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A Scrap of Paper: Breaking and Making International Law During the Great War. By Isabel V. Hull. Ithaca NY: Cornell University Press, 2014. Pp. xiii, 368. Index. $45. Its jacket [...]

For all the attention paid to the panelists and Appellate Body of the World Trade Organization (WTO), the Secretariat plays an overlooked and increasingly important role in the dispute settlement mechanism (DSM), including in selecting panelists, writing 'issue papers 'for adjudicators, providing economic expert advice, participating in internal deliberations, and drafting actual rulings. This Article argues that, given these functions, the DSM is better understood to be a sui generis administrative review process than it is a 'World Trade Court.', I. INTRODUCTION From the moment of its inception in 1995, the World Trade Organization's (WTO) Dispute Settlement Understanding (DSU) has functioned as a first-rate scholarly specimen, serving the purposes of [...]

AUSTRALIA--ANTI-DUMPING MEASURES ON A4 COPY PAPER, WT/DS529/R. At https://www.wto.org/english/tratop_e/dispu_e/cases_e/ds529_e.htm. World Trade Organization Panel, December 4, 2019 (adopted January 27, 2020). The World Trade Organization (WTO) Panel Report in Australia--Anti-Dumping Measures [...]

This introduction provides an overview of thirteen essays selected in response to a worldwide call for papers for an Agora on 'The International Legal Order and the Global Pandemic.' The essays in the Agora consider some of the most pressing challenges, as well as potential opportunities, that COVID-19 is creating for the international legal order. The specific topics addressed include the role of international organizations such as the World Health Organization, state responsibility, human rights, financial regulation, and international trade. Contributors were invited to address the theme from a historical, institutional, doctrinal, normative, critical, or geopolitical perspective, or a mix of perspectives., As we write this Introduction in early October 2020, the COVID-19 pandemic continues to rage across the world. Millions of people have already been infected with the novel coronavirus and [...]

The Law of Refugee Status (2nd ed.). By James C. Hathaway and Michelle Foster. Cambridge, New York: Cambridge University Press, 2014. Pp. lxxxi, 693. Index. $160, cloth; $60, paper. 'Refugee [...]

The Sources of International Law. By Hugh Thirlway. Oxford, New York: Oxford University Press, 2014. Pp. xxi, 239. Index. $145, 70 [pounds sterling], cloth; $45, 24.99 £, paper. In The [...]

Making Human Rights a Reality. By Emilie M. Hafner-Burton. Princeton NJ: Princeton University Press, 2013. Pp. xvi, 276. Index. $75, 52 £, cloth; $27.95, 19.95 £, paper. Emilie Hafner-Burton's recent [...]

The Oxford Guide to Treaties. Edited by Duncan B. Hollis. Oxford, New York: Oxford University Press, 2012. Pp. lxviii, 804. Index. $230, cloth; $69.95, paper. 'The treaty ... serves as [...]

Tallinn Manual on the International Law Applicable to Cyber Warfare. Edited by Michael N. Schmitt. Cambridge, New York: Cambridge University Press, 2013. Pp. xix, 282. Index. $120, cloth; $58.99, paper. [...]

Socializing States: Promoting Human Rights Through International Law. By Ryan Goodman and Derek Jinks. Oxford, New York: Oxford University Press, 2013. Pp. ix, 240. Index. $99, cloth; $29.95, paper. In [...]

The Rules, Practice, and Jurisprudence of International Courts and Tribunals. Edited by Chiara Giorgetti. Leiden, Boston: Martinus Nijhoff Publishers, 2012. Pp. xxxii, 611. Index. $245, cloth; $69, paper. What is [...]

Globalization and Sovereignty: Rethinking Legality, Legitimacy, and Constitutionalism. By Jean L. Cohen. Cambridge, New York: Cambridge University Press, 2012. Pp. xii, 442. Index. $99, cloth; $36.99, paper. Jean L. Cohen, [...]

The Elusive Promise of Indigenous Development: Rights, Culture, Strategy. By Karen Engle. Durham NC, London: Duke University Press, 2010. Pp. xvi, 402. Index. $94.95, cloth; $26.95, paper. Karen Engle's latest [...]

The International Law of Human Trafficking. By Anne T. Gallagher. Cambridge, New York: Cambridge University Press, 2010. Pp. lviii, 535. Index. $130, cloth; $49.99, paper. In 1803, Chief Justice John [...]

International Authority and the Responsibility to Protect. By Anne Orford. Cambridge, New York: Cambridge University Press, 2011. Pp. ix, 235. Index. $110, cloth; $40, paper. The autonomy and sovereignty of [...]

