Traditional means of content analysis are ill-equipped to deal with the vast universe of international investment agreements (IIAs). In this article, we propose a novel approach to efficiently investigate over 2,100 IIAs and their 24,000 articles in unprecedented detail by treating treaty text as data. Our suggested metric yields new and surprising insights about the IIA universe at four different levels. First, at the global level, we use our approach to investigate the effect of asymmetries on negotiation outcomes finding that developed countries tend to be the IIA system’s rule-makers, while developing countries tend to be its rule-takers. Second, on the country-level, our method can trace consistency and legal innovation in national treaty networks uncovering hitherto unknown investment policy changes such as the Finnish shift to a pre-establishment template in 1999. Third, on the inter-treaty level, our metric can detect investment policy diffusion highlighting that Israel, for instance, copied its BIT language from British investment agreements. Finally, on the individual treaty-level, our approach enables us to assess the novelty of newly concluded agreements, like the Trans-Pacific Partnership, by relating them to prior practice. Our metric thus provides researchers, practitioners and policy- makers with a powerful novel tool to analyze the IIA universe.
Thursday, June 30, 2016
This article analyzes the question of subsidiarity in the sphere of the maintenance of international peace and security. This area of law is increasingly torn between normative claims for centralization and those for decentralization. On the one hand, the UN Charter concentrates decision making at the UN Security Council for the imperative aim of international peace and security. On the other hand, the demand for decentralization reemerged with the greater relevance of the Security Council’s exercise of authority to individuals’ rights. This article examines how these opposite normative claims have arisen with regard to the Security Council’s mandate and whether there are any criteria under international law with which to balance these claims.
Wednesday, June 29, 2016
As is true every year, in 2015 the United States negotiated and concluded a number of noteworthy treaties, other international agreements, and political arrangements. On July 14, 2015, the P5+1 (China, France, Germany, Russia, the United Kingdom, and the United States), the European Union, and Iran reached a Joint Comprehensive Plan of Action (“JCPOA”) to ensure that Iran’s nuclear program will be exclusively peaceful. U.S. leadership was also instrumental in the conclusion by over 190 countries of the Paris Agreement of the UN Framework Convention on Climate Change on December 12, 2015. The Addis Ababa Action Agenda on Financing for Development and the 2030 Agenda for Sustainable Development were concluded with U.S. involvement and support. The passage of Trade Promotion Authority (“TPA”) and Trade Adjustment Assistance (“TAA”) legislation in June 2015 paved the way for the Trans-Pacific Partnership (“TPP”), which was concluded in October 2015, and the Trans-Atlantic Trade and Investment Partnership (“T-TIP”), on which negotiations are ongoing. The United States also signed an extradition treaty with the Dominican Republic; a mutual legal assistance treaty with Kazakhstan; an agreement continuing the International Science and Technology Center in Kazakhstan; new air transport agreements with Togo, Barbados, Serbia, Ukraine, Seychelles, and Mexico; and a tax treaty with Vietnam. The Executive Branch transmitted a number of treaties to the Senate for ratification, including mutual legal assistance treaties with Algeria and Jordan, and a protocol to the U.S. tax treaty with Japan. The U.S. Congress adopted implementing legislation for several nuclear security treaties, including the Nuclear Terrorism Convention, leading to U.S. ratification of those treaties. …
The United States also undertook a number of significant steps in the area of diplomatic relations in 2015. On July 20, 2015, the United States and Cuba re-established diplomatic relations and permanent diplomatic missions in their respective countries. Also in 2015, the United States rescinded Cuba’s designation as a state sponsor of terrorism, made further adjustments to sanctions on Cuba, and entered into claims settlement talks and an aviation arrangement with Cuba. U.S.-Nicaraguan relations also registered a milestone: the settlement of remaining property claims by U.S. nationals against Nicaragua in 2015 lifted the requirement of an annual waiver to allow U.S. government assistance and support. The United States suspended embassy operations in Sana’a, Yemen in February 2015 and responded to litigation regarding visas and evacuations. The U.S. Mission to Somalia commenced operations out of the U.S. Embassy in Nairobi, Kenya in September 2015. The United States also participated in and supported a UN-sponsored effort in 2015 to broker a political resolution in Libya to create a “Government of National Accord.”
