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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