Subjects -> LAW (Total: 1523 journals)
    - CIVIL LAW (36 journals)
    - CONSTITUTIONAL LAW (51 journals)
    - CORPORATE LAW (90 journals)
    - CRIMINAL LAW (27 journals)
    - CRIMINOLOGY AND LAW ENFORCEMENT (152 journals)
    - FAMILY AND MATRIMONIAL LAW (23 journals)
    - INTERNATIONAL LAW (190 journals)
    - JUDICIAL SYSTEMS (22 journals)
    - LAW (923 journals)
    - LAW: GENERAL (9 journals)

INTERNATIONAL LAW (190 journals)                     

Showing 1 - 190 of 190 Journals sorted alphabetically
Acta Juridica Hungarica     Full-text available via subscription   (Followers: 6)
African Journal of International and Comparative Law     Hybrid Journal   (Followers: 19)
African Yearbook of International Law Online : Annuaire Africain de droit international Online     Hybrid Journal   (Followers: 10)
Afrilex     Open Access   (Followers: 6)
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: 15)
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: 6)
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: 16)
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: 229)
European Journal of Migration and Law     Hybrid Journal   (Followers: 39)
European Labour Law Journal     Full-text available via subscription   (Followers: 17)
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  
Inter: Revista de Direito Internacional e Direitos Humanos da UFRJ     Open Access   (Followers: 1)
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: 26)
International Journal for Court Administration     Open Access   (Followers: 1)
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: 40)
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: 21)
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: 12)
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: 18)
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: 13)
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: 25)
Maryland Journal of International Law     Open Access   (Followers: 3)
Max Planck Yearbook of United Nations Law Online     Hybrid Journal   (Followers: 10)
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: 20)
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: 18)
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: 7)
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)
Revista Videre     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: 6)
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: 17)
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: 12)
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
Chicago Journal of International Law
Number of Followers: 8  
 
  Full-text available via subscription Subscription journal
ISSN (Print) 1529-0816
Published by U of Chicago Homepage  [2 journals]
  • When is Cyber Defense a Crime' Evaluating ActiveCyber Defense Measures
           Under theBudapest Convention
    • Authors: Alexandra Van Dine
      Abstract: As cyberattacks increase in frequency and intensity around the globe, private actors have turned to more innovative cyber defense strategies. For many, this involves considering the use of cutting-edge active cyber defense measures—that is, tactics beyond merely erecting firewalls and installing antivirus software that permit cyber defenders to detect and respond to threats in real time. The legality of such measures under international law is a subject of intense debate because of definitional uncertainty surrounding what qualifies as an “active” cyber defense measure. This Comment argues that active defense measures that do not rise to the level of a cybercrime are permissible under international law. Accordingly, it analyzes the Budapest Convention, the only binding international instrument related to cybercrime, and uses its definition of illegal conduct under international law to construct a “stoplight framework” to guide cyber defenders in their actions. Ultimately, this Comment concludes that cyber defenders have a “green light” to use purely passive measures, such as monitoring one’s own network traffic, because these measures are highly unlikely to involve conduct the Budapest Convention criminalizes. Active-passive measures, such as attaching code to intruders that tracks them back to their home base, can in some cases be justified under exceptions to the Convention; accordingly, cyber defenders should proceed with caution. Finally, outright active defense measures nearly always rise to the level of offense conduct under the Budapest Convention, and should not be used. This analysis provides needed clarity as to the legality of conduct in cyberspace, and provides cyber defenders with the guideposts they need to confidently innovate in today’s complex cyber landscape
      PubDate: Mon, 03 Feb 2020 09:18:11 PST
       
