Jochen von Bernstorff (Max Planck Society for the Advancement of the Sciences - Max Planck Institute for Comparative Public Law and International Law) has posted Hans Kelsen on Judicial Law-Making by International Courts and Tribunals: A Theory of Global Judicial Imperialism? (European Society of International Law (ESIL) 2015 Annual Conference (Oslo)) on SSRN. Here is the abstract:
This paper examines Hans Kelsen's theory of international adjudication and its political implications in the context of Kelsen's post-war calls for compulsory jurisdiction. It defends Kelsen's position on judicial law-making against claims by scholars such as Hardt and Negri that it amounts to a theory of 'judicial imperialism'. The paper, to finish, examines the ramifications of Kelsen's theory of compulsory jurisdiction in times of fragmentation.