Subjects -> LAW (Total: 1536 journals)
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    - CONSTITUTIONAL LAW (52 journals)
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    - CRIMINAL LAW (28 journals)
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    - FAMILY AND MATRIMONIAL LAW (23 journals)
    - INTERNATIONAL LAW (171 journals)
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INTERNATIONAL LAW (171 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: 25)
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: 16)
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: 252)
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: 9)
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   (Followers: 1)
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  

           

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AJIL Unbound
Number of Followers: 0  

  This is an Open Access Journal Open Access journal
ISSN (Online) 2398-7723
Published by Cambridge University Press Homepage  [397 journals]
  • Introduction to the Symposium on Global Labs of International Commercial
           Dispute Resolution

    • Authors: Roberts; Anthea
      Pages: 1 - 4
      PubDate: 2021-01-05
      DOI: 10.1017/aju.2020.83
       
  • Experimenting with International Commercial Dispute Resolution

    • Authors: Bookman; Pamela K., Erie, Matthew S.
      Pages: 5 - 10
      Abstract: In this essay, we describe the overlapping phenomena of new legal hubs (NLHs), international commercial courts, and arbitral courts. We survey their impact on the law and geopolitics of international commercial dispute resolution, identifying key issues these new dispute resolution institutions raise. While the rise of international commercial courts spans authoritarian and liberal states, Western and Asian states, common law and civil law traditions, it also highlights and builds upon regional differences. We question the assumption that the establishment of new courts is always consistent with an increase in the rule of law, particularly in non-democratic states. We close with thoughts about the potential influence and future role of these institutions. Some of the procedural innovations discussed here may lead to shifts in international commercial dispute resolution for years to come, but the question of whether there is sufficient demand for these new institutions lingers.
      PubDate: 2021-01-05
      DOI: 10.1017/aju.2020.78
       
  • The Resolution of International Commercial Disputes – What Role (if any)
           for Continental Europe'

    • Authors: Rühl; Giesela
      Pages: 11 - 16
      Abstract: The past sixteen years have witnessed the proliferation of international commercial courts around the world. However, up until recently, this was largely an Asian and a Middle Eastern phenomenon. Only during the past decade have Continental European countries, notably Germany, France and the Netherlands, joined the bandwagon and started to create new judicial bodies for international commercial cases. Driven by the desire to attract high-volume commercial litigation, these bodies try to offer international businesses a better dispute settlement framework. But what are their chances of success' Will more international litigants decide to settle their disputes in these countries' In this essay, I argue that, despite its recently displayed activism, Continental Europe lags behind on international commercial courts. In fact, although the various European initiatives are laudable, most cannot compete with the traditional market leaders, especially the London Commercial Court, or with new rivals in Asia and the Middle East. If Continental Europe wants a role in the international litigation market, it must embrace more radical change. And this change will most likely have to happen on the European––not the national––level.
      PubDate: 2021-01-05
      DOI: 10.1017/aju.2020.80
       
  • Conservative Innovation: The Ambiguities of the China International
           Commercial Court

    • Authors: Chaisse; Julien, Qian, Xu
      Pages: 17 - 21
      Abstract: In the global development of new international commercial dispute resolution centers, the China International Commercial Court (CICC) represents a genuine innovation in China's legal history. The CICC aims to become a dispute resolution “one stop shop” (combining litigation, arbitration, and mediation) for Belt and Road Initiative (BRI) related disputes. Despite its name and ambition, however, the CICC operates more like a domestic court. The CICC's stringent jurisdictional requirements and conservative institutional design show that the CICC cannot serve its stated objective of attracting new investment opportunities or foreign parties to the Chinese forum. These defects are not fatal but will have to be addressed for the CICC to reach its full potential of hybridization of litigation and arbitration both in and beyond China.
      PubDate: 2021-01-05
      DOI: 10.1017/aju.2020.81
       
  • The International Commercial Dispute Prevention and Settlement
           Organization: A Global Laboratory of Dispute Resolution with an Asian
           Flavor

