Saturday, March 2, 2024

New Issue: Journal of International Criminal Justice

The latest issue of the Journal of International Criminal Justice (Vol. 21, no. 4, September 2023) is out. Contents include:
  • Article
    • Matthew Gillett & Wallace Fan, Expert Evidence and Digital Open Source Information: Bringing Online Evidence to the Courtroom
  • Symposia
    • Arab Perspectives on International Criminal Justice
    • Anan Alsheikh Haidar, Foreword
    • Noha Aboueldahab, Transitional Justice as Repression and Resistance: Practices in the Arab World
    • Ghuna Bdiwi, Should We Call for Criminal Accountability During Ongoing Conflicts?
    • Haykel Ben Mahfoudh, The Arab World and the International Criminal Court: Who Needs the Other More?
    • Nidal Nabil Jurdi, The Special Tribunal for Lebanon: Lessons from a Missed Legacy
    • Twenty Years of the German Code of Crimes Against International Law
    • Florian Jeßberger & Julia Geneuss, Foreword
    • Florian Jeßberger, A Short History of Prosecuting Crimes under International Law in Germany
    • Stefanie Bock, The German Code of Crimes Against International Law at Twenty: Overview and Assessment of Modern ‘German International Criminal Law’
    • Aziz Epik & Leonie Steinl, Shortcomings of a Showpiece: Reflections on the Need for Reform of the German Code of Crimes Against International Law and Challenges for its Application
    • Julia Geneuss, On the Relationship Between German International Criminal Law and Counter-terrorism Criminal Law
    • Wolfgang Kaleck & Andreas Schüller, Room for Improvement: A Critical Assessment of 20 Years of the Code of Crimes Against International Law in Germany from an NGO Perspective
  • Review Essay
    • Fin-Jasper Langmack, Syrian State Torture on Trial
  • Cases Before International Courts and Tribunals
    • Radhika Kapoor, ‘Is It Too Late Now to Say Sorry?’: Remorse at International Criminal Tribunals
    • Adaena Sinclair-Blakemore, The Admission of New Prosecutorial Evidence in International Criminal Retrials: An Assessment of the Exclusionary Rule in Stanišić and Simatović
    • Yulia Nuzban, Context Matters: The Use of Overview Expert Evidence in ICC Trials

Wednesday, February 28, 2024

Mishra: International Trade Law and Global Data Governance: Aligning Perspectives and Practices

Neha Mishra
(Geneva Graduate Institute) has published International Trade Law and Global Data Governance: Aligning Perspectives and Practices (Hart Publishing 2024). Here's the abstract:

This open access book examines how international trade agreements apply to domestic regulations on cross-border data flows and then proposes a multilayered framework to align international trade law with evolving norms and practices in global data governance.

Digital trade and global data governance are at a unique crossroads, raising significant policy challenges. The book focuses on five policy areas at the interface of digital trade and global data governance: privacy, cybersecurity, governmental access to data, data divide, and competition. In five separate chapters, the book analyses how different types of domestic laws in each of these policy areas interface with existing provisions in international trade law. Thereafter, each of these chapters explores the challenges and possibilities for aligning international trade law with evolving norms, standards and best practices in that specific area of data regulation, both at the domestic and transnational level.

Drawing upon these findings, the final chapter proposes a multilayered framework for aligning international trade law with evolving norms and practices in global data governance. The key message of the book is that international trade law can and should meaningfully align with and contribute to the development of transnational data governance norms and practices. It can also foster robust regulatory cooperation among various stakeholders of the digital economy.

As the book offers a broad perspective on the significance of digital trade rules in a datafied world, it will benefit scholars, practitioners and policymakers working on digital trade and data regulation, helping its readers explore fresh avenues in the future development of digital trade rules.

Call for Papers: Aesthetics of International Law and Politics

The European International Studies Association’s Regular Section on Aesthetics of International Law and Politics has issued a call for papers for the 2024 EISA Annual Conference, August 27-31, in Lille. The call is here.

