Foreign investors have a privileged position under investment treaties. They enjoy strong rights, have no obligations, and can rely on a highly efficient enforcement mechanism: investor-state dispute settlement (ISDS). Unsurprisingly, this extraordinary status has made international investment law one of the most controversial areas of the global economic order.
This book sheds new light on the topic, by showing that foreign investor rights are not the result of unpredicted arbitral interpretations, but rather the outcome of a world-making project realized by a coalition of business leaders, bankers, and their lawyers in the 1950s and 1960s. Some initiatives that these figures planned for did not emerge, such as a multilateral investment convention, but they were successful in developing a legal imagination that gradually occupied the space of international investment law. They sought not only to set up a dispute settlement mechanism but also to create a platform to ground their vision of foreign investment relations. Tracing their normative project from the post-World War II period, this book shows that the legal imagination of these business leaders, bankers, and lawyers is remarkably similar to present ISDS practice. Common to both is what they protect, such as foreign investors' legitimate expectations, as well as what they silence or make invisible. Ultimate, this book argues that our canon of imagination, of adjustment and potential reform, remains closely associated with this world-making project of the 1950s and 1960s.
Tuesday, January 19, 2021
Perrone: Investment Treaties and the Legal Imagination: How Foreign Investors Play By Their Own Rules
Monday, January 18, 2021
This book examines the legal nature of Islamic states and the human rights they have committed to uphold. It begins with an overview of the political history of Islam, and of Islamic law, focusing primarily on key developments of the first two centuries of Islam. Building on this foundation, the book presents the first study into Islamic constitutions to map the relationship between Sharia and the state in terms of institutions of governance. It then assesses the place of Islamic law in the national legal order of all of today's Islamic states, before proceeding to a comprehensive analysis of those states' adherences to the UN human rights treaties, and finally, a set of international human rights declarations made jointly by Islamic states.
Throughout, the focus remains on human rights. Having examined Islamic law first in isolation, then as it reflects into state structures and national constitutional orders, the book provides the background necessary to understand how an Islamic state's treaty commitments reflect into national law. In this endeavour, the book unites three strands of analysis: the compatibility of Sharia with the human rights enunciated in UN treaties; the patterns of adherence of Islamic states with those treaties; and the compatibility of international Islamic human rights declarations with UN standards. By exploring the international human rights commitments of all Islamic states within a single analytical framework, this book will appeal to international human rights and constitutional scholars with an interest in Islamic law and states. It will also be useful to readers with a general interest in the relationships between Sharia, Islamic states, and internationally recognised human rights.
Call for Submissions: JICJ Symposium on "International Criminal Justice in an 'Age of Misinformation'" (Reminder)
The Association of Young International Criminal Lawyers (YICL) is a non-profit organisation open to all those interested in International Criminal Law (ICL), International Human Rights Law (IHRL), International Humanitarian Law (IHL), Public International Law (PIL), and Criminal Law, irrespective of nationality, background or level of experience.
YICL is a platform on which academicians, practitioners, and students from all around the world can share their knowledge and experience, evaluate and discuss current developments in the field, and work together toward building a global network.
New Issue: Military Law and the Law of War Review / Revue de Droit Militaire et de Droit de la Guerre
- War in Cities: Searching for practical solutions to the contemporary challenges
- Darren Stewart, The conduct of military operations in the urban environment
- Dominique Loye, Urban warfare and the humanitarian concerns of the International Committee of the Red Cross
- Discussion on war in cities: setting the scene
- Randall Bagwell, Preparing for the inevitability of urban warfare
- Valerii Koval, Implementation of practical measures during combat in urban areas: the case of Ukraine
- Andrés Muñoz Mosquera, NATO’s perspective on urban conflicts: recent developments
- Randall Bagwell & Vaios Koutroulis, Discussion on practical implementation of the principle of precaution in urban conflicts
- Pieter van Malderen & Simon Gerard, Legal and operational challenges related to methods and means of warfare in urban conflicts
- Roland Evans, The need for better data in the explosive weapons in populated areas (EWIPA) debate
- Stéphane Kolanowski, Explosive weapons in populated areas
- Paul Berman, Stéphane Kolanowski, Simon Gerard & Pieter van Malderen, Discussion on legal and operational challenges related to methods and means of warfare in urban conflicts
- Patrick Hamilton, Challenges raised by contemporary urban conflicts in humanitarian action: the ICRC perspective
- Ben Klappe, Displacement of civilians during non-international armed conflict
- Ezequiel Heffes, Generating compliance in conflict settings: how to engage armed non-state actors on International Law and live to tell the tale
- Patrick Hamilton, Ben Klappe, Ezequiel Heffes & Emanuela-Chiara Gillard, Discussion on challenges raised by contemporary urban conflicts in humanitarian action
- Georgia Beatty, War crimes in cyberspace: prosecuting disruptive cyber operations under Article 8 of the Rome Statute
- Elliot Winter, The compatibility of the use of autonomous weapons with the principle of precaution in the law of armed conflict
This interdisciplinary exploration of the modern historiography of international law invites a diverse assessment of the indissoluble unity of the old and the new in the most global of all legal disciplines. The study of the history of international law does not only serve a better understanding of how international law has evolved to become what it is and what it is not. Its histories, which rethink the past in the present, also influence our perception of contemporary matters in international law and our understandings of how they may potentially unfold. This multi-perspectival enquiry into the dominant modes of international legal history and its fundamental debates may also help students of both international law and history to identify the historical approaches that best suit their international legal-historical perspectives and best address their historical and legal research questions.
