Judge Buergenthal argues that the increased acceptance by states of international human rights obligations proclaimed in UN and regional treaties, reinforced by the jurisprudence of international and regional tribunals, accounts for the substantial progress that has been made in the protection of human rights throughout the world. The resultant political significance of international human rights law and the international community's growing expectation of compliance with that law explain why states engaging in large-scale human rights violations increasingly risk serious political and economic consequences for such practices. A state's continuing non-compliance with its international human rights obligations tends also to lead to the gradual loss by its government of the national and international legitimacy it needs in order to govern, which may in time contribute to its fall.

Hans Kelsen is known both as a legal theorist and as an international lawyer. This article shows that his theory of international law is an integral part of the Kelsenian Pure Theory of Law. Two areas of international law are analysed: first, Kelsen's coercive order paradigm and its relationship to the bellum iustum doctrine; second, the Kelsenian notion of the unity of all law vis-à-vis theories of the relationship of international and municipal law. In a second step, the results of Kelsenian general legal theory of the late period – as interpreted and developed by the present author – are reapplied to selected doctrines of international law. Thus is the coercive order paradigm resolved, the unity of law dissolved, and the UN Charter reinterpreted to show that the concretization of norms as positive international law cannot be unmade by a scholarship usurping the right to make law.

The future of international law is uncertain. The long-hoped-for revitalization of international law and its institutional structures following the end of the Cold War now seems at risk from an increasing deformalization of, and neo-liberal disregard for, international law. Meanwhile European international lawyers are responding by reasserting a Kantian project for a global constitution under an international rule of law. In this article I attempt to position these recent claims that the international legal order is undergoing a process of constitutional transformation in the context of a long-standing connection, since at least the post-revolutionary nineteenth century, between the idea of a positive international law and the emerging structures of the European constitutional nation-state. If one can trace a cosmopolitan or constitutional project to the influence of domestic public law from this time, one can also trace the inherent tension between international law's promise of a substantive ‘good life’, or sense of justice, and its purported legitimacy in a commitment to a voluntarist, or contractarian, form of obligation. These simultaneous commitments seem incompatible, but are inseparable from international law's embedded liberalism, which requires interplay between them to make sense of progress in the absence of any explicit underlying philosophy. In tracing similarities in concerns from the nineteenth century to the twenty-first, as well as repetitions in legal arguments, I suggest that the alternatives of American empire and a (European) vision of global constitutionalism are merely necessary oppositions, reflecting this broader tension underlying the discipline. Because lawyers avoid clarity on what is taken for granted in a leap from (selective) empirical realism towards assertive normative ambition, I argue that it is a mainstream, liberal-juridical consciousness – rather than any explicit legal theory – which continues to sustain shared assumptions about international law's past, as well as a promise of a future liberal world order. The apparently opposing visions of future world order are merely different sides of the same coin: each reflecting back, but each ultimately sustained by the other.

Collectives and their interrelations are central to international law. Legal relations between collectives can be analysed with reference to the classic account of Hohfeld without reducing those collectives to mere aggregates of individuals and without recourse to the legal fiction of treating the collective, for example the state, as a quasi-individual. The rights of collectives have been widely if not conclusively explored within international law, but Hohfeld's ‘field’ approach to legal relations enables the scrutiny of the range of relations, including immunities, liberties, powers, and disabilities, as well as claim-rights and the corresponding obligations in others. The main substantive topics for discussion are the legal relations of collective entities such as peoples and minorities, and closely related matters such as self-determination. Applying Hohfeldian analysis to international law highlights the centrality of international collective entities of which the state represents only one variety. The approach described here therefore takes account of the dethroning of the state within contemporary international law and contributes to the theorization of that development. Nearly one hundred years after its first appearance, Hohfeld's analytic scheme continues to generate insights for international law.

This article comments on Jörn Griebel and Milan Plücken's recent analysis in the Leiden Journal of International Law of the approach of the International Court of Justice to state responsibility in its judgment in the Genocide (Bosnia v. Serbia) case. The article also provides more general remarks on the law of state responsibility as it pertains to acts of non-state actors. In that regard, it discusses attribution based on de facto organ status and attribution based on direction and control, as well as whether, as a matter of policy, the law of state responsibility meets the needs of the modern world.

Article 8(2)(b)(iv), second alternative, of the Statute of the International Criminal Court lists as a war crime the launching of an attack that may cause excessive damage to the natural environment. The incorporation of this offence into the ICC Statute appears to be a great achievement, as it is the first time that such conduct has expressly been declared to entail individual criminal responsibility under an international treaty. It is, however, submitted that Article 8(2)(b)(iv), second alternative, of the ICC Statute, suffers from a serious lack of definition. In addition, the provision depends on an extremely high damage threshold which further complicates its application in practice.

This article examines the existence, nature, and content of the non-intervention principle in contemporary international law, concentrating on the application of the principle to areas other than the use of force. It looks at the historical development of the principle and the sources and evidence of the law, in particular resolutions of the UN General Assembly, the decisions of the International Court of Justice, and the practice of states. The article then considers some specific treaty-based applications of the principle, and explores how far the principle may apply to non-treaty, non-forcible situations. It next considers a number of circumstances that may preclude the wrongfulness of intervention (Security Council authorization, consent, and countermeasures), before drawing some tentative conclusions.

The first Telders Competition was organized in 1977 on the occasion of the thirtieth anniversary of the founding of the Telders International Law Students Debating Society. Due to its success the Competition has been held annually ever since at the Peace Palace in The Hague. Nowadays it is considered to be the most prestigious and important international moot court in Europe. Teams from over forty European universities compete in national rounds, with the successful teams participating in the international rounds held in April in The Hague.

This case concerns a claim for damages by the State of Rosmarus following an accidental explosion and leak at an offshore oil rig operated by the State of Urusus and the seizure of an Urusus-flagged fishing vessel by the State of Rosmarus. It involves issues of public international law, including the law of the sea, the law of treaties, and international environmental law.

Globalization, as evidenced in increased trade, economic development, and the emergence of new global powers, has meant that the world economy has undergone significant changes over the past two decades. The World Trade Organization (WTO) is more than a potent representation of these developments, it is often seen, along with its predecessor, the General Agreement on Tariffs and Trade (GATT), as having enabled the process of globalization. However, there are profound concerns about what lies ahead in an increasingly complex economic and regulatory setting, in particular for developing countries (DCs).