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
Journal Cover
Indian Journal of International Law
Number of Followers: 0  
 
  Hybrid Journal Hybrid journal (It can contain Open Access articles)
ISSN (Print) 0019-5294 - ISSN (Online) 2199-7411
Published by Springer-Verlag Homepage  [2626 journals]
  • The limitations on the invocation of self-judging clauses in the context
           of WTO dispute settlement
    • Abstract: A series of recent disputes at the WTO, where the security exception has been invoked has prompted intense discussion on the nature, function and limitations of self-judging provisions in international law. Given the wide discretion they confer on States to derogate from their treaty obligations to protect an essential interest, self-judging clauses are commonly found across a host of international agreements. However, aware of the possibility of abuse of such provisions, both states and international courts/tribunals have sought to place limitations on the invocation of such clauses through the use of express language and/or interpretative techniques. This paper drawing from the negotiating history and practice of the GATT argues that the security exception was intended and applied by contracting states as not fully self-judging but subject to certain objective limitations. In addition, the more extensive jurisprudence of other international courts/tribunals suggests that self-judging clauses nevertheless remain subject to a limited form of ‘good-faith’ review. While the panel in Russia-Transit recently confirmed this approach, this paper argues that it missed an opportunity to adopt a more nuanced and robust standard of ‘good-faith’ review adopted by other international courts/tribunals. In doing so the panel placed a rather restrictive interpretation on the security exception that may not be consistent with either the practice or the realities of modern geo-political relations.
      PubDate: 2019-10-14
       
  • Claus Kreb and Stefan Barriga (eds.): The crime of aggression: a
           commentary (volumes I & II)
    • PubDate: 2019-09-24
       
  • Indian practice relating to international law
    • PubDate: 2019-09-06
       
  • Description without apology' On structures, signs and subjectivity in
           international legal scholarship
    • Abstract: In this examination of the state of the art in the methodology of international legal scholarship, attention is focused on the role of explanation and of description. Explanatory claims couched in terms of structure, of signs and of ‘the Other’, and of individual subjectivity, are interrogated. In contemporary international jurisprudence explanations in terms of structure, sign and subjectivity are typically applied eclectically and in amalgamation with sociological and historical explanations. Questionable claims are made concerning the revelation of hidden truths and speculative narratives of origins and development. Koskenniemi’s contribution to these debates is not so much a structuralist exercise revelatory of deep processes, but rather a strategic deployment of rhetorical technique. Ways forward include attending to Orford’s advocacy of description as against explanation in international legal scholarship.
      PubDate: 2019-07-24
       
  • Social and economic rights of refugees under international legal
           framework: An appraisal
    • Abstract: The primary obligations to respect, protect, and ensure the enjoyment of human rights of refugees under international convention rests with the states by passing suitable domestic legislation or otherwise. Likewise for the social and economic rights of the refugees. Being in a foreign country, refugees are most vulnerable to the deprivation of minimum subsistence rights like right to work, education, housing, as well as physical and mental health. Since flight to safety cannot always be planned and majority of them do not have any valuable possessions, refugees are often dependent upon host country for their survival needs. Failure of the state to guarantee adequate social and economic conditions to refugees may result in violation of their right to life and the prohibition of discrimination amongst various refugees. A deprivation of social and economic rights to refugees, insofar as it forestalls them from realizing an adequate standard of living, arguably, amounts to indirect refoulement. Such a denial of basic survival rights is most likely to force the refugees to return to their country of origin where they maybe continued danger of being persecuted.
      PubDate: 2019-06-24
       
  • Comparing Jewish and Islamic laws of war
    • Abstract: Religion as a code of human conduct lends certain legal norms and rules to initiate and regulate war among humans. The deduction and interpretation of these rules from the scriptural sources remains a challenge. It is common understanding that scriptural sources evade a certain interpretation. This study seeks to compare the laws of war enshrined inside the Jewish and Islamic scriptures. Such a comparison underscores the point that the lawgiver remains cognizant of the real world threat perception scenarios and transmits commands in response to them. Accordingly, religious laws step closer to the positivistic understanding of laws. A contextual analyses of the both the scriptural sources remain the main methodological focus of this research enquiry. Such a methodological intervention, on the one hand, shall help in understanding certain socio-political realities. On the other hand, it will be useful in exploring and explaining the specific scope and importance of laws relevant to the waging of war in Islam and Judaism. Primary focus of this study remains jus ad bellum rather than jus in bello.
      PubDate: 2019-06-17
       