The United States continued to lead a coalition of nations participating in the non-international armed conflict against ISIL in Iraq and Syria in 2015. The United States also continued to deploy a variety of resources to support efforts to resolve conflicts in the Middle East, Syria, Burundi, the Central African Republic, Mali, Sudan, South Sudan, Burma, Ukraine, and Yemen.
The United States actively engaged with a number of UN human rights treaty bodies in 2015. In March the United States submitted its one-year follow up response regarding the International Covenant on Civil and Political Rights (“ICCPR”) to the Human Rights Committee. The United States submitted its Universal Periodic Review (“UPR”) report to the Office of the UN High Commissioner for Human Rights in February, and made its UPR presentation in May. The United States also provided its one-year follow-up response to the Committee on the Elimination of Racial Discrimination and filed its one-year follow-up response to the Committee Against Torture.
Tuesday, June 28, 2016
- Devika Hovell, Due Process in the United Nations
- Joseph W. Doherty & Richard H. Steinberg, Punishment and Policy in International Criminal Sentencing: An Empirical Study
- Notes and Comments
- Nienke Grossman, Achieving Sex-Representative International Court Benches
- International Decisions
- Eugene Kontorovich, Arctic Sunrise (Netherlands v. Russia); In re Arctic Sunrise (Netherlands v. Russia)
- John E. Noyes, In re Arbitration Between the Philippines and China
- Manuel Casas Martínez, Granier v. Venezuela
- Contemporary Practice of the United States Relating to International Law
- Kristina Daugirdas & Julian Davis Mortenson, Contemporary Practice of the United States Relating to International Law
- Recent Books on International Law
- Curtis A. Bradley, reviewing The Court and the World: American Law and the New Global Realities, by Stephen Breyer
- David M. Malone, reviewing The Law of Global Governance, by Eyal Benvenisti
- James A. R. Nafziger, reviewing The Assault on International Law, by Jens David Ohlin
- Peter J. Spiro, reviewing Nationality and Statelessness Under International Law, by Alice Edwards and Laura van Waas
- Kevin A. Baumert, reviewing The South China Sea Disputes and Law of the Sea, by S. Jayakumar, Tommy Koh, and Robert Beckman
- Paul Stephen Dempsey, reviewing The Principles and Practice of International Aviation Law, by Brian F. Havel and Gabriel S. Sanchez
Monday, June 27, 2016
- Justin Rosenberg, International Relations in the prison of Political Science
- Touko Piiparinen, Intervening to strengthen sovereignty: The lessons of the UN Intervention Brigade for global peacekeeping
- Ha Hai Hoang, Normative Power Europe through trade: Vietnamese perceptions
- Stacey Gutkowski, We are the very model of a moderate Muslim state: The Amman Messages and Jordan’s foreign policy
- Ted Hopf, ‘Crimea is ours’: A discursive history
Coates: Legalist Empire: International Law and American Foreign Relations in the Early Twentieth Century
America's empire expanded dramatically following the Spanish-American War of 1898. The United States quickly annexed the Philippines and Puerto Rico, seized control over Cuba and the Panama Canal Zone, and extended political and financial power throughout Latin America. This age of empire, Benjamin Allen Coates argues, was also an age of international law. Justifying America's empire with the language of law and civilization, international lawyers-serving simultaneously as academics, leaders of the legal profession, corporate attorneys, and high-ranking government officials-became central to the conceptualization, conduct, and rationalization of US foreign policy.
Just as international law shaped empire, so too did empire shape international law. Legalist Empire shows how the American Society of International Law was animated by the same notions of "civilization" that justified the expansion of empire overseas. Using the private papers and published writings of such figures as Elihu Root, John Bassett Moore, and James Brown Scott, Coates shows how the newly-created international law profession merged European influences with trends in American jurisprudence, while appealing to elite notions of order, reform, and American identity. By projecting an image of the United States as a unique force for law and civilization, legalists reconciled American exceptionalism, empire, and an international rule of law. Under their influence the nation became the world's leading advocate for the creation of an international court.
Although the legalist vision of world peace through voluntary adjudication foundered in the interwar period, international lawyers-through their ideas and their presence in halls of power-continue to infuse vital debates about America's global role.
