Rethinking Jurisdiction in International Law

Rethinking Jurisdiction in International Law

Jurisdiction has traditionally been considered in international law as purely a question of the rights and powers of states. Conceived in this way, the rules on jurisdiction serve the important function of delimiting (while accepting some overlap of) state regulatory authority – the question of when a person or event may be subject to national regulation – a function which is shared with the co...

the decline of jurisdiction in private international law

the exercise of jurisdiction as a feature of sovereignty application of states has passed from traditional rule of territoriality and has included goods outside of state territory. the expansion of jurisdictional rule that has been justified on the basis of state interests and legitimate benefits of private persons imposed enormous costs on litigant parties and forums. the provision of public b...

Beyond Compliance: Rethinking Why International Law Really Matters

The conceptual, and more recently empirical, study of compliance has become a central preoccupation, and perhaps the fastest growing subfield, in international legal scholarship. The authors seek to question this trend. They argue that looking at the aspirations of international law through the lens of rule compliance leads to inadequate scrutiny and understanding of the diverse complex purpose...

The Environment and International Law : Rethinking the Traditional Approach

A cursory examination of the legal environmental systems of some developing countries lends credibility to the argument that nation states, particularly those of the developing world, cannot be relied upon to pursue environmental objectives beneficial to the global commons. The results of some country studies, for example, Mexico, Chile, and Brazil take this position. R. Findley, in his study o...

Rethinking legislative consent law?