Wednesday, July 18, 2018
Tuesday, July 17, 2018
Monday, July 16, 2018
- Barrie Sander, Justice as Identity: Unveiling the Mechanics of Legitimation in Domestic Atrocity Trials
- Symposium: The Intention of the Drafters - The ICC at 20
- Mark Klamberg & Göran Sluiter, Foreword
- Mark Klamberg, The Legality of Rebel Courts during Non-International Armed Conflicts
- Suzannah Linton, India and China Before, At, and After Rome
- Megan A. Fairlie, The Unlikely Prospect of Non-adversarial Trials at the International Criminal Court
- Fabricio Guariglia, ‘Admission’ v. ‘Submission’ of Evidence at the International Criminal Court: Lost in Translation?
- Silvia Fernández de Gurmendi, Enhancing the Court’s Efficiency: From the Drafting of the Procedural Provisions by States to their Revision by Judges
- Kimberly Prost, The Surprises of Part 9 of the Rome Statute on International Cooperation and Judicial Assistance
- Göran Sluiter, Enforcing Cooperation: Did the Drafters Approach It the Wrong Way?
- On the Establishment of Courts in Non-international Armed Conflict by Non-state Actors: Stockholm District Court Judgment of 16 February 2017
- Katerina I. Kappos, Current Developments at the International Criminal Court
Friday, July 13, 2018
- Anu Bradford, Stavros Gadinis, & Katerina Linos, Unintended Agency Problems: How International Bureaucracies Are Built and Empowered
- Rachel Brewster & Christine Dryden, Building Multilateral Anticorruption Enforcement: Analogies between International Trade & Anti-Bribery Law
- Ashley Deeks, Statutory International Law
- Aaron D. Simowitz, Legislating Transnational Jurisdiction
- Peter Vincent, Weathering the “Perfect Storm:” Welcoming Refugees While Protecting the United States at Home and Abroad
Thursday, July 12, 2018
International Law as an Instrument
Actors on the international stage use a variety of tools to address their concerns, from climate change to economic development; from humanitarian crises to cross-border disputes; from commercial regulation to global trade. Governments and international organizations employ diplomacy and coercion, corporations use negotiation and persuasion, and non-governmental organizations engage in fact-finding and advocacy. And all of these actors affect and are affected by international law and use the international legal system to effectuate change and solve problems.
The 2019 Annual Meeting of the American Society of International Law (ASIL) will focus on the distinctive ways international law serves as an instrument that national and international actors invoke and deploy, and by which they are constrained. How does international law shape the perceptions of the interests and problems of diverse global actors and help frame solutions? Is international legal language a useful medium for the development and dissemination of globalized norms? Under what conditions is international law most effective? Are international institutions effective instruments for addressing complex global challenges?
At the 2019 Annual Meeting, ASIL invites international lawyers from all sectors of the profession, policymakers, and experts from other fields to reflect on the different ways in which international law plays a role in identifying and resolving global problems.
- Criminal Law, Human Rights, Migration
- Dispute Resolution
- Foreign Relations and National Security Law
- Global Commons
- International Business
- International Peace and Security
Call for Session Proposals
To suggest a session to the Committee, please complete the form below by no later than July 16, 2018.
- Peter Quayle & Xuan Gao, Introduction: Good Governance and Modern International Financial Institutions
- Part I: The Governance Role of the Boards of International Financial Institutions
- Stilpon Nestor, Board Effectiveness in International Financial Institutions: A Comparative Perspective on the Effectiveness Drivers in Constituency Boards
- Marie-Anne Birken & Gian Piero Cigna, Gender Diversity on Boards: A Cause for Multilateral Organizations
- Whitney Debevoise, International Financial Institution Governance: The Role of Shareholders
- Part II: The Governance Basis of International Financial Institutions
- Yan Liu, The Rule of Law in the International Monetary Fund: Past, Present and Future
- Natalie Lichtenstein, Governance of the Asian Infrastructure Investment Bank in Comparative Context
- Joan S. Powers, The Evolving Jurisprudence of the International Administrative Tribunals: Convergence or Divergence?