  • The International Human Right to Adequate Housing:An Economic Approach
    • Authors: Sahar Segal
      Abstract: International law recognizes a right to adequate housing. Affordability is one component of this right, and it is increasingly unrealized in highly concentrated cities in advanced economies. The prevailing approach to the right to adequate housing is the human rights approach, which favors government involvement in the market to reduce housing prices, for example, via rentcontrol regulations and policies that limit the use of housing as primarily an investment. This Comment notes that this approach misses the critical fact that governments are already involved in the housing market through the imposition of zoning laws. It suggests that an economic approach, which sees lack of affordability as a problem of supply and demand, is better suited to identifying obstacles to and solutions for the realization of the affordability component of the right to adequate housing. This Comment calls on the U.N. to recognize this approach and use its resources to support states’ implementation of solutions that either decrease housing demand, for example, by restricting foreign residential real estate investment, or increase housing supply, for example, by reforming zoning regulations.
      PubDate: Mon, 03 Feb 2020 09:18:08 PST
       
  • In Defense of the Special Tribunal for Lebanon and theCase for
           International Corporate Accountability
    • Authors: Osama Alkhawaja
      Abstract: In 2014, the Special Tribunal for Lebanon (“STL”) examined evolving international standards of corporate accountability and held that legal entities can be found liable for criminal conduct as a general principle of international law. Prior to this decision, and in stark contrast to trends in domestic legal regimes, no legal entity had ever been prosecuted, convicted, or sentenced in an international court. Although this marked a watershed moment in global corporate accountability mechanisms, it has had little precedential effect; scholars have argued it is because the decision lacked a valid legal basis and is limited in scope. This Comment addresses these criticisms by examining the legal and historical record informing the decision and corporate accountability in general. Furthermore, it confirms the holding that corporate accountability is a general principle of international law and explores the use of this judgment as the basis for international corporate accountability.
      PubDate: Mon, 03 Feb 2020 09:18:05 PST
       
  • What Global Human Rights Obligations Do We Have'
    • Authors: Elena Pribytkova
      Abstract: This Article explores global human rights obligations, which form the least elucidated and the most unfulfilled type of extraterritorial obligations. Global obligations represent a key legal tool for empowering the most vulnerable individuals and social groups, promoting social justice, and reducing extreme poverty and inequality worldwide. Despite their importance, global obligations have not yet received adequate legal recognition, regulation, and realization. The Article outlines the main contours of the conception of global obligations. While defending a human rights-based cosmopolitan concept of justice, it addresses issues surrounding the nature, status, content, scope, and hierarchy of moral duties towards non-compatriots and shows under which conditions and to what extent these duties should be recognized as human rights obligations of multiple actors. The Article aims to demonstrate that global obligations are morally justified human rights obligations that bind all members of the international community and require their legal regulation and implementation. It suggests a new classification of global obligations and stresses their significance for the enjoyment of guarantees of relational and distributive justice, as well as for promoting a shift from a state-centered to human-centered global order. It also seeks to uncover the interrelation between philosophical discourse, normative legal order, and legal practice. The Article explains how contemporary theories of global justice can contribute to the justification, conceptualization, allocation, and implementation of global obligations. It translates philosophical ideas into the language of law and incorporates empirical findings in relation to global obligations. At the same time, it examines whether human rights theory and practice regarding global obligations are capable of, and essential to, solving widely debated issues of global justice
      PubDate: Mon, 03 Feb 2020 09:18:02 PST
       
