The theoretical discussions in the book are written for academic audiences including advanced undergraduates, masters and doctoral students, and law students. The New Terrain of International Law also includes eighteen compelling qualitative case studies of international adjudication in action. These case studies, which are appropriate for undergraduates at all levels, focus on how the existence of an international court does or does not help to resolve an important legal issue or case.
Available for download are two sample case studies:
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the Bahrain v. Qatar territorial dispute |
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the dispute between the United States and Europe over American subsidies for exports |
The book includes the following case studies.
Economic law
Andean Tribunal of Justice- Intellectual property
Dispute over Belmont trademark use in Colombia and Ecuador (ATJ case study 6.2, administrative review) The Andean Tribunal fills in legal lacunae and coordinates transnational administrative decision–making regarding the trademark "Belmont."
Dispute over patents in Peru "Second Use Patent"- (ATJ case study 7.2, enforcement) Andean Tribunal’s review of Peru’s policy granting patents for new medical uses leads to a tacit nullification of a Peruvian decree that authorized second use patents.
Peru exemptions case – derogations from free trade provisions in Peru (ATJ case study 8.1, constitutional review of international acts) ATJ invalidates a collective Andean executive decision exempting Peru from Andean Free Trade Area requirements.
Colombian alcohol–related practices case– Non–tariff barriers to trade in Colombia and tariff barriers in Ecuador (ATJ case study 8.4, constitutional review of state acts) ATJ finds Colombian alcohol policies to violate Andean free trade rules and Ecuadorian retaliation to be illegal. Ecuador complies, but Colombia does not.
Court of Justice of the European Union- Antitrust in Europe
"Microsoft"– (ECJ case study 6.1, administrative review) The European Commission fines US company Microsoft for uncompetitive practices, and forces the company to unbundle software and divulge information to European software producers.
"GE/Honeywell merger"– (ECJ case study 6.1, administrative review) The European Commission bars the merger of two American companies.
North American Free Trade Agreement and World Trade Organization
Antidumping dispute involving the United States and Canada, the "Softwood lumber dispute" (NAFTA, WTO Case Study 6.2) NAFTA bi–national review and WTO review of national determinations of dumping and countervailing duties with respect to US levies on Canadian softwood lumber. The dispute is resolved through partial compliance and a political deal.
International Center for the Settlement of Investor Disputes and North American Free Trade Agreement Chapter 20
Investment Dispute involving an American firm and Mexico, "Metalclad" (ICSID and NAFTA–Case study 6.4) Investor dispute settlement system to compensate for an indirect Mexican administrative taking of the property of an American foreign investment.
World Trade Organization
Subsidies in the United States, "Foreign Sales Corporation (WTO case study 7.1) WTO review of the United States special tax treatment for goods exported abroad leads to a change in US tax law.
Organization for the Harmonization of Business Law in Africa
Commercial law in francophone Africa (OHADA case study 5.4). Case discussions the decision and impact of creating a supranational appellate body for public and private cases involving OHADA "Uniform Acts." The OHADA court hears many cases, and the discussion offers suggestive evidence of a limited impact of this new body.
Human rights law
Economic Community of West African States
Modern day slavery and family law practices in Niger (ECOWAS case study 7.3, enforcement). ECOWAS court finds that Niger’s government has not done enough to remedy enslavement via family law, and Niger immediately complies with the ruling.
Court of Justice of the European Union
Due process rights in the European Union (Kadi) (ECJ case study 8.2, constitutional review of international acts). ECJ invalidates a Council regulation implementing an act of the UN Security Council and a Commission action implementing a UN Sanctions Committee decision. Aftermath of decision leads to an annulment of the decision to seize Kadi’s assets and a change in UN practices.
Women in combat support roles case– Gender equity in Germany (ECJ case study 8.3, constitutional review of state acts). ECJ rejects a German constitutional provision that bars women from combat support roles, provoking a revision of the German constitution.
Inter-American Court of Human Rights
Indigenous land rights (IACtHR case study 8.5) IACtHR creates a positive obligation for Nicaragua to demarcate land rights for the Awas Tigni, and Nicaragua complies in full.
War crimes
Special Court of Sierra Leone
Charles Taylor’s indictment and arrest for crimes in Sierra Leone (SCSL case study 7.4, enforcement) Indictment, arrest and conviction of Charles Taylor, President of Liberia, for crimes committed in a neighboring country.
International Criminal Tribunal for Rwanda
"Rape as a war crime" in Rwanda (ICTR case study 8.6, constitutional review of state and international acts). ICTR creates command responsibility to stop sexual violence.
Inter-State Dispute Settlement
International Court of Justice
Bahrain v. Qatar Territorial dispute (ICJ case study 5.1, dispute settlement) The International Court of Justice resolves a territorial dispute, drawing the boundary between Bahrain and Qatar and thereby facilitating the regional economic development.
US v. Iran, and Iran v. US (Mass Claims Tribunal, case study 5.2, dispute settlement). The ability of an ad hoc mass claims tribunal to resolve disputes involving the US and Iran is juxtaposed to the ICJ’s failure to resolve disputes between the US and Iran over Iran’s seizing of the US embassy and the US bombing of Iranian oil platforms.
International Tribunal of the Law of the Sea
Japan v. Russia– seizing of vessels (ITLOS case study 5.2, dispute settlement). International Tribunal of the Law of the Sea assures fair treatment of Japanese vessels seized for illegal actions in Russian waters (Tomimaru & Hoshinmaru cases). Meanwhile the territorial dispute between Japan and Russia persists.
Mass Claims Dispute Settlement
Iran–US Mass Claims Tribunal–seizing of assets (Mass Claims Tribunal, case study 5.2, dispute settlement) An ad hoc Iran–US mass claims tribunal adjudicates public and private disputes arising from the Iranian revolution. The success of this body is juxtaposed to the ICJ’s simultaneous inability to resolve disputes over Iran’s seizing of the US embassy and the US bombing of Iranian oil platforms.