Sunday, May 28, 2023

Longobardo: The Applicability of Apartheid to Situations of Occupation: At the Crossroads between International Humanitarian Law, International Criminal Law, and International Human Rights Law

Marco Longobardo (Univ. of Westminster - Law) has posted The Applicability of Apartheid to Situations of Occupation: At the Crossroads between International Humanitarian Law, International Criminal Law, and International Human Rights Law (Anuario Mexicano de Derecho Internacional, forthcoming). Here's the abstract:
The article deals with the applicability of apartheid in occupied territory. Rather than assessing whether in specific situation of an occupation an occupying power has established an apartheid regime, the article discusses whether there is anything in the law of occupation or in the international regulation of apartheid that makes them mutually exclusive. On the basis of international human rights law, international criminal law, and international humanitarian law considerations, it is argued that apartheid can be applied to occupied territory following the ordinary rules for the application of international human rights law and international criminal law in occupied territory. Accordingly, international law does not bar the application of apartheid in occupied territory, but rather, the law of occupation and apartheid coincide to strengthen the protection of civilians in occupied territories.

New Issue: European Journal of International Relations

The latest issue of the European Journal of International Relations (Vol. 29, no. 2, June 2023) is out. Contents include:
  • Naosuke Mukoyama, The Eastern cousins of European sovereign states? The development of linear borders in early modern Japan
  • Natalya Naqvi, Economic crisis, global financial cycles and state control of finance: public development banking in Brazil and South Africa
  • Johannes Petry, Beyond ports, roads and railways: Chinese economic statecraft, the Belt and Road Initiative and the politics of financial infrastructures
  • Leonie Holthaus, Feelings of (eco-) grief and sorrow: climate activists as emotion entrepreneurs
  • Laleh Khalili, Humanitarianism and racial capitalism in the age of global shipping
  • Megan A. Stewart, Foundations of the Vanguard: the origins of leftist rebel groups
  • Benjamin E. Goldsmith & Yusaku Horiuchi, Does Russian election interference damage support for US alliances? The case of Japan
  • Paul Beaumont & Elana Wilson Rowe, Space, nature and hierarchy: the ecosystemic politics of the Caspian Sea
  • James W. Davis, Better than a bet: good reasons for behavioral and rational choice assumptions in IR theory
  • Regan Burles, Kant’s domestic analogy: international and global order

Saturday, May 27, 2023

New Issue: Chinese Journal of International Law

The latest issue of the Chinese Journal of International Law (Vol. 22, no. 1, March 2023) is out. Contents include:
  • Editorial Comment
    • Sienho Yee, Between the “Standard Methodology” in Delimitation Dispute Settlement and the UNCLOS: Some 40th Anniversary Reflections
  • Articles
    • Agnese Vitale, The Higher Law and the Principle of Non-Recognition
    • Zhenni Li, Autonomy of Provisional Measures or Autonomy of the International Court of Justice?
  • Comment
    • Jianjun Gao, Delimitation of the Extended Continental Shelf in Somalia v. Kenya in the ICJ: A Critique
  • Current Development
    • Yudan Tan & Suhong Yang, The Joint Investigation Team in Ukraine: An Opportunity for the International Criminal Court?
  • Special Section of Letters on Joint Development
    • Sienho Yee, Special Section of Letters on Joint Development: An Introductory Note
    • Niya Deng, Joint Development Between Australia and Timor-Leste
    • Wang Jia, Nigeria-Sao Tome and Principe Joint Development of Petroleum and Other Resources
    • Shichen Tian, The Joint Development Agreement between Senegal and Guinea-Bissau: A Summary and Brief Analysis
    • Jing Liu, The Japan-Korea Joint Development Agreement: with Particular References to Revising the Deadlock Resolution Mechanism
    • Gulardi Nurbintoro, The Timor Gap Treaty
    • Sufian Jusoh, Muhammad Faliq Abd Razak, & Ahmad Rizal Mohd Yusof, Malaysia-Thailand Joint Development Agreement
    • Muhammad Faliq Abd Razak, Sufian Jusoh, & Andika Ab. Wahab, Malaysia-Vietnam Joint Development Agreement

