governance An International Review     Hybrid Journal   (Followers: 18)
Criterios     Open Access  
Denver Journal of International Law and Policy     Full-text available via subscription   (Followers: 5)
Deusto Journal of Human Rights     Open Access  
Duke Journal of Comparative & International Law     Open Access   (Followers: 17)
European Business Law Review     Full-text available via subscription   (Followers: 15)
European Company Law     Full-text available via subscription   (Followers: 12)
European Foreign Affairs Review     Full-text available via subscription   (Followers: 34)
European Journal for Security Research     Hybrid Journal   (Followers: 1)
European Journal of International Law     Hybrid Journal   (Followers: 222)
European Journal of Migration and Law     Hybrid Journal   (Followers: 40)
European Labour Law Journal     Full-text available via subscription   (Followers: 16)
European Political Science     Hybrid Journal   (Followers: 40)
European Property Law Journal     Hybrid Journal   (Followers: 6)
Fordham International Law Journal     Full-text available via subscription   (Followers: 21)
Foreign Policy Bulletin     Hybrid Journal   (Followers: 6)
Frontiers of Law in China     Hybrid Journal   (Followers: 2)
Georgetown Journal of International Law     Full-text available via subscription   (Followers: 12)
Georgia Journal of International and Comparative Law     Open Access   (Followers: 4)
Global Jurist     Hybrid Journal   (Followers: 7)
Global Justice : Theory Practice Rhetoric     Open Access   (Followers: 1)
Harvard International Law Journal     Free   (Followers: 51)
Houston Journal of International Law     Full-text available via subscription   (Followers: 5)
ICSID Review : Foreign Investment Law Journal     Hybrid Journal   (Followers: 12)
Indian Journal of International Law     Hybrid Journal  
Intergenerational Justice Review     Open Access  
International & Comparative Law Quarterly     Full-text available via subscription   (Followers: 261)
International Area Studies Review     Hybrid Journal   (Followers: 3)
International Commentary on Evidence     Hybrid Journal   (Followers: 1)
International Community Law Review     Hybrid Journal   (Followers: 10)
International Comparative Jurisprudence     Open Access   (Followers: 2)
International Human Rights Law Review     Hybrid Journal   (Followers: 27)
International Journal for Court Administration     Open Access   (Followers: 2)
International Journal for the Semiotics of Law     Hybrid Journal   (Followers: 6)
International Journal of Comparative and Applied Criminal Justice     Hybrid Journal   (Followers: 4)
International Journal of Comparative Labour Law and Industrial Relations     Full-text available via subscription   (Followers: 25)
International Journal of Discrimination and the Law     Hybrid Journal   (Followers: 8)
International Journal of Evidence and Proof     Full-text available via subscription   (Followers: 12)
International Journal of Information Privacy, Security and Integrity     Hybrid Journal   (Followers: 27)
International Journal of Language & Law     Open Access   (Followers: 3)
International Journal of Law in Context     Hybrid Journal   (Followers: 17)
International Journal of Law, Crime and Justice     Hybrid Journal   (Followers: 61)
International Journal of Law, Policy and the Family     Hybrid Journal   (Followers: 25)
International Journal of Nuclear Law     Hybrid Journal   (Followers: 4)
International Journal of Political Economy     Full-text available via subscription   (Followers: 17)
International Journal of Private Law     Hybrid Journal   (Followers: 10)
International Journal of Public Law and Policy     Hybrid Journal   (Followers: 11)
International Journal of Refugee Law     Hybrid Journal   (Followers: 39)
International Journal of Transitional Justice     Hybrid Journal   (Followers: 14)
International Law: Revista Colombiana de Derecho Internacional     Open Access   (Followers: 3)
International Negotiation     Hybrid Journal   (Followers: 15)
International Organizations Law Review     Hybrid Journal   (Followers: 20)
International Planning Studies     Hybrid Journal   (Followers: 6)
International Review of Law     Open Access   (Followers: 6)
International Review of the Red Cross     Full-text available via subscription   (Followers: 13)
International Security     Hybrid Journal   (Followers: 76)
Israel Law Review     Hybrid Journal   (Followers: 2)
Italian Yearbook of International Law Online     Hybrid Journal   (Followers: 4)
Ius Gentium     Open Access   (Followers: 4)
Jerusalem Review of Legal Studies     Hybrid Journal  
Journal of Biosecurity Biosafety and Biodefense Law     Hybrid Journal   (Followers: 3)
Journal of European Competition Law & Practice     Hybrid Journal   (Followers: 22)
Journal of Genocide Research     Hybrid Journal   (Followers: 14)
Journal of International Commercial Law and Technology     Open Access   (Followers: 3)
Journal of International Dispute Settlement     Hybrid Journal   (Followers: 16)
Journal of International Economic Law     Hybrid Journal   (Followers: 33)
Journal of International Humanitarian Legal Studies     Hybrid Journal   (Followers: 8)
Journal of International Political Theory     Hybrid Journal   (Followers: 19)
Journal of Law, Policy and Globalization     Open Access   (Followers: 18)
Journal of Liberty and International Affairs     Open Access   (Followers: 4)