Tuesday, February 27, 2024

New Issue: International Journal of Marine and Coastal Law

The latest issue of the International Journal of Marine and Coastal Law (Vol. 39, no. 1, 2024) is out. Contents include:
  • In Memoriam Professor Alan Boyle (1953–2023)
  • Maruf Maruf & Yen-Chiang Chang, Strengthening the Regulatory Framework for the Conservation of Cetaceans and Migratory Marine Species against Anthropogenic Underwater Noise
  • Ceciel Nieuwenhout & Liv Malin Andreasson, The Legal Framework for Artificial Energy Islands in the Northern Seas
  • Tingting Ni, Junghwan Choi, & Jiancuo Qi, State Obligation in the East China Sea: Unilateral Activities and Countermeasures
  • Eduardo Gracias Baptista, The Tantalising Islands: Insights from a Textualist Interpretation of Article 121 of the LOSC
  • Stephany Aw, Coastal State Duties in the Repair of Submarine Cables
  • Irini Papanicolopulu, The Law of the Sea in Past Scholarship
  • Valentin Schatz & Sara Wissmann, Port State Control of Civilian Search and Rescue Vessels before the European Court of Justice: The Sea Watch Cases

Monday, February 26, 2024

Lecture: Guilfoyle on "Litigation as Statecraft: Small States and the Law of the Sea"

On March 11, 2024, Douglas Guilfoyle (Univ. of New South Wales - Law) will deliver a lecture (on Zoom) as part of the 2024 Public International Law Lecture Series. The topic is: "Litigation as Statecraft: Small States and the Law of the Sea." Details are here.

Online Roundtable: The Interplay between International Criminal Tribunals and Courts and Domestic Accountability

On March 25, 2024, the European Society of International Law's Interest Group on International Criminal Justice will hold an online roundtable discussion on "The Interplay between International Criminal Tribunals and Courts and Domestic Accountability." The speakers will include: Patryk I. Labuda, Geoffrey Lugano, Sarah Nouwen, and Elies van Sliedregt. Details are here.

Webinar: The Red Sea Crisis: Assessing the International Legal and Maritime Security Implications

As part of the Hague Initiative for Law and Armed Conflict Lecture Series, the T.M.C. Asser Instituut, in collaboration with the Amsterdam Center for International Law and the Netherlands Red Cross, will host a webinar on “The Red Sea Crisis: Assessing the International Legal and Maritime Security Implications,” on March 20, 2024. Details are here.

Sunday, February 25, 2024

Geneva Graduate Institute's International Law Colloquium for Spring 2024

The schedule for the Geneva Graduate Institute's International Law Colloquium for Spring 2024 is here.

Saturday, February 24, 2024

New Issue: London Review of International Law

The latest issue of the London Review of International Law (Vol. 11, no. 3, November 2023) is out. Contents include:
  • Articles
    • Marina Veličković, Ethical challenges of using trial transcripts for research purposes: A case study of the International Criminal Tribunal for the Former Yugoslavia
    • Rémi Bachand, International economic institutions after neoliberalism: the Indo-Pacific Economic Framework for Prosperity as a blueprint?
    • Harry Hobbs and Jessie Hohmann, The cinderella stamps and philatelic practices of micronations: the materiality of claims to statehood
    • Lynsey Mitchell, International law as shibboleth: the continued appeal of heroic narratives in support of military intervention
  • Books etc. Symposium on #Help: Digital Humanitarianism and the Remaking of International Order by Fleur Johns
    • Margie Cheesman, Digital humanitarianism: Interfaces, infrastructures, and countercurrents
    • Claudia Aradau, The tangle of digital humanitarianism
    • Stephen Humphreys, Actuality of pure surface
    • Fleur Johns, Reading and writing at the interface

Wednesday, February 21, 2024

Vidmar: Territorial Status in International Law

Jure Vidmar
(Maastricht Univ. - Law) has published Territorial Status in International Law (Hart Publishing 2024). Here's the abstract:
This book develops a new theory of territorialism and international legal status of territories. It (i) defines the concept of territory, explaining how territories are created; (ii) redefines the concept of statehood, illustrating that statehood (rather than the statehood criteria) is territorial legal status established in the formal sources of international law; and (iii) grounds non-state territorial entities in the sources of international law to explain their international legal status. This fresh new theoretical perspective has both scholarly and practical importance, providing a tool helping decision-makers and judges in the practical application of international law both internationally and domestically.

Tuesday, February 20, 2024

Boisson de Chazournes: Water in International Law: Between Singularity and Plurality

Laurence Boisson de Chazournes
(Université de Genève - Law) has published Water in International Law: Between Singularity and Plurality: Inaugural lecture delivered at the Collège de France on Thursday 12 January 2023 (Collège de France 2024). Here's the abstract:
Essential to human life and activity, freshwater is increasingly becoming a concern of international law. Its regulation, initially focused on rivers shared by several States, has gradually shifted to other sources of water. Today, its scarcity, the need for sustainable distribution of its uses, its use as a weapon of war, its vulnerability to environmental degradation and the prevention of disputes are all issues that call for the mobilization and reinforcement of international law.

