Recent challenges to public health regulation such as Indonesia’s challenge to the United States’ tobacco flavouring ban in the World Trade Organization (‘WTO’), and the WTO and investment treaty challenges to Australia’s plain tobacco packaging scheme, have raised common … [Read more...]

Abstract In this largely instrumental thought experiment I make the case for exploring the potential of Article 259 TFEU, allowing for direct actions brought by the Member States of the European Union against other Member States in the context of the enforcement of the Rule of … [Read more...]

In federal states, constitutional identity is the glue that holds together the Union. On the contrary, in the European Union – not a fully-fledged federation yet – each Member state has its own constitutional identity. On the one hand, the Union may benefit from the particular … [Read more...]

This paper traces the evolution of Palestinian Arab proto-self-determination and “peoplehood” during the Mandate for Palestine. In doing so, it seeks to clarify what are two of the most controversial and emotive concepts in international legal discourse and popular imagination … [Read more...]

Justifications and excuses have developed in various legal systems as defences for wrongful acts. In international law, defences appear in the ILC Articles on State Responsibility, but they conflate justifications and excuses. This article argues in favour of a systematic … [Read more...]