Journal of Migration and Refugee Issues, The     Full-text available via subscription   (Followers: 34)
Journal of Private International Law     Hybrid Journal   (Followers: 11)
Journal of the History of International Law     Hybrid Journal   (Followers: 16)
Journal on the Use of Force and International Law     Full-text available via subscription   (Followers: 16)
Korean Journal of International and Comparative Law     Hybrid Journal   (Followers: 2)
Law and Practice of International Courts and Tribunals     Hybrid Journal   (Followers: 21)
Legal Issues of Economic Integration     Full-text available via subscription   (Followers: 12)
Leiden Journal of International Law     Hybrid Journal   (Followers: 38)
LEX     Open Access   (Followers: 1)
London Review of International Law     Hybrid Journal   (Followers: 8)
Loyola of Los Angeles International and Comparative Law Review     Open Access   (Followers: 9)
Loyola University Chicago International Law Review     Open Access   (Followers: 4)
Maastricht Journal of European and Comparative Law     Full-text available via subscription   (Followers: 24)
Maryland Journal of International Law     Open Access   (Followers: 3)
Max Planck Yearbook of United Nations Law Online     Hybrid Journal   (Followers: 9)
Melbourne Journal of International Law     Full-text available via subscription   (Followers: 17)
Michigan State International Law Review     Open Access   (Followers: 6)
Netherlands International Law Review     Full-text available via subscription   (Followers: 22)
Netherlands Yearbook of International Law     Full-text available via subscription   (Followers: 15)
New Zealand Journal of Public and International Law     Full-text available via subscription   (Followers: 13)
New Zealand Yearbook of International Law, The     Full-text available via subscription   (Followers: 9)
Nordic Journal of International Law     Hybrid Journal   (Followers: 19)
Northwestern Journal of International Human Rights     Open Access   (Followers: 5)
Northwestern Journal of International Law & Business     Open Access   (Followers: 5)
Notre Dame Journal of International & Comparative Law     Open Access   (Followers: 5)
Oromia Law Journal     Open Access   (Followers: 1)
Pace International Law Review     Open Access   (Followers: 8)
Palestine Yearbook of International Law Online     Hybrid Journal   (Followers: 6)
Penn State Journal of Law & International Affairs     Open Access   (Followers: 4)
Polar Journal     Hybrid Journal   (Followers: 5)
Public and Private International Law Bulletin     Open Access   (Followers: 2)
Recht der Werkelijkheid     Full-text available via subscription   (Followers: 2)
Review of European Community & International Environmental Law     Hybrid Journal   (Followers: 7)
Review of European, Comparative & International Environmental Law     Hybrid Journal   (Followers: 7)
Revista de Derecho de la Unión Europea     Open Access   (Followers: 4)
Revista de Direito Brasileira     Open Access   (Followers: 1)
Revista de la Secretaría del Tribunal Permanente de Revisión     Open Access  
Revista Tribuna Internacional     Open Access   (Followers: 1)
Revue québécoise de droit international / Quebec Journal of International Law / Revista quebequense de derecho internacional     Open Access   (Followers: 2)
Santa Clara Journal of International Law     Open Access   (Followers: 2)
South African Yearbook of International Law     Full-text available via subscription   (Followers: 2)
South Carolina Journal of International Law and Business     Open Access   (Followers: 4)
Stanford Journal of International Law     Full-text available via subscription   (Followers: 11)
Syracuse Journal of International Law and Commerce     Open Access   (Followers: 3)
TDM Transnational Dispute Management Journal     Full-text available via subscription   (Followers: 5)
Texas International Law Journal     Full-text available via subscription   (Followers: 5)
Tilburg Law Review     Open Access   (Followers: 5)
Transnational Environmental Law     Hybrid Journal   (Followers: 5)
Uniform Law Review     Hybrid Journal   (Followers: 3)
University of Miami Inter-American Law Review     Open Access   (Followers: 1)
Utrecht Journal of International and European Law     Open Access   (Followers: 16)
Vanderbilt Journal of Transnational Law     Free   (Followers: 5)
Virginia Journal of International Law     Free   (Followers: 4)
Washington University Global Studies Law Review     Open Access   (Followers: 11)
Wisconsin International Law Journal     Free   (Followers: 4)
World Journal of VAT/GST Law     Full-text available via subscription   (Followers: 1)
World Trade and Arbitration Materials     Full-text available via subscription   (Followers: 7)
Yale Journal of International Law     Free   (Followers: 18)
Yearbook of International Environmental Law     Hybrid Journal   (Followers: 13)
Yearbook of International Humanitarian Law     Full-text available via subscription   (Followers: 7)
Yearbook of Polar Law Online     Hybrid Journal  
Zeitschrift für Außen- und Sicherheitspolitik     Hybrid Journal   (Followers: 12)
Zeitschrift für das Privatrecht der Europäischen Union - European Union Private Law Review / Revue de droit privé de l'Union européenne     Hybrid Journal   (Followers: 1)
Zeitschrift für öffentliches Recht     Hybrid Journal   (Followers: 17)
Zeitschrift für Zivilprozess International     Hybrid Journal  

