Journal Articles

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

The Badinter Commission: The Use and Misuse of the International Court of Justice's Jurisprudence

It has long been the dream of those anxious to increase the role of adjudication in international relations that the International Court of Justice (“ICJ,” “International Court,” or “the Court”) would act in the international arena as a sup...Read More

How to Constitutionalize International Law and Foreign Policy for the Benefit of Civil Society?

All societies have adopted rules in order to reconcile conflicts among the short-term interests of their citizens with their common long-term interests. All societies have learned that rule-making and rule-enforcement require government pow...Read More

Final Deposition of Losses Through the European Central Bank’s Balance Sheet

The European Central Bank (ECB)’s unlimited potential to create money and its ability to indefinitely stave off insolvency, enable it to act as a ‘Bad Bank’. This can be implemented by using the ECB’s balance sheet to permanently deposit fi...Read More