The chapter discusses the international law issues arising from the treaties establishing nuclear weapon-free zones in inhabited regions of the world. In particular, it focuses on the proposed zone free of weapons of mass destruction in the Middle East, identifying the potential legal problems and making suggestions for possible solutions.
Sunday, July 27, 2014
Roscini: International Law, Nuclear Weapon-Free Zones and the Proposed Zone Free of Weapons of Mass Destruction in the Middle East
Saturday, July 26, 2014
- Freya Baetens & Vid Prislan, The Dissemination of International Scholarship: The Future of Books and Book Reviews
- International Legal Theory - Symposium: Locating Nature
- Kishan Khoday, Vanessa Lamb, Tyler McCreary, Karin Mickelson, Usha Natarajan, & Ileana Porras, Locating Nature: Making and Unmaking International Law: Introduction
- Usha Natarajan & Kishan Khoday, Locating Nature: Making and Unmaking International Law
- Tyler McCreary & Vanessa Lamb, A Political Ecology of Sovereignty in Practice and on the Map: The Technicalities of Law, Participatory Mapping, and Environmental Governance
- Karin Mickelson, The Maps of International Law: Perceptions of Nature in the Classification of Territory
- Ileana Porras, Appropriating Nature: Commerce, Property, and the Commodification of Nature in the Law of Nations
- International Law and Practice
- Seline Trevisanut, The Principle of Non-Refoulement and the De-Territorialization of Border Control at Sea
- Antonio Segura-Serrano, International Economic Law at a Crossroads: Global Governance and Normative Coherence
- Panagiotis Delimatsis, Transparency in the WTO’s Decision-Making
- James D. Fry & Melissa H. Loja, The Roots of Historic Title: Non-Western Pre-Colonial Normative Systems and Legal Resolution of Territorial Disputes
- Hague International Tribunals: International Criminal Courts and Tribunals
- Leila Nadya Sadat & Jarrod M. Jolly, Seven Canons of ICC Treaty Interpretation: Making Sense of Article 25’s Rorschach Blot
Friday, July 25, 2014
- The Global Forum
- Erica Chenoweth, Civil Resistance: Reflections on an Idea Whose Time Has Come
- Special Section: Principles from the Periphery: The Neglected Southern Sources of Global Norms
- Eric Helleiner, Introduction
- Martha Finnemore & Michelle Jurkovich, Getting a Seat at the Table: The Origins of Universal Participation and Modern Multilateral Conferences
- Eric Helleiner, Southern Pioneers of International Development
- Kathryn Sikkink, Latin American Countries as Norm Protagonists of the Idea of International Human Rights
- Amitav Acharya, Who Are the Norm Makers? The Asian-African Conference in Bandung and the Evolution of Norms
- Charlotte Dany, Janus-faced NGO Participation in Global Governance: Structural Constraints for NGO Influence
- Andrew Wolman, Welcoming a New International Human Rights Actor? The Participation of Subnational Human Rights Institutions at the UN
- Elton Skendaj, International Insulation from Politics and the Challenge of State Building: Learning from Kosovo
- Patrick Dumberry, Denial of Justice under NAFTA Article 1105: A Review of 20 Years of Case Law
- Romain Dupeyré, Les arbitres et centres d’arbitrage face à leurs responsabilités : le droit français à son point d’équilibre
- Heike Wollgast & Ignacio De Castro, WIPO Arbitration and Mediation Center: New 2014 WIPO Rules; WIPO FRAND Arbitration
- Joel I. Colón-Ríos, A new typology of judicial review of legislation
- Jonathan W. Kuyper, The democratic potential of systemic pluralism
- Zoran Oklopcic, Three arenas of struggle: A contextual approach to the constituent power of ‘the people’
- Theresa Reinold & Michael Zürn, ‘Rules about rules’ and the endogenous dynamics of international law: Dissonance reduction as a mechanism of secondary rule-making
Thursday, July 24, 2014
Call for rapporteurs for the (2nd) Symposium on the Protection of People Fleeing Armed Conflict
The Law Faculty of the University of Luxembourg and the UNHCR are seeking rapporteurs for the (2nd) Symposium on the Protection of People Fleeing Armed Conflict, which will take place on 20 October 2014 in Luxembourg. The subject of the symposium will be the legal protection of people fleeing armed conflict and other situations of violence, examined in the context of the UNHCR’s new Guidelines for the Protection of People Fleeing Violence and Conflict Across Borders, and recent developments in the case law of European regional and national courts.
