Monday, August 8, 2022

New Additions to the UN Audiovisual Library of International Law

The Codification Division of the UN Office of Legal Affairs recently added the following materials to the UN Audiovisual Library of International Law: a mini-series on the Peaceful Settlement of International Disputes in Spanish by Marcelo Kohen, a lecture on The Responsibility of Armed Non-State Actors in Armed Conflicts in English by Annyssa Bellal and a lecture on Privileges and Immunities in Spanish by Ricardo Arredondo.

The Audiovisual Library of International Law is also available as a podcast on SoundCloud and can also be accessed through the relevant preinstalled applications on Apple or Google devices, or through the podcast application of your preference by searching “Audiovisual Library of International Law.”

New Volume: New Zealand Yearbook of International Law

The latest volume of the New Zealand Yearbook of International Law (Vol. 17, 2019) is out. Contents include:
  • Articles and Commentaries
    • Lisa Rösler, The Interrelationship of International Anti-Corruption Policies in Europe
    • Susanne Reindl-Krauskopf, The Role of the EC/EU in European Anti-Corruption Policy
    • Natacha Wisstt, Anti-Corruption Initiatives in the Pacific Islands: The Effectiveness of International, Regional, and Domestic Frameworks for Anti-corruption in the Pacific
    • Hannah Harris, Illegal Logging, Corruption and the Limitations of Destination Country Laws in the Pacific Context
    • Jernej Letnar Černič & Christian Bukor, The Potential United Nations Business and Human Rights Treaty: Turning of the Tides of Justice?
    • Otto Spijkers, Participation of Local Actors in the Governance of the Silala
    • Claire McGeorge, Crimes against Humanity? A Critical Analysis of Article 1F(A) of the Refugee Convention in New Zealand
    • Donna Lyons, Uncharted Waters: Navigating the Human Rights Committee’s Engagement of Article 6 in the Context of Climate Degradation
  • The South Pacific
    • Tony Angelo, Pacific Islands Forum 2019

Saturday, August 6, 2022

New Issue: International Journal of Refugee Law

The latest issue of the International Journal of Refugee Law (Vol. 34, no. 1, March 2022) is out. Contents include:
  • Joseph Lelliott, Unaccompanied Children in Limbo: The Causes and Consequences of Uncertain Legal Status
  • Petra Sussner, Addressing Heteronormativity: The Not-So-Lost Requirement of Discretion in (Austrian) Asylum Law
  • Danae F Georgoula, Building Walls at Sea: An Assessment of the Legality of the Greek Floating Barrier

Friday, August 5, 2022

New Issue: Journal of International Peacekeeping

The latest issue of the Journal of International Peacekeeping (Vol. 25, no. 2, 2022) is out. Contents include:
  • Special Issue: Forum on Peace and Security: Russia’s Invasion of Ukraine
    • T.D. Gill, The Jus ad Bellum and Russia’s “Special Military Operation” in Ukraine
    • Sergey Sayapin, A Short Commentary Concerning Russia’s Invasion of Ukraine and the Jus in Bello
    • Noëlle Quénivet, The Conflict in Ukraine and Genocide
    • Rebecca Barber, What Does the ‘Responsibility to Protect’ Require of States in Ukraine?
    • Rustam Atadjanov, Holding the Aggressor Accountable
    • Tamsin Phillipa Paige, Mission: Impossible? Reforming the UN Charter to Limit the Veto
    • Mason Richey & Leif-Eric Easley, Russia Attacks and the International Order Strikes Back

New Issue: International Journal of Transitional Justice

The latest issue of the International Journal of Transitional Justice (Vol. 16, no. 2, July 2022) is out. Contents include:
  • Editorial
    • Habib Nassar, Justice as Resistance: How Post-Arab Spring Experiences Are Reshaping the Global Transitional Justice Landscape
  • Articles
    • Pamina Firchow & Yvette Selim, Meaningful Engagement from the Bottom-Up? Taking Stock of Participation in Transitional Justice Processes
    • Wilhelm Verwoerd, Alistair Little, & Brandon Hamber, Peace as Betrayal: On the Human Cost of Relational Peacebuilding in Transitional Contexts
    • Johanna Mannergren Selimovic, The Stuff from the Siege: Transitional Justice and the Power of Everyday Objects in Museums
    • Nicole Fox & David Cunningham, Transitional Justice in Public and Private: Truth Commission Narratives in Greensboro
    • Mohamed Sesay, Decolonization of Postcolonial Africa: A Structural Justice Project More Radical than Transitional Justice
    • Carla Cubillos-Vega, Alejandra Zúñiga-Fajuri, Ximena Faúndez Abarca, Dahiana Gamboa Morales, & José Gaete Fiscella, Evolution of the Conception of Justice within the Field of Transitional Justice in Post-dictatorial Chilean Society