In Transboundary Water Cooperation in Europe, Götz Reichert analyzes the multidimensional regime for the protection and management of European transboundary freshwater resources that is composed of international water law, the water law of the European Union, and domestic water legislation. Accordingly, qualitative and quantitative aspects regarding surface waters and groundwater are to be managed in an integrated manner to achieve “good water status” of rivers, lakes and aquifers. To this end, “international river basin management plans” provided for by the EU Water Framework Directive are developed by international river commissions for Europe’s major transboundary river basins. Götz Reichert analyzes the various dimensions of the regime including their legal interlinkages and considers the question of whether it is successful in achieving its ambitious goals.
- Andreas Fischer-Lescano, Struggles for a global Internet constitution: protecting global communication structures against surveillance measures
- Cormac Mac Amhlaigh, Harmonising Global Constitutionalism
- Michael E. Newell, Interstitial rules and the contested application of human rights law and the laws of war in counterterrorism
- Sivan Shlomo Agon, Non-compliance, renegotiation and justice in international adjudication: A WTO perspective
- Engin Yildirim & Serdar Gülener, Individual application to the Turkish Constitutional Court as a case of constitutional transfer
Sunday, June 26, 2016
Armed conflict affects men, women, girls and boys in fundamentally different ways, often exacerbating pre-existing gender inequalities in society. In this context, how well does international humanitarian law (IHL) account for these differences in the protection of vulnerable populations in situations of conflict? Critically analyzing IHL from a gender perspective provides greater insight into many of the key humanitarian challenges in armed conflict, ranging from protecting refugees and displaced persons, to preventing sexual and gender-based violence, and limiting the harmful effects of weapons. It also highlights how gendered deficiencies during conflict affect peace, justice and long-term recovery.
In conversations with key experts and practitioners, this podcast will consider how the practical implementation and enforcement of IHL affects men, women, girls and boys differently. The podcast will examine the gendered nature of protections under IHL. It will also assess what progress has been made in addressing the gendered nature of international law - including the recognition of rape and sexual violence as international crimes. Finally, it will consider how to address disparities in the law and in its implementation with regard to gender and humanitarian protection.
This podcast will address the following questions:
- Why is a gendered perspective on IHL important? How does it influence the protection of civilians and our understanding of vulnerable groups?
- What are the practical implications of highlighting gendered differences in humanitarian programming?
- What progress has been made in integrating a gender perspective into international law and humanitarian protection? What shortcomings exist, and what remains to be done?
Saturday, June 25, 2016
In contemporary discourse, international investment law (IIL) and investor-state dispute settlement (ISDS) are often perceived as threats to community interests in one-sidedly protecting foreign investors and undermining public policies that are to the benefit of the local population and the international community. This is nowhere more manifest than in the fierce debates about the inclusion of an investment chapter in the Transatlantic Trade and Investment Partnership currently being negotiated between the European Union and the United States. The present chapter forwards a different perspective. First, it argues that investment law properly construed can be conceptualized as protecting community interests, because it is part of the legal infrastructure that is necessary for the functioning of the global economy under a rule of law framework. Aimed at supporting economic growth, this helps further economic and non-economic community interests, including sustainable development. Second, the chapter argues that IIL and ISDS do not turn a blind eye to the conflicts that can arise between economic and non-economic community interests, such as environmental protection, labour standards, public health or human rights. Instead, investment law and dispute settlement have numerous mechanisms at their disposal for alleviating tensions with non-economic community interests.
This Article discusses the inter-American human rights system’s adjudication model in light of some of the conjectures on subsidiarity as a principle for international governance — that is, the degree of deference it grants to the assessment of a situation by the member state concerned. I inquire about the system’s role as arbitrator of human rights cases within its jurisdiction, examining the dynamics of subsidiarity within the system’s changing context. I find that the Inter-American Court of Human Rights tends to employ a maximalist model of adjudication. Such a model leaves little room for states to reach their own decisions and can be explained as largely resting upon the political context where the Court came to exist, almost four decades ago. I argue that there is a challenge ahead for the Court, namely, to reconcile both claims: on the one hand, states’ demands for higher deference, and on the other hand, the importance of an independent and legitimate regional human rights tribunal.
