Research

Discussion: What is an International Crime (A Revisionist History)

This 2018 Online Discussion concerns Professor Kevin Jon Heller’s latest paper “What is an International Crime? (A Revisionist History),” to be published in the Harvard International Law Journal Vol 58.2. Alejandro Chehtman, Astrid Reisinge...Read More

Use of the Dispute Settlement Mechanism of the WTO by Developing Countries in the Context of Food Safety

Food safety issues are becoming increasingly important in international trade, especially for developing countries that rely on exports. The Dispute Settlement Mechanism (DSM) of the World Trade Organization (WTO) serves as an important for...Read More

A ‘MES’ to be adjusted: past and future treatment of Chinese imports in EU anti-dumping investigations

For decades, European Union (EU) anti-dumping laws have provided that the normal value of imports from China had to be based on prices and costs of a third country, the so-called analogue country methodology. WTO law considerations led the ...Read More

India’s Experience with the WTO Agreement on Textiles and Clothing

Trade in textiles was long regulated outside the rules of multilateral trade leading to advantages for some and disadvantages for others. The Uruguay Round (UR) recognized the need for coverage of the textiles sector by the rules of multila...Read More

The Political Arithmetic of Borders: Towards an Enlightened Form of Criticism

This paper addresses the use of data and numbers in border management and proposes a criticism of the criticism against what is commonly named the datafication of borders. The paper aims to show that the so-called datafication applied to co...Read More

The WTO and Direct Taxation: Direct Tax Measures and Free Trade

[PDF] By Christian L. Neufeldt* I. Introduction The power to tax is one the highest privileges of sovereignty. Therefore, one might ask how the World Trade Organization (WTO), a supranational body, far from relying on a solidarity like in t...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