Wednesday, November 25, 2015
Boom: Impunity of Military Peacekeepers: Will the UN Start Naming and Shaming Troop Contributing Countries?
- Hugo Gabriel Romero Martínez, The New Member of the Multilateral Agreements on Trade in Goods: the WTO Agreement on Trade Facilitation. Its Substantive Provisions
- Andrea Marín Odio, Global Value Chains in High Value-Added Services and Their Impact on the Trade and Economic Development of Costa Rica
- Carlos Riquelme, Transfer of Funds Clause in Chilean International Investment Treaties
- Perla Buenrostro Rodríguez & Lorena Rivera Orjuela, Together, Separate or the Free Way? What Are the Real Options for Trade Integration in Latin America?
- Nino Sievi, Facing Defaulting Respondent: A Challenge for the Arbitrators and Claimant
- Sebastián F. Bórquez Becker, “Amicus Curiae”: A Comparative Research of the WTO Dispute Settlement System and International Investment Arbitration
- Matthew Rimmer, Mike Lloyd, George Mokdsi, Doris Spielthenner & Ewan Driver, Intellectual Property and Biofuels: The Energy Crisis, Food Security, and Climate Change
- Thaddeus Manu, Examining the Legality of Affordability Requirements as a Substantive Condition for Granting Compulsory Licences Pursuant to the TRIPS Agreement
- Naazima Kamardeen, Community Rights to Intellectual Property in Asia—From Rhetoric to Consensus
- Rene Urueña, Indicators as Political Spaces
- Lina Buchely, The Conflict of the Indicators
- Michael Riegner, Towards an International Institutional Law of Information
- Siobhán Airey, The Taming of the Shrill: From Indicators to Indicatorization
- Marie Guimezanes, An Inquiry into the Life and Death of Indicators
- Marta Infantino, Human Rights Indicators across Institutional Regimes
- Arman Sarvarian, Splitting the Baby
- Claire La Hovary, A Challenging Ménage à Trois?
- Alberto E. Dojas, The Privileges and Immunities of the Organization for the Prohibition of Chemical Weapons
- Gearoid Millar, “We Have No Voice for That”: Land Rights, Power, and Gender in Rural Sierra Leone
- Eduard Jordaan, Rising Powers and Human Rights: The India-Brazil-South Africa Dialogue Forum at the UN Human Rights Council
- Austin Choi-Fitzpatrick, From Rescue to Representation: A Human Rights Approach to the Contemporary Antislavery Movement
- Moira Katherine Lynch, A Theory of Human Rights Accountability and Emergency Law: Bringing in Historical Institutionalism
- Why Holocaust Education Is Not Always Human Rights Education Anja Mihr
- Sebastian Wogenstein, Holocaust Education and Human Rights Education Reconsidered: A Response to Anja Mihr
Tuesday, November 24, 2015
- Geoff Gilbert, Why Europe Does Not Have a Refugee Crisis
- Andreas Schloenhardt & Colin Craig, ‘Turning Back the Boats’: Australia’s Interdiction of Irregular Migrants at Sea
- Tom de Boer & Marjoleine Zieck, ICC Witnesses and Acquitted Suspects Seeking Asylum in the Netherlands: An Overview of the Jurisdictional Battles between the ICC and Its Host State
- Andrew Stobo Sniderman, Explaining Delayed Cessation: A Case Study of Rwandan Refugees in Zimbabwe
- Rosemary Byrne, The Protection Paradox: Why Hasn’t the Arrival of New Media Transformed Refugee Status Determination?
- Uwe Berlit, Harald Doerig, & Hugo Storey, Credibility Assessment in Claims based on Persecution for Reasons of Religious Conversion and Homosexuality: A Practitioners Approach
The UN treaty body reform process started with consultations initiated by the UN High Commissioner for Human Rights in 2009. Following the publication of a report by the High Commissioner, the process was concluded in 2014 by a UN General Assembly resolution (A/RES/68/268). The result included additional meeting time for the treaty bodies, harmonization of procedures, increased resources to the treaty body system, and capacity-building to assist member states in their implementation of their international obligations.
As concerns the ECtHR, a reform process has also been going on for several years, guided by the ministerial conferences in Interlaken (2010), Izmir (2011), Brighton (2012) and Brussels (2015). By the end of 2015 the Steering Committee for Human Rights will adopt a report on the long-term future of the convention system.
