Abstract This article examines the growing trend in transnational litigation case law, where English courts retain jurisdiction over cases with only tenuous connections to England. This is done...
Introduction Espionage is clandestine information-gathering by or on behalf of a state. It is usually distinguished from covert action, which aims not merely to collect information but to shape...
ABSTRACT The rapid deployment of artificial intelligence has intensified global debates on the regulation of high-risk algorithmic systems, particularly in contexts where statistical probabilities are...
Abstract Article V(1)(e) of the New York Convention appears to preserve a margin of discretion for courts of contracting states to refuse the enforcement of an arbitral award if it has been annulled...
Abstract This article aims to build a case in favour of the minority decision in the ICC’s Philippines judgment. The decision has been a source of contention amongst international law scholars, and...
Introduction In contentious maritime disputes, the International Court of Justice uses a ‘three-stage’ approach to delineate maritime boundaries. This comprises (a) the drawing of a provisional...
Abstract Despite heavy criticism, the ‘genuine link test’ for assessing the bindingness of a conferral of citizenship on third States, devised by the International Court of Justice in the 1955 case of...
Abstract: This article provides a case commentary on the European Court of Justice’s recent judgment in the joined cases of C-37/20 and C-601/20. In this ruling, the ECJ held that the 4th and...
Introduction Environmental deterioration is omnipresent, its urgency only increasing by the day.1 The European Union has responded to this crisis by placing the goal of environmental preservation...
In 2020, the United States Trade Representative released a report on the WTO Appellate Body in which it criticised the Appellate Body’s approach to the non-discrimination standard under GATT Article...
Sinkova v Ukraine is an ECtHR case concerning Anna Sinkova’s conviction for frying eggs over the Eternal Flame at the Tomb of the Unknown Soldier in Ukraine. This article argues against the majority’s...
The incorporation of the Genocide Convention in France and the UK: a grudging fight against impunity
Abstract The incorporation of an international convention into national law plays a central part in its effectiveness at the domestic level. This becomes increasingly crucial in the field of...
Abstract When one considers arbitration in the context of climate change, investment arbitration often comes to mind. However, this article proposes to take a step back and ponder if commercial...
I. INTRODUCTION Case C-800/19 Mittelbayerischer Verlag1 is a jurisdictional dispute concerning online defamation. The relevant legal framework in this case is the Brussels I Regulation 2012...
Abstract This article investigates the extent to which women are de jure and de facto discriminated against in the asylum application procedure as governed by international refugee law. It will be...
Abstract Cyberspace is increasingly becoming part of the battlefield in situations of armed conflicts. While the rules of the ius in bello governing such situations were drafted when...
This article aims to explore two judicial approaches put forth by the Court of Justice of the European Union regarding the free movement of goods in the internal market – one emphasising the effect...
This article examines the relationship between zero-rating and net neutrality in light of the latest case law of the Court of Justice of the European Union, namely the Vodafone case (Case...
Inspired by a recent proposal by legal experts in June 2021 to introduce a new international crime of ecocide, this article argues that a new International Environmental Criminal Court (IECC) should...
This article uses the Democratic People’s Republic of Korea (‘DPRK’) as a case study to evaluate the successes and failures of the United Nations Universal Periodic Review (‘UPR’). This process...
1. Introduction The COVID-19 pandemic and states’ measures to contain the virus’ spread have led to a global socio-economic crisis with effects similar to a post-war scenario. In 2020, 115...
Abstract This essay will critically assess how automated human-in-the-loop weapon systems affect human agency and which legal regulatory framework should be applied to such systems. Against this...
Abstract This article analyses the principle of Common but Differentiated Responsibility (CBDR), one of the guiding principles regulating the international rules and standards related to climate...
LSE Law Review · About the Mystery of International Criminal Law – An interview with Prof Gerry Simpson In this special interview, LSE Law Review Notes Editor Vanessa Vohs1asks Professor...
With the increasing popularity of international arbitration as a forum for resolving trade and investment disputes, the call for having ‘ethnically balanced’ panels of arbitrators has been stronger...
ByLSE Law Review
7th September 2021
Francesca Giordanelli,International Law,Michele Corgatelli,Private Law
Abstract This article tests the role of three UNIDROIT instruments in reducing the uncertainty caused by the COVID-19 pandemic. First, we cover force majeure and hardship under the...
Introduction The invalidation of the EU-US Privacy Shield in the advent of the Schrems II case raises a plethora of concerns for the UK’s free flow of data to the European...
Abstract The past November marked the 75th anniversary of the start of the Nuremberg Trials, a milestone that the Tokyo Trial will in turn reach next May. These two proceedings instituted the...
Abstract: This article analyses the European Court of Human Rights’ use of the concepts of ‘European consensus’ and ‘margin of appreciation’ in light of their effects on...
Abstract: Investor-State Dispute Settlement is currently facing a legitimacy crisis which threatens to rattle the very foundations of the system. It is suggested this crisis can be divided in two: a...
Abstract The economic fallout from the novel coronavirus is being felt worldwide. As a consequence, the international market chain has experienced imminent delays in performance of contractual...
A case note on Hudorovič and Others v Slovenia Introduction Hudorovič and Others v Slovenia1 is a case concerning Roma communities living in informal settlements who did not have adequate...
A critical review of the ECJ’s Judgments on ‘Gmail’ and ‘Skype Out’ Abstract: The Over-the-Top (OTT) services have successfully competed with “traditional”...
Introduction: In its recent report, the ILC addressed two main outstanding issues relating to jus cogens norms: the existence of regional jus cogens and the possibility of an...
Abstract US protectionist measures in modern history reached a new apex in 2018 when tariffs against steel and aluminium imports were announced, which particularly affected China, the state posing a...
The Pre-Trial Chamber (“PTC”) II of the International Criminal Court (“ICC”) handed down its much-awaited decision on the request for authorisation of an investigation into the...
Introduction Russian military intervention has seemingly turned what was once a contentious and indecisive civil war into a fray the Government shall inevitably win. Russian forces had conducted...
Dear Editor, One of the most disturbing features of the “War on Terror” is Guantanamo Bay. At the end of October 2015, Shaker Aamer, the last UK citizen detained there, was finally...