Subjects -> LAW (Total: 1584 journals)
    - CIVIL LAW (38 journals)
    - CONSTITUTIONAL LAW (52 journals)
    - CORPORATE LAW (93 journals)
    - CRIMINAL LAW (28 journals)
    - CRIMINOLOGY AND LAW ENFORCEMENT (155 journals)
    - FAMILY AND MATRIMONIAL LAW (24 journals)
    - INTERNATIONAL LAW (191 journals)
    - JUDICIAL SYSTEMS (23 journals)
    - LAW (970 journals)
    - LAW: GENERAL (10 journals)

INTERNATIONAL LAW (191 journals)                     

Showing 1 - 191 of 191 Journals sorted alphabetically
Acta Juridica Hungarica     Full-text available via subscription   (Followers: 6)
African Journal of International and Comparative Law     Hybrid Journal   (Followers: 20)
African Yearbook of International Law Online : Annuaire Africain de droit international Online     Hybrid Journal   (Followers: 9)
Afrilex     Open Access   (Followers: 7)
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: 68)
American University International Law Review     Open Access   (Followers: 12)
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: 16)
Annual Survey of International & Comparative Law     Open Access   (Followers: 16)
Antitrust Chronicle - Competition Policy International     Full-text available via subscription   (Followers: 7)
Anuario Colombiano de Derecho Internacional     Open Access  
Anuario de Derechos Humanos     Open Access  
Anuario Español de Derecho Internacional     Full-text available via subscription   (Followers: 2)
Anuario español de derecho internacional privado     Partially Free  
Anuario Iberoamericano de Derecho Internacional Penal     Open Access   (Followers: 2)
Anuario Mexicano de Derecho Internacional     Open Access   (Followers: 1)
Arbitration International     Full-text available via subscription   (Followers: 20)
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: 23)
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: 2)
Berkeley Journal of International Law     Open Access   (Followers: 24)
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: 37)
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: 6)
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: 6)
Corporate Governance An International Review     Hybrid Journal   (Followers: 17)
Criterios     Open Access  
Denver Journal of International Law and Policy     Full-text available via subscription   (Followers: 5)
Deusto Journal of Human Rights     Open Access   (Followers: 1)
Duke Journal of Comparative & International Law     Open Access   (Followers: 17)
European Business Law Review     Full-text available via subscription   (Followers: 17)
European Company Law     Full-text available via subscription   (Followers: 14)
European Foreign Affairs Review     Full-text available via subscription   (Followers: 34)
European Journal for Security Research     Hybrid Journal   (Followers: 2)
European Journal of International Law     Hybrid Journal   (Followers: 246)
European Journal of Migration and Law     Hybrid Journal   (Followers: 37)
European Labour Law Journal     Full-text available via subscription   (Followers: 18)
European Political Science     Hybrid Journal   (Followers: 43)
European Property Law Journal     Hybrid Journal   (Followers: 8)
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: 14)
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: 50)
Houston Journal of International Law     Full-text available via subscription   (Followers: 5)
ICSID Review : Foreign Investment Law Journal     Hybrid Journal   (Followers: 11)
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: 273)
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: 29)
International Journal for Court Administration     Open Access   (Followers: 1)
International Journal for the Semiotics of Law     Hybrid Journal   (Followers: 7)
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: 29)
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: 64)
International Journal of Law, Policy and the Family     Hybrid Journal   (Followers: 20)
International Journal of Nuclear Law     Hybrid Journal   (Followers: 5)
International Journal of Political Economy     Full-text available via subscription   (Followers: 18)
International Journal of Private Law     Hybrid Journal   (Followers: 10)
International Journal of Public Law and Policy     Hybrid Journal   (Followers: 12)
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: 26)
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: 13)
International Security     Hybrid Journal   (Followers: 83)
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: 15)
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: 9)
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: 5)
Journal of Migration and Refugee Issues, The     Full-text available via subscription   (Followers: 34)
Journal of Private International Law     Hybrid Journal   (Followers: 7)
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: 17)
Korean Journal of International and Comparative Law     Hybrid Journal   (Followers: 2)
Law and Practice of International Courts and Tribunals     Hybrid Journal   (Followers: 22)
Legal Issues of Economic Integration     Full-text available via subscription   (Followers: 13)
Leiden Journal of International Law     Hybrid Journal   (Followers: 42)
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: 27)
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: 18)
Michigan State International Law Review     Open Access   (Followers: 6)
Netherlands International Law Review     Full-text available via subscription   (Followers: 21)
Netherlands Yearbook of International Law     Full-text available via subscription   (Followers: 16)
New Zealand Journal of Public and International Law     Full-text available via subscription   (Followers: 15)
New Zealand Yearbook of International Law, The     Full-text available via subscription   (Followers: 10)
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: 10)
Penn State Journal of Law & International Affairs     Open Access   (Followers: 4)
Polar Journal     Hybrid Journal   (Followers: 4)
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: 3)
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)
SASI     Open Access   (Followers: 6)
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: 12)
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: 4)
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: 9)
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: 18)
Zeitschrift für Zivilprozess International     Hybrid Journal  