Rapporteurs will assist the editor of the conference report. The main responsibilities are the following:
We invite junior scholars (PhDs, post-docs, and fellows) with research interests in the field to submit their CVs (in English) and a sample of their work (ideally on refugee law) to firstname.lastname@example.org before 31 August 2014. The Fonds National de la Recherche – Luxembourg will cover the costs of travel and accommodation for the rapporteurs.
- Write summaries of selected Symposium sessions
- Assist the facilitator during the Symposium to ensure the event runs smoothly.
- Interview with Walter T. Gwenigale - Minister of Health and Social Welfare of the Republic of Liberia
- Research Articles
- Fiona Terry, Violence against health care: insights from Afghanistan, Somalia, and the Democratic Republic of the Congo
- Enrico Pavignani, Markus Michael, Maurizio Murru, Mark E. Beesley & Peter S. Hill, Making sense of apparent chaos: health-care provision in six country case studies
- Robin Coupland, The role of health-related data in promoting the security of health care in armed conflict and other emergencies
- In conversation with the members of the National Permanent Roundtable for the Respect of the Medical Mission in Colombia
- Alexander Breitegger, The legal framework applicable to insecurity and violence affecting the delivery of health care in armed conflicts and other emergencies
- Amrei Müller, States' obligations to mitigate the direct and indirect health consequences of non-international armed conflicts: complementarity of IHL and the right to health
- Katherine H. A. Footer & Leonard S. Rubenstein, A human rights approach to health care in conflict
- Vivienne Nathanson, Medical ethics in peacetime and wartime: the case for a better understanding
- Laurent Gisel, Can the incidental killing of military doctors never be excessive?
A topical and timely subject for study, the question of procedural fairness entails the identification of fundamental principles inherent to the judicial (as well as, mutatis mutandis, arbitral) process. Whilst the manifestation of such core standards of fairness will necessarily diverge according to the particular international court, the workshop seeks aims to identify their essence with reference to the procedural issues arising in practice. The aim of this workshop is to bring academics and practitioners together to initiate ground breaking research into this novel topic. The workshop employs a comparative approach whereby participants will analyse the procedures and practices of various international courts and tribunals. It aims to identify patterns of commonality and divergence in the core standards of procedural fairness of international courts and to develop a holistic understanding of the nature of procedural fairness and the challenges to its realisation in the international judicial system.
If an old treaty regulating 'commerce' or forbidding 'degrading treatment of persons' is to be interpreted decades after its conclusion, does 'commerce' or 'degrading treatment of persons' have the same meaning at the time of interpretation as they had when the treaty was concluded? The evolutionary interpretation of treaties has proven one of the most controversial topics in the practice of international law. Indeed, it has been seen as going against the very grain of the law of treaties, and has been argued to be contrary to the intention of the parties, breaching the principle of consent. This book asks what the place of evolutionary interpretation is within the understanding of treaties, at a time when many important international legal instruments are over five decades old. It sets out to place the evolutionary interpretation of treaties on a firm footing within the Vienna rules of interpretation, as codified in Articles 31-33 of the Vienna Convention on the Law of Treaties.
