作者：Duggal, Kabir
作者单位：Harvard University
摘要：This Note offers a historically grounded reappraisal of the origins and conceptual architecture of the fair and equitable treatment (FET) standard in international investment law, challenging the entrenched orthodoxy that treats FET as a doctrinal derivative of the customary international law minimum standard of treatment (MST) and, in particular, the canonical formulation articulated in Neer v. Mexico. Drawing on a meticulous examination of contemporaneous archival materials and U.S. treaty p...
作者：Betin, Batuhan
摘要：This Article argues third states ought to be allowed to rely on common interests underpinning rights and obligations erga omnes and erga omnes partes in order to successfully intervene in disputes before the International Court ofJustice in which those same norms are being litigated. Using Nicaragua's since withdrawn application to intervene in Application of the Convention on the Prevention and Punishment of the Crime of Genocide in the Gaza Strip (South Africa v. Israel) as a demonstrative, ...
作者：Off, Henry
摘要：This Article provides the first in-depth analysis of the oversight and misunderstanding by international criminal justice mechanisms of the role that legal professionals and institutions play in the commission of international crimes. The Article first identifies a particular form of international crime rooted in domestic structures and institutions. These crimes of law produce systemic violence that extends beyond individual criminal acts. Without a legal conception of institutional crime, ac...
作者：Dixon, Rosalind; Landau, David
作者单位：University of New South Wales Sydney; State University System of Florida; Florida State University
摘要：An extensive literature examines transformative constitutionalism: the growing tendency of constitutions around the world, especially in the Global South, to seek to transform politics and society to reduce poverty, increase inequality, and achieve other goals. Transformative constitutionalists emphasize the creation of newer rights, including economic and social rights, environmental rights, digital rights, and beyond. They also encourage innovation in judicial decision-making as a key route ...
作者：Luster, Tamar
作者单位：Tel Aviv University
摘要：In March 2025, Israel's Supreme Court upheld the legality of Israel's restrictions on humanitarian aid into Gaza, rejecting a petition brought by Israeli non-governmental organizations. The ruling came amidst intensifying international debate over whether Israel's conduct amounts to genocide and the issuance of international arrest warrants against top Israeli leaders for the war crime of starvation. This Article critically examines the Supreme Court decision to demonstrate how norms of intern...
