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Eyal Benvenisti and George W. Downs, Between Fragmentation and Democracy: The Role of National and International Courts (Cambridge University Press, 2017)
Abstract Eyal Benvenisti and George W. Downs analyze in their important book the phenomenon of the fragmentation of international law, its causes, and its implications. They point to the dangers posed by the existence of competing powers in the global arena and examine how national and international courts can reduce these dangers. This book review…
Ex Aequo Et Bono The Uses of the Road Never Taken
Abstract The International Court of Justice (ICJ) can decide cases either according to the sources of international law (the law route) or—if the parties so choose—according to justice, “ex aequo et bono” (the justice route). The ICJ has never issued a judgment in the justice route, which indicates that no pair of parties simultaneously agreed…
The Three Traditional Approaches to Treaty Interpretation: A Current Application to the European Court of Human Rights
Abstract The Vienna Convention on the Law of Treaties sets the rules of treaty interpretation in articles 31-33. Yet these rules are quite vague, and they leave a lot of room for judicial discretion. The European Court of Human Rights (ECHR) has developed its own version of these rules of interpretation — a version that…
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Shai Dothan 