Friday, June 24, 2016
Taylor Black: King Cotton in International Trade: The Political Economy of Dispute Resolution at the WTO
In King Cotton in International Trade Meredith A. Taylor Black provides a comprehensive analysis of the WTO Cotton dispute and its significant jurisprudential and negotiating effect on disciplining and containing the negative effects of highly trade-distorting agricultural subsidies of developed countries. To that end, this work details the historic, economic, and political background leading up to Brazil’s challenge of the US cotton subsidies and the main findings of the five WTO reports that largely upheld that challenge. It explores the impacts of the successful challenge in terms of political and negotiating dynamics involving agriculture subsidies and other trade-related issues in the WTO while examining the effects on domestic agriculture subsidy reforms in the United States and the European Union. Finally, this volume sets forth the possible impacts of the Cotton challenge on the negotiating end-game of the Doha Development Round.
Despite many predictions to the contrary, the Arctic has emerged today as a zone of cooperation. At the core of regional stability and security is an emerging architecture of cooperation focused on the Arctic Council. This new order is based not on military strength or a scramble to control resources, but on the multilateral pursuit of common interests. This book focuses on understanding and explaining the emergence of cooperation in the Arctic through an exploration by leading scholars and experts on the region of a key set of interlinked questions. What constitutes the current form of Arctic governance? What explains the emergence of this form of governance in the Arctic? Which are the emerging dynamics and actors that affect regional governance today?
At a time when many regions of the world are facing growing confrontation and even conflict, the authors consider whether the experience of fashioning multilateral, cooperative and peaceful governance in the Arctic offers lessons to other parts of the world? Looking ahead, the volume is designed to explore the sustainability of current governance trends in the Arctic. To what extent is cooperation in the Arctic the result of issues specific to the region today? Are current relationships and institutions durable in the light of emerging competition and even confrontation between key Arctic players elsewhere in the world? What steps might be taken to consolidate cooperation as the central political and security dynamic in the Arctic?
Languages of Internationalism
Conference to take place at Birkbeck College,
University of London
25-26 May 2017
Deadline for submission of abstracts: 1 September 2016
Scholars have in recent years re-energized the study of how peoples, cultures, and economies came, over time, to be linked and entangled across all manner of borders. Transnationalism and internationalism continue to be the watchwords of much humanities and social sciences scholarship. Yet insufficient attention has been paid to the crucial politics of language in historical scenarios of internationalism as a lived or imagined human enterprise. Organised by the Reluctant Internationalists research group at Birkbeck College London in collaboration with Dr. Brigid O’Keeffe from Brooklyn College, CUNY, this conference will bring together historians, anthropologists, literary scholars, linguists, and scholars in related fields, to debate the languages of internationalism.
The goal of the conference is to shed light on the centrality of language to people’s past pursuit and experience of internationalism. Historians must better understand the linguistic realities that their subjects confronted in their various global networks and endeavors. For any agents of internationalism, language presented a wide variety of challenges and opportunities. It imposed obstacles and provided avenues to mutual understanding and collaboration among diverse peoples. The relative successes and failures of past internationalist projects in large measure owed to participants’ ability to effectively communicate across not just linguistic, but also political, cultural, economic, and professional boundaries. This fundamental and literal question of (mis)communication has dramatically shaped the lives of peoples variously confronting the global realities or pretensions of their milieus.
Conference participants will consider the frustrations and triumphs of human beings, in a wide variety of historical contexts, as they deployed language in their efforts to communicate across borders. In this way, the conference seeks better historical appreciation and understanding of language as a linchpin of transnational and international histories.
