Subjects -> LAW (Total: 1528 journals)
    - CIVIL LAW (36 journals)
    - CONSTITUTIONAL LAW (51 journals)
    - CORPORATE LAW (89 journals)
    - CRIMINAL LAW (27 journals)
    - CRIMINOLOGY AND LAW ENFORCEMENT (153 journals)
    - FAMILY AND MATRIMONIAL LAW (23 journals)
    - INTERNATIONAL LAW (189 journals)
    - JUDICIAL SYSTEMS (22 journals)
    - LAW (929 journals)
    - LAW: GENERAL (9 journals)

INTERNATIONAL LAW (189 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: 25)
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: 1)
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: 17)
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)
Belli Ac Pacis : Jurnal Hukum Internasional     Open Access   (Followers: 1)
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: 19)
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: 235)
European Journal of Migration and Law     Hybrid Journal   (Followers: 38)
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: 13)
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: 11)
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: 26)
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: 62)
International Journal of Law, Policy and the Family     Hybrid Journal   (Followers: 20)
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: 23)
International Planning Studies     Hybrid Journal   (Followers: 7)
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: 79)
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 Dispute Settlement     Hybrid Journal   (Followers: 17)
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: 10)
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: 37)
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: 17)
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: 2)
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: 8)
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
Max Planck Yearbook of United Nations Law Online
Number of Followers: 10  
 
  Hybrid Journal Hybrid journal (It can contain Open Access articles)
ISSN (Print) 1389-4633 - ISSN (Online) 1875-7413
Published by Brill Academic Publishers Homepage  [229 journals]
  • Preliminary Material
    • Authors: Editors Max Planck Yearbook of United Nations Law Online
      Abstract: Source: Volume 20, Issue 1, pp I - XX
      PubDate: 2017-08-29T00:00:00Z
       
  • The Interpretation of Security Council Resolutions, Revisited
    • Authors: Michael Wood
      First page: 1
      Abstract: Source: Volume 20, Issue 1, pp 1 - 35This article first considers whether there is any general theory of interpretation in international law. After revisiting the way in which Security Council resolutions are drafted, it reviews developments in regard to the interpretation of Security Council resolutions, including controversies, case-law, and writings. Also considered is the relevance to the subject of the Dutch and United Kingdom Iraq inquiries. The conclusions re-examine, and largely confirm, the approach taken in an article published in 1998.
      PubDate: 2017-08-29T00:00:00Z
       
  • The Work of the Commission on the Limits of the Continental Shelf: Current
           Accomplishments and Challenges on the Verge of Its 20th Anniversary
    • Authors: Paula M. Vernet
      First page: 36
      Abstract: Source: Volume 20, Issue 1, pp 36 - 702017 marks the 20th anniversary of the Commission on the Limits of the Continental Shelf (CLCS), in coincidence with its 43rd session. This session has been the last before the expiration of the term of office of its current members. Elections were held in June. During this five year period, the CLCS faced great challenges: the workload of the Commission increased dramatically, stays in New York became longer, conditions of work became an issue; the complexity of the Submissions required new interpretations and more time for their consideration; new revised Submissions were made and brought new alterations in the order of Submissions on the list waiting to be analysed. This article provides some views on the work carried out by the CLCS following the election of members of the Commission at the twenty-second Meeting of States Parties to the United Nations Convention on the Law of the Sea, held in June 2012, up to December 2016, in an attempt to assess the accomplishments and challenges of the last five years.
      PubDate: 2017-08-29T00:00:00Z
       