New Issue: Korean Journal of International and Comparative Law

The latest issue of the Korean Journal of International and Comparative Law (Vol. 11, no. 1, 2023) is out. Contents include:
  • Yoshifumi Tanaka, Military Activities or Law Enforcement Activities?: Reflections on the Dispute Concerning the Detention of Ukrainian Naval Vessels and Servicemen

Friday, May 26, 2023

Call for Papers: 2023 DILEMA Conference

All call for papers has been issued for the 2023 DILEMA Conference on the complex and interdisciplinary issues raised by military applications of artificial intelligence, to take place October 12-13, 2023, at the Asser Institute, The Hague. The call is here. The deadline is May 31, 2023.

Thursday, May 25, 2023

Olakpe: South-South Migrations and the Law from Below: Case Studies on China and Nigeria

Oreva Olakpe
(Toronto Metropolitan Univ.) has published South-South Migrations and the Law from Below: Case Studies on China and Nigeria (Hart Publishing 2023). Here's the abstract:

This book explores the narratives and experiences of people in the Global South as they encounter the impact of international law in their lives. It looks specifically at approaches to international migrations and the law, as states in the Global South confront migration-related challenges.

Taking a case study approach, drawn from the experiences of undocumented and displaced migrants in China and Nigeria, the book shows how informal justice systems not only exist but are upheld. With an innovative analysis drawing both on intersectionality and a Third World Approaches to International Law (TWAIL), it moves away from the classic international versus regional and domestic law approach to reveal the experience of the Third World in relation to the law.

Wednesday, May 24, 2023

Call for Papers: De-centering the history of international organisations

A call for papers has been issued for a conference on "De-centering the history of international organisations," to take place November 29-December 1, 2023, at KU Leuven. The call is here.

Tuesday, May 23, 2023

New Issue: International Journal of Transitional Justice

The latest issue of the International Journal of Transitional Justice (Vol. 17, no. 1, March 2023) is out. Contents include:
  • Editorial
    • Lieselotte Viaene, Peter Doran & Jonathan Liljeblad, Special Section: ‘Transitional Justice and Nature: A Curious Silence’
  • Articles
    • Janine Natalya Clark, Harm, Relationality and More-than-Human Worlds: Developing the Field of Transitional Justice in New Posthumanist Directions
    • Ana Iris Loperena, Fabián Rosas, Paula Cáceres, Laura Carianil & Angela Santamaria , Reparations for Indigenous Women Subjected to Sexual and Environmental Violence in the Colombian Post-Peace Agreement
    • Sarah Kerremans & Tine Destrooper, Exploring the Nexus between Transitional Justice and Ecoterritorial Conflict Resolution: Time for an Ecoterritorial Turn in Transformative Transitional Justice?
    • Isabella Ariza-Buitrago & Luisa Gomez-Betancur, Nature in Focus: The Invisibility and Re-Emergence of Rivers, Land and Animals in Colombia’s Transitional Justice System
    • Colin Luoma, Reckoning with Conservation Violence on Indigenous Territories: Possibilities and Limitations of a Transitional Justice Response
    • Laura Ordoñez-Vargas, L. C. Peralta Gonzalez & Enrique Prieto-Rios, An Econcentric Turn in the Transitional Restorative Justice Process in Colombia
    • Elin Skaar, When Truth Commission Models Travel: Explaining the Norwegian Case
    • Christelle Molima Bameka, Narrowing the Gap in the Access to Justice for Child Victims in Postconflict Societies: An Analysis Stemming from the Construction of Child Soldiers in International Law and Policy
    • Chulani Kodikara, The Office on Missing Persons in Sri Lanka: Why Truth Is a Radical Proposition
  • Review Essay
    • Mark Kersten, ‘Global South’ Voices Are Muted in Debates over the Crime of Aggression: What Three Books on Illegal War Tell Us About Why

Call for Submissions: Climate Change Law in India

A call for submissions been issued for a special issue of Climate Law on "Climate Change Law in India." The call is here.

