This article conducts an analytical review of the works of three prominent Thai comparative law professors: Professor Preedee Kasemsup, Professor Phijaisakdi Horayangkura and Professor Sanunkorn Sotthibandhu. Although influential in Thailand, their works are mostly in Thai and therefore have received little academic attention outside the kingdom. The authors argue that the works of these scholars have the potential to shine new light on comparative law theory and bring voices from the Global South to add fresh perspectives and contexts to a discipline dominated by scholars from the Global North. Moreover, this examination highlights the challenges that comparative law faces in freeing itself from this hegemony when using internally developed concepts and modes of questioning.

The relationship between scholarship and adjudication has attracted considerable attention in recent years, especially in those areas where significant academic expertise has been developed and academic scrutiny of decisions is common. Yet the role of scholars and scholarship in the context of the adjudicatory practices of the European Court of Human Rights (ECtHR) has remained palpably under-investigated. This article begins to fill this gap in the literature by carrying out the first large-scale empirical study of the use of scholarship by the ECtHR. The authors rely on a purpose-built dataset comprising all the citations made by the Grand Chamber of the Court in judgments and separate opinions appended to it. The study finds that the Court's majority uses scholarship for the purposes of reviewing facts and interpreting international and domestic law but does so rarely. The majority of the ECtHR does not use scholarship to interpret the European Convention on Human Rights or for persuasive purposes, unlike the individual Judges in their separate opinions. Indeed, individual Judges refer to scholarship more often, for more varied and arguably different purposes. This use, however, is inconsistent in terms of both frequency and the types of sources referred to.

This article explores the constitutional regulation of birthright ius soli citizenship in two Latin American countries which restrict access to citizenship for the children of foreigners deemed to be passing through the countries. Access to citizenship is a significant marker of membership, setting the boundaries of inclusion and exclusion within and across States. Choosing the cases of Chile and Colombia, this article uses historical, institutional and comparative analysis in order to excavate the evolving conceptions of citizenship in those two countries, with particular reference to the concepts of the ‘transient foreigner’ and of ‘domicile’. The case studies provide an excellent laboratory within which to examine the evolution of constitutional ideas of citizenship and ‘the people’. In Colombia, the outcome of the investigation shows that there is unlikely to be significant long-term change in the citizenship regime towards a more generalised acceptance of unconditional ius soli, notwithstanding the substantial shorter-term measures taken to accommodate the children of undocumented migrants from Venezuela and to respond to international pressure. In Chile, combined with other ongoing constitutional work in the citizenship space as part of a wider reform process, there may be a slow journey towards a different constitutional future for so-called ‘transient foreigners’ and others excluded within the State, but this is currently stalled. Chile has, however, introduced legislation cementing a more limited concept of ‘transient foreigner’, linking this work on citizenship to the wider domain of migration governance.

This article argues that the current approach of the European Court of Human Rights (ECtHR) to evaluating scientific evidence is lacking and hampers its ability to properly handle cases involving questions of science, and particularly environmental cases which are replete with them. It identifies three problem areas in relation to the ECtHR's adjudication of such cases: the evaluation of evidence proving the causation of harm; the extent of the Court's deference to the determinations made by national authorities; and the Court's evaluation of evidence adduced by the respondent State in justifying its conduct as being in line with the standard of due diligence. Several cases that illustrate the recurring problem of the lack of science-based reasoning in the Court's judgments are then identified, highlighting the shortcomings of its approach. Such issues have an impact upon the legitimacy of the ECtHR, and it is therefore imperative that it engages more robustly with scientific evidence. The article suggests the best way to do this would be for the ECtHR to make more use of its power to seek assistance from independent scientific experts in environmental cases.

Constitutional courts operate under a framework of formal and informal rules. While formal rules have been extensively studied, our understanding of informal rules remains limited. Courts often rely on internal practices, traditions and unwritten customs developed over time, posing a significant challenge due to their hidden nature. Numerous constitutional courts lack detailed voting protocols in their statutes and internal regulations, leaving essential aspects to the court's discretion, such as, inter alia, the voting order, deliberation style, outcome versus issue voting and tie-breaking protocols. By employing a case study of strategic breaching of informal voting protocols in the Mexican Supreme Court, this article highlights the complexity of enforcing informal voting rules given that external actors may be unaware of them, along with other factors. Even when informal rules are broadly known, certain circumstances may diminish the efficacy of informal sanctions addressing their breach. Thus, key judicial players, such as chief justices or judge-rapporteurs, may take advantage of the informal rules of voting protocols to advance their policy preferences.

