Black Lies, White Lies and Some Uncomfortable Truths in and of the International Trading System

Black Lies, White Lies and Some Uncomfortable Truths in and of the International Trading System

By Joseph Weiler.

The international trading system is not just about trade in which the only calculus of its worth and importance can be measured in the growth (or otherwise) of aggregate welfare, economically speaking. Since trade, in goods and services, is the principal modality of transnational intercourse, the international trading system and the legal system which undergirds it, reflects and constitutes the concomitant principal modus operandi of peacetime international relations. It is based on a respect for multilateralism and the rule of (international) law. That modus operandi radiates into other spheres of international cooperation, contributing ultimately to stability and peace. […]

Culture Clash: A Comparative Law Perspective on the United States’ Frustrations with the WTO Dispute Settlement Body

Culture Clash: A Comparative Law Perspective on the United States’ Frustrations with the WTO Dispute Settlement Body

By Brian Soiset.

The Trump administration’s critiques of the global trading system in many ways mark a break with decades of the United States’ trade policy, which had encouraged trade liberalization and the development of rules-based institutions.  In one respect, however, its policies have been more a continuation (albeit escalation): critiquing the World Trade Organization’s Dispute Settlement Body.  The DSB acts as the WTO’s judicial body, ruling on disputes between members that arise under WTO agreements.  The DSB is similar to a court system, with mechanisms ranging from arbitration to more formalized hearings and appeals.  Because the WTO can authorize retaliation against members who do not comply with decisions of the DSB, its decisions are regarded as binding. […]

How Angela Merkel Leads With Her Moral Compass

How Angela Merkel Leads With Her Moral Compass

By Jose M. de Areilza.

Angela Merkel, the most powerful woman in the world, is preparing her exit from politics, faithful to the principles that have inspired her for 30 years: realism, caution, flexibility, sobriety, as well as a profound knowledge of the issues at hand and a deep moral commitment to human dignity. The chancellor ends a long trajectory of public service in order to facilitate the renewal of Germany’s Christian Democratic Union. […]

A Nobel Prize is Not Enough

A Nobel Prize is Not Enough

By Layla Abi-Falah.

On October 5, 2018 the Norwegian Nobel Committee awarded Dr. Denis Mukwege and Nadia Murad the Nobel Peace Prize for their dedication to the end of mass wartime rape as a weapon of armed conflict. In the midst of devastating, never-ending conflicts in the Congo and Iraq, Dr. Mukwege’s work with Panzi Hospital has led to the treatment of thousands of rape survivors and Murad’s rejection of social responses to rape by speaking openly of her rape and abuse under Islamic State (IS) captivity has brought greater visibility to the systematic use of rape by IS militants throughout the Middle East. […]

Why Referendums on Human Rights are a Bad Idea: Reflecting on Romania’s Failed Referendum on the Traditional Family from the Perspective of Comparative Law

Why Referendums on Human Rights are a Bad Idea: Reflecting on Romania’s Failed Referendum on the Traditional Family from the Perspective of Comparative Law

By Elena Brodeala.

In a recent blog post, I argued, based on the recent failed referendum on the traditional family in Romania, that human rights should not be subject to a popular vote. Similar arguments have been made by commentators observing other countries, such as Australia and Ireland, that have also put the question of same-sex marriage to a popular vote. A broader discussion on the use of referendums on human rights is needed. In this blog post, by putting the Romanian example in conversation with comparative law material, I want to bring into discussion further arguments on why referendums on human rights are a bad idea. […]

UNESCO’s Ricardo de Guimarães Pinto keynote speech at William & Mary Law School’s Cultural Heritage Symposium

UNESCO’s Ricardo de Guimarães Pinto keynote speech at William & Mary Law School’s Cultural Heritage Symposium

By Ricardo de Guimarães Pinto.

“On behalf of UNESCO, the United Nations Educational, Scientific, and Cultural Organization, it is really a great honor for me to be with you today at William & Mary Law School. As we all know, William & Mary was the first law school in the United States and was the brainchild of President Thomas Jefferson. Given your rich history, I particularly appreciate your commitment to UNESCO’s cultural work: to protect the heritage of humanity so that each of us – regardless of age, gender, nationality or income – can enjoy, benefit and learn from the legacy of the past.” […]

A Three-year-old Cannot Represent Herself in Court: The Need to Appoint Counsel to Children in Removal Proceedings

A Three-year-old Cannot Represent Herself in Court: The Need to Appoint Counsel to Children in Removal Proceedings

 By Jennifer Quezada Castillo.

Immigration proceedings are far from being simple and easily understood procedures. The court in Castro-O’Ryan v. INS recognized the complexity of our immigration laws by holding that “‘immigration laws [are] second only to the Internal Revenue Code in complexity.’” If courts have recognized the intricacy of our immigration laws, it’s difficult to comprehend why we would require a child to make sense of this complex system without the assistance of an expert in the field. We shouldn’t. However, our laws do not reflect this simple and logical answer. […]

Populism and Constitutionalism in East-Central Europe

Populism and Constitutionalism in East-Central Europe

By Gábor Halmai.

The recent deviations from the shared values of constitutionalism towards a kind of “populist, illiberal constitutionalism” in East-Central Europe raise the theoretical questions: are populism and illiberalism what the leaders of these backsliding states proud of, reconcilable with constitutionalism? I shall concentrate on a particular version of populism, which is nationalist and illiberal, and mainly present in Hungary and Poland, and in other countries of the region. Most are also members of the European Union, a valued community based on liberal democratic constitutionalism.  The arguments set forth below about East-Central European populist constitutionalism in this paper do not necessarily apply to other parts of Europe (Greece and Spain), Latin-America (Bolivia), or the US, where populism has a different character, and its relationship to constitutionalism is distinct from the Hungarian or the Polish variant. […]

Catalonia’s Independence: Much Worse than Hard Brexit

Catalonia’s Independence: Much Worse than Hard Brexit

By Jose M. de Areilza.

Any decision to leave the European Union carries enormous costs, as witnessed during the current difficult Brexit negotiations. In the United Kingdom, more than a year after the referendum, EU skeptics within both the Conservative and Labor parties have lost the battle against those in favor of maintaining the closest possible ties with the European Union. In time, I believe that many British citizens will demand a second referendum on EU membership out of a desire to avoid exit, right up to the final moments of negotiations next March. […]