Future Of International Law Research Articles

The Role of Public International Law in the WTO: How Far Can We Go?

How does the World Trade Organization (WTO) relate to the wider corpus of public international law? What, in turn, is the role of public international law in WTO dispute settlement? This paper aims at resolving these two difficult questions. No straightforward answers to them can be found in WTO rules. Yet answering them has major ramifications both for the WTO (is the WTO a largely “self-contained regime” or is it not?) and for international law (is the future of international law further fragmentation or increased unity?). This exercise will be conducted under the law as it stands today—that is, the law as it may be invoked at present before the WTO “judiciary” (panels and the Appellate Body). Of course, WTO members (viz., the WTO “legislator”) could clarify or change the relationship between WTO rules and other rules of international law. However, it is unlikely that such changes will occur any time soon. In part I, I examine the general relationship between public international law and WTO law. I then assess, more specifically, the role of public international law in WTO dispute settlement in part II and offer some conclusions in part III.

Watershed or Phoenix From the Ashes? – Speculations on the Future of International Law After the September 11 Attacks

In the first place, I should like to stress that the emphasis of my rather ambitious-sounding subtitle is on ‘speculation’, and not on ‘the future of international law’; for one, it is, at least at the time of writing, entirely speculative to think about the mid- and long-term consequences of the September 11 attacks, since, so far, the announced response to the attacks by the United States, the ‘West’ and the ‘civilised world’, has not yet happened. We are in a strange state of limbo, where everything seems possible, from secret James Bond-type operations to outright military attack of Afghanistan by the US and NATO troops, from civil war in Pakistan to biological —or even nuclear-counterattacks by the terrorist fold, from ‘business as (almost) usual’ to ‘the world is out of joint’. At such times, to speculate is not only all one can do, but it is, I believe, positively encouraged for those who professionally and/or passionately deal with the structure and meaning of social reality, as, inter alia, international legal academics do. Secondly, the emphasis is also on speculation because, evidently, it would be quite preposterous to pretend to set out, in a very brief comment written ‘out of the moment’, what all this will come to mean for so richly textured an academic discourse as international law. Yet international law and international lawyers are in everyone's mouth at this moment, and so it seems precisely apt to ‘speculate’ —and no more—, in rough sketch, about the consequences the events of September 11 and their political-military aftermath could have on the theory and practice of the ‘law of nations’.

Managing the HIV/AIDS Pandemic: Paving a Path into the Future of International Law and Organization

Complex global interdependence continues to influence international legal and political affairs at the close of the twentieth century. As interdependence has tightened, non-state actors have emerged in many policy areas as key political and service delivery players; often supporting increasingly prioritized human-centered issues. Analysis of the global management of the HIV/AIDS pandemic suggests that use of international quasi-legislation can be employed in order to create space within which to manage these changes, thus opening room for discussion about new approaches to meeting the challenges of a changing world.

Kosovo, World Order, and the Future of International Law

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International Law: Classic and Contemporary Readings. Edited by Charlotte Ku and Paul F. Diehl. Boulder CO, London: Lynne Rienner Publishers, 1998. Pp. vii, 568. Index. $49.95, clodi; $24.95, paper.

International Law as Operating and Normative Systems: An Overview - the Editors. International Law as Operating System. Sources of International Law: Hard and Soft Law in International Governance - K. Abbott and D. Snidal. Traditional and Modern Approaches to Customary International Law: A Reconciliation - A. Roberts. Normative Hierarchy in International Law - D. Shelton. Participants in the International Legal Process: The New Treaty Makers - J.E Alvarez. Nongovernmental Organizations and International Law - S. Charnovitz. Implementation and Compliance with International Law: Compliance with International Agreements - B. Simmons. Filling In the Gaps: Extrasystemic Mechanisms for Addressing Imbalances Between the International Legal Operating and Normative Systems - the Editors. Princeton Principles on Universal Jurisdiction - The Princeton Project. International Legal Structures: A Babel of Judicial Voices?: Ruminations from the Bench - R. Higgins. The Place of the WTO and its Law in the International Legal Order - P. Lamy. The Role of the International Criminal Court in Enforcing International Criminal Law - P. Kirsch. International Law as Normative System. To Regulate the Use of Force: 'Jus ad bellum,' 'jus in bello'...'jus post bellum'?: Rethinking the Conception of the Law of Armed Force - C. Stahn. Legal Control of International Terrorism: A Policy Oriented Assessment - M.C. Bassiouni. For the Protection of Individual Rights: The Evolving International Human Rights System - T. Buergenthal. The Responsibility to Protect: Humanitarian Concern and the Lawfulness of Armed Intervention - C.C. Joyner. For the Protection of the Environment: International Environmental Agreements: A Survey of Their Features, Formation, and Effects - R. Mitchell. Responsibility for Biological Diversity Conservation Under International Law - C. Tinker. Managing the Commons: The Territorial Temptation: A Siren Song at Sea - B. Oxman. Towards a New Regime for the Protection of Outer Space as a Province of All Mankind - D. Tan. The Future of International Law. The Yahoo Case and Conflict of Laws in the Cyberage - M. Reiman. The Future of International Law Is Domestic (or, The European Way of Law) - A-M. Slaughter and W. Burke-White.