This article analyses the challenges that online marketplaces and e-commerce pose to traditional product liability doctrines. It uses a comparative perspective to examine whether an online platform can be liable to a consumer for a defective product purchased on its platform, and the adaption of product liability law to this challenge in a series of jurisdictions. It reflects on the role of litigation and regulation, focusing on Europe and the United States, and considers reform in a number of jurisdictions in this area. It concludes with proposals for increasing the accountability of online marketplaces for products sold on their websites.

Multilateral development banks (MDBs) are international organizations subject to the law of international responsibility. Yet, the relationship between their accountability mechanisms and the International Law Commission (ILC) Articles on the Responsibility of International Organizations (ARIO) remains unclear. Understanding this relationship is essential in fully realizing the right to remedy in the development finance context. A comparative analysis of these legal frameworks clarifies that notwithstanding their different rationale, scope and functions, the two are not normatively conflicting and both serve to control public power. While the accountability mechanisms correct the ARIO's State-centric orientation by granting legal standing to project-affected people, they have their own deficiency concerning the actions they can prescribe to MDBs upon a finding of noncompliance. Highlighting that the MDBs’ mandate to ‘do no harm’ and pursue sustainable development is left unfulfilled by the accountability mechanisms’ deficient remedial function, this article identifies specific ARIO provisions to complement rather than undermine the MDBs’ accountability system. The ARIO's residual character, combined with the proposition that remedies arise not only from wrongful conduct but also from harm suffered by one party due to another's risky activities, justify this complementarity.

This article argues that the purpose of the English gateways for service out of the jurisdiction is to identify a presumptive meaningful connection; that courts have used different mechanisms to rebut the presumption of a meaningful connection established by the gateways; and that there are lessons to be learnt from a clearer, more explicit understanding of this presumptive purpose of the gateways. The article uses Brownlie (I and II) and Fong v Ascentic Ltd to support and illustrate these arguments.

In 2023, the Organisation for Economic Co-operation and Development (OECD) launched an updated version of the OECD Guidelines for Multinational Enterprises on Responsible Business Conduct. The changes represent substantial and potentially far-reaching implications for business, particularly in the areas of climate change and biodiversity. This article examines the 14 climate-related complaints filed under the Guidelines prior to the adoption of the 2023 Update, showing how many of these cases illustrate the potential interlinkages between the human rights and climate change dimensions of the Guidelines. The article then discusses how the updated provisions may influence future complaints concerning climate change. Based on this analysis, the article concludes that the Guidelines could have been strengthened by the explicit integration of climate change into the scope of corporate human rights responsibilities under the Guidelines.

This article discusses the United Kingdom Supreme Court judgment in Zubaydah v Foreign, Commonwealth and Development Office, which addressed the law governing the tort liability of the United Kingdom Government for its alleged complicity in the claimant's arbitrary detention and torture overseas by the Central Intelligence Agency. In holding that English law applied, the Court departed from previous case law by giving decisive weight to public law factors in its choice-of-law reasoning. This decision arguably heralds a greater role for English law in relation to tort claims brought by overseas victims of allegedly wrongful exercises of British executive authority as a mechanism for achieving executive accountability, controlling abuse of power, ensuring the rule of law and providing victims access to remedy.

This article revisits the overlooked field of comparative environmental law. It examines contributions to this field from the late 1960s to 2022, highlighting the methodologies proposed, their shortcomings, the main aspects and angles taken by the literature, and the curious lack of engagement by experts in comparative law proper with environmental law systems. On the basis of a structured examination of the literature, the article extracts four main aims or purposes that may guide this line of research: (i) clarifying the initial system by contrasting it with a foreign system; (ii) using the basic conceptual features of a known system to analyse and understand a foreign unknown system; (iii) evaluating and fine-tuning a system or an aspect thereof; and (iv) extracting analytical categories that can serve to map the entire field or areas of it.

