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Abstract by the authors: The title of this book gives an excellent indication of what is required when using the ‘rules’ in Articles 31–33 of the 1969 Vienna Convention on the Law of Treaties (VCLT) for treaty interpretation.1 The International Law Commission (ILC), in drawing up these rules, for generally good reasons tended to pare down the content of the principles as drafting progressed, on the basis that points omitted from the drafts were implicit in the text that was retained. This decision, however, has left the rules themselves open to the need for interpretation, and the proliferation of cases citing them justifies attempts to detect coherence.
Abstract by the author: Applies the rules of treaty interpretation provided by the Vienna Convention on the Law of Treaties 1969 art.31 to assess whether an international prosecution by a regional or sub-regional tribunal may constitute a prosecution by a state meeting the conditions of the complementarity principle under the Rome Statute of the International Criminal Court 1998 art.17(1)(a).
Abstract by the author: As international law is widening in regulatory scope and intensity, it arguably suffers from a legitimacy deficit. This article conceives of this deficit as a deficit in possibilities to politicize, criticize, and contest international law-making proposals in the way a loyal opposition does in a domestic constitutional context: through the representation of relevant societal interests, the voicing of critique, and the safeguarding of alternative proposals for the future. The author of this article tries to bring together the current debate in political theory on the value of legitimate disagreement and dissent in political institutions and the ongoing discussion on the legitimacy of international law. Therefore, a concept of an institutionalized opposition for international law-making processes is developed, referencing authors such as Hannah Arendt and Claude Lefort.
Abstract by the author: This article discusses the data embassy, a new international legal concept created in response to a pressing problem. In 2007, Estonia fell victim to "distributed denial-of-service attacks' and consequently, made Estonia's entire public sector data communications network inoperable. Their response was to strengthen their protection against and penalization for cybercrime, and to develop the concept of a "data embassy'. On 20 June 2017 the Republic of Estonia and the Grand Duchy of Luxembourg signed an "Agreement on the hosting of data and information systems', to host Estonian data in Luxembourg. Such data embassies perform a unique function and benefit from many privileges and immunities, but their legal status has been unclear. This article addresses the question concerning the legal status of the premises of the data embassy.
Abstract by the authors: Considers the type of legal dispute that may result if the EU and UK fail to agree on financial matters, including those concerning EU investment projects. Discusses the jurisdictional issues that may arise, the bodies with standing to bring a financial claim against the UK, other potential fora for dispute settlement such as the International Court of Justice, and whether UK international obligations under EU treaties will survive Brexit.
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