The global community faces the challenge of dealing with movements in opposite directions: the emphasis on decolonization and self-determination in the postwar world has encouraged the building of barriers and boundaries between jurisdictions, while globalization has encouraged the breaking or transcending of the same. This paper focuses on the legal protection of private economic rights in the transnational arena by considering the regulation of transnational economic relationships at three different levels: (a) where a party's rights are not regulated or governed by any contract; (b) where there is a contract between the parties; and (c) where a foreign investor looks to protect its investment against unlawful interference by a host state. It concludes with some thoughts on what might lie ahead and suggests possible solutions to the issues and challenges faced.

With the rapid advent of globalization, international law has come to expand into new areas which had traditionally been under the exclusive domain of municipal law. As a result, problems concerning interaction between the international and domestic legal orders have become increasingly common. Specifically, difficulties have arisen concerning the implementation of international law decisions into the domestic legal order. This paper examines this problem in three different areas: the process of incorporation of international treaties into the domestic legal order; the issue of giving effect to Security Council resolutions in domestic law; and the issue of the implementation within the domestic legal system of judgments of international courts and tribunals. The paper concludes that, in an age of the emergence of a global community as a matter of socioeconomic reality, the two legal orders should work together to promote common public policy, paying due respect to the decisions of international institutions.

The Trans-Pacific Partnership Agreement (TPP) has an ambitious agenda and could radically reshape trade in the Asia-Pacific. At the same time, TPP obligations have the potential to significantly restrict the ability of governments to regulate in the interests of public health. This paper examines the impact the TPP could have on two areas of public health regulation—tobacco control and access to medicines. It concludes that a number of legitimate concerns arise from the known content of the TPP, that the inclusion of a general health exception would be the preferable means of safeguarding the regulatory space of governments in relation to public health, and that the United States’ proposals for stronger intellectual property protections be resisted. With negotiations shrouded in secrecy, TPP parties’ desires to promote international trade and investment must not overshadow the need of governments to be able to implement sensible and effective public health policy.

This paper revisits the controversy of Judge Sir Muhammad Zafrulla Khan's recusal from the South West Africa cases using new information from the National Archives in Australia, India, South Africa, and the United Kingdom, including an unpublished manuscript written by the Australian judge and the Court's President Sir Percy Spender. Sir Percy's manuscript, which addresses the “recusal” controversy and the 1966 Decision, raises uncomfortable questions about the politics of international law within the Court in the 1960s. In many ways, Judge Zafrulla's struggle with Sir Percy at the ICJ can be analogized to the struggle of non-European peoples to self-determination. The internal “legal” struggle within the Court paralleled the larger “political” struggle outside the Court. Zafrulla would win the struggle, however, when as President of the Court during the 1971 Advisory Opinion on Namibia he would contribute to decolonization, a possibility he foresaw when he was forced to recuse himself.

This paper examines the legal consequences of the acquisition of a new nationality for the right of return of Palestinian refugees. The paper argues that since the right of return is independent of refugee status, the cessation of the latter should not necessarily abrogate the former. By examining the underpinnings of the right of return to one's own country, especially the link between the individual and her territory, this paper argues that this link is somehow weakened in a situation of naturalization in a different country. However, this weakening of the link should not automatically lead to the deprivation of rights. The circumstances that lead refugees to leave their country of origin, the circumstances preventing their return, and the decisions made by the individuals in view of their available options, should be examined.

This paper discusses the possible uses of heritage listing under UNESCO for the promotion of broader political and social agendas by minority groups. The paper uses as a case-study the “Buddhist Chanting of Ladakh: recitation of sacred Buddhist texts in the trans-Himalayan Ladakh region, Jammu and Kashmir, India”. This heritage showcases issues of Tibetan autonomy (both within India and more broadly), relationships between Tibetan and Muslim cultures, and regional autonomy and accommodation of cultural minorities in the Indian state. There are many uses of listing Ladakhi heritage, ranging from listing as a means for autonomy of the Ladakhi, to listing as an instrument of domination, or even geographical control. I argue that heritage listing is not as “apolitical” as normally thought of, and it can be used as a mechanism to both benefit or harm minority groups and the advocacy of their claims within or against the territorial state.