  • Marine Genetic Resources in Areas beyond National Jurisdiction: Issues
           with, in and outside of UNCLOS
    • Authors: Natalie Y. Morris-Sharma
      First page: 71
      Abstract: Source: Volume 20, Issue 1, pp 71 - 97The negotiations for a new international legally binding instrument under UNCLOS, on marine biological diversity in areas beyond national jurisdiction, has brought to the fore interesting questions over the applicable regime for marine genetic resources, including issues of benefit sharing. This article examines the different principles that have been suggested as applying to marine genetic resources, as well as suggestions of middle-of-the-way approaches. The freedom of the high seas, common heritage of mankind, common concern of humankind, Part xiii of UNCLOS on marine scientific research, and the Nagoya Protocol, are reflected on in turn. Brief reflections are also offered on the matter of intellectual property rights. This article recognizes the need for coherence with the existing UNCLOS regimes that apply to the areas beyond national jurisdiction, whilst taking into account the specific characteristics of marine genetic resources. There is potential utility in distilling means by which the seemingly diametrically opposed notions in Part vii and Part xi of UNCLOS may overlap. Perhaps the best point of entry for successful navigation of the issues is through the regime for marine scientific research, appropriately informed by other experiences, other existing agreements, and related regimes. Ultimately, the new implementing agreement, like its parent treaty (UNCLOS), will need to maintain a balance of interests.
      PubDate: 2017-08-29T00:00:00Z
       
  • Non-discrimination, Accommodation, and Intersectionality under the CRPD:
           New Trends and Challenges for the UN Human Rights System
    • Authors: Wiebke Ringel
      First page: 98
      Abstract: Source: Volume 20, Issue 1, pp 98 - 130On 3 May 2008, the Convention on the Rights of Persons with Disabilities (CRPD) entered into force. The CRPD is the first human rights treaty adopted by the UN General Assembly in the 21st century. It is also the first binding international law instrument that specifically and comprehensively addresses disability from a human rights perspective. Building on existing UN human rights treaties, the CRPD aims to strengthen the effective enjoyment of all human rights by persons with disabilities. Specifically, the new convention seeks to remedy the neglect and marginalization of the rights of persons with disabilities not just at the national level but also at the international level, most notably within the UN treaty system. In this regard, the new convention endorses innovative and new approaches relating to, inter alia, the notions of disability, nondiscrimination, and intersectionality. This article analyses selected emerging key issues, including the principle of reasonable accommodation and the intersectionality of disability and gender. A specific focus will be on the emerging jurisprudence of the responsible treaty body, the UN Committee on the Rights of Persons with Disabilities. While some of the aspects discussed may appear to primarily arise under a disability-specific perspective, it is suggested that they could potentially provide an impetus to advance the UN human rights system in general, beyond the context of disability.
      PubDate: 2017-08-29T00:00:00Z
       
  • The Realization of the Ethical Mandate of UNESCO in 2015 and in 2016
    • Authors: Fruzsina Molnár-Gábor
      First page: 131
      Abstract: Source: Volume 20, Issue 1, pp 131 - 149UNESCO has fulfilled its ethical mandate in 2015 and in 2016 foremost by standard-setting activities within its various ethics committees. The IBC’ and IGBC’S work focused on the principle of benefit sharing, on the update of IBC’S reflection on the issues of the human genome and human rights as well as on big data in health care and health research and on bioethical questions arising from conditions of refugees and migrants. In the meantime, COMEST has concentrated its efforts on climate change and on elaborating on a post-2015 agenda for the context of science, technology and society as well as on the ethics of water and oceans and the ethics of robotics. Common feature of the standard-setting work of these bodies in 2015 and 2016 remains that UNESCO establishes a strong link between bioethical principles and the human rights framework. However, the developed global principles in different areas have again not resulted in a declaratory standard-setting and thus remain beyond any factual binding force of the already established three international and universal declarations of UNESCO in the field of bioethics. Although an intensified cooperation between the different bodies can be observed, it remains to be seen, which results the external auditing of the work of UNESCO brings about on the issue of governance within the organization.
      PubDate: 2017-08-29T00:00:00Z
       
