- Kristoffer Lidén, A better foundation for national security? The ethics of national risk assessments in the Nordic region
- Hanna Tuominen, In defence of common values: The Finnish EU Council Presidency 2019
- Nathanael Eschmann & Desirée Nilsson, Better together? Civil society coordination during peace negotiations
- Katharine AM Wright, Challenging civil society perceptions of NATO: Engaging the Women, Peace and Security agenda
- Johannes Scherzinger, Unbowed, unbent, unbroken? Examining the validity of the responsibility to protect
- Ivor Sokolić, Claims to ignorance as a form of participation in transitional justice
- Ondrej Ditrych & Tomas Kucera, Defence cooperation and change: How defence industry integration fostered development of the European security community
Tuesday, February 7, 2023
- Ranjoo Seodu Herr, Overlapping consensus view of human rights: a Rawlsian conception
- Moritz S. Graefrath & Marcel Jahn, Conceptualizing interstate cooperation
- Costas M. Constantinou & Fiona McConnell, On the right to diplomacy: historicizing and theorizing delegation and exclusion at the United Nations
- Jonathan Gilmore, Conceptualizing good global statehood: progressive foreign policy after the populist moment
- Christian Nikolaus Braun, Quo Vadis? On the role of just peace within just war
- Thomas Gehring & Kevin Urbanski, Member-dominated international organizations as actors: a bottom-up theory of corporate agency
Monday, February 6, 2023
With the Winter/Spring 2023 issue of JTMS now published, the Journal of Territorial and Maritime Studies would like to inform readers that we are now soliciting manuscript submissions for the Summer/Fall 2023 issue of JTMS. Authors wishing to be considered for inclusion in the Summer/Fall 2023 issue of JTMS must submit their manuscripts by the extended deadline of February 28th, 2023.
JTMS is an interdisciplinary Journal of research on terrestrial and maritime territorial issues sponsored by the Northeast Asia History Foundation with editorial offices hosted by Yonsei University in South Korea, providing an academic medium for the announcement and dissemination of research results the fields of security studies, history, international law, international relations, geography, peace studies, and other relevant disciplines. The journal is indexed in SCOPUS and covers all continental areas across the world from a variety of disciplinary and methodological perspectives. Practical studies as well as theoretical works, which contribute to a better understanding of territorial and maritime issues, are also encouraged.
Articles should be submitted electronically to *** email@example.com *** and include four major sections: the title page, structured abstract, main body, and references. The title page should contain the title of the paper, the author(s) name, the institutional affiliation and keywords. Manuscripts should follow the JTMS style guide available on our website.
A length of maximum 9,000 words is preferred for an article, including endnotes, and approximately 2,000 words for a review. Authors wishing to be considered for the Summer/Fall 2023 issue must submit their manuscripts by no later than February 28th, 2023. Inquiries may be sent via the email address provided above.
Sunday, February 5, 2023
Vidigal: Designing Climate Clubs: The Four Models, Trade Commitments and the Non-Discrimination Dilemma
The imminent adoption of climate-motivated trade restrictions has led to renewed interest in climate clubs (CC), by which club participants limit the application of trade restrictions to countries that fail to contribute sufficiently to emissions reduction efforts. Within the decentralized international system, small-group cooperation among climatically ambitious states may be instrumental in making climate cooperation politically feasible. In particular, decarbonizing carbon-intensive sectors may require a “club” approach. This paper analyses the main CC models being proposed, classifying them as “inducive” or “equalizing” and “exclusive” or “inclusive”. If adopted unilaterally (or “minilaterally”, by a group such as the G7), all models are likely to be contentious, either unjustifiably favoring one policy design over others or setting up arbitrary distinctions between admissible and inadmissible contributing measures. Regardless of formal legal challenges, a CC imposed without multilaterally negotiated criteria is bound to create trade tensions. A credible outcome of current proposals is a CC component within a (de jure or de facto) multilateral climate governance (MCG) system, whose residual club component operates less as an exclusive club than as a fallback element to ensure continued adherence to the governance system. To avoid pitfalls, the design of a CC must match the stated objective of decarbonizing production while allowing participants a broad measure of freedom regarding policy choices. A CC component may be permissible as a means of eliminating incentives for free riding through non-participation, as long as the MCG sets for those within the club corresponding criteria for acceptable contributing measures, established means of assessing compliance, and commensurate consequences for non-compliance.