           

Similar Journals
Journal Cover
European Journal of International Law
Journal Prestige (SJR): 0.694
Citation Impact (citeScore): 1
Number of Followers: 246  
 
  Hybrid Journal Hybrid journal (It can contain Open Access articles)
ISSN (Print) 0938-5428 - ISSN (Online) 1464-3596
Published by Oxford University Press Homepage  [412 journals]
  • Editorial: Gender in Academic Publishing; The Legality of the Israeli
           Annexation – Redux; In This Issue
    • Pages: 387 - 403
      PubDate: Mon, 21 Sep 2020 00:00:00 GMT
      DOI: 10.1093/ejil/chaa058
      Issue No: Vol. 31, No. 2 (2020)
       
  • What Is Wrong with Investment Arbitration' Evidence from a Set of
           Behavioural Experiments
    • Authors: Marceddu M; Ortolani P.
      Pages: 405 - 428
      Abstract: AbstractInvestment arbitration has attracted growing criticism both in academia and in the general political debate. The system has been criticized by groups and stakeholders with very different agendas – from academics to anti-globalization activists, from alt-right groups to policy-makers. While sharing a common aversion to such dispute resolution mechanism, these groups do not generally take the same viewpoints, and the same type of criticism could originate from different political and theoretical underpinnings. The current efforts to reform investor-state dispute settlement, undertaken both by the European Union and by the United Nations Commission on International Trade Law, constitute to a large extent an attempt to respond to the aforementioned public criticism. However, in spite of the growing importance of the topic in the public debate, reform discussions have been predominantly, if not exclusively, focused on states and their roles in, and their expectations towards, investment arbitration. Public opinion, conversely, remains largely overlooked. To fill this gap, this research devises an experimental approach to understand the roots of public criticism(s) against investment arbitration. In so doing, it aims to generate a constructive, timely and accessible empirical analysis of the theoretical underpinnings of ISDS criticisms, providing an integrated guide to one of the most heated debates in international economic law today. The main purpose is to understand which are the points of friction (real or perceived) that trigger public criticism against investment arbitration and, in the light of this information, whether this dispute resolution mechanism should be maintained in its current form, partially reformed or rejected entirely. To this end, the article presents the results of the first-ever set of behavioural experiments concerning ISDS and public opinion.
      PubDate: Mon, 21 Sep 2020 00:00:00 GMT
      DOI: 10.1093/ejil/chaa029
      Issue No: Vol. 31, No. 2 (2020)
       
