Tuesday, October 27, 2020

Van Hulle: Britain and International Law in West Africa: The Practice of Empire

Inge Van Hulle
(Tilburg Univ. - Law) has published Britain and International Law in West Africa: The Practice of Empire (Oxford Univ. Press 2020). Here's the abstract:

Africa often remains neglected in studies that discuss the historical relationship between international law and imperialism during the nineteenth century. When it does feature, focus tends to be on the Scramble for Africa, and the treaties concluded between European powers and African polities in which sovereignty and territory were ceded. Drawing on a wide range of archival material, Inge Van Hulle brings a fresh new perspective to this traditional narrative. She reviews the use and creation of legal instruments that expanded or delineated the boundaries between British jurisdiction and African communities in West Africa, and uncovers the practicality and flexibility with which international legal discourse was employed in imperial contexts. This legal experimentation went beyond treaties of cession, and also encompassed commercial treaties, the abolition of the slave trade, extraterritoriality, and the use of force.

The book argues that, by the 1880s, the legal techniques that were fashioned in the language of international law in West Africa had largely developed their own substantive characteristics. Legal ordering was not done in reference to adjudication before Western courts or the writings of Western lawyers, but in reference to what was deemed politically expedient and practically feasible by imperial agents for the preservation of social peace, commercial interaction, and humanitarian agendas.

Pal: Jurisdictional Accumulation: An Early Modern History of Law, Empires, and Capital

Maïa Pal (Oxford Brookes Univ. - International Relations) has published Jurisdictional Accumulation: An Early Modern History of Law, Empires, and Capital (Cambridge Univ. Press 2020). Here's the abstract:
The majority of European early modern empires – the Castilian, French, Dutch, and English/British – developed practices of jurisdictional accumulation, distinguished by the three categories of extensions, transports, and transplants of authority. This book is concerned with various diplomatic and colonial agents which enabled the transports and transplants of sovereign authority. Through historical analyses of ambassadors and consuls in the Mediterranean based on primary and secondary material, and on the empires' Atlantic imperial expansions and conquests, the book makes a major analytical contribution to historical sociology. As an interdisciplinary exercise in conceptual innovation based on a Political Marxist framework and its concept of social property relations, the book goes beyond common binaries in both conventional and critical histories. The new concept of jurisdictional accumulation brings ambassadors, consuls, merchants, and lawyers out of the shadows of empire and onto the main stage of the construction of modern international relations and international law.

Monday, October 26, 2020

Andenas, Pantaleo, Happold, & Contartese: EU External Action in International Economic Law - Recent Trends and Developments

Mads Andenas (Univ. of Oslo), Luca Pantaleo (Univ. of Cagliari), Matthew Happold (Université du Luxembourg), & Cristina Contartese (The Hague Univ. of Applied Sciences) have published EU External Action in International Economic Law - Recent Trends and Developments (Asser Press 2020). The table of contents is here. Here's the abstract:
The topic of this book is the external action of the EU within international economic law, with a special focus on investment law. The aim of the volume is to provide the reader with an appraisal of the most recent trends and developments that have characterised a field that has been rapidly evolving and in which the EU has imposed itself as a leading actor.

Zhao: Coopérer en droit international des cours d'eau transfrontaliers : État du droit et étude du cas chinois

Yue Zhao (Université du Sichuan - Law) has published Coopérer en droit international des cours d'eau transfrontaliers : État du droit et étude du cas chinois (L'Harmattan 2020). Here’s the abstract:
La plupart des cours d'eau transfrontaliers de la Chine prennent leur source en Chine. On prétend généralement que ce pays, profitant de sa position géohydrologique avantageuse, adopte une stratégie unilatérale dans ses projets hydrauliques. Cet ouvrage étudie de façon approfondie et systématique les pratiques de la Chine dans les coopérations hydriques bilatérales et multilatérales, en exposant sa vision du droit international, surtout en matière de cours d'eau transfrontaliers. À partir de l'exemple chinois, un nouvel éclairage est jeté sur un concept important, essentiel et complexe du droit international, à savoir l'obligation générale de coopérer.

