Friday, March 31, 2023

New Issue: Transnational Environmental Law

The latest issue of Transnational Environmental Law (Vol. 12, no. 1, March 2023) is out. Contents include:
  • Editorial
    • Thijs Etty, Josephine van Zeben, Cinnamon Carlarne, Leslie-Anne Duvic-Paoli, Bruce Huber, & Leonie Reins, ‘This Battle is Hard and Huge’: Intractable Problems in Transnational Environmental Law
  • Articles
    • Benoit Mayer & Zhuoqi Ding, Climate Change Mitigation in the Aviation Sector: A Critical Overview of National and International Initiatives
    • Alexander Zahar, Agricultural Exceptionalism in the Climate Change Treaties
    • Andreas Kotsakis & Avi Boukli, Transversal Harm, Regulation, and the Tolerance of Oil Disasters
    • Violetta Ritz, Towards a Methodology for Specifying States’ Mitigation Obligations in Line with the Equity Principle and Best Available Science
    • Daniel Bertram, ‘For You Will (Still) Be Here Tomorrow’: The Many Lives of Intergenerational Equity
    • Rebecca Nelson & L.M. Shirley, The Latent Potential of Cumulative Effects Concepts in National and International Environmental Impact Assessment Regimes
    • Uzuazo Etemire, Public Voices and Environmental Decisions: The Escazú Agreement in Comparative Perspective
    • Giulia Claudia Leonelli, The Glyphosate Saga Continues: ‘Dissenting’ Member States and the European Way Forward

Thursday, March 30, 2023

Brink & Orden: Agricultural Domestic Support Under the WTO Experience and Prospects

Lars Brink
& David Orden have published Agricultural Domestic Support Under the WTO Experience and Prospects (Cambridge Univ. Press 2023). Here's the abstract:
The WTO Agreement on Agriculture subjects different groups of developed and developing countries to different limits on domestic support and allows various exemptions from these limits. Offering a comprehensive assessment of the Agreement's rules and implementation, this book develops guidance toward socially desirable support policies. Although dispute settlement has clarified interpretation of the Agriculture and SCM Agreements, gaps remain between the legal disciplines and the economic effects of support. Considering the Agriculture Agreement also in the context of today's priorities of sustainability and climate change mitigation, Lars Brink and David Orden build a strategy that aligns the rules and members' commitments with the economic impacts of agricultural support measures. While providing in-depth analysis of the existing rules, their shortcomings and the limited scope of ongoing negotiations, the authors take a long-term view, where policies directed toward evolving priorities in agriculture are compatible with strengthened rules that reduce trade and production distortions.

New Issue: Business and Human Rights Journal

The latest issue of the Business and Human Rights Journal (Vol. 8, no. 1, February 2023) is out. Contents include:
  • Articles
    • Lise Smit, Claire Bright, & Stuart Neely, Muddying the Waters: The Concept of a ‘Safe Harbour’ in Understanding Human Rights Due Diligence
    • Debadatta Bose, Decentring Narratives around Business and Human Rights Instruments: An Example of the French Devoir de Vigilance Law
    • James Harrison & Mark Wielga, Grievance Mechanisms in Multi-Stakeholder Initiatives: Providing Effective Remedy for Human Rights Violations?
    • Akinwumi Ogunranti, Localizing the UNGPs – An Afrocentric Approach to Interpreting Pillar II
  • Developments in the Field
    • Gerardo Reyes Chavez, Awareness, Analysis and Action: A Rights Holder Perspective on Building the Fair Food Movement and the Way Forward for Worker-Driven Social Responsibility
    • Daniel Litwin, Business Impacts on Economic Inequality: An Agenda for Defining Related Human Rights Impacts and Economic Inequality Due Diligence
    • Bart-Jaap Verbeek, The Modernization of the Energy Charter Treaty: Fulfilled or Broken Promises?
    • Masaki Iwasaki, Whistleblowers as Defenders of Human Rights: The Whistleblower Protection Act in Japan
    • Anouska Perram & Norman Jiwan, Human Rights Violations Connected with Deforestation – Emerging and Diverging Approaches to Human Rights Due Diligence
    • Jordi Vives-Gabriel & Hugo van der Merwe, Remedy and Accountability a Decade after the Marikana Massacre

Call for Participation: UN Treaty Body Human Rights Case Law Reporters (Oxford Reports on UN Human Rights Law)

Oxford University Press and the editors of the Oxford Reports on UN Human Rights Law have issued a call for UN Treaty Body Human Rights Case Law Reporters. Here's the call.