Combs: Dissent and Legitimacy in International Criminal Law

Nancy Combs (William & Mary Law School) has posted Dissent and Legitimacy in International Criminal Law (Wake Forest Law Review, forthcoming). Here's the abstract:
Throughout history, dissenting opinions have been subject to soaring praise as well as vitriolic criticism. Although some commentators nominally acknowledge that the normative value of dissenting opinions necessarily varies depending on the unique context in which the relevant court operates, in fact we see the same arguments advanced to support or oppose dissenting opinions, regardless of the court in which those opinions appear. Dissents are particularly prevalent in international criminal courts—those courts established to prosecute the worst crimes known to humankind: genocide, war crimes, and crimes against humanity. Although dissents in these courts have garnered little scholarly attention, the few normative arguments that have been made track those that have been advanced for decades in the United States and other judicial systems. In a previous work, I launched a comprehensive empirical and normative analysis of separate opinions in international criminal law. Whereas my earlier scholarship laid the groundwork and evaluated certain alleged benefits of separate opinions, this article begins by empirically assessing their costs. The article then evaluates the primary normative claim made in support of separate opinions both domestically and internationally: that they enhance the legitimacy of the court and its opinions. These examinations reveal that previous commentators have employed one-size-fits-all analyses that fail to take account of the unique features of international criminal courts and mass atrocity trials. These features complicate the relationship between separate opinions and legitimacy, but the quantitative and qualitative evidence combined strongly suggest that separate opinions are likely to delegitimize an already fragile, vulnerable criminal justice system.

Rigney: Fairness and Rights in International Criminal Procedure

Sophie Rigney
(Univ. of New South Wales - Indigenous Law Centre) has published Fairness and Rights in International Criminal Procedure (Edinburgh Univ. Press 2022). Here's the abstract:

Controversial cases such as the Karadžić trial and the Bemba acquittal have highlighted the importance of fairness in international criminal trials. Through an in-depth critical analysis of procedural decisions at the ICTY and ICC between 2008 and 2018, Sophie Rigney shows that there is a clear separation between fairness and rights in practice.

Rigney demonstrates the various ways that fairness is invoked in international criminal law decisions – ways that are not always consistent, and are frequently at odds with defendants’ rights. She builds a new theoretical framework for understanding the concept and application of fairness and rights in international trials. In this way, she offers new paths for solving the problems currently plaguing those researching, designing, practising, adjudicating and being judged by international criminal law.