    • Authors: Wang; Guiguo, Sharma, Rajesh
      Pages: 22 - 27
      Abstract: The Second Belt and Road Forum for International Cooperation announced the establishment of the International Commercial Dispute Prevention and Settlement Organization (ICDPASO) in 2019. The ICDPASO was coordinated by the China Council for the Promotion of International Trade and the China Chamber of International Commerce, together with industrial and commercial organizations and legal service agencies from over thirty countries and regions including the European Union, Italy, Singapore, Russia, Belgium, Mexico, Malaysia, Poland, Bulgaria, and Myanmar. It was launched on 15 October 2020. As its title indicates, ICDPASO's mandate to provide dispute resolution services is not confined to the Belt and Road Initiative (BRI) countries but includes resolving any disputes that the parties entrust to its jurisdiction. The ICDPASO aims to serve as a “legal hub” to resolve commercial and investment disputes effectively, efficiently, and practically. Unlike other multilateral dispute resolution forums, it is intended to provide an Asian-centric multilateral dispute resolution forum. This essay, the first on the subject of the ICDPASO, discusses how the ICDPASO can serve as a global laboratory for experimenting and innovating in dispute resolution with the potential to impact the landscape of international law, in particular its innovative use of mediation, good offices, and appeal processes to prevent and resolve disputes arising from the BRI. As BRI projects aim to establish infrastructure and digital connectivity within BRI countries and regions for trade and development, this essay argues that the dispute resolution process under the ICDPASO should take into account the overall development of a country or region. The essay concludes that the ICDPASO will be a game changer by introducing an Asian way of resolving disputes.
      PubDate: 2021-01-05
      DOI: 10.1017/aju.2020.82
       
  • International Commercial Courts in the United States and Australia:
           Possible, Probable, Preferable'

    • Authors: Strong; S.I.
      Pages: 28 - 33
      Abstract: As worldwide interest in international commercial courts grows, questions arise as to whether individual nations can or should seek to compete in the “litigation market” by developing their own cross-border business courts. This essay compares the prospects of the United States and Australia in this regard, focusing on whether it is possible (Section II), probable (Section III), and preferable (Section IV) for one or both of these two federalized, common law nations to develop an international commercial court as part of their national judicial systems. The inquiry is particularly intriguing given that one country (the United States) has had a somewhat uneven relationship with international engagements while the other (Australia) is maintaining or increasing its connections to the rest of the world. Although this discrepancy could be used to explain the relative status of the debate about international commercial courts, which is much more advanced in Australia than in the United States, it is also possible that the distinctions between the United States and Australia are motivated by other factors. While neither country appears poised to create an international commercial court at the moment, the current analysis helps identify the types of factors that policy-makers can and should consider when contemplating reforms of this nature.
      PubDate: 2021-01-05
      DOI: 10.1017/aju.2020.77
       
  • Global Laboratories of Third-Party Funding Regulation

    • Authors: Sahani; Victoria Shannon
      Pages: 34 - 39
      Abstract: Third-party funding, also known as “dispute finance,” is a controversial, dynamic, and evolving arrangement whereby an outside entity (“the funder”) finances the legal representation of a party involved in litigation or arbitration, whether domestically or internationally, on a non-recourse basis, meaning that the funder is not entitled to receive any money from the funded party if the case is unsuccessful. It has been documented in more than sixty countries on six continents worldwide—including in many of the jurisdictions highlighted in this symposium that are experimenting with other aspects of international commercial dispute resolution. Indeed, funding greases the wheels of this experimentation. The true prevalence of third-party funding is likely far greater than we know since disclosure is not presently mandated everywhere. This essay argues that the three biggest global regulatory issues with respect to dispute finance are disclosure, definition, and delegation of oversight and that the global laboratories of dispute finance remain firmly within the control of the private sector with the public regulators continuously struggling to understand and address new developments in the industry. An apt analogy would be that the dispute financiers are driving cars and building spaceships with respect to their innovative financing arrangements, while many of the regulators are aiming their sights at the classic “horse-and-buggy” third-party funding arrangements that are rapidly falling out of use.
      PubDate: 2021-01-05
      DOI: 10.1017/aju.2020.79
       
