The Rule of Law in the Recent Jurisprudence of the ECJ

There cannot be any doubt that the rule of law is one of the most elementary and important features of the European Union and the process of European integration as a whole. Without denying the nature... Read More

Combatting Economic Sanctions: Investment Disputes in Times of Political Hostility, a Case Study of Iran

Planes to Tehran are no longer only filled with Iranian expatriates, adventurous tourists, or curious journalists. As Jack Straw, former Foreign Secretary of the United Kingdom keenly observed, the planes... Read More

Beyond Self-Judgment: Exceptions Clauses in US BITs

The United States is now negotiating its most important bilateral investment treaty (“BIT”) to date, a BIT with China. In July 2013, the two States made the “[b]reakthrough [a]nnouncement” that... Read More

Beyond Self-Judgment: Exceptions Clauses in US BITs

The United States is now negotiating its most important bilateral investment treaty (“BIT”) to date, a BIT with China. In July 2013, the two States made the “[b]reakthrough [a]nnouncement” that these negotiations would begin. Since then, former officials from both States have touted the benefits of this treaty, stating that it will “unleash far more […]

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Deconstructing the WTO Conformity Obligation: A Theory of Compliance as a Process

The World Trade Organization (“WTO”) celebrates its twentieth anniversary in 2015 and has proved very successful in strengthening the contours of the international economic order and promoting reforms in a number of member countries. One can find abundant literature on amendments made by different countries and sectors related to the law, the organization, or the […]

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(En)gendering Suffering: Denial of Abortion as a Form of Cruel, Inhuman, or Degrading Treatment

International law has long considered the regulation of abortion to be a prerogative of the State. In recent years, however, international human rights bodies have begun to consider the conformity of domestic abortion regulations with States’ human rights obligations. This Article identifies and examines a notable trend among human rights bodies: namely, their willingness to […]

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The Politics of Narrative: Law and the Representation of Mexican Criminality

Not perhaps since the 1910 Mexican Revolution have conditions of violence and criminality in Mexico so preoccupied the United States. Pages of US newspapers fill almost daily with graphic accounts of horrific crimes throughout Mexico, each more gruesome than the other: decapitations, execution-style mass murders, corpses in barrels of lye. Official US governmental accounts attribute […]

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Policing Sex: the Colonial, Apartheid, and New Democracy Policing of Sex Work in South Africa

The history of the policing of sex work in South Africa reveals the surprisingly contradictory manners that legal regulations, police action, and public discourses have all “policed” sex work to meet competing goals. Sex work has generally been subject to formal state policing in the form of legal regulations and laws, which mostly focus on […]

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Justice Among the Ashes: How Government Compensation Facilities Can Bring Justice to Disaster Victims

How should governments provide financial assistance to disaster victims in order to maximize their satisfaction? What are the key factors that influence whether victims think the facility created to process and resolve their claims for disaster compensation is fair? Of course, a priority when a disaster occurs is to get the victims back on their […]

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