           

Similar Journals
Journal Cover
Netherlands International Law Review
Journal Prestige (SJR): 0.274
Number of Followers: 22  
 
  Full-text available via subscription Subscription journal
ISSN (Print) 0165-070X - ISSN (Online) 1741-6191
Published by Springer-Verlag Homepage  [2570 journals]
  • The Process of Strengthening the Human Rights Treaty Body System: The Road
           towards Effectiveness or Inefficiency'
    • Abstract: Abstract This article attempts to provide an overall assessment of the current process of strengthening the human rights treaty body system in the light of the implementation of UN General Assembly Resolution 68/268 of 9 April 2014. While demonstrating the positive developments achieved so far, the authors examine the current challenges of the strengthening process, namely the controversial effects of the solution to the system’s under-resourcing, and the unification tendencies that aggravate the existing deficiencies in the treaty bodies’ work and pose new problems for the system’s effectiveness. Through such an examination as well as an analysis of the positions and proposals of the key stakeholders of the system and academics on the functioning of the current and future treaty body system, the authors forecast the potential outcomes of the 2020 UN General Assembly comprehensive review of the progress achieved since the adoption of Resolution 68/268. The article points to the two possible options for the future of the system: (1) the smooth fine-tuning of the resolution with prioritization being given by the treaty bodies to their activities followed by adequate support in the form of financial and human resources, (2) substantial structural changes in the system’s work through the decisions of the meetings of the States parties on amending the treaties. While arguing for the first option, the authors conclude that there is a need for a proper assessment of the current state of affairs in all segments of the system with due regard being given to the views of all stakeholders before reaching any decision on the need for further changes to be introduced in its work.
      PubDate: 2019-11-20
       