New Issue: International Legal Materials

The latest issue of International Legal Materials (Vol. 62, no. 2, April 2023) is out. Contents include:
  • Arm. v. Azer., Azer. v. Arm., & Ukr. v. Russ. (Orders on Provisional Measures) (I.C.J.), with introductory note by Eva Rieter
  • Resolution 42/21 (U.N.H.R. Council), with introductory note by Philip C. Aka
  • G.A. Res. 76/262 on a Standing Mandate for a General Assembly debate when aveto is cast in the Security Council (U.N.), with introductory note by Pablo Arrocha Olabuenaga
  • Ministerial Decision on the Trips Agreement (WTO), with introductory note by Ana Santos Rutschman
  • Documents on Russia's Exclusion from Council Eur. & U.N.H.R.C., with introductory note by James L. Bischoff
  • Case C-561/20 Q v. United Airlines, Inc. (C.J.E.U.), with introductory note by Ioanna Hadjiyianni
  • Climate Justice for Future Generations (Order of the First Senate) (BVerfG), with introductory note by Stefan Kirchner

New Issue: Transnational Legal Theory

The latest issue of Transnational Legal Theory (Vol. 13, no. 4, 2022) is out. Contents include:
  • Frédéric Mégret & Moushita Dutta, Transnational discrimination: the case of casteism and the Indian diaspora
  • Enrico Partiti, Stephanie Bijlmakers & Panagiotis Delimatsis, Evolutionary dynamics of transnational private regulation
  • Lys Kulamadayil, Placed in between: the natural environment in international law
  • Anna Saunders, Law after dominium: thinking with Martti Koskenniemi on property, sovereignty and transformation

New Issue: Global Governance: A Review of Multilateralism and International Institutions

The latest issue of Global Governance: A Review of Multilateralism and International Institutions (Vol. 29, no. 1, January-March 2023) is out. Contents include:
  • Lise Grande, Protecting Civilians from Injury, Destruction, and Death during War and Conflict
  • Julia Leib, Of Peacekeepers and Pandemics: How Covid-19 Changed Strategic Communication of the UN Mission in South Sudan
  • Ricardo Martinez, City Governments as Political Actors of Global Governance: The (Winding) Road of UCLG Toward Multilateral Recognition
  • Susan Park, The African Development Bank and the Accountability Policy Norm: Endogenous Change, Norm Conformance, and the Development Finance Regime Complex
  • Zhongzhou Peng, A Partnership Centered on Norm Adoption: The EBRD-AIIB Collaboration on the Dushanbe-Uzbekistan Border Road Improvement Project

Special Issue: Activists in International Court

The latest issue of the Law & Society Review (Vol. 57, no. 1, March 2023) focuses on "Activists in International Court." Contents include:
  • Special Issue: Activists in International Court
    • Freek van der Vet & Lisa McIntosh Sundstrom, Activists in international courts: Backlash, funding, and strategy in international legal mobilization
    • Heidi Nichols Haddad & Lisa McIntosh Sundstrom, Foreign agents or agents of justice? Private foundations, backlash against non-governmental organizations, and international human rights litigation
    • Nicole De Silva & Misha Ariana Plagis, NGOs, international courts, and state backlash against human rights accountability: Evidence from NGO mobilization against Tanzania at the African Court on Human and Peoples' Rights
    • Filiz Kahraman, What makes an international institution work for labor activists? Shaping international law through strategic litigation
    • Annett Bochmann, Pluralism and local law in extraterritorial spaces
    • Joanna Dreby & Eric Macias, The aftermath of enforcement episodes for the children of immigrants

Wednesday, March 29, 2023

Choudhury: The UN Guiding Principles on Business and Human Rights: A Commentary

Barnali Choudhury
(York Univ. - Law) has published The UN Guiding Principles on Business and Human Rights: A Commentary (Edward Elgar Publishing 2023). Here's the abstract:
This comprehensive Commentary provides an in-depth analysis of each of the 31 UN Guiding Principles on Business and Human Rights, as well as the 10 Principles for Responsible Contracts. It engages in both a legal and contextual examination of the Principles alongside their application to real world practices at both the domestic and international levels.

