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: 69)
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: 17)
Commonwealth Law Bulletin     Hybrid Journal   (Followers: 18)
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: 20)
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: 245)
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: 271)
International Area Studies Review     Hybrid Journal   (Followers: 3)
International Commentary on Evidence     Hybrid Journal   (Followers: 1)
International Community Law Review     Hybrid Journal   (Followers: 9)
International Comparative Jurisprudence     Open Access   (Followers: 2)
International Human Rights Law Review     Hybrid Journal   (Followers: 30)
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: 84)
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: 4)
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
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AJIL Unbound
Number of Followers: 0  

  This is an Open Access Journal Open Access journal
ISSN (Online) 23987723
Published by Cambridge University Press Homepage  [389 journals]
  • Introduction to the Symposium on the GDPR and International Law

    • Authors: de Búrca; Gráinne
      Pages: 1 - 4
      PubDate: 2020-01-06
      DOI: 10.1017/aju.2019.82
       
  • The GDPR as Global Data Protection Regulation'

    • Authors: Ryngaert; Cedric, Taylor, Mistale
      Pages: 5 - 9
      PubDate: 2020-01-06
      DOI: 10.1017/aju.2019.80
       
  • Toward Compatibility of the EU Trade Policy with the General Data
           Protection Regulation

    • Authors: Yakovleva; Svetlana, Irion, Kristina
      Pages: 10 - 14
      PubDate: 2020-01-06
      DOI: 10.1017/aju.2019.81
       
  • The GDPR and International Organizations

    • Authors: Kuner; Christopher
      Pages: 15 - 19
      PubDate: 2020-01-06
      DOI: 10.1017/aju.2019.78
       
  • The Limitations of European Data Protection As A Model for Global Privacy
           Regulation

    • Authors: Mercer; Shannon Togawa
      Pages: 20 - 25
      PubDate: 2020-01-06
      DOI: 10.1017/aju.2019.83
       
  • A Tale of Two Privacy Laws: The GDPR and the International Right to
           Privacy

    • Authors: Krishnamurthy; Vivek
      Pages: 26 - 30
      PubDate: 2020-01-06
      DOI: 10.1017/aju.2019.79
       
  • Can the GDPR and Freedom of Expression Coexist'

    • Authors: Reventlow; Nani Jansen
      Pages: 31 - 34
      PubDate: 2020-01-06
      DOI: 10.1017/aju.2019.77
       
  • Introduction to the Symposium on Jacqueline Peel & Jolene Lin,
           “Transnational Climate Litigation: The Contribution of the Global
           South”

    • Authors: Knox; John H., Voigt, Christina
      Pages: 35 - 39
      PubDate: 2020-02-03
      DOI: 10.1017/aju.2020.2
       
  • Human Rights: The Global South's Route to Climate Litigation

    • Authors: Rodríguez-Garavito; César
      Pages: 40 - 44
      PubDate: 2020-02-03
      DOI: 10.1017/aju.2020.4
       
  • Litigating Climate Claims in India

    • Authors: Ghosh; Shibani
      Pages: 45 - 50
      PubDate: 2020-02-03
      DOI: 10.1017/aju.2020.5
       
  • Climate Change Litigation in Ghana: An Analysis of the Role of Courts in
           Enforcing Climate Change Law

    • Authors: Erinosho; Bolanle
      Pages: 51 - 55
      PubDate: 2020-02-03
      DOI: 10.1017/aju.2020.1
       
  • Climate Change Litigation in the Global South: Filling in Gaps

    • Authors: Setzer; Joana, Benjamin, Lisa
      Pages: 56 - 60
      PubDate: 2020-02-03
      DOI: 10.1017/aju.2020.6
       
  • The Geography of Emerging Global South Climate Change Litigation

    • Authors: Osofsky; Hari M.
      Pages: 61 - 66
      PubDate: 2020-02-03
      DOI: 10.1017/aju.2020.3
       
  • Introduction to the Symposium on Prosper Weil, “Towards Relative
           Normativity in International Law'”

    • Authors: Knop; Karen
      Pages: 67 - 71
      PubDate: 2020-03-02
      DOI: 10.1017/aju.2020.19
       
  • Prosper Weil's Article: A Stimulating Warning

    • Authors: Dupuy; Pierre-Marie
      Pages: 72 - 76
      PubDate: 2020-03-02
      DOI: 10.1017/aju.2020.13
       
  • The Relativity Apocalypse is Nigh

    • Authors: Alvarez; José E.
      Pages: 77 - 81
      PubDate: 2020-03-02
      DOI: 10.1017/aju.2020.15
       
  • The Super-Normativity of International Criminal Law

    • Authors: Gaeta; Paola
      Pages: 82 - 86
      PubDate: 2020-03-02
      DOI: 10.1017/aju.2020.14
       
  • What is Positivism Today'

    • Authors: García-Salmones Rovira; Mónica
      Pages: 87 - 91
      PubDate: 2020-03-02
      DOI: 10.1017/aju.2020.16
       