  • Primal Scene to Anthropocene: Narrative and Myth in International
           Environmental Law
    • Abstract: Abstract In recent years much jurisprudential affection has coalesced around the concept of the Anthropocene. International lawyers have enlisted among the ranks of humanities and social science authors embracing this proposed scientific time category, and putting it to work. This essay draws on sources from a range of fields including legal anthropology and critical legal theory in re-examining the reception of the Anthropocene in international law, focusing on its mythical qualities. We demonstrate how the Anthropocene both reinforces and meshes perfectly with the three narrative pillars of contemporary international environmental law: evolutionary progress; universal evaluations of nature and constructions of legal subjectivity; and legal monism. The Anthropocene, like few ideas in modern scholarship, is quite expressly a tale of origins explaining and legitimating its narrators’ place in the universe. Joining signposts such as The Tragedy of the Commons, the Myth of the Anthropocene embeds collective memories eclipsing the need to reconsider complex and contested histories in understanding the contemporary roles of law in mediating people’s relations with nature. In response, we call for a more inclusive account of environmental law that draws on diversity rather than universality, with particular sensitivity to those perspectives that are inadvertently excluded from the Anthropocene discourse.
      PubDate: 2019-11-20
       
  • Hague Case Law: Latest Developments
    • PubDate: 2019-11-11
       
  • The End of the Road: State Liability for Acts of UN Peacekeeping
           Contingents After the Dutch Supreme Court’s Judgment in Mothers of
           Srebrenica (2019)
    • Abstract: Abstract This article provides an analysis of the Dutch Supreme Court judgment in the Mothers of Srebrenica case, placing it in its context, and comparing it with earlier and related decisions, in particular the judgments in the cases of Nuhanović and Mustafić. The Mothers of Srebrenica is a foundation established to represent the interests of the approximately 6000 surviving relatives of the victims of the fall of Srebrenica during the conflict in the former Yugoslavia (1995). The foundation holds the Netherlands responsible for not having done enough to protect the victims of the Srebrenica genocide. This contribution addresses the attribution of the conduct of the United Nations peacekeeping contingent to the troop-contributing State (the Netherlands), followed by the wrongfulness of the peacekeepers’ conduct and the State’s attendant liability for damages suffered by the victims. It is argued that the Dutch State’s international responsibility was only engaged because of the exceptional circumstances present in Srebrenica at the time. In the ordinary course of events, the liability of troop-contributing States is unlikely to be engaged if the Supreme Court’s review standard were to be applied.
      PubDate: 2019-11-11
       
  • The Group Insurance Contract in Private International Law
    • Abstract: Abstract The provisions on obligations under insurance relationships included in Article 7 of the Rome I Regulation are relatively complicated. However, although individual insurance contracts have their own legal regime in each Member State, only a few national legislators have decided to lay down the consequences of concluding a group insurance agreement. The Rome I Regulation does not include any special conflict of laws rule concerning group insurance contracts, which has been criticized in the literature on the subject.
      PubDate: 2019-11-08
       
  • The Withdrawal of African States from the ICC: Good, Bad or
           Irrelevant'
    • Abstract: Abstract Since 2009, there has been a serious antiparathesis between the African Union (AU) and the International Criminal Court (ICC), which, according to the AU, has principally concerned unjustified ICC prosecutions against African dignitaries. This has led certain African ICC parties to announce their withdrawal from it, while the AU adopted the so-called ‘ICC Withdrawal Strategy’ in January 2017. This article analyses the background to and the content of the antiparathesis, it examines the consequences of the African parties’ withdrawal from the ICC as regards the large-scale impunity in Africa, and it proposes the creation of ICC regional circuit chambers as a possible solution to realign relations between the AU and the ICC. Specifically, the proposal suggests the creation of several ICC regional circuit chambers, each being responsible for the alleged crimes committed in the territory of ICC parties belonging to a specific continent. Pertinent solutions to the institutional and practical issues arising from this proposal are offered.
      PubDate: 2019-11-05
       
