- Rachel Chiu Li Hsien, A World Without Borders; A New World Order: Navigating Cross-Border Insolvencies Through Arbitration
- Michael Neumeier, Class Arbitration in Australia: A Bright Future or a Pipe Dream?
- Sharad Bansal, The Dampening Effect of ‘Foreign’ Mandatory Laws
- Binsy Susan & Adarsh Ramakrishnan, How to Trump a ‘No Claims Certificate’ in Arbitration
- Saad Aljadean Badah, Capacity of Parties and Arbitration Agreement. Part I
Thursday, November 15, 2018
- L'intervention en Syrie
- François Alabrune, Le cadre juridique des actions militaires menées par la France en Syrie le 14 avril 2018
- Robert Charvin, A propos de la “question syrienne”. Une étape de la politique étasunienne du “Grand Moyen Orient”
- Julien Ancelin, La sécurité collective au révélateur de l’arme chimique : A propos de l’intervention des 13 et 14 avril 2018 de la coalition (Etats-Unis, Grande-Bretagne, France) contre le régime syrien
- Jeanne Valax, Le contrôle parlementaire des interventios militaires françaises en Syrie
- Nabil Hajjami, Le consentement à l’intervention étrangère. Esssai d’évaluation au regard de la pratique récente
- William S. Dodge, Customary International Law, Change, and the Constitution
- David M. Golove & Daniel J. Hulsebosch, The Law of Nations and the Constitution: An Early Modern Perspective
- John Harrison, The Constitution and the Law of Nations
- Thomas H. Lee, The Law of Nations and the Judicial Branch
- Michael D. Ramsey, The Constitution’s Text and Customary International Law
- Paul B. Stephan, Inferences of Judicial Lawmaking Power and the Law of Nations
- Ingrid Wuerth, The Future of the Federal Common Law of Foreign Relations
- Transcript: The Judicial Perspective Panel
- Anthony J. Bellia, Jr. & Bradford R. Clark, Why Federal Courts Apply the Law of Nations Even Though it is Not the Supreme Law of the Land
Wednesday, November 14, 2018
Although politicians and intelligence analysts have criticized Russian interference in the 2016 and 2018 elections, international lawyers seem to be at a loss for how to understand the particular harm posed by this interference. In addition to the hacking of email accounts and disclosure of private information, the most salient aspect of the interference was the use of social media platforms, including Twitter and Facebook, to sow division and heighten nativist tendencies within the electorate. Strictly speaking, the goal of the 2016 interference was to delegitimize a potential Clinton presidency or to help elect Donald Trump as president. But far more important was the method used to accomplish these goals: the impersonation of American citizens during participation in the political process. This latter development points to the real harm of election interference, which has less to do with sovereignty and more to do with the collective right of self-determination. Foreign interference is a violation of the membership rules for political decision-making, i.e., the idea that only members of a polity should participate in elections—not only with regard to voting but also with regard to financial contributions and other forms of electoral participation. Outsiders are free to express their opinions but covertly representing themselves as insiders constitutes a violation of these political norms, which are constitutive of the notion of self-determination, just as much as covertly funneling foreign money to one candidate. The only solution to this form of election interference is transparency, i.e., to expose such interventions for what they are: attempts by foreigners to make political statements while pretending to be Americans. This article ends by cataloguing the mistakes of the Obama Administration in failing to expose this interference in real time—which is the only way to nullify its insidious impact. Ex post investigations, prosecutions, and counter-measures designed to deter future misbehavior are all insufficient to nullify the impact of electoral interference. However, recent efforts by the Justice Department and the FBI, including a new policy codified in the US Attorneys Manual, and contemporaneous indictments of Russians for interference in the 2018 election, suggest that some government actors finally understand that transparency is the only solution to election interference.