  • Prosper Weil and the Mask of Classicism

    • Authors: Tasioulas; John
      Pages: 92 - 96
      PubDate: 2020-03-02
      DOI: 10.1017/aju.2020.18
       
  • The International Law of Co-Progressiveness as a Response to the Problems
           Associated with “Relative Normativity”

    • Authors: Yee; Sienho
      Pages: 97 - 102
      PubDate: 2020-03-02
      DOI: 10.1017/aju.2020.17
       
  • Introduction to the Symposium on Art, Aesthetics, and International Courts

    • Authors: Aksenova; Marina
      Pages: 103 - 107
      PubDate: 2020-03-30
      DOI: 10.1017/aju.2020.22
       
  • Dignifying, Restoring, and Reimagining International Law and Justice
           Through Connections with Arts and Culture

    • Authors: Bennoune; Karima
      Pages: 108 - 110
      PubDate: 2020-03-30
      DOI: 10.1017/aju.2020.23
       
  • Memorializing Dissent: Justice Pal in Tokyo

    • Authors: Drumbl; Mark A.
      Pages: 111 - 116
      PubDate: 2020-03-30
      DOI: 10.1017/aju.2020.26
       
  • The Peace Palace: Building (of) The International Community

    • Authors: Aalberts; Tanja, Stolk, Sofia
      Pages: 117 - 122
      PubDate: 2020-03-30
      DOI: 10.1017/aju.2020.25
       
  • Art, Aesthetics, Justice, and Reconciliation: What can art do'

    • Authors: Kerr; Rachel
      Pages: 123 - 127
      PubDate: 2020-03-30
      DOI: 10.1017/aju.2020.24
       
  • Visualizing Law and Justice at the Extraordinary Chambers in the Courts of
           Cambodia

    • Authors: Elander; Maria
      Pages: 128 - 132
      Abstract: The body is falling backwards, facing the sky. The hands are clasped together in a sampeah, as if in greeting, as if in prayer. For the artist of the Cambodian Tragedy Memorial, also called A ceux qui ne sont plus là (For those who are no longer here), the body “speak[s] both to and beyond individual identity.” By standing both as personal testimony of loss and “in memory of the Cambodian genocide and its impossible representation,” the memorial raises longstanding questions on the authority and limits of testimony, on representation, and, importantly for this symposium, on the relation between art and international criminal law.
      PubDate: 2020-03-30
      DOI: 10.1017/aju.2020.20
       
  • Aristotle in The Hague: Artistic Pleading and Emotional Theatricality in
           International Criminal Proceedings

    • Authors: Buis; Emiliano J.
      Pages: 133 - 137
      Abstract: This essay contends that emotions provide an extralegal framework that can contribute to a better comprehension of international legal justice and the ways in which it works. The examination of two cases brought before the International Criminal Court (ICC)—namely Ongwen (ICC-02/04-01/15) and Al Mahdi (ICC-01/12-01/15)— identifies how the parties in the process attempt to harness the power of emotion in their pleadings and arguments. This examination fosters a better understanding of the dramatic nature of international trials.
      PubDate: 2020-03-30
      DOI: 10.1017/aju.2020.21
       
  • Introduction to the Symposium: How Will Artificial Intelligence Affect
           International Law'

    • Authors: Deeks; Ashley
      Pages: 138 - 140
      PubDate: 2020-04-27
      DOI: 10.1017/aju.2020.29
       
  • Taming the Digital Leviathan: Automated Decision-Making and International
           Human Rights

    • Authors: Langford; Malcolm
      Pages: 141 - 146
      Abstract: Enthusiasm abounds about the potential of artificial intelligence to automate public decision-making. The rise of machine learning and computational text analysis together with the proliferation of digital platforms has raised the prospect of “robo-judging” and “robo-administrators.” From a human rights perspective, the reaction has been mixed, and on balance negative. Optimists herald the possibilities of democratizing legal services and making decision-making more predictable and efficient. Critics warn, however, of the specter of new forms of social control, arbitrariness, and inequality. This essay examines the concerns over the turn to automation from the perspective of two international human rights: the rights to social security and a fair trial. It argues that while the critiques deserve a full hearing, they should be evidence-based, informed by an understanding of “technological systems,” and cognizant of the trade-offs between human and machine failure.
      PubDate: 2020-04-27
      DOI: 10.1017/aju.2020.31
       
  • AI's Impact on Multilateral Military Cooperation: Experience from NATO

    • Authors: Hill; Steven
      Pages: 147 - 151
      Abstract: AI-based military applications present both opportunities and challenges for multinational military cooperation. This contribution takes stock of the state of discussions around AI-based military applications within the North Atlantic Treaty Organization (NATO). While there have been a number of recent developments in national AI strategies and policies, discussions at the NATO level are still in early phases, and there is no agreed NATO policy in this area. Further multilateral work is needed if like-minded states such as NATO Allies and partners are to head off the serious risk that disagreements about these technologies might hamper effective multilateral military cooperation.
      PubDate: 2020-04-27
      DOI: 10.1017/aju.2020.27
       
