Subjects -> LAW (Total: 1613 journals)
    - CIVIL LAW (37 journals)
    - CONSTITUTIONAL LAW (52 journals)
    - CORPORATE LAW (92 journals)
    - CRIMINAL LAW (28 journals)
    - CRIMINOLOGY AND LAW ENFORCEMENT (169 journals)
    - FAMILY AND MATRIMONIAL LAW (24 journals)
    - INTERNATIONAL LAW (196 journals)
    - JUDICIAL SYSTEMS (23 journals)
    - LAW (981 journals)
    - LAW: GENERAL (11 journals)

INTERNATIONAL LAW (196 journals)                     

Showing 1 - 171 of 171 Journals sorted alphabetically
Acta Juridica Hungarica     Full-text available via subscription   (Followers: 6)
African Journal of International and Comparative Law     Hybrid Journal   (Followers: 21)
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: 72)
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: 8)
Anuario Colombiano de Derecho Internacional     Open Access   (Followers: 1)
Anuario de Derechos Humanos     Open Access   (Followers: 1)
Anuario Español de Derecho Internacional     Full-text available via subscription   (Followers: 3)
Anuario español de derecho internacional privado     Partially Free  
Anuario Iberoamericano de Derecho Internacional Penal     Open Access   (Followers: 3)
Anuario Mexicano de Derecho Internacional     Open Access   (Followers: 2)
Arbitration International     Full-text available via subscription   (Followers: 20)
ASA Bulletin     Full-text available via subscription   (Followers: 5)
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: 19)
Australasian Policing     Full-text available via subscription   (Followers: 7)
Australian International Law Journal     Full-text available via subscription   (Followers: 23)
Australian Journal of Asian Law     Full-text available via subscription   (Followers: 4)
Belli Ac Pacis : Jurnal Hukum Internasional     Open Access   (Followers: 2)
Berkeley Journal of International Law     Open Access   (Followers: 25)
Boletin Mexicano de Derecho Comparado     Open Access   (Followers: 2)
Borderlands Journal : Culture, Politics, Law and Earth     Open Access  
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: 39)
Brooklyn Journal of International Law     Open Access   (Followers: 6)
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: 5)
Cape Town Convention Journal     Open Access  
Chicago Journal of International Law     Full-text available via subscription   (Followers: 10)
Chinese Journal of International Law     Hybrid Journal   (Followers: 24)
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: 17)
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: 21)
Cornell International Law Journal     Open Access   (Followers: 7)
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: 6)
Deusto Journal of Human Rights     Open Access   (Followers: 3)
Duke Journal of Comparative & International Law     Open Access   (Followers: 18)
European Business Law Review     Full-text available via subscription   (Followers: 17)
European Company Law     Full-text available via subscription   (Followers: 13)
European Foreign Affairs Review     Full-text available via subscription   (Followers: 35)
European Journal for Security Research     Hybrid Journal   (Followers: 2)
European Journal of International Law     Hybrid Journal   (Followers: 251)
European Labour Law Journal     Full-text available via subscription   (Followers: 18)
European Political Science     Hybrid Journal   (Followers: 45)
European Property Law Journal     Hybrid Journal   (Followers: 8)
Fordham International Law Journal     Full-text available via subscription   (Followers: 22)
Foreign Policy Bulletin     Hybrid Journal   (Followers: 7)
Georgia Journal of International and Comparative Law     Open Access   (Followers: 5)
Global Jurist     Hybrid Journal   (Followers: 7)
Global Justice : Theory Practice Rhetoric     Open Access   (Followers: 1)
Harvard International Law Journal     Free   (Followers: 52)
ICSID Review : Foreign Investment Law Journal     Hybrid Journal   (Followers: 13)
Indian Journal of International Law     Hybrid Journal  
Inter: Revista de Direito Internacional e Direitos Humanos da UFRJ     Open Access   (Followers: 1)
Intergenerational Justice Review     Open Access  
International & Comparative Law Quarterly     Full-text available via subscription   (Followers: 273)