New Issue: London Review of International Law

The latest issue of the London Review of International Law (Vol. 8, no. 1, March 2020) is out. Contents include:
  • Articles
    • Dino Kritsiotis & Thérèse O’Donnell, Symposium on the centennial anniversary of the Peace of Versailles: verdicts and revisitations
    • Kate Miles, Visuality of a treaty: reflection on Versailles
    • Dino Kritsiotis, Fourteen ways of looking back at the Treaty of Versailles
    • Nigel D White, The League of Nations, autonomy and collective security
    • Thérèse O’Donnell, Designing Versailles: landscapes and the perspectival peace: Dedicated to the memory of Frederick Arthur Farrell (29 November 1882 – 22 April 1935)
  • Books Etc.
    • Book Symposium: Grietje Baars, The Corporation, Law, and Capitalism: A Radical Perspective on the Role of Law in Global Political Economy
    • Dan Danielsen, ‘To see the world in a grain of sand’: law and capitalism revealed through the corporation
    • Susan Marks, The corporation and three Cokes
    • Emily Jones, The Corporation, Law and Capitalism: reflections on capitalist law and queer resistance
    • Maïa Pal, On the methodological limits of the commodity form theory of law in The Corporation, Law and Capitalism
    • Honor Brabazon, Calling out Monsieur le Capital: remoralisation, subjectivity, agency, and change in The Corporation, Law and Capitalism
    • Grietje Baars, Writing in the time of coronavirus

Call for Papers: Transnational Legal Feminism – Beyond Western Hegemonies of International Law and Feminist Theory

The Transnational Legal Theory journal in collaboration with the London South Bank University and Cornell Law School have issued a call for papers for a virtual conference to be held on March 25-26, 2021. The theme is: "Transnational Legal Feminism – Beyond Western Hegemonies of International Law and Feminist Theory." The call is here.

Sifonios & Ziegler: “Tuna – Dolphin Forever?": The Development of the PPM Debate Related to Trade and Environment in the WTO

David Sifonios & Andreas R Ziegler (Univ. of Lausanne - Law) have published “Tuna – Dolphin Forever?": The Development of the PPM Debate Related to Trade and Environment in the WTO (Indian Journal of International Economic Law, Vol. 7, pp. 106-133, 2020). Here's the abstract:
The Tuna-Dolphin disputes between the United States and Mexico have spanned almost three decades. They have shed light on the “PPM debate”, i.e. whether trade restrictions based on differences in process and production methods (PPMs) are justifiable under international trade rules. While a very strict approach against the use of PPM measures prevailed at the end of the GATT era, it has significantly evolved during the first two decades of the WTO. The Dispute Settlement Body eventually upheld a PPM “dolphin-safe” measure at the end of a particularly long judicial saga. The different Tuna-Dolphin reports show how environmental interests have gradually been integrated in WTO law and have influenced the interpretation of some of the core provisions of the GATT and the TBT Agreement (nondiscrimination obligations, general exceptions). These remarkable evolutions may be viewed as reflections of the objective of sustainable development mentioned in the WTO Agreement and as consequences of the judicialization of the multilateral trading system, which has allowed more legally sophisticated analyses based on the rule of law. They also illustrate efforts to foster the external legitimacy of the WTO, through greater sensitivity towards non-trade values. At the same time, the Tuna-Dolphin case law has become particularly complex, focusing on very fine technical details specific to the dispute, which has led to the risk of “never-ending story”. In this context, the search for legal security, coherence and efficient settlement of disputes may be the next challenge for WTO adjudicating bodies. At the same time, the use of PPM measures remains delicate and requires the assessment and balance of a variety of interests, including the specific interests of developing countries.

Sunday, October 25, 2020

Roberts, Hardy, & Huck: EU and CARICOM: Dilemmas versus Opportunities on Development, Law and Economics

Alicia Elias Roberts
(Univ. of the West Indies), Stephen Hardy (Coventry Univ.), & Winfried Huck (Ostfalia University of Applied Sciences) have published EU and CARICOM: Dilemmas versus Opportunities on Development, Law and Economics (Routledge 2020). The table of contents is here. Here's the abstract:

Investigating the unique EU-CARICOM legal relationship, this book explores the major theme of globalisation, which shapes inter-regional organisations individually and determines their relationship to one another. It evaluates how EU-CARICOM relations have fostered trade, security and other development measures, reflecting on the past, future and present of the Caribbean states that are active in the EU-CARICOM framework.