  • International humanitarian law in ancient India: a multicivilisational
           perspective
    • Abstract: The present paper emphasises on the application of a multicivilisational perspective to international humanitarian law (IHL) for a proper dissemination of its core principles. The terms used in IHL may not be comprehensible to the civilian population. Disseminating IHL to the civilians by linking IHL principles to the civilisational values and ideas would legitimise the discipline and help in its percolation in society. The present paper culls out some of the IHL principles from the ancient texts of India, thus applying the multicivilisational perspective to IHL.
      PubDate: 2019-05-24
       
  • International Organizations and reservations to treaties: a critical
           review of the International Law Commission’s work
    • Abstract: Reservations to multilateral treaties by International Organizations (IOs/Organizations) is one area where the distinction between the States and IOs is blurred. The Vienna Convention on the Law of Treaties, 1986 (1986 Vienna Convention) places IOs in a position analogous to that of States by establishing a similar regime for reservations. Besides, the International Law Commission’s Guide to Practice on Reservations to Treaties, 2011 (ILC Guide to Practice, 2011) chose to persist with the same approach. The question whether the nature of IOs could have any bearing on the subject of reservations needs closer scrutiny. Accordingly, the issues of compatibility of the system of reservations with the nature of IOs as well as the implications of the specificities of IOs for a regime of reservations that could be extended to them have been addressed in the present paper. The author argues that the system of reservations extended to IOs is compatible with the existing framework of international law. Nevertheless, the transposition of the specific reservations regime developed in the context of States to IOs is problematic and suffers from multiple challenges. The author explains how the existing reservations regime applicable to IOs fails to appreciate the complex relationship between “member-States” within Organization as well as the juridical distinction that exists between the States and IOs.
      PubDate: 2019-05-14
       
  • Access to justice in international courts for indigent states, persons and
           peoples
    • Abstract: Funding and litigation finance is an important aspect of international adjudication. The growing literature on courts and tribunal has however overlooked the subject of litigation cost and finance. This paper considers the development of the practice of trust funds that aid access to international courts and tribunals for states as well as corporate and natural persons. Next, the paper addresses strategies to increase access to justice by poorer developing states and indigent persons. The paper evaluates the means by which further confidence in the adoption of international adjudication, arbitral routes and other appropriate dispute resolution routes may be promoted among poorer parties in order to reduce the deleterious effects of acute financial inequalities between litigants and other participants. In order to exhaustively deal with this issue of litigation financing the paper will, therefore, compare the relevant law and processes of the International Court of Justice, the Permanent Court of Arbitration, the International Tribunal for the Law of the Sea, the European Court of Human Rights, the various International Criminal tribunals, the World Trade Organisation and the International Centre for Settlement of Investment Dispute.
      PubDate: 2019-04-04
       
  • Investor State dispute settlement provisions in India’s model bilateral
           investment treaty: a critique
    • Abstract: India’s Model BIT includes detailed provisions that aim to regulate access to Investor State Dispute Settlement (‘ISDS’) mechanism. Several law and policy matters have been excluded from ISDS scope, pursuit of local remedies by investors has been made mandatory, and, procedural and temporal pre-conditions have been prescribed in order to file arbitration claim. This paper evaluates whether the ISDS mechanism in India’s Model BIT strikes an appropriate balance between investor rights and a sovereigns’ public policy prerogatives. In order to determine the same, the paper analyzes ambit of ISDS scope exclusions; scope for review of States’ action on excluded matters and possibility of claiming reparations under the BIT for losses consequent thereto; and, feasibility of pursuing local remedies. This paper concludes that India’s Model BIT tilts the scale in favour of the State vis-a-vis investors because by restricting access to ISDS mechanism, investor rights would effectively be weakened.
      PubDate: 2019-04-02
       