Sunday, January 17, 2021
January 20, 2021: Chimène Keitner (U.C. Hastings Law), “Prosecuting Foreign States”
Commentator: Ingrid Wuerth (Vanderbilt Law School)
February 3, 2021:
Steven Koh (Boston College Law School), “The Criminalization of Foreign Relations”
Commentator: Lauren Ouziel (Temple Law School)
February 17, 2021:
Karima Bennoune (U.C. Davis School of Law), “‘Lest We Should Sleep’: COVID-19 and Human Rights”
March 3, 2021:
Frédéric Mégret (McGill University Faculty of Law), “The Independence of the Judiciary in the Cauldron of International Relations”
Commentator: Michael Byers (Univ. of British Columbia Political Science)
March 24, 2021:
Sarah Nouwen (European University Institute Department of Law), “An International Law on Peacemaking?”
Commentator: Samuel Moyn (Yale Law School)
April 7, 2021:
Máximo Langer (UCLA School of Law), “Migration and the Demand for Transnational Justice”
Commentator: Kathryn Sikkink (Harvard Kennedy School of Government)
April 21, 2021:
Kathleen Claussen (University of Miami School of Law)
Ackermann & Wuschka: Investments in Conflict Zones: The Role of International Investment Law in Armed Conflicts, Disputed Territories, and ‘Frozen’ Conflicts
Investments in Conflict Zones addresses the topical and underexplored role of international investment law in armed conflicts, disputed territories, and ‘frozen’ conflicts. The edited collection explores how these different conflict situations impact the application and interpretation of international investment law and how the protection of investors can be reconciled with the politically charged circumstances and state interests involved. Written by a selected group of experts from different fields of international law, the volume moves beyond the confines of investment law, offering novel insights on its intersection with the law of armed conflict, human rights law, the law of the sea, general international law and national laws, including those adopted by de facto regimes which lack recognition as states.
This comprehensive Research Handbook examines the continuum between private ordering and state regulation in the lex mercatoria. It highlights constancy and change in this dynamic and evolving system in order to offer an in-depth discussion of international commercial contract law.
International scholars, from a range of jurisdictions and legal cultures across Africa, North America and Europe, dissect a plethora of contract types, including sale, insurance, shipping, credit, negotiable instruments and agency, against the backdrop of key legal regimes commonly chosen in international agreements. These include: the UN CISG, Unidroit PICC, European DCFR and English law. The Research Handbook examines key general principles in commercial contract law, such as interpretation, good faith, remedies for breach and choice of law clauses from an international perspective. It also engages with various emerging aspects of internet contracting, including smart contracts.
Our oceans are suffering under the impacts of climate change. Despite the critical role that oceans play in climate regulation, international climate law and the law of the sea are developed as two different, largely separate, legal regimes. The main objective of this book is to assess how the law of the sea can be interpreted, developed and applied to support the objectives of the United Nations Climate Regime. By identifying the potential and constraints of the law of the sea regime in supporting and complementing the climate regime in the mitigation of and adaptation to climate change, this book offers a new perspective on the law of the sea and its capacity to evolve to respond to systemic challenges, and its potential to adapt and ensure a resilient and sustainable future.
