- Volume 372
- Andreas Bucher, La compétence universelle civile
- Giuditta Cordero-Moss, Limitations on Party Autonomy in International Commercial Arbitration
- Mpazi Sinjela, Intellectual Property: Cross-Border Recognition of Rights and National Development
- Rudolf Dolzer, International Co-operation in Energy Affairs
Tuesday, April 28, 2015
- Patrick Keyzer, Vesselin Popovski & Charles Sampford, What is ‘Access to International Justice’ and What Does It Require?
- Dan Banik, Walking the Talk: Human Rights, Access to Justice and the Fight against Poverty
- Rahmat Mohamad, Access to International Justice: The Role of the International Criminal Court in Aiding National Prosecutions of International Crimes
- Mirinda O’Gorman & Charles Sampford, Aggression and Monetary Gold Quo Vadis?
- Ramesh Thakur, Drone Strikes and Human Rights: Balancing National Security, Individual Rights and International Justice
- Vesselin Popovski, Access to International Justice: Law and Practice of the European Court of Human Rights
- Edwin Bikundo, Access to Justice for Victims of the Use of Force in International Affairs: Individual Civil Responsibility for Aggression
- Susan Lamb, Access to Justice before International Criminal Tribunals: An Evaluation of the Scheme of Victim Participation adopted by the Extraordinary Chambers in the Courts of Cambodia (ECCC)
- Darren O’Donovan & Patrick Keyzer, ‘Visions of a Distant Millennium’? The Effectiveness of the UN Human Rights Petition System
- David P. Forsythe, The ICRC and Access to International Justice: A Carefully Considered Paradox
- Simon Chesterman, Convergence, Fragmentation and Sustainability in Access to International Justice
- Afshin Akhtarkhavari, Accessing Ecological Justice in the Anthropocene Epoch!
- Brendan Mackey & Nicole Rogers, Climate Justice and the Distribution of Rights to Emit Carbon
- Yasunobu Sato, Nuclear Power and Human Security: Lessons from the Fukushima Daiichi Nuclear Power Plant’s Accident
- Jeremy I. Levitt, Judge Gabrielle Kirk McDonald: a biographical note
- Gabrielle Kirk McDonald, Passing reflections on my journey for justice
- Carole Boyce-Davies, Writing black women into political leadership: reflection, trends and contradictions
- Adrien Wing, The international human rights of black women: justice or just us?
- Fatou Kiné Camara, Gender parity in the AU women's protocol
- Jeremy I. Levitt, Law, peace construction and women's rights in Africa: who will safeguard Abeena and Afia?
- Anna Spain, Black women and peacebuilding in international law
- Linda Greene, African American women on the world stage: the fourth world conference on women – Beijing
- Adjoa Aiyetoro, Black women and reparations movements
- Erika George, The work of African women to confront the challenge of climate change
- Judith Scully, Black women and reproductive health: a normative inquiry
- Karen Bravo, The nature of black female 'things' the nature of choice: a meditation on Saartjie Baartman and Truganini
- Eleanor Brown, The transactional costs of transnational sex workers: old regimes, new norms
The World Bank Group and the International Monetary Fund are under substantial pressure to accept more accountability under international human rights law. This publication sets out the standards by which these international financial institutions are bound under international human rights law as it currently stands. Human rights law is ‘living law’ and has changed over time, as have international financial institutions, despite their sometimes static approach to their own mandates. However, the World Bank Group and the International Monetary Fund are both starting to recognize more and more the relevance of human rights to the fulfilment of their respective mandates, even if they still maintain, be it to different degrees, that international human rights law is only partly applicable to them. This publication argues that this position is no longer tenable and that human rights law does in fact apply to both international financial institutions.