The Philosophy of International Law. Edited by Samantha Besson and John Tasioulas. Oxford, New York: Oxford University Press, 2010. Pp. xiv, 611. Index. $115, cloth; $40, paper. This book invites [...]

International Organizations: Politics, Law, Practice. By Ian Hurd. Cambridge, New York: Cambridge University Press, 2011. Pp. ix, 282. Index. $90, cloth; $42, paper. The study of international organizations (IOs) as [...]

Genocide: A Normative Account. By Larry May. Cambridge, New York: Cambridge University Press, 2010. Pp. xi, 283. Index. $85, cloth; $28.99, paper. The crime of genocide occupies a special place [...]

The Dynamics of International Law. By Paul F. Diehl and Charlotte Ku. Cambridge, New York: Cambridge University Press, 2010. Pp. vii, 206. Index. $95, cloth; $34.99, paper. It is no [...]

Globalization and International Law. By David J. Bederman. New York: Palgrave Macmillan, 2008. Pp. xviii, 244. Index. $90, cloth; $32, paper. In this ambitious study, David J. Bederman, the K. [...]

The Statehood of Palestine: International Law in the Middle East Conflict. By John Quigley. Cambridge, New York: Cambridge University Press, 2010. Pp. xix, 326. Index. $95, cloth; $27.99, paper. The [...]

The Best Defense?: Legitimacy & Preventive Force. By Abraham D. Sofaer. Stanford, CA: Hoover Institution Press, 2010. Pp. xiii, 214. Index. $29.95, cloth; $19.95, paper. 'An ounce of prevention is [...]

The Making of International Law. By Alan Boyle and Christine Chinkin. Oxford, New York: Oxford University Press, 2007. Pp. xxx, 338. Index. $139.95, cloth; $70, paper. One of the abiding [...]

The International Law of Belligerent Occupation. By Yoram Dinstein. Cambridge, New York: Cambridge University Press, 2009. Pp. xxxii, 303. Index. $108, 60 [pounds sterling], cloth; $45, 23.99 [pounds sterling], paper. [...]

The Responsibility to Protect: Ending Mass Atrocity Crimes Once and For All. By Gareth Evans. Washington, DC: Brookings Institution Press, 2008. Pp. xvi, 349. Index. $36.95, cloth; $19.95, paper. In [...]

International Law and Its Others. Edited by Anne Orford. Cambridge, New York: Cambridge University Press, 2006. Pp. xiv, 420. Index. $94, 63 £, cloth; $50, 29.99 £, paper. All edited [...]

Treaty Interpretation. By Richard Gardiner. Oxford: Oxford University Press, 2008, Pp. xxi, 407. Index. $180, ^84.95, cloth; ^24,99, paper. On the Interpretation of Treaties: The Modern International Law as Expressed [...]

More than half a century after the UN's adoption of the International Convention on the Prohibition of All Forms of Racial Discrimination, a debate has emerged over whether to extend the Convention's protections to religious discrimination. This Article uses history to intervene in the debate. It argues that racial and religious othering were mutually co-constitutive in the colonial encounter and foundational to the making of modern international law. Moreover, the contemporary proposal to address the interplay of racial and religious othering is hardly new; iterations of that demand surfaced in the earlier twentieth century, as well. By illuminating the centrality of race-religion othering to the colonial encounter and chronicling failed attempts by Europe's 'others' to secure international legal protections, this Article makes a case for crafting an attuned response in the present., More than half a century after the United Nations General Assembly's (UNGA) adoption of the International Convention on the Prohibition of All Forms of Racial Discrimination (ICERD), efforts are underway [...]

#Help: Digital Humanitarianism and the Remaking of International Order. By Fleur Johns. New York, NY: Oxford University Press. 2023. Pp. 272. Index. doi:10.1017/ajil.2023.63 Books are rarely as prescient as Fleur [...]

One of the most important developments in international law for the protection of displaced women and girls--the implied non-refoulement obligation in the Convention on the Elimination of Discrimination Against Women has received little scholarly or jurisprudential attention. This Article presents, for the first time, a doctrinal analysis of the full corpus of asylum complaints decided by the Committee on the Elimination of Discrimination Against Women (Committee). It analyzes the early development of a prohibition on return to real, personal, and foreseeable risks of serious forms of discrimination against women; highlights critical shortcomings in the Committee s asylum practice; identifies key areas for improvement; and reflects on the Committees as-yet-unrealized potential to contribute to international law in this area., I. INTRODUCTION In 1991, this Journal published a seminal treatise on Feminist Approaches to International Law by Hilary Charlesworth, Christine Chinkin, and Shelley Wright, challenging the purported neutrality and objectivity [...]