  • Introduction to the Symposium on the Biden Administration and the
           International Legal Order

    • Authors: Shaffer; Gregory, Sloss, David L.
      Pages: 40 - 45
      PubDate: 2021-01-22
      DOI: 10.1017/aju.2020.84
       
  • Cultivating Normative Authority: The Biden Administration, Migration, and
           the International Legal Order

    • Authors: Ramji-Nogales; Jaya
      Pages: 46 - 51
      Abstract: President Biden faces many hurdles to constructing an effective international legal order on migration, not least of which is the absence of any such structure even prior to the dual challenges of the nationalist fallout of the Trump administration's rhetoric and policies and the COVID-19 pandemic. Yet the excesses of cruelty under Trump and the social instability resulting from the pandemic may have created political space for the Biden administration to lay the groundwork for a more comprehensive international structure that governs migration of all kinds. To that end, President Biden should cultivate normative authority in the migration arena by shifting the national discourse, shoring up international agreements and institutions, and building regional cooperation.
      PubDate: 2021-01-22
      DOI: 10.1017/aju.2020.86
       
  • A New Era for Trade'

    • Authors: Goldstein; Judith
      Pages: 52 - 56
      Abstract: Trade policy decisions have direct, and almost immediate, effects on American jobs and wages. As result, historically, commercial policy has been highly partisan and closely associated with constituent demands. From this perspective, the post-World War II years were anomalous: trade policy was bipartisan and de-politicized. Due to rapid growth in the U.S. economy, those hurt by imports were easily re-employed, dampening the growth of a pro-protection coalition in either party. This facilitated a U.S.-led expansion of trade under the umbrella of commonly accepted international rules. In the last decades of the twentieth century, however, this pro-trade consensus began to unravel. While U.S. exports continued to thrive, the growth of regional and global value chains and the emergence of East Asian manufacturing giants caused job dislocation and a bifurcation of the U.S. economy around a skill premium. The Trump administration's response was to externalize these problems onto U.S. trading partners. The Biden administration needs a different strategy. Even though the Democratic party has been critical of aspects of the multilateral regime, Biden must re-connect with the international community. The United States should strive to be a better partner in the World Trade Organization (WTO), resist the capricious use of trade law, and rebuild a competitive domestic economy.
      PubDate: 2021-01-22
      DOI: 10.1017/aju.2020.91
       
  • A Human Rights Agenda for the Biden Administration

    • Authors: Cleveland; Sarah H.
      Pages: 57 - 62
      Abstract: The Biden administration has much to do to restore the United States’ credibility as a human rights leader and to strengthen the human rights system in an era of rising right-wing nationalism, authoritarianism, and competition for global power. In doing so, it needs to lead by example by putting its own house in order, and act with both courage and humility in the face of deep global skepticism and distrust. Specifically, the administration should pursue five stages of engagement on human rights: reverse and revoke measures taken by the Trump administration, reaffirm the United States’ traditional commitments to human rights at home and abroad, rebuild the State Department and diplomatic corps, reengage with international and regional mechanisms through bilateral and multilateral diplomacy, and reconceptualize the United States’ twenty-first century relationship to human rights. All of the other topics addressed in this symposium—climate, health, elections, migration, structural racism, and trade—implicate human rights. None can be adequately addressed without a robust U.S. human rights agenda.
      PubDate: 2021-01-22
      DOI: 10.1017/aju.2020.88
       
  • “To Restore the Soul of America”: How Domestic Anti-Racism
           Might Fuel Global Anti-Racism

