Journal Articles

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

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

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

Bilateralism and Unilateralism: The Future of International Trade Relations?

The most recent developments in international trade relations are characterized by a marked increase in free trade agreements – in particular bilateral agreements – whereas the development of the World Trade System, on the other hand, is in...Read More

Overview of the Korean Classification Regime and Notable Matters (Part I)

Classification refers to identification of the classification code of a certain imported/exported good in accordance with standards and system of harmonized system. Classification is used as a standard in determining the tariff rate/exempti...Read More

A Series of Sales: Determining the Customs Value Under the Union Customs Code

New customs legislation – the Union Customs Code – became applicable in the EU on 1 May 2016. These new regulations seem to abolish the use of the ‘ first sale for export ’ rule for determining the customs value and introduce the ‘ last sal...Read More

Unspoken Truths: The Hidden Logic of Decision 2/15

The context within which Opinion 2/15 falls is the legitimacy crisis of ISDS and its particular threat to the autonomy of domestic legal and judicial institutions. While, on the face of it, the ECJ seems to have escaped the risks of weighin...Read More

WCO Quarterly Column: Insecurity, Development, Trade and Taxation

Content Type Journal Article Part of Volume 13, Issue 1 Authors Thomas Cantens, PhD, Head of the WCO Research Unit (Brussels, Belgium), Lecturer at the Auvergne University School of Economics (Clermont, France) Journal Global Trade and Cust...Read More

Prior Judicial Involvement in Investor-State Dispute Settlement: Lessons from the Court’s Rhetoric in Opinion 2/15

The Court of Justice of the European Union has long protected the integrity of the Union legal order from external impact of judicial and normcreating processes. Initially concerned with the harmonious interpretation and application of Unio...Read More