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Chief Justices Marshall and Roberts and the Non-Self-Execution of Treaties
David Sloss’s article, Executing Foster v. Neilson, is an important contribution to the literature on the judicial enforcement of treaties.[1] I agree with much of it, as I agree with much of...
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Beyond a Seat in the United Nations
Looking from the speaker’s podium, Palestine’s seat in the United Nations (U.N.) General Assembly Hall is at the very left corner in the last row for delegations. The wooden desk and ocher-blue chairs...
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Kenya vs. The ICC Prosecutor
On August 30, 2011, the Appeals Chamber of the International Criminal Court (ICC), by a majority, rejected Kenya’s admissibility challenges under Article 19(2)(b) of the ICC Statute[1] in cases...
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Sovereign Debt Restructuring and Mass Claims Arbitration before the ICSID,...
On August 4, 2011, an arbitral tribunal at the International Centre for Settlement of Investment Disputes (“the ICSID”) set new precedent for the arbitration world. In Abaclat (and others) v. The...
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Basel III: Dynamics of State Implementation
In December 2010, the Basel Committee on Banking Supervision issued the text of the Basel III Framework, a series of global financial regulations that respond to the Great Recession, the financial...
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Variable Multipolarity and U.N. Security Council Reform
One of the fundamental international law questions over the past two decades has been the structure of the United Nations Security Council. In a world of variable multipolarity, whereby changing...
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Lenahan (Gonzales) v. United States of America: Defining Due Diligence?
The United Nations reports that the most common form of violence experienced by women around the world is physical violence inflicted by an intimate partner. On a global average, at least one in three...
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Human Rights: A Reckoning – Book Review
“The Last Utopia” is a revisionist history of human rights. Samuel Moyn rejects the conventional wisdom that human rights surfaced as a reaction to the horrors of World War II, instead insisting that...
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The Democratic Coup d’Etat
This Article examines the typical characteristics and constitutional consequences of a largely neglected phenomenon that I call the “democratic coup d’´etat.” To date, the academic legal literature...
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Universal Jurisdiction and the Crime of Aggression
In June 2010 in Kampala, Uganda, the states that are party to the Statute of the International Criminal Court agreed to amend the ICC Statute to add the crime of aggression to the Court’s...
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Controlling the International Investment Law Agency
In recent years foreign investors have used a rapidly expanding network of bilateral and multilateral investment treaties to directly sue states before international tribunals for violations of...
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International Law in Cyberspace: The Koh Speech and Tallinn Manual Juxtaposed
In 2011, the White House issued the International Strategy for Cyberspace, which noted that “[t]he development of norms for state conduct in cyberspace does not require a reinvention of customary...
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International Law in Cyberspace
A footnoted version of a speech delivered by Harold Hongju Koh, Legal Adviser, U.S. Department of State, on September 18, 2012, at the USCYBERCOM Inter-Agency Legal Conference on the Roles of Cyber in...
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Conceptualizing the Shapeshifting Nature of Investment Law(yers)
Within international law, international investment law (IIL) has become one of the topics that is en vogue. This follows on the heels of two interrelated developments. First, the proliferation of...
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The Dynamic Law of Occupation: Inaugurating International Thematic...
Law, by its nature is not static, but dynamic. This creates questions of interpretation of documents or institutional arrangements that have been shaped or taken place hundreds of years ago or under...
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Targeted Killing, Human Rights and Ungoverned Spaces
This brief commentary considers the potential effect of a territorial state’s international human rights obligations on the law governing targeted killings. It posits that these obligations should...
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Offensive Economic Espionage?
Concluding that the law enforcement model for preventing cyberespionage is ineffective, this article proposes a modified strategy that expands the process of responding to online economic espionage by...
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The Long-Term International Law Implications of Targeted Killing Practices
“Targeted killings are not a new practice – governments have long sought to prevail over their enemies by engaging in premeditated killings of individual suspects. What is new now is the rapid...
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Does international investment law need administrative law?
Jason Webb Yackee’s thoughtful article, Controlling the International Investment Law Agency, is an important contribution to a growing literature on the question of the legitimacy of the international...
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