  • New Technologies and Old Treaties

    • Authors: Smith; Bryant Walker
      Pages: 152 - 157
      Abstract: Every road vehicle must have a driver able to control it while in motion. These requirements, explicit in two important conventions on road traffic, have an uncertain relationship to the automated motor vehicles that are currently under development—often colloquially called “self-driving” or “driverless.” The immediate legal and policy questions are straightforward: Are these requirements consistent with automated driving and, if not, how should the inconsistency be resolved' More subtle questions go directly to international law's role in a world that artificial intelligence is helping to rapidly change: In a showdown between a promising new technology and an entrenched treaty regime, which prevails' Should international law bend to avoid breaking' If so, what kind of flexibility is appropriate with respect to both the status and the substance of treaty obligations' And what role should deliberate ambiguity play in addressing these obligations' This essay raises these questions through the concrete case of automated driving. It introduces the road traffic conventions, identifies competing interpretations of their core driver requirements, and highlights ongoing efforts at the Global Forum for Road Traffic Safety to reach a consensus.
      PubDate: 2020-04-27
      DOI: 10.1017/aju.2020.28
       
  • Using Human Rights Law to Inform States' Decisions to Deploy AI

    • Authors: Murray; Daragh
      Pages: 158 - 162
      Abstract: States are investing heavily in artificial intelligence (AI) technology, and are actively incorporating AI tools across the full spectrum of their decision-making processes. However, AI tools are currently deployed without a full understanding of their impact on individuals or society, and in the absence of effective domestic or international regulatory frameworks. Although this haste to deploy is understandable given AI's significant potential, it is unsatisfactory. The inappropriate deployment of AI technologies risks litigation, public backlash, and harm to human rights. In turn, this is likely to delay or frustrate beneficial AI deployments. This essay suggests that human rights law offers a solution. It provides an organizing framework that states should draw on to guide their decisions to deploy AI (or not), and can facilitate the clear and transparent justification of those decisions.
      PubDate: 2020-04-27
      DOI: 10.1017/aju.2020.30
       
  • Introduction to the Symposium on Soft and Hard Law on Business and Human
           Rights

    • Authors: Ratner; Steven R.
      Pages: 163 - 167
      PubDate: 2020-06-22
      DOI: 10.1017/aju.2020.35
       
  • Hard and Soft Law Preferences in Business and Human Rights

    • Authors: Parella; Kishanthi
      Pages: 168 - 173
      Abstract: States and non-state actors, such as business organizations and NGOs, have varying preferences among regulatory options in business and human rights. Some actors prefer soft law governance while others advocate for legally binding solutions at the national and international levels. In this essay, I explore some of the factors that may explain why state and non-state actors hold these diverse preferences. I conclude that while some of these preferences may be attributable to the unique advantages of soft law or hard law, other preferences likely depend on the effects produced by the interaction of both types of law within the broader regulatory landscape.
      PubDate: 2020-06-22
      DOI: 10.1017/aju.2020.33
       
  • Soft Law in Jus in Bello and Jus ad Bellum: What Lessons for Business and
           Human Rights'

    • Authors: Dunkelberg; Alonso Gurmendi
      Pages: 174 - 178
      Abstract: This contribution, rather than focusing on the debates within the Business and Human Rights (BHR) domain itself, offers a comparison between soft law regulation in the BHR context, on the one hand, and in the jus in bello (JIB) and jus ad bellum (JAB) contexts, on the other. Specifically, this contribution looks at the recent experience in JIB and JAB wherein states and other actors have tried to address the indeterminacy of treaty law provisions through soft law proposals that advance a disputed interpretation of hard law, producing legal uncertainty and scholarly debate. I use as examples the 2009 Interpretive Guidance on Direct Participation in Hostilities and the 2012 Bethlehem Principles as a way to extract lessons for the codifying momentum underway in BHR.
      PubDate: 2020-06-22
      DOI: 10.1017/aju.2020.34
       
  • Ground-Breaking' An Empirical Assessment of the Draft Business and
           Human Rights Treaty

    • Authors: Kirkebø; Tori Loven, Langford, Malcolm
      Pages: 179 - 185
      Abstract: In this essay, we examine empirically whether the revised draft of the business and human rights (BHR) treaty is a normative advance on the existing jungle of global instruments. Since the 1970s, almost one hundred global corporate social responsibility (CSR) standards have been adopted, half of them addressing human rights. See Figure 1 from our global CSR database, below. What is novel about the current treaty-drafting process within the UN Human Rights Council (HRC) is that it aims to develop a comprehensive standard that would hold states legally accountable for regulating business. The question is whether this is possible. Drawing on our work on the “commitment curve,” we begin theoretically and point out why one should hold modest expectations about the process and treat strong text with skepticism as much as celebration. Using an empirical methodology, we then compare the HRC's Revised Draft Legally Binding Instrument (Revised Draft LBI) with existing standards, and find that while the draft contains a healthy dose of incremental pragmatism, its significant advances require a degree of circumspection about its strengths and prospects.
      PubDate: 2020-06-22
      DOI: 10.1017/aju.2020.32
       
