International courts, despite the wide-ranging means that have been put at their disposal, need the cooperation of various domestic actors. The cooperation of States with international criminal tribunals has not always been without difficulty, as these tribunals have been the object of various...

The paper aims at appraising whether domestic courts, because of different legal and institutional constraints, construe the systemic character of the international legal order differently from international courts and international legal scholars. After recalling the extent to which...

This contribution aims to show that the dominance of formalism in treaty law is much more nuanced and qualified than the general perception sketched out in the preceding paragraph suggests. It will be argued that from its making to its termination, a treaty see-saws between formalism and...

This paper argues that the rule enshrined in article 10 of the International Law Commission's articles on State responsibility, according to which violations of international law by rebels that subsequently seize power are attributable to the State, rests neither on sound precedential nor...

Without even the benefit of hindsight, we may already wonder whether the controversy that was triggered by the 2005 Yusuf judgment of the Court of First Instance (hereafter the CFI) and clinched by the 2008 Kadi ruling of the European Court of Justice (hereafter the ECJ) was inevitable and...

After an empirical appraisal of the extent to which non-state actors wield some law-making powers at the international level (II), this chapter will attempt to evaluate the degree to which the alleged inadequacy of the current legal system is directly affected by our respective perceptions of...

On 2 February 2007 the Special Envoy of the UN Secretary-General unveiled a comprehensive proposal for a supervised independence of Kosovo with a view of clinching the last chapter of the dismemberment of Yugoslavia. This proposal constitutes a further attempt by the international community of...