  • Unreliable Protection: An Experimental Study of Experts’ In Bello
           Proportionality Decisions
    • Authors: Statman D; Sulitzeanu-Kenan R, Mandel M, et al.
      Pages: 429 - 453
      Abstract: The proportionality principle is an international humanitarian law requirement intended to constrain the use of military force in order to protect civilians in armed conflicts. This research experimentally assesses the reliability of its application by legal and moral experts (in 11 countries), by military officers (in two countries) and by laypeople. Reliability was evaluated according to three criteria: inter-expert convergence; sensitivity to relevant factors; and robustness – relative (lack of) susceptibility to biases. Unlike laypeople, experts and military officers performed well on the sensitivity criterion and manifested an appropriate understanding of the principle at the abstract level. However, both groups of experts failed to reach reasonable judgment convergence. These findings cast doubt on the reliability of the protection provided to civilians during warfare, even when warring parties attempt to abide by the proportionality principle.
      PubDate: Mon, 21 Sep 2020 00:00:00 GMT
      DOI: 10.1093/ejil/chaa039
      Issue No: Vol. 31, No. 2 (2020)
       
  • The Case of Female Perpetrators of International Crimes: Exploratory
           Insights and New Research Directions
    • Authors: Ferizović J.
      Pages: 455 - 488
      Abstract: AbstractAlthough conflicts are often considered to be an exclusively male domain, historical records of conflicts throughout the 20th century show that women also actively participate in warfare – not only as peace activists, humanitarian workers, health care providers, politicians and soldiers but also as perpetrators of crimes. Nevertheless, the participation of women in the commission of international crimes, such as war crimes, crimes against humanity and genocide, has long been considered an anomaly that falls beyond the ‘normal’ scope of conflict-related criminality. Consequently, this topic has been deemed marginal in scholarly circles and, until recently, has remained significantly under-researched. This article contributes to the existing research by presenting an original analysis of the characteristics of conflict-related criminality among women and of criminal prosecutions of female perpetrators of international crimes in modern conflicts, primarily focusing on World War II, and the wars in Bosnia and Herzegovina and Croatia. It further offers a first systematic overview and analysis of domestic trials of women prosecuted for international crimes before the courts in Bosnia and Herzegovina, Croatia and Serbia.
      PubDate: Mon, 21 Sep 2020 00:00:00 GMT
      DOI: 10.1093/ejil/chaa037
      Issue No: Vol. 31, No. 2 (2020)
       
  • On Theorizing International Organizations Law: Editors’ Introduction
    • Authors: Klabbers J; Sinclair G.
      Pages: 489 - 496
      Abstract: AbstractThis short article introduces a symposium on the intellectual history of international organizations law, which focuses on the contributions of six international lawyers: Henry G. (Hein) Schermers, Clarence Wilfred Jenks, Paul Reuter, Louis Sohn, Georges Abi-Saab and Hans Kelsen.
      PubDate: Mon, 21 Sep 2020 00:00:00 GMT
      DOI: 10.1093/ejil/chaa043
      Issue No: Vol. 31, No. 2 (2020)
       
  • Autorité oblige: The Rise and Fall of Hans Kelsen’s Legal Concept of
           International Institutions
    • Authors: von Bernstorff J.
      Pages: 497 - 523
      Abstract: AbstractHans Kelsen and his Vienna School in International Law developed a highly original legal concept of international institutions. It originated in the Interbellum and aimed at bolstering the new institutional structures created in the League era by promoting egalitarian legal structures and strong judicial controls of both member states and the organs of the institution. Against the background of this new approach to international organization, Kelsen, after World War II, developed a first and particularly harsh critique of the UN Charter.
      PubDate: Mon, 21 Sep 2020 00:00:00 GMT
      DOI: 10.1093/ejil/chaa045
      Issue No: Vol. 31, No. 2 (2020)
       