  • Anthea Roberts: Is international law international'
    • PubDate: 2019-03-18
       
  • Evolving trade undercurrents at the regional level: tides of India’s
           preferential trading in the Indian Ocean and beyond
    • Abstract: The Indian Ocean region has seen an exchange of goods and commodities since antiquity. Long before the emergence of modern nation states and the Westphalian concept of sovereignty, Indian territory saw a regular arrival of foreign merchants and commodities. At the same time, there is a long history of Indian merchants and commodities exploring the expanses of Southeast Asia, West Asia, Southeast Africa and beyond. The Indian Ocean region comprises a number of emerging and developing economies and is considered a dynamic region in terms of trade prospects. A number of preferential trade agreements are doing the round in this region which not only present a prospect to revive the age-old trade linkages within the Indian Ocean region but also foster a promising model of South-South cooperation. Being a large economy, India has an important role to play within the region. Not only that, platforms such as RCEP present India an opportunity to participate in rule-making in the realms of international economic law. Such engagements become even more significant when rule-making at the global trade institution WTO is experiencing a phase of stagnation and while the world is witnessing a wave of protectionism, isolationism, and very recently, a trade war between two giant economies.
      PubDate: 2019-03-18
       
  • Lauge N. Skovgaard Poulsen: Bounded rationality and economic diplomacy:
           the politics of investment treaties in developing countries
    • PubDate: 2018-06-01
       
  • Ending international surrogacy-induced statelessness: an international
           human rights law perspective
    • Abstract: Statelessness among children born out of international surrogacy arrangements is a sad reality. Despite the availability of various international human rights law provisions guaranteeing nationality for newly born children, some states are reluctant to give nationality to the children of their citizens, who are born abroad through surrogacy arrangements. The article analyzes the root causes of statelessness among surrogate born children in the light of laws and regulations available in this realm, and concludes that countries have responsibility under international human rights regime to give nationality to children born out of international surrogacy arrangements. This obligation continues even when the state’s general public policy opposes surrogacy, and even when their jus sanguinis or jus soli norms would otherwise lead to a denial of nationality. The Article then introduces the possibility of discerning the content of these obligations not only from the major international agreements and conventions, but also from regional conventions. This method of analysis recognizes the non-negotiable nature of the human rights duties that states owe to children born out of international surrogacy arrangements while allowing some flexibility to individual states to realize these rights within their own individual and cultural understandings of nationality, parenthood, and the morality of surrogacy.
      PubDate: 2018-06-01
       
  • Necessity of “objective awareness” for the “existence of
           dispute”
    • Abstract: It has been a year since the ICJ for the first time declined jurisdiction because the respondent was not aware that there was a dispute – the “objective awareness” test. The court was deeply divided on this issue, and the decision has been widely criticized for its adoption of the objective awareness test. This article argues that the Court was correct in applying the objective awareness test. The awareness of the respondent has always been found by the PCIJ and ICJ – whether directly or indirectly – and there are sound policy reasons that necessitate it. Firstly, for a dispute to exist for the ICJ to exercise jurisdiction, the extent of disagreement between the parties has to reach a certain degree of seriousness. Such a degree of seriousness cannot exist if the respondent is unaware of the dispute. Secondly, unlike the observation by the judges in the minority, the objective awareness test flows from the jurisprudence of the PCIJ and the ICJ. Thirdly, flexibility at the stage of jurisdiction does not imply that the dispute has to be routinely held to exist. Fourthly, if the respondent is caught unaware and surprise litigation is allowed, it will undermine the confidence of States in the international adjudication process, particularly those that have accepted the compulsory jurisdiction of the ICJ. Lastly, it would make the expression of disagreement at multilateral negotiations impossible. States will be uncomfortable expressing their views freely since in every disagreement there would be roots of a dispute.
      PubDate: 2018-06-01
       