Thursday, August 4, 2022

New Issue: European Journal of International Law

The latest issue of the European Journal of International Law (Vol. 33, no. 1, February 2022) is out. Contents include:
  • Editorial
    • On My Way Out – Advice to Young Scholars VII: Taking Exams Seriously (Part 1); Vital Statistics; In This Issue; In This Issue – Reviews
  • Symposium: International Law and Inequalities
    • Anne van Aaken, Diane Desierto, Isabel Feichtner, Jan Klabbers, Doreen Lustig, Sarah M.H. Nouwen, & Joseph H.H. Weiler, Introduction: International Law and Inequalities
    • Petra Weingerl & Matjaž Tratnik, Climbing the Wall around EU Citizenship: Has the Time Come to Align Third-Country Nationals with Intra-EU Migrants?
    • Lorenzo Gradoni & Luca Pasquet, Voice under Domination: Notes on the Making and Significance of the United Nations Declaration on the Rights of Peasants
    • David Schneiderman, International Investment Law and Discipline for the Indebted
    • Johan Horst, Inequality, Law and Distribution in Transnational Financial Markets
    • Donatella Alessandrini, A Not So ‘New Dawn’ for International Economic Law and Development: Towards a Social Reproduction Approach to GVCs
    • Bernard Hoekman, On Trade Agreements and a Social Reproduction Approach to GVCs: A Reply to Donatella Alessandrini
    • Dimitri Van Den Meerssche, Virtual Borders: International Law and the Elusive Inequalities of Algorithmic Association
    • Shin-yi Peng, The Uneasy Interplay between Digital Inequality and International Economic Law
    • Amrita Bahri & Daria Boklan, Not Just Sea Turtles, Let’s Protect Women Too: Invoking Public Morality Exception or Negotiating a New Gender Exception in Trade Agreements?
  • Roaming Charges
    • Lorenzo Gradoni, Blue Sky Thinking
  • Review Essay
    • Heike Krieger, Of Zombies, Witches and Wizards – Tales of Sovereignty
  • Book Reviews
    • Jason Beckett, reviewing Vijayashri Sripati, Constitution-Making under UN Auspices: Fostering Dependency in Sovereign Lands
    • Taylor St John, reviewing Nicolás Perrone, Investment Treaties and the Legal Imagination: How Foreign Investors Play by Their Own Rules
    • Miriam Bak McKenna, reviewing Thomas Burri and Jamie Trinidad, The International Court of Justice and Decolonisation: New Directions from the Chagos Advisory Opinion
    • Jörg Kammerhofer, reviewing Sondre Torp Helmersen, The Application of Teachings by the International Court of Justice
    • Callum Musto, reviewing Esmé Shirlow, Judging at the Interface: Deference to State Decision-Making Authority in International Adjudication
  • The Last Page
    • Charlotte Anna Perkins Gilman, The Anti-Suffragists

Tuesday, August 2, 2022

Sabel & Victor: Fixing the Climate: Strategies for an Uncertain World

Charles F. Sabel
(Columbia Univ. - Law) & David G. Victor (Univ. of California, San Diego - School of Global Policy and Strategy) have published Fixing the Climate: Strategies for an Uncertain World (Princeton Univ. Press 2022). Here's the abstract:

Global climate diplomacy—from the Kyoto Protocol to the Paris Agreement—is not working. Despite decades of sustained negotiations by world leaders, the climate crisis continues to worsen. The solution is within our grasp—but we will not achieve it through top-down global treaties or grand bargains among nations.

Charles Sabel and David Victor explain why the profound transformations needed for deep cuts in emissions must arise locally, with government and business working together to experiment with new technologies, quickly learn the best solutions, and spread that information globally. Sabel and Victor show how some of the most iconic successes in environmental policy were products of this experimentalist approach to problem solving, such as the Montreal Protocol on the ozone layer, the rise of electric vehicles, and Europe’s success in controlling water pollution. They argue that the Paris Agreement is at best an umbrella under which local experimentation can push the technological frontier and help societies around the world learn how to deploy the technologies and policies needed to tackle this daunting global problem.

A visionary book that fundamentally reorients our thinking about the climate crisis, Fixing the Climate is a road map to institutional design that can finally lead to self-sustaining reductions in emissions that years of global diplomacy have failed to deliver.

New Issue: Ethics & International Affairs

The latest issue of Ethics & International Affairs (Vol. 36, no. 2, Summer 2022) is out. Contents include:
  • Essay
    • Eva Hilberg, The Terra Nullius of Intellectual Property
  • Roundtable: Vulnerable Communities, Future Generations, and Political Representation in Climate Policy and Practice
    • Morten Fibieger Byskov & Keith Hyams, Introduction: Representing Vulnerable Communities and Future Generations in the Face of Climate Change
    • Simon Caney, Global Climate Governance, Short-Termism, and the Vulnerability of Future Generations
    • Stephen M. Gardiner, On the Scope of Institutions for Future Generations: Defending an Expansive Global Constitutional Convention That Protects against Squandering Generations
    • Colin Hickey, Climate Justice and Informal Representation
    • Morten Fibieger Byskov & Keith Hyams, Who Should Represent Future Generations in Climate Planning?
    • Marco Grix & Krushil Watene, Communities and Climate Change: Why Practices and Practitioners Matter
  • Feature
    • Gordon Arlen & Carlo Burelli, Getting Real about Taxes: Offshore Tax Sheltering and Realism's Ethic of Responsibility
  • Review Essay
    • Theresa Reinold, Holding International Organizations Accountable: Toward a Right to Justification in Global Governance?