Monday, April 27, 2015
Ce livre vise à comprendre et à expliquer les difficultés des organisations internationales africaines dans le domaine du maintien de la paix. Sont analysées ici les difficultés de la CEDEAO (Communauté Economique des Etats d'Afrique de l'Ouest) dans la gestion de la crise ivoirienne en utilisant les interventions de cette même organisation au Libéra, en Sierra Leone et en Guinée-Bissau pour la comparaison à des fins d'apprentissage.
- David Hulme, Antonio Savoia & Kunal Sen, Governance as a Global Development Goal? Setting, Measuring and Monitoring the Post-2015 Development Agenda
- Gonzalo Escribano, Fragmented Energy Governance and the Provision of Global Public Goods
- Rasmus Karlsson & Jonathan Symons, Making Climate Leadership Meaningful: Energy Research as a Key to Global Decarbonisation
- Jane Lister, Green Shipping: Governing Sustainable Maritime Transport
- Dan Ciuriak, Beverly Lapham, Robert Wolfe, Terry Collins-Williams & John Curtis, Firms in International Trade: Trade Policy Implications of the New New Trade Theory
- Rebekka Friedman & Andrew Jillions, The Pitfalls and Politics of Holistic Justice
- Tendayi Bloom, The Business of Migration Control: Delegating Migration Control Functions to Private Actors
- Javier Solana, Interdependence and Responsibility
- Marcel Langenbach & Tarak Bach Baouab, The Triple Crisis: Why Humanitarian Organisations (and Others) Need to Do More for the Central African Republic
- Zsuzsanna Jakab & Richard Alderslade, Health 2020 – Achieving Health and Development in Today's Europe
- Benedict S. B. Chan, Animal Ethics, International Animal Protection and Confucianism
- Christian Schweiger, New Perspectives for the EU after the Financial Crisis
Volume I: The Law of the Sea addresses the major issues which arise in the law of the sea. It provides a detailed understanding of the historical development of the law of the sea; the role of the International Maritime Organization; the law surrounding maritime zones; the legal regime of islands; the international sea-bed area; the legal regime governing marine scientific research; the rights and obligations of land-locked and geographically disadvantaged states; the legal regime of Arctic and Antarctic; and the settlements of disputes. This volume also considers the ways in which human rights and the law of the sea interact.
It is now widely accepted that international human rights law applies in situations of armed conflict alongside international humanitarian law, but the contours and consequences of this development remain unclear. This book revisits, organizes and contextualizes the debate on human rights in armed conflict and explores the legal challenges, operational consequences and policy implications of resorting to human rights in situations of inter- and intra-state violence. It presents the benefits and the drawbacks of using international human rights law alongside humanitarian law and discusses how the idea, law and policy of human rights influence the development of the law of armed conflict. Based on legal theory, policy analysis, state practice and the work of human rights bodies it suggests a human rights-oriented reading of the law of armed conflict as feasible and necessary in response to the changing character of war.
- Madeleine Herren, Introduction: Towards a Global History of International Organization
- Sigrun Habermann-Box, From the League of Nations to the United Nations: The Continuing Preservation and Development of the Geneva Archives
- Kenichiro Hirano, Matsuoka Yosuke’s Miscalculation at Geneva: A Possible Reconsideration Using JACAR Data
- Toshiki Mogami, On the Concept of International Organization: Centralization, Hegemonism, and Constitutionalism
- Atsushi Shibasaki, Activities and Discourses on International Cultural Relations in Modern Japan: The Making of KBS (Kokusai Bunka Shinko Kai), 1934–1953
- Naomi Nagata, International Control of Epidemic Diseases from a Historical and Cultural Perspective
- Shin Kawashiman, Sino-Japanese Controversies Over the Textbook Problem and the League of Nations
- Tomoko Akami, Beyond Empires’ Science: Inter-Imperial Pacific Science Networks in the 1920s
- Guoqi Xu, Networking Through the Y: The Role of YMCA in China’s Search for New National Identity and Internationalization
- Craig N. Murphy, Global Governance: From Organizations to Networks or Not?