  • Served on a silver platter' A review of the UNCTAD Global Action Menu
           for Investment Facilitation
    • Abstract: Increasing dissatisfaction with investor-State dispute settlement has weakened the adversarial approach to international investment law and policy. This article argues that global initiatives, such as the UNCTAD’s Global Action Menu for Investment Facilitation (the “Action Menu”), provide good policy praxis to redirect the development of international investment law from adversarial to a constructive path. The Action Menu suggests rebuilding of future international investment law and policy with a reconciliatory spirit and by promoting investment facilitation for sustainable development. To demystify the Action Menu’s policy praxis, this article addresses the following key questions: How is the Action Menu’s proposed investment facilitation framework different from existing investment promotion and protection strategies' Does the Action Menu propose a fundamental change to existing international investment policy agenda' Are there other comparable initiatives that may enlighten the Action Menu’s approach' To what extent the existing domestic policies on investment facilitation reflect the Action Menu’s approaches' Would the Action Menu’s investment facilitation framework indeed promote sustainable development' The analysis primarily hinges on the impression that at the time when international investment law is fraught with internal antagonism, the Action Menu’s investment facilitation framework brings positive vibes to international investment law and policy making. Key strengths of the Action Menu are its holistic treatment of all primary foreign investment policy stakeholders (i.e., foreign investors and their home and host States) under one policy framework, and its whole-of-government approach for implementation of investment facilitation policies. The apparent weaknesses are a lack of attention to curb possible race to the bottom and visible lapses in offering a collaborative sustainable development programme. The article concludes that although the Action Menu sets out great policy initiatives, there are many issues that remain to be addressed.
      PubDate: 2018-06-01
       
  • EU-China comprehensive agreement on investment in the context of Chinese
           bilateral investment treaty program with the EU countries
    • Abstract: EU-China negotiations for Comprehensive Agreement on Investment (CAI) have the potential to become one of the most important developments in international economic law as well as in investment treaty policymaking area. The sides have already had 18 rounds of negotiations discussing all major parts of the new BIT, such as the definitions, substantive and procedural protection standards, and still there seems a relatively long way to go for finalizing the formulations of the clauses. The first part of this article puts the China-EU CAI negotiations in historical, political and economic context for giving a background for the concurrent negotiations. The second part of the article provides discussion on substantive investment protection standards found in China-EU28 bilateral investment treaties (BITs) that are currently in force, for assessing the shortcomings of their formulations and pointing out the importance of concluding a unified BIT between China and EU for providing a higher level of legal clarity and certainty to their investors without compromising the regulatory powers of the state.
      PubDate: 2018-06-01
       
  • Indian practice relating to international law
    • PubDate: 2018-06-01
       
  • Reading Professor V. S. Mani from an international relations perspective
    • Abstract: For Professor V.S. Mani eschewing violence was the precondition for international legal order of which courts and tribunals are a central feature. Disputes among states, for Mani, were inevitable. Such inevitability calls for the peaceful settlement of international disputes (PSoD) through negotiation, inquiry, mediation, conciliation, arbitration, judicial settlement, resort to regional agencies or arrangements or other peaceful means. Mani's argued that States are continuously obliged  to strive for peaceful settlement of a dispute; the obligation remains unfulfilled so long as the dispute remains unresolved. Mani's doctrine of "continuous obligation" is essentially the postcolonial side of Hersch Lauterpacht’s articulation of the doctrine of the judicialization of political disputes. The article presents a reading of Mani's body of work through an International Relations perspective. The paper concludes by pointing out to Mani's role in the Nauru case.
      PubDate: 2018-06-01
       
  • Judge Shigeru Oda: A judge with academic and diplomatic experiences
    • Abstract: Judge Shigeru Oda is the only judge to date, Japanese or of any other nationality, to have served for three full terms as a member of the International Court of Justice, The Hague. He studied law at the University of Tokyo and the Yale Law School. Judge Oda served the ICJ from 1976 until 2003, when he retired. International law of the sea remained his main area of expertise. Oda is known for appending many declarations, and separate and dissenting opinions to the decisions of the ICJ. In this article I focus mainly on Judge Oda’s declarations and opinions dealing with the functions of the ICJ. I argue that examining Judge Oda’s declarations and opinions offer a coherent view on the ICJ’s judicial functions.
      PubDate: 2018-06-01
       
 
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