Submissions of individual papers on the following themes and topics are especially encouraged:
- Languages of Internationalism: When and why have languages helped or hindered internationalist projects? Roles played by lingua francas; bi-lingualism and multi-lingualism in border areas, cities, schools, refugee or POW camps; sign languages and deaf histories in global perspective; artificial languages as international auxiliary languages
- Language in Global Diplomacy and Cross-Cultural Exchange: Language politics by and within international organizations, including the League of Nations, United Nations, and others; (mis-)communication and international diplomacy; roles of interpreters and interpreting; connections between language and diplomatic failure; the role of language in educational, scholarly or artistic exchange programs
- (Mis-)Communicating Expertise in Science, Medicine, and Scholarship more generally: languages of technocracy; experts’ views on and uses of language and strategies of communication; international scholarly communities and the transmission of knowledge; differences between different fields of expertise; experts’ changing conceptions of ‘the public’ and how it can be reached
- Language Politics During and After Empire: Communication and questions of (linguistic) authority in colonial contexts; language and interpersonal relationships within and across empires; language and colonial diplomacy; language and postcolonial critique
- Linguistic Rights and Endangered Languages: Linguistic Rights; standardization and imposition of official or national languages; endangered languages and globalization
- Mass Media, Language, and Idea Transmission on the Global Stage: Communication and linking technologies such as the post, telegraph, radio, tv, and internet; language and global marketing; international publishing and translation projects
Please send paper titles, abstracts (300 – 400 words), and a brief academic biography (200 words) by 1 September 2016 to Brigid O’Keeffe (Brooklyn College, CUNY), email@example.com
There will be no conference fee. There will be limited funding available to contribute to the accommodation in London of junior scholars and those from institutions without research funds.
Torres Camprubí: Statehood under Water: Challenges of Sea-Level Rise to the Continuity of Pacific Island States
In Statehood under Water, Alejandra Torres Camprubí revisits the concept of statehood through an analysis on how sea-level rise and the Anthropocene challenge the territorial, demographical, and political dimensions of the State. Closely examining the fight for survival undertaken by low-lying Pacific Island States, the author engages with the legal and policy innovations necessary to address these new scenarios.
This monograph reacts against overly formal approaches to the law on statehood, and is devoted to the reconstruction of the context in which both the challenges, and the measures adopted to tackle them, are taking place. Progressively forged within the international community, it is the kind of political and ethical framework that will soon inform the potential transformation of the law on statehood.
Thursday, June 23, 2016
The 3rd Women in War and at War Conference, organised by The Open University Law School, The University of Warwick and Aberystwyth University will be held on 15th and 16th September 2016 at The Open University, Milton Keynes.
Call for Papers
Abstracts of a maximum of 250 words should be submitted by 30th June 2016 to the organising committee. Authors of selected abstracts will be informed by 25th July 2016. Conference registration will open on 25th July 2016.
31st October 2015 marked the 15 year anniversary of the adoption of the landmark UNSCR 1325. The Resolution formed the basis for the Women, Peace and Security (WPS) Agenda at the United Nations Security Council. Over the years, UNSCR 1325 and subsequent resolutions gave recognition to a variety of issues associated with women, modern armed conflicts and security. These included the recognition of the impact of conflict-related sexual violence on women and girls, various roles played by women in armed conflicts; calls for a greater accountability for crimes committed against women and girls in conflicts; the need to include women in all stages of conflict prevention, conflict resolution and post-conflict reconstruction.
Despite these advances, modern armed conflicts provide a challenge to the effective protection of women and girls, but also unveil various roles and representations of women in conflict and post-conflict settings. For instance, the reports of enslavement and mistreatment of Yezidi women and girls are contrasted with the examples of active support and participation of women in ISIS operations. In addition, the protracted nature of the conflict in Syria resulting in mass conflict-related migration brought back the debates about the effectiveness of protection afforded to persons fleeing armed conflict or situations of gross human rights violations. Furthermore, the inclusion and active involvement of women in peace processes and post-conflict reconstruction remains a major challenge.
How does international law as well as other disciplines respond to these developments? What do recent conflicts tell us about the contemporary representations of women in and at war? What lessons did we learn from the first 15 years of the WPS Agenda?
We invite proposals for papers in the following or related areas:
- Gender and conflict
- Women and conflict-related migration
- Women and ISIS
- WPS Agenda post-2015
- International Humanitarian Law: effectiveness and challenges
- International Criminal Law and the prosecution of gender-related crimes
- Representations of women in and at war
- Women, war and the media
- Women in post-conflict settings.
Start date: 15 September, 2016 at 09:00
End date: 16 September, 2016 at 17:00
Location: Michael Young Building, The Open University, Milton Keynes, MK7 6AA
Event booking details
Conference registration will open on 25th July 2016.
Name: Claire Wylde
Phone: 01908 332311
Why is the US so reluctant to join global multilateral treaties, even when those treaties are in line with its own policies? And how does it decide which treaties to ratify? Finding that the answers to these questions is less straightforward than may be apparent at first glance, Johannes Thimm explores the role of domestic politics in US unilateralism—and concludes that the real puzzle is not why the US supports so few international treaties, but rather how it manages to join any at all.