New Issue: African Journal of International and Comparative Law

The latest issue of the African Journal of International and Comparative Law (Vol. 31, no. 1, February 2023) is out. Contents include:
  • Kuel Jok, Violation of the Constitutional Law and International Provisions in the Dismissal of Justices and Judges from South Sudan Judicial Pillar
  • P. Subai & Appi K. Stephen, Between the Private Company and the LLP: Deciphering a Path for Small Businesses in Nigeria
  • Francisca Kusi-Appiah, Sustainable Natural Resource Governance in Ghana: An Appraisal of Legal Provisions on Public Participation and Accountability
  • Imed Eddine Bekhouche, Asmar binti Abdul Rahim & Aida binti Abdul Razak, Comparison of South African and Tunisian Franchising Laws Regarding Disclosure and their Implications for Algeria
  • Paul Nkoane, A Clean Swipe: Assessing the Vulnerability of South Africa and Nigeria to Money Laundering Committed with Prepaid Cards
  • Nana Charles Nguindip, Combatting Domestic Violence under International Law: Assessing the Various Legal Inconsistencies Frustrating the Protection of Women's Rights in Cameroon
  • Judith N. Onwubiko, The Biafran Self-Determination Question: Challenges and Prospects

Tuesday, March 28, 2023

New Issue: Review of International Studies

The latest issue of the Review of International Studies (Vol. 49, no. 2, April 2023) is out. Contents include:
  • Special Issue: Multispecies International Politics
    • Matthew Leep, Introduction to the Special Issue: Multispecies security and personhood
    • Anthony Burke, Interspecies cosmopolitanism: Non-human power and the grounds of world order in the Anthropocene
    • Stefanie R. Fishel, The global tree: Forests and the possibility of a multispecies IR
    • Rafi Youatt, Interspecies politics and the global rat: Ecology, extermination, experiment
    • Matthew Leep, Toxic entanglements: Multispecies politics, white phosphorus, and the Iraq War in Alaska
    • Geoffrey Whitehall, ‘When They Fight Back’: A cinematic archive of animal resistance and world wars
    • Gitte du Plessis, Destructive plasticity and the microbial geopolitics of childhood malnutrition
    • Joana Castro Pereira & Maria Fernanda Gebara, Where the material and the symbolic intertwine: Making sense of the Amazon in the Anthropocene

Giannakopoulos: Manifestations of Coherence and Investor-State Arbitration

Charalampos Giannakopoulos
(National Univ. of Singapore) has published Manifestations of Coherence and Investor-State Arbitration (Cambridge Univ. Press 2023). Here's the abstract:
Coherence is highly valued in law. It is especially sought after in investor-state dispute settlement, where charges of incoherence in arbitral awards have long been raised by states and scholars. Yet coherence is a largely underexplored notion in international law. Often, it is treated as a mere ideal to strive towards or simply as a different way to describe the legal consistency of judicial outcomes. This book takes a different approach. It sees coherence as an independent concept having two dimensions: a substantive and a methodological one. Both are critically important for legal reasoning by international courts and tribunals, including by investor-state tribunals, and the book illustrates through several case studies some of the ways this conclusion is borne out in practice. A fuller understanding of coherence in international law has implications for our understanding of the concept of law, the practice of legal reasoning, and judicial professional ethics.

AJIL Unbound Symposium: Race, Racism, and International Law

AJIL Unbound has posted a symposium on “Race, Racism, and International Law.” The symposium includes an introduction by E. Tendayi Achiume and James Thuo Gathii and contributions by Henry J. Richardson III, Darin E. W. Johnson and Catherine Powell, Natsu Taylor Saito, Sarah Riley Case, Robert Knox, James Thuo Gathii, Vasuki Nesiah, Christopher Gevers, Noura Erakat, Darryl Li, and John Reynolds, E. Tendayi Achiume and Gay McDougall, and Matiangai Sirleaf.

Paiva Toledo & Lima: Comentário Brasileiro à Declaração do Rio sobre Meio Ambiente e Desenvolvimento

André de Paiva Toledo
& Lucas Carlos Lima have published Comentário Brasileiro à Declaração do Rio sobre Meio Ambiente e Desenvolvimento (D’Plácido 2023). Here's the abstract:
Ao celebrar o 30º aniversário da adoção da Declaração do Rio sobre Meio Ambiente e Desenvolvimento, autores reuniram-se para oferecer à comunidade acadêmica e profissional esta obra inédita. O protagonismo do Brasil, quando da organização e realização da segunda Conferência das Nações Unidas dedicada à proteção ambiental e diante dos desafios ecológicos contemporâneos, motivou os organizadores a publicar o livro, integralmente, em língua portuguesa, traduzindo os capítulos redigidos em outro idioma. Trata-se assim de um “comentário brasileiro” ao instrumento jurídico internacional, consistindo em capítulos sobre o preâmbulo, cada um dos 27 princípios e temas conexos de importância para a discussão, de autoria de juristas vindos de diversas partes do planeta.