    • Authors: Lovelace; H. Timothy
      Pages: 63 - 68
      Abstract: On November 7, 2020, President Joe Biden proclaimed that his administration would “restore the soul of America.” He declared that U.S. voters had given him a mandate “to achieve racial justice and root out systemic racism in this country,” and that he plans to use the nation's restored moral leadership to create international consensus around U.S. values and urge foreign nations and intergovernmental institutions to adopt anti-racist agendas. To be sure, Biden's commitment to ending systemic racism is rooted in troubling notions of U.S. exceptionalism and invokes an unfounded anti-racist nostalgia. We should never “restore” America's racial past. Nevertheless, Biden's commitment is, in many ways, refreshing and raises a crucial and productive question: how might the United States recalibrate the international legal order and address systemic racism within Biden's framework' One straightforward and pragmatic answer emerges: the Biden administration should live up to the standards of those who inspired his campaign's mission. In other words, truly improving the racial order at home might be a viable way to advance anti-racism abroad, including through existing international institutions.
      PubDate: 2021-01-22
      DOI: 10.1017/aju.2020.90
       
  • A Roadmap for Fighting Election Interference

    • Authors: Ohlin; Jens David
      Pages: 69 - 73
      Abstract: If we have learned anything since the 2016 election, it is that foreign election interference is not just a strategic tool used by Russia. Many countries are now using social media disinformation as statecraft to attack democracies. With a relatively small investment of personnel and financial resources, a foreign power can use social media and other online tools to heighten divisions in the electorate, spread disinformation and conspiracy theories, and undermine confidence in the electoral system specifically and democratic institutions generally. The Biden administration should use the moral, political, and legal authorities of the Executive Branch to protect the United States from foreign election interference. In parallel, it should work cooperatively with allies to combat election interference using multilateral initiatives.
      PubDate: 2021-01-22
      DOI: 10.1017/aju.2020.87
       
  • How the Biden Administration Can Reinvigorate Global Health Security,
           Institutions, and Governance

    • Authors: Gostin; Lawrence O., Friedman, Eric A., Wetter, Sarah
      Pages: 74 - 79
      Abstract: Joseph R. Biden was elected President of the United States during a period of compound crises for global health and security: the worst pandemic in a century, as well as steep reverses in progress toward reducing poverty, hunger, and disease. The United States has been in full retreat from global health leadership, fraying relationships with allies, weakening global institutions, and engaging in nationalist populism that threatens global cooperation to address worldwide challenges. Yet these tragic circumstances are also fertile soil for deep structural reforms. President Biden can both bolster the immediate responses to COVID-19 and its vast ramifications, and spearhead lasting changes to create a healthier and safer world, from which the United States would richly benefit. His immediate task will be to bring U.S. economic and scientific strength to the COVID-19 response in partnership with the World Health Organization (WHO). The Biden administration should also assume financial and strategic leadership in bolstering world efforts to achieve the Sustainable Development Goals (SDGs), including its singular pledge to leave no one behind. Finally, President Biden should empower the WHO and lead on reforms to the global health architecture to advance the right to health.
      PubDate: 2021-01-22
      DOI: 10.1017/aju.2020.85
       
  • Climate Change: Reversing the Past and Advancing the Future

    • Authors: Bodansky; Daniel
      Pages: 80 - 85
      Abstract: After four years of not simply inaction but significant retrogression in U.S. climate change policy, the Biden administration has its work cut out. As a start, it needs to undo what Trump did. The Biden administration took a step in that direction on Day 1 by rejoining the Paris Agreement. But simply restoring the pre-Trump status quo ante is not enough. The United States also needs to push for more ambitious global action. In part, this will require strengthening parties’ nationally determined contributions (NDCs) under the Paris Agreement; but it will also require actions by what Sue Biniaz, the former State Department climate change lawyer, likes to call the Greater Metropolitan Paris Agreement—that is, the array of other international actors that help advance the Paris Agreement's goals, including global institutions such as the International Maritime Organization (IMO), the Montreal Protocol, and the World Bank, as well as regional organizations and non-state actors. Although the Biden administration can pursue some of these international initiatives directly through executive action, new regulatory initiatives will face an uncertain fate in the Supreme Court. So how much the Biden Administration is able to achieve will likely depend significantly on how much a nearly evenly-divided Congress is willing to support.
      PubDate: 2021-01-22
      DOI: 10.1017/aju.2020.89
       
