The Aegean conflict constitutes a dispute that has been affecting Greek-Turkish bilateral relations for the last five decades. It involves elements such as sovereignty, sovereign rights and national security. This paper suggests that the Torres Strait Treaty, an international agreement that...

Over the years, and particularly in the post-global financial crisis era, some harmonization of Member States’ tax policy has increasingly been seen as a task necessarily incidental to the functioning of the single European market. However, since its inception, the E.U. constitution has never...

As a result of the impact which ‘foreign investment’ wields on both international and national economies, national and global policymakers have formulated policies and emplaced legal measures to ensure an adequate regulation of the entry, terms of conditions, and operations of foreign...

The great challenges of our time – such climate change/environmental protection, the preservation of basic human rights, the speedy response to regional/civil war conflicts – require powerful and effective answers from international law. Also at the national level, the international...

This short essay explains why deeply embedding international law (IL) directly into domestic legal orders is seen as a helpful democratic legal strategy to make international law more effective. It also describes the logistics of embedding international law into national legal systems. The goal...

Meta, formerly the Facebook Company, faces immense pressure from users, governments and civil society to act transparently and with accountability. Responding to such calls, in 2018, it announced plans to create an independent oversight body to review content decisions. Such a forum is now in...

This article will assess whether the changes in asylum-seeker movement over the most recent ten years to more significantly involve new states, such as the conflicts in Syria and Ukraine, may be bringing about changes in how we assess customary international law on refugee law. The recent...

In the most recent few years, customary international law is increasingly crystalizing to affirm that states must grant nationality to children born in their territory, if they would be otherwise stateless. In prior scholarship, this author has argued that such a norm of a customary...

Democracies have a stronger incentive to comply with international law than autocracies, but they will not comply when faced with violations by other states. International law is a mechanism of cooperation between states: it can make states vulnerable for betrayal, but also increase their...

Conventional wisdom predicts that international law must proceed through a “state pathway” before regulating corporations: it binds national governments who then bind corporations through enactment and enforcement of domestic laws and regulations. But recent corporate practices confound this...

This paper will analyze differential treatment of developing countries in international law. Differential treatment for developing countries is a core concept for addressing inequalities between developed and developing countries in a broad range of international agreements. Differential...

Japan officially withdrew from the International Convention on the Regulation of Whaling (ICRW) on 1 July 2019 and resumed commercial whaling within its coastal waters for the first time in nearly 31 years. This chapter analyzes the reasons for Japan’s withdrawal from the ICRW and its...

Im Januar 2022 werden die UN-Mitgliedstaaten Verhandlungen über ein globales Abkommen zur Bekämpfung der Cyberkriminalität aufnehmen. Mehr internationale Zusammenarbeit in diesem Bereich ist dringend geboten. Doch es gibt auch Risiken. So könnten vage Verpflichtungen, etwa zur Überwachung...

The question of why states comply with international law has long been at the forefront of international law and international relations scholarship. The compliance discussion has largely focused on negative incentives for states to comply. We argue that there is another, undertheorized...

Who should bear the costs of the COVID-19 pandemic? While multilateral institutions are beginning to consider how to distribute them, President Trump and others have suggested suing China for damages. This “lawsuit approach” draws on a deep-seated conception of international law: States have...

As absurd as it may sound, States do not have a general right to property under international law. Conventional and customary international law protect certain types of State property (e.g., diplomatic property, extraterritorial vehicles), but not all types of State property. Every year,...

In the 1970s, high-powered multinational companies were regarded as agents of European colonial powers. This prompted a tidal wave of support, particularly from developing States for irresponsible corporate behavior. This LL.M. thesis posits that because States are failing to prosecute...

This Forward integrates international law, international relations, and global history scholarship to understand two global trends that are in tension with each other: 1) the shift from European colonial dominance to a law-based multilateralism, which enabled a more equal and inclusive...

World Peace (And How We Can Achieve It) looks towards a future where there is increasingly optimistic engagement with the concept of peace. Bellamy assesses why the world is the way it is before making suggestions for how the world can achieve peace. Bellamy suggests world peace is achievable...

The founding myth of international law is the sovereign equality of its member states. How, then, can and should it accommodate the rise of one potential hegemon and the decline of another? This review essay discusses an important new book by Cai Congyan, of Xiamen University, that tries to...

In proceedings in front of an arbitrary tribunal, at international such as also, at the national level, the question always arises as to the applicable substantive law. For the purpose of determining the applicable law, the Arbitration largely recognized the principle of party autonomy.This...

The systematic and well-planned coup d’état attempt orchestrated in the morning of February 1, 2021 in Myanmar poses an international law breach indication, specifically pertaining humanitarian law and international human rights law. This research aims to analyze the qualification of such...

The prevailing view among legal scholars over the last decade is that international financial collaboration is a resolutely cooperative venture that cannot be reduced to the interests or relative power of individual states. Moving along this line, the book under review shows that the protection...

Bilateral Investment Treaties (BITs) have become an essential legal instrument in international investment law for economic growth and development. BITs and multilateral investment treaties encourage foreign direct investment by providing legal protection to investors of the “home” state,...

Governments around the world recognize the link between human development and access to safe, secure, and affordable sources of energy. Nevertheless, many people have access to only rudimentary and inadequate energy sources, depriving them of opportunities for economic development and creating...

In Jessup’s 1956 Storrs Lecture he defined transnational law as “all law which regulates actions or events that transcend national frontiers,” which includes public international law, private international law, and “other rules which do not wholly fit into such standard categories.”...

It is disputed, whether non-national or transnational law rather than the law of a state, e.g. Swiss law, can be the applicable law in international commercial arbitration, and therefore, if non-national lex mercatoria can be the sole applicable law in International Commercial Arbitration. Even...

The chapter “Jurisdiction” of the International Law Association’s Guidelines on Intellectual Property and Private International Law (“Kyoto Guidelines”) provides where international intellectual property claims can be brought to court. It defines the basic forum at the defendant's...

The Cyprus conflict, one of the most endurable political deadlocks in the region that features pivotal international legal elements, serves as a platform of evaluation for Reisman's and Willard's 'incidents'-based approach to international law

Does the lack of international copyrights benefit or harm developing countries? I examine the effects of U.S. copyright piracy during a period when the U.S. was itself a developing country. U.S. statutes since 1790 protected the copyrights of American citizens, but until 1891 deemed the works of...

Sustainable development may safely be regarded as a cornerstone of cities’ engagement with international law, an engagement which is certainly bound to increase in the time of COVID-19. This article revisits the historical trajectory of cities’ and local governments’ participation in...

Finally, there are approved vaccines against COVID-19, but they will be certainly scarce at first. As a result, vaccine nationalism is rampant. However, for considerations of self-interest, solidarity as well as of international law, national governments should also cater for the health of other...

This essay addresses core theoretical issues surrounding global/transnational legal pluralism, taking up the work of leading theorists. First, I demonstrate that global legal pluralism is very different from earlier versions of legal pluralism (postcolonial and sociological). Next, I expose the...

Sovereign rights in Exclusive economic zones and Continental shelves are functionally limited to the economic exploitation of these zones. Moreover, in the case of disputed maritime zones these sovereign rights are neither exclusive nor necessarily constant. Nevertheless, states are still...

The COVID-19 pandemic highlights the importance of the Federal Reserve as a leading actor in global economic governance. As a creature of U.S. domestic law with an international presence and operational independence, the Fed wields authority without a well-defined international legal status,...