The Belt and Road Initiative (BRI) has brought with it an unprecedented number of agreements. BRI agreements consist of primary agreements (particularly MOUs) and secondary agreements (like performance agreements). They are a distinct, landmark feature of the BRI. Focusing on primary agreements and their close link with secondary agreements, this paper explores the following questions: What are the legal status and characteristics of primary agreements? Why are they adopted by China? What challenges do they face? BRI primary agreements can be regarded as a form of soft law, but as one that repurposes soft law characteristics for project development rather than rule development. BRI primary agreements feature the unique characteristics of (i) minimal legalization, (ii) a coordinated, project-based nature, and (iii) hub-and-spoke network structure. While BRI primary agreements benefit from the advantages of soft law (e.g., reduced contracting costs, flexibility), they face challenges including those concerning underlying interests and their effectiveness.
Longobardo: The Legality of Closure on Land and Safe Passage between the Gaza Strip and the West Bank
This article explores the legality of the land closure imposed upon the Gaza Strip by Israel. After having considered the area under occupation, the article argues that the legality of the closure must be determined under international humanitarian law, international human rights law, the principle of self-determination of peoples, and the Israeli- Palestinian agreements. In light of these rules, the arbitrary closure of the Gaza Strip should be considered illegal because it breaches the unity between the Gaza Strip and the West Bank and because it violates the freedom of movement of the local population. Moreover, the closure breaches the relevant rules pertaining to the transit of goods in occupied territory. This article concludes that most of the violations caused by the closure affect peremptory rules which produce obligations erga omnes, so that any state in the international community is entitled to react under the law of state responsibility.
Saturday, January 16, 2021
This timely Research Handbook explores the concept of polar law as a coherent body of law and as a set of rules and principles that applies to both the Arctic and Antarctic. It captures the evolution of polar law and policy, identifying future directions for research in this emerging and growing field.
Expert international contributors analyse the concept of polar law across a range of areas including human rights, bioprospecting, tourism, environmental protection and fisheries management. They examine how Antarctic and Arctic regional regimes contribute to polar law, scrutinizing international treaties, agreements and arrangements. With a focus on the evolution of polar law in the context of the Anthropocene, chapters cover key issues related to the poles, such as climate change, minerals exploration and boundary disputes. Demonstrating the benefits of polar as opposed to bipolar law, this Research Handbook provides a critical assessment of contemporary challenges to the field.
- Louise Wiuff Moe, The Dark Side of Institutional Collaboration: How Peacekeeping-counterterrorism Convergences Weaken the Protection of Civilians in Mali
- Fernando Rodrigues Goulart, Blue Helmets, Armed Groups, and Peace at Stake: Does Combat Motivation Matter for Robust Peacekeeping to Succeed?
- Philipp Lottholz, The Roles and Practices of Civil Society Actors in Police Reform in Kyrgyzstan: Activism, Expertise, Knowledge Production
- Arif Saba & Shahram Akbarzadeh, The ICC and R2P: Complementary or Contradictory?
- Jessica Moody, Reaching for the Impossible?: Coordinating DDR and Transitional Justice in Post-Conflict Côte d’Ivoire
- Nicole Jenne & Fiorella Ulloa Bisshopp, Female Peacekeepers: UNSC Resolution 1325 and the Persistence of Gender Stereotypes in the Chilean Armed Forces
New Podcast Episodes: "Hablemos de Derecho Internacional" on the Prohibition and Non-Proliferation of Nuclear Weapons
Conference: The ICC's Contribution to the Development and Enforcement of International Humanitarian Law
- Editorial Comments
- Curtis A. Bradley, Conflicting Approaches to the U.S. Common Law of Foreign Official Immunity
- Laurence R. Helfer, Rethinking Derogations from Human Rights Treaties
- Zachary Mollengarden & Noam Zamir, The Monetary Gold Principle: Back to Basics
- Current Developments
- Lauri Mälksoo, International Law and the 2020 Amendments to the Russian Constitution
- International Decisions
- Weihuan Zhou & Delei Peng, Australia—Anti-Dumping Measures on A4 Copy Paper
- Brian McGarry, Republic of Slovenia v. Republic of Croatia