  • C. Wilfred Jenks and the Futures of International Organizations Law
    • Authors: Sinclair G.
      Pages: 525 - 542
      Abstract: AbstractThis article situates C. Wilfred Jenks as a central figure in the emergence and development of the law of international organizations. Deeply informed by his work as a legal advisor at the International Labour Organization (ILO), Jenks’ scholarly writings during and immediately after World War II established a basis for, and elaborated the details of many aspects of, classical international organizations law. Moreover, the article argues that Jenks’ oeuvre also articulated a number of insights and approaches that, in retrospect, may be read as suggesting a series of alternative futures for international organizations law. By examining Jenks’ foundational works on international organizations law, therefore, the article seeks to recover aspects of Jenks’ thinking that might have led – and might still lead – the field to explore different paths.
      PubDate: Mon, 21 Sep 2020 00:00:00 GMT
      DOI: 10.1093/ejil/chaa030
      Issue No: Vol. 31, No. 2 (2020)
       
  • Functionalism According to Paul Reuter: Playing a Lone Hand
    • Authors: Lagrange E.
      Pages: 543 - 564
      Abstract: AbstractThe true designer of the High Authority of the European Coal and Steel Community (ECSC) might have been a French professor of international law, Paul Reuter (1911–1990). Then working in the shadow of Jean Monnet, he became one of the leading experts in public international law in France from the late 1950s on and also served on the International Law Commission. It was not his style to develop a fully-fledged theory of functionalism, but he paid the utmost attention to the ‘functions’ of international organizations. While demonstrating a certain reluctance towards some consequences associated with functionalism, he expressed no disdain for a lite version of ‘constitutionalism’. Discretely, Reuter outlined a balancing between ‘functionalism’ and ‘constitutionalism’. He more insistently elaborated on the respective role of experts and policy-makers.
      PubDate: Mon, 21 Sep 2020 00:00:00 GMT
      DOI: 10.1093/ejil/chaa040
      Issue No: Vol. 31, No. 2 (2020)
       
  • Schermers’ Dilemma
    • Authors: Klabbers J.
      Pages: 565 - 582
      Abstract: AbstractThis article, part of the symposium on ‘theorizing international organizations law’, discusses the work (and a little of the life and influence) of Henry G. (Hein) Schermers, arguably the leading functionalist international organizations lawyer of the post-war era. The article discusses how Schermers’ work solidified and consolidated functionalism and unwittingly laid bare its ‘Achilles heel’. Confronted with the growing popularity of human rights and keenly devoted to human rights, Schermers faced a dilemma when the possible responsibility of international organizations for human rights violations came up – a dilemma his functionalism was unable to solve. Therewith, zooming in on Schermers’ handling of the dilemma confirms that functionalist international organizations law is unable to address the responsibility of international organizations towards third parties. International organizations law will need to find different theoretical resources in order to come to terms with responsibility.
      PubDate: Mon, 21 Sep 2020 00:00:00 GMT
      DOI: 10.1093/ejil/chaa031
      Issue No: Vol. 31, No. 2 (2020)
       
  • Louis Sohn’s Legacy
    • Authors: Johnstone I.
      Pages: 583 - 600
      Abstract: AbstractLouis Sohn was an émigré scholar who fled Poland for the USA in 1939, two weeks before the Nazis invaded. His most widely known work is World Peace through World Law, co-written with Grenville Clark, a vision for a reconstructed United Nations. Writing at a time when political realism was ascendant in the USA, Sohn was labeled an ‘idealist’. Yet a strain of pragmatism also runs through his scholarship, leading many to praise him as one of the architects of modern international law. As a scholar-practitioner with a mission to help build the post-World War II international order, little overt legal theorizing appears in his work. But a close reading reveals ideas that drew implicitly on extant theory or were developed by later theorists without reference to Sohn’s writing. To help frame the analysis, this article situates Sohn’s writing in two strands of theoretical literature: pre-positivist, positivist and ‘post-positivist’ approaches to law-making by international organizations; and functionalist, constitutionalist and deliberative approaches to the powers of, and constraints on, those organizations. Sohn does not fall neatly into any of those categories; instead, fragments of his work can be found at many points along each spectrum. While the fragments do not add up to a coherent whole, the theoretical contributions of this ‘pragmatic idealist’ are greater than meets the eye.
      PubDate: Mon, 21 Sep 2020 00:00:00 GMT
      DOI: 10.1093/ejil/chaa046
      Issue No: Vol. 31, No. 2 (2020)
       
