- Disentangling the Intervention Traffic Jam in the Sahel
- Signe Marie Cold-Ravnkilde & Katja Lindskov Jacobsen, Disentangling the security traffic jam in the Sahel: constitutive effects of contemporary interventionism
- Stephen Tankel, US counterterrorism in the Sahel: from indirect to direct intervention
- Yvan Guichaoua, The bitter harvest of French interventionism in the Sahel
- Adam Sandor, The power of rumour(s) in international interventions: MINUSMA's management of Mali's rumour mill
- Signe Marie Cold-Ravnkilde & Christine Nissen, Schizophrenic agendas in the EU's external actions in Mali
- Emil Archambault & Yannick Veilleux-Lepage, Drone imagery in Islamic State propaganda: flying like a state
- Rachel Vanderhill, Sandra F Joireman, & Roza Tulepbayeva, Between the bear and the dragon: multivectorism in Kazakhstan as a model strategy for secondary powers
- Charis Enns, Nathan Andrews, & J Andrew Grant, Security for whom? Analysing hybrid security governance in Africa's extractive sectors
- Aarie Glas & Emmanuel Balogun, Norms in practice: people-centric governance in ASEAN and ECOWAS
- Robyn Klingler-Vidra & Ye Liu, Inclusive innovation policy as social capital accumulation strategy
- Edward Howell, The juche H-bomb? North Korea, nuclear weapons and regime-state survival
Saturday, July 11, 2020
- Thijs Etty, Veerle Heyvaert, Cinnamon Carlarne, Bruce Huber, Jacqueline Peel, & Josephine van Zeben, Transnational Environmental Law in a Transformed Environment
- Gor Samvel, Non-Judicial, Advisory, Yet Impactful? The Aarhus Convention Compliance Committee as a Gateway to Environmental Justice
- Iyan Offor, Animals and the Impact of Trade Law and Policy: A Global Animal Law Question
- Aleksandra Čavoški, Science and Law in Environmental Law and Policy: The Case of the European Commission
- Jaye Ellis, Calculative Practices in International Environmental Governance: In (Partial) Defence of Indicators
- Samvel Varvastian & Felicity Kalunga, Transnational Corporate Liability for Environmental Damage and Climate Change: Reassessing Access to Justice after Vedanta v. Lungowe
- Kim Bouwer, Lessons from a Distorted Metaphor: The Holy Grail of Climate Litigation
- Kai Cornelius, Der Umweltschutz im Völkerstrafrecht
- Sarah Leyli Rödiger, Staatsverbrechen als kollektives Konzept im Völkerrecht
- Benedikt C. Harzl, Passportizatsiya revisited: Extraterritorial naturalization in the cases of Abkhazia and South Ossetia
- Beiträge und Berichte
- Veris-Pascal Heintz, Der Weg zu den Leipziger Prozessen. Geschichte des Völkerstrafrechts vor Nürnberg
Thursday, July 9, 2020
- Kenneth A. Reinert, From Sustainable Development Goals to Basic Development Goals
- Amitav Acharya, The Myth of the “Civilization State”: Rising Powers and the Cultural Challenge to World Order
- Roundtable: The Ethics of Limited Strikes
- Daniel R. Brunstetter, Introduction: The Ethical, Legal, and Strategic Implications of Limited Strikes
- Daniel R. Brunstetter, Wading Knee-Deep into the Rubicon: Escalation and the Morality of Limited Strikes
- Eric A. Heinze & Rhiannon Neilsen, Limited Force and the Return of Reprisals in the Law of Armed Conflict
- Wendy Pearlman, Syrian Views on Obama's Red Line: The Ethical Case for Strikes against Assad
- Jean-Baptiste Jeangène Vilmer, A Matter of Balance: A French Perspective on Limited Strikes
- Danielle L. Lupton, The Reputational Costs and Ethical Implications of Coercive Limited Air Strikes: The Fallacy of the Middle-Ground Approach
- Review Essays
- Tanisha M. Fazal, Lengthening the Shadow of International Law
- Michael Barnett, A Problem from Washington: Samantha Power Enters the Foreign Policy Bureaucracy
- Robert Ulrich Nagel & Austin C. Doctor, Conflict-related Sexual Violence and Rebel Group Fragmentation
- Arturas Rozenas, A Theory of Demographically Targeted Repression
- Suthan Krishnarajan & Lasse Lykke Rørbæk, The Two-sided Effect of Elections on Coup Attempts