  • You Shall Not Pass!How the Dublin System Fueled Fortress Europe
    • Authors: Ashley Binetti Armstrong
      Abstract: t This Article examines the recent proliferation of walls and fences in Europe, fueled by the Dublin Regulation’s failure to distribute responsibility for asylum seekers equitably among European states. Legal scholarship does not lack literature bemoaning the failures of the E.U.’s Dublin Regulation—which dictates, generally, that the country where an asylum seeker first enters the E.U. is responsible for processing his or her claim for protection. Yet scholarship on border walls and fences, and what induces European states to construct them, is not prominent in the literature. The critiques lodged against the Dublin Regulation have primarily focused on its futility and unworkability. This Article argues that Dublin has failed asylum seekers in a more insidious way—by catalyzing the construction of Fortress Europe. The actions of European states during the contemporary refugee “crisis” illustrate this phenomenon particularly well. Section II of this Article examines the contours of the international principle of responsibility-sharing; a principle that is supported throughout the history of refugee law as an ideal modality for managing refugee flows. Section III provides an overview of the Dublin Regulation and how it distorts the international responsibility-sharing principle and violates E.U. law requiring “solidarity and fair sharing of responsibility” among member states. Section IV traces the proliferation of border walls and fences in Europe around the height of the recent refugee crisis, arguing that the Dublin Regulation’s failure fueled European states to erect physical border barriers. It also explores the formidable combination of physical and legal barriers and how these mechanisms violate member states’ non-refoulement obligation. Section V analyzes proposals for improving Dublin, including efforts to better protect refugee rights and achieve a more equitable sharing of responsibility for protection seekers. This Article concludes by questioning how the E.U. can move forward and uphold the right of all persons fleeing persecution to seek and enjoy asylum in Europe.
      PubDate: Mon, 03 Feb 2020 09:17:55 PST
       
  • Waste Not Want Not: Chinese Recyclable Waste Restrictions, Their Global
           Impact, and Potential U.S. Responses
    • Authors: Colin Parts
      Abstract: Since 2013 China has introduced increasingly stringent restrictions on imports of recyclables, and those restrictions have severely limited the amount of recyclables allowed into the country. Because China plays such a large role in handling global recycling flows—including waste from the U.S.—these restrictions are likely to have enormous impacts on trade in recyclables over the long term. The restrictions are potentially vulnerable to challenge within the World Trade Organization (WTO), but challenging the restrictions could create many negative impacts and be seen as an action akin to U.S. imperialism by denying China a right to a healthy environment. The domestic Chinese recyclables trade, however, has seen a great deal of economic benefit already from these restrictions—so it seems difficult to argue that any Chinese restrictions are purely motivated by a desire for a better environment. Additionally, the ongoing trade war between the U.S. and China could complicate any attempt to bring a suit. Although it is likely that the U.S. would be able to win a WTO dispute challenging the Chinese restrictions, the costs of filing a suit outweigh the benefits and the U.S. should not challenge the restrictions.
      PubDate: Thu, 05 Sep 2019 11:07:39 PDT
       
  • Enforcement Through the Network: The Network Enforcement Act and Article
           10 of the European Convention on Human Rights
    • Authors: Imara McMillan
      Abstract: This Comment explores the conflict between state-described freedom of expression and the autonomy of social media companies to regulate content on their platforms through the lens of the Network Enforcement Act, passed by Germany in 2017, and the freedom of expression clause of the European Convention on Human Rights. The Network Enforcement Act, which compels social media companies to monitor and remove content from their sites which violate certain other provisions of German law, has thrust the issues of intermediary autonomy and censorship-byproxy into the spotlight. Proponents of the law support it as a way to ensure that what is illegal offline remains illegal online. Opponents argue that the law essentially amounts to censorship, and therefore violates freedom of expression under the German constitution and a host of international treaties. This Comment finds that while the law likely does not violate freedom of expression as enumerated under Article 5 of the Basic Laws of the Republic of Germany, it may violate freedom of expression under Article 10 of the European Convention of Human Rights, in part because the law incentivizes “overblocking” which could lead to the removal of lawful speech without due process. In order to promulgate such regulations, more than one country needs to band together in order to promote safety and international security without curtailing civil rights.
      PubDate: Thu, 05 Sep 2019 11:07:28 PDT
       