  • Organizing Internationally: Georges Abi-Saab, the Congo Crisis and the
           Decolonization of the United Nations
    • Authors: Özsu U.
      Pages: 601 - 619
      Abstract: AbstractWhy and how have ‘Third World’ international lawyers engaged with the law of international organizations' This article considers Georges Abi-Saab’s 1978 work The United Nations Operation in the Congo 1960–1964, an important but largely forgotten intervention in debates about the power and authority of the United Nations (UN) at the height of the post-World War II wave of decolonization. Fusing careful analysis of the legal rules and instruments that underwrote UN operations during the Congo crisis with a narrative reconstruction of the accompanying political and diplomatic negotiations, Abi-Saab’s book examines the organization’s involvement in the conflict following Congo’s formal independence from Belgium in June 1960, both during and after Dag Hammarskjöld’s tenure as UN Secretary-General. This article takes up Abi-Saab’s account of Hammarskjöld’s role in, and management of, the crisis. It demonstrates that Abi-Saab understood the Secretary-General’s office to be not only hedged in by significant ‘constitutional’ constraints on publicly justifiable action but also uniquely equipped to coordinate competing interests and facilitate collective action. It also demonstrates that this dual understanding of the Secretary-General – both ‘legalistic’ and overtly ‘political’ – informed Abi-Saab’s commitment to developing international law in and through international organizations.
      PubDate: Mon, 21 Sep 2020 00:00:00 GMT
      DOI: 10.1093/ejil/chaa044
      Issue No: Vol. 31, No. 2 (2020)
       
  • Roaming Charges: Still Life Portrait
    • Pages: 621 - 624
      Abstract: We deal in EJIL with the world we live in – often with its worst and most violent pathologies, often with its most promising signs of hope for a better world. But, inevitably, since our vehicle is scholarship, we reify this world. Roaming Charges is designed not just to offer a moment of aesthetic relief, but to remind us of the ultimate subject of our scholarly reflections: we alternate between photos of places – the world we live in – and photos of people – who we are, the human condition. We eschew the direct programmatic photograph: people shot up; the ravages of pollution or the latest group photograph of ICJ judges.
      PubDate: Mon, 21 Sep 2020 00:00:00 GMT
      DOI: 10.1093/ejil/chaa060
      Issue No: Vol. 31, No. 2 (2020)
       
  • The Human Right to Science and Its Relationship to International
           Environmental Law
    • Authors: Hubert A.
      Pages: 625 - 656
      Abstract: AbstractThis article explores the potential contribution of international human rights law – specifically, the oft-neglected ‘right to science’ – to the interpretation, operation and progressive development of international environmental law. Science and its applications play a critical role in environmental protection. At the same time, society faces persistent controversies at this interface. Environmental regimes may lack sufficient norms and tools for regulating upstream science and innovation processes because they tend to focus narrowly on physical harms to the environment and may not address the wider ethical, legal, social and political concerns. The human right to science, which is codified in various international and regional human rights instruments, may serve to augment international environmental law and contribute to more effective, equitable and democratically legitimate and accountable processes and outcomes in relation to the application of science and technology in environmental regimes. The article begins by outlining the scope and contents of, as well as the limitations on, the right to science, focusing on Article 15(1)(b) of the International Covenant on Economic, Social and Cultural Rights (ICESCR) and its overlaps with the norms of international environmental law.11 It then analyses the ways in which the right to science may influence the development of international environmental law by elucidating mechanisms for the integration of a human rights perspective in science and technology and by outlining its potential substantive contributions to the development of international environmental law.
      PubDate: Mon, 21 Sep 2020 00:00:00 GMT
      DOI: 10.1093/ejil/chaa038
      Issue No: Vol. 31, No. 2 (2020)
       
