Research

To Reform the World: International Organizations and the Making of Modern States

Disagreements regarding the appropriate scope of the mandates of international organizations (IOs), played out in legal doctrines such as implied powers, have long been a staple of international institutional law. And debates about the rela...Read More

The Responsibility to Protect beyond Borders in the Law of Nature and Nations

[unable to retrieve full-text content] Abstract While histories of human rights have proliferated in recent decades, little attention has been given to the history of thinking about duties to protect these rights beyond sovereign borders. W...Read More

Commissions of Inquiry: Problems and Prospects

The post-Cold War era has seen a dramatic proliferation in the use of ‘inquiry bodies’ – that is, ad hoc institutional arrangements that engage in fact-finding and legal analysis to arrive at non-binding conclusions and recommendations. Cal...Read More

Liability to International Prosecution: The Nature of Universal Jurisdiction

[unable to retrieve full-text content] Abstract This article considers the proper method for theorizing about criminal jurisdiction. It challenges a received understanding of how to substantiate the right to punish and articulates an altern...Read More

Irresolvable Norm Conflicts in International Law: The Concept of a Legal Dilemma

Contemporary international law often presents itself as an almost impenetrable thicket of overlapping legal regimes that materialize through multilateral treaties at the global, regional and sub-regional levels, customary law and other regu...Read More

Authorizing Appropriation?: Law in Contested Forested Spaces

[unable to retrieve full-text content] Abstract The 2015 Paris Agreement on Climate Change confirmed that the controversial reducing emissions from deforestation and forest degradation scheme, known as REDD+, will play a central role in the...Read More

The Threads (or Threats?) of a Managerial Approach: Afterword to Laurence Boisson de Chazournes’ Foreword

[unable to retrieve full-text content] Abstract In her EJIL Foreword article, Boisson de Chazournes gives an optimistic account of the proliferation of international courts and tribunals. She argues that the proliferation has been a constan...Read More

Je Suis Achbita!; The Trump Jerusalem Declaration and the Rule of Unintended Consequences; 10 Good Reads; A propos Book Reviewing; EJIL Roll of Honour; In This Issue

Je Suis Achbita!* Achbita, decided in March 2017 is not a run of the mill case. It raised what I think are hugely difficult conceptual legal issues. It also comes at a delicate moment in the social and political life of Europe, where the Co...Read More

Feminist Strategy in International Law: Understanding Its Legal, Normative and Political Dimensions

[unable to retrieve full-text content] Abstract While international law has typically waxed and waned in feminist favours, contemporary feminist engagements reveal a strongly critical, reflective thrust about the costs of engaging internati...Read More

Kathmandu

[unable to retrieve full-text content] 1. Publication: European Journal of International Law Publisher: Oxford University Press ISSN:  0938-5428 | E-ISSN 1464-3596 Original url: https://academic.oup.com/ejil/article/28/4/1430/4866312?rss=1

How to Define ‘Public Morals’ in WTO Law? A Critique of the Brazil – Taxation and Charges Panel Report

The Brazil – Taxation and Charges panel report has rekindled a long-standing debate over the scope and meaning of the public morals exception in the GATT/WTO legal system. This article offers two criticisms of the panel report. First, the r...Read More

The Paradox of the Nairobi Ministerial Decision on Export Competition: Lessons for the Future

The Nairobi Ministerial Decision on Export Competition was lauded as WTO ’ s most significant outcome on agriculture negotiations. However, despite the Decision ’ s requirement that WTO developed country Members immediately eliminate their ...Read More