  • Problems of Proof for the Ban on Female Athletes with Endogenously High
           Testosterone Levels
    • Authors: Silver Lin
      Abstract: At the time of this writing, a new International Association of Athletics Federations regulation preventing women with naturally high testosterone from competing in certain international athletics events has reignited the controversy over the male-female distinction in sports and its implications on individuals’ right to compete. A recent case filed by runner Caster Semenya and Athletics South Africa challenging this regulation before the Court of Arbitration for Sport, an arbitral tribunal that adjudicates disputes in international sports, sought to have the regulation overturned as discriminatory against women with a genetic intersex condition. Drawing on established international arbitration law, international norms in arbitrations, and relevant precedent, this Comment explores the evidentiary issues before the Court of Arbitration for Sport in Semenya’s challenge. In particular, this Comment argues that, given the high stakes of the case as well as the inequity in resources between the parties, the Court of Arbitration for Sport should have adopted unconventional rules with respect to the allocation of the burden of proof, the requisite standard of proof, and the evaluation of scientific evidence to ensure a fair hearing on the matter. The Comment ultimately concludes that the suggested changes are well within the discretion and ability of the Court of Arbitration for Sport to implement, slight challenges to the adoption of each proposed measure notwithstanding.
      PubDate: Thu, 05 Sep 2019 11:07:16 PDT
       
  • Closing the Liability Loophole: The Liability Convention and the Future of
           Conflict in Space
    • Authors: Trevor Kehrer
      Abstract: The 21st century has borne witness to an explosion of human activity of all kinds in space; but the rules that govern that activity have failed to keep pace. The extant international liability regime for damage on Earth caused by space objects has a blind spot that the original framers could not have anticipated: an object launched into space by one nation may now come under the control of another nation—or even a private actor—through cyberwarfare. Moreover, the liability regime has another problem: if an incident involving an object in space results in harm on Earth, the Liability Convention does not demand an inquiry into—or consider—the underlying cause of the incident. If such an event were to come to pass, under the current regime of international law regarding space, the state that launched the space object would assume an obligation to pay for any harm on Earth caused by that object. The consequence of this order is a paradox; one in which a state’s responsibility to pay for damage is not linked to proximate causation or its own actions, but instead to mere ownership or assistance in launching the object. Thus, wholly innocent launching states will currently foot the bill for any damage caused by unknown culprits or third parties. This is in contravention of basic principles of state responsibility and is at odds with the result anticipated by the analogous customary law of the sea. As space becomes more crowded with potentially vulnerable space objects and future conflict in space becomes more likely, this misattribution of responsibility must be corrected in order to ensure that the Liability Convention’s stated goal of creating “effective international rules and procedures concerning liability” actually strengthens international cooperation instead of undermining it.
      PubDate: Thu, 05 Sep 2019 11:07:06 PDT
       
  • What Does the CISG Have to Say About Smart Contracts' A Legal Analysis
    • Authors: Anna Duke
      Abstract: Smart contracts—contracts written into lines of code that automatically execute all or parts of an agreement—are a relatively new technology, which has raised many questions regarding their validity and formation. This Comment looks at smart contracts under the lens of the United Nations Convention on Contracts for the International Sale of Goods (CISG) and analyzes what its provisions have to say on the validity and formation of a contract. This analysis is written from the internationalist perspective, which favors applying the CISG to issues it addresses even in cases where domestic law might apply. Moreover, this Comment argues that a smart contract used as an international sales contract, which embodies an entire agreement within its code, is valid under the CISG because it can meet the formation requirements of the Convention. More specifically, such a contract can show some clear indication of the parties’ intent, and include an offer, an acceptance, and some sufficiently definite indication of the goods, price, and quantity. In addition, smart contracts have the potential to promote international trade, an outcome that is consistent with the goal of the Convention’s creation. The purpose of this analysis is to address legal issues unique to smart contracts and to reduce legal uncertainty by filling an interpretational gap regarding the CISG’s applicability to smart contracts.
      PubDate: Thu, 05 Sep 2019 11:06:57 PDT
       
