Harvard International Law Journal

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

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

Keeping it in Bounds: Why the U.K. Court of Appeal Was Correct in its Cabining of the Exceptional Nature of Extraterritorial Jurisdiction in Al-Saadoon

[PDF] By Hayley Evans* I. Territorial Scope of the European Convention on Human Rights The scope of Article 1 of the European Convention on Human Rights (“ECHR”) has been contested almost since the issuance of the article itself, due in lar...Read More

Moroccan Entry to the African Union and the Revival of the Western Sahara Dispute

[PDF] By Arpan Banerjee* I. Introduction Thirty-three years after its withdrawal from the Organization for African Unity, the predecessor of the African Union (AU), Morocco was readmitted as a member state of the pan-African regional body o...Read More

New Hope for Nuclear Disarmament or “Much Ado About Nothing?”: Legal Assessment of the New “Treaty on the Prohibition of Nuclear Weapons” and the Joint Statement by the USA, UK, and France Following its Adoption

[PDF] By Daniel Rietiker* I. Introduction Success has become rare in the sensitive field of nuclear arms control. But what happened on 7 July 2017 at the United Nations in New York deserves to be remembered and analyzed because the adoption...Read More

The Enforcement of Foreign Arbitration Awards in Vietnam: Overview and Criticisms

[PDF] By Nadia Dridi* The purpose of this article is to present an overview of the changes in Vietnam’s legal framework with regard to the enforcement of foreign arbitral awards and to emphasize the most urgent issues Vietnam needs to amend...Read More

Volume 58, Issue 1

Articles: The Work of International Law By: Monica Hakimi Of Handcuffs and Signals: Investment Treaties and Capital Flows to Developing Countries By: Jeswald W. Salacuse The Abyei Arbitration and the Rule of Law By: Gary B. Born and Adam Ra...Read More

The Renco Group, Inc. v. Republic of Peru: An Assessment of the Investor’s Contentions in the Context of Environmental Degradation

La Oroya, Peru (Graham Styles, Flickr.com) [PDF] By Giovanna Gismondi* On July 2016, a Partial Award dismissed the Renco Group Inc. v. The Republic of Peru case. The Award indicated, however, that a new arbitration claim could be pursued ag...Read More

The ICC Preventive Function with Respect to the Crime of Aggression and International Politics

[PDF] By Hector Olasolo* & Lucia Carcano** In most national systems, criminal liability arises when a person agrees to commit an ordinary crime, participates in the design of a criminal plan, or contributes to establishing the condition...Read More

Harvard International Law Journal Spring Symposium 2017: Crises, Schisms, and the Way Forward for International Law

Friday, April 21, 2017 from noon-7:15PM  (Please see below for locations) Follow us on Twitter:  @HarvardILJ #ILJSymp2017 On April 21, 2017, ILJ hosted its annual Spring Symposium, this year on the impact of major current events on internat...Read More

The Crime of Aggression and Modes of Liability – Is There Room Only for Principals?

[PDF] By Volker Nerlich* The crime of aggression is a “leadership crime.” Not anyone who participates in a war of aggression—for instance, as a member of an aggressor’s army—is to be held criminally responsible. Rather, in keeping with the ...Read More

Accountability for the Illegal Use of Force – Will the Nuremberg Legacy Be Complete?

[PDF] By Rebecca F. Green, Federica D’Alessandra & Juan P. Calderon-Meza* In 1946, the world witnessed the first-ever prosecutions of a state’s leaders for planning and executing a war of aggression. The idea of holding individuals acco...Read More

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