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Legal scholars have long recognized that the legitimacy of judicial institutions proves central to courts’ exercise of authority and compliance with their judgments. While numerous studies examine the legitimacy of domestic courts, to date little empirical research looks at the legitimacy of international judicial bodies. This article was motivated partly by our conviction that such...... KEEP READING

Posted on Friday, August 26th, 2016 in Blog | No Comments »


The International Reach of Criminal Copyright Infringement Laws—Can the Founders of The Pirate Bay Be Held Criminally Responsible in the United States For Copyright Infringement Abroad?

Modern China is a major trading partner with and investor in Africa. This Note examines its relationships with Nigeria and South Africa to evaluate whether the benefits they receive from Chinese involvement, like infrastructure or access to consumer goods, are outweighed by costs such as worsened corruption. It next discusses legal measures these countries have...... KEEP READING

Posted on Thursday, August 25th, 2016 in Blog, Notes, Vol. 49 No. 2, Volume 49 | No Comments »


Riding a “Friendly Elephant”? How African Nations Can Make the Best of Economic Partnership with China

Modern China is a major trading partner with and investor in Africa. This Note examines its relationships with Nigeria and South Africa to evaluate whether the benefits they receive from Chinese involvement, like infrastructure or access to consumer goods, are outweighed by costs such as worsened corruption. It next discusses legal measures these countries have...... KEEP READING

Posted on Thursday, August 25th, 2016 in Blog, Notes, Vol. 49 No. 2, Volume 49 | No Comments »


Politics by Other Means: The Battle over the Classification of Asymmetrical Conflicts

Transnational armed conflicts between states and non-state armed groups have emerged as a defining characteristic of twenty-first century warfare. Humanitarian actors tend to classify such conflicts (e.g., between the United States and ISIL) as non-international armed conflicts rather than international armed conflict. This classification is subject to considerable debate; yet both sides present their views...... KEEP READING

Posted on Thursday, August 25th, 2016 in Articles, Blog, Vol. 49 No. 2, Volume 49 | No Comments »


Response: The ICC, Pre-Existing Jurisdictional Treaty Regimes, and the Limits of the Nemo Dat Quod Non Habet Doctrine—A Reply to Michael Newton

It is a pleasure and a privilege to provide a few reflections on Michael Newton’s thought-provoking essay on “How the ICC Threatens Treaty Norms.” His article marks an important piece of scholarship. It reflects significant concerns about the reach and function of the International Criminal Court (ICC) that merit further attention and explanation in ICC...... KEEP READING

Posted on Thursday, August 25th, 2016 in Articles, Blog, Vol. 49 No. 2, Volume 49 | No Comments »


Response: “Quid,” Not “Quantum”: A Comment on “How the International Criminal Court Threatens Treaty Norms”

It is hard not to sympathize with the thrust of Michael A. Newton’s impressive article “How the International Criminal Court Threatens Treaty Norms.” A friend of the ICC keen to see it thrive, Newton offers some home truths with a view to correcting what he suggests is a damaging tendency towards jurisdictional overreach on the...... KEEP READING

Posted on Thursday, August 25th, 2016 in Articles, Blog, Vol. 49 No. 2, Volume 49 | No Comments »


How the International Criminal Court Threatens Treaty Norms

This Article demonstrates the disadvantages of permitting a supranational institution like the International Criminal Court (ICC) to aggrandize its authority by overriding agreements between sovereign states. The Court’s constitutive power derives from a multilateral treaty designed to augment sovereign enforcement efforts rather than annul them. Treaty negotiators expressly rejected efforts to confer jurisdiction to the...... KEEP READING

Posted on Thursday, August 25th, 2016 in Articles, Blog, Left column, Vol. 49 No. 2, Volume 49 | No Comments »


Ukraine and the International Criminal Court: Implications of the Ad Hoc Jurisdiction Acceptance and Beyond

