There are various ways of understanding, interpreting and theorising international law. For instance, Kelsen founded a method of jurisprudence that was critical of ideology, the socalled “pure theory of law”. This is a method allowing jurists to engage with law as a subject of study in a...

The past few decades have witnessed the growth of an exciting debate in the legal academy about the tensions between economic pressures to commodify and philosophical commitments to the market inalienability of certain items. Sex, organs, babies and college athletics are among the many topics...

The Court of Justice of the European Union published its much awaited preliminary ruling in Case C-263/18, Nederlands Uitgeversverbond and Groep Algemene Uitgevers (the Tom Kabinet case) in December 2019. In its UsedSoft ruling (Case C-128/11), the CJEU accepted the exhaustion of distribution...

This chapter examines the domestic origins of the canons of construction used in treaty interpretation. It shows that these canons typically draw on domestic principles for statutory and contractual interpretation. Section I surveys general themes emerging from specific canons of construction,...

An account of the course of the litigation in Waltons Stores (Interstate) Ltd v Maher (1988) 164 CLR 387 from the trial to the High Court of Australia and the previous history of promissory estoppel shows the radical alteration that the High Court decision made to the previous understanding of...

This paper argues that judicial review usually emerges in response to a nation's need for an umpire to resolve federalism or separation of powers boundary line disputes. Once such an umpire is established, judicial review tends to expand to protect individual rights as well as umpiring among...

The past few decades have witnessed the growth of an exciting debate in the legal academy over the tensions between norms and philosophical commitments to the market inalienability of certain items on the one hand and to economic pressures to commodify on the other. Sex, organs, babies and...