The conference will discuss these two reforms processes mentioned above focusing on:
1) The procedure of selection of members and judges
2) Potential solutions to the case load situation
3) The quality of reasoning
4) Margin of appreciation and subsidiarity
Armed conflicts are a major cause of forced displacement, but people displaced by conflict are often not recognised as refugees under the 1951 Refugee Convention. They are frequently considered as having fled from generalised violence rather than from persecution.
This book determines the international meaning of the refugee definition in Article 1A(2) of the 1951 Refugee Convention as regards refugee protection claims related to situations of armed conflict in the country of origin. Although the human rights-based interpretation of the refugee definition is widely accepted, the interpretation and application of the 1951 Refugee Convention as regards claims to refugee status that relate to armed conflict is often marred with difficulties. Moreover, contexts of armed conflict pose the question of whether and to what extent the refugee definition should be interpreted in light of international humanitarian law. This book identifies the potential and limits of this interpretative approach.
Starting from the history of international refugee law, the book situates the 1951 Refugee Convention within the international legal framework for the protection of the individual in armed conflict. It examines the refugee definition in light of human rights, international humanitarian law and international criminal law, focusing on the elements of the refugee definition that most benefit from this interpretative approach: persecution and the requirement that the refugee claimant’s predicament must be causally linked to race, religion, nationality, membership of a particular social group or political opinion.
Asian states are the least likely of any regional grouping to be party to most international obligations or to have representation reflecting their number and size in international organizations. This is despite the fact that Asian states have arguably benefited the most from the security and economic dividends provided by international law and institutions. The article explores the reasons for Asia’s under-participation and under-representation. Part I traces the history of Asia’s engagement with international law. Part II assesses Asia’s current engagement with international law and institutions, examining whether its under-participation and under-representation is in fact significant and how it might be explained. Part III considers possible future developments based on three different scenarios, referred to here as status quo, divergence, and convergence.
- Philip Alston & Sarah Knuckey, The Transformation of Human Rights Fact-Finding: Challenges and Opportunities
- Frédéric Mégret, Do Facts Exist, Can they Be 'Found', and Does it Matter?
- Obiora Okafor, International Human Rights Fact-Finding Praxis: A TWAIL Perspective
- Dustin N. Sharp, Human Rights Fact-Finding and the Reproduction of Hierarchies
- Fionnuala Ní Aoláin,The Gender Politics of Fact-Finding in the Context of the Women, Peace and Security Agenda
- Daniel Bonilla, Legal Clinics in the Global North and South: Between Equality and Subordination
- Théo Boutruche, The Relationship between Fact-Finders and Witnesses in Human Rights Fact-Finding: What Place for the Victims?
- Shreya Atrey, The Danger of a Single Story: Introducing Intersectionality in Fact-Finding
- Rosette Muzigo-Morrison, Victims and Witnesses in Fact-Finding Commissions: Pawns or Principal Pieces?
- Daniel Rothenberg, The Complex Truth of Testimony: A Case Study of Human Rights Fact-Finding in Iraq
- Laura Marschner, Implications of Trauma on Testimonial Evidence in International Criminal Trials
- Larissa van den Herik & Catherine Harwood, Commissions of Inquiry and the Charm of International Criminal Law: Between Transactional and Authoritative Approaches
- Carsten Stahn & Dov Jacobs, The Interaction between Human Rights Fact-Finding and International Criminal Proceedings: Towards a (New) Typology
- Pablo de Greiff, Truth without Facts: On the Erosion of the Fact-Finding Function of Truth Commissions
- Taylor Pendergrass, Human Rights Fact-Finding in the Shadows of America's Solitary Confinement Prisons
- Margaret L. Satterthwaite & Justin C. Simeone, A Conceptual Roadmap for Social Science Methods in Human Rights Fact-Finding
- Brian Root, Numbers are Only Human: Lessons for Human Rights Practitioners from the Quantitative Literacy Movement
- Allison Corkery, Investigating Economic, Social, and Cultural Rights Violations
- Molly K. Land, Democratizing Human Rights Fact-Finding
- . Patrick Ball, The Bigness of Big Data: Samples, Models, and the Facts We Might Find When Looking at Data
- Jay D. Aronson, Mobile Phones, Social Media, and Big Data in Human Rights Fact-Finding: Possibilities, Challenges, and Limitations
