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European Journal of International Law
Journal Prestige (SJR): 0.694
Citation Impact (citeScore): 1
Number of Followers: 178  
 
  Hybrid Journal Hybrid journal (It can contain Open Access articles)
ISSN (Print) 0938-5428 - ISSN (Online) 1464-3596
Published by Oxford University Press Homepage  [396 journals]
  • Editorial: A Court that Dare Not Speak its Name: Human Rights at the Court
           of Justice; Vital Statistics; Time for Change: With Thanks to Guy Fiti
           Sinclair; In this Issue
    • Authors: Sarmiento D .
      Pages: 1 - 7
      Abstract: The adequacy of the ECJ jurisprudence in the area of human rights has been the subject of extensive critical comment in recent times, not least since its much commented upon decision in Opinion 2/13. I have invited one of the most authoritative, knowledgeable and sober voices in the EU law interpretative community, Daniel Sarmiento (https://despiteourdifferencesblog.wordpress.com/) to contribute a Guest Editorial on this topic. We are honoured to publish it in this issue.
      PubDate: Tue, 08 May 2018 00:00:00 GMT
      DOI: 10.1093/ejil/chy022
      Issue No: Vol. 29, No. 1 (2018)
       
  • Upholding Democracy Amid the Challenges of New Technology: What Role for
           the Law of Global Governance'
    • Authors: Benvenisti E.
      Pages: 9 - 82
      Abstract: The law on global governance that emerged after World War II was grounded in irrefutable trust in international organizations and an assumption that their subjection to legal discipline and judicial review would be unnecessary and, in fact, detrimental to their success. The law that evolved systematically insulated international organizations from internal and external scrutiny and absolved them of any inherent legal obligations – and, to a degree, continues to do so. Indeed, it was only well after the end of the Cold War that mistrust in global governance began to trickle through into the legal discourse and the realization gradually took hold that the operation of international organizations needed to be subject to the disciplining power of the law. Since the mid-1990s, scholars have sought to identify the conditions under which trust in global bodies can be regained, mainly by borrowing and adapting domestic public law precepts that emphasize accountability through communications with those affected. Today, although a ‘culture of accountability’ may have taken root, its legal tools are still shaping up and are often contested. More importantly, these communicative tools are ill-equipped to address the new modalities of governance that are based on decision making by machines using raw data (rather than two-way exchange with stakeholders) as their input. The new information and communication technologies challenge the foundational premise of the accountability school – that ‘the more communication, the better’ – as voters turned users obtain their information from increasingly fragmented and privatized marketplaces of ideas that are manipulated for economic and political gain. In this article, I describe and analyse how the law has evolved to acknowledge the need for accountability, how it has designed norms for this purpose and continues in this endeavour, yet also how the challenges it faces today are leaving its most fundamental assumptions open to question. I argue that, given the growing influence of public and private global governance bodies on our daily lives and the shape of our political communities, the task of the law of global governance is no longer limited to ensuring the accountability of global bodies but also serves to protect human dignity and the very viability of the democratic state.
      PubDate: Tue, 08 May 2018 00:00:00 GMT
      DOI: 10.1093/ejil/chy013
      Issue No: Vol. 29, No. 1 (2018)
       
  • The Growing Complexity of the International Court of Justice’s
           Self-Citation Network
    • Authors: Alschner W; Charlotin D.
      Pages: 83 - 112
      Abstract: Using state-of-the-art information extraction, this article identifies 1,865 references in judgments of the International Court of Justice (ICJ) between 1948 and 2013 to its own decisions or those of its predecessor. We find that the ICJ’s self-citation network becomes increasingly complex. Citations are used more frequently, and precedents grow more diverse. Two drivers fuel this development. First, subject matter concentration clusters citations in ‘classic’ international law areas as the ICJ places increased emphasis on the legacy, expertise and predictability of its ‘settled jurisprudence’ in asserting its role among competing adjudicatory venues. Second, issue diversification expands citations as disputants increasingly craft their arguments around precedent, making ICJ litigation more common law-like. This translates into more complex litigation as precedent is predominantly used argumentatively to affect outcomes rather than ritualistically to pay tribute to past decisions. Although the growth of citations is an institutional achievement underscoring the Court’s continued relevance, it also creates new access-to-justice barriers.
      PubDate: Tue, 08 May 2018 00:00:00 GMT
      DOI: 10.1093/ejil/chy002
      Issue No: Vol. 29, No. 1 (2018)
       