  • The ‘Rights’ Way to Democratize the Science–Policy Interface in
           International Environmental Law' A Reply to Anna-Maria Hubert
    • Authors: Peel J.
      Pages: 657 - 664
      Abstract: AbstractScience is widely regarded as being necessary for effective international environmental decision-making and risk assessment processes. However, it is equally well recognized that uncertainties or the complexity of phenomena under study mean that science may only offer partial knowledge for environmental problems in many circumstances. ‘Democratization’ of science is often proposed as a solution to this dilemma. This may involve incorporating a wider spectrum of expert views and public inputs in risk assessments of new technologies, public participation in science through so-called ‘citizen science’ initiatives or the application of the precautionary principle. This reply reviews these approaches and contrasts them with another tantalizing possibility offered by Anna-Maria Hubert’s article; a human rights-based approach drawing on the ‘oft-neglected’ right to science. It assesses the extent to which a rights-based approach, utilizing the right to science, offers a way to bridge the gap between science and democracy in contested international environmental legal decision-making processes. While it concludes that there are important potential benefits to the application of the right to science in international environmental law, it is far from clear that it provides a panacea given the limitations on the right expressed in the international human rights instruments in which it is found, such as the International Covenant on Economic, Social and Cultural Rights. Instead, the right to science can be seen as placing another thumb on the scales – alongside the precautionary and participatory approaches – in favour of enabling broader, more democratically accountable decision-making in cases of uncertain science and contested environmental risks.
      PubDate: Mon, 21 Sep 2020 00:00:00 GMT
      DOI: 10.1093/ejil/chaa042
      Issue No: Vol. 31, No. 2 (2020)
       
  • The Right to Benefit from Science and Its Implications for Genomic Data
           Sharing
    • Authors: Yotova R; Knoppers B.
      Pages: 665 - 691
      Abstract: AbstractThe right to benefit from science and its applications is one of the least studied, discussed and applied human rights. In the current time of globalization, characterized by the rapid advancement of science and its technological applications, as well as by increased flows of scientific data, there is a growing need to fully awaken the right of everyone to enjoy the benefits of science. This would enable science to better serve the humanitarian purposes of the law as well as foster scientific and technological development through data sharing. This article contributes to the awakening of the right by exploring it doctrinally with the aim of ascertaining its normative content by reference to the preparatory works of Article 15 of the International Covenant on Economic, Social and Cultural Rights and, especially, the subsequent state practice in its application. Based on the evidence, it will be argued that, today, the right to benefit from science has two aspects – first, the right to access scientific knowledge and information and, second, the right to benefit from scientific applications. It will be shown that the first aspect of the right is increasingly reflected in the practice of states and international organizations and has important implications for the regulation and sharing of big genomic data.
      PubDate: Mon, 21 Sep 2020 00:00:00 GMT
      DOI: 10.1093/ejil/chaa028
      Issue No: Vol. 31, No. 2 (2020)
       