- Chen Kertcher & Ornat Turin, ‘Lost in translation’: United Nations commentaries on gender stereotypes to Muslim countries
- Mohammad Pizuar Hossain, The Rohingya refugee crisis: analysing the international law implications of its environmental impacts on Bangladesh
- Zvika Orr, Localised medical moralities: organ trafficking and Israeli medical professionals
- Cristina Aibar-Guzmán, Isabel-María García-Sánchez & Celia Salvador-González, Do codes of conduct really mean a change in corporate practices with regard to human rights? Evidence from the largest garment companies worldwide
- Sean Molloy, Conceptualising the transformative justice potential of peace processes
- Françoise Montambeault & Martin Papillon, Repoliticising indigenous participation: FPIC protocols in Canada and Brazil
- Adam Ploszka, From human rights to human wrongs. How local government can negatively influence the situation of an individual. The case of Polish LGBT ideology-free zones
- Bennett Collins & Ali Watson, Refusing reconciliation with settler colonialism: wider lessons from the Maine Wabanaki-State Child Welfare Truth and Reconciliation Commission
- Ricardo Abello-Galvis & Walter Arevalo-Ramirez, Alleged Violations of Sovereign Rights and Maritime Spaces in the Caribbean Sea (Nicaragua v. Colombia, 2022): Commentary on the Case and the Judgment on the Merits by the International Court of Justice
- David Molina Coello, Is UNCLOS Ready for the Era of Seafaring Autonomous Vessels?
- Onyemaechi Christopher Ugwuibe, Cordelia Ozoemena Idoko, David C. Nwogbo & Paul Chukwudi Ezinna, Nigeria Ports and Arms Smuggling: Evaluation of Cargo Tracking Note Amidst Growing Insecurity
- V. Adefemi Isumonah, Political Development Narrative of Africa’s Physical Space: The Case of Nigeria
- Mariam Mgeladze, UK House of Lords Inquiry: Is the UN Convention on the Law of the Sea Still Fit for Purpose?
Fach Gómez & Titi: Facilitating Access to Investor-State Dispute Settlement for Small and Medium-Sized Enterprises: Tracing the Path Forward
The costs of accessing investor-state dispute settlement (ISDS) are notoriously high. International investment treaties and investment dispute settlement in particular have been primarily designed with large investors in mind – those with the means to access an international tribunal –, while small and medium-sized enterprises (SMEs) and individual or vulnerable investors can face significant barriers to accessing ISDS. This article is the first in legal scholarship to identify and evaluate the diverse opportunities that exist for the establishment and operation of mechanisms allowing SMEs better and easier access to ISDS. Drawing on the wealth of comparative experience from the functioning of existing dispute settlement assistance mechanisms in international courts and tribunals, the article argues that legal assistance is a more efficient and cost-effective tool than financial assistance and presents concrete proposals for the funding and operation of such a mechanism for SMEs. Finally, the article examines the political cost involved in facilitating SMEs’ access to ISDS, in light of the fact that some states have been increasingly wary of ISDS, but it weighs this challenge against the imperative of ensuring effective access to justice.
- Yang Liu, Proportionality Balancing under General International Law: the Case of Article 25(1)(b) of ARSIWA
- Adrien Schifano, Organizationhood in the Light of Asian Minimalism
- Sergey Yu Marochkin, A Changed Constitutional Perception of International Law: Demonstrating the Move Ahead With a Turned Back Head?
- Maria Stefania Cataleta, The Prohibition of Prosecution of Child Soldiers: a Desirable Emerging Rule of Customary International Law
Thursday, February 2, 2023
The idea that using “killer robots” in armed conflict is unacceptable because they are not human is at the heart of nearly every critique of autonomous weapons. Some of those critiques are deontological, such as the claim that the decision to use lethal force requires a combatant to suffer psychologically and risk sacrifice, which is impossible for machines. Other critiques are consequentialist, such as the claim that autonomous weapons will never be able to comply with international humanitarian law (IHL) because machines lack human understanding and the ability to feel compassion.
This article challenges anthropocentric critiques of AWS. Such critiques, whether deontological or consequentialist, are uniformly based on a very specific concept of “the human” who goes to war: namely, the Enlightenment subject who perceives the world accurately, understands rationally, is impervious to negative emotions, and reliably translates thought into action. Decades of research in cognitive psychology indicate, however, that the Enlightenment subject does not exist. On the contrary, human decision-making is profoundly distorted by cognitive and social biases, negative emotions, and physiological limitations — particularly when humans find themselves in dangerous and uncertain situations like combat. Given those flaws, and in light of rapid improvement in sensor and AI technology, it is only a matter of time until autonomous weapons are able to comply with IHL better than human soldiers ever have or ever will.
