Sunday, December 8, 2019

New Issue: Netherlands International Law Review

The latest issue of the Netherlands International Law Review (Vol. 66, no. 3, December 2019) is out. Contents include:
  • Aslan Abashidze & Aleksandra Koneva, The Process of Strengthening the Human Rights Treaty Body System: The Road towards Effectiveness or Inefficiency?
  • John-Mark Iyi, Re-thinking the Authority of the UN Security Council to Refer Nationals of Non-party States to the ICC
  • Konstantinos D. Magliveras, The Withdrawal of African States from the ICC: Good, Bad or Irrelevant?
  • Justin Rose, Margaretha Wewerinke-Singh, & Jessica Miranda, Primal Scene to Anthropocene: Narrative and Myth in International Environmental Law
  • Morsen Mosses, Revisiting the Matthew and Hunter Islands Dispute in Light of the Recent Chagos Advisory Opinion and Some Other Relevant Cases: An Evaluation of Vanuatu’s Claims relating to the Right to Self-Determination, Territorial Integrity, Unlawful Occupation and State Responsibility Under International Law
  • Mariusz Fras, The Group Insurance Contract in Private International Law

Margaria: The Construction of Fatherhood: The Jurisprudence of the European Court of Human Rights

Alice Margaria (Max-Planck-Institut für ethnologische Forschung) has published The Construction of Fatherhood: The Jurisprudence of the European Court of Human Rights (Cambridge Univ. Press 2019). Here's the abstract:
The book tackles one of the most topical socio-legal issues of today: how the European Court of Human Rights is responding to shifting practices and ideas of fatherhood. The jurisprudential analysis is situated in a context of social change that offers radical possibilities for the fragmentation of the conventional father figure and therefore urges decisions upon what kind of characteristics makes someone a legal father. In a range of paradigmatic domains, this book explores the Court's understanding of what it means to be a father today, and whether care is valued at all. It also reflects on the genesis of the Court’s (re-)construction of fatherhood, thus shedding light on the roles played by doctrines of interpretation.

Saturday, December 7, 2019

Job Opening: NUS Centre for International Law (Research Associates)

The National University of Singapore Centre for International Law is accepting applications for two positions: (1) Research Associate/Fellow (CIL’s Oceans Law and Policy Programme); and (2) Research Associate/Fellow (MPA-CIL Oceans Governance Research Programme). The advertisement is here.

Bertolini: Die Durchsetzung von ISDS-Entscheidungen in Deutschland: Unter besonderer Berücksichtigung aktueller Entwicklungen in der EU

Sebastian Bertolini has published Die Durchsetzung von ISDS-Entscheidungen in Deutschland: Unter besonderer Berücksichtigung aktueller Entwicklungen in der EU (Duncker & Humblot 2019). Here's the abstract:
Die Investitionsschiedsgerichtsbarkeit stellt heute die wichtigste und effektivste Form der Beilegung von Investitionsstreitigkeiten dar. Immer wieder beklagen Investoren jedoch, dass sie die hart erstrittenen Schiedssprüche nicht oder nur unter großen Anstrengungen vor staatlichen Gerichten durchsetzen bzw. zwangsvollstrecken konnten. Probleme bei der Durchsetzung bzw. Zwangsvollstreckung innerhalb der EU ergeben sich nach der »Achmea«-Entscheidung des EuGH nicht nur aus dem EU-Recht und Konflikten im Mehrebenensystem des Rechts, sondern auch aus der Anwendung nationalen Rechts, beispielsweise durch das unterschiedliche Verständnis von Staatenimmunität. Auch die geplante Schaffung neuer Streitbeilegungsmechanismen wie eines Investment Court Systems oder eines internationalen Investitionsgerichtshofs wirft Fragen der Durchsetzbarkeit ihrer Entscheidungen auf. Die vorliegende Arbeit behandelt diese Problembereiche im Detail, geht insbesondere auf die aktuellen Entwicklungen innerhalb der EU ein und bietet eigene Lösungsansätze zur Ermöglichung der Durchsetzbarkeit von ISDS-Entscheidungen in der EU.

Workshop: Democracies and Structural Changes in the Digital Age

A workshop on "Democracies and Structural Changes in the Digital Age" will take place December 16-17, 2019, in Hamburg. The program is here. Registration is open until December 11.