- Beatrice A. Walton, Nevsun Resources Ltd. v. Araya
- Contemporary Practice of the United States Relating to International Law
- Kristen Eichensehr, Contemporary Practice of the United States Relating to International Law
- Recent Books on International Law
- Henry J. Richardson, The Limits of Human Rights Limits
- B.S. Chimni, reviewing Modernizing the UN Human Rights System, by Bertrand G. Ramcharan
- Beth Van Schaack, reviewing The Military Commander's Necessity: The Law of Armed Conflict and Its Limits, by Sigrid Redse Johansen
- Neha Jain, reviewing The Art of Law in the International Community, by Mary Ellen O'Connell
- Ido Kilovaty, reviewing Cyber Operations and International Law, by François Delerue
Thursday, January 14, 2021
Nouwen, James, & Srinivasan: Making and Breaking Peace in Sudan and South Sudan: The Comprehensive Peace Agreement and Beyond
Sudan's Comprehensive Peace Agreement of 2005 ended over two decades of civil war and led to South Sudan's independence. Peacemaking that brought about the agreement and then sought to sustain it involved, alongside the Sudanese, an array of regional and western states as well as international organisations. This was a landmark effort to create and sustain peace in a war-torn region. Yet in the years that followed, multiple conflicts continued or reignited, both in Sudan and in South Sudan. Peacemaking attempts multiplied. Authored by both practitioners and scholars, this volume grapples with the question of which, and whose, ideas of peace and of peacemaking were pursued in the Sudans and how they fared. Bringing together economic, legal, anthropological and political science perspectives on over a decade of peacemaking attempts in the two countries, it provides insights for peacemaking efforts to come, in the Sudans and elsewhere.
- Marcus Teo, Public law adjudication, international uniformity and the foreign act of state doctrine
- Guillaume Laganière, Local polluters, foreign land and climate change: the myth of the local action rule in Canada
- Saloni Khanderia, Practice does not make perfect: Rethinking the doctrine of “the proper law of the contract” – A case for the Indian courts
- Konstantinos D. Voulgarakis, Reflections on the scope of “EU res judicata” in the context of Regulation 1215/2012
- Kah-Wai Tan, All that glisters is not gold? Deconstructing Rubin v Eurofinance SA and its impact on the recognition and enforcement of foreign insolvency judgments at common law
- Bashayer Alghanim, The enforcement of foreign judgments in Kuwait
- Pontian N. Okoli, The fragmentation of (mutual) trust in Commonwealth Africa – a foreign judgments perspective
- Andrew Moran & Anthony Kennedy, When considering whether to recognise and enforce a foreign money judgment, why should the domestic court accord the foreign court international jurisdiction on the basis that the judgment debtor was domiciled there? An analysis of the approach taken by courts in the Republic of South Africa
- Richard Frimpong Oppong, The dawn of the free and fair movement of foreign judgments in Africa?
Wednesday, January 13, 2021
- Special Issue: Informal governance in world politics
- Oliver Westerwinter, Kenneth W. Abbott, & Thomas Biersteker, Informal governance in world politics
- Erasmus Kersting & Christopher Kilby, Do domestic politics shape U.S. influence in the World Bank?
- Bernhard Reinsberg & Oliver Westerwinter, The global governance of international development: Documenting the rise of multi-stakeholder partnerships and identifying underlying theoretical explanations
- Melissa Carlson & Barbara Koremenos, Cooperation Failure or Secret Collusion? Absolute Monarchs and Informal Cooperation
- Oliver Westerwinter, Transnational public-private governance initiatives in world politics: Introducing a new dataset
- Lisa L. Martin, Formality, typologies, and institutional design
- Symposium: Taxation, Revenue, and Fiscal Capacity
- Florian M. Hollenbach, Christine S. Lipsmeyer, & Guy D. Whitten, Introduction
- Florian M. Hollenbach, Elite interests and public spending: Evidence from Prussian cities
- Pablo Beramendi & Melissa Rogers, Disparate geography and the origins of tax capacity
- Laura Seelkopf, Moritz Bubek, Edgars Eihmanis, Joseph Ganderson, Julian Limberg, Youssef Mnaili, Paula Zuluaga & Philipp Genschel, The rise of modern taxation: A new comprehensive dataset of tax introductions worldwide
- Yearbooks in International Law: History, Function and Future
- Otto Spijkers, Wouter G. Werner & Ramses A. Wessel, The Phenomenon of Yearbooks in International Law: An Introduction
- Matilda Arvidsson, The ‘Turn to History’ and the Year of the Yearbook of International Law
- John D. Haskell, A Case in the Politics of Form: Yearbooks of International Law