Providing case studies on key issues such as immigration, tax and energy, it examines the impact that the EU-CARICOM has on the slave trade and the deportation of millions of people. Such bitter experiences still indirectly shape culture, hopes and the economic framework of possibilities today; therefore, the focus of the volume is on the issues which the constant stream of globalisation creates. The book assesses many potential impacts that the agenda of the EU and Brexit pending will have upon the EU-CARICOM relationship, given the potential for these to create instability.

Overall, it highlights how the EU and CARICOM are representations for multilateralism and serve as models that provide the basis for many successful initiatives and agreements. In all new agreements and negotiations, the will to accept the Sustainable Development Goals and thus to make inequality, climate change and other goals of the SDGs the basis of an order that puts people at the centre, are evaluated, and the global agenda 2030 and its impact on EU-CARICOM.

Adeola: The Internally Displaced Person in International Law

Romola Adeola
(School of Advanced Study, Univ. of London - Refugee Law Initiative) has published The Internally Displaced Person in International Law (Edward Elgar Publishing 2020). Here's the abstract:
While the plight of persons displaced within the borders of states has emerged as a global concern, not much attention has been given to this specific category of persons in international legal scholarship. Unlike refugees, internally displaced persons remain within the states in which they are displaced. Current statistics indicate that there are more people displaced within state borders than persons displaced outside states. Romola Adeola examines the protection of the internally displaced person under international law, considering existing legal regimes at various levels of governance and institutional mechanisms for internally displaced persons.

Fraser & Leyh: Intersections of Law and Culture at the International Criminal Court

Julie Fraser
(Utrecht Univ. - Netherlands Institute of Human Rights) & Brianne McGonigle Leyh (Utrecht Univ. - Netherlands Institute of Human Rights) have published Intersections of Law and Culture at the International Criminal Court (Edward Elgar Publishing 2020). The table of contents is here. Here's the abstract:

This pioneering book explores the intersections of law and culture at the International Criminal Court (ICC), offering insights into how notions of culture affect the Court’s legal foundations, functioning and legitimacy, both in theory and in practice.

Leading scholars and legal practitioners take a multidisciplinary approach to challenge the view that international law is not limited or bound by a particular culture, arguing instead that law and culture are intertwined. Analysing how culture influences views of the law, the facts to which it applies, and the fairness of the outcome, the contributors consider the implications of culture and law for the ICC and its international reach. Chapters discuss important intersections of law and culture, from religion and politics to the definition of international crimes and their interpretation by judges. Highlighting the inherent but often overlooked role of ‘culture’ at the ICC, the book puts forward recommendations to aid the Court’s future considerations.

New Volume: Israel Yearbook on Human Rights

The latest volume of the Israel Yearbook on Human Rights (Vol. 50, 2020) is out. Contents include:
  • Yoram Dinstein, The Special Dimensions of Urban Warfare
  • Pnina Sharvit Baruch, Corinna Dau, & Shavit Rissin, Humanitarian Ceasefire Agreements and the Law of Armed Conflict
  • Sergey Sayapin, The Yanukovych Trial in Ukraine: A Revival of the Crime of Aggression?
  • Arne Willy Dahl, Equality before the Law? Some Reflections on the Defence of Obedience to Superior Orders
  • Eckart Klein & David Kretzmer, States Reports to Human Treaty Bodies: An Historical Introduction
  • Stefan Oeter, Headscarf and Burqa Bans as Battlegrounds for Symbolic Conflicts on Cultural Identity: Has Human Rights Protection Ended Up in a State of Confusion?
  • Yoram Rabin, Yaniv Vaki, & Isaac Becker, From Ancient Israel to Modern Israel: The Historical Development of the Protection of a Fetus in Criminal Law
  • Terry D. Gill & Kinga Tibori Szabo, Twelve Key Questions on Self-Defence against Non-State Actors – And Some Answers
  • Wolff Heintschel von Heinegg, Internationally Legal Responses to Hybrid Threats
  • Nicholas Rostow, Law and Power: U.S. Grand Strategy and International Law
  • Marco Roscini, Intervention in XIXth Century International Law and the Distinction between Rebellions, Insurrections and Civil Wars
  • Joel Singer, The Case of Constructive Ambiguity in Israel-Arab Peace Negotiations