  • The Complexities of the Gravity Threshold in the International Criminal
           Court: A Practical Necessity or an Insidious Pitfall'
    • Authors: Ghazia Popalzai; Hiba Thobani
      First page: 150
      Abstract: Source: Volume 20, Issue 1, pp 150 - 169The issue addressed in this article is whether and to what extent the gravity thres-hold in the Rome Statute serves its purpose in determining case admissibility to the ICC. To answer this question, the article analyses the problems and pitfalls inherent in the concept and drafting of the threshold. These problems include, (1) the lack of a definition for the term ‘gravity’ and the difficulty of drafting a definition, (2) the problems associated with using the threshold as a justification for choosing some cases over others, (3) the overlap with the ICC’S subject matter jurisdiction and (4) the loose justiciability of the Prosecutor’s discretion in case selection.
      PubDate: 2017-08-29T00:00:00Z
       
  • The Status and Criminal Accountability of Members of Formed Police Units:
           Conflicting Positions, Current and Future Prospects
    • Authors: Zsuzsanna Deen-Racsmány
      First page: 170
      Abstract: Source: Volume 20, Issue 1, pp 170 - 212Introduced in 1999, formed police units (FPUS) constitute a relatively recent invention in the history of UN peacekeeping. Yet, currently more than 10,000 individuals are deployed in such units. Their members are un civilian police officers but – like military personnel – they may be given executive mandates. Consequently, (the optimal regulation of) their legal position (i.e. whether equivalent to that of military members of national contingents or of UN experts on mission) and (of) their criminal accountability (i.e. exclusive contributing State jurisdiction and/or permissibility of host State criminal jurisdiction) have been a subject of prolonged disagreement. The legal-political struggle between the UN Secretariat (Office of Legal Affairs) and the Special Committee on Peacekeeping Operations concerning these issues has triggered important clarifications of the existing rules and led to revisions of legal instruments, including the most recent amendments to the UN Model Memorandum of Understanding.Through a study of this process, the present article aims to clarify the legal status and criminal accountability of FPU officers, as well as to predict the stability of the current legal status quo. In addition, the analysis of these issues provides valuable insights into the relevant practice of and priorities within the UN and among troop and police contributing countries. It thus even helps assess chances that military members of national contingents may in the future be subjected to the criminal jurisdiction of host States. Last but not least, the study highlights the importance of accurate and up-to-date information.
      PubDate: 2017-08-29T00:00:00Z
       
  • Autonomy and Accountability of the UN in Peacekeeping Operations: The Case
           of the Central African Republic
    • Authors: Ginevra Le Moli
      First page: 213
      Abstract: Source: Volume 20, Issue 1, pp 213 - 238This article explores the tension between autonomy and accountability of international organizations with a focus on the role of the United Nations in the context of peacekeeping operations. What triggered the interest in this particular matter was the recent failure by the UN in the Central African Republic to prevent and respond to allegations of sexual exploitation and/or abuse crimes committed by UN peacekeepers.A more theoretical analysis of the meaning of autonomy in the law of international organizations will be followed by a practical examination of issues of accountability and existing mechanisms to address them. The assessment of the current legal and judicial framework is followed by a further exploration of the main challenges and possible alternative solutions to bridge the gap between two mutually constitutive concepts. The primary (and modest) purpose of this analysis is to attempt to plant legal seeds that can not only grow into an ethical and accountable culture within the un but also be instrumental in preventing abuses and be strong enough to remain in place when the public spotlight on crimes has been turned off.
      PubDate: 2017-08-29T00:00:00Z
       