International Area Studies Review     Hybrid Journal   (Followers: 3)
International Commentary on Evidence     Hybrid Journal   (Followers: 1)
International 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: 32)
International Journal of Discrimination and the Law     Hybrid Journal   (Followers: 8)
International Journal of Evidence and Proof     Full-text available via subscription   (Followers: 13)
International Journal of Information Privacy, Security and Integrity     Hybrid Journal   (Followers: 28)
International Journal of Language & Law     Open Access   (Followers: 4)
International Journal of Law in Context     Hybrid Journal   (Followers: 18)
International Journal of Law, Crime and Justice     Hybrid Journal   (Followers: 67)
International Journal of Law, Policy and the Family     Hybrid Journal   (Followers: 22)
International Journal of Nuclear Law     Hybrid Journal   (Followers: 5)
International Journal of Political Economy     Full-text available via subscription   (Followers: 17)
International Journal of Private Law     Hybrid Journal   (Followers: 11)
International Journal of Public Law and Policy     Hybrid Journal   (Followers: 13)
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 Planning Studies     Hybrid Journal   (Followers: 9)
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: 87)
Israel Law Review     Hybrid Journal   (Followers: 2)
Ius Gentium     Open Access   (Followers: 4)
Jerusalem Review of Legal Studies     Hybrid Journal  
Journal of Aggression, Conflict and Peace Research     Hybrid Journal   (Followers: 52)
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: 19)
Journal of International Economic Law     Hybrid Journal   (Followers: 35)
Journal of International Political Theory     Hybrid Journal   (Followers: 21)
Journal of International Trade Law and Policy     Hybrid Journal   (Followers: 20)
Journal of Law, Policy and Globalization     Open Access   (Followers: 19)
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: 8)
Journal on the Use of Force and International Law     Full-text available via subscription   (Followers: 17)
Legal Issues of Economic Integration     Full-text available via subscription   (Followers: 13)
Leiden Journal of International Law     Hybrid Journal   (Followers: 45)
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)
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: 22)
Netherlands Yearbook of International Law     Full-text available via subscription   (Followers: 17)
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)
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)
Paix et Sécurité Internationales     Open Access  
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: 8)
Review of European, Comparative & International Environmental Law     Hybrid Journal   (Followers: 8)
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 Facultad de Jurisprudencia     Open Access  
Revista Tribuna Internacional     Open Access   (Followers: 1)
Revista Videre     Open Access   (Followers: 3)
Revue québécoise de droit international / Quebec Journal of International Law / Revista quebequense de derecho internacional     Open Access   (Followers: 2)
Santa Clara Journal of International Law     Open Access   (Followers: 2)
SASI     Open Access   (Followers: 6)
South African Yearbook of International Law     Full-text available via subscription   (Followers: 2)
South Carolina Journal of International Law and Business     Open Access   (Followers: 4)
Stanford Journal of International Law     Full-text available via subscription   (Followers: 12)
Syracuse Journal of International Law and Commerce     Open Access   (Followers: 3)
TDM Transnational Dispute Management Journal     Full-text available via subscription   (Followers: 6)
Tilburg Law Review     Open Access   (Followers: 6)
Transnational Environmental Law     Hybrid Journal   (Followers: 7)
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: 5)
Washington University Global Studies Law Review     Open Access   (Followers: 11)
Wisconsin International Law Journal     Free   (Followers: 5)
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: 10)
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
Netherlands International Law Review
Journal Prestige (SJR): 0.274
Number of Followers: 22  
 
