Transnational private regulatory bodies (TPRs) composed of either private actors or a hybrid of public and private actors are increasingly replacing direct governmental regulation or have begun to regulate areas that have never been subject to governmental oversight. Such privately-ordered,...

During the course of the second half of the nineteenth century, the rules regulating the conduct of armies during hostilities were internationally codified for the first time. The conventional narrative attributes the codification of the laws of war to the campaign of civil society, especially...

The debate over whether property is a limit on or the product of sovereignty envisages a tension between “the individual owner” and “the state.” But “the state” is not more than the aggregate of individuals who define theirs and others' property rights through the political process....

This essay describes the emerging legal battleground between states engaged in transnational armed conflict and the role of third parties — courts, international institutions, NGOs, and civil society — in developing and enforcing the law. This legal conflict has led to the formation of two...

In this essay we draw upon the theoretical and empirical literatures on the evolution of court independence within modern democratic states to identify aspects of their political environments that have fostered judicial independence at the domestic level. We then extend that analysis to examine...

The decades following the end of the Cold War have witnessed the growing proliferation of international regulatory institutions with overlapping jurisdictions and ambiguous boundaries. Practicing jurists have expressed concern about the effects of this increased fragmentation of international...

Absent a clear case of an armed attack, the UN Charter severely restricts the ability of individual states to react to what they perceive as their national security risks, relegating such a task to the collective decision-making of the Security Council. Contemporary global security risks pose...