Zang: Judicial Engagement of International Economic Courts and Tribunals

Michelle Q. Zang
(Victoria Univ. of Wellington - Law) has published Judicial Engagement of International Economic Courts and Tribunals (Edward Elgar Publishing 2020). Here's the abstract:

In this thought-provoking book, Michelle Q. Zang critically examines the practices and outcomes of international economic adjudication through an exploration of a selected group of specialized judicial actors. She draws on an in-depth review of decisions delivered by bilateral, regional and multilateral judiciaries in order to respond to questions surrounding the proliferation and fragmentation of international adjudication, including the concerns and challenges this raises.

By disentangling and analysing the relationships between the various economic regimes involved, Zang reveals their substantial influence on the manner of engagement between specific adjudicators embedded in these regimes. The book also provides critical discussion about the development of international economic judiciaries, and explores the role of judicial bodies as regime coordinators within specialized and regional regimes under international law. It demonstrates that despite criticisms of plurality as the dominant phenomenon in international economic adjudication, it is not the sole root of the issues examined.

Saturday, October 24, 2020

Odello & Łubiński: The Concept of Genocide in International Criminal Law: Developments after Lemkin

Marco Odello
(Aberystwyth Univ. - Law) & Piotr Łubiński (Pedagogical Univ., Krakow - Institute of Security and Civic Education) have published The Concept of Genocide in International Criminal Law: Developments after Lemkin (Routledge 2021). The table of contents is here. Here's the abstract:
This book presents a review of historical and emerging legal issues that concern the interpretation of the international crime of genocide. The Polish legal expert Raphael Lemkin formulated the concept of genocide during the Nazi occupation of Europe, and it was then incorporated into the 1948 Convention on the Prevention and Punishment of the Crime of Genocide. This volume looks at the issues that are raised both by the existing international law definition of genocide and by the possible developments that continue to emerge under international criminal law. The authors consider how the concept of genocide might be used in different contexts, and see whether the definition in the 1948 convention may need some revision, also in the light of the original ideas that were expressed by Lemkin. The book focuses on specific themes that allow the reader to understand some of the problems related to the legal definition of genocide, in the context of historical and recent developments.

New Issue: Global Environmental Politics

The latest issue of Global Environmental Politics (Vol. 20, no. 4, November 2020) is out. Contents include:
  • Special Section: Domestic Climate Policy under Anarchy
    • Steven Bernstein, Matthew Hoffmann, Erika Weinthal, Matto Mildenberger, & Michaël Aklin, Introduction
    • Michaël Aklin & Matto Mildenberger, Prisoners of the Wrong Dilemma: Why Distributive Conflict, Not Collective Action, Characterizes the Politics of Climate Change
    • Patrick Bayer & Federica Genovese, Beliefs About Consequences from Climate Action Under Weak Climate Institutions: Sectors, Home Bias, and International Embeddedness
    • Kathryn Harrison, Political Institutions and Supply-Side Climate Politics: Lessons from Coal Ports in Canada and the United States
    • Thomas Hale, Catalytic Cooperation
  • Research Articles
    • Joshua W. Busby & Johannes Urpelainen, Following the Leaders? How to Restore Progress in Global Climate Governance
    • Ekaterina Domorenok, Giuseppe Acconcia, Lena Bendlin, & Xira Ruiz Campillo, Experiments in EU Climate Governance: The Unfulfilled Potential of the Covenant of Mayors
    • Irja Vormedal, Lars H. Gulbrandsen, & Jon Birger Skjærseth, Big Oil and Climate Regulation: Business as Usual or a Changing Business?
    • Daniel Witte, Business for Climate: A Qualitative Comparative Analysis of Policy Support from Transnational Companies

