There are currently over 100 stateless nations pressing for greater self-determination around the globe. The vast majority of these groups will never achieve independence. Many groups will receive some accommodation over self-determination, many will engage in civil war over self-determination, and in many cases, internecine violence will plague these groups. This book examines the dynamic internal politics of states and self-determination groups. The internal structure and political dynamics of states and self-determination groups significantly affect information and credibility problems faced by these actors, as well as the incentives and opportunities for states to pursue partial accommodation of these groups.
Using new data on the internal structure of all self-determination groups and their states and on all accommodation in self-determination disputes, this book shows that states with some, but not too many, internal divisions are best able to accommodate self-determination groups and avoid civil war. When groups are more internally divided, they are both much more likely to be accommodated and to get into civil war with the state, and also more likely to have fighting within the group. Detailed comparison of three self-determination disputes in the conflict-torn region of northeast India reveals that internal divisions in states and groups affect when these groups get the accommodation they seek, which groups violently rebel, and whether actors target violence against their own co-ethnics.
The argument and evidence in this book reveal the dynamic effect that internal divisions within SD groups and states have on their ability to bargain over self-determination. Kathleen Gallagher Cunningham demonstrates that understanding the relations between states and SD groups requires looking at the politics inside these actors.
Wednesday, October 22, 2014
- Daniel A. Farber, International law and the disaster cycle
- Toshiya Ueki, Natural disasters and the theory of international law
- Imogen Saunders, International disaster relief law and article 38(1)(c) of the statute of the international court of justice: the forgotten source of international law
- Emika Tokunaga, Evolution of international disaster response law: towards codification and progressive development of the law
- Claire Clement, International disaster response laws, rules, and principles: a pragmatic approach to strengthening international disaster response mechanisms
- Yukari Takamura, Release of radioactive substances into the sea and international law: the Japanese experience in the course of nuclear disaster
- Kirsten Nakjavani Bookmiller, The international law of ninety-six hours: urban search and rescue teams and the current state of international disaster response law
- Catherine Gribbin & Ilario Maiolo, Legal framework applicable to humanitarian actors responding to disasters in weak and fragile states
- Catherine Shanahan Renshaw, Disasters, despots, and gun-boat diplomacy
- Katie Sykes, Hunger without frontiers: the right to food and state obligations to migrants
- Akiko Ito, Disasters, international law, and persons with disabilities
- Brian R. Israel, Help from above: the role of international law in facilitating the use of outer space for disaster management
- Paul Govind, Utilizing international climate-change-adaptation funding to reduce risks of natural disasters in the developing world
- Amelia Telec, Challenges to state sovereignty in the provision of international natural disaster relief
- Kentaro Nishimoto, The role of international organizations in disaster response: a case study of recent earthquakes in Japan
- Ibironke T. Odumosu-Ayanu, International investment law and disasters: necessity, peoples, and the burden of (economic) emergencies
- Dug Cubie, Clarifying the acquis humanitaire: a transnational legal perspective on the internalization of humanitarian norms
Certain types of crime are increasingly being perpetrated across national borders and require a unified regional or global response to combat them. Transnational criminal law covers both the international treaty obligations which require States to introduce specific substantive measures into their domestic criminal law schemes, and an allied procedural dimension concerned with the articulation of inter-state cooperation in pursuit of the alleged transnational criminal.
The Routledge Handbook of Transnational Criminal Law provides a comprehensive overview of the system which is designed to regulate cross border crime. The book looks at the history and development of the system, asking questions as to the principal purpose and effectiveness of transnational criminal law as it currently stands. The book brings together experts in the field, both scholars and practitioners, in order to offer original and forward-looking analyses of the key elements of the transnational criminal law.
The Rome Statute of the International Criminal Court defines more than ninety crimes that fall within the Court's jurisdiction: genocide, other crimes against humanity, war crimes and aggression. How these crimes are interpreted contributes to findings of individual criminal liability, and moreover affects the perceived legitimacy of the Court. And yet, to date, there is no agreed-upon approach to interpreting these definitions. This book offers practitioners and scholars a guiding principle, arguments and aids necessary for the interpretation of international crimes. Leena Grover surveys the jurisprudence of the International Criminal Tribunals for the former Yugoslavia and Rwanda before presenting a model of interpretive reasoning that integrates the guidance within the Rome Statute into articles 31-33 of the Vienna Convention on the Law of Treaties (1969).