  • Transnational Criminal Investigations in Cyberspace: Challenges to
           National Sovereignty
    • Authors: Ulrich Sieber; Carl-Wendelin Neubert
      First page: 239
      Abstract: Source: Volume 20, Issue 1, pp 239 - 321The internet has become a major place of business for criminals. Due to the properties of cyberspace, crime committed on or by means of the internet is typically transnational in nature. This poses a significant obstacle for law enforcement authorities. As a rule, transnational exercise of enforcement jurisdiction traditionally constitutes a violation of another State’s territorial sovereignty. But do the same rules apply in the ‘global cyberspace'’This article examines the applicability of the principle of territorial sovereignty in cyberspace. It rejects solutions that treat cyberspace as a common good and argues that transborder online criminal investigations infringe the territorial sovereignty of the State where the accessed data are located. Consequently, the analysis assesses justifications for such infringements on the basis of international treaty law, customary international law, and circumstances precluding wrongfulness. For the most intricate cases of loss of location, the analysis develops a carefully delimited, new solution based on the principle of necessity. The article also sheds light on future perspectives and advocates for a ‘cooperative cyberspace’ of investigators to counterbalance the unfettered global cyberspace of perpetrators.
      PubDate: 2017-08-29T00:00:00Z
       
  • Regulatory Safeguards in Mega-regionals against Sovereignty Loss
    • Authors: Christian Riffel
      First page: 322
      Abstract: Source: Volume 20, Issue 1, pp 322 - 366Trade and investment agreements are disputed because they limit the regulatory autonomy of national legislatures of participating countries. This is particularly true of mega-regionals given their expanded scope. On that account, negotiators build safe-guards into the agreements with a view to containing the intrusion into the national legal order. The debate revolves around whether the envisaged safeguards are sufficient to achieve that goal or whether, de lege ferenda, more needs to be done to find the right power balance. The present essay, first of all, elucidates the extent of sovereignty loss as a result of mega-regionals, and secondly, explores some options to secure policy space for national lawmakers, such as the use of broader exception clauses or the setting of guidelines for the calculation of damages.
      PubDate: 2017-08-29T00:00:00Z
       
  • South China Sea Arbitral Awards: Main Findings and Assessment
    • Authors: Jin-Hyun Paik
      First page: 367
      Abstract: Source: Volume 20, Issue 1, pp 367 - 407The South China Sea arbitration was an unusual case involving many intricate legal and factual issues. The proceedings were both procedurally and substantively complex. In addition, the arbitration was marred from the beginning by China’s refusal to participate in the proceedings. Nevertheless, an arbitral tribunal was constituted in accordance with Annex vii to the UN Convention on the Law of the Sea. Once constituted, the Tribunal was able to conduct the proceedings expeditiously while assuring procedural fairness to both parties. The arbitral proceedings, which lasted three and half years since its initiation by the Philippines in January 2013, eventually produced two voluminous Awards. Both Awards were decided unanimously. The Awards marked an important milestone in terms of clarifying various provisions of the Convention. In particular, the Tribunal clarified the relationship between the Convention and prior historic rights that are at variance with its Convention. The Tribunal also undertook an unprecedented task in determining how Art. 121 (3) of the Convention should be interpreted and applied. The Tribunal took a broad and proactive approach towards the scope of the marine environment as well as that of the obligation of States to protect the marine environment. The Awards, however, are not free of controversy. Questions can be raised as to several aspects of the Awards. The Awards would have implications that go far beyond the immediate dispute. For the dispute between the Philippines and China, it remains to be seen whether the Awards, by addressing some of the most contentious legal issues, would help the Parties to find a constructive solution to their dispute in the South China Sea.
      PubDate: 2017-08-29T00:00:00Z
       
  • Protection Gaps and Temporary Protection
    • Authors: Meltem Ineli-Ciger
      First page: 408
      Abstract: Source: Volume 20, Issue 1, pp 408 - 435The Convention relating to the Status of Refugees (the 1951 Convention) does not address all the challenging questions posed by contemporary forced migration. The 1951 Convention does not deal with persons fleeing armed conflict, admission and large-scale movement of forced migrants in a clear and comprehensive manner. In addition to this, restrictive interpretation of the refugee definition provided in Art. 1 A (2) of the 1951 Convention by State authorities, popularity of non-entrée policies and the absence of solidarity in response to large-scale forced migration movements create protection gaps. A number of initiatives have been adopted at the national, regional and international level to remedy these gaps and one of them is temporary protection. This article focuses on protection gaps and temporary protection. The first part of the article explores the extent to which the 1951 Convention deals with persons fleeing armed conflict, admission and mass-influx situations, and it seeks to clarify the reason why there are protection gaps concerning these issues. Building on this analysis, the second part of the article defines temporary protection by reviewing temporary protection policies in Turkey, the United States and the European Union and it explores to what extent temporary protection regimes can remedy protection gaps and provide effective protection to forced migrants.
      PubDate: 2017-08-29T00:00:00Z
       