The article itself is divided into five sections. Section I critiques deontological objections to autonomous weapons. It shows that those objections either wrongly anthropomorphize AWS by assuming they “decide” on targets in a manner similar to humans or are predicated on a romanticized and anachronistic view of war in which most killing takes place face-to-face between combatants of equal status.
Section II addresses the common argument that IHL compliance requires human understanding — particularly the ability to discern the intentions of potential targets. The section demonstrates that such understanding is far less necessary to IHL than AWS critics assume and explains why, in those situations in which judgment is necessary, limits on human decision-making undermine the idea that human soldiers are more likely to comply with IHL than autonomous weapons.
Section III responds to the claim that autonomous weapons will not be able to comply with IHL as well as human soldiers because machines cannot feel compassion. It shows that compassion is irrelevant to IHL compliance, that compassion can lead to negative outcomes in combat as well as positive ones, and that any potential benefits of compassion are far outweighed by the costs of negative emotions such as stress and anger.
Section IV addresses the argument that the non-human nature of autonomous weapons makes it difficult, if not impossible, to hold humans responsible for war crimes that AWS commit. The section demonstrates not only that the problem of “accountability gaps” is significantly overstated, but also that there is no significant difference between human soldiers and autonomous weapons in terms of criminal responsibility.
Finally, Section V explores the implications of the idea that it is highly likely autonomous weapons will eventually be able to comply with IHL as well as — if not better than — human soldiers. It argues that consequentialist critics are not primarily concerned AWS will be worse soldiers than humans. Instead, their real worry is that they will be better ones, because the more humane war becomes, the more difficult it will be to eliminate war itself. This, the section argues, is actually the most powerful argument against autonomous weapons — but one that applies to most of the weapons developed over the past century.
Wednesday, February 1, 2023
The Audiovisual Library of International Law is also available as a podcast on SoundCloud and can also be accessed through the relevant preinstalled applications on Apple or Google devices, or through the podcast application of your preference by searching “Audiovisual Library of International Law.”
- Articoli e Saggi
- Maria Chiara Vitucci, Le ciberoperazioni e il diritto internazionale, con alcune considerazioni sul conflitto ibrido russo-ucraino
- Michele Nino, The Freedom of Expression and Hate Speech in Cyberspace
- Martina Di Lollo, Alla ricerca di una crescita economica inclusiva: il ruolo delle IFI nell’attuazione delle politiche gender sensitive
- Osservatorio Europeo
- Claudia Morini, Alcune riflessioni sulla non neutralità dei bilanci: focus su Unione europea e gender budgeting
- Osservatorio Diritti Umani
- Vincenzo Lorubbio, Prevenzione della tortura in Europa: la complessa triangolazione istituzionale tra CPT, SPT e NPMs. Cui prodest?
- ‘There is great chaos under heaven’ but the situation does not seem ‘excellent’ at all. A reassessment of the Taiwan question, from statehood to the rules on the use of force
- Introduced by Marco Pertile
- Tarcisio Gazzini, Statehood in troubled waters: The international status of the Republic of China and the rules on the use of force
- Matthias Hartwig, How many Chinas exist in International Law?
Tuesday, January 31, 2023
Feminist approaches to international law have been mischaracterised by the mainstream of the discipline as being a niche field that pertains only to women’s lived experiences and their participation in decision-making processes. Exemplifying how feminist approaches can be used to analyse all areas of international law, this book applies posthuman feminist theory to examine the regulation of new and emerging military technologies, international environmental law and the conceptualisation of the sovereign state and other modes of legal personality in international law.
Noting that most posthuman scholarship to date is primarily theoretical, this book also contributes to the field of posthumanism through its application of posthuman feminism to international law, working to bridge the theory and practice divide by using posthuman feminism to design and call for legal change. This interdisciplinary book draws on an array of fields, including philosophy, queer and feminist theories, postcolonial and critical race theories, computer science, critical disability studies, science and technology studies, marine biology, cultural and media studies, Indigenous onto-epistemologies, critical legal theory, political science and beyond to provide a holistic analysis of international law and its inclusions and exclusions.
Monday, January 30, 2023
Tams, Schill, & Hofmann: International Investment Law and General International Law: Radiating Effects?
This book questions whether investment law influences the wider field of general international law, and more specifically, whether approaches adopted by tribunals in investment arbitrations have radiated, or should radiate, into other fields of international law.
To answer this question, the book engages in a detailed analysis of pronouncements by investment tribunals on state responsibility, the law of treaties, and general principles of dispute resolution, and evaluates their impact beyond the narrow field of investment law. The perspectives provided in the book highlight how rules of general international law are concretised, specified, and at times moulded in investment arbitration practice. By doing so, the book enhances our understanding of the relationship between general international law and one its most dynamic sub-disciplines.
