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Lauren Benton

defence of historical inquiry to minor corrections of the characterization by critics of historical methodologies. Fortunately, most scholars have simply ignored the debate and have continued with research on the history of international law, producing a veritable boom of innovative scholarship on topics

Obiora Chinedu Okafor

© Koninklijke Brill NV, Leiden, 2008 DOI: 10.1163/187197308X366614 International Community Law Review 10 (2008) 371–378 I NTERNATIONAL C OMMUNITY L AW R EVIEW Critical Th ird World Approaches to International Law (TWAIL): Th eory, Methodology, or Both? Obiora Chinedu Okafor

Constitutional Comparison

Japan, Germany, Canada and South Africa as Constitutional States

François Venter

In our globalized era it has become impossible to deal effectively with constitutional law and related subjects such as fundamental rights, administrative law and political science without knowledge of foreign systems. A wealth of literature is available on practically all constitutional systems and the intricacies of their application. This, however, presents the constitutionalist with a formidable problem: Which foreign systems should I explore in order to make relevant comparisons, and how should I go about it? This book addresses the core problems of comparability and appropriate comparative methodology in the realm of contemporary constitutionalism.
The outcome is, however, not mere theorizing. Most of the text is devoted to an incisive application of the chosen comparative method to four geographically, historically, and culturally divergent, but thoroughly comparable, constitutional systems. In the course of the comparative exercise, contemporary constitutional dogma and constitutional mechanics are analyzed and explained, in many instances in their historical contexts, making the book itself a useful source of comparative and historical information.


Edited by Benedetto Conforti, Luigi Ferrari Bravo, Francesco Francioni, Natalino Ronzitti, Giorgio Sacerdoti and Riccardo Pavoni

The mission of The Italian Yearbook of International Law is to make accessible to the English speaking public the Italian contribution to the practice and literature of international law. Volume XIX (2009) features a series of contributions arising from a Symposium on “International Law in Italian Courts: Ten Years of Jurisprudence” held in April 2010 at the European University Institute. Following a general article on the substantive and methodological issues arising from the Italian jurisprudence relating to international law in the past decade, this section focuses on four specific areas of jurisprudential development which have attracted widespread interest as well as criticism. These areas are: i) jurisdictional immunities of foreign States and international organizations; ii) international terrorism; iii) treatment of migrants; iv) execution of human rights obligations flowing from the ECHR. Each of these is dealt with by way of a general article followed by comments from leading scholars in the respective fields (e.g. Reinisch, Nollkaemper, Scheinin). The general coordination of the Symposium has been ensured by Riccardo Pavoni.
The doctrinal section of the volume is complemented by a variety of notes covering such significant topics as reparations for wartime damage, the legal basis of Security Council Chapter VII resolutions, and the status of military sunken vessels. Surveys on the activities of the ICJ, the ITLOS, the ECtHR, ICSID, and international criminal courts and tribunals occupy the rest of this section.
The second section of the volume covers the Italian practice in the areas of i) judicial decisions; ii) diplomatic and parliamentary practice; iii) treaty practice; and iv) national legislation. The third section contains a systematic bibliographical index of Italian literature in the field of international law and reviews of recent books. The volume ends with an analytical index for ready consultation which includes the main judicial cases and legal instruments cited throughout the Yearbook.


René Urueña

International legal scholarship has traditionally celebrated the possibility of individuals being considered as subjects of international law. This book challenges that narrative, and reveals hidden patterns in the way we think about legal subjects in global governance. Building on the notion of a risk society, this book argues that international law creates fragmented subjectivities, whose conflicting identities help perpetuate a certain global loss of sense that is characteristic of our times. An innovative contribution that draws on a wealth of international legal materials (including human rights, EU law, international economic law, and international organizations), this book is useful to those with an interest in international legal theory, new approaches to international law, global constitutionalism, and global administrative law.


Ernst Ulrich Petersmann

treaties establishing international organizations for an unlimited time, like gatt Article xxiii :1(b) on ‘non-violation complaints’). Will the heralded dawn of an ‘Asian 21st century’ prompt the ‘invisible college of international lawyers’ to adopt different conceptions and methodologies of iel and

Edited by Enzo Cannizzaro and Paolo Palchetti

This book comes out at a time of grave uncertainty about the content and the very existence of international legal restraints on the use of force, in the international community as well as among legal scholars. The time is therefore ripe for an in-depth analysis on the methodological issues which constitute the basic bricks on which the legal discourse about the state of the law must be built. By offering the result of an open and frank discussion about the methodology of determining the law on the use of force "at a time of perplexity", this timely book constitutes an invaluable contribution to legal analysis.