Taking into account the authoritative nature of decisions of the ECHR, the latter could become an additional instrument in the argumentation toolkit for both, the investors and the host states. As it can be observed from the emergence of scholarly discussions on the topic, principles of the ECHR...

This article suggests that a re-evaluation of the principle of subsidiarity is in order. While I make no sweeping claims that the principle of subsidiarity is always preferable or always undesirable, I do suggest that a close look at the myriad ways in which subsidiarity applies reveals that it...

Given the urgent need to dramatically reduce greenhouse gas emissions, and concern regarding insufficient climate action and ambition across the globe, NGOs and individuals are increasingly turning to the courts to force States, public authorities, and private entities to increase their climate...

It is frequently said that the United States has a paradoxical human rights policy. This Article takes a closer look at this vision from the perspective of U.S. engagement with international human rights treaty bodies, the quasi-adjudicatory expert committees or commissions that exercise...

In social justice advocacy in the United States today, activists often use international human rights rhetoric, methods, standards, and institutions. What are the scope, purposes, and effects of this strategy? Is this something new? If so, how and when did this trend begin? This paper discusses...

Some commentators have recently proclaimed the U.S. Alien Tort Claims Act to be dead. In Nevsun Resources, the Canadian Supreme Court took a seemingly bold step in providing access to justice to victims of human rights abuses against corporate entities, presumably to partly fill this void. This...

Significant numbers of multinational corporations ("MNCs") from the European Union ("EU") operate in the African, Caribbean and Pacific ("ACP") countries. The ACP countries are attractive operational bases because of the enormous availability of raw materials, low cost of labour, and favourable...

This chapter reviews and synthesizes the work of economists and law and economics scholars in the field of public international law. The bulk of that work has been in the area of international trade, but many of the ideas in the trade literature have implications for other subfields. Recent...

The author explores how Russian government officials and judges interact with the European Court of Human Rights (ECtHR) and argues that the Russian judiciary may be the most ECtHR-friendly branch of Russian government. Russian judges increasingly refer to the jurisprudence of the ECtHR, despite...