  • Prisoners Dilemma: Ascertaining and Augmenting the Multinational NIAC
           Detention Regime
    • Authors: Yateesh Begoore
      First page: 436
      Abstract: Source: Volume 20, Issue 1, pp 436 - 458While International Humanitarian Law (IHL) contains a comprehensive framework of rules and procedural protections for detainees in international armed conflicts (IACS), there is a conspicuous absence of such rules and protections for detainees in the case of non-international armed conflicts (NIACS). In fact, as the recent Serdar Mohammad v. Ministry of Defence case pointed out, the rules pertaining to NIACS make no mention of detention authority at all, leading some scholars to conclude that International Human Rights Law (IHRL), and not IHL, governs NIAC detention.Contrarily, this paper contends that not only does IHL govern (as well as grant authority for) NIAC detentions, the regime’s shortcomings regarding procedural safe-guards and treatment standards may be remedied through the application of the Copenhagen Process Principles – as evolutive interpretation or interpretation based on subsequent agreement – to Common Art. 3 of the Geneva Conventions.
      PubDate: 2017-08-29T00:00:00Z
       
  • Key Legal and Political Developments at the United Nations in 2016
    • Authors: Tilmann J. Röder; Maximilian Spohr
      First page: 459
      Abstract: Source: Volume 20, Issue 1, pp 459 - 533
      PubDate: 2017-08-29T00:00:00Z
       
  • Impartiality and Independence of Arbitrators in International Arbitration:
           Issue Conflicts as Grounds for Disqualification with Special Regard to
           ICSID Arbitrations
    • Authors: Pablo Agustín Alonso
      First page: 535
      Abstract: Source: Volume 20, Issue 1, pp 535 - 601The grounds for disqualification of arbitrators provided by most arbitration rules refer to the relationships of arbitrators with the parties or the subject matter of the dispute – i.e., issue conflicts. However, some of those rules used to be vague or unclear, which resulted in incomplete arbitrators’ disclosures, unfunded challenge requests and awards that lacked homogeneity. Following a case-study research method, the paper focuses on the ICSID investor-State dispute settlement mechanism. It analyses and compares the ICSID Convention and Arbitration Rules, the UNCITRAL Arbitration Rules and the IBA Guidelines on Conflicts of Interest in light of challenge awards. The paper stresses the relevance of arbitrators’ disclosure duty and the importance of clearly defining the scope and content of ‘impartiality’ and ‘independence’ as a guidance for parties and deciding authorities when raising or deciding upon a challenge request. In particular, the study aims to show how international investment arbitrations deal with issue conflicts as grounds for disqualification, by analyzing their main causes: multiple appointments of arbitrators, similar legal issues to be decided and permission to serve both as counsel and arbitrator.
      PubDate: 2017-08-29T00:00:00Z
       
  • Charles Fombad (ed.): Separation of Powers in African Constitutionalism
           (Stellenbosch Handbooks in African Constitutional Law, Oxford: oup 2016),
           512 pages, isbn 978-0-19-875979-9
    • Authors: Daniel Heilmann
      First page: 603
      Abstract: Source: Volume 20, Issue 1, pp 603 - 609
      PubDate: 2017-08-29T00:00:00Z
       
  • Cameron S.G. Jefferies: (Oxford: oup 2016), xii + 401 pages
    • Authors: Johannes Fuchs
      First page: 610
      Abstract: Source: Volume 20, Issue 1, pp 610 - 616
      PubDate: 2017-08-29T00:00:00Z
       
 
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