- Part III: The Governance Vocation of International Financial Institutions
- Catherine Weaver, Open Data for Development: The World Bank, Aid Transparency, and the Good Governance of International Financial Institutions
- Yifeng Chen, The Making of Global Public Authorities: The Role of IFIs in Setting International Labor Standards
- Pascale Hélène Dubois, J. David Fielder, Robert Delonis, Frank Fariello & Kathleen Peters, The World Bank’s Sanctions System: Using Debarment to Combat Fraud and Corruption in International Development
- 2017 AIIB Law Lecture
- Miguel de Serpa Soares, The Necessity of Cooperation between International Organizations
Wednesday, July 11, 2018
- Alexander Murray, Terrorist or Armed Opposition Group Fighter? The Experience of UK Courts and the Implications for Public International Law
- Kerstin Braun, ‘Home, Sweet Home’: Managing Returning Foreign Terrorist Fighters in Germany, The United Kingdom and Australia
- Jakub Czepek, The Application of the Pilot Judgment Procedure and Other Forms of Handling Large-Scale Dysfunctions in the Case Law of the European Court of Human Rights
- Cedric Ryngaert, EU Trade Agreements and Human Rights: From Extraterritorial to Territorial Obligations
Confronting recalcitrant and even hostile governments is nothing new for international human rights courts, treaty bodies, and other monitoring mechanisms. Yet there is a growing sense that the recent turn to populism in several countries poses a new type of threat that international human rights law (IHRL) institutions are ill equipped to meet. The concerns range in scope and intensity—from criticisms of specific rulings or legal doctrines, to predictions of backlash against particular courts or review bodies, to warnings that major sections of the institutional edifice of IHRL are in danger of collapse.
Part 1 of this essay identifies several facilitating conditions that have, until recently, supported IHRL institutions. Part 2 considers several distinctive challenges that populism poses to those institutions. Part 3 identifies a range of legal and political tools that might be deployed to address those challenges and explores their efficacy and potential risks. Part 4 concludes that IHRL institutions should adopt survival strategies for the age of populism and it preliminarily sketches what those strategies might look like.
- Cherie Blair, Ema Vidak-Gojkovic, & Marie-Anaïs Meudic-Role, The Medium Is the Message: Establishing a System of Business and Human Rights Through Contract Law and Arbitration
- Paul Lefebvre & Dirk De Meulemeester, The New York Convention: An Autopsy of Its Structure and Modus Operandi
- Tamás Szabados, EU Economic Sanctions in Arbitration
- Stepan Puchkov, Psycholawgy: What Dispute Resolution Practitioners Overlook?
- Michael Kotrly & Barry Mansfield, Recent Developments in International Arbitration in England and Ireland
Tuesday, July 10, 2018
Drawing on the practice-turn in constructivism and in international relations (IR) theory more generally, our interactional law framework provides a counterpoint to the largely static accounts of international law that still prevail in the interdisciplinary literature. We argue that a particular approach to managing stability and change is inherent in, and indeed characteristic of, legality and the rule of law in international as in domestic law. Therefore, to get at law’s distinctiveness, and to understand the specifically legal interplay between stability and change, one must examine law’s internal structure. Furthermore, legality must actually be practiced. For example, the conclusion of a treaty is often just the beginning of a long law-building process – the document alone ensures neither stability nor change in law. Finally, a focus on internal traits and practices of legality allows full consideration of the formal sources of international law as well as the so-called soft norms that are shaping international interaction involving an ever-wider range of actors.
Our “interactional law” framework places particular emphasis on what we call the “practice of legality.” We argue that this concept is central to understanding how law can both enable and constrain state actions, and why international law is a distinctive language of justification and contestation. In turn, the focus on stability and change is helpful because it directly confronts some of the persistent doubts and assumptions about international law, in particular in relation to international politics. Our work is animated by the intuition that the dominant views in IR and international law scholarship underestimate international law’s capacity to mediate stability and change, in part because they focus on the surface of law (treaties, statutes etc.) and external factors (interests, enforcement). They neglect the deeper structure of what makes norms law, and the distinctive practices that account for its relative stability and its capacity for change.