Monday, August 1, 2022

New Issue: Journal of International Criminal Justice

The latest issue of the Journal of International Criminal Justice (Vol. 20, no. 2, May 2022) is out. Contents include:
  • Articles
    • Darryl Robinson, Ecocide — Puzzles and Possibilities
    • Albert Nell, A Rhetorical Reading of Self–Other Polarities in Counsel Arguments made before the Trials of Major Criminals at Nuremberg and Tokyo
    • Florian Jeßberger & Leonie Steinl, Strategic Litigation in International Criminal Justice: Facilitating a View from Within
    • Carla Ferstman & Marina Sharpe, Iran’s Arbitrary Detention of Foreign and Dual Nationals as Hostage-taking and Crimes Against Humanity
  • Cases Before International Courts and Tribunals
    • Miles Jackson, Causation and the Legal Character of Command Responsibility after Bemba at the International Criminal Court
  • National Prosecution of International Crimes: Legislation and Cases
    • Seunghyun Nam, Court Decisions in the Republic of Korea on Japan's Accountability for Sexual Slavery of the Comfort Women
    • Jeremy Pizzi, Peddling Atrocity: Holding Canadian Corporations Responsible for Core International Crimes

New Issue: Questions of International Law

The latest issue of Questions of International Law / Questioni di Diritto Internazionale (no. 94, 2022) is out. Contents include:
  • Jurisditional Immunities Again
    • Introduced by Serena Forlati and Pietro Franzina
    • Karin Oellers-Frahm, Questions relating to the request for the indication of provisional measures in the case Germany v Italy
    • Riccardo Pavoni, Germany versus Italy reloaded: Whither a human rights limitation to State immunity?
    • Pierfrancesco Rossi, Italian courts and the evolution of the law of State immunity: A reassessment of Judgment no 238/2014
    • Giulia Berrino, The impact of Article 43 of Decree-Law no 36/2022 on enforcement proceedings regarding German State-owned assets

Sommerer, Agné, Zelli, & Bes: Global Legitimacy Crises: Decline and Revival in Multilateral Governance

Thomas Sommerer
(Univ. of Potsdam - Political Science), Hans Agné (Stockholm Univ. - Political Science), Fariborz Zelli (Lund Univ. - Political Science), & Bart Bes (Lund Univ.) have published Global Legitimacy Crises: Decline and Revival in Multilateral Governance (Oxford Univ. Press 2022). This is an open access book. Here's the abstract:
Global Legitimacy Crises addresses the consequences of legitimacy in global governance, in particular asking: when and how do legitimacy crises affect international organizations and their capacity to rule. The book starts with a new conceptualization of legitimacy crisis that looks at public challenges from a variety of actors. Based on this conceptualization, it applies a mixed-methods approach to identify and examine legitimacy crises, starting with a quantitative analysis of mass media data on challenges of a sample of 32 IOs. It shows that some, but not all organizations have experienced legitimacy crises, spread over several decades from 1985 to 2020. Following this, the book presents a qualitative study to further examine legitimacy crises of two selected case studies: the WTO and the UNFCCC. Whereas earlier research assumed that legitimacy crises have negative consequences, the book introduces a theoretical framework that privileges the activation inherent in a legitimacy crisis. It holds that this activation may not only harm an IO, but could also strengthen it, in terms of its material, institutional, and decision-making capacity. The following statistical analysis shows that whether a crisis has predominantly negative or positive effects depends on a variety of factors. These include the specific audience whose challenges define a certain crisis, and several institutional properties of the targeted organization. The ensuing in-depth analysis of the WTO and the UNFCCC further reveals how legitimacy crises and both positive and negative consequences are interlinked, and that effects of crises are sometimes even visible beyond the organizational borders.

Merkouris & Mileva: Introduction to the Series ‘Customary Law Interpretation as a Tool’

Panos Merkouris (Univ. of Groningen - Law) & Nina Mileva (Univ. of Groningen - Law) have posted an ESIL Reflection on Introduction to the Series ‘Customary Law Interpretation as a Tool’.

