International Law in Domestic Courts in an Era of Populism
This article examines the manner in which the rise of populism affects the use of international law by domestic courts. It argues that populism may have a negative effect on the willingness of domestic courts to refer to international law. It further argues that although such response is understandable, it is regrettable, since incorporation of...
Reflecting Modern Realities: From Implied Powers to Implied Obligations
The General rules of interpretation contained in Article 31 of the Vienna Convention on the Law of Treaties do not only apply to treaties; they also apply to the constitutions of International Organizations. This paper argues that a textual application of the VCLT that interprets an IO‘s constitution “in good faith in accordance with the...
Securing the European Space through Technocratic Borders: What Role for International Responsibility?
Border controls have been described as the last bastion of sovereignty. The emerging European integrated border management (IBM) challenges this assumption. The hallmark of the IBM is its technocratic and depoliticised logic. Various state and non-state actors cooperate in a complex dynamic of securization. In addition, technological advancements are contributing to change the traditional practices...