Tuesday, October 21, 2014
The legitimacy of the WTO's decision-making process has always been questioned, and many have advocated public participation mechanisms as a remedy. Yves Bonzon considers the limits and potential of these mechanisms by advancing a conceptual framework which distinguishes the four 'implementation parameters' of public participation: the goal, the object, the modalities, and the actors. He addresses the issue of legitimacy by considering to what extent, and by virtue of which legal developments, one can see implementing the democratic principle as a goal for public participation in the context of the WTO. By analysing the institutional structure of the WTO and its different types of decisions, he then outlines how this goal should influence the object and modalities of public participation, which decision-making procedures should be opened to public participation, and how the mechanisms should be implemented in practice. Finally, he suggests specific amendments to existing WTO arrangements on public participation.
- Jeffrey J. Smith, Evolving to Conservation?: The International Court's Decision in the Australia/Japan Whaling Case
- Anastasia Telesetsky, Donald K. Anton & Timo Koivurova, ICJ's Decision in Australia v. Japan: Giving up the Spear or Refining the Scientific Design?
- Lars H. Gulbrandsen & Geir Hønneland, Fisheries Certification in Russia: The Emergence of Nonstate Authority in a Postcommunist Economy
- Bing Bing Jia, A Preliminary Study of the Title to Huangyan Island (Scarborough Reef/Shoal)
- Hyun Jung Kim, Natural Prolongation: A Living Myth in the Regime of the Continental Shelf?
- Claudia T. Salomon & Sandra Friedrich, Obtaining and submitting evidence in international arbitration in the United States
- Armin Steinbach, The treatment of confidential information in WTO dispute settlement proceedings
- Gabriele Mazzini, The European Union and investor-state arbitration: a work in progress
- Stefanie Pfisterer, The arbitrator as settlement facilitator
Organized by Harlan Cohen (University of Georgia School of Law), the workshop will bring together scholars working at the cutting edge in a variety of different fields, including constructivist international relations theory, anthropology, behavioral law and economics, organizations theory, social psychology, and sociology to discuss how these approaches can best be applied to the study of international law, how these approaches can complement both each other and positivist and rationalist accounts, the opportunities and challenges of working across these fields, and the development of a common language and tools to study how international actors actually behave, how their rationality is bounded by psychology, how they operate as members of groups and recipients of culture, and how they write and follow organizational scripts. Participants include Elena Baylis (University of Pittsburgh School of Law), Tomer Broude (Hebrew University Faculty of Law), Adam Chilton (University of Chicago School of Law), Sungjoon Cho (IIT Chicago-Kent College of Law), Martha Finnemore (George Washington University School of Law Elliott School of International Affairs), Jean Galbraith (University of Pennsylvania Law School), Derek Jinks (University of Texas School of Law), Ron Levi (University of Toronto Global Affairs and Sociology), Tim Meyer (University of Georgia School of Law), Galit Sarfaty (University of British Columbia Faculty of Law), and Kathryn Sikkink (Harvard Kennedy School). A book based on presentations at the workshop will follow.
Monday, October 20, 2014
- Eduardo Vargas Carreño, La Corte Internacional de Justicia: su organización y competencia
- Jaime Lagos Erazo, Antecedentes procesales sobre la controversia marítima Perú c. Chile
- Mario Arnello Romo, La sentencia de la Corte Internacional de Justicia sobre el límite marítimo Perú c. Chile confirma la pérdida de juridicidad que prevalece en la justicia internacional
- Fallo de la Corte Internacional de Justicia sobre la controversia marítima entre Perú y Chile, de 27 de enero de 2014
The objective of this chapter is to evaluate whether the emergent teleology of the international law system can accommodate a right of democratic secession: the right of a group to a State by virtue of the fact that its political leaders have been able to mobilize majority support around a nationalist case in favour of independence. The work first outlines the way in which international law responds to claims of national self-determination, concluding that the extant incoherence in the doctrine and practice suggests a requirement for a new conceptual model to make sense of this issue. In common with a long tradition in the social sciences (including law), the chapter looks to developments in the natural sciences to make sense of the social world – in this case by reference to a variant of systems theory known as complexity, which is focused on emergent systems that represent the patterned communications of networks of agents, without any central controller or guiding hand. Following the insights from complexity, we can develop an abstract model of State as the observation of the patterned communications of the coevolved and coexistent law and politics systems. The third part of the chapter relies on this abstract model to outline a right of democratic secession in three related steps: the rejection of the sovereign authority of the territorial State by certain subjects; the acceptance of the authority of emergent systems of law and politics of a new political entity; and observation (or ‘recognition’) of the political entity as possessing legitimate political authority. The work concludes by reflecting on the implications of the analysis for the events of 2014 in the Crimea, Donetsk and Luhansk regions of Ukraine.