  • Challenges and Pitfalls in Research on Compliance with the ‘Views’ of
           UN Human Rights Treaty Bodies: A Reply to Vera Shikhelman
    • Authors: Ullmann A; von Staden A.
      Pages: 693 - 708
      Abstract: AbstractVera Shikhelman’s recent article on the implementation of the views of the United Nations Human Rights Committee (HRC) took a valuable first step towards addressing the question why states do, or do not, comply with adverse treaty body views. In this contribution, we contend that parts of the chosen theoretical and methodological approach are somewhat problematic, however, and ultimately weaken the overall strength and reliability of Shikhelman’s findings. Theoretically, we question whether hypotheses developed in the context of studying compliance with international law and legally binding court judgments can be transferred to legally non-binding views without adjusting for potentially consequential differences in their legal status. Methodologically, we note certain issues concerning the data generated by the HRC’s follow-up procedure and its use in Shikhelman’s analysis, and suggest that statistical methods that take into consideration the time dimension of implementation processes, notably survival analysis, yield analytically more convincing causal inferences. We provide illustrative results of such a methodologically revised approach to examining compliance with adverse HRC views that reveal more fine-grained insights into the temporally unfolding processes of implementing such decisions.
      PubDate: Mon, 21 Sep 2020 00:00:00 GMT
      DOI: 10.1093/ejil/chaa041
      Issue No: Vol. 31, No. 2 (2020)
       
  • Is IHL a Sham' A Reply to Eyal Benvenisti and Doreen Lustig
    • Authors: von Bernstorff J.
      Pages: 709 - 719
      Abstract: AbstractThis contribution is inspired by the thought-provoking article ‘Monopolizing War’ by Eyal Benvenisti and Doreen Lustig. My Reply argues that early 19th-century IHL codification projects in the eyes of European governments did not primarily serve domestic anti-revolutionary purposes. It also takes a somewhat sceptical stance as to the recent scholarly trend, which reduces historical explanations for the development of international law to domestic contexts in one or more powerful states involved in the respective law- and policy-making process. Building on the intriguing historical critique of early IHL’s ‘humanizing substance’ developed in ‘Monopolizing War’ and by referring to more recent IHL codification projects (small arms, nuclear weapons, aerial bombing, autonomous weapons), the second part of the contribution sketches four ‘de-humanizing’ discursive strategies, which arguably haunt international humanitarian law-making until today: (i) cynical window dressing; (ii) constructing an ontological wall; (iii) utilitarian reasoning; and (iv) excluding the periphery.
      PubDate: Mon, 21 Sep 2020 00:00:00 GMT
      DOI: 10.1093/ejil/chaa050
      Issue No: Vol. 31, No. 2 (2020)
       
  • Beyond the ‘Sham’ Critique and the Narrative of Humanitarianism: A
           Rejoinder to Jochen von Bernstorff
    • Authors: Benvenisti E; Lustig D.
      Pages: 721 - 726
      Abstract: AbstractWe are very grateful to Professor von Bernstorff for taking the trouble to read and comment on our article,11 which is a segment of a larger research project. His feedback will be invaluable in taking this project successfully to its next stage. While we could not address each and every aspect of his critique, the following response addresses four elements: the assertion that we argued that international humanitarian law (IHL) is merely a sham; his description of our historical approach as focused on the domestic; the ramifications of our historical analysis for future interpretation of IHL; and the challenge of one’s Vorverständnis to historical research.
      PubDate: Mon, 21 Sep 2020 00:00:00 GMT
      DOI: 10.1093/ejil/chaa062
      Issue No: Vol. 31, No. 2 (2020)
       
  • The Juncker Presidency – A Study in Character
    • Authors: Sarmiento D.
      Pages: 727 - 735
      Abstract: AbstractJean-Claude Juncker was President of the first ‘political Commission’, being the first (and so far the only) President to be elected through the Spitzenkandidat system following the entry into force of the Lisbon Treaty. Juncker was appointed as head of a college of commissioners with high profiles and extensive experience in national politics. During his tenure, Juncker had to manage several crises, including Brexit, the Syrian war and the consequent mass migrations, as well as growing international tensions with Russia and the US. His personal and unique style, together with his broad domestic experience in European affairs, make him a singular personality and a singular President of the European Commission, whose legacy it is still too early to call.
      PubDate: Mon, 21 Sep 2020 00:00:00 GMT
      DOI: 10.1093/ejil/chaa052
      Issue No: Vol. 31, No. 2 (2020)
       