  • Transcending the Binary: Linking Hard and Soft Law Through a UNGPS-Based
           Framework Convention

    • Authors: O'Brien; Claire Methven
      Pages: 186 - 191
      Abstract: Achieving respect for human rights by businesses requires not making the “right” choice between hard and soft law but establishing an architecture to sustain a constructive dialectic between the two. This essay argues that a business and human rights treaty modelled as a framework convention and centered initially on the UN Guiding Principles (UNGPs) offers such a structure while avoiding the shortcomings of treaty proposals advanced to date.
      PubDate: 2020-06-22
      DOI: 10.1017/aju.2020.36
       
  • Introduction to the Symposium on Global Plastic Pollution

    • Authors: McRae; Donald
      Pages: 192 - 194
      PubDate: 2020-07-20
      DOI: 10.1017/aju.2020.37
       
  • Fighting Plastics with Environmental Principles' The Relevance of the
           Prevention Principle in the Global Governance of Plastics

    • Authors: Duvic-Paoli; Leslie-Anne
      Pages: 195 - 199
      Abstract: A common exercise for international lawyers faced with a new global environmental problem consists in undertaking a review of the applicable law. Environmental principles generally feature extensively in such studies: their open-textured nature is recognized to facilitate a fluid adaptation of international law as new risks become apparent. Among these principles is the foundational prevention principle, which is based on the rationale that environmental damage is best avoided rather than repaired. Since its international recognition in the 1972 Stockholm Declaration on the Human Environment, the prevention principle has gained an influential place in the work of environmental lawyers. While it is readily assumed that the principle is able to guide state responses to the plastics crisis, its exact functions and legal implications in this context remain underexplored. The purpose of this essay is to shed light on the different roles that the prevention principle can play in response to the proliferation of harmful plastics.
      PubDate: 2020-07-20
      DOI: 10.1017/aju.2020.41
       
  • Clearly Hazardous, Obscurely Regulated: Lessons from the Basel Convention
           on Waste Trade

    • Authors: Ahmad Khan; Sabaa
      Pages: 200 - 205
      Abstract: As an internationally-traded commodity, plastic waste has long followed the profitability dynamics of the global waste and recycling market, leaving in its trace a disproportionate environmental and health burden on the world's most vulnerable populations. East Asian and Pacific countries, where most globally generated plastic waste has been exported since the late 1980s, are marked by underdeveloped, inefficient, or non-existent waste management infrastructures. Despite the highly visible environmental and human health impacts of plastic pollution, the global plastic waste trade has predominantly operated outside the scope of the Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and Their Disposal. In 2019, however, this treaty was amended to explicitly bring all but a narrow stream of plastic waste within the category of wastes controlled as “hazardous waste,” or “waste requiring special consideration.” This essay explains the international legal implications of the amendment and discusses potential challenges related to its implementation and enforcement. It argues that in order to be effective, the new plastic waste trading rules will require further legal clarity, greater transparency in plastic waste trade that is not regulated under the Convention, and stronger law enforcement cooperation between customs and environmental protection authorities, both within and between countries. Since controlling all plastic waste trade at point of export is, in practice, impossible given the state of global shipping infrastructures and container traffic volume, the most effective approach to curbing plastic waste pollution and illegal trade lies outside the mandate of the Basel Convention, notably, in assigning financial and environmental responsibility for plastic waste within plastic product supply chains.
      PubDate: 2020-07-20
      DOI: 10.1017/aju.2020.38
       
  • Liability and Compensation for Marine Plastic Pollution: Conceptual Issues
           and Possible Ways Forward

    • Authors: Maljean-Dubois; Sandrine, Mayer, Benoît
      Pages: 206 - 211
      Abstract: The UN General Assembly and the UN Environment Assembly (UNEA) have expressed concerns about the pollution of the sea by plastics, which adversely impacts ecosystems, some economic activities (e.g., tourism and fishing), and possibly public health (e.g., consumption of contaminated fish). In December 2017, the UNEA decided to establish the Ad Hoc Open-Ended Expert Group on Marine Litter and Microplastics to examine ways to combat marine plastic pollution. The group met three times in 2018 and 2019, and at least two more meetings are planned. Among potential responses to the issue of marine pollution, the group briefly considered—but eventually dismissed—the possibility of creating a liability or compensation regime. This essay evaluates the prospects for such a regime. As the essay will show, compensation faces significant conceptual problems, not the least of which is the absence of an obvious recipient. However, some form of liability could be imposed on corporations that produce plastic, or on states that fail to regulate them. Such a liability regime, even without financial compensation, could foster the prevention of further marine plastic pollution.
      PubDate: 2020-07-20
      DOI: 10.1017/aju.2020.40
       
  • The Montreal Protocol or the Paris Agreement as a Model for a Plastics
           Treaty'

