EJIL Article Discussion

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EJIL:The Podcast! Episode 17 – “What’s wrong with the international law on jurisdiction?”

October 6, 2022

What conduct occurring where are states allowed to regulate? The international law on jurisdiction provides part of the answer. But international lawyers use different images when conceptualising the geographical reach of states' jurisdiction to prescribe their laws. In this podcast, the two contenders in a debate in issue 33(2) of the European Journal of International Law engage with each other’s images and their ensuing conclusions as to the international law of jurisdiction. Nico Krisch posits that the traditional image is inappropriate, that in practice jurisdiction - at least when it relates to global markets - has come "unbound" and that this unbound jurisdiction has allowed economically powerful states to exercise global governance in a hierarchical fashion, triggering fresh demands for public accountability. Roger O’Keefe replies that this supposedly traditional image was never his understanding, argues that…

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Jurisdictional Hierarchies between Form and Fact: A Rejoinder to Roger O’Keefe

October 3, 2022

To what extent is the law of jurisdiction implicated in (hierarchical) structures of global governance? My article, ‘Jurisdiction Unbound: (Extra)territorial Regulation as Global Governance‘, pursues this question and traces how the current law of jurisdiction, quite in contrast with the often territorial, sovereignty-based imagery surrounding it, is highly permissive, especially when it comes to extraterritorial business regulation.

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A critical reaction to Joost Pauwelyn and Krzysztof Pelc’s “The WTO Secretariat’s ‘Open Secret’: Unpacking the Controversy”

September 5, 2022

In their EJIL:Talk! posts of August 18  and 19, in which they respond to a Reply by Armin Steinbach, Joost Pauwelyn and Krzystof Pelc heavily criticized the role of the WTO Secretariat in supporting the WTO panels. In their opinion, which is based on previous research by them published in a recent issue of…

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ISDS reform and air guitar: A response to Grant and Kieff

July 19, 2022

In issue 2020(2) of EJIL, we published an empirical study concerning the public perception of investment arbitration. Our article presents the results of four experiments that we conducted to assess which factors mostly affect the public acceptance of investor-State dispute resolution outcomes. In our study we tested a number of possible factors that influence public…

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Implementing Decisions of International Human Rights Institutions – Evidence from the United Nations Human Rights Committee: A Rejoinder to Ullmann and von Staden

September 28, 2020

Evaluating the effectiveness of institutions is a hard mission, and it causes numerous theoretical and methodological difficulties. This is especially true for evaluating the effectiveness of quasi-judicial institutions such as the United Nations Human Rights Committee (‘HRC’), as my 2019 EJIL article attempted to do. Therefore, first I would like to thank Andreas J. Ullmann and…

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