  Full-text available via subscription Subscription journal
ISSN (Print) 0165-070X - ISSN (Online) 1741-6191
Published by Springer-Verlag Homepage  [2656 journals]
  • Due Diligence in International Environmental Law and International Human
           Rights Law: A Comparative Legal Study of the Nationally Determined
           Contributions under the Paris Agreement and Positive Obligations under the
           European Convention on Human Rights
    • Abstract: Due diligence is a frequently employed notion in international law, yet much is still to be explored about this concept. This article aims to contribute to an understanding of due diligence obligations in international law, which is useful as it can form the basis for a further clarification of corresponding legal rights of subjects of international law. With this purpose in mind, this article initiates the construction of a working model of due diligence in international law by exploring this notion from two perspectives: an accountability perspective and a regulatory perspective. Subsequently, this article will use this model to compare the operation of due diligence obligations in two branches of international law: international environmental law and international human rights law. In doing so, it will become clear that due diligence contains two core elements: ‘reasonableness’ and ‘good faith’. Moreover, it will become apparent that the operation of due diligence obligations in these two branches has implications for systemic issues in international law. Further research on the operation of due diligence obligations in other branches of international law is therefore recommended.
      PubDate: 2021-04-28
       
  • Hague Case Law: Latest Developments
    • PubDate: 2021-04-21
       
  • Community Interest and the International Public Legal Order
    • Abstract: Traditional ideas about the private nature of the international legal order are increasingly being forced to contend with the development of public legal elements at the international level. The notion of the international community interest is key to understanding these developments and, as such, has transformed our understanding of international law. There are many different approaches to the public/private distinction in law, broadly categorised into relational, public authority, and interest-based approaches. These can be reduced to four key elements of publicness: the existence of a community or public; the universality of the public regime in question with its own boundaries; normative and institutional hierarchies; the objectivity of obligation and responsibility. The development of the community interest and related norms of international law can be seen to have introduced and strengthened all of these elements of publicness within the international legal system. It is thus on its way to becoming an international public legal order. This has important implications for our understanding of international law and the future development of the international legal order.
      PubDate: 2021-04-19
       
  • Treaty-text Loyalists’ Burden with Subsequent State Practice
    • Abstract: The role of subsequent state practice in the procedural law of treaties, and in the determination of consent in the implementation of treaties have become the subject of much scholarly debate in recent times. The UN International Law Commission has devoted copious amounts of study time into these issues under the distinguished guidance of Georg Nolte as Special Rapporteur. Ph.D. theses and research monographs, journal articles and commentaries have appeared on the matter, but the debate persists. At one end of this debate are treaty-text loyalists that reject the potential of subsequent state practice to modify what they regard as ‘solemn oaths’ taken by states when they conclude and adopt a treaty. That ‘temporal declaration of consent’ by states to be bound by a treaty regime is for them sacrosanct. At the other end are analytical jurisprudence scholars who appear to insist upon a purpose test approach to the matter. This article evaluates treaty-text loyalists’ arguments under current state practice on treaty implementation across a number of disciplines. It shows that the view that ‘temporal consent’ supremely prohibits the modification of treaties through subsequent state practice is exaggerated. Moreover, the ‘solemn oaths’ perception of treaties is not supported by recent examples of treaty implementation.
      PubDate: 2021-04-06
       
  • The Legal Consequences of Obligations Erga Omnes in International Law
    • Abstract: While obligations erga omnes have increasingly been referred to in the jurisprudence, the legal consequences of those obligations are not adequately clarified in international law. Thus this article explores the legal effects of obligations erga omnes in general international law. After an examination of the criteria for the identification of obligations erga omnes, this article considers three possible legal consequences of those obligations: (1) the obligation not to recognize illegal situations, (2) third-party countermeasures, and (3) the locus standi of not directly injured States in response to a breach of obligations erga omnes. There is little doubt that the concept of obligations erga omnes is key in protecting the fundamental values and common interests of the international community as a whole or community interests. However, it cannot pass unnoticed that the legal effects of obligations erga omnes can be restricted by several factors. In this sense, it may have to be admitted that the concept of obligations erga omnes remains ambivalent as a means of protecting community interests in international law.
      PubDate: 2021-03-15
       