The book demonstrates that the evolutionary interpretation of treaties in common with all other types of interpretation is in fact based upon an objective understanding of the intention of the parties. In order to marry intention and evolution, the book argues that, on the one hand, evolutionary interpretation is the product of the correct application of Articles 31-33 and, on the other, that Articles 31-33 are geared towards the objective establishment of the intention of the parties. The evolutionary interpretation of treaties is therefore shown to represent an intended evolution.
Article 6 of the Treaty on European Union (TEU) provides that the EU will accede to the system of human rights protection of the European Convention on Human Rights (ECHR). Protocol No 9 in the Treaty of Lisbon opens the way for accession. This represents a major change in the relationship between two organisations that have co-operated closely in the past, though the ECHR has hitherto exercised only an indirect constitutional control over the EU legal order through scrutiny of EU Member States. The accession of the EU to the ECHR is expected to put an end to the informal dialogue, and allegedly also competition between the two regimes in Europe and to establish formal (both normative and institutional) hierarchies. In this new era, some old problems will be solved and new ones will appear. Questions of autonomy and independence, of attribution and allocation of responsibility, of co-operation, and legal pluralism will all arise, with consequences for the protection of human rights in Europe.
This book seeks to understand how relations between the two organisations are likely to evolve after accession, and whether this new model will bring more coherence in European human rights protection. The book analyses from several different, yet interconnected, points of view and relevant practice the draft Accession Agreement, shedding light on future developments in the ECHR and beyond. Contributions in the book span classic public international law, EU law and the law of the ECHR, and are written by a mix of legal and non-legal experts from academia and practice.
Wednesday, July 23, 2014
- Alexandre de Fontmichel, Martin Donato, & Alexandre Meyniel, Vue d’ensemble du régime juridique du délibéré arbitral en droit français de l’arbitrage
- Ugo Draetta, Potential Inefficiencies Caused by the Document Production Process in International Arbitration
- Yves Herinckx, Liability for Inappropriate Interim Measures in Commercial Arbitration
This article presents a new interpretation of the Chapeau of Article XX of the GATT. The basis for this interpretation is a structural analysis of Article XX according to which this provision establishes a right to adopt measures for specific purposes that is subject to specific conditions set out in the subparagraphs of Article XX and horizontal conditions set out in the Chapeau. The article argues that the conditions in the subparagraphs are focused on the trade restrictive effects of these measures. The horizontal conditions in the Chapeau, on the other hand, are focused on two different aspects of these measures. One condition is focused on the discriminatory effects of these measures, which can be justified, and which in practice result from the non-application of the restrictive effects of these measures (these restrictive effects being justified under the subparagraphs) to competitive products from other origins. The second condition is focused on any protectionist purpose of these measures that is ‘disguised’ by a legitimate purpose, and this cannot be justified. The article goes on to interpret these conditions, based on a fundamentally economic conception of the discrimination conditions, and concludes by drawing some analogies between Article XX and Articles 2.1 and 2.2 of the TBT Agreement.
Ferdinandusse: Improving Inter-State Cooperation for the National Prosecution of International Crimes: Towards a New Treaty?
The magnitude and the nature of the human rights violations that engulfed Rwanda in 1994 prompted both the Rwandan government and the international community to establish different accountability mechanisms in order to hold perpetrators accountable. At the international level, the UN established the International Criminal Tribunal for Rwanda (ICTR) to try those bearing the greatest responsibility, the Rwandan national courts were to deal with so-called category one offenders, whereas Gacaca courts initially handled the bulk of cases that could not be handled by the ICTR and national courts (so-called category two and three perpetrators). Therefore, Rwanda offers a unique opportunity to analyse the interplay of criminal justice systems on different levels. Against this background, the study, which is divided into seven chapters, engages in disentangling the conflicting as well as overlapping elements the three justice mechanisms entail. Despite the already existing scholarship on this topic, the book offers new insights into the domestic case law of Rwanda which is under researched in comparison to the work of the ICTR. With this it adds a valuable new perspective to the international debate from the viewpoint of a Rwandan legal scholar.