Selvadurai: Law, War and the Penumbra of Uncertainty: Legal Cultures, Extra-legal Reasoning and the Use of Force

Sam Selvadurai
 has published Law, War and the Penumbra of Uncertainty: Legal Cultures, Extra-legal Reasoning and the Use of Force (Cambridge Univ. Press 2022). Here's the abstract:
This book argues that lawyers must often rely on contestable ethical and strategic intuitions when dealing with legal and factual uncertainties in 'hard cases' of resort to force. This area of international law relies on multiple tests which can be interpreted in different ways, do not yield binary 'yes/no' answers, and together define 'paradigms' of lawful and unlawful force. Controversial cases of force differ from these paradigms, requiring lawyers to assess complex, incomplete factual evidence, and to forecast the immediate and long-term consequences of using and not using force. Legal rules cannot resolve such uncertainties; instead, techniques from legal risk management, strategic intelligence assessment and political forecasting may help. This study develops these arguments using the philosophy of knowledge, socio-legal, politico-strategic and ethical theory, structured interviews and a survey with 31 UK-based international lawyers, and systematic analysis of key International Court of Justice cases and scholarly assessments of US-led interventions.

New Issue: Journal of World Intellectual Property

The latest issue of the Journal of World Intellectual Property (Vol. 25, no. 2, July 2022) is out. Contents include:
  • Articles
    • Amit Kumar Jha & Priyanka Rajan, Software protection and software piracy
    • Nimmy Saira Zachariah, Patent as security in insolvency process: Problems and solutions
    • Kunle Ola, Role of traditional knowledge in the COVID-19 battle
    • Mitja Kovac & Lana Rakovec, The COVID-19 pandemic and long-term incentives for developing vaccines: Patent law under stress
    • Muhammad Z. Abbas, Patent law and 3D printing applications in response to COVID-19: Exceptions to inventor rights
    • Irina Razinkina, Mariya Bulatenko, Sergei Chernov, & Valeriy Prasolov, Ethical and legal balance of modern economic intelligence
    • David J. Jefferson, Treasured relations: Towards partnership and the protection of Māori relationships with taonga plants in Aotearoa New Zealand
    • Kheira Mousseddek, The legal protection of new plant varieties in Algerian and American system
    • Olugbenga A. Olatunji, Historical account of dwindling national flexibilities from the Paris Convention to post-TRIPS era: What implications for access-to-medicines in low-and-middle-income-countries?
    • Wathsala R. Samaranayake, A critical evaluation of the interface between intellectual property rights and human rights with special emphasis on indigenous intellectual property
    • Anitha Ramanna & Regine Andersen, Stewardship or ownership in India: Options for community seed banks in managing crop genetic resources in relation to intellectual property rights
    • Rahul Sharma, Lavanya Madhusoodanan, Patrika Soni, & Amit Dubey, Biodiversity and intellectual property rights: Conflict or synergy
    • Edison Bicudo, Michael Morrison, Phoebe Li, Alex Faulkner, Andrew Webster, Miranda Mourby, & Jane Kaye, Patent power in biomedical innovation: Technology governance in biomodifying technologies
    • Supriya Bhandarkar & Meenakshi Rajeev, What determines foreign direct investment to India's pharmaceutical sector? Intellectual property implementation versus inherent institutional strength
    • Amy Tesoriero, Using the flexibilities of Article 30 TRIPS to implement patent exceptions in pursuit of Sustainable Development Goal 3
    • Felix K. Hess, US anti-suit injunctions and German anti-anti-suit injunctions in SEP disputes
    • Tito Rendas, Streaming platforms under Portuguese copyright law
  • Notes
    • Stephen J. Maxwell & Michael Underdown, A potential intellectual property issue with the way in which some nomenclature code decisions are made
    • Muzamil Farooq, Abid Bashir, & Nufazil Altaf, Patent law failure: A systematic literature review

Sunday, July 31, 2022

Bexell, Jönsson, & Uhlin: Legitimation and Delegitimation in Global Governance: Practices, Justifications, and Audiences

