Theory of International Law

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The Tension between International Law as ‘Law’ and International Governance: A Comment on the EJIL Debate between Mónica García-Salmones and Andrew Lang and Rosie Cooney

Dr Caroline Foster is a Senior Lecturer in Law at the University of Auckland, New Zealand and was a diplomat and legal adviser at the New Zealand Ministry of Foreign Affairs and Trade. She has a special interest in the nexus between trade, human rights and the environment and she has published several articles on the WTO Agreement on Sanitary and Phyto-Sanitary Measures. She is currently working on a monograph to be published by Cambridge University Press on Science, Proof and Precaution in International Courts and Tribunals.  The book focusses on expert evidence, burden of proof and finality of adjudication in international disputes involving science.    My thanks to Dapo Akande for the invitation to submit this comment and to the respective authors for their papers. Cooney and Lang adopt a broad ambition: a development in the multilateral trade system and its institutional mechanisms towards "adaptive governance".  García-Salmones sets out to prompt further exploration of the major implications of such a reform in "governance", including the development dimension.   Reading…

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Taking Uncertainty Seriously: Adaptive Governance and International Trade:A Rejoinder to Mónica García-Salmones

Andrew Lang and Rosie Cooney respond to Mónica García-Salmones' comments on their article "Taking Uncertainty Seriously: Adaptive Governance and International Trade" published in (2007) 18 EJIL 523. A version of this response, with footnotes and full references can be found in (2009) 20 EJIL (see…

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Taking Uncertainty Seriously: Adaptive Governance and International Trade: A Reply

Mónica García-Salmones is an LLD student and Research Fellow at the Erik Castrén Institute for International Law and Human Rights at the University of Helsinki, Finland. The post below introduces and summarises her recent article in the EJIL, the full text of which is available at the EJIL website (see here)…

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