The Article examines an array of important legal issues that arise out of the acceptance of the jurisdiction of the International Criminal Court by Ukraine, a non-State Party to the Rome Statute, within the framework of Article 12(3) with respect to the alleged crimes against humanity committed during the 2014 Maydan protests (Declaration I) and...... KEEP READING

Posted on Thursday, August 25th, 2016 in Articles, Blog, Vol. 49 No. 2, Volume 49 | No Comments »


(De)Legitimation at the WTO Dispute Settlement Mechanism

  Legal scholars have long recognized that the legitimacy of judicial institutions proves central to courts’ exercise of authority and compliance with their judgments. While numerous studies examine the legitimacy of domestic courts, to date little empirical research looks at the legitimacy of international judicial bodies. This article was motivated partly by our conviction that...... KEEP READING

Posted on Thursday, August 25th, 2016 in Articles, Blog, Vol. 49 No. 2, Volume 49 | No Comments »


The Trans-Pacific Partnership: The Death-Knell of Generic Pharmaceuticals?

As global commerce continues to expand, many states find international trade agreements to be a useful tool to facilitate this continued expansion. Trade agreements permit developing or poorer nations to establish robust, mutually beneficial trade relationships with powerful economies such as the United States. In the face of regional competition from China, several nations bordering...... KEEP READING

Posted on Monday, August 8th, 2016 in Blog, Notes, Vol. 49 No. 3, Volume 49 | No Comments »


From Nuremberg to Kenya: Compiling the Evidence for International Prosecutions Criminal

The Prosecutor of the International Criminal Court has encountered significant difficulty in conducting investigations. Faced with violence on the ground, witnesses who fear repercussions, and limitations on resources, the Prosecutor has turned to relying on secondary forms of evidence, such as the reports of NGOs and other third-party information providers. This Note argues that the...... KEEP READING

Posted on Monday, August 8th, 2016 in Blog, Notes, Vol. 49 No. 3, Volume 49 | No Comments »


An International Commission of Inquiry for the South China Sea?: Defining the Law of Sovereignty to Determine the Chance for Peace

The multilateral territorial dispute over the South China Sea has intensified in recent years. In response, some observers endorse the apparent turn to “lawfare” on display in the ongoing Philippines v. China arbitration, conducted under Annex VII of the UN Convention on the Law of the Sea (UNCLOS). Yet the limited subject matter of this...... KEEP READING

Posted on Monday, August 8th, 2016 in Articles, Blog, Vol. 49 No. 3, Volume 49 | No Comments »


Paradise Lost: Can the European Union Expel Countries from the Eurozone?

There was a time, not too long ago, when the introduction of the euro was hailed as a tremendous success. Yet the Eurozone now faces an existential crisis. A number of member states have, since 2008, been prevented from defaulting on their sovereign debt only by massive bailouts. Greece has teetered on the verge of...... KEEP READING

Posted on Monday, August 8th, 2016 in Articles, Blog, Vol. 49 No. 3, Volume 49 | No Comments »


“Measuring” the Erosion of Academic Freedom as an International Human Right: A Report on the Legal Protection of Academic Freedom in Europepdf

This Article reports and comments on the results of an assessment of the legal protection of the right to academic freedom (an examination of its factual protection to be undertaken at a future point) in EU member states, having examined these countries’ constitutions, laws on higher education, and other relevant legislation. The assessment relied on...... KEEP READING

Posted on Monday, August 8th, 2016 in Articles, Blog, Vol. 49 No. 3, Volume 49 | No Comments »


Stopping the Circling Vultures: Restructuring a Solution to Sovereign Debt Profiteering

Elisa Beneze is a third-year student at Vanderbilt University Law School. Her Note uses the sovereign debt crisis in Argentina to explore the larger problem of hedge funds that engage in sovereign debt profiteering. When a sovereign state becomes unable to repay its debts and enters into default, an ideal outcome involves a quick and...... KEEP READING

Posted on Saturday, January 30th, 2016 in Blog, Notes, Vol. 49 No. 1, Volume 49 | No Comments »



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