- Simeon A. Igbinedion, Human Rights as a Basis for Recovering the Proceeds of Grand Corruption
- Constantinos Yiallourides, Calming the Waters in the West African Region: The Case of Ghana and Côte d'Ivoire
- Esther Gumboh, Rep v. Chimkango: The Application of Kafantayeni to Pre-resentencing Appeals Against the Mandatory Death Penalty in Malawi
- Bright Bazuaye & Alero I. Fenemigho, Universal Jurisdiction Fault Lines and the Immunity of State Officials: A Salutary Warning Before Perdition
- Uzuazo Etemire, A Fresh Perspective on the Human Right to Political Participation and Environmental Decision-Making in Nigeria
- Malebakeng Agnes Forere, Protecting Copyrights and Neighbouring Rights in the Music Industry in Southern Africa: A Need for Regulatory Convergence
- Tom Kabau & Angela Mutema, Implementation of International Obligations on Plant Breeders' Rights in Kenya: Pitfalls and Prospects
- Aisosa Jennifer Isokpan & Ebenezer Durojaye, The Child's Right to Basic Education in Nigeria: A Commentary on the Decision in SERAP v. Nigeria
There are a number of controversies surrounding the International Criminal Court (ICC) in Africa. Critics have charged it with neo-colonial meddling in African affairs, accusing it of undermining national sovereignty and domestic attempts to resolve armed conflict. Here, based on 650 interviews over 11 years, Phil Clark critically assesses the politics of the ICC in Uganda and the Democratic Republic of Congo, focusing particularly on the Court's multi-level impact on national politics and the lives of everyday citizens. He explores the ICC's effects on peace negotiations, national elections, domestic judicial reform, amnesty processes, combatant demobilisation and community-level accountability and reconciliation. In attempting to distance itself from African conflict zones geographically, philosophically and procedurally, Clark also reveals that the ICC has become more politicised and damaging to African polities, requiring a substantial rethink of the approaches and ideas that underpin the ICC's practice of distant justice.
Tuesday, November 13, 2018
- Hanns W. Maull, Introduction: The International Order: A Framework for Analysis
- Bernard Hoekman, The International Trade Order: Performance and Challenges
- Joyeeta Gupta, Climate Change and the Future of International Order
- Iris Hunger, Coping with Public Health Emergencies of International Concern
- William Walker, The International Nuclear Order After the Cold War: Enduring Strengths, Recent Setbacks, Persistent Challenges
- Myriam Dunn Cavelty, Aligning State and Non-State Actors' Security Needs for Order in Cyberspace
- Wolfgang Richter, The European Peace and Security Order at Risk
- Volker Perthes & Hanns W. Maull, The Middle Eastern Regional Order
- Charles E. Morrison, East Asia's Evolving Regional Order and its Global Implications
- Chaesung Chun, Regional Order in East Asia
- Daniel Deudney, Hegemonic Disarray - American Internationalisms and World Disorder
- Marco Overhaus, The United States and Regional Security Orders in the Middle East, East Asia, and Europe
- Zhongying Pang, China and the Struggle Over the Future of International Order
- Daniel Krahl, The Paris Agreement - China's Kind of (International) Order?
- Hanns W. Maull, Conclusions: The Rise and Decline of the Liberal International Order
The purpose of the workshop is to stimulate rich and vibrant engagement with questions of the materiality, material culture, and material implications of international law. The particular focus of this first workshop is on architecture and international law.
Monday, November 12, 2018
- Maximilian Mayer, China's historical statecraft and the return of history
- Afshon Ostovar, Iran, its clients, and the future of the Middle East: the limits of religion
- Serena Simoni, Queens of narco-trafficking: breaking gender hierarchy in Colombia
- Dong Jung Kim, Realists as free traders: the struggle for power and the case against protectionism
- Martin Hearson & Wilson Prichard, China's challenge to international tax rules and the implications for global economic governance
- Thijs van de Graaf & Michael Bradshaw, Stranded wealth: rethinking the politics of oil in an age of abundance
- Nicole George, Liberal–local peacebuilding in Solomon Islands and Bougainville: advancing a gender-just peace?
- David Cadier, Continuity and change in France's policies towards Russia: a milieu goals explanation
- Tom Long, Latin America and the liberal international order: an agenda for research
- Thomas C. Mills, British foreign policy towards Latin America in the twenty-first century: assessing the ‘Canning Agenda’
- Robin Niblett, Rediscovering a sense of purpose: the challenge for western think-tanks
- Christian Reus-Smit, Deborah Welch Larson, Andrew Kydd, Lawrence Freedman, & Nicholas J. Wheeler, Trusting enemies: interpersonal relationships in international conflict
- Dossier Spécial : Public Policy Meets Property Protection
- T. Ruys & D. Bruloot, Public Policy meets Property Protection — Foreword
- S. Marquardt, The role of the High Representative and the European External Action Service in EU sanctions policy
- C. Candelmo, Targeted Sanctions and Liability for Erroneous Listing — Lessons from EU Case-Law
- A. Hofer, Negotiating International Public Policy through the Adoption and Contestation of Sanctions
- L. van den Herik, Sidestepping the Security Council: The Use of Non-UN Sanctions for UN Purposes
- T. Ruys, Reflections on the ‘Global Magnitsky Act’ and the use of targeted sanctions in the fight against grand corruption
- V. Grandaubert, Executing on State Property in Criminal Proceedings
- B. Warwas, Do the Provisions of CETA on the Status of Arbitrators Increase the Legitimacy of the ICS?