Heffes, Kotlik, & Ventura: International Humanitarian Law and Non-State Actors: Debates, Law and Practice

Ezequiel Heffes (Geneva Call), Marcos D. Kotlik (Univ. of Buenos Aires - Law), & Manuel J. Ventura (International Residual Mechanism for Criminal Tribunals) have published International Humanitarian Law and Non-State Actors: Debates, Law and Practice (Asser Press 2020). The table of contents is here. Here's the abstract:
This book challenges the traditional approach to international law by concentrating on international humanitarian law and placing the focus beyond States: it reflects on current legal, policy and practical issues that concern non-State actors in and around situations of armed conflict. With the emergence of the nation-State, international law was almost entirely focused on inter-State relations, thus excluding - for the most part - non-State entities. In the modern era, such a focus needs to be adjusted, in order to encompass the various types of functions and interactions that those entities perform throughout numerous international decision-making processes.

Call for Papers: The Question of Solidarity in Peace and Security (Reminder)

The Interest Group on Peace and Security of the European Society of International Law has launched a call for papers for a side event to the 2020 ESIL Research Forum, which will be held at the University of Catania, on April 23-24, 2020. The IGPS side event's theme is: "The Question of Solidarity in Peace and Security." The call is here. The deadline is January 17, 2020.

Call for Papers: Dynamics and Legal Challenges in Armed Conflict in the DRC

A call for papers has been issued for a conference on "Dynamics and Legal Challenges in Armed Conflict in the DRC," to take place April 2-3, 2020, at the University of Johannesburg in South Africa. The call is here.

Conference: Dealing with tensions, crisis and war in accordance with international law and humanitarian principles

On May 12-16, 2020, the International Society for Military Law and the Law of War will hold a conference on "Dealing with tensions, crisis and war in accordance with international law and humanitarian principles," at Aix-en-Provence Law School. The program is here.

Lohne: Advocates of Humanity: Human Rights NGOs in International Criminal Justice

Kjersti Lohne (Univ. of Oslo) has published Advocates of Humanity: Human Rights NGOs in International Criminal Justice (Oxford Univ. Press 2019). Here’s the abstract:
Advocates of Humanity offers an analysis of international criminal justice from the perspective of sociology of punishment by exploring the role of human rights organizations in their mobilization for global justice through the International Criminal Court (ICC). Based on multi-sited ethnography, primarily in The Hague and Uganda, the author approaches the transnational networks of NGOs advocating for the ICC as an ethnographic object. A central objective is to explore how connections are made, and how forces and imaginations of global criminal justice travel. By analyzing how international criminal justice is arranged spatially, and as such expresses social, political, and cultural relations of power, Advocates of Humanity shows how international criminal justice is situated in particular spaces, networks, and actors, and how they structure the imaginations of justice circulating in the field. From a sociology of punishment perspective, it compares the 'penal imaginations' of domestic and international criminal justice, and considers the particularly central role of victims as a universalized symbol of humanity for the legitimacy of international criminal justice. With clear global asymmetries emerging from the work, Advocates of Humanity provides descriptive as well as explanatory understandings of criminal punishment 'gone global', analyzing its social causation while examining its cultural meanings, particularly as regards its role as an expression of 'the international' will to punish. To whom is it meaningful, and why?

Li, Qi, & Bian: China, the EU and International Investment Law: Reforming Investor-State Dispute Settlement

Yuwen Li (Erasmus Univ. Rotterdam - Law), Tong Qi (Wuhan Univ. - Law), & Cheng Bian (Erasmus Univ. Rotterdam - Law) have published China, the EU and International Investment Law: Reforming Investor-State Dispute Settlement (Routledge 2019). The table of contents is here. Here’s the abstract:
This book provides an original and critical analysis of the most contentious subjects being negotiated in the China–EU Comprehensive Agreement on Investment (CAI). It focuses on the pathway of reforming investor-state dispute settlement (ISDS) from both Chinese and European perspectives in the context of the China–EU CAI and beyond. The book is divided into three parts. Part I examines key and controversial issues of the China–EU CAI negotiations, including market access, sustainable development and human rights, as well as comparing distinct features between the China–EU CAI and the China–US BIT. Part II concentrates on the institutional reform of investor-state arbitration with an extensive analysis of the EU’s approach to replacing the private nature of investment arbitration with the public nature of an investment court. Part III addresses the core substantive and procedural issues concerning ISDS, such as the role of domestic courts in investment dispute settlement, the status of state-owned enterprises (SOEs) as investors, transparency and the protection of victims in investment dispute resolution.