- Susan R. Wolfinbarger, Remote sensing as a Tool for Human Rights Fact-Finding
- Patrick Meier, Big (Crisis) Data: Humanitarian Fact-Finding with Advanced Computing
- Diane Orentlicher, International Norms in Human Rights Fact-Finding
- Rob Grace & Claude Bruderlein, Developing Norms of Professional Practice in the Domain of Monitoring, Reporting, and Fact-Finding
Monday, November 23, 2015
- Lisa Vanhala, The Diffusion of Disability Rights in Europe
- Reza Afshari, Relativity in Universality: Jack Donnelly’s Grand Theory in Need of Specific Illustrations
- Anne T. Gallagher & Joy Ngozi Ezeilo, The UN Special Rapporteur on Trafficking: A Turbulent Decade in Review
- Bas de Gaay Forman & Michela Marcatelli, Between Soft Legality and Strong Legitimacy: A Political Economy Approach to the Struggle for Basic Entitlements to Safe Water and Sanitation
- Fernand de Varennes & Elżbieta Kuzborska, Human Rights and a Person’s Name: Legal Tends and Challenges
- Rhoda E. Howard-Hassmann, The Right to Food Under Hugo Chávez
- Orla Kelly, Jacqueline Bhabha, & Aditi Krishna, Champions: The Realities of Realizing the Right to Education in India
- Jody Heymann, Kristen McNeill, & Amy Raub, Rights Monitoring and Assessment Using Qualitative Indicators of Law and Policy: International Covenant on Economic, Social and Cultural Rights
IGPS Interest Group Agora Proposal
International Legal Advice and Decision Making in Times of Crisis
The title of the Agora would be ‘International Legal Advice and Decision Making in Times of Crisis’. The Agora would explore how International Law shapes decision making in times of crisis and indeed how international law is shaped by times of crisis. The Agora would explore this aspect primarily through case studies of actual conflicts, where Governments have either acted to respond to an armed attack or initiated an armed attack.
Examples that papers might canvass include:
- the US response to the 9/11 attacks
- the decision by Western Governments to intervene in Iraq
- the Rules of Engagement under which various UN peacekeeping operations have been conducted in places like Srebrenica, Rwanda or the Congo, or
- the response to the Paris attacks.
In particular, we are seeking papers that analyse how international law shaped the ultimate decisions taken by Governments or how Governments have acted to shape international law in response to a crisis. This could include how international law may have acted to contain options or how a crisis led to an active or passive reshaping of international law.
Papers will be considered by a co-ordinator on behalf of the Board of the Interest Group on Peace and Security, which would ultimately consider and approve paper proposals.
To be considered for this Agora please submit an abstract in Word or PDF of no more than 400 words to firstname.lastname@example.org. The following information must be provided with each abstract:
- the author’s name and affiliation
- the author’s email address
- whether the author is an ESIL member, and
- whether the abstract should be considered for the ESIL Young Scholar Prize.
The following selection criteria are drawn from the criteria for acceptance to the ESIL annual conference:
- originality and innovativeness of the work
- links to the conference theme
- geographical and gender balance
- only one abstract per author will be considered.
Abstracts will also be selected on the additional basis of their alignment with the description and objectives of the Agora. Inquiries about the Agora may be directed to email@example.com.
The deadline for submission of abstracts is 18 December 2016. Applicants will be informed of the decision on the proposed papers for the Agora no later than 25 January 2015. The Interest Group on Peace and Security will then submit the proposal for the additional Agora to the ESIL conference organisers by 31 January 2016. We expect to receive a response by 31 March 2016, which we will then subsequently communicate to the Members of the Interest Group.
Interest Groups are unable to provide funding for travel to and attendance at the conference. Please see the call for papers and the ESIL web site for information on finances and for other relevant information about the conference.
- Research Articles
- Ricardo Ffrench-Davis, Kevin P. Gallagher, Mah-Hui Lim & Katherine Soverel, Financial Stability and the Trans-Pacific Partnership: Lessons from Chile and Malaysia
- Nancy Birdsall & Christian J. Meyer, The Median is the Message: A Good Enough Measure of Material Wellbeing and Shared Development Progress
- Ariel Colonomos, Is there a Future for ‘Jus ex Bello’?
- Kjell Engelbrekt, Responsibility Shirking at the United Nations Security Council: Constraints, Frustrations, Remedies
- Margi Prideaux, Wildlife NGOs: From Adversaries to Collaborators
- Peter Sarlin & Henrik J. Nyman, The Process of Macroprudential Oversight in Europe
- Robert T. Kudrle, Expatriation: A Last Refuge for the Wealthy?