New Issue: International Journal of Marine and Coastal Law

The latest issue of the International Journal of Marine and Coastal Law (Vol. 38, no. 2, 2023) is out. Contents include:
  • Special Issue: LOSC Part XV at 40: Assessment and Critique
    • Alex G. Oude Elferink, Danae F. Georgoula, Lan N. Nguyen, & Seline Trevisanut, Compulsory Jurisdiction as the DNA of LOSC Dispute Settlement: An Evolutionary Path
    • Ke Song, The Battle of Ideas under LOSC Dispute Settlement Procedures
    • Danae F. Georgoula, The LOSC Renvois as a Source of Untapped Jurisdiction
    • Alina Miron, COSIS Request for an Advisory Opinion: A Poisoned Apple for the ITLOS?
    • Rüdiger Wolfrum, Implementation and Enforcement of Community Interest-related Treaties by Judicial Means: Procedural Limitations, Chances and Prospects
    • Rozemarijn J. Roland Holst, Reflections on the Governance Function of Compulsory Dispute Settlement in the Legal Order for the Ocean
    • Massimo Lando, An Exploratory Empirical Outlook on the Authority of Annex VII Arbitral Tribunals
    • Sara McLaughlin Mitchell & Andrew P. Owsiak, Judicialisation of the Sea: An Elaboration of Our Argument and Its Merits
    • J. Eduardo Malaya, Maritime Dispute Settlement in Southeast Asia: Bargaining under the Shadow of the LOSC
    • Rolf Einar Fife, Contributions of LOSC Jurisprudence to Reaching and Justifying a Negotiated Outcome – and Contributions of Negotiated Settlements to the Law of the Sea
    • Joanna Mossop, Reimagining the Procedural Aspects of Part XV of the United Nations Convention on the Law of the Sea

Duroy: The Regulation of Intelligence Activities under International Law

Sophie Duroy
(KFG Berlin-Potsdam Research Group 'The International Rule of Law: Rise or Decline?') has published The Regulation of Intelligence Activities under International Law (Edward Elgar Publishing 2023). This is the latest volume in the Elgar International Law Series. Here's the abstract:
Presenting a thorough examination of intelligence activities in international law, Sophie Duroy provides theoretical and empirical justifications to support the cutting-edge claim that states’ compliance with international law in intelligence matters serves their national security interests. This book theorises the regulation of intelligence activities under international law, identifying three layers of regulation: a clear legal framework governing intelligence activities (legality); a capacity to enforce state responsibility (accountability); and the integration of legality and accountability into responsive regulation by the international legal order (compliance).

Monday, May 22, 2023

Conference: 6th Biennial Conference of the African International Economic Law Network

On June 21-24, 2023, the African International Economic Law Network will hold its 6th Biennial Conference at the Ghana Institute of Management and Public Administration, in Accra. The theme is: "International Economic Law in an Era of Multiple Crises: Opportunities and Challenges for Africa." The draft program is here. Registration is here.

Hilpold & Perathoner: Festschrift für Professor Gilbert Gornig

Peter Hilpold (Universität Innsbruck - Law) & Christoph Perathoner (Christoph Perathoner & Partner) have published Festschrift für Professor Gilbert Gornig (Nomos/Facultas 2023). The table of contents is here (Volume 1: Europäisches Minderheitenrecht/Volume 2: Völkerrecht – Europarecht – Deutsches Recht). Here's the abstract:
Die zweibändige Festschrift zu Ehren von Professor Gilbert Gornig feiert das Lebenswerk eines herausragenden Rechtswissenschaftlers und Menschen. Als Wissenschaftler hat er Beeindruckendes geleistet und wirkt nach wie vor beispielgebend, nicht zuletzt für den akademischen Nachwuchs. Als Mensch überzeugt er durch Humanität und seine Fähigkeit zur Empathie. Beide Bände der Festschrift spiegeln die Vielzahl an Rechtsgebieten wider, in welchen der Jubilar wirkte und wirkt. Dazu zählt vor allem das Minderheitenrecht, aber auch das Völkerrecht, das Europarecht sowie das deutsche Recht im Allgemeinen.