Contesse: International Law Scholarship in Latin America

Jorge Contesse (Rutgers Univ. - Law) has posted International Law Scholarship in Latin America (Virginia Journal of International Law, forthcoming). Here's the abstract:

There are numerous publications on international law in Latin America. Books and yearbooks traditionally published by national international law associations coexist with recently established academic journals, housed in universities which seek to fulfill international accreditation standards. Scholarship in international law is, like other areas of law, strongly linked to the dynamics and practices of legal education. In Latin America, legal education has moved from a highly formalistic model to one that seeks to modernize teaching and research. With respect to international law, it also seeks to participate in global discussions and practices of intellectual production.

In this Essay, I present a map of international law journals in Latin America. To do so, in Part II, I review the features of Latin American legal education in both its traditional and more modern forms. In Part III, I describe the status of journals in six Latin American countries (Argentina, Brazil, Chile, Colombia, Mexico, and Peru), giving an account of the journals and the perspectives of their editors. To gain a deeper perspective on international law scholarship in Latin America, I consulted law librarians in Argentina, Chile, Colombia, Costa Rica, and Mexico, and interviewed editors, former editors, and directors of a dozen international law journals in the region. The resulting map offers insights on the state of scholarship in international law in Latin America, highlighting its implicit purpose of bringing international law and global discussions closer to the region and the attempt to achieve that purpose “from Latin America.”

Le Floch & Seatzu: Afrique et droit international humanitaire

Guillaume Le Floch
(Université de Rennes - Law) & Francesco Seatzu (Università degli Studi di Cagliari - Law) have published Afrique et droit international humanitaire : Actes du colloque de Rennes 1er et 2 décembre 2022 (Pedone 2024). The table of contents is here.

Monday, February 19, 2024

New Issue: Leiden Journal of International Law

The latest issue of the Leiden Journal of International Law (Vol. 37, no. 1, March 2024) is out. Contents include:
  • Editorial
    • Eliana Cusato, Rebecca Mignot-Mahdavi, Sofia Stolk, & Renske Vos, In praise of multiplicity: Suspending the desire to change the world
  • International Legal Theory
    • Wouter G. Werner, Sisyphus in robes: International law, legal interpretation and the absurd
    • Nina Reiners, States as bystanders of legal change: Alternative paths for the human rights to water and sanitation in international law
    • Eliana Cusato & Emily Jones, The ‘imbroglio’ of ecocide: A political economic analysis
  • International Law and Practice
    • Louis Bélanger & Jean-Frédéric Morin, Treaty amendment procedures: A typology from a survey of multilateral environmental agreements
    • Christiane Wilke & Helyeh Doutaghi, Legal technologies: Conceptualizing the legacy of the 1923 Hague Rules of Aerial Warfare
    • Magdalena Słok-Wódkowska & Joanna Mazur, Between commodification and data protection: Regulatory models governing cross-border information transfers in regional trade agreements
    • Katalin Sulyok, Science, epistemology and legitimacy in environmental disputes – The epistemically legitimate judicial argumentative space
    • Ashrutha Rai, The 2003 Intangible Cultural Heritage Convention in Armed Conflict: An integrated reading of obligations towards culture in conflict
  • International Court of Justice
    • Jean d’Aspremont, The chivalric pursuit of coherence in international law
    • James Gerard Devaney, Leaning from the steep slope: On coherence in response to Professor Jean d’Aspremont
    • Jörg Kammerhofer, Beyond the res judicata doctrine: The nomomechanics of ICJ interpretation judgments
  • International Criminal Courts and Tribunals
    • Elizabeth White, Closing cases with open-source: Facilitating the use of user-generated open-source evidence in international criminal investigations through the creation of a standing investigative mechanism
    • Aneta Peretko, Protection of LGBTQIA+ rights in armed conflict: How (and whether) to ‘queer’ the crime against humanity of persecution in international criminal law?
    • Şehmus Kurtuluş, Characterization of the violence between Türkiye and the PKK

Sunday, February 18, 2024

Call for Papers: 53rd Annual Conference of the Canadian Council on International Law

The Canadian Council on International Law has issued a call for papers for its 53rd Annual Conference, which will take place November 7-8, 2024, in Ottawa. The theme is "International Law: Enforcement and Entanglements." The call is here.

