In association with the International Commission of Jurists

Articles

06 Jul

The article, Foreign Officials Immunity Determinations in U.S. Courts:  The Case Against the State Department, considers the executive branch’s power to make foreign official immunity determinations that are binding in U.S. courts. As many readers know, the Foreign Sovereign Immunities Act governs the immunity of foreign states in U.S. courts. This statute does not apply to the immunity of individual foreign...

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06 Jul

Over the course of the next few days we are pleased to have Ingrid Wuerth discuss her article on Foreign Officials Immunity Determinations in U.S. Courts: The Case Against the State Department. Her article was recently published in the Virginia Journal of International Law. She argues that the text and structure of the Constitution, functional and historical...

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18 May

Jean d’Aspremont’s supremely kind comments on my article require little response other than an expression of appreciation. Jean’s knowledge in this field is second to none, and the differences in our perceptions of these topics are minute. But it is, perhaps, worth clarifying my position on the recognition of coup regimes and the question of a democratic entitlement in international...

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18 May

[Jean d’Aspremont is Associate Professor of International Law and Senior Research Fellow of the Amsterdam Center for International Law at the University of Amsterdam] Brad Roth’s timely and insightful article entitled ‘Secessions, Coups and the International Rule of Law: Assessing the Decline of the Effective Control Doctrine’ published in the Melbourne Journal of International Law deserves the greatest attention. Twelve years...

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18 May

[Brad Roth is an Associate Professor of Political Science and Law at Wayne State University] The effective control doctrine that, in different forms, has governed the recognition of states and governments is unappealing at its core.  Based on the principle of non-interference in civil strife within established international borders, the doctrine’s essential logic is that, with regard to internal efforts to...

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17 May

[Dianne Otto is a Professor of Law at the University of Melbourne, where she directs the programme on International Human Rights Law] Two of the challenging questions that Gina Heathcote asks in her wonderfully provocative article are: What is a ‘feminist’ approach to the regulation of the ‘use of force’ in international law? What light is thrown onto this question by...

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16 May

As a general matter, we agree with Professor Weber’s comments, especially in relation to development and climate change. While we have not in this article focused on developmental aspects of the global financial architecture, in fact, we both view this as the fundamental goal.[1] Development however is not a simple objective and no single set of solutions to the development...

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16 May

[Douglas P Arner is Director of the Asian Institute of International Financial Law, Director of the Duke–HKU Asia–America Institute in Transnational Law and a Professor of Law at the University of Hong Kong. Ross P Buckley is a Professor of International Finance Law at the University of New South Wales and a Fellow of the Asian Institute of International Financial...

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15 May

The Melbourne Journal of International Law is delighted to be continuing our partnership with Opinio Juris. This week will feature three articles from our most recent issue. The full issue is available for download here. On Monday, Douglas Arner and Ross Buckley will discuss their article ‘Redesigning the Architecture of the Global Financial System’. Examining the history of global financial governance...

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29 Apr

I did not want to let the opportunity slip by to offer one comment on Peter Lindseth's fine book - but not from the standpoint of the EU, on which I am not an expert.  Instead, I wanted to comment and commend the discussion of legitimacy in the book, both early in an abstract sense and throughout the text in...

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