    • Authors: Kirk; Elizabeth A.
      Pages: 212 - 216
      Abstract: The notion that a plastics treaty is necessary is gaining traction, but there is less agreement as to its content. Some, including this author, have suggested that a plastics treaty should be modelled on treaties such as the Montreal Protocol, which sets out a broad commitment to end the use of a particular material and then introduce regulations to ban particular forms of that material over time. This approach has an immediate appeal—it sends a signal to states and to industry that they must change their behaviors and products, while giving time to adapt to the new regulation and develop alternative materials or ways of working. The potential drawback of this approach is that some states simply will not accept such rigid standards. In addition, some states may prefer a second approach that is more obviously rooted in the principle of common but differentiated responsibilities, which assigns different obligations to parties according to their respective capacities. Within the climate change regime, the Paris Agreement takes both approaches, asking states to set their own nationally determined contributions (NDCs) to emissions reductions (common but differentiated responsibilities) and then to revise these NDCs over time through an iterative process to deliver progressively more ambitious targets for emissions reduction (moving toward a ban) or mitigation. In reality, neither approach is entirely suited to regulating plastics, so a new approach to treaty-making is required. This new approach should focus on the outcomes desired rather than the practices that need to be regulated.
      PubDate: 2020-07-20
      DOI: 10.1017/aju.2020.39
       
  • Introduction to the Symposium on Authoritarian International Law: Is
           Authoritarian International Law Inevitable'

    • Authors: Linos; Katerina
      Pages: 217 - 219
      PubDate: 2020-08-17
      DOI: 10.1017/aju.2020.42
       
  • Authoritarian International Law, the Use of Force, and Intervention

    • Authors: Weiner; Allen S.
      Pages: 220 - 225
      Abstract: Tom Ginsburg's thought-provoking Authoritarian International Law' invites us to reflect on the potential changes to the international legal order that might flow from the global decline of liberal democracy and the corresponding rise of illiberal authoritarian regimes. Given that Ginsburg's cautionary tale is predicated on the central interest of authoritarians in the survival of their regimes and their concerns about internal security, it is not surprising that many of the implications he identifies— which involve the expansion of norms that facilitate internal repression, enable repressive regulation of online expression, and dilute international democracy promotion—concern international law's regulation of states’ internal affairs. If Ginsburg's predictions about expanding authoritarianism are correct, however, we should also consider the implications for the evolution of international law in the external security realm, and in particular, for the legal regime governing the use of force and intervention in the affairs of other states. In this essay, I suggest that the expansion of authoritarianism is likely to diminish legal accountability of outside states that support repression by such regimes; to entrench the legal status of existing authoritarian regimes confronting domestic political violence; and to weaken the legal basis for Security Council interventions rooted in the “responsibility to protect” principle. When authoritarian states do wage wars, particularly when they intervene in civil wars, we should expect that their compliance with international humanitarian law (IHL) will be weak.
      PubDate: 2020-08-17
      DOI: 10.1017/aju.2020.46
       
  • International Organizations: Enablers or Impediments for Authoritarian
           International Law'

    • Authors: Emmons; Cassandra V.
      Pages: 226 - 231
      Abstract: International organizations (IOs) provide space for the exchange of ideas. Particularly since the Cold War ended, many expected that this exchange would inevitably lead to more democratization and liberalization around the globe. Instead, some of the largest non-democratic actors on the global stage have functioned within these organizations for decades without liberalizing, while others joined as full or newly transitioned democracies just to see those qualities slowly erode. As Tom Ginsburg's recent article concludes, today's autocrats might instead use international law—including the legal apparatus of IOs—to further their own authoritarian agendas. This essay engages with Ginsburg's thoughtful piece by suggesting that IOs both enable and resist the emergence of “Authoritarian International Law” (AIL). Creating or joining IOs is a costly but attractive strategy for revisionist states since members equally influence IO evolution. Fortunately for democracy's advocates, IOs are usually status quo entities, and liberalism is deeply embedded in many existing today. Cross-temporal observations of changes in IO membership, members’ regime types, and IO features beyond the founding documents are needed to fully understand how organizations simultaneously perform these paradoxical functions.
      PubDate: 2020-08-17
      DOI: 10.1017/aju.2020.45
       
  • Legal Games – Political Goals

    • Authors: Hurd; Ian
      Pages: 232 - 236
      Abstract: As he searches for differences in how democratic and authoritarian governments use international law, Tom Ginsburg highlights—perhaps inadvertently—the fact that both kinds of regime use law as a tool to advance their goals. Governments’ goals may differ, both within and across regime types, but the instrumental use of law in the service of political ends does not. Ginsburg's article permits three distinct readings: it is an effort to show a correlation between regime-type and uses of international law; it is also an argument that the historical-normative core of international law included the promotion of “liberal” goals such as human rights and democracy; and third, it is a defense of the meta-claim that law follows the political purposes of society's powerful actors. This third contribution is the quietest in the article but is arguably the most important. Because the methodological difficulties in correlating regime type with attitude toward international law are insuperable, Ginsburg's contribution is that he directs attention to the substantive goals that governments pursue through law and to the tradeoffs that follow as one goal wins over others. The normative valence of international law depends on how one feels about these practical tradeoffs; those whose interests are harmed by international law have good reason to feel disadvantaged.
      PubDate: 2020-08-17
      DOI: 10.1017/aju.2020.43
       
