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...

In her book, 'International Authority and the Responsibility to Protect,' Anne Orford compellingly demonstrates how the doctrine of responsibility to protect can be seen as providing a normative foundation for international authority already exercised through 'pre-existing practices of...

The current tax laws are based heavily on concepts of physical geography, such as controlling premises and physical equipment or employing staff in the jurisdiction. The geographical concepts do not accommodate the cloud business model in any sensible way. As a consequence, the taxation of cloud...

This article concerns the recent case of Georges v United Nations, which constitutes, to date, the most elaborate public law challenge to the principle of UN immunity from suit and private law attempt at procuring compensation from the UN for alleged malfeasance. Despite the fact that it relates...

The beginning of the twenty-first century saw an apparent change in language in public discourses characterised by the rise of so-called “essentially oxymoronic concepts”, i.e., mainly oxymora and paradoxes. In earlier times, these rhetorical figures of speech were largely reserved for the...

Although multilateral rules regulating subsidies on the basis of their effects rather than their classification have existed since the end of the Tokyo Round, the WTO dispute over implementation of the rulings in the US Cotton case is only the second time (the first time being the Follow Up to...

Modern BITs habitually begin with a preamble, whereupon basic concepts such as what constitutes an investment and an investor for the purpose of the treaty are somewhat defined. The effectiveness and manner in which BITs pursue their objectives are remarkably uniformed, thanks to their vigorous...