  • The Myth of Liberum Ius ad Bellum: Justifying War in 19th-Century Legal
           Theory and Political Practice
    • Authors: Simon H.
      Pages: 113 - 136
      Abstract: The proposition of so-called liberum ius ad bellum claims that European states in the 19th century were no longer bound by the moral criteria of just war (bellum iustum) but that they held a sovereign right to go to war. This thesis is widely accepted among scholars of the history of international law and international relations alike. Nevertheless, the realist perspective on international relations was challenged in 19th-century international legal discourse. Several contemporary international lawyers were in favour of the legalization of international relations in order to legally ban unilateral war. Not much attention has so far been paid to the controversial debate on liberum ius ad bellum, which appears particularly in late 19th-century legal treatises. In the present article, this dispute will be analysed by comparing different normative justifications and criticism of war in 19th-century international legal doctrine. As will be shown, by confronting legal doctrine with contemporary state practice, the narrative of liberum ius ad bellum constitutes a myth in the history of international law.
      PubDate: Tue, 08 May 2018 00:00:00 GMT
      DOI: 10.1093/ejil/chy009
      Issue No: Vol. 29, No. 1 (2018)
       
  • A Very Short History of International Law Journals (1869–2018)
    • Authors: de la Rasilla I.
      Pages: 137 - 168
      Abstract: The first part of this article presents an overview of the rise of the first international and comparative law journals in the late 19th century followed by an account of the three factors lying behind the relative fall of the comparative element in the title of some of the international law journals published in French, Russian, Spanish, German, Japanese, Italian and English from 1869 to the end of World War I. The second part surveys the consolidation of international law periodicals in the interwar period under the impact of the establishment of the League of Nations in both Latin America and Europe, including Nordic and Eastern Europe. The third part examines the expansion and main characteristics of international law journals during the Cold War and their geographical extension towards Asia, Oceania and, occasionally, the Middle East and Africa. The fourth part focuses on the main features of the global post-1989 period in the field of periodicals of international law, examining the impact on them of the expansion and sectoral specialization of international law, regionalization, globalization, interdisciplinarity and the transformative influence of new technologies respectively. The conclusion reflects on the first 150 years of international law journals and points to future developments.
      PubDate: Tue, 08 May 2018 00:00:00 GMT
      DOI: 10.1093/ejil/chy005
      Issue No: Vol. 29, No. 1 (2018)
       
  • Convergence and Divergence in International Economic Law and Politics
    • Authors: Cho S; Kurtz J.
      Pages: 169 - 203
      Abstract: This article explores the phenomena of convergence and divergence in international economic law. It argues that both international trade and investment law have been forced to overcome a structural (legal-institutional) prioritization of market goals via competing social regulatory concerns. It is at this stress point that we argue that a powerful set of converging and procedurally orientated hermeneutics can be identified in the jurisprudence that, properly employed, could significantly bolster the elasticity and durability of state commitment to international economic law constraints. There remain, however, continuing textual and systemic divergences at play, which opponents will often dismiss for reasons of stasis or capture. On deeper analysis, however, key divergences may well be rational considering the unintended or adverse consequences that can flow from the unfiltered transplant of norms, doctrinal tests or institutional models.
      PubDate: Tue, 08 May 2018 00:00:00 GMT
      DOI: 10.1093/ejil/chy011
      Issue No: Vol. 29, No. 1 (2018)
       
  • The EU and Beyond: Dispute Resolution in International Economic Agreements
    • Authors: Vajda C.
      Pages: 205 - 224
      Abstract: Dispute resolution mechanisms form key parts of international economic agreements, but they differ considerably. This article reviews the dispute resolution mechanisms in the association agreement the European Union (EU) has with Turkey, those in the European Economic Area Agreement and those in some of the agreements that Switzerland has with the EU. It then turns to the World Trade Organization and the International Convention on the Settlement of Investment Disputes as further points of comparison. It then draws the threads together and concludes that a key element in choosing an appropriate dispute resolution body for a given international economic agreement is the question of direct effect, with some agreements providing for more limited scope for direct enforcement. This conclusion is then examined in light of the Comprehensive Economic and Trade Agreement between the EU and Canada before turning to some of the perceived flaws in the dispute resolution body in this Agreement. A conclusion is then offered on the importance and function of dispute resolution mechanisms in international economic agreements.
      PubDate: Tue, 08 May 2018 00:00:00 GMT
      DOI: 10.1093/ejil/chy012
      Issue No: Vol. 29, No. 1 (2018)
       