  • International Law as Hedging: Perspectives from Secondary Authoritarian
           States

    • Authors: Nguyen; Trang (Mae)
      Pages: 237 - 241
      Abstract: Tom Ginsburg's important article comes at a critical time. The COVID-19 crisis has spurred heated debates about political regimes vis-à-vis countries’ bureaucratic capacity. Political regime type is the core independent variable in Ginsburg's conceptualization of authoritarian international law—a global projection of authoritarian states’ domestic politics. This essay echoes Ginsburg's insightful observation but complicates it by shifting the focus to the less-known perspectives of secondary authoritarian countries. I use a matrix case study of two smaller states, Vietnam and Cambodia, on two prominent issues, the South China Sea (SCS) and the Belt and Road Initiative (BRI), to demonstrate small states’ effort to use international law to “hedge” big powers. As the case studies show, small authoritarian states, not unlike other small states, prefer a pluralist vision of international law, even if they may at times embrace the alternative model offered by big authoritarian powers. These states thus have an important, perhaps unexpected, role to play in preserving the pluralist international legal order and mitigating the hegemonic tendencies of authoritarian international law.
      PubDate: 2020-08-17
      DOI: 10.1017/aju.2020.44
       
  • The Imperial Over-Stretch of International Law

    • Authors: Scott; Shirley V.
      Pages: 242 - 246
      Abstract: In presenting the international law community with a call to action in defense of the liberal international order against a trend towards “authoritarian international law,” Tom Ginsburg prompts us to assess the systemic dynamics at play in the contemporary international legal order. In doing so, we should be cautious about assuming that the consequences for international law of any particular actor will be positive or otherwise. A couple of decades ago even American international lawyers were concerned about what they perceived to be the threat posed to international law by the United States as global hegemon. And yet from today's vantage point, it seems that the imperial actor during the post-Cold War period may not have been the United States so much as transnational civil society. The very openness of the system of international law that enables both democratic and authoritarian regimes to promote norms reflective of their policy preferences has also enabled civil society to advance norms, processes, and institutional structures that go beyond the policy preferences of dominant states. In doing so, civil society—a hallmark of what we might refer to as the “pseudo-democratic” international legal system—has challenged the delicate balance between power politics and the realization of a pure international rule of law. The consequences appear serious.
      PubDate: 2020-08-17
      DOI: 10.1017/aju.2020.47
       
  • The Limits of Authoritarian International Law

    • Authors: Mallat; Chibli
      Pages: 247 - 251
      Abstract: Tom Ginsburg's concept of “authoritarian international law” (AIL) is as important as the one it references, Thomas Franck's “right to democratic governance.” It underlines how the promise carried by Franck was betrayed in the bitter turn of history that ended the emerging hope for democracy ruling all nations in the world after 1989. This hope had developed by fits and starts as the slow fulfilment of the Kantian project for “perpetual peace” amongst a world federation of democratic republics on which the League of Nations and the United Nations were built. To the now-universal acknowledgment of the grave domestic setbacks to human rights and democracy, Ginsburg's article adds an account of the international setbacks which followed. Its chief importance is in raising the question of the emergent authoritarian traits of international law in the wake of these setbacks. With my appreciation of Ginsburg's formidable treatment, including a title that will mark, like Franck's, an important moment in the field, I will challenge some of his conclusions and offer counterpoints in the present essay. In particular, I will (1) suggest the irrelevance of the three “evils of AIL”; (2) highlight the significance of 2006 as the date when AIL started rising; (3) emphasize the importance of U.S. isolationism in the rise of AIL; and (4) argue that the better investment to counter that rise is in nonviolence.
      PubDate: 2020-08-17
      DOI: 10.1017/aju.2020.48
       
  • Introduction to the Symposium on Ruth Mason, “The Transformation of
           International Tax”

    • Authors: Sykes; Alan O.
      Pages: 252 - 254
      PubDate: 2020-09-14
      DOI: 10.1017/aju.2020.50
       
  • A Positive Dialectic: Beps and The United States

    • Authors: Avi-Yonah; Reuven S.
      Pages: 255 - 259
      Abstract: This essay addresses the interaction between the changes in the international tax regime identified by Mason and U.S. international tax policy. Specifically, I will argue that contrary to the general view, the United States actively implemented the Organisation for Economic Co-Operation and Development (OECD)/G20 Base Erosion and Profit Shifting (BEPS) recommendations through the Tax Cuts and Jobs Act of 2017 (TCJA). Moreover, the changes of the TCJA influenced the current OECD effort of BEPS 2.0. Thus, the current state of affairs can be characterized as a constructive dialogue: The OECD moves (BEPS 1), the United States responds (TCJA), the OECD moves again (BEPS 2). If the international tax regime is to survive, it is important that BEPS 2 will succeed, and that the US will then go along and amend the TCJA accordingly. From this kind of positive dialectic, a new international tax regime fit for the twenty-first century may emerge.
      PubDate: 2020-09-14
      DOI: 10.1017/aju.2020.51
       