- Karisa Cloward, False Commitments: Local Misrepresentation and the International Norms Against Female Genital Mutilation and Early Marriage
- Michael C. Horowitz & Allan C. Stam, How Prior Military Experience Influences the Future Militarized Behavior of Leaders
- Seva Gunitsky, From Shocks to Waves: Hegemonic Transitions and Democratization in the Twentieth Century
- Jeff D. Colgan, The Emperor Has No Clothes: The Limits of OPEC in the Global Oil Market
- Idean Salehyan, David Siroky & Reed M. Wood, External Rebel Sponsorship and Civilian Abuse: A Principal-Agent Analysis of Wartime Atrocities
- Leslie Johns & Krzysztof J. Pelc, Who Gets to Be In the Room? Manipulating Participation in WTO Disputes
- Research Notes
- Stephanie J. Rickard & Teri L. Caraway, International Negotiations in the Shadow of National Elections
- K. Amber Curtis, Joseph Jupille & David Leblang, Iceland on the Rocks: The Mass Political Economy of Sovereign Debt Resettlement
Tuesday, July 22, 2014
Verdier & Voeten: Precedent, Compliance and Change in Customary International Law: An Explanatory Theory
This article articulates an explanatory theory of customary international law under which precedential concerns are central to explaining CIL formation, compliance and change. In contrast with previous theories, which emphasize the role of reciprocity, retaliation and reputation in sustaining cooperation, we show that fundamental legal and institutional features of CIL complicate the use of such decentralized punishment mechanisms. Yet, the same features support an alternative rationale for compliance: a state may comply because it knows its decision to defect creates a precedent that may undermine a cooperative norm it values. We develop this rationale and show that it explains and clarifies several important aspects of traditional CIL doctrine. By emphasizing the distinctive legal and institutional features of CIL familiar to international lawyers, we also demonstrate the importance of incorporating legal insights in interdisciplinary positive analyses of international law.
- Stefan Larsson, Susan Wnukowska-Mtonga, Måns Svensson & Marcin De Kaminski, Parallel Norms: File-Sharing and Contemporary Copyright Development in Australia
- John Harrington & Alasdair O'Hare, Framing the National Interest: Debating Intellectual Property and Access to Essential Medicines in Kenya
Monday, July 21, 2014
With the emergence of more specialized regimes for the protection of human rights and the proliferation of treaty bodies, mandated to supervise compliance with these instruments, fragmentation has not only become an issue between human rights law and other fields of international law, but also within the body of human rights law. In this chapter I argue that conflicts of jurisprudence are more likely to occur than conflicts of jurisdiction. And while the general debate is mainly focused on the substantive dimension of fragmentation and on legal techniques for dealing with tensions or conflicts between legal rules or principles, fragmentation in international human rights law is mainly problematic from an institutional perspective: Problems are not caused by incompatible substantive provisions of human rights treaties but rather by colliding institutional preferences and structural biases of the different human rights treaty bodies.
- Philip Liste, Transnational Human Rights Litigation and Territorialised Knowledge: Kiobel and the ‘Politics of Space’
- Tomaso Ferrando, Private Legal Transplant: Multinational Enterprises as Proxies of Legal Homogenisation
- David Schneiderman, The Global Regime of Investor Rights: Return to the Standards of Civilised Justice?