Combining conceptual and practical perspectives, and offering a detailed analysis of the pertinent case law, the book is a plea for a fuller engagement directed at both general international lawyers and international investment lawyers.
Sunday, January 29, 2023
Mbengue & Akinkugbe: The Criticism of Eurocentrism and International Law: Countering and Pluralizing the Research, Teaching, and Practice of Eurocentric International Law
This Chapter draws on Third World Approaches to International Law (TWAIL) in examining the question: how does the research and teaching of international law in the Global South challenge Eurocentrism in international law. The Chapter focuses on the emergent activities within Global South that pluralize Eurocentric international law’s dominance in the research production, teaching, and practice arenas. The Chapter pushes against the unfair over-representation of European countries in the scholarly production and institutions of international law. To illustrate the often-underexplored regional diversity of international law outside Europe, the Chapter reflects on the contemporary roles of critical Global South scholars and scholarship in international law, and the sub-fields of international investment law and international human rights law to pluralize the epistemological foundations of the substantive field of international law.
- Michal Smetana & Michal Onderco, From Moscow With a Mushroom Cloud? Russian Public Attitudes to the Use of Nuclear Weapons in a Conflict With NATO Serhat Doğan, Emin Karagözoğlu, Kerim Keskin, & Hüseyin Çağrı Sağlam, Titans that Clash and a State that Buffers
- Allison Carnegie, Joshua D. Kertzer, & Keren Yarhi-Milo, Democratic Peace and Covert Military Force: An Experimental Test
- Hoon Lee, David Lektzian, & Glen Biglaiser, The Effects of Economic Sanctions on Foreign Asset Expropriation
- Ryan Yu-Lin Liou, Amanda Murdie, & Dursun Peksen, Pressures From Home and Abroad: Economic Sanctions and Target Government Response to Domestic Campaigns
- Anna Getmansky & Chagai M. Weiss, Interstate Conflict Can Reduce Support for Incumbents: Evidence from the Israeli Electorate and the Yom Kippur War
- Min Ye & Quan Li, Examining UN PKO contributions at multiple levels
- Moritz Schmoll & Wang Leung Ting, Explaining Physical Violence in Parliaments
- Daniel Krcmaric & Abel Escribà-Folch, I’ll Be Back? Exiled Leaders and Political Instability
- Sharan Grewal & Matthew D. Cebul, Can Religious Reinterpretations Bridge the Secular-Religious Divide? Experimental Evidence from Tunisia
- Travers B Child, Losing Hearts & Minds: Aid and Ideology
- Johannes Karreth, Jason Quinn, Madhav Joshi, & Jaroslav Tir, International Third Parties and the Implementation of Comprehensive Peace Agreements After Civil War
- Data Set Feature
- Charles Miller & K. Shuvo Bakar, Conflict Events Worldwide Since 1468BC: Introducing the Historical Conflict Event Dataset
Saturday, January 28, 2023
This open access book brings conceptual clarity to the study and practice of self-determination, showing that it is, without doubt, one of the most important concepts of the international legal order. It argues that the accepted categorisation of internal and external self-determination is not helpful, and suggests a new typology. This new framework has four categories: the polity-based, secessionary, colonial, and remedial forms. Each will be distinguished by the grounds, or the legitimacy-claim, on which it is based. This not only ensures consistency, it moves the question out of the purely conceptual realm and addresses the practical concerns of those invoking self-determination. By presenting international lawyers with a typology that is both theoretically consistent and more practically useful, the author makes a significant contribution to our understanding of this keystone of international law.
This book explores how State capitalism affects and reshapes international investment law. It sheds new light on the various ways States actively influence business and commercial activity globally by using sovereign investors such as state-owned enterprises and sovereign wealth funds or pension funds. With a diverse group of contributors from a broad range of countries, the book offers a fresh and timely look into the fundamentals of State capitalism, focusing in particular on its actors and processes, the contextual elements that surround it, and the new political economy that comes with it.
As the World Heritage Convention enters its 50th year, questions are being raised about its failures and successes. This topical book draws together perspectives across law and heritage research to examine the Convention and its implementation through the novel lens of compliance.
The book challenges the widely held view that managing the ‘world’s heritage’ is a non-regulatory, incentive-based task with limited sanctioning options. Combining theoretical perspectives with deep technical analysis and historical investigation, the book tackles the compliance question through an examination of 12 diverse cases.