The concern over rising state violence, above all in Latin America, triggered an unprecedented turn to a global politics of human rights in the 1970s. Patrick William Kelly argues that Latin America played the most pivotal role in these sweeping changes, for it was both the target of human rights advocacy and the site of a series of significant developments for regional and global human rights politics. Drawing on case studies of Brazil, Chile, and Argentina, Kelly examines the crystallization of new understandings of sovereignty and social activism based on individual human rights. Activists and politicians articulated a new practice of human rights that blurred the borders of the nation-state to endow an individual with a set of rights protected by international law. Yet the rights revolution came at a cost: the Marxist critique of US imperialism and global capitalism was slowly supplanted by the minimalist plea not to be tortured.
- Vipin Narang & Caitlin Talmadge, Civil-military Pathologies and Defeat in War: Tests Using New Data
- Clayton Thyne, Jonathan Powell, Sarah Parrott, & Emily VanMeter, Even Generals Need Friends: How Domestic and International Reactions to Coups Influence Regime Survival
- Erica De Bruin, Preventing Coups d’état: How Counterbalancing Works
- Sabine Otto, The Grass Is Always Greener? Armed Group Side Switching in Civil Wars
- Arthur Silve, Asset Complementarity, Resource Shocks, and the Political Economy of Property Rights
- Darin Christensen, The Geography of Repression in Africa
- Andrew M. Linke, Frank D. W. Witmer, John O’Loughlin, J. Terrence McCabe, & Jaroslav Tir, Drought, Local Institutional Contexts, and Support for Violence in Kenya
- Francesco N. Moro & Salvatore Sberna, Transferring Violence? Mafia Killings in Nontraditional Areas: Evidence from Italy
- Thijs Etty, Veerle Heyvaert, Cinnamon Carlarne, Dan Farber, Bruce Huber, & Josephine van Zeben, Transnational Climate Law
- Yulia Yamineva & Kati Kulovesi, Keeping the Arctic White: The Legal and Governance Landscape for Reducing Short-Lived Climate Pollutants in the Arctic Region
- Kyla Tienhaara, Regulatory Chill in a Warming World: The Threat to Climate Policy Posed by Investor-State Dispute Settlement
- Benoit Mayer, International Law Obligations Arising in relation to Nationally Determined Contributions
- María Eugenia Recio, Transnational REDD+Rule Making: The Regulatory Landscape for REDD+ Implementation in Latin America
- Jonathan Verschuuren, Towards an EU Regulatory Framework for Climate-Smart Agriculture: The Example of Soil Carbon Sequestration
- Phillipa C. McCormack, Conservation Introductions for Biodiversity Adaptation under Climate Change
- Xiangbai He, Legal and Policy Pathways of Climate Change Adaptation: Comparative Analysis of the Adaptation Practices in the United States, Australia and China
- The Law and Armed Conflict
- Sharon Afek, We’re Not in Beersheba Anymore: Discussing Contemporary Challenges in the Law of Armed Conflict with 120 International Lawyers
- Yoram Dinstein, Keynote Address: The Recent Evolution of the International Law of Armed Conflict: Confusions, Constraints, and Challenges
- Knut Dormann, The Role of Nonstate Entities in Developing and Promoting International Humanitarian Law
- Michael Wood, The Evolution and Identification of the Customary International Law of Armed Conflict
- Nitsan Alon, Operational Challenges in Ground Operations in Urban Areas: An IDF Perspective
- Geoffrey S. Corn, Humanitarian Regulation of Hostilities: The Decisive Element of Context
- Michael W. Meier & James T. Hill, Targeting, the Law of War, and the Uniform Code of Military Justice
- Noam Neuman, Challenges in the Interpretation and Application of the Principle of Distinction During Ground Operations in Urban Areas
- Emanuela-Chiara Gillard, Some Reflections on the “Incidental Harm” Side of Proportionality Assessments
- Ian Henderson & Kate Reece, Proportionality under International Humanitarian Law: The “Reasonable Military Commander” Standard and Reverberating Effects
- Roni Katzir, Four Comments on the Application of Proportionality under the Law of Armed Conflict
- Michael A. Newton, Reframing the Proportionality Principle
- Gloria Gaggioli, Targeting Individuals Belonging to an Armed Group
- Charles J. Dunlap, Jr., Targeting of Persons: The Contemporary Challenges
- R. Patrick Huston, A Practical Perspective on Attacking Armed Groups
- Agnieszka Jachec-Neale, Targeting State and Political Leadership in Armed Conflicts