- Achim Hildebrandt, What Shapes Abortion Law? – A Global Perspective
- Special Section: Accountability in International Development Finance
- Kate Macdonald & May Miller-Dawkins, Accountability in Public International Development Finance
- Lídia Cabral & Iara Leite, ProSAVANA and the Expanding Scope of Accountability in Brazil's Development Cooperation
- Samantha Balaton-Chrimes & Fiona Haines, The Depoliticisation of Accountability Processes for Land-Based Grievances, and the IFC CAO
- Susan Park, Assessing Accountability in Practice: The Asian Development Bank's Accountability Mechanism
- Survey Article
- Sander Chan, Harro van Asselt, Thomas Hale, Kenneth W. Abbott, Marianne Beisheim, Matthew Hoffmann, Brendan Guy, Niklas Höhne, Angel Hsu, Philipp Pattberg, Pieter Pauw, Céline Ramstein & Oscar Widerberg, Reinvigorating International Climate Policy: A Comprehensive Framework for Effective Nonstate Action
- Practitioners' Special Section: Sustainable Business in the Stakeholder Era
- Arved Lüth, Power and Purpose: Harnessing Stakeholder Partnerships for the Great Transformation
- Mervyn E. King, The Role of Integrated Thinking in Changing Corporate Behaviour
- Nelmara Arbex, Empowered by Transparency: Shaping Business for the Future
- Yvonne Zwick, The Sustainability Code – A New Approach Linking Economy and Society towards Sustainability
- CB Bhattacharya, Stakeholder-centricity a Precondition to Managing Sustainability Successfully
- Nadine-Lan Hönighaus & Thorsten Pinkepank, Stakeholder Relations Matter: You Need to Count on Them – But it's Hard to Count Them
- Anne Wolf & Ronny Kaufmann, Licence to Operate – Ingredients for Successful and Sustainable Stakeholder Management
- Dietlind Freiberg, If Stakeholders Ruled the World: Stakeholder Relations in the 21st Century
- Emilio Galli Zugaro, When Listening Improves Corporate Success
- João Duarte, ‘Communicative Equations’: Towards a More Agile PR Practice in the Network Society
- Jon White, How Much Attention to Stakeholder Interests? A Practitioner's View of the Need to Take Account of Stakeholder Interests
- Toni Muzi Falconi, Take Your Time…And Listen
- Creating Shared Value by Fostering Regional Development: The ‘Partners in Responsibility‘ Method for SME Arved Lüth & Marcel Stierl
- Practitioner Commentaries
- Madeleine K. Albright & Ibrahim A. Gambari, The UN at 70: Confronting the Crisis of Global Governance
- Mukul Sanwal & Bo Wang, China and India and the New Climate Regime: The Emergence of a New Paradigm
- Mohamed Mansour, Financing Energy Efficiency and Renewable Energy Projects in Egypt
- Noemi Manco, The European Court Of Human Rights: A ‘Culture of Bad Faith’?
In this chapter, we canvass some key aspects of the evidentiary practice of the World Court, with particular emphasis on recent developments. Our ambition is to provide insight into both the Court’s jurisprudential pronouncements on important evidentiary matters, and its institutional culture and practice as regards the management and treatment of evidence. This chapter begins by mapping out the evidentiary framework governing the Court’s work, with reference to relevant provisions, before turning to the admissibility of evidence before the Court. Ultimately, this contribution recalls and explores select substantive pronouncements of the Court on matters of evidence.
Sunday, November 22, 2015
- Fiona S. Cunningham & M. Taylor Fravel, Assuring Assured Retaliation: China's Nuclear Posture and U.S.-China Strategic Stability
- Revisiting Neorealist Theory
- Joseph M. Parent & Sebastian Rosato, Balancing in Neorealism
- Daniel Bessner & Nicolas Guilhot, How Realism Waltzed Off: Liberalism and Decisionmaking in Kenneth Waltz's Neorealism
- Stefano Costalli & Andrea Ruggeri, Indignation, Ideologies, and Armed Mobilization: Civil War in Italy, 1943–45
- Emil Aslan Souleimanov & Huseyn Aliyev, Blood Revenge and Violent Mobilization: Evidence from the Chechen Wars
- Ronan Tse-min Fu, David James Gill, Eric Hundman, Adam P. Liff, & G. John Ikenberry, Looking for Asia's Security Dilemma
- Daniel Wei L. Wang, Right to Health Litigation in Brazil: The Problem and the Institutional Responses
- Yu Kanosue, When Land is Taken Away: States Obligations under International Human Rights Law Concerning Large-Scale Projects Impacting Local Communities
- Lutz Oette, Austerity and the Limits of Policy-Induced Suffering: What Role for the Prohibition of Torture and Other Ill-Treatment?
