Two Weeks in Review, 18 July – 31 July

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 and  discuss Thomas D. Grant and F. Scott Kieff response to their study. The study concerns the public perception of investment arbitration and presents the results of four experiments conducted to assess which factors mostly affect the public acceptance of investor-State dispute resolution outcomes. Grant and Keiff’s response rekindles the EJIL debate on the “experimental turn” in international law scholarship. 

Read their full analysis here.

presents his draft article co-authored by Sandy Sivakumaran, posted on SSRN. The two assess the Authority of the ICRC Customary IHL Study. In making this assessment, they focus on patterns of citations to the Study, especially by international and domestic courts. The draft abstract reads:

 ‘Our analysis establishes that the Study is increasingly seen as a highly authoritative instrument, such that a particular proposition will be found to reflect customary international law simply on the basis that the Study says so. In the absence of any concerted pushback, particularly by States – and no such pushback appears to be evident today, even if initially that was not the case and there remains some discontent – the Study’s authority will only increase over time, if nothing else then through repetition and force of habit.’

Read the post here

explores the membership terms of the International Criminal Police Organization – INTERPOL. He asserts that: 

‘properly understood, the members of INTERPOL are countries and membership of INTERPOL is not (and should not be) dependent on statehood. Members of INTERPOL should put this beyond doubt by exercising their right to request that membership of INTERPOL be added to the agenda for the General Assembly’s 90th ordinary session and then rectifying the wrong turn taken in GA-2017-86-RES-01.’

Read the post here.

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