Meshel & Yahya: International Water Law and Fresh Water Dispute Resolution: A Coasean Perspective

Tamar Meshel (Univ. of Alberta - Law) & Moin A. Yahya (Univ. of Alberta - Law) have posted International Water Law and Fresh Water Dispute Resolution: A Coasean Perspective. Here’s the abstract:
When it comes to resolving interstate freshwater disputes, International Law has developed a set of rules that relate to both the substance of these disputes, and the conduct of the disputing countries. ‘Equitable and reasonable utilization’ is commonly considered as the leading ‘substantive’ rule, ‘no significant harm’ as subsidiary to it, and the ‘duty to cooperate’ as the central ‘procedural’ rule. The purpose of this article is to analyze the merits of these substantive and procedural rules under the lens of the celebrated Coase theorem. The second part of the Coase Theorem observes that if transaction costs are present, then the legal rule governing the dispute between two parties should be one that minimizes the bargaining costs. This will ensure that the legal rule will generate an optimal allocation of resources. When it comes to international freshwater disputes there are usually high transaction costs such as unequal and asymmetric access to information by both the disputing parties and adjudicating tribunal, enforcement uncertainty, and unclear political goals of the parties. Therefore, a liability rule such as ‘equitable and reasonable utilization’ only furthers the uncertainty and bargaining costs, whereas a property rule such as ‘no significant harm’ is better at achieving dispute resolution (both theoretically and empirically). Moreover, when a so-called procedural rule such as the ‘duty to cooperate’ is imposed on the parties, this ensures a better negotiation environment, which leads to better dispute resolution outcomes even when imposed by a third party.

Call for Papers: Old and new threats to freedom of expression - Can the European Court of Human Rights meet the challenges?

A call for papers has been issued for a workshop on "Old and new threats to freedom of expression - Can the European Court of Human Rights meet the challenges?," to take place at the Hertie School on June 12, 2020. The call is here.

Barrett: Child Perpetrators on Trial: Insights from Post-Genocide Rwanda

Jastine C. Barrett has published Child Perpetrators on Trial: Insights from Post-Genocide Rwanda (Cambridge Univ. Press 2019). Here's the abstract:
Following a devastating genocide in 1994, the Rwandan government elected to hold all perpetrators accountable - including children. Thousands of children were held in prisons while awaiting charges; some were later convicted. This book is about these children. Drawing on interviews and extensive archival research in Rwanda, it documents their journey through prisons, formal courts, gacaca proceedings or re-education centres. Its insights extend beyond Rwanda, looking at how international law protects children accused of even the most serious atrocities. The book is about law in action, and how states, and international organisations, operationalise international standards on child perpetrators in challenging post-conflict conditions. Engaging with theories from international law, international relations and anthropology, it illuminates strategies utilised by UNICEF to promote the rights of alleged child génocidaires and traces UNICEF's positive influence on their protection. It makes the case for principled pragmatism as an approach to human rights promotion in post-conflict societies.

New Addition to the UN Audiovisual Library of International Law

The Codification Division of the UN Office of Legal Affairs recently added a lecture to the UN Audiovisual Library of International Law. It was given by Vera Rusinova on “Human Rights in Armed Conflicts” in both English and Russian.

New Issue: Ethics & International Affairs

The latest issue of Ethics & International Affairs (Vol. 33, no. 4, Winter 2019) is out. Contents include:
  • Essay
    • George Vasilev, The Ethics of Kin State Activism: A Cosmopolitan Defense
  • Symposium: Just War and Unjust Soldiers
    • Scott D. Sagan & Benjamin A. Valentino, Just War and Unjust Soldiers: American Public Opinion on the Moral Equality of Combatants
    • Michael Walzer, On Reciprocity and Practical Morality: A Response to Sagan and Valentino
    • Jeff McMahan, Extremism and Confusion in American Views about the Ethics of War: A Comment on Sagan and Valentino
    • Robert O. Keohane, The Condemnation-Absolution Syndrome: Issues of Validity and Generality
    • Scott D. Sagan & Benjamin A. Valentino, On Reciprocity, Revenge, and Replication: A Rejoinder to Walzer, McMahan, and Keohane
  • Feature
    • Tendayi Bloom, When Migration Policy Isn't about Migration: Considerations for Implementation of the Global Compact for Migration
  • Review Essay
    • Gordon Hull, Privacy, People, and Markets

Ortino: The Origin and Evolution of Investment Treaty Standards: Stability, Value, and Reasonableness

Federico Ortino (King's College London - Law) has published The Origin and Evolution of Investment Treaty Standards: Stability, Value, and Reasonableness (Oxford Univ. Press 2019). Here's the abstract:

This book provides a conceptual and legal analysis of the core of investment protection guarantees that emerge from international treaties signed since 1959 for the promotion and protection of foreign investment. It focuses on both the origin and evolution of investment treaty standards. Beginning with origins, the work considers the broader context at the time when the first modern investment treaty was concluded. It goes on to examine the many decisions of ad hoc arbitral tribunals that have since been called upon to apply these treaties in order to resolve the several hundred investor-State disputes. It also looks at some of the recent investment treaties that have attempted to clarify and/or reform the content and scope of investment protection guarantees.