- Louis-Alexandre Berg, Civil–Military Relations and Civil War Recurrence: Security Forces in Postwar Politics
- Christoph Dworschak, Jumping on the Bandwagon: Differentiation and Security Defection during Conflict
- Julia Gray & Philip Potter, Diplomacy and the Settlement of International Trade Disputes
- Oded Adomi Leshem & Eran Halperin, Hoping for Peace during Protracted Conflict: Citizens’ Hope Is Based on Inaccurate Appraisals of Their Adversary’s Hope for Peace
- Tobias Heinrich & Timothy M. Peterson, Foreign Policy as Pork-barrel Spending: Incentives for Legislator Credit Claiming on Foreign Aid
- Geoff Dancy, Yvonne Marie Dutton, Tessa Alleblas, & Eamon Aloyo, What Determines Perceptions of Bias toward the International Criminal Court? Evidence from Kenya
- Krzysztof Krakowski, Pulled Together or Torn Asunder? Community Cohesion After Symmetric and Asymmetric Civil War
- Dorothy Kronick, Profits and Violence in Illegal Markets: Evidence from Venezuela
- Data Set Feature
- Charles Butcher, Benjamin E. Goldsmith, Sascha Nanlohy, Arcot Sowmya, & David Muchlinski, Introducing the Targeted Mass Killing Data Set for the Study and Forecasting of Mass Atrocities
- Lars-Erik Cederman, Simon Hug, Livia I. Schubiger, & Francisco Villamil, Civilian Victimization and Ethnic Civil War
- Special Issues: Military Assistance on Request (Part 1)
- Tom Ruys, Introduction
- Eliav Lieblich, Why can’t we agree on when governments can consent to external intervention? A theoretical inquiry
- Erika de Wet, The (im)permissibility of military assistance on request during a civil war
- Patrick M. Butchard, Territorial integrity, political independence, and consent: the limitations of military assistance on request under the prohibition of force
- Max Brookman-Byrne, Intervention by (secret) invitation: searching for a requirement of publicity in the international law on the use of force with consent
- Alonso Gurmendi Dunkelberg, A legal history of consent and intervention in civil wars in Latin America
- John Hursh, International humanitarian law violations, legal responsibility, and US military support to the Saudi coalition in Yemen: a cautionary tale
Wednesday, July 8, 2020
This new open access book provides a valuable restatement of the current law of armed conflict regarding hostilities in a diverse range of contexts: outer space, cyber operations, remote and autonomous weapons, undersea systems and devices, submarine cables, civilians participating in unmanned operations, military objectives by nature, civilian airliners, destruction of property, surrender, search and rescue, humanitarian assistance, cultural property, the natural environment, and more. The book was prepared by a group of experts after consultation with a number of key governments. It is intended to offer guidance for practitioners (mainly commanding officers); facilitate training at military colleges; and inform both instructors and graduate students of international law on the current state of the law.
McFarland: Autonomous Weapon Systems and the Law of Armed Conflict: Compatibility with International Humanitarian Law
For policymakers, this book explains the ramifications under international humanitarian law of a major new field of weapon development with a focus on questions currently being debated by governments, the United Nations and other bodies. Based on a clear explanation of the principles of autonomous systems and a survey of technologies under active development as well as some that are in use today, it provides a thorough legal analysis grounded on a clear understanding of the technological realities of autonomous weapon systems. For legal practitioners and scholars, it describes the legal constraints that will apply to use of autonomous systems in armed conflict and the measures that will be needed to ensure that the efficacy of the law is maintained. More generally, it serves as a case study in identifying the legal consequences of use of autonomous systems in partnership with, or in place of, human beings.