- F. Hoffmeister, The EU contribution to the progressive development of institutional aspects in international investment law
- E. De Brabandere, Human Rights Counterclaims in Investment Treaty Arbitration
- K. Bannelier, Obligations de diligence dansle cyberespace : qui a peur de la cyber-diligence ?
- S.B. Traoré & A. Diallo, De la légalité de l’intervention militaire de janvier 2017 en Gambie
Negishi: The International Law Commission Celebrating Its 70th Anniversary: Dresser le bilan pour l’avenir ‘à venir’
- JHHW, Publish and Perish: A Plea to Deans, Faculty Chairpersons, University Authorities; In this Issue
- Sofia Stolk, A sophisticated beast? On the construction of an ‘ideal’ perpetrator in the opening statements of international criminal trials
- Christine Schwöbel-Patel, The ‘Ideal Victim of International Criminal Law
- Line Gissel, A Different Kind of Court: Africa’s Support for the International Criminal Court, 1993-2003
- Alexandra Adams, The Legacy of the International Criminal Tribunals for the Former Yugoslavia and Rwanda and its Contribution to the Definition of Rape
- Symposium: International Law and the First World War - International Law and the End of War
- Randall Lesaffer, Aggression before Versailles
- Markus M. Payk, ‘What We Seek is the Reign of Law’: The Legalism of the Paris Peace Settlement after the Great War
- Roaming Charges
- Roaming Charges: The Crucifixion – Do It Yourself
- Symposium: The Crime of Aggression before the International Criminal Court
- Dapo Akande & Antonios Tzanakopoulos, The Crime of Aggression before the International Criminal Court: Introduction to the Symposium
- Frédéric Mégret, International Criminal Justice as a Peace Project
- Tom Dannenbaum, The Criminalization of Aggression and Soldiers’ Rights
- Tom Ruys, Criminalizing Aggression: How the Future of the Law on the Use of Force Rests in the Hands of the ICC
- Marieke de Hoon, The Crime of Aggression’s Show Trial Catch-22
- Dapo Akande & Antonios Tzanakopoulos, Treaty Law and ICC Jurisdiction Over the Crime of Aggression
- EJIL: Debate!
- Rosa Freedman, UNaccountable: A New Approach to Peacekeepers and Sexual Abuse
- Devika Hovell, UNaccountable: A Reply to Rosa Freedman
- Rosa Freedman, UNaccountable: A Rejoinder to Devika Hovell
- Review Essay
- Gleider Hernández, E Pluribus Unum? A Divisible College? Reflections on the International Legal Profession. Review of Anthea Roberts, Is International Law International?
- Book Reviews
- Louise Arimatsu, reviewing Dianne Otto (ed.), Queering International Law: Possibilities, Alliances, Complicities, Risks
- María-Teresa Gil-Bazo, reviewing Violeta Moreno-Lax, Accessing Asylum in Europe: Extraterritorial Border Controls and Refugee Rights under EU Law
- Velimir Živković reviewing Mavluda Sattorova, The Impact of Investment Treaty Law on Host States: Enabling Good Governance?
- Briefly Noted
- Jörg Fisch, reviewing Stefan Kadelbach, Thomas Kleinlein, and David Roth-Isigkeit (ed.). System, Order, and International Law. The Early History of International Legal Thought from Machiavelli to Hegel
- The Last Page
- The Quality of Mercy, Portia, in William Shakespeare, The Merchant of Venice, Act 4, Scene 1
Sunday, November 11, 2018
- Andrew Phillips, Contesting the Confucian peace: Civilization, barbarism and international hierarchy in East Asia
- Joe Turner, Internal colonisation: The intimate circulations of empire, race and liberal government
- Sophie Harman, Making the invisible visible in International Relations: Film, co-produced research and transnational feminism
- Felix Berenskötter, Deep theorizing in International Relations
- Bentley B. Allan, From subjects to objects: Knowledge in International Relations theory
- Nina Hall & Ngaire Woods, Theorizing the role of executive heads in international organizations
- Debbie Lisle, Failing worse? Science, security and the birth of a border technology
- Laleh Khalili, The infrastructural power of the military: The geoeconomic role of the US Army Corps of Engineers in the Arabian Peninsula
- Andreas Bieler & Jamie Jordan, Commodification and ‘the commons’: The politics of privatising public water in Greece and Portugal during the Eurozone crisis
Sociological analysis of international law begins from the premise that international legal rules and institutions are deeply embedded in the particular socio-cultural features of certain communities. Sociological factors and processes thus form an inseparable dimension of international law, and international law is both affected by and influences such factors and processes. Numerous international legal rules reflect and affect societal factors such as norms, socialization, identity, collective memories and social control. Existing sociological studies of international law essentially emphasize that socio-cultural factors are involved in two primary (and inter-related) dimensions of international law: behavior and knowledge. First, such factors influence the behavior of actors in the international legal system (e.g., via social norms). Second, sociological factors are involved in the production of collective knowledge shared by members of social groups (e.g., via collective memories regarding historical events) which also affect actors' legal behavior. Some eminent sociologists have relatively recently highlighted a third level of social behavior - the cognitive dimension. Cognitive sociology underscores that humans process information existing in our environment (e.g., filtering in/ out some items of information) also according to socio-cultural factors. Cognitive sociology literature generates significant insights regarding the link between socio-cognitive processes and international law; for example, with respect to the impact of culturally embedded categorizations on compliance with international treaties prohibiting racial or gender discrimination.