- Dossier : L'identité constitutionnelle
- Le concept d'identité constitutionnelle : origines et contours
- Laurence Burgorgue-Larsen, Les origines de l'identité constitutionnelle
- Jean-Denis Mouton, L'identité constitutionnelle, un concept pertinent au regard du droit international ?
- La construction de l'identité constitutionnelle au regard des engagements internationaux de la France en matière de droits de l'homme
- Ariane Vidal-Naquet, Comment se forge l'identité constitutionnelle ? Le rôle du législateur et du juge
- Frédérique Coulée, En quoi les engagements internationaux de la France en matière de droits de l'homme nous renseignent-ils sur son identité constitutionnelle ?
- Regards croisés sur la substance de l'identité constitutionnelle française
- Ferdinand Melin-Soucramanien, Le principe d'égalité devant la loi. Regard du constitutionnaliste
- Sébastien Touzé, Le principe d'égalité devant la loi. Regard de l'Internationaliste
- Jordane Arlettaz, Indivisibilité de la République et droit international des minorités : de l'identité constitutionnelle à l'identité républicaine
- Sandra Szurek, La République française et le droit des minorités. Le point de vue de l'internationaliste
- Frédéric Dieu, La place de la laïcité en droit interne
- Jean-Manuel Larralde, Le principe de laïcité. Regard de l'internationaliste
- Gilbert Guillaume
Saturday, October 18, 2014
This article offers chaos, a theory drawn from the physical sciences, as an explanatory model for international economic law which consists of the law of the WTO, international investment law, and the policies of the IMF and World Bank. The laws promulgated by these institutions as the central pillars of global economic governance are both indeterminate and susceptible to external influences, leading to unpredictable outcomes in the longer term, even if they appear deterministic on the small scale for individual states or firms. The observed chaotic nature of international economic law should be viewed as a benevolent feature of the system, as its inescapable unpredictability engenders flexibility and adaptability. These are traits which are valuable for both governments and firms operating in the dynamic global economy. The utility of international economic law should therefore not be judged by reference to macroeconomic benchmarks. The article concludes by suggesting that chaos theory may be seen as universal model that conceptually unifies the four disciplines of international economic law.
Friday, October 17, 2014
- Fowsia Abdulkadir & Rahma Abdulkadir, Introduction: Transitional Justice Mechanisms for Somalia
- Abdurahman M. Abdullahi (Baadiyow), Conceptions of Transitional Justice in Somalia: Findings of Field Research in Mogadishu
- Abou Jeng, Transitional Justice and Postconflict Reconstruction in Somalia: The Role of the African Union and Pointers Provided by It
- Padraig McAuliffe, The Prospects for Transitional Justice in Catalyzing Socioeconomic Justice in Postconflict States: A Critical Assessment in Light of Somalia’s Transition
- Caroline Ackley & Rahma Abdulkadir, The Role of Shari’a-Based Restorative Justice in the Transition from Armed Conflict to Peacebuilding: Do Somalis Hold the View That the Restorative Justice Aspects within Qisas Offer a Solution?
- Fowsia Abdulkadir & Lidwien Kapteijns, Transitional Justice and Speaking Truth to Somali History: A Dialogue
This essay seeks to examine some of the under–discussed questions in the debate regarding human rights and the law of armed conflict. What are the implications of the classification of a conflict in mapping this relationship? This is principally a technical matter. More incisively, and more conceptually, to what extent does the State bear responsibility to protect the human rights of its combatants? Could this question be a test case, or breaking point, in this debate?