Friday, October 23, 2020

New Issue: International Interactions

The latest issue of International Interactions (Vol. 46, no. 5, 2020) is out. Contents include:
  • Articles
    • Jessica Edry, Shallow commitments may bite deep: domestic politics and flexibility in international cooperation
    • Yooneui Kim & Elizabeth J. Menninga, Competition, Aid, and Violence against Civilians
    • Paulina Pospieszna & Patrick M. Weber, Amplifying and nullifying the impact of democratic sanctions through aid to civil society
    • Clayton Webb, Re-examining the costs of sanctions and sanctions threats using stock market data
    • Andrew Levin, Whitewashing and extortion: why human rights-abusing states participate in UN peacekeeping operations
    • Gary Uzonyi, Group identification, uncertainty, and the duration of genocide and politicide
  • Research Note
    • Paul Winter & Enzo Lenine, Survival of the best fit: modelling nuclear proliferational evidence

Conference: Human Rights and Small States: Challenges, Resilience, and Advocacy

On November 12-13, 2020, Wilmer Cutler Pickering Hale and Dorr LLP, the Institute of Small and Micro States, and the British Institute of International and Comparative Law will host online a conference on "Human Rights and Small States: Challenges, Resilience, and Advocacy." The program is here.

New Issue: Virginia Journal of International Law

The latest issue of the Virginia Journal of International Law (Vol. 60, no. 3, 2020) is out. Contents include:
  • Articles
    • Joseph Blocher, Mitu Gulati & Kim Oosterlinck, King Leopold’s Bonds and the Odious Debts Mystery
    • Rachel Brewster & Andres Ortiz, Never Waste A Crisis: Anticorruption Reforms in South America
    • Arturo J. Carrillo, The Price of Prevention: Anti-Terrorism Pre-Crime Measures and International Human Rights
    • Tally Kritzman-Amir, The Methodology of Immigration Law
    • Scott J. Shackelford, Janine Hiller & Xiao Ma, Unpacking the Rise of Benefit Corporations: A Transatlantic Comparative Case Study

Lecture by UN Legal Counsel Miguel de Serpa Soares

In commemoration of the 75th anniversary of the United Nations, the UN Office of Legal Affairs has posted a lecture by Miguel de Serpa Soares, Under-Secretary-General for Legal Affairs and United Nations Legal Counsel, entitled “Seventy-Five Years of International Law-making at the United Nations.” The lecture is available in English, French, and Spanish. Here's the idea:
This lecture outlines the extraordinary contribution of the United Nations to the development, codification and implementation of international law in branches ranging from the law of treaties to the legal principles governing the protection and preservation of the marine environment, and criminal responsibility for grave violations of international humanitarian law. It pays particular attention to the areas of international law where the work of the United Nations Office of Legal Affairs, established in 1946, has directly contributed. The lecture concludes by looking ahead at the next twenty-five years and addresses some current and future issues where the United Nations can contribute to preserving and strengthening the international legal order.

New Additions to the UN Audiovisual Library of International Law

The Codification Division of the UN Office of Legal Affairs recently added new materials to the UN Audiovisual Library of International Law website. They include a lecture by Leila Nadya Sadat on “Heads of State and Other Officials before the International Criminal Court” and a lecture by Lavanya Rajamani on “The International Climate Change Regime: Evolution and Challenges.”

4th SIEL Conversation: International Dispute Settlement in the Pandemic

The 4th SIEL Conversation, on the topic "International Dispute Settlement in the Pandemic," will take place next Thursday, October 29, 2020. Registration and other details are available here.

Roscini: Intervention in XIXth Century International Law and the Distinction between Rebellions, Insurrections and Civil Wars

Marco Roscini (Univ. of Westminster - Law) has posted Intervention in XIXth Century International Law and the Distinction between Rebellions, Insurrections and Civil Wars (Israel Yearbook on Human Rights, Vol 50, 2020). Here's the abstract:
This article looks at how customary international law rules on intervention developed in the XIXth century. In particular, different forms of internal unrest are examined in order to establish whether they entailed different regimes of external intervention. The article starts with rebellions and insurrections and then moves to discuss civil wars by distinguishing three situations: that where the civil war has led to the de facto secession of part of a State, that where the insurgents have been recognized as belligerents by the government of the State in civil strife and/or by third States, and that of a civil war where no recognition of belligerency has occurred. Finally, the article briefly looks at the alleged existence of a customary rule providing for the recognition of insurgency and at its effects on third State intervention.