- Sara Kendall, Archiving Legality: The Imperial Emergence of the International Law Yearbook
- Jan Klabbers, On Yearbooks
- Part II Contributions by Yearbooks of International Law Fatsah Ouguergouz, African Yearbook of International Law: A Quarter-Century of Contribution to the Development and Dissemination of International Law
- Donald R. Rothwell, Australian Year Book of International Law
- John H. Currie, The Canadian Yearbook of International Law/Annuaire canadien de droit international: Founding, Function, Future
- Ying-jeou Ma, Chun-i Chen & Pasha L. Hsieh, Chinese (Taiwan) Yearbook of International Law and Affairs: Contributing to the Grotian Moment in Asia
- Pavel Šturma, Czech Yearbook of Public and Private International Law on the Occasion of Its 10th Anniversary: Achievements and Perspectives
- Zeray Yihdego, Melaku Desta & Martha Belete, Ethiopian Yearbook of International Law: Towards Diversifying and Democratizing Voices in the Making and Development of International Law
- Tuomas Tiittala, Finnish Yearbook of International Law—Past, Present, and Future
- Mathias Forteau, Annuaire Français de Droit International .................... 137 Andreas von Arnauld & Daley J. Birkett, German Yearbook of International Law: Origins, Development, Prospects
- Marcel Szabó, The Past, Present and Future of the Hungarian Yearbook of International Law and European Law—An Evolving Story
- Arie Afriansyah & Hadi Rahmat Purnama, Indonesia and the Absence of a Yearbook on International Law
- Riccardo Pavoni, Italian Yearbook of International Law: Genesis, Development and Prospects
- Keiichiro Niikura & Koichi Morikawa, The Development and Future of the Japanese Yearbook of International Law: From Japanese Perspectives to International Academic Forums
- Manuel Becerra-Ramirez, Mexican Yearbook of International Law: A Concept for Researching, Disseminating, and Teaching International Law
- Otto Spijkers & Dimitri Van Den Meerssche, ‘There Was an Idealism that This Information is Useful’—The Origins and Evolution of the Netherlands Yearbook of International Law
- Ata R. Hindi, The Palestine Yearbook of International Law: A Medium for a Principled International Law on Palestine and the Palestinian People
- Lukasz Gruszczynski & Karolina Wierczyńska, Polish Yearbook of International Law: A History of Constant Change and Adaptation
- Eugenia López-Jacoiste & María José Cervell Hortal, Anuario Español de Derecho Internacional: History, Functions and Future
- Bence Kis Kelemen, Right to Self-Defense to Recover Occupied Territory? A Glance at the Nagorno-Karabakh Conflict
- Nives Mazur-Kumrić & Ivan Zeko-Pivač, The EU as a Global Trendsetter in the Fight Against Climate Change: Is a Climate-Neutral Europe by 2050 Feasible?
- Sandra Fabijanić Gagro, The Implementation of the Responsibility to Protect when the Protection of Children in Armed Conflicts within the UN System is Concerned – Who is Responsible?
- Petra Ágnes Kanyuk, Magic is not in it Staying the Same, but in the Changes–Legal Harmonisation of Substantive Criminal Law in the European Union and its Appearance in Hungarian Criminal Law
- Tomáš Strémy & Lilla Ozoráková, The New Act Amending the Criminal Legislation in Slovakia and the Possible Impact of the New Crime of Abuse of Law on the Independence of the Judiciary
- Upal Aditya Oikya, Atrocities against Religious Minorities of Bangladesh: Can we Address it as Genocide?
- Ágoston Mohay, The Responsibility of International Organisations and their Member States: an Overview of Outstanding Questions of Interpretation
Genocide is the "crime of crimes", whose legal definition remained unchanged on the international plane since the adoption of the 1948 Genocide Convention. Hitherto it has been assumed that with some minor modifications domestic definitions of the crime of genocide mirror the internationally accepted definition. However, after conducting for the first time a comprehensive review of the domestic criminal laws of 196 countries (all 193 UN Member States and the Holy See, Kosovo, and Palestine) and the Special Administrative Region of Macao, this article found that the differences are actually much more significant than hitherto assumed, since 100 countries and the Special Administrative Region of Macao have opted to change – through their national implementations – at least some aspects of the internationally-recognized definition of genocide, often significantly expanding or limiting the scope of application of the crime.
This chapter classifies these changes, proposes some potential explanations why so many countries opted to stray from the international definition and draws some preliminary conclusions of their potential ramifications.