- Timothy D. Taylor, New Capitalism, UNESCO, and the Re-enchantment of Culture
- Bjarne Rogan, Popular Culture and International Cooperation in the 1930s
- Katja Naumann, Avenues and Confines of Globalizing the Past: UNESCO’s International Commission for a “Scientific and Cultural History of Mankind” (1952–1969)
Sunday, April 26, 2015
In the field of international law, three core crimes generally make up the jurisdiction of international criminal tribunals: war crimes; genocide; and crimes against humanity. Only two of these crimes (war crimes and genocide) are the subject of a global treaty that requires States to prevent and punish such conduct and to cooperate among themselves toward those ends. By contrast, there is no such treaty dedicated to preventing and punishing crimes against humanity.
Yet crimes against humanity may be more prevalent than either genocide or war crimes. Such crimes may occur in situations not involving armed conflict and do not require the special intent that is necessary for establishing genocide. Moreover, treaties focused on prevention, punishment, and inter-State cooperation exist for many far less egregious offences, such as corruption, bribery, or organized crime. While some treaties address offenses that under certain conditions might also constitute crimes against humanity, such as State-sponsored torture or enforced disappearance of persons, those treaties do not address crimes against humanity as such.
At its sixty-sixth session in 2014, the U.N. International Law Commission decided to place the topic “crimes against humanity” on its program of work and to appoint a Special Rapporteur. The purpose of this First Report of the Special Rapporteur is to address the potential benefits of developing draft articles that might serve as the basis of an international convention on crimes against humanity. Further, this report provides general background with respect to the emergence of the concept of crimes against humanity as an aspect of international law, its application by international courts and tribunals, and its incorporation in the national laws of some States. Ultimately, this report proposes two initial draft articles for such a convention: one on prevention and punishment of crimes against humanity and the other on the definition of such crimes.
- Special Issue: Dispute Settlement in International Organizations
- Christina L. Davis, The political logic of dispute settlement: Introduction to the special issue
- Áslaug Ásgeirsdóttir & Martin Steinwand, Dispute settlement mechanisms and maritime boundary settlements
- Chad P. Bown & Kara M. Reynolds, Trade flows and trade disputes
- Ryan Brutger & Julia C. Morse, Balancing law and politics: Judicial incentives in WTO dispute settlement
- Tana Johnson, Information revelation and structural supremacy: The World Trade Organization’s incorporation of environmental policy
- Krzysztof J. Pelc & Johannes Urpelainen, When do international economic agreements allow countries to pay to breach?
- Fouad Pervez, Waiting for election season
Saturday, April 25, 2015
This Article discusses the contribution of the European Court of Human Rights to mitigating difficulties arising from the fragmentation of international law. It argues that the Court’s case law provides insights and good practices to be followed. First, the Article furnishes evidence that the Court has developed an autonomous and distinct interpretative principle to construe the European Convention on Human Rights by taking other norms of international law into account. Second, the Article offers a blueprint of the methodology that the Court employs when engaging with external norms in the interpretation process. The analysis explores the Court’s approach to subtle contextual differences between similar or identical international norms and its position towards the requirements of Article 31 (3)(c) of the Vienna Convention on the Law of Treaties (VCLT). It concludes that international courts are developing innovative interpretative practices, which may not be strictly based in the letter of the VCLT.
Friday, April 24, 2015
Time is an inherent component of many of the most important international law concepts. However, it also fundamentally determines international law as a field. International law has been in constant dynamic change since its inception. Capturing and understanding this change in time is one of the discipline’s fundamental challenges, as is the difficulty of working with the constantly changing materiae of international law in practice.
Thursday, April 23, 2015
- Giorgio Gaja, Requesting the ICJ to Revoke or Modify Provisional Measures
- The Contribution of Courts and Tribunals to the Development of International Law
- Maurizio Arcari, Enrico Milano & Attila Tanzi, Introduction
- Robert Kolb, The Jurisprudence of the Permanent Court of International Justice Between Utilitas Publica and Utilitas Singulorum
- Jochen von Bernstorff, Hans Kelsen on Judicial Law-Making by International Courts and Tribunals: A Theory of Global Judicial Imperialism?