Call for Papers: Modernizing International Trade Law to Support Innovation and Sustainable Development
Security Council Resolution 2249 of 20 November 2015 was intended to open a new chapter in the fight against terrorism in general and against ISIS in particular. However, in academia this Resolution was received with criticism. After an analysis of SC Resolution 2249, it will be argued that the criteria developed for assessing jus ad bellum in inter-state relations are of no easy application in the relationship between states and non-state actors and in particular in regard to terrorists. If the prohibition of the use of force applies at all, this has to happen in a largely modified way. Fears that a lowered threshold for the use of force against terrorists will introduce a new “Hobbesian” element in international law do not appear to be justified. On the contrary, an international community showing more solidarity in the fight against terrorism will reinforce their Kantian traits. Resolution 2249 can offer an important contribution for such a development to take place.
Wednesday, June 22, 2016
- Piotr Szwedo, Limiting Sovereignty through Global Governance?
- Aneta Jakubiak-Mirończuk, The European model of lawmaking – assumptions and policies
- Kamil Mielus, Legal implications of Palestine’s enhanced status in the UN General Assembly
- Artur Żurawik, ‘Public interest’ and ‘common good’ general clauses in both Polish and European Union law
- Case Comments
- Łukasz Gruszczynski, EC – Seal Products: Public Morality Meets the World Trade Court
- Marek Jeżewski, Case-comment on the Yukos Awards
- Francesco Pesce, La tutela europea dei diritti fondamentali in materia familiare: recenti sviluppi
- Fabrizio Marongiu Buonaiuti, La continuità internazionale delle situazioni giuridiche e la tutela dei diritti umani di natura sostanziale: strumenti e limiti
- Il caso
- Olivia Lopes Pegna, Effetti in Italia del matrimonio fra persone dello stesso sesso celebrato all’estero: solo una questione di ri-qualificazione?
- Mario Perini, Matrimoni omoaffettivi: una chiara politica giudiziaria del Consiglio di Stato di netta chiusura
- Raffaella Nigro, La risoluzione del Consiglio di sicurezza delle Nazioni Unite n. 2249 (2015) e la legittimità dell’uso della forza contro l’ISIS in base al diritto internazionale
- Tullio Scovazzi, Segreto di Stato e diritti umani: il sipario nero sul caso Abu Omar
- Michele Nino, Land grabbing, sovranità territoriale e diritto alla terra dei popoli indigeni
- Alessandra Viviani, Land grabbing e diritti umani
- Angelica Bonfanti, Diritti umani e politiche dell’Unione europea in materia commerciale e di investimenti stranieri: la comunicazione Commercio per tutti, tra regionalismo e multilateralismo economico
- Giuseppe Puma, Il regime carcerario c.d. art. 41-bis nuovamente al vaglio della Corte di Strasburgo: il caso Paolello
- Antonio Giattini, La tutela dei dati personali davanti alla Corte di giustizia dell’UE: il caso Schrems e l’invalidità del sistema di ‘approdo sicuro’
- Amina Maneggia, Genocidio e processi di liberazione nazionale nella sentenza Vasiliauskas della Corte europea dei diritti umani
- Maria Eugenia Bartoloni, La direttiva rimpatri, il reingresso irregolare e la pena detentiva: una triangolazione dagli esiti … molto incerti
- Nicolas Binctin, Le renouveau du contentieux international de la propriété intellectuelle
- Pascal de Vareilles-Sommières, Autonomie et ordre public dans les principes de la Haye sur le choix de la loi applicable aux contrats commerciaux internationaux
- Denys-Sasha Robin, Statut et bien-être des animaux : Quelques remarques sur les balbutiements d’un droit international animalier
- Charles Leben, Liber Amicorum, Peter Haggenmacher, l’histoire du droit international ou la perte de l’innocence
- Ghislain Poissonnier & François Dubuisson, La question du Sahara occidental devant le Tribunal de l’Union européenne : une application approximative du droit international relatif aux territoires non autonomes
- Pierre Veron, Le règlement (UE) n° 542/2014 modifiant le règlement Bruxelles I (refonte) concernant les règles applicables à la juridiction unifiée du brevet et à la Cour de justice Benelux