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In this Issue

Published on November 6, 2015        Author: 

This issue opens with a brace of articles on topics relating to the treatment of alternative dispute resolution in international institutional settings, albeit from quite different perspectives. Jaime Tijmes introduces the possibility of using final offer arbitration to settle disputes in the World Trade Organization, and explores how it might best be introduced. In contrast, Lorna McGregor uses the jurisprudence of the European Court of Human Rights to consider the kinds of tests that supranational bodies should and do use to determine the compatibility of a particular dispute resolution process with the right of access to justice.

In Roaming Charges, we feature a photograph by Janet McKnight of Places of Impasse: Scars on Beirut Structures That Refuse to Fall. We encourage our readers to submit photographs for publication to ejil {at} eui(.)eu.

The issue continues with two entries under our regular rubric, EJIL: Debate!. In the first, Catharine Titi argues that the European Union is in the process of introducing a new model of investment treaty that is ‘set to change the face of international investment law as we know it’, while in his Reply Martins Paparinskis introduces a note of caution regarding methodology, as well as a note of scepticism regarding Titi’s conclusions. The second EJIL: Debate! in this issue opens with an article by Devon Whittle, which applies Oren Gross’ ‘extra-legal measures model’ to conceptualize the UN Security Council’s Chapter VII powers as a form of emergency powers. In his Reply, Gross expands upon Whittle’s proposal to consider the application of the same model to another issue in international relations, namely unilateral humanitarian intervention. We invite comment on both debates on our blog, EJIL: Talk!

We close the articles section of this issue with two Critical Reviews of International Jurisprudence. Sookyeon Huh examines two judgments of the International Court of Justice from the perspective of the law of territory in a postcolonial context; her article is yet another output of the Junior Faculty Forum for International Law, having first been presented at the second Forum, held at the University of Nottingham in May 2013. Finally, Mikko Rajavuori uses the notion of ‘public shareholder’, as used by the European Court of Human Rights in Heinisch v. Germany (2011), to examine how states should govern the human rights performance of state-owned corporations.

The Last Page in this issue presents a poem by Laura Coyne entitled Her Whorl, which was written to celebrate the launch of The Women’s Worldwide Web.

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