Journal Articles

International Law and Stability in Cyberspace

Berkley Journal of International Law  Student Journal Original post url: http://scholarship.law.berkeley.edu/bjil/vol35/iss1/5

Trade Law’s Responses to the Rise of China

This Article offers a systematic examination of trade law’s responses to the emergence of China as a major player in world trade. As an intricate set of rules written largely prior to the advent of the China era, trade law had to readjust t...Read More

Cooperating Alone: The Global Reach of U.S. Regulations on Conflict Minerals

In 2010, the United States Congress adopted the Dodd-Frank Wall Street Reform and Consumer Protection Act. The Act includes an unprecedented provision to curb the mining in the Democratic Republic of the Congo (DRC) of so-called conflict mi...Read More

Women and the Making of the Tunisian Constitution

Berkley Journal of International Law  Student Journal Original post url: http://scholarship.law.berkeley.edu/bjil/vol35/iss1/3

The Evolution of Investor-State Arbitration in the Trans-Pacific Partnership Agreement

Berkley Journal of International Law  Student Journal Original post url: http://scholarship.law.berkeley.edu/bjil/vol34/iss2/4

South Africa and the Human Right to Water: Equity, Ecology and the Public Trust Doctrine

After liberation from apartheid in 1996, South Africa’s new, progressive Constitution proclaimed: “Everyone has the right to have access to sufficient food and water.” In this paper, I analyze South Africa’s revolutionary legal vision for m...Read More

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