  • China’s Stance on Investor-State Dispute Settlement: Evolution,
           Challenges, and Reform Options
    • Abstract: China is one of the most active states in concluding bilateral investment treaties (BITs) globally. Its BITs can be categorized into three generations based on the homogeneity of the investor-state dispute settlement (ISDS) provisions within each generation. The China–EU Comprehensive Agreement on Investment and the China–US BIT under negotiation are expected to inaugurate a fourth generation, although China’s stance on ISDS in both treaties remains indeterminate. This article elaborates on the distinctive characteristics of ISDS provisions by mapping three generations of Chinese BITs, presenting the challenges that these ISDS provisions have brought to light in investor-state adjudication as well as in the context of the Belt and Road Initiative, and expounding on China’s policy options in ISDS reform. The on-going intense debate on ISDS reform presents China with an opportunity to shift from its traditional role of a rule-taker to a rule-maker in redesigning the ISDS mechanism. However, China’s current policy and practice do not demonstrate an ambition for such a transformation. Looking forward, it may well be in China’s long-term interest to endorse a Multilateral Investment Court as vigorously advocated by the EU.
      PubDate: 2020-12-15
      DOI: 10.1007/s40802-020-00182-3
       
  • Allies or Foes' A Review of the Relationship between the International
           Criminal Court and the United Nations Security Council
    • Abstract: The question concerning the relationship between the United Nations and the International Criminal Court proved controversial during the drafting of the Rome Statute. While some delegates were concerned about the impact of this relationship on the independence and operations of the Court, others viewed it as key to ensuring the acceptance of the Court. Two decades after the adoption of the Rome Statute and the establishment of the International Criminal Court, this relationship has proved to be a source of problems. This article reviews the efficacy of the relationship between the International Criminal Court and the United Nations Security Council. It argues that the relationship has not only failed to fulfil its intended objectives but has plunged the International Criminal Court into a crisis of legitimacy. The article argues that given the relationship’s failure to live up to the expectations of the drafters of the Statute, and the substantial damage it has caused to the Court’s image, it is in the best interest of international criminal justice to discontinue this relationship.
      PubDate: 2020-12-10
      DOI: 10.1007/s40802-020-00183-2
       
  • ‘Necessary’ in Non-Precluded Measures Provisions in Bilateral
           Investment Treaties: The Indian Contribution
    • Abstract: One of the controversial issues in international investment law disputes has been the interpretation of ‘necessary’ in the non-precluded measures (NPM) provisions in bilateral investment treaties (BITs). investor-state dispute settlement (ISDS) tribunals have employed different methodologies to interpret ‘necessary’ in the NPM provisions ranging from using the customary international law defence of necessity codified in Article 25 of the ILC Articles on State Responsibility to using the World Trade Organization (WTO)’s necessity analysis. However, a robust interpretative framework for ‘necessary’ in BITs’ NPM provisions remains elusive. Given this aspect, the new treaty practice of India to incorporate the least restrictive alternative measure (LRM) test in its newly signed BITs to interpret ‘necessary’ in NPM provisions has regenerated the debate on the interpretation of ‘necessary’ in NPM provisions. This article argues that the incorporation of the LRM test to interpret ‘necessary’ in NPM provisions marks a rejection of the use of the customary international law defence of necessity to interpret the treaty defence of necessity. The article proposes a two-step analytical interpretative framework aimed at operationalizing the LRM test to interpret ‘necessary’ in BITs’ NPM provisions. This framework is deferential to the host State’s regulatory autonomy and will also ensure that States fully comply with their treaty obligations towards foreign investors.
      PubDate: 2020-12-07
      DOI: 10.1007/s40802-020-00180-5
       
  • Hague Case Law: Latest Developments
    • PubDate: 2020-12-01
      DOI: 10.1007/s40802-020-00181-4
       
  • W.A. Schabas, Nowak’s CCPR Commentary: U.N. Covenant on Civil and
           Political Rights, 3rd rev. edn.
    • PubDate: 2020-11-05
      DOI: 10.1007/s40802-020-00179-y
       