Monday, March 27, 2023

New Issue: Transnational Criminal Law Review

The latest issue of the Transnational Criminal Law Review (Vol. 1, no. 2, 2022) is out. Contents include:
  • Articles
    • Roger Clark, The Concept of International Criminal Law and Its Relationship With Transnational Criminal Law and Conflict of Laws
    • Robert J Currie, Admissibility of Hearsay Gathered Under MLAT: A Tempest in Canada
    • Mohamed Elewa Badar & Noelle Higgins, The Challenges of Addressing Transnational Organized Maritime Crimes: A Review of Current Law and Practice in Djibouti
  • Notes and Comments
    • Richard Burchill, Counter-Terrorism Update
  • Regional Updates
    • Chat Nguyen, Regional Report: Southeast Asia/China/Pacific

Sunday, March 26, 2023

Call for Papers: ESIL Annual Meeting Interest Group Workshops

In the context of the 18th ESIL Annual Conference in Aix-en-Provence, ESIL Interest Groups are organzing workshops for August 30 and 31, 2023. The calls for papers are here.

Call for Contributions: Reforms at United Nations

A call for contributions has been issued for a book on "Reforms at United Nations," to be edited by Vesselin Popovski (Jindal Global Law School) and Pawan Kumar (Bennett Univ. - Law). The call is here.

Kassoti & Idriz: The Principle of Solidarity - International and EU Law Perspectives

Eva Kassoti
(T.M.C. Asser Institute) & Narin Idriz (T.M.C. Asser Institute) have published The Principle of Solidarity - International and EU Law Perspectives (Asser Press 2023). The table of contents is here. Here's the abstract:

This edited volume explores the principle of solidarity in international and EU law. Although the concept is regularly invoked in international and EU legal and policy debates alike, its meaning, nature and functions, as well as normative contours still remain nebulous.

The contributions in this volume reflect on the legal trajectory of solidarity in international and EU law and offer unique insights into the evolution and status of the principle in different fields of international and EU law. By doing so, the book also serves as a springboard for answering broader questions pertaining to what the stage of development of this principle may imply for the two legal orders and their interaction.

As the chapters of this book show, the debate on solidarity is premised on conflicting visions regarding the values underpinning the international legal order as well as the self-interest or community-oriented driving forces behind States’ action at the international level. The regional (EU law) perspective offers a new lens through which to revisit classic questions pertaining to the nature of modern international law and to assess its continuing relevance in a world of regional organizations presenting different visions (and levels) of co-operation.

New Additions to the UN Audiovisual Library of International Law

The Codification Division of the UN Office of Legal Affairs recently added the following materials to the UN Audiovisual Library of International Law: a lecture on State Silence in International Law by Danae Azaria; a resources page for the 2023 editions of the Jean-Pictet Competition; a lecture on The Role of Nuclear Law in the Use of Atomic Energy for Peace and Development by Peri Johnson; an Introductory Note on the Convention on the Rights of Persons with Disabilities, New York, 13 December 2006 by Michael Ashley Stein and Janet E. Lord.

The Audiovisual Library of International Law is also available as a podcast on SoundCloud and can also be accessed through the relevant preinstalled applications on Apple or Google devices, or through the podcast application of your preference by searching “Audiovisual Library of International Law.”

New Issue: GlobaLex

The latest issue of GlobaLex (January/February 2023) includes:

Special Issue: The Resurgence of the State as an Economic Actor-International Trade Law and State Intervention in the Economy in the Covid Era

The latest issue of the German Law Journal (Vol. 24, no. 1, February 2023) focuses on "The Resurgence of the State as an Economic Actor-International Trade Law and State Intervention in the Economy in the Covid Era." Contents include:
  • Special Issue: The Resurgence of the State as an Economic Actor-International Trade Law and State Intervention in the Economy in the Covid Era
    • Leonardo Borlini, Economic Interventionism and International Trade Law in the Covid Era
    • Giorgio Sacerdoti & Leonardo Borlini, Systemic Changes in the Politicization of the International Trade Relations and the Decline of the Multilateral Trading System
    • Anne Orford, How to Think About the Battle for the State at the WTO
    • Leonardo Borlini, The Covid 19 Exogenous Shock and the Crafting of New Multilateral Trade Rules on Subsidies and State Enterprises in the Post-Pandemic World
    • Thomas J. Schoenbaum, The Biden Administration’s Trade Policy: Promise and Reality
    • Ming Du, Unpacking the Black Box of China’s State Capitalism
    • Nerina Boschiero & Stefano Silingardi, The EU Trade Agenda—Rules on State Intervention in the Market
    • Aya Iino, Disciplining Subsidies Through Free Trade Agreements (FTAs): Emerging Developments in Japan’s FTAs and Their Implications
    • Regis Y. Simo, Special Economic Zones in an Era of Multilateralism Decadence and Struggles for Post-Pandemic Economic Recovery: Perspectives from the Global South
    • Petros C. Mavroidis & André Sapir, China in the WTO Twenty Years On: How to Mend a Broken Relationship?
    • Mitsuo Matsushita, Interplay of Competition Law and Free Trade Agreements in Regulating State-Owned Enterprises
    • Eleanor M. Fox, Blind Spot: Trade and Competition Law—the Space Between the Silos