Magdalena Bexell
(Lund Univ. - Political Science), Kristina Jönsson (Lund Univ. - Political Science), & Anders Uhlin (Lund Univ. - Political Science) have published Legitimation and Delegitimation in Global Governance: Practices, Justifications, and Audiences (Oxford Univ. Press 2022). This is an open access book. Here's the abstract:
The legitimacy of global governance institutions is both contested and defended in contemporary global politics. Legitimation and Delegitimation in Global Governance explores processes of legitimation and delegitimation of such institutions. How, why, and with what impact on audiences, are global governance institutions legitimated and delegitimated? The book develops a comprehensive theoretical framework for studying processes of (de)legitimation in governance beyond the state. It provides broad comparative analyses to uncover previously unexplored patterns of (de)legitimation processes. A diverse set of global and regional governmental and nongovernmental institutions in different policy fields are included. Variation across these institutions is explained with reference to institutional set-up, policy field characteristics, and broader social structures, as well as to the qualities of agents of (de)legitimation. The approach builds on a mixed-methods research design that uses quantitative and qualitative new empirical data. Three main interlinked elements of processes of legitimation and delegitimation are at the center of the analysis: the varied practices employed by different agents that may boost or challenge the legitimacy of institutions; the normative justifications that these agents draw on when engaging in legitimation and delegitimation practices; and the different audiences that may be impacted by legitimation and delegitimation. This results in a dynamic interplay between legitimation and delegitimation in contestation over the legitimacy of GGIs.

Saturday, July 30, 2022

Richmond: The Grand Design: The Evolution of the International Peace Architecture

Oliver P. Richmond
(Univ. of Manchester - International Relations) has published The Grand Design: The Evolution of the International Peace Architecture (Oxford Univ. Press 2022). Here's the abstract:

The guiding principle of peacemaking and peacebuilding over the past quarter century has been "liberal peace": the promotion of democracy, capitalism, law, and respect for human rights. These components represent a historic effort to prevent a reoccurrence of the nationalism, fascism, and economic collapse that led to the World Wars as well as many later conflicts. Ultimately, this strategy has been somewhat successful in reducing war between countries, but it has failed to produce legitimate and sustainable forms of peace at the domestic level. The goals of peacebuilding have changed over time and place, but they have always been built around compromise via processes of intervention aimed at supporting "progress" in conflict-affected countries. They have simultaneously promoted changes in the regional and global order.

As Oliver P. Richmond argues in this book, the concept of peace has evolved continuously through several eras: from the imperial era, through the states-system, liberal, and current neoliberal eras of states and markets. It holds the prospect of developing further through the emerging "digital" era of transnational networks, new technologies, and heightened mobility. Yet, as recent studies have shown, only a minority of modern peace agreements survive for more than a few years and many peace agreements and peacebuilding missions have become intractable, blocked, or frozen. This casts a shadow on the legitimacy, stability, and effectiveness of the overall international peace architecture, reflecting significant problems in the evolution of an often violently contested international and domestic order.

This book examines the development of the international peace architecture, a "grand design" comprising various subsequent attempts to develop a peaceful international order. Richmond examines six main theoretical-historical stages in this process often addressed through peacekeeping and international mediation, including the balance of power mechanism of the 19th Century, liberal internationalism after World War I, and the expansion of rights and decolonization after World War II. It also includes liberal peacebuilding after the end of the Cold War, neoliberal statebuilding during the 2000s, and an as yet unresolved current "digital" stage. They have produced a substantial, though fragile, international peace architecture. However, it is always entangled with, and hindered by, blockages and a more substantial counter-peace framework. The Grand Design provides a sweeping look at the troubled history of peace processes, peacemaking, peacekeeping, and peacebuilding, and their effects on the evolution of international order. It also considers what the next stage may bring.

Moloney: Who Matters at the World Bank? Bureaucrats, Policy Change, and Public Sector Governance

Kim Moloney
(Hamid Bin Khalifa Univ. - Public Policy) has published Who Matters at the World Bank? Bureaucrats, Policy Change, and Public Sector Governance (Oxford Univ. Press 2022). Here's the abstract:
Who Matters at the World Bank explores "who matters" in a 32-year history (1980-2012) of policy change within the World Bank's public sector management and public sector governance agenda, and is anchored within the public administration discipline and its understanding of bureaucracy, bureaucratic politics, and stakeholder influences. In response to constructivist scholars' concerns about politics and the organizational culture of international civil servants within international organizations, Kim Moloney uses stakeholder theory and a bureaucratic politics approach to suggest the normality of politics, policy debate, and policy evolution. The book also highlights how for 21 of those 32 years it was not external stakeholders but the international civil servants of the World Bank who most influenced, led, developed, and institutionalized this sector's agenda. In so doing, the book explains how one sector of the Bank's work rose, against the odds, from being included in just under 3% of approved projects in 1980 to 73% of all projects approved between 1991 and 2012.