- Gavin Sullivan, Transnational Legal Assemblages and Global Security Law: Topologies and Temporalities of the List
- Christian Djeffal, Establishing the Argumentative DNA of International Law: A Cubistic View on the Rule of Treaty Interpretation and its Underlying Legal Culture(s)
- Ming-Sung Kuo, Semantic Constitutionalism at the Fin de Siècle: A Review Essay on Gunther Teubner, Constitutional Fragments: Societal Constitutionalism and Globalization
- Special Issue: Reservations to International Treaties
- Kasey L. McCall-Smith, Mind the Gaps: The ILC Guide to Practice on Reservations to Human Rights Treaties
- Ekaterina Yahyaoui Krivenko, The “Reservations Dialogue” as a Constitution-Making Process
- Marina Girshovich, Classifications of Objections Based on the Legal Assessment of a Reservation by Objecting States
- Vladimír Týč, Linda Janků, & Katarína Šipulová, Reservations to Human Rights Treaties: A Case Study on the Practice of Czechoslovakia and Its Successor States
Sunday, July 20, 2014
Marochkin & Nelaeva: Rape and Sexual Violence as Torture and Genocide in the Decisions of International Tribunals
International criminal tribunals established by the UN Security Council in the 1990s have been widely acclaimed as active participants in the modern system of dynamic criminal justice. One of their best known achievements is the prosecution of rape and sexual assaults. The International Criminal Tribunal for the Former Yugoslavia (ICTY) and the International Criminal Tribunal for Rwanda (ICTR) set an example for other tribunals to follow. By interpreting a variety of international laws, the community of international legal professionals has been able to shift the prevailing understanding of rape and sexual violence away from that of an “unfortunate byproducts of war.” Not only has the epistemic community of legal professionals been able to end impunity for these crimes, but case-law of international tribunals has become a basis for subsequent trials at quasi-international tribunals. Decisions of the tribunals have been instrumental in drafting the Statute of the International Criminal Court and can be regarded as an example of the formation of new international norms by means of judicial decisions.
- Eric Talbot Jensen, The Future of the Law of Armed Conflict: Ostriches, Butterflies, and Nanobots
- Paul Behrens, The Law of Diplomatic Asylum – A Contextual Approach
- John D. Ciorciari & Anne Heindel, Experiments In International Criminal Justice: Lessons From the Khmer Rouge Tribunal
Saturday, July 19, 2014
- General Articles
- Alejandro Rodiles, Non-Permanent Members of the United Nations Security Council and the Promotion of the International Rule of Law
- Giovanni Boggero, Without (State) Immunity, No (Individual) Responsibility
- International Legislation and Jurisprudence
- Marlitt Brandes, "All’s Well That Ends Well" or "Much Ado About Nothing"?: A Commentary on the Arms Trade Treaty
- Michael E. Kurth, The Lubanga Case of the International Criminal Court: A Critical Analysis of the Trial Chamber’s Findings on Issues of Active Use, Age, and Gravity
- Conceptional Roots and Potentials of International Investment Treaties
- Wolfgang Alschner, Americanization of the BIT Universe: The Influence of Friendship, Commerce and Navigation (FCN) Treaties on Modern Investment Treaty Law
- Lars Schönwald, The Possible Future of Promoting and Protecting European Investments in Sub-Saharan Africa
Friday, July 18, 2014
- Jonathan Hill, Determining the Seat of an International Arbitration: Party Autonomy and the Interpretation of Arbitration Agreements
- Fernando Lusa Bordin, Reflections of Customary International Law: The Authority of Codification Conventions and ILC Draft Articles in International Law
- Orla Lynskey, Deconstructing Data Protection: The ‘Added-Value’ of a Right to Data Protection in the EU Legal Order
- Kasey L. McCall-Smith, Severing Reservations
- Michael Ramsden, Reviewing the United Kingdom's ICCPR Immigration Reservation in Hong Kong Courts
- Uta Kohl, Corporate Human Rights Accountability: The Objections of Western Governments to the Alien Tort Statute
- Paul David Mora, The Alien Tort Statute After Kiobel: The Possibility for Unlawful Assertions of Universal Civil Jurisdiction Still Remains
- Shorter Articles and Notes
- Lavanya Rajamani, The Warsaw Climate Negotiations: Emerging Understandings and Battle Lines on the Road to the 2015 Climate Agreement
- Fan Yang, Applicable Laws to Arbitration Agreements Under Current Arbitration Law and Practice in Mainland China
- Kristie Thomas, The Product Liability System in China: Recent Changes and Prospects