- Christian J. Tams, Meta-Custom and the Court: A Study in Judicial Law-Making
- Micaela Frulli, The Contribution of International Criminal Tribunals to the Development of International Law: The Prominence of opinio juris and the Moralization of Customary Law
- Stephan W. Schill & Katrine R. Tvede, Mainstreaming Investment Treaty Jurisprudence
- Francesco Seatzu, The Treatment of International Law in the Jurisprudence of the World Bank Administrative Tribunal
- Peter Bachmayer & August Reinisch, The Role of Judges at Austrian Courts in the Development of International Law
- Ben Boer, Introduction
- Natasha Affolder, Square Pegs and Round Holes? Environmental Rights and the Private Sector
- Elisa Morgera, Benefit-Sharing as a Bridge between the Environmental and Human Rights Accountability of Multinational Corporations
- Riccardo Pavoni, Environmental Jurisprudence of the European and Inter-American Courts of Human Rights: Comparative Insights
- Ludwig Kramer, Access to Environmental Justice in the European Courts
- Ben Boer, Environmental and Human Rights in the Asia-Pacific
- Stefan Gruber, Human Displacement and Climate Change in the Asia-Pacific
- Alan Boyle, Human Rights and the Environment: Where Next?
Both state-centrism and Euro-centrism are under challenge in international law today and this double challenge, this work argues, is being fruitfully mirrored back into the study of the history of international law. It examines, in the first section, the effects of the rise of positivism as a method of norm-identification and the role of methodological nationalism over the study of the history of international law in the modern foundational period of international law. This is extended by an examination of how this bequeathed a double exclusionary bias regarding time and space to the study of the history of international law as well as a reiterative focus on a series of canonical events and authors to the exclusion of others such as those related to the Islamic history of international law. In the second section, the analysis turns to address why this state of historiographical affairs is changing, specifically highlighting intra-disciplinary developments within the field of the history of international law and the effects that the “international turn in the writing of history” is having on the writing of a new history of international law for a global age. The conclusion reflects on some of the tasks ahead by providing a series of historiographical signposts for the history of international law as a field of new research.
Individual rights are secured by at least two legal sources: constitutional law and international law. The co-existence of constitutional and international law norms is inevitably a source of conflict: When there is a conflict between a constitutional provision and an international law provision, which (if any) provision should have the upper hand?
Theorists thus far have argued for (and assumed the necessity of) a clear hierarchy between constitutional and international law. This Article argues that the conviction that one system of norms is superior to the other is false. Instead we embrace competition between constitutional and international norms, what we call the "discordant parity hypothesis." It is the persistent tension and conflict between the two systems of norms that is necessary for recognizing and ensuring individual freedom.
To establish the discordant parity hypothesis, we explore the best possible arguments for both the internationalists’ and for constitutionalists’ positions. We suggest that the argument supporting the overriding power of international law norms is the recognition of the state's duty to protect rights, rather than merely a discretionary gesture on its part. The overriding power of constitutional norms stems from its promise to individuals of being the masters of their destiny. We believe that both claims are equally convincing. Instead of trying to establish hierarchy between the claims, we embrace their equal standing and the ensuing conflict between them. We believe that constant tensions and conflicts between international norms and state norms is ideally suited to ensure individual liberty.
This book explores a cross-section of war crimes trials that the Allied powers held against the Japanese in the aftermath of World War II. More than 2,240 trials against some 5,700 suspected war criminals were carried out at 51 separate locations across the Asia Pacific region. This book analyzes fourteen high-profile American, Australian, British, and Philippine trials, including the two subsequent proceedings at Tokyo and the Yamashita trial. By delving into a large body of hitherto underutilized oral and documentary history of the war as contained in the trial records, Yuma Totani illuminates diverse firsthand accounts of the war that were offered by former Japanese and Allied combatants, prisoners of war, and the civilian population. Furthermore, the author makes a systematic inquiry into select trials to shed light on a highly complex - and at times contradictory - legal and jurisprudential legacy of Allied war crimes prosecutions.