- Thomas Pogge, International Law Between Two Futures
- Juan Carlos Boué, Enforcing Pacta Sunt Servanda? Conoco-Phillips and Exxon-Mobil Versus the Bolivarian Republic of Venezuela
- Ioannis Glinavos, Haircut Undone? The Greek Drama and Prospects for Investment Arbitration
- Jason Haynes, The Emergence of a Doctrine of de jure horizontal stare decisis at the Caribbean Court of Justice: Fragmentation or Pluralism of International Law?
- Jarrod Hepburn, In Accordance with Which Host State Laws? Restoring the ‘Defence’ of Investor Illegality in Investment Arbitration
- Matina Papadaki, Compromissory Clauses as the Gatekeepers of the Law to be ‘Used’ in the ICJ and the PCIJ
- Magdalene D’Silva, Dealing in Power: Gatekeepers in Arbitrator Appointment in International Commercial Arbitration
Giorgetti: Caratube v. Kazakhstan: For the First Time Two ICSID Arbitrators Uphold Disqualification of Third Arbitrator
- The “Arctic Sunrise” Case (Netherlands/Russia) (ITLOS), with introductory note by Eva Rieter
- X and Others v. Austria (Eur. Ct. H.R.), with introductory note by Kathleen A. Doty
- Judgment TC/0168/13 (Const. Ct. Dom. Rep.) & Statement of the Inter-American Commission on Human Rights on Judgment TC/0168/13, with introductory note by Christina M. Cerna
- United Nations General Assembly Resolution on the Right to Privacy in the Digital Age, with introductory note by Anupam Chander and Molly Land
- Joint Plan of Action on Iran’s Nuclear Program, with introductory note by Hirad Abtahi
- The Seventh Annual Chautauqua Declaration, with introductory note by Leila Sadat
Over the last decade, a growing body of empirical scholarship has emerged that tries to test whether international human rights treaties have helped to improve human rights practices. Although this line of research has produced some evidence suggesting that human rights treaties may have made a difference in specific circumstances, the balance of the evidence has not found a consistent relationship between ratification of human rights treaties and improved human rights practices. This evidence raises the question that is the topic of the conference: has international human rights law failed? This conference will bring together prominent political scientists, historians, philosophers, and legal scholars to discuss this question.
Thursday, October 16, 2014
Call for Abstracts: Corporate Responsibility to Respect Human Rights: The Emerging European Union Regime
Call for Abstracts
"Corporate Responsibility to Respect Human Rights: The Emerging European Union Regime"
Human Rights & International Legal Discourse focuses on the interplay between human rights law and other specific domains of international law. The 2015 Fall issue will focus on recent and ongoing developments concerning the regulation of corporate human rights responsibility at the EU level.
Articles' length will be between 5.000 to 8.000 words. The deadline for submission of abstracts is 1 November 2014. By 1 December 2014, a limited number of abstracts will be selected for the submission of full papers. A further round of double blind peer review will follow after submission of the final paper, which is due on 1 May 2015. Publication of the special issue is planned for October 2015.
Authors are kindly invited to send their paper proposals by 1 November 2014 to the editors of this special issue: Ass. Prof. Dr. Karin Buhman (Roskilde University and Copenhagen Business School; email@example.com), Prof. Dr. Carmen Márquez Carrasco (Universidad de Sevilla; firstname.lastname@example.org) and Dr. Luis Rodríguez-Piñero (Universidad de Sevilla; email@example.com).