Monday, July 6, 2020
Despite substantial growth in past decades, international human rights law faces significant enforcement challenges and threats to legitimacy in many parts of the world. Regional human rights courts, like the European and Inter-American Courts of Human Rights, represent unique institutions that allow individuals to file formal complaints with an international legal body and render judgments against states. In this book, Jillienne Haglund focuses on regional human rights court deterrence, or the extent to which adverse judgments discourage the commission of future human rights abuses. She argues that regional court deterrence is more likely when the chief executive has the capacity and willingness to respond to adverse regional court judgments. Drawing comparisons across Europe and the Americas, this book uses quantitative data analyses, supplemented with qualitative evidence from many adverse judgments, to explain the conditions under which regional courts deter future rights abuses.
Carnegie & Carson: Secrets in Global Governance: Disclosure Dilemmas and the Challenge of International Cooperation
Scholars have long argued that transparency makes international rule violations more visible and improves outcomes. Secrets in Global Governance revises this claim to show how equipping international organizations (IOs) with secrecy can be a critical tool for eliciting sensitive information and increasing cooperation. States are often deterred from disclosing information about violations of international rules by concerns of revealing commercially sensitive economic information or the sources and methods used to collect intelligence. IOs equipped with effective confidentiality systems can analyze and act on sensitive information while preventing its wide release. Carnegie and Carson use statistical analyses of new data, elite interviews, and archival research to test this argument in domains across international relations, including nuclear proliferation, international trade, justice for war crimes, and foreign direct investment. Secrets in Global Governance brings a groundbreaking new perspective to the literature of international relations.
This article analyses how international criminal courts and tribunals have pronounced on the contextual elements of their respective war crimes provisions. A comprehensive overview of the way these institutions treated the material scope of application of IHL shows that the ad hoc tribunals tended to avoid classification as either international or non-international armed conflict, and merely found that a generic ‘armed conflict’ existed at the relevant time. The ICC shows a tendency to classify situations as non-international armed conflicts without considering whether the situation concerned may instead (or at the same time) qualify as an international armed conflict. Non-international armed conflict is often, mistakenly, treated as a residual regime. Incorrect conflict classification may affect IHL’s scope of application, and negatively impact on an accused’s fair trial rights under international criminal law. The author proposes a fresh look at the ICC’s legal framework to solve conflict classification problems.
- Chrystie Swiney, The Urbanization of International Law and International Relations: The Rising Soft Power of Cities in Global Governance
- Haochen Sun, Reinvigorating the Human Right to Technology
- Tiyanjana Maluwa, Reassessing Aspects of the Contribution of African States to the Development of International Law Through African Regional Multilateral Treaties
Sunday, July 5, 2020
This book analyses a selection of challenges in the implementation and application of the 1982 UN Convention on the Law of the Sea (UNCLOS), focusing on several areas: international organizations, fisheries, security, preserving marine biodiversity, dispute settlement, and interaction with other areas of international law.
UNCLOS has been described as the Constitution for the Oceans. It sets out the fundamental rights, obligations and jurisdictions of States regarding the access to, uses and management of the oceans and seas and their resources. It balances States’ diverse and sometimes conflicting interests, such as conflicting uses of space, against navigational interests and the protection of the marine environment. UNCLOS is the first global treaty to include comprehensive obligations on the protection and preservation of the marine environment, including the conservation of living marine resources. These are often common or cross-border challenges, which can only be addressed through international cooperation.