Saturday, March 25, 2023

New Issue: Global Constitutionalism

The latest issue of Global Constitutionalism (Vol. 12, no. 1, March 2023) is out. Contents include:
  • Susan Kang, Jonathan Havercroft, Jacob Eisler, Antje Wiener, & Jo Shaw, Climate change and the challenge to liberalism
  • Clemens M Rieder, The social question and the transnational constitutional space
  • Eman Muhammad Rashwan, The ugly truth behind transitional justice in the post-revolution phase: A constitutional law and economics analysis
  • Alain Zysset, International crimes through the lens of global constitutionalism
  • Alon Harel & Adam Shinar, Two concepts of constitutional legitimacy
  • Michael Da Silva, Legal doctrine as human rights ‘practice’
  • Kelty McKerracher, Relational legal pluralism and Indigenous legal orders in Canada
  • Aspirational and representative constitutional identity in Africa Jan Erk
  • Lilach Litor, Collective labour rights of police officers: Global labour constitutionalism and militaristic labour constitutionalism

New Issue: Journal of Conflict Resolution

The latest issue of the Journal of Conflict Resolution (Vol. 67, no. 4, April 2023) is out. Contents include:
  • Articles
    • Keren Yarhi-Milo & David T. Ribar, Who Punishes Leaders for Lying About the Use of Force? Evaluating The Microfoundations of Domestic Deception Costs
    • Janina Dill, Scott D. Sagan, & Benjamin Valentino, Inconstant Care: Public Attitudes Towards Force Protection and Civilian Casualties in the United States, United Kingdom, and Israel
    • Jesse C Johnson & Scott Wolford, Alliance Reliability and Dispute Escalation
    • Virginia Page Fortna, Is Terrorism Really a Weapon of the Weak? Debunking the Conventional Wisdom
    • Pearce Edwards & Patrick Pierson, Incumbent-Aligned Terrorism and Voting Behavior: Evidence from Argentina’s 1973 Elections
    • Camilo Nieto-Matiz, Land and State Capacity During Civil Wars: How Land-Based Coalitions Undermine Property Taxation in Colombia
    • Jori Breslawski, Can Rebels Bolster Trust in the Government? Evidence from the Philippines
  • Data Set Feature
    • Sidita Kushi & Monica Duffy Toft, Introducing the Military Intervention Project: A New Dataset on US Military Interventions, 1776–2019

Call for Papers: Persistent imbalances in international trade and the prospects for sustainable development: Focus on the developing countries

A call for papers has been issued for a conference on "Persistent imbalances in international trade and the prospects for sustainable development: Focus on the developing countries," to be held June 30-July 1, 2023, at the University of Ljubljana. The call is here.

Dothan: Facing Up to Internet Giants

Shai Dothan (Univ. of Copenhagen - Law) has posted Facing Up to Internet Giants (Duke Journal of Comparative & International Law, forthcoming). Here's the abstract:
Mancur Olson claimed that concentrated interests win against diffuse interests even in advanced democracies. Multinational companies, for example, work well in unison to suit their interests. The rest of the public is not motivated or informed enough to resist them. In contrast, other scholars argued that diffuse interests may be able to fight back, but only when certain conditions prevail. One of the conditions for the success of diffuse interests is the intervention of national and international courts. Courts are able to fix problems affecting diffuse interests. Courts can also initiate deliberation that can indirectly empower diffuse interests by getting them informed. This paper investigates the jurisprudence of the European Court of Human Rights (ECHR) and the Court of Justice of the European Union (CJEU). It argues that these international courts help consumers, a diffuse interest group, to succeed in their struggle against internet companies, a concentrated interest group.