Alschner: Investment Arbitration and State-Driven Reform: New Treaties, Old Outcomes

Wolfgang Alschner
(Univ. of Ottawa - Law) has published Investment Arbitration and State-Driven Reform: New Treaties, Old Outcomes (Oxford Univ. Press 2022). Here's the abstract:

States' efforts to reform the international investment regime have triggered an arbitral backlash. In response to shortcomings of earlier investment agreements, states concluded a new generation of investment treaties that actively balances investment protection obligations with host country policy space. These new-generation agreements are more comprehensive, more precise, and include novel features such as general public policy exceptions. This book reviews the first set of awards rendered under those agreements and finds that new treaties have produced old interpretive outcomes in investment arbitration, and undermine state-driven investment reforms.

Adopting a systemic, evidence-based, and interdisciplinary perspective, the book leverages new data that comprehensively reflects regime dynamics, employs state-of-the-art technology including legal data science to treat the text of more than 3000 investment agreements as data, and draws from a range of theoretical frameworks spanning from law and economics to complexity science. The result is a new and authoritative empirical account of the evolution and current state of the international investment regime.

Chilton & Woda: The Expanding Universe of Bilateral Labor Agreements

Adam Chilton (Univ. of Chicago - Law) & Bartosz Woda (Univ. of Chicago - Law) have posted The Expanding Universe of Bilateral Labor Agreements (Theoretical Inquiries in Law, Vol. 23, no. 2, 2022). Here's the abstract:
In the seventy-five years since the end of World War II, pairs of countries have entered into over a thousand bilateral labor agreements (BLAs) to regulate the cross-border flow of workers. These agreements have received little public or academic attention. This is likely, in part, because there is limited data or easily available information on BLAs. This Article hopes to change that by introducing three new resources: (1) a dataset documenting the formation of over 1,200 BLAs; (2) a corpus including the texts of over 800 BLAs; and (3) a dataset coding whether over 500 BLAs mention twenty topics that the ILO has identified as best practices for these agreements. Using this data, we show that, unlike some other forms of bilateral agreements, the rate of BLAs being signed has remained relatively high during the first two decades of the twenty-first century. Additionally, we also show evidence that, although many BLAs were formed during this period, relatively few agreements include various worker protections advocated for by activists, scholars, and NGOs.

Parella: The Symbiosis between Corporate Governance & International Law

Kish Parella (Washington and Lee Univ. - Law) has posted The Symbiosis between Corporate Governance & International Law (in A Research Agenda for Corporate Law (Christopher Bruner & Marc Moore eds., forthcoming). Here's the abstract:
International law and corporate governance share a special relationship: each can offer a way to address shortcomings in the other. International law offers potential solutions to negative externalities generated by corporate activity that harm consumers, employees, local communities, and a variety of non-shareholder parties. A variety of international agreements, customary international law, and non-binding recommendations address many of these externalities and can improve corporate conduct if adopted within corporate governance. The challenge is that international law norms are often under-enforced by state actors, thereby limiting their reach to corporate actors. However, corporate actors can address this shortcoming by directly incorporating international law into board oversight, management practices, and contract design. The incorporation of international law into corporate governance confronts both the corporate governance gap by addressing corporate externalities and the global governance gap by addressing international law’s enforcement challenge. This Chapter explained that a variety of stakeholder mechanisms apply international law norms to corporate governance and are therefore integral to making this symbiosis effective.

Friday, July 29, 2022

New Issue: Human Rights Quarterly

The latest issue of the Human Rights Quarterly (Vol. 44, no. 3, August 2022) is out. Contents include:
  • Rhoda E. Howard-Hassmann & Neil McLaughlin, Ideacide: How On-Line Petitions and Open Letters Undermine Academic Freedom and Free Expression
  • Jeremy Julian Sarkin & Ross Callum Capazorio, The Syrian Conflict as a Test Case for the Limits of the International Community and International Law: Global Politics and State Sovereignty Versus Human Rights Protection
  • Dennis P. Petri & Marlies Glasius, Vulnerability and Active Religious Behavior: Christians and Crime Syndicates in Mexico
  • Daniel Braaten, A Triangle of Vulnerability: Global Demand for Resources, Political Marginalization, and a Culture of Impunity as Causes of Environmental Defender Killings
  • Sarah Craggs, Tiffany Deguzman, Ivey Dyson, Helena von Nagy, Bryce Rosenbower, & Eric Stover, Finding a Middle Ground? International Humanitarian Aid Organizations, Information Sharing, and the Pursuit of International Justice
  • Mastura Alim, Clemence Due, & Peter Strelan, Understanding and Restoring Justice: A Qualitative Study of Uyghurs in Australia
  • Caitlin Mollica, Sara E. Davies, Jacqui True, Sri Wiyanti Eddyono, Bhavani Fonseka, & Melissa Johnston, Women and the Justice Divide in Asia Pacific: How can Informal and Formal Institutions Bridge the Gap?

