Category: Articles
Article
The Intervention of Constitutional Courts in International Investment Law: The Case of Colombia, Vol. 54
Alejandro Linares-Cantillo
Binding international investment arbitration allows a private foreign investor, as a third-party beneficiary of an international treaty, to have direct standing to sue a host State before an institutionalized or ad hoc international investment tribunal (Investor-State Dispute Settlement or ISDS) and claim damages from a breach of certain substantive protection standards, which are contained in…
Aug 2022
Article
Vertical Law and Development, Vol. 54
Ngọc Sơn Bùi
Drawing on the scholarship on the transnational legal process and the diffusion of international law, this Article conceptualizes and illustrates vertical law and development. Vertical law and development refers to a transnational legal process whereby a state or institution integrates norms of public international law into international economic law which may then be adopted in…
Aug 2022
Article
The Diversity of Womanhood and All of God’s Creatures: Addressing Challenges in the Protection of Women’s Religious Freedoms Using a Novel Classification, Vol. 53
Cochav Elkayam-Levy
The protection of women’s right to freedom of religion or belief presents many challenges to liberal states. Yet, this fundamental right of women has not been recognized as such in global treaties. Women’s entitlement to this right is a neglected matter in international law. When reference is made to the liberty to manifest religion, states…
Apr 2022
Article
Resolving the Paradigmatic Gap Between the Human Right to Water in a Transboundary Context, and the Transboundary Water Management Regime, Vol. 53
Mariana Simón Cartaya
A search in databases chronicling transboundary freshwater conflicts worldwide will lead to such results as “Assyrian king dries up enemy’s wells”; “Spain attempts to re-route Rhine River to harm Dutch”; “Ethiopia and Somali nomads fight for desert water “; and “[eleven] deaths attributed to ongoing conflict between herdsmen and farmers.” These results illustrate that just…
Apr 2022
Article
De-recognition of States: The Case of Kosovo, Vol. 53
Tatjana Papić
The literature on the recognition of states, a foundational topic of public international law, is truly vast. But the literature on de-recognition, the withdrawal of recognition once given, is measured, not in books, but in paragraphs. This is the first Article to systematically explore the question of de-recognition. It does so by examining a peculiar—indeed,…
Apr 2022
Article
Combating Censorship in China: Forcing China’s Hand Through the WTO and Collective Action, Vol. 53
Simon K. Zhen
The advent of the Internet was once seen as a democratizing force and a symbol of freedom. But today, it has not lived up to this promise in many authoritarian states, like China. The Chinese government has used the Internet to effectively maintain a status quo bias. Specifically, China’s sophisticated censorship infrastructure enables the government…
Apr 2022
Article
FCPA Jurisdiction Clauses in Defense Contracts and a Proposal for a State-to-State Approach Alternative, Vol. 53
Jaemin Lee & I.Y. Joseph Cho
Coping with corruption has emerged as a critical task of the global community. In this milieu, the Foreign Corrupt Practices Act (FCPA) is arguably an important contribution to the global fight against corruption. At the same time, however, robust application of the FCPA revealed various legal issues and problems.
Apr 2022
Article
“Charming Betsy” and the Constitution, Vol. 53
Shelly Aviv Yeini & Ariel L. Bendor
One of the main disputes in regard to how courts should interpret the federal Constitution pertains to the legitimacy of relying on international law in constitutional interpretation. This Article examines the interpretative status of international law, in general, and the controversy over the use of international law in constitutional interpretation, in particular. The Article offers…
Mar 2022
Article
“Jurisdictional Immunities” and “Certain Iranian Assets”: Missed Opportunities for Defining Sovereign Immunity at the International Court of Justice, Vol. 53
Ylli Dautaj & William F. Fox
Recently, in the case of Certain Iranian Assets, the ICJ was presented with a magnificent opportunity to rework, clarify, and enhance the troubled doctrine of sovereign immunity, especially with regard to immunity from execution. The authors believe that the ICJ had a singular opportunity—just as it did in the Jurisdictional Immunities case in 2012—to broaden…
Mar 2022
Article
Victims and Prosecutors: Clientelism, Legalism, and Culture at the International Criminal Court, Vol. 53
Stephen Cody
Prosecutors at the International Criminal Court (ICC) have a dual mission: hold perpetrators accountable for grave international crimes, and deliver justice to victims. To fulfill these mandates, the Office of the Prosecutor must navigate dynamic understandings of justice in disparate post-conflict societies. Yet, few empirical studies have investigated how culture—viewed as a resource for navigating…
Mar 2022