Federico Ortino posits that the key investment protection provisions in investment treaties, and thus much of the controversy associated with such treaties, revolve around three concepts: legal stability, investment's value, and reasonableness. He argues that, from the very beginning, the protections afforded to foreign investments by modern investment treaties have been exceptionally broad, and as such restrictive of host States' ability to regulate. And whilst a growing number of investment treaty tribunals, as well as new investment treaties, have to some extent reined in such broad protections, the evolution of key investment protection standards has been marred by inconsistency and uncertainty.

Marks: A False Tree of Liberty: Human Rights in Radical Thought

Susan Marks (London School of Economics - Law) has published A False Tree of Liberty: Human Rights in Radical Thought (Oxford Univ. Press 2019). Here's the abstract:
This book is concerned with the history of the idea of human rights. It offers a fresh approach that puts aside familiar questions such as 'Where do human rights come from?' and 'When did human rights begin?' for the sake of looking into connections between debates about the rights of man and developments within the history of capitalism. The focus is on England, where, at the end of the eighteenth century, a heated controversy over the rights of man coincided with the final enclosure of common lands and the momentous changes associated with early industrialisation. Tracking back still further to sixteenth- and seventeenth-century writing about dispossession, resistance and rights, the book reveals a forgotten tradition of thought about central issues in human rights, with profound implications for their prospects in the world today.

Friday, December 6, 2019

New Issue: International Interactions

The latest issue of International Interactions (Vol. 45, no. 6, 2019) is out. Contents include:
  • Articles
    • Ammar Shamaileh, Never out of Now: Preference Falsification, Social Capital and the Arab Spring
    • Joshua C. Fjelstul & Dan Reiter, Explaining incompleteness and conditionality in alliance agreements
    • Christoph V. Steinert, Trial fairness before impact: Tracing the link between post-conflict trials and peace stability
  • Special Data Feature
    • Thorsten Gromes & Matthias Dembinski, Practices and outcomes of humanitarian military interventions: a new data set
  • Research Note
    • Javier Osorio, Viveca Pavon, Sayeed Salam, Jennifer Holmes, Patrick T. Brandt & Latifur Khan, Translating CAMEO verbs for automated coding of event data

New Issue: Journal of Conflict Resolution

The latest issue of the Journal of Conflict Resolution (Vol. 64, no. 1, January 2020) is out. Contents include:
  • Articles
    • Konstantin Ash & Nick Obradovich, Climatic Stress, Internal Migration, and Syrian Civil War Onset
    • Håvard Hegre, Michael Bernhard, & Jan Teorell, Civil Society and the Democratic Peace
    • Raymond Kuo, Secrecy among Friends: Covert Military Alliances and Portfolio Consistency
    • Anouk S. Rigterink, Diamonds, Rebel’s and Farmer’s Best Friend: Impact of Variation in the Price of a Lootable, Labor-intensive Natural Resource on the Intensity of Violent Conflict
    • Rafat Mahmood & Michael Jetter, Communications Technology and Terrorism
    • Michelle Benson & Theodora-Ismene Gizelis, A Gendered Imperative: Does Sexual Violence Attract UN Attention in Civil Wars?
  • Data Set Feature
    • Dongfang Hou, Khusrav Gaibulloev, & Todd Sandler, Introducing Extended Data on Terrorist Groups (EDTG), 1970 to 2016

Sutton: Enacting the 'Civilian Plus': International Humanitarian Actors and the Conceptualization of Distinction