  • What is Unilateralism in International Taxation'

    • Authors: Cui; Wei
      Pages: 260 - 264
      Abstract: The Organisation for Economic Co-Operation and Development (OECD) recently emerged as the site of unprecedented, multilateral, and seemingly high-stakes negotiations about the future of international business income taxation. Judging by the political resources deployed in these negotiations, international tax has entered unchartered territory. Ruth Mason offers a timely and balanced portrayal of the OECD process so far. But explanations of this process remain eminently contestable. On the one hand, international institutions that address externalities from uncoordinated actions and produce mutual benefits for participating nations can be highly stable. On the other hand, the OECD has struggled, whether in its Base Erosion and Profit Shifting (BEPS) and post-BEPS initiatives or during the pre-BEPS era, to articulate the goals for which international coordination in taxation is needed. By many accounts, recent discussions at the OECD are motivated mainly by the desire to stop foreign imposition of taxes on U.S. companies, or, as the other side of the same coin, to avert the wrath of the single hegemonic power in international tax. What is the best characterization of this conflict' I believe that understanding the underlying subject matter for international coordination, as opposed to merely the institutions that might facilitate such coordination, is required for identifying the coming transformation of international tax.
      PubDate: 2020-09-14
      DOI: 10.1017/aju.2020.52
       
  • Diverse Interests and International Legitimation: Public Choice Theory and
           the Politics of International Tax

    • Authors: Faulhaber; Lilian V.
      Pages: 265 - 269
      Abstract: In her article, Mason concludes that politics – or “bargaining over national interests”— “will play a starring role in determining the outcomes” of the current digital tax project. In this essay, I apply public choice theory to the politics of international tax and argue that two questions can shape our understanding of international tax negotiations and therefore help us predict the outcomes of future international tax reform projects. First, what interests are country delegates representing' Second, how are countries using their involvement in international negotiations to represent these interests' The first question highlights that country delegates are often not defending some agreed-upon “national interest” but are instead often protecting the interests of particular political parties, industries, or taxpayers, which in turn means that interests can change over time and that some voices are missing from debates. The second question highlights that country delegates can engage in international tax negotiations in a variety of ways. They can try to limit what, if anything, the negotiations achieve; they can try to push for more expansive results; and they can use the negotiations to provide international support for their own country's laws. This essay focuses on one particular version of this third type of engagement, where delegates use their country's involvement in an international project to validate and legitimate an idea or proposal that may previously have had little support. I refer to this involvement as “international legitimation,” and I argue that the Organisation for Economic Co-operation and Development (OECD)/G20 Base Erosion and Profit Shifting (BEPS) Project shows that delegates who took this approach may have achieved the most long-term success in that their inclusion of little-known provisions or concepts in the international outputs of the BEPS Project ended up leading to these provisions and concepts being adopted by countries around the world.
      PubDate: 2020-09-14
      DOI: 10.1017/aju.2020.53
       
  • Shifting Design Paradigms: Why Tomorrow's International Economic Law May
           Look More Like the Tax Regime than the WTO

    • Authors: Alschner; Wolfgang
      Pages: 270 - 274
      Abstract: Rampant unilateralism, insistence on national sovereignty, a wariness of multilateral institutions and third-party adjudication—for international trade lawyers, this is the stuff of nightmares. For international tax lawyers, these are the normal operating parameters of the international tax regime. In fact, the same forces that are currently unraveling the World Trade Organization (WTO) are simultaneously enabling pragmatic and creative reforms of international tax law. Ruth Mason's account of the Transformation of International Tax invites us to draw broader lessons on how international economic law could adapt to survive and even thrive in a political environment increasingly hostile towards WTO-style multilateralism.
      PubDate: 2020-09-14
      DOI: 10.1017/aju.2020.49
       
  • Introduction to the Symposium on Drug Decriminalization, Legalization, and
           International Law

    • Authors: Aaronson; Ely, Shaffer, Gregory
      Pages: 275 - 278
      PubDate: 2020-10-12
      DOI: 10.1017/aju.2020.54
       
  • A Brief History of Cannabis and the Drug Conventions

    • Authors: Collins; John
      Pages: 279 - 284
      Abstract: “Drugs” have been regulated at the international level since 1912, while cannabis has been specifically regulated since 1925. Contemporary local, national, and international cannabis regulations are now diverging, with some jurisdictions legalising its recreational production, sale and consumption. This essay explores the legal and historical complexity and contingencies around the development of international cannabis regulations and prohibitions. It highlights that the global drug control system was not solely focused on prohibition and instead was a complex mix of regulations underpinned by frequently ill-defined and unclear prohibitions. It argues that the international drug control system should not serve as a bar to national-level reforms and that the two can continue to coexist. The essay favors a flexible, functional and pragmatic interpretation and implementation of the system as the most likely and indeed preferred outcome of international cannabis policy reforms.
      PubDate: 2020-10-12
      DOI: 10.1017/aju.2020.55
       
  • Politics and Finite Flexibilities: The UN Drug Control Conventions and
           their Future Development