Thursday, July 28, 2022

Luque Macías: Re-Politicising International Investment Law in Latin America through the Duty to Regulate Paradigm

María José Luque Macías
has published Re-Politicising International Investment Law in Latin America through the Duty to Regulate Paradigm (Springer 2022). Here's the abstract:
This book offers insights into how international investment law (IIL) has frustrated states’ protection of human rights in Latin America, and IIL has generally abstained from dealing with inter-regime frictions. In these circumstances, this study not only argues that IIL should be an object of contention and debate (‘politicisation’). It also contends that Latin American countries have traditionally been the frontrunners in the politicisation of international legal instruments protecting foreign investment, questioning whether the paradigms informing their claims’ articulation are adequate to frame this debate. It demonstrates that the so-called ‘right to regulate’ is the paradigm now prevalently used to challenge IIL, but that it is inadequate from a human rights perspective. Hence, the book calls for a re-politicisation of IIL in Latin America through a re-conceptualization of how states’ regulation of foreign investment is understood under international human rights law, which entails viewing it as an international duty. After determining what the ‘duty to regulate’ constitutes in relation to the right to water and indigenous peoples’ right to lands based on human rights doctrine, the book analyses the extent to which Latin American countries are currently re-politicising IIL through an articulation of this international duty, and arbitral tribunals’ responses to their argumentative strategies. Based on these findings, the book not only proposes investment treaties’ reform to anchor the ‘duty to regulate’ paradigm in IIL, and in the process, to induce tribunals’ engagement with human rights arguments when they come to underpin respondent states’ defences in investor-state dispute settlement (ISDS). In addition, drawing upon the (now likely defunct) idea of creating a regional ISDS tribunal, the book briefly reflects on options available to such a tribunal in terms of dealing with troubling normative/institutional interactions between regimes during ISDS proceedings.

New Issue: Journal of Conflict Resolution

The latest issue of the Journal of Conflict Resolution (Vol. 66, nos. 7-8, August-September 2022) is out. Contents include:
  • Articles
    • Peter Krause, Daniel Gustafson, Jordan Theriault, & Liane Young, Knowing is Half the Battle: How Education Decreases the Fear of Terrorism
    • Federico Masera & Hasin Yousaf, The Charitable Terrorist: State Capacity and the Support for the Pakistani Taliban
    • Mark Peffley, Marc L. Hutchison, & Michal Shamir, Terrorism and Political Tolerance toward “Fellow Travelers”
    • Melani Cammett, Christiana Parreira, Dominika Kruszewska-Eduardo, & Sami Atallah, Commitment to the “National” in Post-Conflict Countries: Public and Private Security Provision in Lebanon
    • Richard E Ericson & Lester A Zeager, Coordination and Fair Division in Refugee Responsibility Sharing
    • Howard Liu, Dissent Networks, State Repression, and Strategic Clemency for Defection
    • Charles Butcher & Jonathan Pinckney, Friday on My Mind: Re-Assessing the Impact of Protest Size on Government Concessions
    • Christopher W. Blair, Restitution or Retribution? Detainee Payments and Insurgent Violence
    • Henrikas Bartusevičius & Florian van Leeuwen, Poor Prospects—Not Inequality—Motivate Political Violence
    • Donald Grasse, Oil Crops and Social Conflict: Evidence From Indonesia
    • Matthew Cancian, The Impact of Modern-System Training on Battlefield Participation by Kurdish Soldiers
    • Noam Reich, Signaling Strength with Handicaps
  • Data Set Feature
    • Joshua Jackson, Andrew P. Owsiak, Gary Goertz, & Paul F. Diehl, Getting to the Root of the Issue(s): Expanding the Study of Issues in MIDs (the MID-Issue Dataset, Version 1.0)