Oxford University Press's
Academic Insights for the Thinking World
By Peter T. Leeson
Government is conventionally considered the source of citizens’ property security. And in the contemporary developed world, at least, often it is. In the historical world, however, often it was not. In eras bygone, in societies across the globe, governments didn’t exist—or weren’t strong enough to provide effective governance.
By Malgosia Fitzmaurice
After four years of anticipation the International Court of Justice delivered a Judgment in the whaling case. The Judgment raises many issues of ecological nature. It also analyses and interprets the provisions of the 1946 International Convention for the Regulation of Whaling (ICRW) thus enriching the law of treaties.
By John Yoo
Russia’s annexation of the Crimean peninsula and its continuing military pressure on Ukraine demonstrates that the United Nations-centered system of international law has failed. The pressing question is not whether Russia has violated norms against aggression – it has – but how the United States and its allies should respond in a way that will strengthen the international system.
By David Jenkins
On 2 May 2011, as news spread that a US Navy SEAL team had killed Osama bin Laden, Americans across the country erupted in spontaneous celebrations. Cameras showed the world images of jubilant crowds in Washington, DC and at New York City’s Ground Zero, reveling in the long-awaited payback against America’s nemesis.
By Phoebus Athanassiou and Stéphanie Laulhé Shaelou
European Union (EU) enlargement is both a policy and a process describing the expansion of the EU to neighbouring countries. The process of EU enlargement, first with the creation of the European Economic Community and, later, with that of the European Union, has resulted in today’s EU membership of 28 member states.
By Pippa Holloway
Nearly six million Americans are prohibited from voting in the United States today due to felony convictions. Six states stand out: Alabama, Florida, Kentucky, Mississippi, Tennessee, and Virginia. These six states disfranchise seven percent of the total adult population – compared to two and a half percent nationwide. African Americans are particularly affected in these states.
In early April, the American Society of International Law and the International Law Association held a joint conference around the theme “The Effectiveness of International Law.” We may not have been able to do everything on our wishlist, but there are plenty of round-ups to catch up on all the news and events.
By Ben McFarlane
What is the legal strength of a spoken promise? This thorny terrain is one of the major concerns of proprietary estoppel, a branch of land law that governs the rights to land without valid methods of transfer, such as a trust or a will.
By Niels Vandezande
In the last few months, international media have reported extensively on the latest developments in the online economy. These reports have focused mostly on the rise of so-called cryptocurrencies, with bitcoin being the most well-known example. Such cryptocurrencies are characterized by their decentralized nature, meaning that they aren’t controlled by a central government.
Few realise that Brazil was the birthplace of the money market fund. Since their inception money market funds have grown and spread globally. However, they have often eluded a firm definition. In this series of podcasts Viktoria Baklanova, Chief Credit Officer of Acacia Capital (New York), describes the genesis of money market funds, explains what they are, and gives insight to the size of the industry and the major players within it.
By Duncan French and Lavanya Rajamani
As we celebrate Earth Day this year, it is timely to reflect on the international community’s commitment to halting serious environmental harm. The idea that all States have a ‘common interest’ in promoting global environmental responsibility — as evidenced most clearly through their active participation in multilateral environmental agreements — has been a cornerstone of international environmental policy for the last few decades.
By Carsten Stahn, Jennifer S. Easterday, and Jens Iverson
In our previous post, “Jus post bellum and the ethics of peace,” we introduced the concept of jus post bellum, including its history, functions, and varied definitions. Because jus post bellum can operate simultaneously with related but distinguishable concepts, it is important to keep the goals of related concepts clear.
By Christopher Wogan & Ruth Anderson In their new book A Practical Guide to Trade Mark Law, authors Amanda Michaels and Andrew Norris observe that: In the past, products and services would have been purchased over the counter or by a personal transaction, but today purchases may be made in a plethora of ways, many […]
By Carsten Stahn, Jennifer S. Easterday, and Jens Iverson
Whenever there is armed conflict, international lawyers inevitably discuss the legality of the use of armed force and the conduct of the warring parties. Less common is a comprehensive legal analysis, informed by ethics and policy concerns, of the transition from armed conflict to peace.
How can a society balance both the freedom of expression, including the freedom of the press, with the individual’s right to reputation? Defamation law seeks to address precisely this delicate equation.
By Keri Johnston and Marion Heathcote
Intellectual property rights (IPRs) and the regimes of protection and enforcement surrounding them have often been the subject of debate, a debate fuelled in the past year by the increased emphasis on free-trade negotiations and multi-lateral treaties including the now-rejected Anti-Counterfeiting Trade Agreement (ACTA) and its Goliath cousin, the Trans-Pacific Partnership Agreement (TPPA).