  • Introduction to the Symposium on New Challenges in Weapons Inspection

    • Authors: Galbraith; Jean
      Pages: 86 - 88
      PubDate: 2021-03-01
      DOI: 10.1017/aju.2021.1
       
  • What are You Lookin’ at' Aerial and Space Observation for Arms
           Control

    • Authors: Koplow; David A.
      Pages: 89 - 94
      Abstract: Effective arms control between rival states requires reconciling three autonomous elements simultaneously: a) politics—the substantive agreement about what military items and activities will be restricted or prohibited; b) technology—the means and methods to monitor compliance with those negotiated limitations; and c) law—the rights and obligations that enable effective international use of the designated verification capabilities. Each of these three variables changes over time; the history of arms control reveals the difficulty of keeping them in sync as international conditions evolve. Today, we are in a period of remarkably rapid revolution regarding all three factors—particularly evident in the air and space domains—which will generate exciting new opportunities and require negotiators to be extraordinarily deft and responsive. This essay reviews some illustrative prior state practice in arms control in harmonizing the three variables and speculates about future adaptations.
      PubDate: 2021-03-01
      DOI: 10.1017/aju.2021.2
       
  • Lessons from Weapons Inspections in Iraq and Syria

    • Authors: Sellström; Åke
      Pages: 95 - 99
      Abstract: Weapons inspections in Iraq and Syria have drawn considerable attention from the international community in recent decades. This essay summarizes the key events associated with those inspections and draws upon my personal experience as a UN weapons inspector in both countries to identify lessons learned and future challenges. Those challenges include distrust among non-Western states, the difficulty of detecting much of the illicit activity, disinformation, and deficiencies in inspector training.
      PubDate: 2021-03-01
      DOI: 10.1017/aju.2021.5
       
  • The Fading Pipeline: Preparing the Next Generation of Weapons Inspectors

    • Authors: Gromoll; Jennie
      Pages: 100 - 105
      Abstract: Over the past four decades, the most prolific time in recent memory for the negotiation and implementation of arms control treaties, a cadre of expertise was developed that enabled weapons inspections. Yet the pipeline for educating and developing rising generations to perform such inspections is now running dry, particularly outside of the United States and Europe. In this essay, I argue that we must invigorate efforts to develop and maintain that pipeline. I identify historical sources of expertise in the field of arms control and describe the obstacles that we face in maintaining them. I conclude by offering potential solutions to this problem, arguing that it is time to revitalize platforms for supporting cross-domain, cross-regional, and multi-generational nonproliferation experience and learning opportunities.
      PubDate: 2021-03-01
      DOI: 10.1017/aju.2021.3
       
  • Defending Weapons Inspections from the Effects of Disinformation

    • Authors: Stewart; Mallory
      Pages: 106 - 110
      Abstract: The intentional spread of disinformation is not a new challenge for the scientific world. We have seen it perpetuate the idea of a flat earth, convince communities that vaccines are more dangerous than helpful, and even suggest a connection between the “5G” communication infrastructure and COVID-19. Nor is disinformation a new phenomenon in the weapons inspection arena. Weapons inspectors themselves are often forced to sift through alternative narratives of events and inconsistent reporting, and they regularly see their credibility and conclusions questioned in the face of government politics or public biases. But certain recent disinformation campaigns have become so overwhelmingly comprehensive and effective that they constitute a new kind of threat. By preventing accountability for clear violations of international law, these campaigns have created a challenge to the survival of arms control treaties themselves. If weapons inspectors cannot regain the trust of the international community in the face of this challenge, it will be increasingly difficult to ensure compliance with arms control and disarmament treaties going forward. In this essay, I will briefly discuss one of the most comprehensive disinformation efforts of the past decade: the disinformation campaign used to prevent accountability for Syria's repeated use of chemical weapons. After this discussion, I will propose one possible approach to help protect the credibility of disarmament experts and weapons inspectors in the face of pervasive disinformation. This approach will require a concerted effort to connect and support compliance experts and to understand and explain their expertise across cultural, political, national, economic, and religious divides.
      PubDate: 2021-03-01
      DOI: 10.1017/aju.2021.4
       