  • Navigating Rough Seas: Women on Waves’ Legal Options for Overcoming
           Resistant States
    • Authors: Jennifer Bisgaier
      Abstract: Women on Waves is a Dutch nonprofit that seeks to provide women with safe abortion services and health information, as well as to raise public awareness of countries with restrictive abortion laws. One of the means through which the group achieves these goals is its ship campaigns, in which Women on Waves sails a ship to the harbor of a country with restrictive laws, and then brings local women out to international waters to give them medical abortion pills. In 2017, Guatemala expelled the group’s ship from its dock before it had the chance to fulfill its mission, claiming that Women on Waves represented a threat to public order and security. This Comment examines possible legal actions that Women on Waves and/or Guatemalan women could pursue against Guatemala following this incident, including claims based on violations of the International Covenant on Civil and Political Rights and/or the American Convention on Human Rights, as well as the right to innocent passage in the law of the sea.
      PubDate: Thu, 05 Sep 2019 11:06:47 PDT
       
  • The Persecution of Stones: War Crimes, Law’s Autonomy and the
           Co-optation of Cultural Heritage
    • Authors: Timothy William Waters
      Abstract: In 1567, a bridge was built over a river in Bosnia—a bridge widely seen as a work of great beauty. In 1993, it was destroyed in a war. What did its destruction mean' Was it a crime—and which one' An assault on culture—and whose' Between 2004 and 2017, a trial held in The Hague sought to answer these questions. The way it did—the assumptions and categories the prosecutors and judges deployed, the choices they made—tells us something important about how law operates and how it appropriates other bodies of knowledge, whether in a now-obscure Balkan conflict or on the battlefields today’s courts confront. Our inquiry begins with an interesting puzzle: why didn’t the prosecution of the Yugoslav war crimes tribunal charge the most obvious crime—destruction of an historical monument' The answer turns out to be obvious too, but the path by which that obvious answer was reached— and what happened after—was complicated in ways that tell us something even more interesting about what law does to the events and values it is supposed to serve. It also tells us something about what law can and cannot do in responding to the horrors and complexities of war. In answering questions about a cultural monument’s destruction, a war crimes tribunal, in its own, autonomous way, turned a beautiful bridge into something very different.
      PubDate: Thu, 05 Sep 2019 11:06:37 PDT
       
  • From the State of Emergency to the Rule of Law: The Evolution of
           Repressive Legality in the Nineteenth Century British Empire
    • Authors: Christopher N.J. Roberts
      Abstract: Why are contemporary laws and techniques that state authorities use to crack down on political dissent so similar across countries' This Article argues that at least part of the answer may be found by turning to colonial history. The Article has two Parts. In the first Part, the Article explores the manner in which, over the course of the nineteenth century, the British deployed various different legal and institutional approaches in response to an Irish polity that consistently refused to submit to British authority. In the second Part, the Article examines the manner in which the approaches developed in Ireland were exported to other parts of the empire, in particular to India, South Africa, and Nigeria, over the course of the late nineteenth and early twentieth centuries. Along the way, the Article considers the big picture significance of such developments relative to the nature of the rule of law. While, over time, the deployment of increasingly legalized and formalized approaches may have played a positive role insofar as they served to soften and displace the potential for more direct violence, enabled by declarations of martial law, such developments came at the cost of the incorporation of much of the repressive approach employed in contexts of emergency rule into everyday legality. Far from conflicting with the rule of law, this development represented the form in which the expansion of the rule of law primarily occurred—serving to entrench and legitimize the repressive practices in question.
      PubDate: Thu, 05 Sep 2019 11:06:27 PDT
       