  • T. Squatrito, O.R. Young, A. Follesdal, and G. Ulfstein (eds.), The
           Performance of International Courts and Tribunals
    • PubDate: 2020-11-02
      DOI: 10.1007/s40802-020-00178-z
       
  • E. de Wet, Military Assistance on Request and the Use of Force
    • PubDate: 2020-10-26
      DOI: 10.1007/s40802-020-00177-0
       
  • Green Shoots in a Barren World: Recent Developments in International
           Investment Law
    • Abstract: This article begins from the observation that there have been a number of developments in international investment law-making and the jurisprudence of investor-state dispute settlement tribunals involving the protection of the environment and human rights. As for law-making, this article explores the evolving substance of international investment agreements as well as regulatory developments in the area of business and human rights that are of relevance to the international investment law framework. The article then turns to consider the emergence of human rights and environmental issues in the recent jurisprudence of investment tribunals and appraises how such issues have been dealt with—both in procedural and substantive terms—by arbitral tribunals. Finally, it questions whether investment tribunals are appropriate venues for the adjudication of non-investment matters like environmental and human rights issues, and highlights best practices that could be adopted by future tribunals. Overall, the article concludes that the piecemeal approach adopted to date provides a step in the right direction but is ultimately inadequate given the multiple challenges that our planet currently faces. Rather, a more ambitious agenda that is concerned with promoting good investment, as opposed to mitigating bad practices, should be pursued.
      PubDate: 2020-10-26
      DOI: 10.1007/s40802-020-00175-2
       
  • The Obligation to Provide Reparations by Armed Groups: A Norm under
           Customary International Law'
    • Abstract: Reparations represent a key element to redress the suffering caused to victims of armed conflict. Taking into account the predominantly non-international nature of contemporary armed conflicts and the fact that armed groups represent half of the participants, it seems legitimate to question whether reparations should also be provided by armed groups. From the victims’ perspective, the suffering caused to them remains the same irrespective of whether the perpetrator is a state or a non-state actor. In this context, there appears to be an emerging practice supporting the obligation of armed groups to provide reparation, as acknowledged in some UN reports. In addition, there have been examples of armed groups committing to provide some forms of reparation to victims through peace agreements, unilateral declarations and codes of conduct. This article analyses the recent international practice and examines any potential duty by non-state armed groups that could have been recognised in the provision of reparations. More precisely, the article evaluates whether the developments in the practice of armed groups could be considered as contributing to customary international law and suggests how this practice could be weighted together with the practice of states. It also identifies challenges and limiting factors in the provision of reparations by armed groups.
      PubDate: 2020-10-20
      DOI: 10.1007/s40802-020-00176-1
       
  • Whose Cultural Objects' Introducing Heritage Title for Cross-Border
           Cultural Property Claims
    • Abstract: Cultural objects have a special, protected, status because of their intangible ‘heritage’ value to people, as symbols of an identity. This has been so since the first days of international law and, today, there is an extensive legal framework to protect cultural objects and to prohibit looting. Despite this, for as long as demand exists and profits are high, cultural objects continue to be looted, smuggled and traded. At some point, their character tends to change from protected heritage in an original setting to valuable art and commodity in the hands of new possessors. In this new setting, the legal status of such objects most likely will be a matter of ownership and the private law regime in the country where they happen to end up. This article suggests that, irrespective of the acquired rights of others, original owners should still be able to rely on a ‘heritage title’ if there is a continuing cultural link. The term aims to capture the legal bond between cultural objects and people, distinct from ownership, and is informed by international cultural heritage and human rights law norms. The proposition is that, whilst ownership interests are accounted for in national private law, legal tools are lacking to address heritage interests and identity values that are acknowledged in international law. Neither the existing legal framework for the art trade, based on the 1970 UNESCO Convention, nor regular ownership concepts appear particularly suited to solve title issues over contested cultural objects. The notion of ‘heritage title’ in a human rights law approach can act as a bridge in that regard.
      PubDate: 2020-08-27
      DOI: 10.1007/s40802-020-00174-3
       