  • Roaming Charges: Manila More than One Way to Heaven
    • Pages: 225 - 228
      Abstract: We deal in EJIL with the world we live in – often with its worst and most violent pathologies, often with its most promising signs of hope for a better world. But, inevitably, since our vehicle is scholarship, we reify this world. Roaming Charges is designed not just to offer a moment of aesthetic relief, but to remind us of the ultimate subject of our scholarly reflections: we alternate between photos of places – the world we live in – and photos of people – who we are, the human condition. We eschew the direct programmatic photograph: people shot up; the ravages of pollution and all other manner of photojournalism.
      PubDate: Tue, 08 May 2018 00:00:00 GMT
      DOI: 10.1093/ejil/chy006
      Issue No: Vol. 29, No. 1 (2018)
       
  • International Law and the First World War: Introduction
    • Authors: Frei G.
      Pages: 229 - 232
      Abstract: The end of the centenary of the First World War is nearing. A staggering amount of new research has come out over the past four years, shedding new light on what has been known as the ‘great seminal catastrophe of this [the 20th] century’, as the American historian and diplomat George F. Kennan aptly described the horrors of the First World War.11 The centenary provided the incentive for Gabriela Frei and Judge Bruno Simma to organize an interdisciplinary symposium on International Law and the First World War at Jesus College, Oxford, in 2015 with the aim of looking beyond the immediate events of the war and focusing on its far-reaching consequences for the development of important fields of international law in the 20th and 21st centuries, thus offering new insights for lawyers and historians alike.
      PubDate: Tue, 08 May 2018 00:00:00 GMT
      DOI: 10.1093/ejil/chy014
      Issue No: Vol. 29, No. 1 (2018)
       
  • The Use of Force in International Law before World War I: On Imperial
           Ordering and the Ontology of the Nation-State
    • Authors: von Bernstorff J.
      Pages: 233 - 260
      Abstract: This contribution builds on the assumption that the largely unregulated employment of force practised by Europeans outside of central Europe in the last decades before World War I, between 1914 and 1918, for the first time developed its full destructive potential in a catastrophic war between industrialized Western countries. It focuses on justifications for war and intervention in the three decades before World War I, differentiating between order-related and ontological justifications. Both categories of reasons were used to justify violent measures in the context of Western imperialism and nationalism before the war, leading to an ever more permissive ius ad bellum regime. What was generally being treated as a unified regime of the use of force (ius ad bellum and in bello) was in fact a complex and increasingly unstable Western-dominated discursive practice differentiating between the objects of violence through various argumentative techniques. European and US international lawyers and politicians differentiated between the use of force between, first, the great powers (core); second, between themselves and other sovereign states in their respective strategic and economic zones of influence (semi-periphery) and, third, between violence and war vis-à-vis peoples living on territories that they did not recognize as independent sovereign states (periphery). This differentiation followed the projection of military and economic power in the context of Western imperialism. Only by taking these underlying discursive structures into account, the legal debates around aggression and extreme violence also during World War I and in Versailles can arguably be fully understood. Despite various attempts to ban or institutionalize interstate violence after 1919, both order-related and ontological justifications for the use of force remained an influential discursive structure of 20th century international law.
      PubDate: Tue, 08 May 2018 00:00:00 GMT
      DOI: 10.1093/ejil/chy010
      Issue No: Vol. 29, No. 1 (2018)
       
  • The Private Life of Family Matters: Curtailing Human Rights Protection for
           Migrants under Article 8 of the ECHR'
    • Authors: Desmond A.
      Pages: 261 - 279
      Abstract: This article critically examines the evolving practice of the European Court of Human Rights (ECtHR) towards the definition and use of the concepts of family life and private life in cases involving migrants who seek to resist deportation by invoking Article 8 of the European Convention on Human Rights. The examination reveals an approach on the part of the Court that has the effect of shrinking the protection potential of Article 8 for migrant applicants, allowing state interest in expulsion to carry the day. This is symptomatic of Strasbourg’s deference to state sovereignty in the realm of migration. While the ECtHR has issued a number of landmark rulings roundly vindicating migrants’ rights, these are the exception to the rule of Strasbourg’s deference to state powers of immigration control. This approach has far-reaching implications for migrants in the member states of the Council of Europe. The article concludes by highlighting the tools at the Court’s disposal that could be employed to construct a more human rights-consistent approach in this strand of jurisprudence, which is an issue all the more relevant in light of the growing number of migrants seeking to establish a life in Europe.
      PubDate: Tue, 08 May 2018 00:00:00 GMT
      DOI: 10.1093/ejil/chy008
      Issue No: Vol. 29, No. 1 (2018)
       