The International Law Commission (ILC or Commission) held its seventy-fourth session at its seat in Switzerland from April 24 to June 2 and from July 3 to August 4, 2023, [...]

INTRODUCTION For several decades, civil society has sought to impose greater responsibility on companies for cross-border social wrongs. Multiple legal subfields and initiatives have emerged to take on this work: [...]

For more than a decade, as the technology has become increasingly real, the substantial advantages and real dangers of artificial intelligence (AI)--'the ability of machines to perform tasks that would [...]

By a vote of 95-2, the Senate on June 22, 2023, approved a resolution of advice and consent to the ratification of a tax treaty between the United States and [...]

Asset recovery is a fundamental principle of anti-corruption law, without which the financial damage from corruption cannot be repaired. Yet recovering assets is notoriously difficult and time-consuming, and the United Nations Convention Against Corruption provides little technical or institutional support to facilitate such returns. To remedy this, we propose the creation of a transnational asset recovery mechanism that could provide myriad services to states upon request, including gathering and publishing information, providing technical assistance and capacity building, helping to conclude agreements on asset return, and monitoring returned funds. Theoretically, we introduce the concepts of customizability and selectability to explain why a flexible transnational asset recovery mechanism has advantages over more formal international institutions, such as an international anti-corruption court. These benefits include lower financial and political costs, enhanced adaptability, and a greater likelihood of enhancing interstate cooperation regarding asset returns., TABLE OF CONTENTS I. Introduction 560 II. Institution Building in the Anti-corruption Field 562 A. The Debate on Creating an International Anti-corruption Court 562 B. The Need to Broaden the [...]

International law prohibits states from intervening in the internal and external affairs of other states, but only if the method of intervention is coercive. This Article argues that coercion can be understood in two different ways or models. First, as coercion-as-extortion, a demand coupled with a threat of harm or the infliction of harm, done to extract some kind of concession from the victim state--in other words, an act targeting the victim state's will or decision-making calculus. Second, as coercion-as-control, an action materially depriving the victim state of its ability to control its sovereign choices. This may be done even through acts like cyber operations that the victim state is entirely unaware of. The Article argues that many of the difficulties surrounding the notion of coercion arise as a consequence of failing to distinguish between these two different models., Table of Contents I. Introduction 602 II. The Structure of the Non-intervention Rule 606 A. The Prohibition of Intervention in Outline 606 B. The Relationship Between the Prohibition of Intervention [...]

In the 2022-2023 season, more than 104,000 tourists visited Antarctica. This represents an increase of more than 40 percent compared to the 2019-2020 pre-pandemic season. This Current Development discusses this trend and the limits of the Antarctic Treaty Consultative Parties, which govern on the basis of consensus, in responding with regulatory action. Options for strengthening regulation in this area are also considered., I. Developments in Antarctic Tourism 652 II. Regulatory Responses and Outstanding Policy Questions 654 A. Antarctic Governance 654 B. ATCM Discussions on Antarctic Tourism and Concerns Expressed 656 C. Regulatory [...]

The 1918 Soviet default is the longest and most complex sovereign debt dispute in history. The first settlement with a major Western power came with the United Kingdom in 1986. It followed a settlement almost twenty years earlier for claims arising from the Soviet annexation of the Baltic states. We show how the two negotiations became intertwined and prompted both states to take pragmatic positions on international law. Whereas the Soviet Union showed little interest in legally justifying its inconsistent positions on debt succession, the United Kingdom developed contested legal arguments on state recognition to justify using gold belonging to the Baltic States to settle Soviet claims. In addition, we document how UK government lawyers admitted internally that Britain's involvement in the Russian Civil War had been illegal, which in turn justified very limited compensation to British claimants., TABLE OF CONTENTS I. Intoduction 442 II. 1917-1919: The Revolution Claims 444 III. 1920-1921: Trade and Recognition Takes Priority 448 IV. 1922: Multilateral Diplomacy Fails 450 V. 1923-1929: Bilateral Diplomacy [...]

Intellectual Property--copyright--making available online--Article 8 of WIPO Copyright Treaty (WCT)--technological neutrality--copyright balance--authors' versus users' rights SOCIETY OF COMPOSERS, AUTHORS AND MUSIC PUBLISHERS OF CANADA V. ENTERTAINMENT SOFTWARE ASSOCIATION. 2022 SCC [...]

This Article argues that the Gulf Crisis of 1990-91, the first major international crisis of the post-Cold War era, was a constitutive moment for international law. The Article examines the contests in the United Nations over the meaning of the Crisis and shows that these contests were also over the meaning of cooperation under international law in the 'new world order. ' The Article casts the Gulf Crisis itself as a moment of 'worldmaking, 'in which the United States refashioned foundational concepts like interdependence, sovereignty, and humanity in warfare and deployed them to suit a state-centered vision of international cooperation under hierarchy., I. INTRODUCTION In 1993, W. Michael Reisman observed that the UN Security Council 'might be evolving into something far more effective and powerful than anticipated.' (1) The fact that, the [...]