  • An Inspection Regime for Cyber Weapons: A Challenge Too Far'

    • Authors: Roguski; Przemysław
      Pages: 111 - 115
      Abstract: Two of the most pressing questions concerning international peace and security today are how to avoid an escalation of conflicts in cyberspace and how to ensure responsible behavior and accountability of states in their use of information and communication technologies. With more than thirty states now possessing offensive cyber capabilities and cybersecurity incidents such as Stuxnet, WannaCry, and NotPetya causing significant physical effects or financial damage, there is a clear need to find a better way to manage security risks connected with the use of increasingly sophisticated cyber means by states. At present, this issue is on the agenda of two United Nations groups and is mainly addressed through a “framework for responsible behavior of states” consisting of international law, voluntary and non-binding norms, and confidence-building measures for states’ use of information and communication technologies. What the current discussions do not address, however, is whether the security risks could also be regulated through an arms control and inspection regime for cyber weapons. While such a regime has been proposed by scholars, states remain skeptical or even actively opposed to efforts to impose traditional arms control measures on offensive cyber capabilities. This essay examines why a cyber weapons inspection regime is so difficult to devise. It argues that due to their nature and mode of functioning, cyber weapons significantly differ from traditional nuclear, chemical, or biological weapons, such that mechanisms established by traditional arms control treaties either will not work or will not be agreed to by states. Instead, new regulatory approaches are necessary.
      PubDate: 2021-03-01
      DOI: 10.1017/aju.2021.6
       
  • Introduction to the Symposium on the Impact of Indigenous Peoples on
           International Law

    • Authors: Anaya; S. James, Anghie, Antony
      Pages: 116 - 117
      PubDate: 2021-03-29
      DOI: 10.1017/aju.2021.11
       
  • Indigenous Peoples and Diplomacy on the World Stage

    • Authors: Carpenter; Kristen, Tsykarev, Alexey
      Pages: 118 - 122
      Abstract: Indigenous Peoples are emerging as diplomats on the world stage. With states relinquishing some “soft power” space to non-state actors, the role of Indigenous Peoples in international diplomacy and particularly human rights diplomacy is both distinctive and important.
      PubDate: 2021-03-29
      DOI: 10.1017/aju.2021.7
       
  • The Sweet Spot Between Formalism and Fairness: Indigenous Peoples’
           Contribution to International Law

    • Authors: Charters; Claire
      Pages: 123 - 128
      Abstract: Standing back, the greatest influence of Indigenous Peoples on international law is our contribution to a pragmatically-driven yet conscious reframing of its foundations. Partly as a result of our participation in international law, it is changing its nineteenth and twentieth century state-centric, colonial, and positivist character to a more informal, flexible, and partially decolonizing system of law. In this way, Indigenous Peoples are crafting a legal system that achieves the “sweet-spot.” It has sufficient “hard-law” quality to restrain the self-interested instincts of powerful states—much needed by Indigenous Peoples seeking to realize their claims against states—and systemic inclusion and justice.
      PubDate: 2021-03-29
      DOI: 10.1017/aju.2021.9
       
  • The Land of Nations: Indigenous Struggles for Property and Territory in
           International Law

    • Authors: Merino; Roger
      Pages: 129 - 134
      Abstract: Key studies have highlighted how Western law was central to the civilizing mission of colonialism, legitimizing conquest while presenting itself as a colonizer's gift for overcoming barbarism. But law was not just an imposition to dispossess resources and accumulate labor; it was also transformed by the contestations of First Nations and the new practices deployed in settler societies. In this context, the first international legal theories were aimed at subordinating third world societies and, at the same time, provided the foundations of Western legal apparatus, shaping racially the modern concepts of sovereignty, territory, and property.
      PubDate: 2021-03-29
      DOI: 10.1017/aju.2021.10
       