  • Revisiting the Matthew and Hunter Islands Dispute in Light of the Recent
           Chagos Advisory Opinion and Some Other Relevant Cases: An Evaluation of
           Vanuatu’s Claims relating to the Right to Self-Determination,
           Territorial Integrity, Unlawful Occupation and State Responsibility Under
           International Law
    • Abstract: Abstract This article examines the legal implications of the Chagos Advisory Opinion and some other relevant cases on the Matthew and Hunter Islands dispute. In doing so, the piece attempts to evaluate Vanuatu’s claims relating to the right to self-determination of the people of New Hebrides (Ni-Vans since 1980), the territorial integrity of New Hebrides/Vanuatu and the alleged unlawful occupation of the Matthew and Hunter Islands by France. First, the article submits that by transferring the administration of these islands to New Caledonia in 1976 France may have violated the territorial integrity of Vanuatu and the right to self-determination of its people. The article then considers the competing claims of sovereignty over these Islands and argues that the right to self-determination is likely to prevail over France’s claims of, inter alia, effectivités. The article submits therefore that France may be under an obligation to cease its unlawful occupation of these Islands.
      PubDate: 2019-11-05
       
  • Re-thinking the Authority of the UN Security Council to Refer Nationals of
           Non-party States to the ICC
    • Abstract: Abstract Upon its inception on 17 July 1998, Africa had the largest number of states supporting the ICC. Fast forward to 2018, Africa now represents the single largest regional bloc threatening mass withdrawal from the ICC. The genesis of the sour relationship between the ICC and African states has its roots in one main issue—the indictment and arrest warrant issued against President Omar al Bashir of Sudan. That arrest warrant raised two main legal issues—the international law immunity of sitting heads of state from criminal prosecutions in international criminal tribunals, and the legality of ICC jurisdiction over nationals of a non-party state to the Rome Statute. The former issue generated a great deal of debate in the early days of the ICC but the latter has received less attention and it is the focus of this article. One of the ways the ICC can assume jurisdiction in a certain situation is if this situation is referred to the ICC by the UN Security Council. The legal basis of such a referral under international law warrants closer examination. Some commentators argue that the UN Security Council has the authority to confer jurisdiction over nationals of non-party states on the ICC. In this article, I argue that the authority of the ICC to assume jurisdiction over nationals of a non-state party on the basis of a UN Security Council referral rests on grounds of questionable legality in international law.
      PubDate: 2019-10-25
       
  • The Crisis of International Criminal Law in Africa: A Regional Regime in
           Response'
    • Abstract: Abstract This article considers the African Union’s (AU) proposal for a regional court for international crimes under the Malabo Protocol 2014 (Protocol). It places that within the AU’s rejection of the International Criminal Court’s (ICC) arrest warrants for African Heads of States that are not party to the Rome Statute and a more general protection of incumbents. It argues that the enthusiasm for establishing a regional criminal court, which lacks jurisdiction to prosecute incumbents, has not been sustained and African states remain committed to the ICC. It shows that nevertheless the Protocol’s provisions on genocide, crimes against humanity and war crimes, although imperfect, better address the specific character of armed conflicts in Africa than current international law, including the Rome Statute of the ICC. It concludes that the regional court for international crimes is unlikely to be established unless the ICC takes further action against incumbent leaders but that the Protocol’s provisions could be used in the development of a more Africa-centric international law.
      PubDate: 2019-09-10
       