Charamba: Hired Guns and Human Rights: Global Governance and Access to Remedies in the Private Military and Security Industry

Kuzi Charamba
has published Hired Guns and Human Rights: Global Governance and Access to Remedies in the Private Military and Security Industry (Edward Elgar Publishing 2020). Here's the abstract:
This innovative book provides an overview and critical assessment of the current avenues and remedies available to victims seeking recourse from private military and security companies (PMSCs) for human rights violations. Kuzi Charamba explores the challenges of regulating PMSCs and the significant jurisprudential and practical difficulties that victims face in attaining recourse from PMSCs, whether through state or non-state, judicial or non-judicial mechanisms. In response to these problems, Charamba proposes the introduction of a new victim-focused grievance structure, based on international arbitration. He argues that this will provide for a more robust, inclusive, and participatory governance system to support the effective operation of a globally administered and locally accessible remedial mechanism. Taking a forward-thinking approach, the book also analyses law making and regulation by non-state actors in a globalized world and offers policy and legislative proposals for the reform of the national security sector.

Thursday, October 22, 2020

Forlati & Franzina: Universal Civil Jurisdiction: Which Way Forward?

Serena Forlati
(Univ. of Ferrara - Law) & Pietro Franzina (Catholic Univ. of the Sacred Heart - Law) have published Universal Civil Jurisdiction: Which Way Forward? (Brill | Nijhoff 2021). The table of contents is here. Here's the abstract::
Enabling the victims of international crimes to obtain reparation is crucial to fighting impunity. In Universal Civil Jurisdiction – Which Way Forward? experts of public and private international law discuss one of the key challenges that victims face, namely access to justice. Civil courts in the country where the crime was committed may be biased, or otherwise unwilling or unable to hear the case. Are the courts of other countries permitted, or required, to rule on the victim’s claim? Trends at the international and the domestic level after the Naït-Liman judgment of the European Court of Human Rights offer a nuanced answer, suggesting that civil jurisdiction is not only concerned with sovereignty, but is also a tool for the governance of global problems.

Wednesday, October 21, 2020

Madsen, Mayoral, Strezhnev, & Voeten: Sovereignty, Substance, and Public Support for European Courts

Mikael Madsen (Univ. of Copenhagen - Law), Juan Mayoral (Univ. of Copenhagen - iCourts), Anton Strezhnev (Harvard Univ. - Government), & Erik Voeten (Georgetown Univ. - School of Foreign Service) have posted Sovereignty, Substance, and Public Support for European Courts. Here's the abstract:
Is the public backlash against European courts driven by substantive concerns over case outcomes, procedural concerns over sovereignty or combinations thereof? We conducted pre-registered survey experiments in Denmark, France, Poland, Spain, and the United Kingdom using three vignettes: a foreigner who faces extradition, a person fighting a fine for burning Qurans, and a home-owner contesting eviction. Each vignette varies whether a European court disagrees with a national court (deference treatment) and whether an applicant wins a case (outcome treatment). We find little evidence that deference moves willingness to implement judgments or acceptance of court authority but ample evidence that case outcomes matter. Even nationalists are unmoved by European court interventionism as long as they agree with the case outcome. These findings imply that international courts cannot resurrect their popularity through deference alone and that backlash to domestic and international courts may be driven by similar forces.

SFDI: Le traité de Versailles. Regards franco-allemands en droit international à l’occasion du centenaire

The Société Française pour le Droit International has published Le traité de Versailles. Regards franco-allemands en droit international à l’occasion du centenaire – The Versailles Treaty: French and German Perspectives in International Law on the Occasion of the Centenary. 11èmes Journées franco-allemandes (Pedone 2020). The table of contents is here.