  • Choose One: Gainful Employment or Religious Obedience – An Analysis
           of Samira Achbita v. G4S
    • Authors: Shane Simms
      Abstract: Freedom of religious expression is a fundamental human right that pervades both international and domestic law, yet this right is not absolute. This holds particularly true when one’s religious mandates conflict with the rights of others. This Comment explores this tension in the context of the recent ruling by the European Court of Justice in Samira Achbita v. G4S. The court ruled that an employer can establish a general policy that forbids the wearing of religious symbols and attire in the workplace because it does not constitute direct discrimination. This ruling suggests that a private employer’s right to conduct business according to his or her wishes is equally important, if not more so, to the fundamental right to manifest one’s religious beliefs. Although such policies must be facially neutral to avoid the moniker of discrimination, followers of religions with clothing mandates, such as Muslim women, are affected to a greater degree than followers of religions without such mandates, atheists, and secular individuals. This Comment considers this disparity by analyzing both European Union law and international law generally, suggesting a potential conflict between the two. International law provides broad and rigid protections for the freedom of religious expression, whereas E.U. law has developed a more granular and specific approach. This latter approach may not sufficiently protect freedom of religion as envisioned under international law.
      PubDate: Wed, 06 Feb 2019 17:38:56 PST
       
  • Striking a Grotian Moment: How the Syria Airstrikes Changed International
           Law Relating to Humanitarian Intervention
    • Authors: Michael P. Scharf
      Abstract: In the years since the 1999 North Atlantic Treaty Organization airstrikes on Serbia to prevent ethnic cleansing of the Kosovar Albanians, international law has been moving in fits and starts toward recognition of a limited right of humanitarian intervention in the absence of United Nations Security Council approval. But all the ingredients necessary for the crystallization of customary international law were not present until the April 14, 2018 United States/French/United Kingdom airstrikes on Syrian chemical weapons facilities. This Article examines the distinctive circumstances of the April 2018 airstrikes, including the context of a crisis of historic proportions, the focus on preventing the use of chemical weapons, the collectivity of the action taken, the limited targets and collateral damage, the explicit invocation of humanitarian intervention by the U.K. as the legal justification, and the U.S.’s apparent adoption of that justification. It explores whether these factors have rendered the April 2018 airstrikes a transformative event that may have changed international law concerning humanitarian intervention.
      PubDate: Wed, 06 Feb 2019 17:38:49 PST
       
  • Regulation of Initial Coin Offerings: Reconciling U.S. and E.U. Securities
           Laws
    • Authors: Philipp Maume et al.
      Abstract: In 2016, when Initial Coin Offerings (ICOs) were first introduced, financial markets, scholars, and entrepreneurs were captivated by the opportunities and challenges the technology offered. ICOs quickly became one of the hottest topics in the financial markets. They typically use blockchain technology to offer so-called “tokens” that can confer various rights to their holders. The amount of money raised via ICOs has reached $27 billion by the end of 2018. Commentators have described the ICO bonanza as a new gold rush. Nevertheless, the legal framework for ICOs remains unclear because traditional securities regulation is designed for classical securities that are traded on a stock exchange. In late 2017, the U.S. Securities and Exchange Commission (SEC) released two statements suggesting that tokens may be subject to U.S. securities regulation if they meet the requirements for an “investment contract” as laid out in the Howey test. However, regulators in Asia and Europe remain quite vague on the issue. In this Article we analyze the legal framework for ICOs in the E.U. It is our view that investment tokens (including hybrid tokens with some investment functions) are “transferable securities” under Directive 2014/65/EU on Markets in Financial Instruments. Although this definition appears to be quite different from the “investment contract” definition under U.S. law, the financial markets law of the E.U., if applied correctly, comes to results that are comparable to the outcomes of the investigations carried out by the U.S. SEC. The result would be a similar framework in two of the most vibrant regions for ICOs. It would be a first step towards a harmonized application of securities laws to ICOs, avoiding regulatory patchwork and a possible “race to the bottom.” 
      PubDate: Wed, 06 Feb 2019 17:38:41 PST
       