Saturday, February 17, 2024

New Issue: European Journal of International Law

The latest issue of the European Journal of International Law (Vol. 34, no. 4, November 2023) is out. Contents include:
  • Editorial
    • In This Issue; In This Issue – Reviews; EJIL Roll of Honour; 2023 EJIL Peer Reviewer Prize; 10 Good Reads 2023
  • Afterword: Antony Anghie and His Critics
    • Ratna Kapur, TWAIL and Alternative Visions: ‘Talking About a Revolution’: Afterword to the Foreword by Antony Anghie
    • Arnulf Becker Lorca, After TWAIL’s Success, What Next? Afterword to the Foreword by Antony Anghie
    • Andreas von Arnauld, The Third World and the Quest for Reparations: Afterword to the Foreword by Antony Anghie
  • Articles
    • Joris Larik, Imitation as Flattery: The UK’s Trade Continuity Agreements and the EU’s Normative Foreign Policy border
    • Hanna Eklund, Peoples, Inhabitants and Workers: Colonialism in the Treaty of Rome
  • Year-Long Symposium: Re-Theorizing International Organizations Law: Reconsiderations, Hidden Gems, and New Perspectives
    • Yifeng Chen, International Institutions as Forms and Fora: Rao Geping and the Law of International Organizations in China
    • Kristina Daugirdas, Rosalyn Higgins on International Organizations and International Law: The Value and Limits of a Policy-Oriented Approach
    • Devika Hovell, Jan Klabbers, & Guy Fiti Sinclair, Re-theorizing International Organizations Law: An Epilogue
  • Roaming Charges
    • Spot the Difference in Downtown Beirut: A Postscript to ‘Time for Justice?’
  • Critical Review of Governance
    • Anna Sophia Tiedeke & Martin Fertmann, A Love Triangle? Mapping Interactions between International Human Rights Institutions, Meta and Its Oversight Board border
    • André Nollkaemper, International Law and the Agony of Animals in Industrial Meat Production border
    • Armin Steinbach, The EU’s Turn to ‘Strategic Autonomy’: Leeway for Policy Action and Points of Conflict
  • Legal/Illegal
    • Anton Moiseienko, Legal: The Freezing of the Russian Central Bank’s Assets
    • Ron van der Horst, Illegal, Unless: Freezing the Assets of Russia’s Central Bank
  • Book Reviews
    • Sigrid Boysen, reviewing Marie-Catherine Petersmann, When Environmental Protection and Human Rights Collide: The Politics of Conflict Management by Regional Courts
    • Prisca Feihle, reviewing Alice Ollino, Due Diligence Obligations in International Law
    • Sanna S. Lehtinen, reviewing Emily Jones, Feminist Theory and International Law: Posthuman Perspectives
    • Christian J. Tams, reviewing Tommaso Soave, The Everyday Makers of International Law: From Great Halls to Back Rooms
  • The Last Page
    • Ricardo Reis (Fernando Pessoa), Quanta tristeza e amargura afoga

Friday, February 16, 2024

New Issue: Ocean Development & International Law

The latest issue of Ocean Development & International Law (Vol. 54, no. 4, 2023) is out. Contents include:
  • H. J. Woker, Challenging the Notion of a “Single Continental Shelf”
  • Apostolos Tsiouvalas & Jan Jakub Solski, ‘One Map to Rule Them All’? Revisiting Legalities Through Cartographic Representations of the Northwest Passage
  • Gunnar Sander, European Approaches Support an Essential Definition of Ecosystem-Based Management and Demonstrate Its Implementation for the Oceans
  • Aron Westholm & Gabriela Argüello, Dynamic Ocean Management in Areas Beyond National Jurisdiction
  • Sarah Lothian, The BBNJ Agreement: Through the Prism of Deep-Sea Vulnerable Marine Ecosystems

Thursday, February 15, 2024

Allen & Trinidad: The Western Sahara Question and International Law: Recognition Doctrine and Self-determination