  • The Potential Impact of Indigenous Rights on the International Law of
           Nationality

    • Authors: Gover; Kirsty
      Pages: 135 - 139
      Abstract: International law has long recognized that the power of a state to identify its nationals is a central attribute of sovereignty and firmly within the purview of domestic law. Yet these boundaries may be shifting, in part due to the effect of international human rights norms. In 2011, citizenship scholar Peter Spiro asked, “[w]ill international law colonize th[is] last bastion of sovereign discretion'” Ten years later, this essay reframes the question, asking whether the international law of Indigenous Peoples’ rights will “decolonize” the discretion, by encouraging its exercise in ways that respect and enable Indigenous connections to their traditional land. It considers this possibility in light of two recent cases decided by courts in Australia and Canada, both of which ascribe a distinctive legal status to non-citizen Indigenous persons: Love v. Commonwealth, Thoms v Commonwealth (“Love-Thoms,” Australian High Court) and R. v. Desautel (“Desautel,” British Columbia Court of Appeal, currently on appeal before the Supreme Court of Canada). In each case, the court in question recognized that some Indigenous non-citizens have constitutional rights to remain within the state's territory (and perhaps also a correlative right to enter it), by virtue of their pre-contact ancestral ties to land within the state's borders.
      PubDate: 2021-03-29
      DOI: 10.1017/aju.2021.8
       
  • Introduction to the Symposium on Zachary Mollengarden & Noam Zamir “The
           Monetary Gold Principle: Back to Basics”

    • Authors: Akande; Dapo
      Pages: 140 - 143
      PubDate: 2021-04-26
      DOI: 10.1017/aju.2021.17
       
  • Rules are Rules: Reconceiving Monetary Gold as a Rule of Procedure

    • Authors: McIntyre; Juliette
      Pages: 144 - 148
      Abstract: The Case of the Monetary Gold Removed from Rome in 1943 is familiar to all international lawyers. Like a catechism, we are taught that the ICJ will not proceed with a case where the legal interests of a State not before the Court “would not only be affected by a decision, but would form the very subject-matter of the decision.” Mollengarden and Zamir's proposal that the Court should dispense with the Monetary Gold principle feels almost heretical. The authors contend that the ICJ Statute sets out a framework for balancing the interests of third parties through the use of the intervention procedure, and that Monetary Gold “disrupts that balance.” Monetary Gold is, they submit, to be treated as only a judicial decision, entitled under Article 36(1)(d) of the Statute to little deference as a source of legal principle. I suggest taking an altogether different approach. The best way to understand the place of the Monetary Gold principle is in the context of the ICJ's rule making powers pursuant to Article 30(1) of the Court's Statute. These rule making powers are not limited to the promulgation of formal Rules of Court but extend to the determination of appropriate procedures during the hearing of a case. These procedural rules (small r), articulated in the context of particular cases, may in time evolve into formal Rules of Court through an iterative process. Monetary Gold is an instance of the Court defining a small r procedural rule in a manner that is consistent with the Court's Statute.
      PubDate: 2021-04-26
      DOI: 10.1017/aju.2021.15
       
  • The Monetary Gold Principle: A Matter of Submissions

    • Authors: d'Argent; Pierre
      Pages: 149 - 153
      Abstract: In “The Monetary Gold Principle: Back to Basics,” Zachary Mollengarden and Noam Zamir claim that the well-known principle runs against fundamental ICJ statutory provisions. It would “depart” from Article 36(1), “undermine” Article 62, “import factors external” to Article 59 and “obscure . . . rather than illuminate . . . the relevant rules of law” contrary to Article 38(1). Additionally, the policy considerations upon which the principle is allegedly based—compliance, due process, and legitimacy—would support its abolition, rather than its perpetuation. I argue that the authors’ claims are unpersuasive in relation to Article 36(1) of the ICJ Statute (consent of the parties to adjudication) since they fail to distinguish between having jurisdiction in a case and exercising jurisdiction to decide a claim. The authors also overestimate the role of Article 62 in securing third-party interests, since only intervention as a party, rather than a non-party, is sufficient to overcome the Monetary Gold limitation.
      PubDate: 2021-04-26
      DOI: 10.1017/aju.2021.13
       
