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Volume 116 - January 2022

Contents

Page 2 of 5

Agora Essays: The War in Ukraine and the Future of the International Legal Order

  • Weaponizing Energy: Energy, Trade, and Investment Law in the New Geopolitical Reality

  • Anatole Boute
  • Published online by Cambridge University Press:
    27 October 2022, pp. 740-751
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  • Concerns over the weaponization of energy during the war in Ukraine have revived state anxieties about overreliance on certain foreign energy sources. This Essay argues that instruments of energy trade and investment protection have helped to lock states into dangerous dependencies. Trade and investment law can inhibit energy security strategies designed to diversify away from unreliable sources and to block suspicious investors. With energy used as a weapon, reform of the liberal energy regime is needed to allow states to prevent the creation of dependencies and protect their energy security in the new geopolitical reality.

Contemporary Practice of the United States Relating to International Law: Edited by Kristen E. Eichensehr

State Diplomatic and Consular Relations

International Decisions: Edited By Julian Arato

Case Reviews

  • Big Brother Watch and Others v. the United Kingdom

  • Part of:
  • Monika Zalnieriute
  • Published online by Cambridge University Press:
    28 July 2022, pp. 585-592
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International Decisions: Edited By Julian Arato

Contemporary Practice of the United States Relating to International Law: Edited by Kristen E. Eichensehr

General International and U.S. Foreign Relations Law

International Oceans, Environment, Health, and Aviation Law

Agora Essays: The War in Ukraine and the Future of the International Legal Order

  • Conflicting Declarations Under the Hague Service Convention Amid the Russo-Ukrainian War: Dilemmas and Preliminary Solutions

  • Jie (Jeanne) Huang
  • Published online by Cambridge University Press:
    27 October 2022, pp. 752-763
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  • The 1965 Convention on the Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters has increasingly been used by its member states to demonstrate their territorial claims, including in the Falklands dispute and the Israel-Palestine conflict. This has now arisen in the Russo-Ukrainian war, as conflicting declarations have been formulated by eight states under the Convention. This Essay analyzes the legal dilemmas brought by these declarations and proposes preliminary solutions.

Contemporary Practice of the United States Relating to International Law: Edited by Kristen E. Eichensehr

Use of Force, Arms Control, and Nonproliferation

  • Russia Invades Ukraine

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    27 June 2022, pp. 593-604
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International Organizations

  • United States Reelected to UN Human Rights Council

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    22 April 2022, pp. 422-426
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International Human Rights and Humanitarian Law

Agora Essays: The War in Ukraine and the Future of the International Legal Order

  • Outcasting the Aggressor: The Deployment of the Sanction of “Non-participation”

  • Martina Buscemi
  • Published online by Cambridge University Press:
    27 October 2022, pp. 764-774
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  • This Essay explores the sanction of “non-participation,” which has been used against Russia following the start of the war in Ukraine. After mapping out the multifaceted instances of Russia's exclusion from international organizations, the analysis considers the legality of measures adopted that do not have an explicit basis in institutional rules. The Essay concludes with broad reflections on the use of international organizations as platforms to stigmatize and isolate the violator and outlines some consequences and functions that the sanction of “non-participation” has today.

Contemporary Practice of the United States Relating to International Law: Edited by Kristen E. Eichensehr

State Diplomatic and Consular Relations

  • Russian Invasion of Ukraine Draws Widespread—but Not Universal—Condemnation

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    27 June 2022, pp. 605-614
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Agora Essays: The War in Ukraine and the Future of the International Legal Order

  • Ukraine and the Emergency Powers of International Institutions

  • Elena Chachko, Katerina Linos
  • Published online by Cambridge University Press:
    27 October 2022, pp. 775-787
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  • As global crises become more frequent, international organizations increasingly invoke emergency powers to address them. But the study of international organization emergency governance remains in its infancy. We consider the EU response to the Russian invasion of Ukraine. The EU built on the emergency to accelerate EU integration and introduce unprecedented reforms in defense and security, migration and asylum, and energy. We map the techniques the EU deployed to achieve this and argue that they are not as alarming as critics have suggested.

Contemporary Practice of the United States Relating to International Law: Edited by Kristen E. Eichensehr

International Criminal Law

International Economic Law

  • United States Makes Efforts to Curb Misuse of Surveillance Technology

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    22 April 2022, pp. 426-432
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International Human Rights and Humanitarian Law

  • United States Pressures China Over Human Rights Abuses

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    22 April 2022, pp. 433-438
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Use of Force, Arms Control, and Non-proliferation

  • United States Grapples with Aftermath of Withdrawal from Afghanistan

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    14 January 2022, pp. 190-197
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International Organizations

Agora Essays: The War in Ukraine and the Future of the International Legal Order

  • Responsibility of Private Individuals for Complicity in a War of Aggression

  • Nikola R. Hajdin
  • Published online by Cambridge University Press:
    27 October 2022, pp. 788-797
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  • The crime of aggression requires that the perpetrator be in a position effectively to exercise control over—or to direct—the political or military action of a state. This requirement, called the “leadership clause,” has led to the view that private individuals are excluded from criminal responsibility because they lack the necessary authority over the state policy. In this Essay, I argue against this dominant view and outline an analytical framework for criminal complicity in a war of aggression.

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