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In This Issue

The article section of this issue opens with a contribution by Maria Laura Marceddu and Pietro Ortolani, who pose the question: What is wrong with investment arbitration? That there is something wrong with investment arbitration is now well-rehearsed; less well understood is what explains the public aversion. Marceddu and Ortolani offer an empirically grounded answer. Also utilizing experimental methods, Daniel Statman, Raanan Sulitzeanu-Kenan, Micha Mandel, Michael Skerker and Steven De Wijze shift the focus to international humanitarian law and scrutinize the reliance on the proportionality principle in bello. While they find that military and academic experts have a sensibility towards this principle and a thorough, abstract understanding of it, this by no means ensures a reliable protection qua this fundamental principle due to insufficient inter-expert judgment convergence. Jasenka Ferizović closes this section with her analysis of the ‘dark side’ of women in warfare. While women’s role as victims or their positive impact as peace activists or healthcare providers has received much attention, Ferizović sheds light on female perpetrators of war crimes.

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New Issue of EJIL (Vol. 31 (2020) No. 2) Out This Week

The latest issue of the European Journal of International Law will be published this week. Over the coming days, we will have a series of editorial posts by Joseph Weiler and Sarah Nouwen, Editors-in-Chief of EJIL. These posts will appear in the Editorial of the new issue.  Here is the Table of Contents for this new…

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In Memoriam Luzius Wildhaber

Luzius Wildhaber played an extraordinary role in scholarship, academic engagement and the practice of international law. He was a global citizen, having studied in Switzerland, the UK, Germany and receiving his LLM and his doctorate from Yale Law School. He gave talks and taught in all parts of the world. He received 13 doctorates honoris causa, a lot…

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Luzius Wildhaber (1937-2020), President of the European Court of Human Rights: A Tribute

Luzius Wildhaber, who died on 21 July 2020, occupies a unique place in the history of the system of protection of human rights set up by the European Convention on Human Rights (“the Convention”). Elected to the European Court of Human Rights (“the Court”) in 1991, he served for the last years of the Court as set up…

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International Organizations as Creators of International Law: A Good Thing? A Reply to Jan Klabbers

It has long been accepted that international organizations have rights and duties under international law. They can enter into treaties, incur international responsibility, and pursue claims against member and non-member states for violations of international law. Whether and when international organizations also play a direct role in the creation of customary international law is a question that, until…

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