  • Long Live Monetary Gold *Terms and Conditions Apply

    • Authors: Paparinskis; Martins
      Pages: 154 - 159
      Abstract: Zachary Mollengarden and Noam Zamir want to take back to basics the principle associated with the Monetary Gold Removed from Rome in 1943 (Monetary Gold) judgment of the International Court of Justice (ICJ). Their “categorical” and mostly doctrinal claim, underpinned by policy concern about “the tensions between the bilateral presuppositions of the Statute and the increasingly multilateral nature of international affairs and international disputes” is “that the Monetary Gold principle is irreconcilable with the ICJ Statute's jurisdictional architecture.” The tension between bilateralism and community interests often provides an attractive analytical perspective, and points raised by the authors might be relevant in calibrating certain aspects of the principle. But its wholesale critique, while skillfully put, is ultimately unpersuasive. Careful consideration of basic instruments and issues is commendable but an exclusive focus that does not engage with the broader international legal process will miss its unmistakable and widespread endorsement of the Monetary Gold principle. Even the concern about the multilateral context ultimately counts against rather than in favor of their argument. Multilateral sensitivities can already be articulated within the four corners of Monetary Gold, and Mauritius/Maldives, delivered just as the ink was drying on the first draft of this essay, is a perfectly timed example for that.
      PubDate: 2021-04-26
      DOI: 10.1017/aju.2021.14
       
  • Does Consent Engender Compliance' Insights from Empirical Research on
           International Tribunals

    • Authors: Montal; Florencia
      Pages: 160 - 163
      Abstract: Zachary Mollengarden and Noam Zamir base their conclusion that the Monetary Gold principle should be abandoned on both legal considerations and policy implications. These two elements, however, do not receive equal attention in the article. This essay unpacks the authors’ dismissal of the idea that, by subjecting jurisdiction to consent, the principle makes compliance with awards from the ICJ more likely. Based on the notion that judicial decisions should be understood as embedded within wider political bargains, I contend that while consent might be indicative of states’ willingness to abide by a judicial decision, what ultimately matters for changing state policy towards compliance is the set of incentives that states face in the context of these wider political bargains. Thus, the essay argues, in line with Mollengarden and Zamir, that abandoning the Monetary Gold principle need not make the Court less effective. However, it will not necessarily make it more impactful either. Beyond Monetary Gold and in relation to its role in world politics more broadly, the Court's impact rests, ultimately, on how political actors––including the ICJ itself––mobilize rulings strategically.
      PubDate: 2021-04-26
      DOI: 10.1017/aju.2021.12
       
  • Adjudicative Bilateralism and Community Interests

    • Authors: Bonafé; Beatrice I.
      Pages: 164 - 169
      Abstract: The purpose of this essay is to explore the two main ways in which community interests have been taken into account in international adjudication. First, special procedural tools have been devised in order to accommodate the multilateral dimension of certain disputes into the traditionally bilateral scheme of international adjudication. It will be shown that such tools have been of little use for the protection of community interests. Second, legal relations engendered by community interests have been conceptualized in a bilateral manner so that they could fit adjudicative bilateralism. It may seem counterintuitive, but it will be maintained that this second avenue offers the most concrete, yet not entirely satisfactory, means to adjudicate community interests. Finally, the essay argues that the Monetary Gold rule proves a useful test to properly understand the different logic of these two avenues.
      PubDate: 2021-04-26
      DOI: 10.1017/aju.2021.16
       
 
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