The book is divided into three thematic parts. The first concerns the role of international organizations in ocean governance. It includes twelve chapters covering a very diverse set of issues, both materially and geographically, that demonstrate the importance of coordinated actions on the part of multiple States for obtaining harmonized solutions regarding the pursuit of activities in maritime spaces (in connection with e.g. navigation, fisheries or maritime security). The second part concerns the relevance of dispute settlement mechanisms for understanding the international law of the sea and the international legal framework within which the actions of the great maritime powers take place. It is composed of three chapters, examining stakeholders’ role in dispute settlement, the position taken by China and the Russian Federation regarding international litigation in maritime spaces, and how the South China Sea Award may be relevant to the debate on the international legal concepts of rock and island. In turn, the third part addresses current discussions on the conservation and sustainable use of marine biological diversity of areas beyond national jurisdiction. Its seven chapters report on the status quo of the ongoing negotiations for a new international legal regime of the high seas, and the establishment and operationalization of environmental regimes for international maritime spaces.
- Immunities of organizations under international law: Reflections in light of Jam v International Finance Corporation
- Introduced by Martina Buscemi, Zeno Crespi Reghizzi, and Chiara Ragni
- Fernando Lusa Bordin, To what immunities are international organizations entitled under general international law? Thoughts on Jam v IFC and the ‘default rules’ of IO immunity
- Yohei Okada, The immunity of international organizations before and after Jam v IFC: Is the functional necessity rationale still relevant?
Niemi, Peroni, & Stoyanova: International Law and Violence Against Women: Europe and the Istanbul Convention
This book offers an in-depth and critical analysis of the Istanbul Convention, along with discussions on its impact and implications. The work highlights the place of the Convention in the landscape of international law and policies on violence against women and equality. The authors argue that the Convention with its emphasis on integrated and comprehensive policies has an important role in promoting equality, but they also note the debates on “genderism” that the Convention has triggered in some member states. The book analyses central concepts of the Convention, including violence, gender and due diligence. It takes up major commitments of the parties to the Convention, including support and services to victims, criminal law provisions and protection of migrant women against violence. The book thus makes a major contribution to the development of national laws, policies and practice.
- William W Park, Tax and Arbitration
- George A Bermann, The self-styled ‘autonomy’ of international arbitration
- Rutger Metsch & Rémy Gerbay, Prospect Theory and due process paranoia: what behavioural models say about arbitrators’ assessment of risk and uncertainty
- Recent Developments
- Julian Scheu & Petyo Nikolov, The setting aside and enforcement of intra-EU investment arbitration awards after Achmea
- Sahana Ramesh, Third-Party Funding in International Arbitration: Ownership of the Claim, Consequences for Costs Orders, and Regulation
- Case Notes
- Saarthak Jain & Kashish Makkar, The dilution of interim anti-arbitration injunctions in Devi Resources: pro-enforcement approach gone too far?
- Arunav Guha Roy, Gambrinus, Corp v Bolivarian Republic of Venezuela (Decision on Annulment)
Saturday, July 4, 2020
Abbott, Zangl, Snidal, & Genschel: The Governor's Dilemma: Indirect Governance Beyond Principals and Agents
The Governor's Dilemma develops a general theory of indirect governance based on the tradeoff between governor control and intermediary competence; the empirical chapters apply that theory to a diverse range of cases encompassing both international relations and comparative politics. The theoretical framework paper starts from the observation that virtually all governance is indirect, carried out through intermediaries. But governors in indirect governance relationships face a dilemma: competent intermediaries gain power from the competencies they contribute, making them difficult to control, while efforts to control intermediary behavor limit important intermediary competencies, including expertise, credibility, and legitimacy. Thus, governors can obtain either high intermediary competence or strong control, but not both. This competence-control tradeoff is a common condition of indirect governance, whether governors are domestic or international, public or private, democratic or authoritarian; and whether governance addresses economic, security, or social issues. The empirical chapters analyze the operation and implications of the governor's dilemma in cases involving the governance of violence (e.g., secret police, support for foreign rebel groups, private security companies), the governance of markets (e.g., the Euro crisis, capital markets, EU regulation, the G20), and cross-cutting governance issues (colonial empires, "Trump's Dilemma"). Competence-control theory helps explain many features of governance that other theories cannot: why indirect governance is not limited to principal-agent delegation, but takes multiple forms; why governors create seemingly counter-productive intermediary relationships; and why indirect governance is frequently unstable over time.