- Eran Shamir-Borer, Fight, Forge, and Fund: Three Select Issues on Targeting of Person
- Joseph Blocher & MItu Gulati, Puerto Rico and the Right of Accession
- Lea Brilmayer, Understanding "IMCCs": Compensation and Closure in the Formation and Function of International Mass Claims Commissions
- Kathleen Claussen, Separation of Trade Law Powers
- Yueh-Ping (Alex) Yang & Pin-Hsien (Peggy) Lee, State Capitalism, State-Owned Banks, and WTO's Subsidy Regime: Proposing an Institution Theory
- Michael Viets, Piracy in an Ocean of Stars: Proposing a Term to Identify the Practice of Unauthorized Control of Nations' Space Objects
- Lawrence M. Friedman, On Planetary Law Arthur J. Cockfield, Shaping International Tax Law and Policy in Challenging Times
- Philippe Cullet, Policy as Law: Lessons from Sanitation Interventions in Rural India
- Marta Poblet & Jonathan Kolieb, Responding to Human Rights Abuses in the Digital Era: New Tools, Old Challenges
Monday, July 9, 2018
Can fiction fan the spark of hope in Martti Koskenniemi’s critical international law writings? In the course of a critical reading of Wouter Werner, Marieke de Hoon, & Alexis Galán, The Law of International Lawyers: Reading Martti Koskenniemi (Cambridge University Press, 2017), this review article argues against the hermeneutics of suspicion and for a more reparative approach to doing international law critically. Drawing on work in Literary Studies, it identifies the limiting effects suspicion can have on critique and suggests that fiction offers a way of grounding abstract concepts and thinking about their complications and implications. It illustrates this technique by reading one of Koskenniemi’s theoretical protagonists, dubbed the “critical professional” by Sahib Singh, alongside the trope of the maverick cop in TV police procedurals, with special reference to The Wire.
- Volume 390
- A.S. Rau, The Allocation of Power between Arbitral Tribunals and State Courts
- J Ann Tickner & Jacqui True, A Century of International Relations Feminism: From World War I Women's Peace Pragmatism to the Women, Peace and Security Agenda
- Joseph MacKay & Christopher David LaRoche, Why Is There No Reactionary International Theory?
- Peter Marcus Kristensen, International Relations at the End: A Sociological Autopsy
- Joshua Tschantret, Cleansing the Caliphate: Insurgent Violence against Sexual Minorities
- Ore Koren & Anoop K Sarbahi, State Capacity, Insurgency, and Civil War: A Disaggregated Analysis
- Christopher McIntosh & Ian Storey, Between Acquisition and Use: Assessing the Likelihood of Nuclear Terrorism
- Charles Crabtree, Holger L Kern, & Steven Pfaff, Mass Media and the Diffusion of Collective Action in Authoritarian Regimes: The June 1953 East German Uprising
- Holger Albrecht & Ferdinand Eibl, How to Keep Officers in the Barracks: Causes, Agents, and Types of Military Coups
- Leonardo Baccini, Andreas Dür, & Manfred Elsig, Intra-Industry Trade, Global Value Chains, and Preferential Tariff Liberalization
- Joseph Wright & Boliang Zhu, Monopoly Rents and Foreign Direct Investment in Fixed Assets
- Elena V McLean & Mitchell T Radtke, Political Relations, Leader Stability, and Economic Coercion I
- Ziv Rubinovitz & Elai Rettig, Crude Peace: The Role of Oil Trade in the Israeli-Egyptian Peace Negotiations
- Gerasimos Tsourapas, Labor Migrants as Political Leverage: Migration Interdependence and Coercion in the Mediterranean
- Connor Huff & Robert Schub, The Intertemporal Tradeoff in Mobilizing Support for War
- Jeffrey A Friedman, Joshua D Baker, Barbara A Mellers, Philip E Tetlock, & Richard Zeckhauser, The Value of Precision in Probability Assessment: Evidence from a Large-Scale Geopolitical Forecasting Tournament
- Sarah K Dreier, Resisting Rights to Renounce Imperialism: East African Churches’ Strategic Symbolic Resistance to LGBTQ Inclusion
- Faradj Koliev & James H Lebovic, Selecting for Shame: The Monitoring of Workers’ Rights by the International Labour Organization, 1989 to 2011
- Richard A I Johnson & Spencer L Willardson, Human Rights and Democratic Arms Transfers: Rhetoric Versus Reality with Different Types of Major Weapon Systems
L'enfant - le mineur - est souvent présenté comme source de risques. Mais a-t-il des droits ? Peut-il engager sa responsabilité civile, pénale, disciplinaire ? Peut-il s'exprimer et porter plainte ? Que savons-nous du statut fait aux enfants en France et que savent-ils de leurs droits ? Ce jeu de questions-réponses entend répondre aux principales interrogations sur le statut des enfants de France.