Wednesday, April 22, 2015
- April 30, 2015: Jessica Gladstone (Debevoise & Plimpton LLP), Disputes with States: Policies, Politics and the Rule of Law
- May 7, 2015: Sarah Nouwen (Univ. of Cambridge - Law), Complementarity in the line of fire: The Catalysing Effect of the International Criminal Court in Uganda and Sudan
- May 14, 2015: Surya Subedi (Univ. of Leeds - Law; UN Special Rapporteur for Human Rights in Cambodia), The UN Human Rights Special Rapporteurs and the Impact of their Work: Some Reflections of the Longest Serving UN Special Rapporteur for Cambodia
- May 21, 2015: Charlotte Peevers (Univ. of Technology, Sydney - Law), The politics of justifying force and the Chilcot inquiry: revealing the 'inner life' of international law
Although one might see international criminal law as a natural progression of human rights law, this chapter points to the tensions between the two branches and warns against conflating human rights with atrocity crimes.
Equity emerged as a powerful symbol of aspired redistribution in international relations. Operationally, it has had limited impact in the Westphalian system of nation states - except for maritime boundary delimitations. This book deals with the role of equity in international law, and offers a detailed case study on maritime boundary delimitation in the context of the enclosure movement in the law of the sea. It assesses treaty law and the impact of the United Nations Convention on the Law of the Sea. It depicts the process of trial and error in the extensive case law of the International Court of Justice and arbitral tribunals and expounds the underlying principles and factors informing the methodology both in adjudication and negotiations. Unlike other books, the main focus is on equity and its implications for legal methodology, in particular offering further guidance in the field of international economic law.
Weitz: Self-Determination: How a German Enlightenment Idea Became the Slogan of National Liberation and a Human Right
No phrase has had greater political resonance in the last one hundred years than “self-determination.” As Eric D. Weitz notes in “Self-Determination: How a German Enlightenment Idea Became the Slogan of National Liberation and a Human Right,” since the 1940s it has become the favored slogan of nationalist and anticolonial movements around the globe, written into virtually every major human rights declaration. In its origins, however, self-determination was an Enlightenment concept relating to individuals. From the late eighteenth century to World War I, it evolved from a primarily individualist into a collectivist doctrine. Weitz tracks this dramatic, often unnoticed transformation, untangling the diverse meanings of self-determination to examine the dilemmas intrinsic to the history of human rights, notably the tension between individual and collective rights. He provides an account of the different meanings of self-determination to the socialist movement of the nineteenth century, beginning with its major Enlightenment proponent, Johann Gottlieb Fichte, as well as to its many advocates in the twentieth. As self-determination became a doctrine related to national or racial belonging, it lost much of its Enlightenment meaning as a concept fundamental to individual self-constitution and emancipation. Self-determination's twentieth-century proponents argued that individual rights flowed naturally and smoothly from national liberation, but the same doctrine that underpinned the emancipation of the national or racial elect could justify the brutal exclusion of others.
- Ileana Porras, Binge development in the age of fear: scarcity, consumption, inequality and the environmental crisis
- Karin Mickelson, International law as a war against nature?
- Dianne Otto, Decoding crisis in international law: a queer feminist perspective
- Barbara Stark, The incredible shrinking women
- Dan Danielsen, Corporate power and instrumental states: toward a critical reassessment of the role of firms, states and regulation in global governance
- Andrew Strauss, Global economic inequality and the potential for global democracy: a functionalist analysis
- Brad Roth & Sharon F. Lean, A Bolivarian alternative? The new Latin American populism confronts the global order
- Jeanne Woods, Global crises and the law of war