American Bankruptcy Institute Law Review 17 Am. Bankr. Inst. L. Rev., No. 1, Spring, 2009. Boston College Law Review 50 B.C. L. Rev., No. 3, May, 2009. Boston University Public Interest Law Journal 18 B.U. Pub. Int. L.J., No. 2, Spring, 2009. Cardozo Journal of Conflict Resolution 10 Cardozo J. Conflict Resol., No. 2, Spring, 2009. Cardozo Public Law, Policy, & Ethics Journal 7 Cardozo Pub. L. Pol’y & Ethics J., No. 3, Summer, 2009. Chicago Journal of International Law 10 Chi. J. Int’l L., No. 1, Summer, 2009. Colorado Journal of International Environmental Law and Policy 20 Colo. J. Int’l Envtl. L. & Pol’y, No. 2, Winter, 2009. Columbia Journal of Law & the Arts 32 Colum. J.L. & Arts, No. 3, Spring, 2009. Connecticut Public Interest Law Journal 8 Conn. Pub. Int. L.J., No. 2, Spring-Summer, 2009. Cornell Journal of Law and Public Policy 18 Cornell J.L. & Pub. Pol’y, No. 1, Fall, 2008. Cornell Law Review 94 Cornell L. Rev., No. 5, July, 2009. Creighton Law Review 42 Creighton L. Rev., No. 3, April, 2009. Criminal Law Forum 20 Crim. L. Forum, Nos. 2-3, Pp. 173-394, 2009. Delaware Journal of Corporate Law 34 Del. J. Corp. L., No. 2, Pp. 433-754, 2009. Environmental Law Reporter News & Analysis 39 Envtl. L. Rep. News & Analysis, No. 7, July, 2009. European Journal of International Law 20 Eur. J. Int’l L., No. 2, April, 2009. Family Law Quarterly 43 Fam. L.Q., No. 1, Spring, 2009. Georgetown Journal of International Law 40 Geo. J. Int’l L., No. 3, Spring, 2009. Georgetown Journal of Legal Ethics 22 Geo. J. Legal Ethics, No. 2, Spring, 2009. Golden Gate University Law Review 39 Golden Gate U. L. Rev., No. 2, Winter, 2009. Harvard Environmental Law Review 33 Harv. Envtl. L. Rev., No. 2, Pp. 297-608, 2009. International Review of Law and Economics 29 Int’l Rev. L. & Econ., No. 1, March, 2009. Journal of Environmental Law and Litigation 24 J. Envtl. L. & Litig., No. 1, Pp. 1-201, 2009. Journal of Legislation 34 J. Legis., No. 1, Pp. 1-98, 2008. Journal of Technology Law & Policy 14 J. Tech. L. & Pol’y, No. 1, June, 2009. Labor Lawyer 24 Lab. Law., No. 3, Winter/Spring, 2009. Michigan Journal of International Law 30 Mich. J. Int’l L., No. 3, Spring, 2009. New Criminal Law Review 12 New Crim. L. Rev., No. 2, Spring, 2009. Northern Kentucky Law Review 36 N. Ky. L. Rev., No. 4, Pp. 445-654, 2009. Ohio Northern University Law Review 35 Ohio N.U. L. Rev., No. 2, Pp. 445-886, 2009. Pace Law Review 29 Pace L. Rev., No. 3, Spring, 2009. Quinnipiac Health Law Journal 12 Quinnipiac Health L.J., No. 2, Pp. 209-332, 2008-2009. Real Property, Trust and Estate Law Journal 44 Real Prop. Tr. & Est. L.J., No. 1, Spring, 2009. Rutgers Race and the Law Review 10 Rutgers Race & L. Rev., No. 2, Pp. 441-629, 2009. San Diego Law Review 46 San Diego L. Rev., No. 2, Spring, 2009. Seton Hall Law Review 39 Seton Hall L. Rev., No. 3, Pp. 725-1102, 2009. Southern California Interdisciplinary Law Journal 18 S. Cal. Interdisc. L.J., No. 3, Spring, 2009. Stanford Environmental Law Journal 28 Stan. Envtl. L.J., No. 3, July, 2009. Tulsa Law Review 44 Tulsa L. Rev., No. 2, Winter, 2008. UMKC Law Review 77 UMKC L. Rev., No. 4, Summer, 2009. Washburn Law Journal 48 Washburn L.J., No. 3, Spring, 2009. Washington University Global Studies Law Review 8 Wash. U. Global Stud. L. Rev., No. 3, Pp.451-617, 2009. Washington University Journal of Law & Policy 29 Wash. U. J.L. & Pol’y, Pp. 1-401, 2009. Washington University Law Review 86 Wash. U. L. Rev., No. 6, Pp. 1273-1521, 2009. William Mitchell Law Review 35 Wm. Mitchell L. Rev., No. 4, Pp. 1235-1609, 2009. Yale Journal of International Law 34 Yale J. Int’l L., No. 2, Summer, 2009. Yale Journal on Regulation 26 Yale J. on Reg., No. 2, Summer, 2009.