Call for Papers: Archiving Atrocities, Archiving International Justice (Conference Stream)

A call for papers has been issued for a conference stream on "Archiving atrocities, archiving international justice," which will be part of the 2023 Law Literature and Humanities Association of Australasia Conference, which will take place December 11-14, in Brisbane, at the Queensland University of Technology. Here's the call:
New technologies in warfare are met by new technologies in recording atrocities. As a result, a new kind of atrocity archive is created where analogue records of atrocity are joined by digital and open source records. These atrocity archives are found at international courts, human rights commissions and where digital records such as satellite imagery and social media data are used to evidence international crimes and human rights violations. They can also be found at older truth commissions and the legacy institutions for former international(ised) tribunals where analogue archives are digitised for the purpose of preservation and dissemination. We welcome papers that examine forms of archiving or archives in the context of international conflict or international justice. Submit abstracts for papers via this link by 4 September. Please also notify one of the stream convenors via email (Maria Elander: m.elander@latrobe.edu.au; and Valeria Vázquez Guevara: vvg1@hku.hk). More information about the conference can be found here.

Sunday, May 21, 2023

The Newport Manual on the Law of Naval Warfare

James Kraska, Raul "Pete" Pedrozo, David Letts, Wolff Heintschel von Heinegg, Rob McLaughlin, James Farrant, Yurika Ishii, Gurpreet S. Khurana, & Koki Sato have published The Newport Manual on the Law of Naval Warfare. Here's the abstract:
The Newport Manual on the Law of Naval Warfare is the first effort to restate the law of naval warfare as a purely lex lata exercise since 1955. It is designed to provide a practical guide for commanders and seafarers, lawyers and officials, and educators and students. In doing so, the Manual also factors in the developments in warfighting technologies in recent decades, which have significantly influenced the nature of war at sea.

Horna: Law of the Sea and Maritime Delimitation: State Practice and Case Law in Latin America and the Caribbean

Angel Horna has published Law of the Sea and Maritime Delimitation: State Practice and Case Law in Latin America and the Caribbean (Routledge 2023). Here's the abstract:

The law of maritime delimitation has been shaped by the interpretation of certain provisions of the United Nations Convention on the Law of the Sea, which has led to State practice being neglected in current scholarship. This book presents an overview of the under-examined question of the impact of State practice in Latin America and the Caribbean on the development of the law of maritime delimitation.

Examining the status of maritime boundaries in Latin America and the Caribbean, this book also ponders the impact of State practice and case law on the law of maritime delimitation. It outlines the historical framework of the establishment of maritime jurisdiction during colonial times and assesses the evolution of maritime delimitation and the contribution of Latin America and the Caribbean to the modern law of the sea. It discusses the law of maritime delimitation and, through jurisprudence, the development of the three-stage methodology to describe and explain maritime delimitation agreements in Latin America and the Caribbean according to the method or methods of delimitation employed. It reviews maritime boundaries in Latin America and the Caribbean that were submitted to third-party adjudication as well as provisional arrangements, considering the role of State practice in Latin America and the Caribbean on the development of the law of maritime delimitation.

New Issue: Journal of International Arbitration

The latest issue of the Journal of International Arbitration (Vol. 40, no. 3, 2023) is out. Contents include:
  • Gary B. Born & Sonya Ebermann, A New Patent Mediation and Arbitration Centre for Europe
  • Therese Wilson, Yuri Banens, & Shanayah Sharif, ISDS and States’ Ability to Deal with Financial Crisis
  • Kevin Ongenae, Electronic Arbitral Awards: Yea or Nay? A Glimpse Inside the Minds of Arbitral Institutions
  • Orlando Federico Cabrera Colorado, The Future of International Arbitration in the Age of Artificial Intelligence
  • Kenneth Ugwuokpe, Limitation Period for Enforcing Arbitral Awards in Nigeria: A Case of Justice Without Remedy

Saturday, May 20, 2023

Conference: International Law and Conflict at Sea

The 5th Annual Alexander C. Cushing International Law Conference, on the topic "International Law and Conflict at Sea," will take place, in the hybrid format, at the U.S. Naval War College, on May 23-25, 2023. The program is here. Registration is here.