  • The Days of Wine and Roses
    • Authors: Klabbers J.
      Pages: 737 - 753
      Abstract: AbstractThis review essay takes an in-depth look at the most recent addition to the Oppenheim family, a two-volume work on the law and practice of the United Nations, prepared by Rosalyn Higgins and a dream team composed of some of her former students. The essay not only zooms in on the merits of the work but also aims to place it in context in a changing world, wistfully noting a little nostalgia (on the side of the reviewer as well as that of the authors perhaps) for, well, the days of wine and roses.
      PubDate: Mon, 21 Sep 2020 00:00:00 GMT
      DOI: 10.1093/ejil/chaa034
      Issue No: Vol. 31, No. 2 (2020)
       
  • The Allocation of International Responsibility between International
           Organizations and Their Member States: A Case of Indirect
           Responsibility'
    • Authors: Ahlborn C.
      Pages: 755 - 770
      Abstract: AbstractWhile the responsibility of international organizations and their member states has been on the agenda of courts and scholars for decades, the adoption of the Articles on the Responsibility of International Organizations (ARIO) by the International Law Commission in 2011 has given new impetus to the debate. Nikolaos Voulgaris’ Allocating International Responsibility between Member States and International Organizations is one of the few general books on the topic that post-dates the adoption of the ARIO. Despite its broad title, however, the focus of the book is rather narrow: it concentrates on the responsibility of an international organization or a state in connection with the act of a/another state or international organization, which Voulgaris describes as ‘indirect responsibility’. Considering the book’s extensive discussion of the function and nature of international responsibility, this review essay first submits that the book’s actual aim is a rethinking of indirect responsibility. Second, it examines Voulgaris’ reconceptualization of the pertinent provisions on indirect responsibility in terms of what he calls the ‘complicity’ and ‘derivative responsibility’ models. This review essay concludes that the reader who expects detailed guidance on the allocation of responsibility between international organizations and their member states will be left wanting. Instead, the interaction between international organizations and their member states serves as an illustration for the book’s insightful analysis of the under-theorized provisions on international responsibility in connection with the act of another.
      PubDate: Mon, 21 Sep 2020 00:00:00 GMT
      DOI: 10.1093/ejil/chaa032
      Issue No: Vol. 31, No. 2 (2020)
       
  • The Analogy between States and International Organizations
    • Authors: Besson S.
      Pages: 771 - 776
      Abstract: Fernando LusaBordin. The Analogy between States and International Organizations. Cambridge: Cambridge University Press, 2019. Pp. 267. £85. ISBN 97811071555558.
      PubDate: Mon, 21 Sep 2020 00:00:00 GMT
      DOI: 10.1093/ejil/chaa035
      Issue No: Vol. 31, No. 2 (2020)
       
  • Droit des organisations internationales
    • Authors: Dopagne F.
      Pages: 776 - 781
      Abstract: DavidÉric. Droit des organisations internationales. Brussels: Bruylant, 2016. Pp. 829. 124€. ISBN: 9782802749028.
      PubDate: Mon, 21 Sep 2020 00:00:00 GMT
      DOI: 10.1093/ejil/chaa036
      Issue No: Vol. 31, No. 2 (2020)
       
  • The Law of the International Civil Service
    • Authors: Gasbarri L.
      Pages: 781 - 785
      Abstract: GerhardUllrich. The Law of the International Civil Service.Berlin: Duncker & Humblot, 2018. Pp. 538. € 89,90. ISBN: 978-3-428-14914-8.
      PubDate: Mon, 21 Sep 2020 00:00:00 GMT
      DOI: 10.1093/ejil/chaa033
      Issue No: Vol. 31, No. 2 (2020)
       
  • The Last Page
    • Pages: 787 - 788
      Abstract: Discours de parlementaires,
      PubDate: Mon, 21 Sep 2020 00:00:00 GMT
      DOI: 10.1093/ejil/chaa051
      Issue No: Vol. 31, No. 2 (2020)
       
 
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