The United States' participation in international courts, and in particular, the potential accession to the International Criminal Court (ICC), which would have jurisdiction over U.S. nationals and U.S. territory, raises serious constitutional questions. These questions were thoroughly analyzed...

This paper examines Hans Kelsen's theory of international adjudication and its political implications in the context of Kelsen's post-war calls for compulsory jurisdiction. It defends Kelsen's position on judicial law-making against claims by scholars such as Hardt and Negri that it amounts to a...

For years, tobacco interests have played an important role in developing international law. Recently, cooperation among nations concerned with the risks and health consequences of smoking tobacco has resulted in the adoption of international treaties, regional directives, and common...

In submitting disputes over environmental harms to an international court or tribunal, the parties to the conflict seek a workable remedy for the issue(s) that triggered the action. Environmental disputes are a relatively recent class of cases that have been litigated in international courts....

Non-Governmental Organizations (NGOs) can contribute to the success of international courts by bringing important cases to these courts, publicizing their judgments, and monitoring the enforcement of their judgments. However, NGOs serve their own strategic interests, which do not necessarily...

When the International Criminal Court (ICC) was established in 2002, States, NGOs, and the international community had extraordinarily high expectations that the Court could bring an end to impunity and provide broad-based accountability for international crimes. Nearly five years later, those...

This paper analyses the development and the current application of the principle of subsidiarity and the margin of appreciation doctrine in the European Court of Human Rights’ (ECtHR) case law. The ECtHR is currently undergoing a reform process to ensure its long-term effectiveness and...

The protection of a "system of undistorted competition" within the internal market is one of the core elements of EU law that institutionalizes economic integration. The addressees of the prohibitions regarding restraints of competition such as Articles 101 and 102 TFEU are "undertakings". Hence...

Der nachstehende Artikel setzt sich mit der Frage auseinander, wie sich aus deutscher juristischer Sicht die Globalisierung bislang auf die Praxis grenz-überschreitender Transaktionen ausgewirkt hat. Dies soll unter vier zentralen Aspekten untersucht werden: Wer bestimmt das anwendbare Recht...