Chicago Journal of International Law

A biannual journal focusing on international law and policy issues.

Articles from Vol. 9, No. 2, Winter

Form, Function, and the Powers of International Courts
At the end of the nineteenth century, innovations in technology and design permitted construction of the first skyscrapers in Chicago and led to profound changes in the urban environment. The new possibilities in architecture led to an ongoing debate...
Identitarian Anxieties and the Nature of Inter-Tribunal Deliberations
I. INTRODUCTIONOn matters of judicial contacts across territorial boundaries-whether horizontal1 or vertical2-two seemingly opposed trends define our globalized world. On the one hand, communication technologies are making it easier for members of judicial...
International Common Law: The Soft Law of International Tribunals
I. INTRODUCTIONThe dominant trend in international law since the end of the Second World War has been one of increasing legalization.1 States have created legal regimes of one form or another to govern a host of areas previously left to the realm of...
Is Arbitration a Threat or a Boon to the Legitimacy of International Investment Law?
I. THE "LEGITIMACY CRISIS" IN INTERNATIONAL INVESTMENT LAWInternational courts and tribunals are, in contrast to their domestic counterparts, in the unique situation of having to defend themselves on a regular basis against attacks on their legitimacy...
Keeping the Barbarians outside the Gate: Toward a Comprehensive International Agreement Protecting Cultural Property
"The British say they have saved the [Elgin] Marbles. Well, thank you very much. Now give them back."-Melina Mercouri1In 1897, a British expedition arrived in the Nigerian city of Benin while the king of Nigeria was engaged in a sacred ritual, during...
Minimalist Interpretation of the Jurisdictional Immunities Convention
I. IntroductionThe UN Convention on Jurisdictional Immunities of States and Their Property ("Jurisdictional Immunities Convention")1 is the first worldwide agreement to formalize a consistent approach to jurisdictional immunity. Basically it presents...
No Way out? the Question of Unilateral Withdrawals or Referrals to the ICC and Other Human Rights Courts
"Relax, " said the night man. 'We are programmed to receive.You can check out any time you like, but you can never leave!"The Eagles, Hotel California, Asylum Records, 1976I. INTRODUCTIONThe Rome Statue of the International Criminal Court ("ICC") entered...
The Clash of Commitments at the International Criminal Court
I. INTRODUCTIONOn July 10, 2008, International Criminal Court ("ICC") Prosecutor Luis Moreno-Ocampo informed members of the UN Security Council that he would be issuing an indictment against Sudanese President Omar Hassan al Bashir on charges of genocide...
The Politics of International Judicial Appointments
I. INTRODUCTIONHow, if at all, do governments influence the choices that international judges make? This question has justly received ample attention in the literature. Unlike in the study of American judicial politics, however, relatively few of these...
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