  • The Nomination of International Judges by ‘the Enlightened Few’: A
           Comment on the Royal Decree of 23 January 2020 Concerning the
           Establishment of a Dutch National Group at the Permanent Court of
           Arbitration
    • Abstract: On 23 January 2020, the Government of the Netherlands adopted a Royal Decree concerning the Establishment of a Dutch National Group at the Permanent Court of Arbitration. The Decree aims to provide fairness, transparency and consistency in terms of the composition of the national group and its function of nominating candidates for election to international courts. This contribution puts the Dutch national group in context in the relevant international legal framework, analyses the specifics of the Decree and critically evaluates its strengths and weaknesses. It will be argued that while the Decree offers a number of welcome procedural specifications and innovations, it contains elements that deserve refinement and improvement in order to prevent that the Dutch national group acts (or is perceived to act) as a rubber stamp institution that simply carries out the will of the Government when making nominations for the international judiciary.
      PubDate: 2020-08-13
      DOI: 10.1007/s40802-020-00173-4
       
  • Article 75 of the Rome Statute: Reparations and Their Implementation in
           the Dutch Legal System
    • Abstract: Unlike the ICTY and ICTR Statutes, the Rome Statute of the ICC provides in Article 75 for various forms of court-ordered reparations for the victims of heinous crimes that fall within the jurisdiction of the Court. The ICC, however, does not have any ‘penal enforcement authority’ of its own, nor does it have the authority to enforce its reparation orders or orders to freeze or seize the accused’s property as a protective measure. For the enforcement of court-ordered reparations and protective measures, it depends to a great extent on the cooperation of State Parties. In the Netherlands, the implementation instrument is the ICC Implementation Act, which establishes the basic legal framework for the enforcement of ICC reparation orders and ‘protective measures’ ordered by the Pre-Trial Chamber to secure redress of a future reparations award. This article offers a practical description of the general framework for victims’ access to reparations under the Rome Statute and its implementation in the Dutch legal system. The article will also deal with possible third-party conflicts and how to address them.
      PubDate: 2020-08-03
      DOI: 10.1007/s40802-020-00171-6
       
  • Edward Chukwuemeke Okeke, Jurisdictional Immunities of States and
           International Organizations
    • PubDate: 2020-07-29
      DOI: 10.1007/s40802-020-00168-1
       
  • Hague Case Law: Latest Developments
    • PubDate: 2020-07-28
      DOI: 10.1007/s40802-020-00169-0
       
  • Competing Climate Change Responses: Reflections on EU Unilateral
           Regulation of International Transport Emissions in Light of Multilateral
           Developments
    • Abstract: In 2016, the International Civil Aviation Organization (ICAO) and International Maritime Organization (IMO) made important strides towards the regulation of emissions from international aviation and maritime transport. This was partially catalysed by the ‘ultimatum strategy’ of the European Union (EU), where the Union persistently threatened to take unilateral steps in the absence of multilateral action. As this article analyses, it appears that the Union is reluctant to relinquish its unilateral approach and align fully with both the ICAO Carbon Offsetting and Reduction Scheme and the IMO Global Data Collection Scheme. This raises questions under public international law as to the relationships between these competing measures. Amidst rising political pressures, this article considers the extent to which the unfolding multilateral policies of the ICAO and IMO may limit the regulatory competence of the EU. While the EU is an independent legal entity, it has been conferred far-reaching competences by its Member States who are themselves members of these other international organisations. Given the lack of clarity on clear hierarchical rules, an important role remains for the customary law of state jurisdiction in governing regulatory competence more generally. The final part of this article engages with recent discussions on the existence of an obligation to exercise jurisdictional self-restraint. It reflects on the tensions arising between respect for states’ regulatory autonomy and the prevention of ‘dangerous’ anthropogenic climate change.
      PubDate: 2020-06-10
      DOI: 10.1007/s40802-020-00167-2
       
 
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