  • A Public Law View of the New Generation of FTAs
    • Abstract: Abstract This article intends to consider what the new generation of FITs might signify for our understanding of public law. Rather than modelling international public law or questioning its legitimacy derived from national public law (or one independently generated), I want to focus on a ‘public law’ thread running through all of this. The analysis here traces the transliteration of investment protection arbitration from public international law to international public law. It begins first by briefly outlining the established position of foreign direct investment protection in public international law. It then reviews the public law character claimed for investor-state arbitration, a claim which is criticised. And finally the analysis considers how those public law elements can feed ‘international public law’. This points to forms of transnational legal pluralism and I consider at the end what the implications may be for a conception of state and law.
      PubDate: 2019-09-05
       
  • Conflicting Conceptions of Constitutionalism: Investment Protection from
           the European Union and International Perspectives
    • Abstract: Abstract International investment law as it is currently being transformed in the European Union (EU) proves to be an ideal test case for assessing global constitutionalism—whether it is in fact occurring and, if so, the direction of this process. While economic rights are protected by the laws of the EU, many of these rights were protected by bilateral treaties before internal mechanisms existed. The EU is now disregarding the protections that exist outside of the normative framework of the EU treaties, resulting in conflicting ‘constitutional’ rights. Following the decision by the Court of Justice of the European Union in Achmea, the dispute resolution provisions in intra-EU investment treaties are now considered incompatible with the laws of the EU. The decision was based on ‘mutual trust’ and ‘sincere cooperation’ between the Member States, pointing to formalized constitutional values. These ideals and their reflection in the changing internal and external positions of the EU towards investor-state disputes speak to perceptions of investors’ rights, and thus imply transforming ideas of constitutionality with respect to those rights. Investment tribunals, convened under international treaties, however, have continued to uphold a different position regarding the specific rights of investors. An inevitable conflict emerges in the protection of similar rights, namely the right to certain standards of treatment and dispute resolution for private investors, revealing an incongruence in the realization of constitutional values. The following article examines more closely the incompatibility of these positions and analyses the consequences of these actions for the progression of a globally-relevant constitutionalism.
      PubDate: 2019-08-29
       
  • Global Constitutionalism and the International Legal Personality of the
           Individual
    • Abstract: Abstract It is a widespread notion, perhaps even a truism, among international legal scholars that international law went from a pre-World War II ‘States-only’ framework to the recognition of the international legal personality of individuals during the second half of the 20th century. This changed role of the individual and other non-State actors in the international legal system is a common starting point for discussions among scholars engaging with global constitutionalism. International law, so the popular narrative goes, has developed from ‘the law between States’ to ‘the law within States’, and with this development follows a constitutionalization of the international legal system. The present article challenges the basic premise of this account. It argues that the ‘States-only’ conception of international legal personality is mistakenly treated as though it provides an accurate depiction of the historical role played by individuals in positive international law, when in fact it was never more than a scholarly invention of 19th century orthodox positivists. Rather, the question of individual rights and duties under international law has always been empirical in the sense that it depends exclusively on the content of international legal norms. The article illustrates how this disconnect between theory and practice leads international constitutionalist scholars to exaggerate the impact of the increased number of international legal norms governing individuals on the overall structure of the international legal system as well as on its relationship with national legal systems.
      PubDate: 2019-08-26
       
