One of the basic dilemmas of conflicts law, or private international law (PIL), is whether, in choosing the law applicable to cases involving conflicts of laws, one should aim for: (1) the law of the proper state without concern for the "justness" of the particular result ("conflict justice");...

A review of the scope, legality and enforceability This article aims to provide the reader with a critical analysis of the scope, legality and enforceability of The Right to Development the (RTD), more precisely of “the right to a process of development in which all rights and fundamental...

Energy security and energy sovereignty have their national and international dimensions. In the EU Member States, these dimensions are further complemented by the EU perspective. The concept of raw materials and energy security, as currently proclaimed by a number of states, is probably too...

Intellectual property is routinely regulated by international investment agreements (‘IIAs’) as a protected class of investment. However, it has only emerged as a subject of investment claims in recent years and in relatively few niche cases, and as such the relationship between intellectual...

International financial relations have largely been defined by cross-border trade, foreign direct investments, and global banking relations. This paper demonstrates that another activity, sovereign investments by special vehicles known as sovereign wealth funds, is rapidly redefining the...

This paper suggests some of the deeper implications of the climate change debate for both international law and the development of international institutions. The author’s views are based not only on material presented in the symposium, but on his own experience as a New Zealand Government...

In this article, the author discusses the problem of ensuring equality and non-descrimination in a legal system. Equality and non-descrimination constitute universally recognized standards in the protection of human rights. At the same time, one can hardly assert that the universal community has...

There exists a range of situations where non-state actors and states can possibly share responsibility for their contribution to harmful outcomes, thereby raising a multitude of questions on the determination, content and implementation of responsibility in such a scenario. It may be tempting to...

Although collective cultural rights are included in international human rights law, their precise place and their nature and significance are not well-explored or understood. This paper aims to show where collective cultural rights can be found in international human rights law and explore how...

The paper examines the potential of customary international law to protect global public goods. In particular, it focuses on the question whether customary law can contribute to the mitigation of climate change. The analysis proceeds in the three steps. First, it will have a closer look at the...