Friday, May 19, 2023

Kleczkowska: The legal assessment of acts of environmental warfare during the armed conflict in Ukraine

Agata Kleczkowska (Polish Academy of Sciences - Institute of Law Studies) has published The legal assessment of acts of environmental warfare during the armed conflict in Ukraine (Neue Zeitschrift für Wehrrecht, Vol. 65, no. 2, 2023). Here's the abstract:
Even now, when there is still no end in sight for the armed conflict in Ukraine, the first initiatives aimed at planning the rebuilding of this State are being discussed. One of the key aspects which should be taken into account is the state of the natural environment in Ukraine once the armed conflict is over. While one could rightly claim that the protection of human lives is more important than preserving plants and animals, the latter element is also of great importance: contaminated soil, water and air; destruction of grain fields preventing farming; or flooded residential areas may be critical for the survival of many Ukrainians. It is thus important to highlight Russia’s obligations to protect the environment during armed conflict, as well as to point out the violations committed by Russian forces. The aim of the paper is to discuss these issues by referring to the notion of environmental warfare. This paper is divided into three major parts: the first discusses what environmental warfare is, and introduces the differentiation between direct environmental warfare (IEW) and indirect environmental warfare (IEW). In the next two parts, acts of environmental warfare committed by Russia are qualified as either direct or indirect and assessed from the perspective of international humanitarian law (IHL).

Call for Papers: Countering terrorism and violent extremism in the public interest

The T.M.C. Asser Instituut has issued a call for papers for a workshop on "Countering terrorism and violent extremism in the public interest," to take place October 31– November 1, 2023, in The Hague and online. The call is here.

Conference: BIICL WTO Conference 2023

On June 23, 2023, the British Institute of International and Comparative Law will host, in the hybrid format, its 2023 WTO Conference. The topic is: "Technology and Trade: Challenges and Opportunities." The program is here.

Call for Papers: Russia, Imperialism, and International Law

A call for papers has been issued for a symposium on "Russia, Imperialism, and International Law," to be held September 14-16, 2023, at the Walther Schücking Institute for International Law, University of Kiel. Details are here.

Thursday, May 18, 2023

Seminar: Business in conflict and post-conflict situations: towards a responsible business conduct

On May 30, 2023, NOVA School of Law will host a seminar on "Business in conflict and post-conflict situations: towards a responsible business conduct.” Details are here.

von Bernstorff & Venzke: International Law and Justice

Jochen von Bernstorff (Universität Tübingen - Law) & Ingo Venzke (Univ. of Amsterdam - Law) have posted International Law and Justice (in Max Planck Encyclopedia of Public International Law, Anne Peters ed., forthcoming). Here's the abstract:
How does international law relate to justice? We distinguish three sets of answers to this overarching question: First are those answers that are affirmative about justice, about the possibilities of establishing what justice requires, and about its progressive potential for international legal discourse and practice. They see justice as a foundation and yardstick for the law. To the contrary, the second set of answers is marked by its scepticism in this regard. It sees justice as a distraction for the law, and as a disguise for ulterior motives and for the workings of power. The third set of answers, finally, is marked less by its scepticism towards justice as such, but towards law as a form or medium to pursue justice-related concerns. It sees international law mostly as an expression of injustice and prompts questions about the possibilities of law’s progressive appropriation and transformation.

Rothwell: Climate Change, Small Island States, and the Law of the Sea: The ITLOS Advisory Opinion Request

Donald R. Rothwell (Australian National Univ. - Law) has posted an ASIL Insignt on Climate Change, Small Island States, and the Law of the Sea: The ITLOS Advisory Opinion Request.