  • Between Reparations and Repair: Assessing the Work of the ICC Trust Fund
           for Victims Under Its Assistance Mandate
    • Authors: Anne Dutton et al.
      Abstract: The practice of international justice has made a significant shift from narrowly focused criminal accountability to a broader and more holistic understanding encompassing the totality of victims’ justice needs. In particular, international criminal justice is concerned with victims of mass atrocity crimes, whose needs are profound and whose capacities are limited by the experiences of gross and systematic violence. These needs include individual and communal capacity building to engage in criminal processes as well as remedy and repair in the aftermath of criminal procedures. The Trust Fund for Victims represents, in many ways, the epicenter of this shift in international law practice, as a unique institution that has a central role in providing both an assistance and reparations mandate under the International Criminal Court (Rome) Statute. A clear innovation of the Trust Fund’s work is its capacity to be operationalized before a criminal finding is made, providing the means to support victim survivors in situations still under investigation by the Prosecutor. In this capacity, the Trust Fund is priming and creating the conditions conducive to effective participation by victims in the Court’s work. This article addresses how well that task has been operationalized in practice by the Trust Fund. In parallel, the assessment has a wider purview by allowing a broad engagement with the challenges, complexities, and realities on the ground that shape the enforcement of reparations for victims, as well as molding institutional responses by intervenors including the Trust Fund. Given the challenges of successfully implementing reparations there is often little time or capacity to measure (as one goes along) what has worked effectively and what has not. International organizations, states, courts, and civil society have made consistent calls for evidence of success, failure, and/or the value of reparations. At the simplest level, because most human rights and humanitarian law treaties provide for the right to a remedy, assessing if remedies work in practice is critical to understanding if state obligation has, in fact, delivered. This Article provides concrete, contextual, and novel assessment of the delivery of reparations for systematic human rights violations, offering timely and relevant analysis for the International Criminal Court in particular and scholars/practitioners concerned with the conceptualization and delivery of reparations in practice. The analysis and data presented is based on unique access to the Trust Fund's operations combined with on the ground assessment of the programming for assistance and reparations in Northern Uganda. The data underpinning the research findings is singular and makes a new contribution to the literature and practice of international criminal justice.
      PubDate: Wed, 06 Feb 2019 17:38:33 PST
       
  • The Latin-American Flavor of Enforced Disappearances
    • Authors: Ariel E. Dulitzky
      Abstract: Enforced disappearances occur when persons are deprived of their liberty by state officials, organized groups, or private individuals acting on behalf of, or with the support, direct or indirect, consent, or acquiescence of the government. The deprivation of liberty is followed by a refusal to disclose the fate or whereabouts of the persons concerned or a refusal to acknowledge the deprivation of their liberty. Consequently, such persons are placed outside the protection of the law. As such, the crime and the human rights violation of enforced disappearance comprise many different types of state repression. Given this multiplicity of scenarios in which enforced disappearances take place, some insist on the danger of over-using the term enforced disappearance, highlighting the need for a definition that separates the Latin American “true” cases of disappearance from those in which the term corresponds to a popular misuse. This Article describes this strong connection between enforced disappearances and Latin America. The framework elaborated in the cases emanating from Latin American countries grounded the evolution of the very concept of enforced disappearance and the main concerns surrounding those disappearances. Additionally, Latin America is a space where the use of enforced disappearances was (and still is in some areas) widespread, but also a place which developed the most effective responses to overcome them. The second part of the Article presents Latin America as an innovator of human rights norms. As such, the Article challenges traditional understandings of the evolution of human rights. At the same time, the Latin American story shows the need to avoid a one-size-fits-all approach. This Article proposes instead to understand the Latin American influence on enforced disappearances as a normative transnational and international framework that could operate under diverse cultural and political logics, and that is necessarily conditioned by local particularities and meanings.
      PubDate: Wed, 06 Feb 2019 17:38:25 PST
       
 
JournalTOCs
School of Mathematical and Computer Sciences
Heriot-Watt University
Edinburgh, EH14 4AS, UK
Email: journaltocs@hw.ac.uk
Tel: +00 44 (0)131 4513762
 


Your IP address: 3.94.202.172
 
Home (Search)
API
About JournalTOCs
News (blog, publications)
JournalTOCs on Twitter   JournalTOCs on Facebook

JournalTOCs © 2009-