- Paul Gready & Simon Robins, From Transitional to Transformative Justice: A New Agenda for Practice
- Evelyne Schmid & Aoife Nolan, ‘Do No Harm’? Exploring the Scope of Economic and Social Rights in Transitional Justice
- Changrok Soh & Daniel Connolly, Cosmopolitan Memories in East Asia: Revisiting and Reinventing the Second World War
- Shari Eppel, ‘Bones in the Forest’ in Matabeleland, Zimbabwe: Exhumations as a Tool for Transformation
- Shanee Stepakoff, G. Shawn Reynolds, Simon Charters, & Nicola Henry, Why Testify? Witnesses’ Motivations for Giving Evidence in a War Crimes Tribunal in Sierra Leone
- Simon Zschirnt & Mark Menaldo, International Insurance? Democratic Consolidation and Support for International Human Rights Regimes
- Roman David, International Criminal Tribunals and the Perception of Justice: The Effect of the ICTY in Croatia
- Cynthia M. Horne, The Impact of Lustration on Democratization in Postcommunist Countries
OGEL & TDM Call for Papers: Special Issue on Renewable Energy Disputes
Renewable energy production is nothing new: windmills have been used to produce wind-based energy and dams have been used to produce mechanical energy for centuries past. However, the scale of investment in this area and the increased subsidies, regulation of and drive towards this type of electricity generation are unprecedented. Given the surge in activity in renewable energy production, it is no surprise that disputes in this area have started to arise.
Issues that have led to disputes within the EU, the US and globally have, for example, related to the national governments’ objective of ensuring maximum national or regional benefit from governmental measures in this area (similar to what is done in oil and gas-producing countries through local content requirements), miscalculations of subsidies in the planning stages and excessive costs for the state from such subsidies, especially when economic circumstances have changed. Furthermore, the scale of activities has in itself contributed to all kinds of disputes arising at various levels and various forums. These disputes may involve issues of public international law, EU and US law (at the supranational, national and subnational levels), private law and contractual arrangements. The Special Issue examines these types of disputes and analyses their backgrounds and the reasons why they arose. Recent and ongoing renewable energy disputes under international law have concerned international investment law and WTO law. However, recent renewable energy disputes at European level have mostly related to the free movement provisions of EU Treaty law. Contractual arrangements and connection issues serve as illustrations of private and contractual disputes in these areas.
This OGEL/TDM Special Issue on Renewable Energy Disputes will examine all kinds of renewable energy disputes. The basic structure of the special issue is:
Introduction: Renewable energy disputes: an overview - Professor Kim Talus (UEF Law School)
I) Public International Law Disputes
- WTO cases: an overview (already in preparation)
- WTO case against Canada (Ontario local content requirement) (already in preparation)
- Investment Disputes in Renewable Energy (already in preparation)
- Further proposals welcome!
II) EU Law Disputes
- Judgment Ålands Vindkraft (already in preparation)
- Judgment Essent (already in preparation)
- Further proposals welcome!
III) National and Subnational Law and Commercial or Contractual Law Disputes
- Spain: Spanish Supreme Court and ICSID cases against Spain (already in preparation)
- UK Renewable Disputes (already in preparation)
- Further proposals welcome!
OGEL and TDM encourage submission of relevant papers, studies, and comments on various aspects of this subject, including International, regional and national disputes on various aspects of renewable energy disputes. Contributions discussing a particular topic within this area, such as need to reform the ISDS with regards renewable energy and climate change, are also welcome.
Papers should be submitted by the 15 January 2015 deadline to Professor Kim Talus - firstname.lastname@example.org - as well as a copy to email@example.com
Barcelo: Substantive and Procedural Arbitrability in Ad Hoc Investor-State Arbitration — BG Group v. Argentina
The U.S. Supreme Court has developed a conceptual framework for deciding how much deference an award-enforcing U.S. court must give to the arbitral tribunal’s conclusion that the dispute was properly arbitrable, that is, that the award was based on an existing and valid arbitration agreement and that the claim was admissible. In BG Group v. Argentina, the Court has now developed that framework further and has applied it for the first time to an ad hoc investor state arbitration case seated in the U.S. In BG Group the British investor failed to litigate its claim first in an Argentinian court, as required in the U.K.-Argentina Bilateral Investment Treaty [BIT], but the arbitral tribunal found the local litigation requirement inapplicable and ruled for the investor on the merits. The U.S. Supreme Court concluded that the local litigation requirement was a “procedural arbitrability” question, concerning which an enforcing U.S. court must give deference to the tribunal’s ruling that the claim was admissible. This piece explains and analyzes the Supreme Court’s “substantive” and “procedural” arbitrability concepts and the significance for ad hoc investor-state arbitration, and more broadly for international commercial arbitration in general, of this new Supreme Court decision.