The United States and United Kingdom have carried out a series of strikes upon Yemeni territory since January 2024. The acting States have justified these on the basis of the right of self-defence in response to the series of attacks that have been perpetrated by the Houthi group in Yemen against various commercial and military vessels in the Red Sea. On the face of it this was a relatively straightforward justification. Yet, when subjected to analysis it becomes evident that not only is the justification itself not clear, but that the law governing the actions—the jus ad bellum—is not sufficiently settled to provide clear parameters by which to assess the legality of the strikes. Furthermore, the strikes themselves, and the purposes for which they were undertaken, may have set a precedent with unforeseeable consequences.

This article suggests a new interpretative framework for Article 27(2) of the Fourth Geneva Convention, which prohibits sexual violence against women in armed conflict. One specific aspect of this norm is particularly controversial: the notion of ‘honour’ has often been criticised as an obsolete concept linked to an outdated view of female morality. In the absence of a definition of the term, this article examines whether the gendered limitations of the norm can be overcome and the extent to which an evolutive interpretation of the concept is feasible. It argues that the concept of ‘honour’ can be treated as a generic term that is subject to evolutive interpretation, allowing for a renewed and gender-sensitive understanding to be developed, aligned with the concept of human dignity.

Remote-access cyber espionage operations against activists, dissidents or human rights defenders abroad are increasingly a feature of digital transnational repression. This arises when State or State-related actors use digital technologies to silence or stifle dissent from human rights defenders, activists and dissidents abroad through the collection of confidential information that is then weaponized against the target or their networks. Examples include the targeting of Ghanem Al-Masarir (a Saudi dissident living in the United Kingdom), Carine Kanimba (a United States–Belgian dual citizen and daughter of Rwandan activist Paul Rusesabagina living in the United States) and Omar Abdulaziz (another Saudi dissident living in Canada) with NSO Group's mercenary spyware. This practice erodes human rights, democracy and the rule of law and has a negative impact on targeted communities, including social isolation, self-censorship, the fragmentation and impairment of transnational political and social advocacy networks, and psychological and social harm. Despite this, international law does little to restrain this practice. Building on momentum around the regulation of mercenary spyware and transnational repression, this article elaborates on how States could consider regulating dissident cyber espionage and streamlines a unified approach among ratifying States addressing issues such as State immunity, burden of proof, export control and international and public–private sector collaboration.

On 7 December 2022, the United Nations General Assembly adopted a treaty known as the Beijing Convention governing the recognition abroad of the international effects of judicial sales of ships. This article explores the rationale for a specific Convention on this issue, and its interaction with other relevant international conventions. It then analyses the recognition approach adopted by the Convention and evaluates its potential strengths and weaknesses. While some provisions might need further consideration, the overall conclusion is that the Beijing Convention has the potential to strengthen the legal certainty of the purchaser's title obtained via this sale mechanism and thus help debt recovery. Although common law jurisdictions might find it at odds with some of their features, the expected benefits from ratifying it seem to outweigh these issues and are already prompting a steady number of signatures, including those of China, the European Union and Singapore.

Under the law of treaties, two mechanisms currently seek to bridge the gap between the conclusion and entry into force of treaties. These are found in Article 18 (the obligation not to defeat the object and purpose of a pending treaty) and Article 25 (provisional application of treaties) of the Vienna Convention on the Law of Treaties. This article considers the nexus and relationship between these provisions and clarifies two aspects of their interaction. First, the article assesses how Articles 18 and 25 interact in their practical application and whether Article 25 can inform the content and interpretation of Article 18. Second, the article explores how the termination of a provisionally applied treaty under Article 25(2) affects the applicability of Article 18(a).

This article discusses the relationship between particular and general customary international law, grappling with academic views affirming that, ordinarily, the emergence of the former is a stage in the consolidation of the latter. It is argued that the higher standard of State consent required for the configuration of bilateral or regional custom suggests otherwise. In addition, it is also contended that a distinctive kind of opinio juris must be present for particular custom to arise: a conviction from the States concerned that their conduct is governed by particular (as opposed to general) customary law.