The Olympics, transnational law and legal transplants: the International Olympic Committee, ambush marketing and ticket touting

This paper concerns the origination, development and emergence of what might be termed ‘Olympic law’. This has an impact across borders and with transnational effect. It examines the unique process of creation of these laws, laws created by a national legislature to satisfy the commercial demands of a private body, the International Olympic Committee (IOC). It begins by critically locating the IOC and Olympic law and examining Olympic law as a transnational force. Using two case studies, those of ambush marketing and ticket touting, it demonstrates how private entities can be the drivers of specific, self-interested legislation when operating as a transnational organisation from within the global administrative space and notes the potential dangers of such legal transplants.

Machiavelli’s Walls: The Legacy of Realism in International Relations Theory

In this paper we argue that Niccolò Machiavelli has little to do with Realism in International Relations theory. By concentrating, as Machaivelli did, on the walls that define political relations—both inside and outside the polity—we find his insights deeply rooted in the specific political contexts of Sixteenth century Italy. Others may wish to generalize from them, but Machiavelli did not. In fact, as we show, Machiavelli was mindful of the difficulties of generalizing about walls and acknowledged the dangers political actors faced in navigating between the internal and external walls of the polity. We examine the geopolitical contours of Machiavelli’s walls and seek to demonstrate how morality is present in these historical spaces. In contrast to Realists, Machiavelli was ready and willing to make ethical judgments. We argue that theorists of international politics should exercise care in reaching for Machiavelli as the iconic thinker for making sense of anarchy in world politics. This article concludes by suggesting that the ideology of Machiavellianism has obscured deeper understanding of the particular contexts of Machiavelli’s own world.

Digital evidence as a means of proof before the International Court of Justice

This article discusses the use of digital evidence as a means of proof before the International Court of Justice (ICJ). The absence of specific Court rules and procedures for digital evidence (with the exception of Practice Direction IX bis) is not necessarily an obstacle to its production and evaluation before the ICJ, as the general evidentiary rules can also be applied to digital evidence. The article first looks at the rules on the production of documentary evidence and then examines the specific issues related to audiovisual evidence. Finally, it examines the admissibility of digital evidence unlawfully obtained by a litigant through unilateral transborder access to data. The article concludes that, even if specific regulation may be needed as to the specific way in which authenticity and accuracy of digital evidence are to be established, the particular facts of the case and the grounds of challenge can vary widely, and it is doubtful that any regulation could be sufficiently flexible to deal with this in advance.

Is there any room for the doctrine of fundamental rights of states in today's international law?

This article serves as a general substantive introduction to the special issue on the fundamental rights of states in international law. It introduces the concept in theoretical and doctrinal terms, and lays out the questions that will be addressed by the contributions to the special issue. These questions include: 1) What do attributes like ‘inherent’, ‘inalienable’ and ‘permanent’ mean with regard to state rights?; 2) Do they lead to identifying a unitary distinct category of fundamental rights of states?; 3) If so, what is their source and legal character?; 4) What are their legal implications, eg, when they come into conflict with other obligations of the right holder or with the actions of other states and international organisations?; and ultimately, 5) Is there still room in today’s international law for a doctrine of ‘fundamental’ rights of states? The article reviews the fundamental rights of states in positive law sources and in international legal scholarship, and identifies the reasons for a renaissance of attention for this doctrine.