Wittke: The Bush Doctrine Revisited: Eine Untersuchung der Auswirkungen der Bush-Doktrin auf das geltende Völkerrecht
Die Bush-Doktrin war seit ihrer Veröffentlichung als US-amerikanische Sicherheitsstrategie nach dem 11. September 2001 völkerrechtlich umstritten. Mehr als ein Jahrzehnt später geht diese Arbeit der Frage nach, ob die Bush-Doktrin zu einem Wandel des Völkerrechts geführt hat. Einzelne Elemente der Bush-Doktrin – wie ihr Anspruch auf präemptive Selbstverteidigung und neue Zurechnungskriterien bei Gewaltausübungen von privaten Akteuren – gehörten nicht zum damals geltenden Völkerrecht. Bei ihrer Untersuchung der Staatenpraxis vor und nach dem 11. September 2001 weist die Autorin auch nach, dass die Bush-Doktrin nicht als „Erfindung“ der Bush-Administration gelten kann, sondern dass auch andere US-Administrationen und weitere Staaten ähnliche Argumente verwendet haben.
The Bush Doctrine has been highly contested in international law ever since it was implemented as the US’s National Security Strategy after 11th September, 2001. More than a decade later, this book explores whether the Bush Doctrine has led to a change in international law. Certain elements of the Bush Doctrine, like its claim to both pre-emptive self-defence and self-defence against states who harbour terrorists, stretch far beyond the traditional scope of the right to self-defence. Moreover, examining state practice before and after 9/11, the author comes to the conclusion that the Bush Doctrine is not an ‘invention’ of the Bush administration, as other US administrations and states have used the same arguments.
This paper analyses the functions performed by the WTO’s Dispute Settlement Body (DSB), that is, the diplomatic body, consisting of representatives of all WTO members, which administers the dispute settlement system, including by establishing panels, adopting panel and Appellate Body reports, monitoring implementation of rulings, and authorising the suspension of concessions. Of course, because the reverse consensus rule applies to these decisions, their outcome is in practice a foregone conclusion. However, it would be wrong for this reason to treat the DSB as a formality, not worthy of further analysis. Instead, this paper suggests that having the DSB may serve a number of important functions within the wider legal and political processes of the WTO. Specifically, the paper focuses on three functions performed by the DSB. First, the paper analyses the DSB’s role as a crucial ‘voice’ mechanism which provides WTO members with a centralized forum for expressing (dis)satisfaction with the performance of adjudicators. This section draws on the framework of ‘exit, voice and loyalty’, originally developed by Hirschman as a way of conceptualizing member dissatisfaction with an organization’s performance. This section analyses the two most striking episodes of the DSB operating as a voice mechanism in the WTO’s history: the widespread member backlash over amicus curiae briefs a generation ago, and the United States’ blocking of Appellate Body (re)appointments from 2016 to present. Second, the paper considers the DSB’s compliance-monitoring function. On its face, this is a key respect in which WTO dispute settlement differs from many international courts and tribunals, where there is often no centralized mechanism for monitoring post-judgment compliance. Third, the paper analyses the DSB’s function as a mechanism for socializing members into the complex field of WTO dispute settlement, alongside other avenues for learning such as third party participation in disputes.