Rebecca Sutton (Univ. of Edinburgh - Law) has posted Enacting the 'Civilian Plus': International Humanitarian Actors and the Conceptualization of Distinction (Leiden Journal of International Law, forthcoming). Here's the abstract:
The civilian-combatant frame persists as the main legal lens through which lawyers organize the relationships of conflict zone actors. As a result, little attention has been paid in international legal scholarship to different gradations of ‘civilianness’ and the ways in which some civilians might compete to distinguish themselves from each other. Drawing attention to international humanitarian actors—particularly those working for NGOs—this article explores the micro-strategies these actors engage in to negotiate their relative status in war. Original qualitative empirical findings from South Sudan illuminate the way in which humanitarians struggle over distinction with individuals working for the UN peacekeeping mission, UNMISS. As is shown, humanitarian actors are doing away with a static civilian-combatant binary in their daily practice. A more fluid logic informs both their self-conceptualization and their interactions with others who share the operational space. Humanitarian actors envision civilianness as a contingent concept, and they operate according to a continuum along which everything is a matter of degree and subtle gradation. As civilianness is detached from the civilian, any given actor might acquire or shed civilian-like, or combatant-like, characteristics at any moment. The distinction practices that humanitarian actors enact can be understood as a bid for legibility, so that they might be rendered intelligible in international law and in the eyes of other actors as a special kind of civilian—the ‘civilian plus’.

Wednesday, December 4, 2019

New Issue: International Relations

The latest issue of International Relations (Vol. 33, no. 4, December 2019) is out. Contents include:
  • Articles
    • Rubrick Biegon, A populist grand strategy? Trump and the framing of American decline
    • Daniel Voelsen & Leon Valentin Schettler, International political authority: on the meaning and scope of justified hierarchy in international relations
    • Andreas Pacher, The diplomacy of post-Soviet de facto states: ontological security under stigma
  • Forum
    • Jean-Christophe Graz, Oliver Kessler, & Rahel Kunz, International Political Economy (IPE) meets International Political Sociology (IPS)
    • Jean-Marie Chenou, Elites and socio-technical Imaginaries: The contribution of an IPE-IPS dialogue to the analysis of global power relations in the digital age
    • Juanita Elias, Lena Rethel, & Lisa Tilley, International political economy and international political sociology meet in Jakarta: Feminist research agendas seen through everyday life
    • Luis Lobo-Guerrero, Insurance, subjectivity and governance
    • Elisa Lopez Lucia, Unpacking the politics of regionalism: What to expect from a socio-political economy of regionalism?
    • Nils Moussu, Assessing the cohesion and disunity of business associations: Towards a socio-economic framework

Conference: EU Trade Agreements and the Duty to Respect Human Rights Abroad

On December 11, 2019, the T.M.C. Asser Institute, the Centre for the Law of EU External Relations (CLEER), and the ESIL Interest Group on the EU as a Global Actor will hold a workshop on "EU Trade Agreements and the Duty to Respect Human Rights Abroad," at the Asser Institute in The Hague. The program is here.

New Issue: International Criminal Law Review

The latest issue of the International Criminal Law Review (Vol. 19, no. 6, 2019) is out. Contents include:
  • Special Issue: Twenty Years of the Rome Statute: Functions, Goals, Effectiveness – Challenges of the International Criminal Court
    • Julia Geneuss & Triestino Mariniello, Introduction
    • Olympia Bekou, Dealing with Non-cooperation at the ICC: Towards a More Holistic Approach
    • Frédéric Mégret, Peering behind the ‘Institutional Veil’ to Assess State Behaviour in the Security Council: Does/Should icc Membership Make a Difference?
    • Triestino Mariniello, Judicial Control over Prosecutorial Discretion at the International Criminal Court
    • Barrie Sander, The Expressive Limits of International Criminal Justice: Victim Trauma and Local Culture in the Iron Cage of the Law
    • Volker Nerlich, Audiences of the International Criminal Court
    • Alice Riccardi, The Universal Declaration of Human Rights in Twenty Years of icc Practice: An International Law Perspective

New Issue: Journal of International Humanitarian Legal Studies

The latest issue of the Journal of International Humanitarian Legal Studies (Vol. 10, no. 2, 2019) is out. Contents include:
  • Elina Almila, Protecting Children from Sexual Violence in Armed Conflict under International Humanitarian Law: Discrepancies between Conventions and Practice of International Criminal Courts and Tribunals
  • Pouria Askary & Katayoun Hosseinnejad, Non-state Courts: Illegal or Conditional? The Case of Da'esh Courts
  • Ximena Galvez Lima, Inked or Not: Maras and Their Participation in El Salvador’s Recent Armed Conflict
  • Hilly Moodrick-Even Khen, From Knives to Kites: Developments and Dilemmas around the Use of Force in the Israeli–Palestinian Conflict since ‘Protective Edge’
  • Frédéric Mégret & Chloe Swinden, Returning the ‘Fallen Terrorist’ for Burial in Non-international Armed Conflicts: The Rights of the Deceased, the Obligations of the State, and the Problem of Collective Punishment