An endless literature exhorts us to ask whether international arbitrators have some sort of a duty or obligation to enforce rules of mandatory law. Such an abstract inquiry - untethered from the positive law implications of arbitral failure, or the pragmatic constraints that push individual...

This chapter examines the domestic origins of the canons of construction used in treaty interpretation. It shows that these canons typically draw on domestic principles for statutory and contractual interpretation. Section I surveys general themes emerging from specific canons of construction,...

The movement toward inclusivity in global soft law making is set out against a backdrop of historically uneven representation in global institutions. An innovative effort to advance participation in soft law development began in 2012 with the establishment of the United Nations Commission on...

Concerns have been expressed over the role of WIPO in influencing the intellectual property policies of other specialized agencies of the United Nations. This article reviews the policies of FAO, WHO and UNESCO, in addition to WIPO itself, and finds very interesting patterns of cooperation....

The guiding principle of International Human Rights Law (IHRL) is “recognition of the inherent dignity and of the equal and inalienable rights of all members of the human family,” otherwise known as universality. In order to ensure the universality of access to justice despite social...

This short paper explores the implications of international standards for European migration law, in particular the application of the Dublin II Regulation and the operation of Frontex. It discusses the facts and judgments in the 2011 and 2012 European Court of Human Rights decisions Belgium and...

Globalization and information and communication technologies pushed national financial regulators to establish international standard setting bodies (SSBs) which promote non-binding international financial regulatory standards. However, finance inevitably has social and human rights impacts and...

Moral panics have exerted a powerful impact on policy and practice in the context of school education. School curricula that depart from the privileged heteronormative model have been especially susceptible to the whims of moral panic. A stark example is evident in the response to a program of...

This article seeks to explore whether the EU system of fundamental rights protection allows room for constitutional pluralism. By looking at recent developments in the case law of the Court of Justice of the European Union (the Court of Justice), it is submitted that the Court has answered that...