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Current index to legal periodicals

Is there still a right to seek asylum in a globalised world? Migration control has increasingly moved to the high seas or the territory of transit and origin countries, and is now commonly outsourced to private actors. Under threat of financial penalties airlines today reject any passenger not in possession of a valid visa, and private contractors are used to run detention centres and operate border crossings. In this volume Thomas Gammeltoft-Hansen examines the impact of these new practices on refugees' access to asylum. A systematic analysis is provided of the reach and limits of international refugee law when migration control is carried out extraterritorially or by non-state actors. State practice from around the globe and case law from all the major human rights institutions are discussed. The arguments are further linked to wider debates in the fields of human rights, general international law and political science. (Less)

/pdf/access-to-asylum-international-refugee-law-and-the-2g2oq29oh0.pdf

Access to Asylum: International Refugee Law and the Globalisation of Migration Control

A paradigm change is occurring, in the course of which human beings are becoming the primary international legal persons. In numerous areas of public international law, substantive rights and obligations of individuals arguably flow directly from international law. The novel legal status of humans in international law is now captured with a concept borrowed from constitutional doctrine: international rights of the person, as opposed to international law protecting persons. Combining doctrinal analysis with current practice, this book is the most comprehensive contemporary analysis of the legal status of the individual. Beyond Human Rights, previously published in German and now revised by the author in this English edition, not only deals with the individual in international humanitarian law, international criminal law and international investment law, but it also covers fields such as consular law, environmental law, protection of individuals against acts of violence and natural disasters, refugee law and labour law.

Beyond Human Rights: The Legal Status of the Individual in International Law

Book review of Toward a Just World: The Critical Years in the Search for International Justice by Dorothy V. Jones (The University of Chicago Press, 2002).

Toward a Just World: The Critical Years in the Search for International Justice

Since the decision of the International Court of Justice in LaGrand (Germany v United States of America), the law of provisional measures has expanded dramatically both in terms of the volume of relevant decisions and the complexity of their reasoning. Provisional Measures before International Courts and Tribunals seeks to describe and evaluate this expansion, and to undertake a comparative analysis of provisional measures jurisprudence in a range of significant international courts and tribunals so as to situate interim relief in the wider procedure of those adjudicative bodies. The result is the first comprehensive examination of the law of provisional measures in over a decade, and the first to compare investor-state arbitration jurisprudence with more traditional inter-state courts and tribunals.

Provisional Measures before International Courts and Tribunals

Foreword Acknowledgements Table of cases Table of treaties List of abbreviations Part I. The Permanent Court of International Justice: 1. A project of international justice Part II. International Legal Argument: 2. The basis of international law 3. The double structure of international legal argument Part III. International Legal Argument in the Permanent Court of International Justice: 4. Revisiting the Permanent Court 5. The foundational period, 1922-1924 6. An international lawyer's approach, 1925-1930 7. A national lawyer's approach, 1931-1940 Part IV. General Conclusions: 8. The legacy of the Permanent Court Appendix List of Advisory Opinions, Judgments and Orders of the Permanent Court of International Justice Bibliography.

International Legal Argument in the Permanent Court of International Justice: The Rise of the International Judiciary

`who attempts too much does nothing well': the 1920 advisory committee of jurists and the statute of the permanent court of international justice

THE TIMES are gone when bilateral investment treaties could be treated as ‘mainly bureaucrats’ treaties' tucked away from the hustle and bustle of the financial world.1 Today, their number is well above 2,000, with more under way. There has been a surge in international arbitration of investment disputes thanks to generic offers to this effect made in the treaties. The first award by a tribunal established under the International Centre for Settlement of Investment Disputes (ICSID) in such a case, Asian Agricultural Products v. Sri Lanka , was delivered in 1990. According to ICSID, at the beginning of 2004 there were 69 cases pending, the majority of which have been brought by investors on the basis of bilateral investment treaties. More proceedings have been instituted before other arbitration institutions and ad hoc under the Arbitration Rules of the United Nations Commission on International Trade Law. There is a growing industry indulging in the strengths of bilateral investment treaties while seeking to flesh out the rights and duties arising under their abstract formulations, an apposite task for ICSID.

Bilateral investment treaties are concerned with the relationship between an investor, either a national or a company of one contracting party (the ‘home state’), and the other contracting party (the ‘host state’) in connection with an ‘investment’, taken in a very broad sense,2 in the territory of the latter. In standard bilateral investment treaties the host state undertakes to encourage investments; to accord fair and equitable treatment to investments, which shall enjoy full protection and security; to treat investors and investments as favourably as investors and investments from the host state or any third state; to guarantee unrestricted transfer of investment and returns; not to expropriate investment except for a public interest and on prompt, adequate and effective compensation; and to …

Individual Rights, State Interests and the Power to Waive ICSID Jurisdiction under Bilateral Investment Treaties

In Denmark, Professor Alf Ross was the legal icon of the twentieth century. His sharp and daring intellect made his eloquent writings stimulating reading and attracted many readers abroad. His astute and uncompromising style of analysis, carrying principles and assumptions to their ultimate conclusion, made Ross' writings in the field of international law a fine study of the general conditions of international lawyers as well as of the basis of international law. This was the case, even though Ross was not primarily an international lawyer; indeed, it might have been precisely for this reason that Ross was so thought- provoking. Ross' key interest was to study the concept of law when removed from the context of national law. But far more than a 'realist' theory of law, his writings provide witness to the possible impact of national legal thinking on international law. Ross' Textbook of International Law, in which he took stock of international law, offers a good illustration of a more complicated relationship between national and international law, and between national and international lawyers — then as well as today.

Ole Spiermann

Papers

International Legal Argument in the Permanent Court of International Justice: The Rise of the International Judiciary

`who attempts too much does nothing well': the 1920 advisory committee of jurists and the statute of the permanent court of international justice

Individual Rights, State Interests and the Power to Waive ICSID Jurisdiction under Bilateral Investment Treaties

A National Lawyer Takes Stock: Professor Ross' Textbook and Other Forays into International Law

The LaGrand Gase and the Individual as a Subject of International Law