The draft chapter is structured as follows: Section II exposes the central assumptions of the sociological perspective and introduces the core theoretical approaches in sociological literature. Section III discusses the sociological dimension of international law, highlighting the role of socio-cultural factors in three primary dimensions of international law relating to behavior, knowledge, and cognition. Here we also shed light on the broad contours of earlier scholarship on the sociology of international law. To illustrate the contribution of sociological theories to international legal scholarship, this section also briefly examines the question of the desirable structural design for international legal regimes from the three major sociological theoretical perspectives. Section IV observes some significant recent changes in international investment law and sketches out some thoughts regarding sociological factors that may explain this legal change; underlining the role of strains between values prevailing in the international community and the investment arbitration community, social movements, and social control mechanisms. Section V recaps the main conclusions drawn from the preceding sections.
Natural resources and their effective management are necessary for securing the realisation of human rights. The management of natural resources is linked to broad issues of economic development, as well as to political stability, peace and security, but it is also intimately connected to the political, economic, social and cultural rights of individuals and communities relying on these resources. The management of natural resources often leads to ill-planned development, misappropriation of land, corruption, bad governance, misaligned budget priorities, lack of strong institutional reforms and weak policies coupled with a continued denial of the human rights of local communities.
This book argues that human rights law can play an important role in ensuring a more effective and sustainable management of natural resources, putting forward the idea of a human rights-based normative framework for natural resource management. It offers a comprehensive analysis of the different norms, procedures, and approaches developed under human rights law that are relevant to the management of natural resources. Advocating for a less market and corporate approach to the control, ownership, and management of natural resources, this book supports the development of holistic and coherent integration of human rights law in the overall international legal framework governing the management of natural resources.
Saturday, November 10, 2018
- From the Board: Towards a Social Europe?
- Graham Butler, In Search of the Political Question Doctrine in EU Law
- Mbakiso Magwape, The AfCFTA and Trade Facilitation: Re-Arranging Continental Economic Integration
- Marco Inglese, The Collaborative Economy Legal Conundrum: A Way Forward Through Harmonization
- Lilian Meinen, A ‘Frictionless’ Border for Gibraltar: Stumbling Blocks and Solutions Following Brexit
- Yannis Schlüter, Towards a Court Mandated Harmonization of National Tax Rules Case 552/15, Commission v. Ireland
Call for Submissions: International Organizations throughout the 20th and 21st Centuries: Successes, Failures, Transformations, and Challenges
The upcoming centenary of the foundation of the League of Nations and associated international bodies represents an invitation for historians, sociologists, political scientists, economists, legal experts, and anthropologists to reflect on the origins of the contemporary system of international organizations, its transformations over the past 100 years and the various challenges it faces today. Moreover, recent methodological evolutions as well as increasing accessibility of sources coming directly from within the international organizations, such as archives of international secretariats, private papers of different important actors, but also ethnographic observations inside those organizations, make the aims of this call especially relevant.
The proposed special issue seeks original theoretical, comparative, and case studies providing disciplinary and multidisciplinary perspectives on the history of international organizations in the 20th and 21st centuries. Suggested subthemes and subtopics include the rise of a specific internationalist culture characterizing the milieu of international organizations; the dynamics of their inner transformations and related tensions; the various actors in international organizations, their circulation, exchange, and links to national or local levels; as well as the impact of global political caesuras on the international organizations’ functioning, such as the two world wars and the end of the bipolar world system.
