The Financial Stability Board
An essential component of the post-crisis regulatory structure was an organization that could coordinate the work of regulators, both across subject areas and countries, and highlight potential...
View ArticleRecalibrating the Investment Treaty Arbitration System Through...
A recent book honoring Detlev Vagts takes stock of established fields of “transnational law,” such as the protection of property and investment. The book also explores new areas of law that are in the...
View ArticleThe Countermajoritarian Opportunity?: Courts, Rights, and the Accommodation...
Over the past two decades, and in several regions of the world, there has been an expansion of judicial power. In this same time period, there has also been a growing interest in, and rather heated...
View ArticleThe United States, Syria, and the International Criminal Court: Implications...
In August 2013, President Obama advocated military intervention by the United States in response to President Bashar al-Assad’s alleged use of chemical weapons in Syria. President Obama further...
View ArticleFrom “Dealing in Virtue” to “Profiting from Injustice”: The Case Against...
In 1998, the book Dealing in Virtue discussed the growth of international arbitration and a cadre of elite arbitrators who, through intense competition, established themselves as trustworthy to resolve...
View ArticleHILJ – Opinio Juris Online Symposium: Volumes 54(2) & 55(1)
The HILJ Online Symposium is a week-long discussion by scholars and practitioners on selected print articles from the Harvard International Law Journal. The Symposium takes place on the Opinio Juris...
View ArticleThe Role of the European Convention on Human Rights in the Wake of Kiobel
Kiobel v. Royal Dutch Petroleum Co. has generated concerns that a governance gap will emerge for corporations that propagate human rights violations abroad. In Kiobel, the U.S. Supreme Court barred...
View ArticleA Fly in the Ointment: The TPP’s Investor-State Dispute Settlement Clause
By Josh Macfarlane The Trans-Pacific Partnership (TPP) has had quite the summer. With the help of some adroit political maneuvering and an unexpected alliance between President Obama and congressional...
View ArticleSovereignty Cannot Hold Back the Power of Humanity
By Lucas Bento At the heart of the current refugee crisis affecting Europe’s borders is the poor exercise of sovereign judgment. Sovereignty, as a fundamental principle of international law, implies...
View ArticleCan a Corporation Be a Criminal Enterprise?
By Marissa Florio Under international and U.S. law, individuals can be prosecuted for membership in criminal enterprises. But what do we mean by “criminal enterprise”? The FBI defines a criminal...
View ArticleClik here to view.
A Shifting Tide in the South China Sea: The Permanent Court of Arbitration...
By Christopher Mirasola October was not a good month for China in the South China Sea. The United States Navy sent a guided missile destroyer on a freedom of navigation exercise to assert that...
View ArticleCaught in the Middle: Trade Agreements and the Global Power Struggle
By Jisan Kim International trade creates opportunities for nations to cooperate for a higher standard of living. Trade agreements facilitate cross-border trade by lowering tariffs and setting rules on...
View ArticleStriking the Balance: Combating Terrorism and Preserving the Freedom of...
By Lindsay Church The freedom of expression is the cornerstone of a functioning democracy. Journalists monitor the government and share information so that citizens can be informed and participate in...
View ArticleSwimming Against the Tide: Colombia’s claim to a Shipwreck and Sunken Treasure
By Christopher Mirasola June 8, 1708. It is almost eight years after King Louis XIV installed his grandson Philip on the Spanish throne and Europe is only halfway through the War of Spanish Succession,...
View ArticleCould Collective Action Clauses have saved Argentina’s Presidential Plane?
By Josh Macfarlane Tango 01—Argentina’s equivalent to Air Force One—hasn’t gotten much air time recently. The plane was grounded in 2013 by the country’s former President Cristina Kirchner, who was...
View ArticleClosing the 90 Mile Gap: How Changing U.S.-Cuba Relations Lead to Changing Law
By Marissa Florio On March 20, 2016, President Obama became the first sitting United States President to visit Cuba in 88 years. Over the last few years of his presidency, he has promoted a thaw in...
View ArticleRegulating Economic Development: Environmental and Social Standards of the...
By Jisan Kim This year, the Asian Infrastructure Investment Bank (AIIB) will officially initiate its operations with $100 billion of capital. The AIIB aims to fund much-needed basic infrastructure...
View ArticleInternational Legal Interpretation as a Game: A Compelling Analogy?
A review of Interpretation in International Law. Edited by Andrea Bianchi, Daniel Peat and Matthew Windsor. Oxford: Oxford University Press. 2015. Pp. 432. $120.00. By Odile Ammann The...
View ArticleThe Unavoidable Effects of the UK Referendum on the European Union
By Iris Goldner Lang and Samuel H. Chang For the past several months, the UK electorate has been engaged in a fierce political debate over a single question: “Should the United Kingdom remain a...
View ArticleThe Contributions of the Obama Administration to the Practice and Theory of...
In this essay, a slightly revised version of the Sherrill Lecture delivered in April, Professor Jack Goldsmith shares his insights on the Obama administration’s contributions to the practice and theory...
View Article
