102 Am. J. Int'l L. [i] (2008)

handle is hein.journals/ajil102 and id is 1 raw text is: AMERICAN JOURNAL
OF
INTERNATIONAL LAW
VOL. 102                              January 2008                                  NO. 1
CONTENTS                                      PAGE
Horizontal Human Rights Law                                         John H, Knox         1
Human rights have traditionally been seen as vertical, establishing rights for indi-
viduals and obligations for states. Recent proposals seek to reorient human rights
law horizontally, imposing obligations directly on corporations and other pri-
vate actors. These proposals fail to appreciate the horizontal effects of existing
human rights law, and risk undermining its structure and opening the door to
new restrictions on human rights.
Nondiscrimination in Trade and Investment Treaties: Worlds Apart or Two Sides
of the Same Coin?                            Nicholas DiMascio &JoostPauwelyn        48
International trade and investment treaties both use national treatment provisions to
prohibit discrimination against foreigners, but do so for different reasons. As disputes
increasingly cross the boundary between trade and investment, the origin, evolution,
and goals of the treaties require somewhat different applications of national treat-
ment. At its core, however, national treatment prohibits only discrimination based
on nationality, so in both contexts proof of a legitimate policy objective should vin-
dicate a domestic law against a charge of discrimination.
Editorial Comment
The ILO Convention on Freedom of Association and Its Future in the United States
Steve Charnovitz      90
Notes and Comments
William D. Rogers (1927-2007)                                 Charles N. Brower     108
International Decisions                                  Edited by Daniel Bodansky
Territorial and Maritime Dispute Between Nicaragua and Honduras in the Caribbean
Sea (Nicaragua v. Honduras) (Coalter G. Lathrop)                                  113
International Court of Justice judgment on sovereignty over disputed islands, and
delimitation of the territorial sea, exclusive economic zone, and continental shelf
Guyana/Suriname (Stephen Fietta)                                                    119
Law of the Sea Convention Annex VII Arbitral Tribunal decision on delimita-
tion of the territorial sea, exclusive economic zone, and continental shelf, and on
duties pending delimitation
Evans v. United Kingdom (Orna Ben-Naftali and Iris Canor)                           128
European Court of Human Rights decision on right to withdraw consent to the
storage and use of embryos
Massachusetts v. Environmental Protection Agency (Jonathan M. Zasloff)              134
U.S. Supreme Court opinion on authority of the Environmental Protection
Agency to regulate emissions of greenhouse gases
R. v. Hape (Pierre-Hugues Verdier)                                                  143
Canadian Supreme Court judgment on extraterritorial application of constitu-
tional right against unreasonable search and seizure

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