World Trade Organization--General Agreement on Tariffs and Trade 1994--government procurement derogation--general exceptions--public health--localization requirement--shortage of supply of pharmaceutical products TURKEY--CERTAIN MEASURES CONCERNING THE PRODUCTION, IMPORTATION AND MARKETING OF PHARMACEUTICAL PRODUCTS, [...]

To the Uttermost Parts of the Earth: Legal Imagination and International Power, 1300-1870. By Martti Koskenniemi. Cambridge, UK: Cambridge University Press 2021. Pp. xviii, 1107. Index. doi:10.1017/ajil.2023.4 Jurisprudence is that [...]

Over the last three decades, international lawyers and institutions have come to understand constitution-making as an accepted technique of international law and a means of delivering peace and security. In defending this technique from its critics, scholars have drawn on a particular tradition of constitution-making that understands constitutionalism as a lawful form of international action, realizable through a set of formal practices, and juridically distinct from material concerns. This Article explores the building of this tradition through the work of legal scholars within the United States in conversation with German and Jewish emigre scholars and argues that reimagining constitutionalism for the coming decades requires rethinking this separation between the juridical and the material, as well as asking what constitutionalism demands of the laws governing the global economy., I. INTRODUCTION Over the course of the last half century, civil war and conflict in the decolonized world has come to be seen as a threat to international peace and [...]

Exequatur of foreign judgments--public policy--9/11 terrorist attack--sovereign immunity--Foreign Sovereign Immunities Act--terrorism exception--tort exception--human rights--jus cogens--customary international law STERGIOPOULOS V. IRAN. Order No. 39391/2021. 105 Rivista di diritto internazionale 620 (2022). [...]

State immunity from jurisdiction--grave violations of human rights--peremptory norms--compensation proceedings--Brazilian Supreme Court KARLA CHRISTINA AZEREDO VENANCIO DA COSTA AND OTHERS V. FEDERAL REPUBLIC OF GERMANY. Judgment ARE 954858/RJ. At https://redir.stf.jus.br/paginadorpub/paginador.jsp?docTP=TP&docID=757448754. [...]

The 'temporary golden age' of international courts is likely over. States seeking to provide oversight mechanisms and individual remedies at the international level are likely to opt for less intrusive and more flexible alternatives to adjudication. This Article analyzes the phenomenon of international complaint mechanisms through a detailed case study of the Ombudsperson to the ISIL and Al-Qaida sanctions regime. The analysis reveals an in-built tension between principle and pragmatism: the Ombudsperson's institutional design falls short of the requirements that are essential for adjudication, but it nevertheless proves to be a surprisingly effective remedy for persons wrongfully listed. The Article makes the case for the establishment of such bodies, despite some of their inherent shortcomings., I. INTRODUCTION It is a bedrock assumption of many international legal scholars that courts are institutionally best suited to protect the international rule of law and human rights, and that [...]

I. INTRODUCTION International Law in Disaster Scenarios: Applicable Rules and Principles. By Flavia Zorzi Giustiniani. Cham, Switzerland: Springer, 2021. Pp. xiv, 209. Index. Law and Disaster: Earthquake, Tsunami and Nuclear [...]

The World Trade Organization is at an important institutional crossroads, buffeted by critique and with its once-heralded dispute system in doubt. Despite some achievements at the 2022 MC12 Ministerial Conference, the WTO appears in crisis, without a strong institutional mandate. In this Article, we offer a vision for its future, rooted in a particular interpretation of its past. The WTO's legal architecture is characterized by a resilient pluralism, which seeks to preserve diversity of governance models and regulatory approaches, both economic and political, in the domestic orders of member states. Despite strong pressures to impose a neoliberal vision of the state-market relationship on states, this pluralism has persevered; it offers a response to the WTO's critics and a mandate for the WTO's future., INTRODUCTION The post-neoliberal world will be one characterized by pluralism.--Rana Foroohar Is there life for the World Trade Organization (WTO) after neoliberalism? The WTO is often assumed to exist to [...]

The International Law Commission (ILC) held its seventy-third session from April 18 to June 3 and from July 4 to August 5, 2022 in Geneva, under the chairmanship of Dire [...]

On April 7, 2023, Benjamin B. Ferencz died peacefully in his sleep at the age of 103. A devoted member of the American Society of International Law, Ben, as we [...]