Stephen Allen
(Queen Mary Univ. of London - Law) & Jamie Trinidad (Cambridge Univ. - Law) have published The Western Sahara Question and International Law: Recognition Doctrine and Self-determination (Routledge 2024). The book is available open access. Here's the abstract:
This book analyses recent developments concerning the application of the international legal doctrines of recognition and self-determination in relation to the Western Sahara Question. It investigates the emergent shift in favour of Morocco’s sovereignty claim to Western Sahara as apparent from the positions adopted by an increasing number of third States in the United Nations and the recent spate of third States establishing consulates in Western Sahara, with Morocco’s encouragement. It reflects on what the functioning of the doctrines of recognition and self-determination in this situation reveals about contemporary international law in practice more generally. The work will be of interest to scholars, researchers, and postgraduate students as well as practitioners of public international law who have a particular interest in decolonisation, self-determination disputes, and/or conflicts about natural resource entitlements. It will also appeal to readers with an interest in the work of International Organisations, including the United Nations, the European Union, and the African Union, and to specialists in international relations and regional politics.

Akinkugbe: The Challenge to the Rule of Law and Democracy in Contemporary West and Central Africa

Olabisi D. Akinkugbe (Dalhousie Univ. - Law) has posted The Challenge to the Rule of Law and Democracy in Contemporary West and Central Africa (in The Rule of Law under Pressure: The Enmeshment of International and National Trends, Gregory Shaffer & Wayne Sandholtz eds., forthcoming). Here's the abstract:
After a moment that was characterized by a flurry of constitutional reforms and elections, coups have returned in some states in Western, Central and Sahel regions in Africa. The rule of law and democratic governance have come under significant stress. A confluence of events – colonial legacies, uprisings, regional conflicts, term elongation, challenges to the dynastic style of leadership, and the rising incidence of coups – challenge the entrenchment of the rule of law in contemporary Africa. Focusing on period between 2020 and 2023, the chapter asks: Against the background of recent coups, how should we analyze the rule of law in contemporary Africa? Is the decline of the rule of law and democratic governance in sub-Saharan Africa as a region overstated, given that the coups are concentrated in Francophone West Africa and the Sahel region? How should we think of the role of geopolitical contestations and colonial linkages in unsettling democratic regimes and eroding the rule of law in Africa?

Wednesday, February 14, 2024

Mührel: The Authority of the International Committee of the Red Cross: Determining What International Humanitarian Law Is

Linus Mührel
(Technische Universität Dresden; Danckert Bärlein & Partner Rechtsanwälte) has published The Authority of the International Committee of the Red Cross: Determining What International Humanitarian Law Is (Brill | Nijhoff 2024). Here's the abstract:
This book conducts the first ever comprehensive study of the ICRC’s interpretations and law-ascertainments. It analyses in detail their impact on the development of international humanitarian law and international law in general as well as the reasons for their impact. This analysis involves the discussion of the ICRC’s authority. Is it legal or just factual authority? The analysis also illuminates the direction that IHL – and international law in general – develops. This insight sheds light on the question of the current type of international law, i.e., what international law is and who makes it.

Tuesday, February 13, 2024

New Issue: Climate Law

The latest issue of Climate Law (Vol. 14, no. 1, 2024) is out. Contents include:
  • Elizabeth Macpherson, Annick Masselot, David Jefferson, & Julia Gunn, A Critical Feminist Evaluation of Climate Adaptation Law and Policy: The Case of Aotearoa New Zealand
  • Laely Nurhidayah, Shawkat Alam, Nurrahman Aji Utomo, & Agus Suntoro, Indonesia’s Just Energy Transition: The Societal Implications of Policy and Legislation on Renewable Energy
  • Edwin Martin, Nur Arifatul Ulya, Syafrul Yunardy, Karlin Agustina, Dewi Meidalima, & Chuzaimah Chuzaimah, Navigating Mangrove Protection: A Jurisdictional Approach to Climate Action in South Sumatra, Indonesia
  • Jenny Hall & Louis Koen, Taking Stock of the Scholarship on the Relationship between International Investment Law and the Need for Raised Climate Ambition

Monday, February 12, 2024

Workshop: Rethinking Human Rights Treaty Withdrawals

On March 14, 2024, the Maastricht Centre for Human Rights will hold a hybrid session as part of its Pick Our Brain Series. Başak Çalı and Larry Helfer will discuss "Rethinking Human Rights Treaty Withdrawals." Details are here.

Symposium: Law of the Sea: Climate Change and Other Recent Developments

On March 6, 2024, the Lauterpacht Centre for International Law will host a symposium on "Law of the Sea: Climate Change and Other Recent Developments." Details are here.