Analysing past World Heritage properties like the Arabian Oryx Sanctuary (Oman) and Dresden Elbe Valley (Germany), as well as at-risk properties, like the Great Barrier Reef (Australia), Group of Monuments at Hampi (India) and Everglades National Park (United States), chapters trace the evolution and application of key non-compliance mechanisms like Reactive Monitoring, the In Danger List, and the Deletion procedure. In so doing, this book provides a comprehensive understanding of the Convention's compliance architecture and the tools available to respond to instances of non-compliance.
Akinkugbe & Majekolagbe: International Investment Law and Climate Justice: The Search for a Just Green Investment Order
Efforts are underway to craft responses to the climate crisis within the international investment order. This Article highlights international investment law (“IIL”) and international climate law (“ICL”) as two basic governance contexts within which investment- related responses to climate change are being designed. There is, however, a multilevel—normative and institutional—dissonance between both regimes that makes for an asymmetric integration of the regimes at best, or worse still, the escalation of the injustices which have characterized both. While similar in their recognition of international investment as an important tool for responding to climate change, assumptions and approaches under both regimes are different. Both regimes, however, are responsible for the entrenchment of climate injustice. This Article re-envisions climate justice through a Third World Approaches to International Law (“TWAIL”) lens and provides recommendations on the actualization of a just green investment order. Drawing on TWAIL, we argue that treaty proposals that simply emphasize making IIL compatible with international climate frameworks for green investments, despite their relevance for the transition to a green economy, overlook structural normative dynamics which have perpetuated historical injustice, skewed power relations, and contributed to diverse tragedies of the commons. To avoid cascading into a new regime of inequities, we argue that IIL reform and investment-related measures under the ICL regime must center on climate justice and a nuanced interpretation of historical responsibility.
Ferrari, Rosenfeld, & Kotuby: Recognition and Enforcement of Foreign Arbitral Awards: A Concise Guide to the New York Convention's Uniform Regime
This incisive book is an indispensable guide to the New York Convention's uniform regime on recognition and enforcement of foreign arbitral awards. Framing the Convention as a uniform law instrument, the book analyses case law from major arbitration jurisdictions to explain its scope of application, the duty to recognize arbitral agreements and awards as well as their limitations, and the procedure and formal requirements for enforcing arbitral awards.
Combining insight from arbitration practice with perspectives from private international law, the book underlines the importance of the Convention’s foundation in a treaty of international law, arguing that this entails a requirement to interpret the key concepts it sets forth based on international law rules of interpretation. However, it also demonstrates where municipal laws are relevant and discusses the private international law principles through which these instances can be identified.
- Noemí Pérez Vásquez, Last On the List: The Protection of Sexual and Reproductive Health and Rights in Timor-Leste’s Transitional Justice Process
- Charlotte Ludt, Margunn Bjørnholt & Birgitta Niklasson, Speaking the Unspeakable: Disclosures of Sexual and Gender-based Violence in Asylum Credibility Assessments
- Gabriela Mezzanotti & Alyssa Marie Kvalvaag, Indigenous Peoples on the Move: Intersectional Invisibility and the Quest for Pluriversal Human Rights for Indigenous Migrants from Venezuela in Brazil
- Padraig McAuliffe, The Ambivalent Status of Socio-Economic Rights in Human Rights-Based Approaches to Development
- Henning Tamm & Allard Duursma, Combat, commitment, and the termination of Africa’s mutual interventions
- Iosif Kovras, Technologies of justice: forensics and the evolution of transitional justice
- Chiara Ruffa & Sebastiaan Rietjens, Meaning making in peacekeeping missions: mandate interpretation and multinational collaboration in the UN mission in Mali
- Lennart Maschmeyer, Subversion, cyber operations, and reverse structural power in world politics
- Miles M. Evers, Discovering the prize: information, lobbying, and the origins of US–Saudi security relations
- Neil C. Renic, Superweapons and the myth of technological peace
- Amir Lupovici, Ontological security, cyber technology, and states’ responses
- Tuncer Beyribey, Terrorism as a conceptual site for power struggles: problematization of terrorism in Turkey in the 1970s
- Aidan Hehir, ‘An expensive commodity’? The impact of hope on US foreign policy during the ‘unipolar moment’
- Stéphanie Martel & Aarie Glas, The contested meaning-making of diplomatic norms: competence in practice in Southeast Asian multilateralism
Friday, January 27, 2023
- Reuven Avi-Yonah, Young Ran Kim, & Karen Sam, A New Framework for Digital Taxation
- Jose-Miguel Bello y Villarino, International Anticorruption Law, Revisited
- Janie A. Chuang, The International Organization for Migration and New Global Migration Governance
- Angela Huyue Zhang, Agility Over Stability: China's Great Reversal in Regulating the Platform Economy