Journal Articles

Victim Reparations in the Inter-American Human Rights System: A Critical Assessment of Current Practice and Procedure

Part II of this article analyzes the statutory authority for reparations in the Inter-American system in light of the legislative history of the American Convention’s reparations provision and compares that authority with that provided for ...Read More

“And you are . . .?”—Dual Nationals in Investment Treaty Arbitration

The issue of dual nationals in investment treaty arbitration goes beyond self-identification and involves questions of treaty interpretation and, in some cases, principles developed within the framework of diplomatic protection. This articl...Read More

Investment Claims Amid Civil Unrest: Questions of Attribution and Responsibility

Political instability and civil strife are known inhibitors of foreign investment. The Middle East is a region with tremendous investment potential due to a constellation of factors, including abundant natural resources, convenient geograph...Read More

The Development of Investment Arbitration in Iraq: Domestic Law, the ICSID Convention and Iraq’s Investment Treaties

Unlike other developing states in the 1980s, 1990s and 2000s, Iraq did not participate in the proliferation of bilateral investment treaties and the widespread adoption of arbitration for the resolution of disputes falling within their scop...Read More

An Analysis of the Compensation Regime Applicable to Claims Arising from Armed Conflicts Affecting Investments in MENA

The present contribution discusses the forms and standards of compensation, as well as the valuation methods, applicable to investment claims arising out of armed conflicts in the MENA region. It explores the general international law frame...Read More

Targeted Killings—Never Not an Act of International Criminal Law Enforcement

Defenders of targeted killings proffer a straightforward elaboration of military necessity in the context of modern technological capabilities and conclude that killing members of terrorist organizations is legal under international law. In...Read More

Taking the Rules of Interpretation Seriously, but Not Literally? A Theoretical Reconstruction of Orthodox Dogma

Source: Volume 86, Issue 2, pp 125 – 150 For international lawyers, the Vienna Convention rules of treaty interpretation are ‘the only game in town’; they have had the whip-hand for several decades now. Yet is this belief in the power(s) of...Read More

The (Hegemonic?) Role of the English Language

Source: Volume 86, Issue 2, pp 196 – 227 Latin was the language mostly used by international lawyers in the early centuries of European history, later replaced by French. In the course of the 20th century, the monopoly of French was progres...Read More

Force Without Law: Seeking a Legal Justification for the September 1996 U.S. Military Intervention in Iraq

This note concludes that none of the various legal arguments offered in support of the September 1996 military intervention against Iraq adequately justifies U.S. actions under international law and that in fact international law was never ...Read More

Recommended Measures Under the Antarctic Treaty: Hardening Compliance with Soft International Law

This article examines the process by which ATCM recommended measures are created, the status of these instruments under international law, and the implementation record by Antarctic Treaty governments for these instruments since 1961. Globe...Read More

The Concept of Compliance as a Function of Competing Conceptions of International Law

The purpose of this article is to challenge the tendency in the existing literature to view “compliance” simply as “correspondence of behavior with legal rules.” This tendency is intelligibly based in a theoretical view that law can properl...Read More

Why Nations Behave

The idea for this symposium on “implementation, compliance and effectiveness” grew out of the 1997 annual meeting of the American Society of International Law (ASIL), devoted to that theme. As one of the co-chairs of that meeting, I suggest...Read More