    • Authors: Bewley-Taylor; David
      Pages: 285 - 290
      Abstract: Domestic policy choices concerning the non-medical use of cannabis are generating increased interest in what has been usefully called the global drug prohibition regime. Commentators are questioning whether the UN-based treaty system can accommodate national policy approaches that deviate from the regime's prohibitive ethos. As tension around cannabis “legalization” builds it becomes ever more urgent to relieve systemic pressure, a process to which inter se treaty modification may be key.
      PubDate: 2020-10-12
      DOI: 10.1017/aju.2020.56
       
  • Towards Global Governance: The Inadequacies of the UN Drug Control Regime

    • Authors: Eliason; Antonia, Howse, Robert
      Pages: 291 - 295
      Abstract: Human rights and the UN drug control regime have long had an uneasy relationship, which is evident today in the tensions that exist between criminal justice reform advocates, the institutions of the UN drug control regime, and economic interests that stand to benefit from decriminalization and legalization efforts. The UN drug control regime's relationship with human rights cannot be properly discussed without acknowledging its colonial and racist roots. From the earliest agreement on drug control in 1909, born out of the crisis of opium dependency caused by the forced opening of China to trade in opium by the British, to the 1988 United Nations Convention Against Illicit Traffic in Narcotic Drugs and Psychotropic Substances, which was a product of America's war on drugs, international efforts to regulate drugs have never been for the benefit of those who have suffered the most from both the supply of drugs and its criminalization. The war on drugs has been a global war from the beginning, arising out of colonial structures that centered white/European racial dominance. The inadequacies of the international drug regime and current efforts to reform it are rooted in this historical legacy. In light of this, we argue that efforts by international bodies to center human rights in the discussion on reforming the UN drug control regime are, so far, insufficient. Only through recognizing the power imbalances at play can we advance the possibility of a system that values individuals and responds to a changing landscape where corporate interests are coming to the table in the context of decriminalization and legalization.
      PubDate: 2020-10-12
      DOI: 10.1017/aju.2020.57
       
  • Using One Dying Regime to Save Another: The Influence of International
           Drug Conventions on United States’ Cannabis Research Policy

    • Authors: Mikos; Robert A.
      Pages: 296 - 300
      Abstract: Cannabis reforms are proliferating. A handful of nations have already legalized the drug for recreational purposes, and several more may soon follow suit. These national cannabis reforms are generating bottom-up pressure to liberalize the transnational legal order (TLO) for cannabis prohibition, one that involves not only international law, but also domestic law and regulatory practice. Based on a trio of international conventions, this TLO currently requires member states to limit access to marijuana, especially for non-medical or non-scientific purposes. But even as it comes under attack from below, the existing cannabis prohibition TLO may be exerting its own downward pressure on national cannabis policies. This essay uses a timely case study involving the United States’ marijuana research policy to explore the two-way relationship between international law and national cannabis policies in the dynamics of transnational legal ordering. It highlights an overlooked way the international conventions are currently helping to stifle national cannabis reforms, and it discusses the possible ramifications of that top-down pressure for the future of the cannabis prohibition TLO.
      PubDate: 2020-10-12
      DOI: 10.1017/aju.2020.58
       
  • Drug Policy Reform in the Americas: A Welcome Challenge to International
           Law

    • Authors: Santos; Álvaro
      Pages: 301 - 306
      Abstract: Drug policy in the American hemisphere is in flux. After decades whereby a prohibitionist regime reigned supreme and proposing alternatives was taboo, several countries have begun to reconsider policy, particularly in the case of marijuana. International law has been instrumental in building the legal and institutional regime of prohibition, and it has remained largely impervious to critiques of its disastrous consequences. Indeed, when it comes to drug law and policy, international law has been part of the problem. Nevertheless, countries in the Americas have begun to adopt innovative strategies that also embrace international obligations. In this essay, I examine the failures of the law and order paradigm behind prohibition. I then analyze legal reforms in the Americas as motivated by three different perspectives: 1) human rights, 2) public health and 3) political economy. Each one offers a powerful challenge to prohibition but relies on different assumptions and offers different transformative potential.
      PubDate: 2020-10-12
      DOI: 10.1017/aju.2020.59
       
  • Cannabis Policy Innovations and the Challenges for EU Coordination in Drug
           Policy

    • Authors: Sánchez-Avilés; Constanza
      Pages: 307 - 311
      Abstract: In the past decades, Europe has been the site of multiple drug policy innovations and cannabis policy experimentation. Most of the policy reforms in this area are taking place at the national and subnational levels. They have not resulted from agreements or harmonization initiatives at the EU level, but rather from bottom-up adoption of cannabis policies and practices that deviate from punitive approaches. Cannabis regulation has been only marginally debated by European institutions and is not discussed in depth in any EU document. On the one hand, the diversity of European drug policies is a positive development: it serves as a policy laboratory and reflects adaptations to local contexts in light of drug market-related challenges. On the other hand, a greater EU consensus would be helpful for policy coordination and international engagement.
      PubDate: 2020-10-12
      DOI: 10.1017/aju.2020.60
       
 
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