  • State Liability for Space Object Collisions: The Proper Interpretation of
           ‘Fault’ for the Purposes of International Space Law
    • Authors: Dennerley J.
      Pages: 281 - 301
      Abstract: When damage is caused by a space object in outer space, typically through a collision with another space object, international space law’s Liability Convention provides a mechanism for compensation for the injured state. Among other requirements, the Convention requires proof of state ‘fault’ in order for liability to arise, but it does not define this notoriously ambiguous term, nor does it establish a standard of care for those conducting outer space activities. The Convention is unique in international law being the only fault-based liability regime. This article argues that this gap in the Convention needs to be filled, and it proposes a solution to the problem of defining ‘fault’ by borrowing from general international law.
      PubDate: Tue, 08 May 2018 00:00:00 GMT
      DOI: 10.1093/ejil/chy003
      Issue No: Vol. 29, No. 1 (2018)
       
  • Liberal Internationalism, Radical Transformation and the Making of World
           Orders
    • Authors: Peevers C.
      Pages: 303 - 322
      Abstract: HathawayOona A. and ShapiroScott J., The Internationalists: How a Radical Plan to Outlaw War Remade the World. New York: Simon and Schuster, 2017. Pp. 608. US $30. ISBN: 9781501109867.
      PubDate: Tue, 08 May 2018 00:00:00 GMT
      DOI: 10.1093/ejil/chy023
      Issue No: Vol. 29, No. 1 (2018)
       
  • Manfred Nowak, Human Rights or Global Capitalism: The Limits of
           Privatization
    • Authors: Klabbers J.
      Pages: 323 - 325
      Abstract: NowakManfred, Human Rights or Global Capitalism: The Limits of Privatization. Philadelphia: University of Pennsylvania Press, 2017. Pp 256. £50.00. ISBN 978-0-8122-4875-3
      PubDate: Tue, 08 May 2018 00:00:00 GMT
      DOI: 10.1093/ejil/chy015
      Issue No: Vol. 29, No. 1 (2018)
       
  • Nathalie Clarenc. La suspension des engagements internationaux
    • Authors: Miron A.
      Pages: 326 - 330
      Abstract: ClarencNathalie. La suspension des engagements internationaux. Paris: Dalloz, 2017. Pp. 550. €75. ISBN: 978-2247168392.
      PubDate: Tue, 08 May 2018 00:00:00 GMT
      DOI: 10.1093/ejil/chy016
      Issue No: Vol. 29, No. 1 (2018)
       
  • Florian Couveinhes Matsumoto and Raphaëlle Nollez-Goldbach (eds). Les
           motifs non-juridiques des jugements internationaux
    • Authors: Palchetti P.
      Pages: 330 - 333
      Abstract: Couveinhes MatsumotoFlorian and Nollez-GoldbachRaphaëlle (eds). Les motifs non-juridiques des jugements internationauxParis: Pedone, 2016. Pp. 213. €30. ISBN: 978223300008169.
      PubDate: Tue, 08 May 2018 00:00:00 GMT
      DOI: 10.1093/ejil/chy018
      Issue No: Vol. 29, No. 1 (2018)
       
  • Joachim Müller (ed.). Reforming the United Nations: A Chronology
    • Authors: Münch W.
      Pages: 334 - 336
      Abstract: MüllerJoachim (ed.). Reforming the United Nations: A Chronology. Leiden: Brill, 2016. Pp. 440. €159. ISBN 978-90-04-24221-0
      PubDate: Tue, 08 May 2018 00:00:00 GMT
      DOI: 10.1093/ejil/chy017
      Issue No: Vol. 29, No. 1 (2018)
       
  • The Last Page
    • Authors: Haven S.
      Pages: 338 - 338
      Abstract: Monolith
      PubDate: Tue, 08 May 2018 00:00:00 GMT
      DOI: 10.1093/ejil/chy007
      Issue No: Vol. 29, No. 1 (2018)
       
 
 
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