  • The Role of Principles and General Principles in the ‘Constitutional
           Processes’ of International Law
    • Abstract: Abstract The fundamental elements of the international legal system remain subject to debate. Constitutionalism is merely the latest instalment of this continuing conversation on the very nature of international law. In this context certain foundational aspects may be labelled as the system’s ‘constitutional processes’. The primary argument presented in this article is that principles and ‘general principles of law’, two frequently overlooked categories of norms, are particularly useful tools for the enhancement of these constitutional processes. While often conflated, principles and general principles are distinct, performing different roles in the architecture of the international legal system. Renewed attention and debate on the norms beyond treaties and custom is critical for the enhancement of international law’s systemic features. Two broad examples are given in support of this claim. First, general principles of law have the potential to add substance to the notion of an international community and the role of this community in the creation of international norms. Second, the legal framework for the judicial settlement of international disputes can be rendered more robust through the use of principles and general principles of law. While attempting to redesign or reconceptualise the system, constitutionalists have failed to actually engage with the system. Yet, the popularity of the constitutionalism debate presents an opportunity to re-examine the system’s constituent norms and consider their potential to strengthen international law’s constitutional processes.
      PubDate: 2019-08-26
       
  • Global Constitutionalism: Editorial Introduction
    • PubDate: 2019-08-22
       
  • Hague Case Law: Latest Developments
    • PubDate: 2019-08-13
       
  • Tobias Asser’s Legacy: The Pertinence of the Institut de droit
           international to The Hague
    • Abstract: Abstract This article is occasioned by this year’s visit of the Institut de droit international to The Hague. It addresses the seminal role that the Institut (f. 1875) has played in advancing The Hague to its position as the ‘Judicial Capital’ and the hub of international law. In reviewing the part that Tobias Asser, the co-founder of the Institut, played in the launching of L’Oeuvre de La Haye, it stresses the critical impact of his colleagues at the Institut at all major stages: from the Conférence de La Haye (f. 1893) to the Peace Conferences and the Hague Conventions, and along the establishment of the Permanent Court of Arbitration (f. 1900), the Peace Palace and its Library to the implementation of the International Judiciary (f. 1922) and the Hague Academy of International Law (f. 1923). The article reviews the four previous Sessions of the Institut in the Netherlands (1875, 1898, 1925 and 1957) and highlights the role and record of the close to thirty Dutch internationalists who were elected to its membership. The author emphasizes the critical impact of the research body of the Institut on the development of the law and the city’s debt to the scores of members who, over the past century, have graced the arbitral panels and the benches of the International Courts, or served as lecturers at the Hague Academy. The author recommends a comprehensive study of the above tradition for 2023, when the 150th anniversary of the Institut coincides with the Centenary of the International Judiciary in The Hague.
      PubDate: 2019-08-13
       
  • In Memoriam Bert Voskuil (1929–2019)
    • PubDate: 2019-07-16
       
  • May the Force Be with You: The Legal Classification of Intervention by
           Invitation
    • Abstract: Abstract It is a truth universally acknowledged that states can consent to the military presence of other states on their territory. This is better known as intervention by invitation. Yet many issues surrounding this concept remain unclear or are too easily accepted, e.g. its name and its place within the rules of jus ad bellum. This article seeks to clarify and resolve these issues. First, an analysis is conducted into what the two terms intervention and invitation actually entail. The term intervention is contrasted with the use of force and the entire concept of intervention by invitation is differentiated from collective self-defence. It is concluded that the threshold of force has been met and thus the focus should be placed on the rules regulating this field of law, rather than the rules of non-intervention. The concept would be more aptly labelled as the use of force by invitation. Second, this article examines where intervention by invitation finds its place in relation to the prohibition of the use of force. Alternative perspectives are investigated encompassing the scope of Article 2(4) UN Charter and the circumstances precluding wrongfulness under the rules of state responsibility, of which consent is of particular relevance here. This article concludes that intervention by invitation falls outside the scope of Article 2(4) as the force is not used within international relations. The prohibition of the use of force therefore does not apply to intervention by invitation. Consequently, an action of intervention by invitation is legal.
      PubDate: 2019-04-04
       
  • S. van Hoogstraten, N. Schrijver, O. Spijkers and A. de Jongh (eds.), The
           Art of Making Peace: Lessons Learned from Peace Treaties
    • PubDate: 2019-03-21
       
  • Hague Case Law: Latest Developments
    • PubDate: 2019-03-21
       
 
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