The articles are to be written in English and should be ideally 7,000 to 10,000 words in length. The contributions are to be sent to the editorial team at email@example.com or uploaded via AUC Studia Territorialia journal management system. The authors should consult the submission guidelines for further instructions and style at http:/
/stuter.fsv.cuni.cz /index.php /stuter /about /submissions#onlineSubmissions. All contributions are subject to double-blind peer-review.
Abstract submission deadline: January 15, 2019.
Notification on further status: January 31, 2019.
Article submission deadline: March 31, 2019.
AUC Studia Territorialia is a leading Czech peer-reviewed academic journal focusing on area studies. It covers history, social, political, and economic affairs of the nations of North America, Europe, and post-Soviet Eurasia in the 20th and 21st centuries. The journal is published by the Institute of International Studies of Charles University, Prague. It is indexed, i.a., in the EBSCO, ERIH PLUS and CEEOL databases.
For further inquiries, please feel free to contact the editors at: firstname.lastname@example.org
- Aniel de Beer & Dire Tladi, The prohibition of terrorism as a Jus Cogens norm
- Martha M. Bradley, The ‘intensity’ threshold in article 8(2)(f) of the Rome Statute: the conundrum created by the term ‘protracted armed conflict’ and the possibility of a new category of non-international armed conflict
- Mispa Roux, New era for international criminal law: rethinking the definitions of crimes against humanity and genocide through the scope of its evolution as an outgrowth of war crimes
- Serges Djoyou Kamga, The United Nations system and the realisation of the right to development: challenges and opportunities
- Denning Ngomele Metuge, A critical review of the incorporation of SOLAS survey and certification standards in South African law
- Siqhamo Yamkela Ntola, Africa and the continental shelf beyond 200 nautical miles : developments and challenges
- Yolandi Meyer, Reflections on the UN Working Groups on human rights and transnational corporations
- Annet Wanyana Ogutt, OECD multilateral instrument on treaty-related BEPS measures: benefits, challenges and recommended options for South Africa and other developing countries
Thursday, November 8, 2018
Conference: 30th Anniversary of the Bangalore Principles on the Domestic Application of International Human Rights Norms
This one-day conference marks the 30th anniversary of the Bangalore Principles on the Judicial Application of International Human Rights Law. It will provide an opportunity to hear leading experts, including some of those who participated in the 1988 colloquium, reflect on the legacy of the Bangalore Principles as well as the domestication of international human rights law more broadly.
This event will take a multi-institutional approach to domestication and will consider the judicial application of international human rights norms, as well as the role of parliaments, governments, national human rights institutions and other actors.
At a time of backlash against international standards and institutions, speakers will explore the prospects and challenges for the future. In particular, in the UK context, Brexit and the loss of the EU Charter of Fundamental Rights will provide an opportunity to consider the domestic status of other international human rights obligations post-Brexit.
Mishra: Building Bridges: International Trade Law, Internet Governance, and the Regulation of Data Flows
The regulation of data flows through the internet touches upon various distinct disciplines including internet governance and international trade law. In internet governance, three fundamental principles, namely, internet openness, internet security and internet privacy apply to regulation of internet data flows. Existing evidence suggests that internet privacy and security, when implemented in a reasoned and transparent manner by different stakeholders, enables internet openness – thus, challenging the dominant perspective that cybersecurity and privacy requirements constrain free flow of data. This article introduces a unique perspective by arguing that these three principles (notwithstanding their non-binding nature) play an important role in applying trade law to data restrictive measures, particularly by facilitating a sound framework that balances domestic internet regulation and liberalised data flows, thus contributing to balancing of trade and non-trade policy goals. Given this important relationship between trade and internet governance, this article suggests that different options must be explored to enhance dialogue and coordination between these two policy communities so as to build a sound, balanced and holistic regulatory environment for cross-border data flows.
- Christoph Mikulaschek, Issue linkage across international organizations: Does European countries’ temporary membership in the UN Security Council increase their receipts from the EU budget?
- Matthias Ecker-Ehrhardt, Self-legitimation in the face of politicization: Why international organizations centralized public communication
- Magnus Lundgren, Theresa Squatrito, & Jonas Tallberg, Stability and change in international policy-making: A punctuated equilibrium approach
- Thomas R. Guarrieri, Guilty as perceived: How opinions about states influence opinions about NGOs
- David H. Bearce & Thomas R. Cook, The first image reversed: IGO signals and mass political attitudes
Wednesday, November 7, 2018
- Abu Zubaydah v. Lithuania (Eur. Ct. H.R.), with introductory note by Christina M. Cerna
- MP v. Secretary of State for the Home Department (CJEU), with introductory note by Anne Aagten
- United Nations Security Council Resolution 2379, with introductory note by Scott A. Gilmore