This book provides a timely and systematic study of reparations in international criminal justice, going beyond a theoretical analysis of the system established at the International Criminal Court (ICC). It originally engages with recent decisions and filings at the ICC relating to reparation and how the criminal and reparative dimensions of international criminal justice can be reconciled. This book is equally innovative in its extensive treatment of the significant challenges of adjudicating on reparations, and proposing recommendations based on concrete experiences. With recent and imminent decisions from the ICC, and developments in national courts and beyond, Miriam Cohen provides a critical analysis of the theory and emerging jurisprudence of reparations for international crimes, their impact on victims and stakeholders.
- Colloque « L’indépendance du juge national vue par les deux Cours européennes »
- F. Krenc, Allocution introductive
- D. Spielmann, Allocution introductive
- F. Biltgen, L’indépendance du juge national vue depuis Luxembourg
- O. De Schutter, Changements climatiques et droits humains : l’affaire Urgenda
- E. Lambert, Comment rendre crédible et effective la protection des droits humains écologiques par le Conseil de l’Europe ?
- R. De Gouttes, Regards comparatifs sur le Comité des Nations Unies pour l’élimination de la discrimination raciale et la Commission européenne contre le racisme et l’intolérance
- C. Macq, L’ordre public et la sécurité nationale comme instruments de contrôle étatique en matière migratoire : quelles limites la jurisprudence européenne fixe-t-elle à l’exercice de ces prérogatives ...
- L’institut De Droit Européen Des Droits De L’homme (idedh) - Université De Montpellier, Les juridictions de l’Union européenne et les droits fondamentaux - Chronique de jurisprudence (2019)
- D. Roets, Les conditions de détention en France dans le collimateur de la Cour européenne des droits de l’homme : coup de tonnerre ou… coup d’épée dans l’eau ?
- C. Jadot, À propos des observations finales du Comité des droits de l’homme concernant le sixième rapport périodique de la Belgique
- A. Ernoux, À propos des observations finales du Comité des droits économiques, sociaux et culturels concernant le cinquième rapport périodique de la Belgique
- A-C. Rasson, À propos des observations finales du Comité des droits de l’enfant concernant les cinquième et sixième rapports périodiques de la Belgique
This book theorizes the ways in which states that are presumed to be weaker in the international system use the International Criminal Court (ICC) to advance their security and political interests. Ultimately, it contends that African states have managed to instrumentally and strategically use the international justice system to their advantage, a theoretical framework that challenges the “justice cascade” argument. The empirical work of this study focuses on four major themes around the intersection of power, states' interests, and the global governance of atrocity crimes: firstly, the strategic use of self-referrals to the ICC; secondly, complementarity between national and the international justice system; thirdly, the limits of state cooperation with international courts; and finally the use of international courts in domestic political conflicts.
Casey: Nationals Abroad: Globalization, Individual Rights, and the Making of Modern International Law
It is a fundamental term of the social contract that people trade allegiance for protection. In the nineteenth century, as millions of people made their way around the world, they entangled the world in web of allegiance that had enormous political consequences. Nationality was increasingly difficult to define. Just who was a national in a world where millions lived well beyond the borders of their sovereign state? As the nineteenth century gave way to the twentieth, jurists and policymakers began to think of ways to cut the web of obligation that had enabled world politics. They proposed to modernize international law to include subjects other than the state. Many of these experiments failed. But, by the mid-twentieth century, an international legal system predicated upon absolute universality and operated by intergovernmental organizations came to the fore. Under this system, individuals gradually became subjects of international law outside of their personal citizenship, culminating with the establishment of international courts of human rights after the Second World War.