The South China Sea as a Challenge to International Law and to International Legal Scholarship

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1 ARTICLES Tethering the Law of Armed Conflict to Operational Practice: Organized Armed Group Membership in the Age of ISIS E. Corrie Westbrook Mack & Shane R. Reeves The South China Sea as a Challenge to International Law and to International Legal Scholarship Lorenz Langer When Some Are More Equal than Others: Unconscionability Doctrine in the Treaty Context Britta Redwood Reversing the Two Wrong Turns in the Economic Analysis of International Law: A Club Goods Theory of Treaty Membership & European Integration Matthew C. Turk Resolution of Territorial Disputes in East Asia: The Case of Dokdo Laurent Mayali & John Yoo

2 ABOUT THE JOURNAL The Berkeley Journal of International Law (BJIL) (ISSN ) is edited by students at U.C. Berkeley School of Law. As one of the leading international law journals in the United States, BJIL infuses international legal scholarship and practice with new ideas to address today s most complex legal challenges. BJIL is committed to publishing high-impact pieces from scholars likely to advance legal and policy debates in international and comparative law. As the center of U.C. Berkeley s international law community, BJIL hosts professional and social events with students, academics, and practitioners on pressing international legal issues. The Journal also seeks to sustain and strengthen U.C. Berkeley s international law program and to cultivate critical learning and legal expertise amongst its members. Website: Journal Blog: Indexes: The Berkeley Journal of International Law is indexed in the Index to Legal Periodicals, Browne Digest for Corporate & Securities Lawyers, Current Law Index, Legal Resource Index, LegalTrac, and PAIS International in Print. Selected articles are available on LexisNexis and Westlaw. Citation: Cite as Berkeley J. Int l L. Submissions: The editors of the Berkeley Journal of International Law invite the submissions of manuscripts. Manuscripts will be accepted with the understanding that their content is unpublished previously. If any part of a paper has been published previously, or is to be published elsewhere, the author must include this information at the time of the submission. Citations should conform to THE BLUEBOOK: A UNIFORM SYSTEM OF CITATION (20 th ed.) except where common sense dictates otherwise. Please review our website for additional submissions guidance and send all manuscripts to bjilsubmissions@berkeley.edu. Sponsorship: Individuals and organizations interested in sponsoring the Berkeley Journal of International Law should contact the Editors-in-Chief at bjil@berkeley.edu. Copyright: Copyright for material published in the Journal is held by the University of California Regents except where otherwise noted.

3 CONTENTS TETHERING THE LAW OF ARMED CONFLICT TO OPERATIONAL PRACTICE: ORGANIZED ARMED GROUP MEMBERSHIP IN THE AGE OF ISIS E. Corrie Westbrook Mack & Shane R. Reeves THE SOUTH CHINA SEA AS A CHALLENGE TO AND TO INTERNATIONAL LEGAL SCHOLARSHIP Lorenz Langer WHEN SOME ARE MORE EQUAL THAN OTHERS: UNCONSCIONABILITY DOCTRINE IN THE TREATY CONTEXT Britta Redwood REVERSING THE TWO WRONG TURNS IN THE ECONOMIC ANALYSIS OF : A CLUB GOODS THEORY OF TREATY MEMBERSHIP & EUROPEAN INTEGRATION Matthew C. Turk RESOLUTION OF TERRITORIAL DISPUTES IN EAST ASIA: THE CASE OF DOKDO Laurent Mayali & John Yoo...504

4 BOARD OF EDITORS Editors-in-Chief NATHAN KELLER LAUREN KELLY-JONES Senior Publishing Editor MARIBETH HUNSINGER Internal Supervising Editor MATT GAUTHIER Publishing Editor ELIZABETH GLUSMAN Blog Editor NICOLE SAWERES Web Editor NIKITA YOGESHWARUN Managing Editor ALLISON MURRAY Senior Executive Editor JORDAN ELKIN Executive Editor HEIDI LIU Symposium Editors NATHALIE ALEGRE EMMANUELLE BERDUGO JIARUI WANG Senior Articles Editors SARA BIRKENTHAL LUISA PATINO JOSE RAMOS Senior Submissions Editor SEAN PINCKNEY External Supervising Editor TAE KIM Submissions Editors CAMILA ABELLO CHARLOTTE CHUN 1L Representatives HARRIS MATEEN ROBYN PARISER PAULA GERGEN KATIE LEE ANDI MADDOX Articles Editors KIERSTEN MEEHAN SANAZ PAYANDEH ISAAC RAMSEY LABEAT RRHAMANI ZHU ZHU NORAH ARAFEH MICHAEL D. HARRIS Associate Editors ROSE WANG JESSICA N. SIAH LIJA SILIUNAS RACHEL THAMPAPILLAI

5 Members SHAIKA AHMED ELISE BAKER KARIN BASHIR ELIAS BOUKACHABINE NINA BROWN CASSANDRA CALDERON JONATHAN T. DEBBI STEPHEN DOCKERY BENOIT DOUBLET BRENDEN GLAPION ANSHU GUPTA YEJI HAN SAMANTHA HAMILTON JULIA JACOVIDES LEYLA KARIMZADEH KAUSHIK BHARDWAJ BRENDAN LAYDE GRACE LEE SU LI AMBER MUHAMMED LI NONG SARAH ALMOND PIKE EDWARD RICHTER FATMA EZZAHRA SASSI NAIRI SHIRINIAN VICTORIA SNYERS DRU SPILLER RYAN SUN BLAKE VOGEL MARIE VON FALKENHAUSEN HILARY WONG ALEXANDRA ZARETSKY Faculty Advisor MARCI HOFFMAN KATERINA LINOS