- Lisa Grans, The State Obligation to Prevent Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment: The Case of Honour-Related Violence
- Natasa Mavronicola, Crime, Punishment and Article 3 ECHR: Puzzles and Prospects of Applying an Absolute Right in a Penal Context
- Matthew Saul, The European Court of Human Rights’ Margin of Appreciation and the Processes of National Parliaments
Saturday, November 21, 2015
Failings of the International Court of Justice critically examines the jurisprudence of the International Court of Justice. Even though the legal instrument that establishes the Court provides that its judgments have no formal precedential value, those judgments are treated as authoritative by international lawyers throughout the world. In this book, A. Mark Weisburd argues that the Court's decisions are, in a large minority of cases, poorly reasoned and doubtful as a matter of law, and therefore ought not to be accorded the deference they receive.
The book seeks to demonstrate its thesis by a careful review of the Court's errors. It begins with an examination of the law that created and empowered the Court. It then describes the body of law upon which the Court was intended to base its decisions, and the mistakes in the arguments supporting the Court's drawing legal rules from other sources. The book goes on to analyze in detail cases in which the Court has made serious legal errors, first addressing procedural errors, then turning to mistakes in the application of substantive international law. The book closes with a quantitative summing up of the Court's performance, and a tentative explanation for its relatively disappointing record.
Friday, November 20, 2015
- Hélène Raspail, Nationalité et droit d'asile
- Laurent Trigeaud, L'influence des reconnaissances d'Etat sur la formation des engagements conventionnels
- Florian Aumond, Les petits Etats insulaires en développement
- Pablo A. Fernández-Sánchez, La controversia sobre la titularidad jurídico-internacional de los espacios marítimos adyacentes a Gibraltar
- Marta Requejo Isidro, Le ejecución sin exeguátur: reflexiones sobre el Reglamento Bruselas I bis, Capítulo III
- Ana Fernández Pérez, Funciones de las cláusulas de excepción en el proceso de localización de la norma en conflicto
- Sixto Alfonso Sánchez Lorenzo, Derechos humanos y competencia exclusiva del Estado en materia de nacionalidad
- Emmanuel Gaillard, Sociologie de l’arbitrage
- Yann Kerbrat, Sandrine Maljean-Dubois, & Matthieu Wemäere, Conférence internationale de Paris sur le climat en décembre 2015 : comment construire un accord évolutif dans le temps ?
- Enguerrand Serrurier, Déclin, résistance et perspectives du droit français dans la compétition juridique mondiale
China and International Commercial Dispute Resolution presents important contributions from eminent legal scholars from Europe, the United States, Australia, South America, and China in a variety of areas of international commercial law with relevance to China. The authors provide expert analyses from a number of perspectives – doctrinal, comparative, empirical, economic, and legal – on an array of issues, private and public, involved in or arising from international commercial dispute resolution in China.
A detailed critical analysis of the CISG, OHADA and CESL as models for the harmonisation of sales laws in the SADC region. The study is cutting edge research on SADC and the application of its legal and institutional framework towards creating and implementing community laws. This study focuses on the need to harmonise the law of international sale within the SADC region in order to facilitate international trade with the aim of fostering regional integration, economic development and alleviating poverty. This study addresses the mechanisms by which such harmonisation could be achieved by analysing three models which have been selected for this purpose, namely the CISG, the OHADA and the proposed CESL. The main issues addressed include whether SADC Member States should adopt the CISG, join OHADA, emulate the CESL or should use any of the other instruments as a model for creating a harmonised sales law for SADC. In conclusion, it is observed that SADC has its own institutional and operational mechanisms that require a process and instrument tailor-made for the unique needs of the region. It is recommended that SADC should create its own common sales law based on the CISG but taking into account lessons learnt from both the OHADA system and the CESL. A number of legislative, institutional and operational transformative and reform mechanisms are recommended to enable the creation of such a community law and ensure its uniform application and interpretation.
Thursday, November 19, 2015
In The Law of Nations in Early American Foreign Policy, Willem Theo Oosterveld provides the first general study of international law as interpreted and applied by the generation of the Founding Fathers. A mostly neglected aspect in the historiography of the early republic, this study argues that international law was in fact an integral part of the Revolutionary creed.
Taking the reader from colonial debates about the law of nations to the discussions about slavery in the early 19th century, this study shows the zest of the Founders to conduct foreign policy on the basis of treatises such as Vattel’s The Law of Nations. But it also highlights the deep ambiguities and sometimes personal struggles that arose when applying international law.