Organized Violence and the Future of International Law: A Practitioner’s View of the Emerging Issues

Organized Violence and the Future of International Law: A Practitioner’s View of the Emerging Issues

The Future of International Law in a Multicultural World. (Workshop held at The Hague, 17-19 November 1983.) Edited by René-Jean Dupuy. The Hague, Boston, London: Martinus Nijhoff Publishers, 1984. Pp. xi, 491.

The Future of International Law in a Multicultural World. (Workshop held at The Hague, 17-19 November 1983.) Edited by René-Jean Dupuy. The Hague, Boston, London: Martinus Nijhoff Publishers, 1984. Pp. xi, 491. - Volume 79 Issue 4

The Compliance Process and the Future of International Law

The Compliance Process and the Future of International Law

The Rulemaking Process and the Future of International Law

The Rulemaking Process and the Future of International Law

The Future of International Law

The Future of International Law

New Horizons in International Law

VRÜ Verfassung und Recht in Übersee , Seite 185 - 185

The Crime of Aggression and the Future of International Law

The Crime of Aggression and the Future of International Law

The Future of International Law

Can there be law where there is no superior authority? That is a question much debated among lawyers, and often answered with a scornful negative by laymen. The English analytical jurist Austin, who defined law as a command issued by a political superior to a political inferior, the inobservance of which is followed by a penalty called the sanction, maintained that in the relations between states, law was a metaphor. The rules and precepts so described were, he held, moral only. A vast amount of professional opinion supported this view. Practicing lawyers everywhere were inclined to mock at a system which called itself law but was unsupported by compulsory court or police. On the other hand, jurists specializing in the subject, and others crusading for world peace under a universal rule of law, insisted on the genuine legal character of international law. They tried to give the system dignity and win respect for it by putting it on the same theoretical plane as law within the state. They admitted the frequency of violations, but they denied that law ceased to be law because criminals ignored it. They tried to explain the weakness of international law as compared with what they called municipal law, which is law within the state, by resorting to the notion that the community of states is a primitive community, and that its law, in the absence of sure sanctions, resembles an early step in the development of municipal law. The explanation proved attractive, because it seemed to justify the hope that, just as municipal law strengthened with the strengthening of the national community, so the law of nations might strengthen by a natural and inevitable process of evolution toward universal political organization. The description f international law as that of a primitive community has become a textbook cliche. It comforts the jurist by permitting him to keep his intellectual categories intact. But it does no good at all to the layman, who continues to revile a law which permits war and the inevitable atrocities that accompany

The Future of International Law

The Future of International Law

The Foundations and the Future of International Law

The Foundations and the Future of International Law

Politics and Law in the United States and The Foundations and the Future of International Law

Politics and Law in the United States and The Foundations and the Future of International Law

The Disintegration of European Civilisation and the Future of International Law: Some Observations on the Social Foundations of Law

The Disintegration of European Civilisation and the Future of International Law: Some Observations on the Social Foundations of Law

A Manual Digest of Common International Law. With Theoretical and Historical Introductions and a Discussion of the Future of International Law. By Pitman B. Potter. New York and London: Harper & Bros, 1932. Pp. xxii, 284Index. $2.50.

A Manual Digest of Common International Law. With Theoretical and Historical Introductions and a Discussion of the Future of International Law. By Pitman B. Potter. New York and London: Harper & Bros, 1932. Pp. xxii, 284Index. $2.50.

What would be the Character of a New War?

THE appearance of this volume is opportune in view of the Disarmament Conference now sitting; it contains eighteen articles contributed by eminent writers of various nations, mostly military men or university professors. Four of them are written by Frenchmen, three each by Englishmen and Germans, and others by men born in Sweden, Japan, Denmark, Switzerland, Russia, and Greece. Each author was evidently assigned a certain aspect of modern warfare, except that in some cases there are several articles on the same subject; but this plan has some disadvantages, because it was no one's duty to sum up the often conflicting conclusions, or to consider specially the fundamental nature of war. It was neglect of this last, or a too hasty generalisation from the character of a few recent conflicts, that led to the disillusions of the War of 1914-18 and of the subsequent conferences and conventions. Major Bratt and Lieut. Sergel, of Sweden, do, however, discuss the matter in the first four pages of their paper on aerial weapons and future war, and Prof. Politis (of Greece), in the final article dealing with the future of international law on warfare, says a few words on the subject. What would be the Character of a New War? Enquiry organised by the Inter-Parliamentary Union. Pp. xviii + 411. (London: P. S. King and Son, Ltd., 1931.) 16s. net.

The Future of International Law

The Future of International Law