Monday, December 22, 2014

New Issue: Revista Latinoamericana de Derecho Comercial Internacional

The latest issue of the Revista Latinoamericana de Derecho Comercial Internacional/Latin American Journal of International Trade Law (Vol. 2, no. 2, 2014) is out. Contents include:
  • Rodrigo Corredor Castellanos, Foreign Direct Investment: Ambiguity About Spillover Effects on Innovation and Possible Implications in the Field of Investor-State Disputes Relating to the Protection of Intangible Assets
  • Irakli Gelovani, Shareholder’s Claims in International Investment Arbitration
  • Renzo Andrade Chirinos, Two Coexisting Systems with a Common Enemy. Trade and Finance Vs. Economic Crises
  • Alejandro Follonier-Ayala, Evolution of Separability and Kompetenz- Kompetenz Principles in Latin America
  • Amy Sjoquist, Guatemalan Tragedy: A Case Study of the Negative Impact of Neoliberalism on the Protection of Human Rights
  • Giulliana Reggiardo Palacios & Carolina Urigüen Eljuri, The Negotiation of Ecuador-European Union
  • Renzo Andrade Chirinos, Towards Shaping the new EU Investment Policy

Sunday, December 21, 2014

New Issue: International Human Rights Law Review

The latest issue of the International Human Rights Law Review (Vol. 3, no. 2, 2014) is out. Contents include:
  • Gino J. Naldi & Konstantinos D. Magliveras, The ASEAN Human Rights Declaration
  • Robert Quinn & Jesse Levine, Intellectual-Human Rights Defenders and Claims for Academic Freedom under Human Rights Law
  • Kevin Aquilina, The European Court of Human Rights Case Law and Its Impact on Parliamentary Removal of a Judge in Malta
  • Hakeem Yusuf, S.A.S v France: Supporting ‘Living Together’ or Forced Assimilation?
  • Florian Lehne & Paul Weismann, The European Court of Human Rights and Access to Information

Saturday, December 20, 2014

New Issue: Journal of World Intellectual Property

The latest issue of the Journal of World Intellectual Property (Vol. 17, nos. 5-6, November 2014) is out. Contents include:
  • Jessica C. Lai, The Exhaustion Doctrine and Genetic Use Restriction Technologies: A Look at Bowman v Monsanto
  • Pawarit Lertdhamtewe, Protection of Plant Varieties in Thailand
  • Cees Mulder, Patent Law Treaty: Promises Not Delivered-How the Negotiations Resulted in Ambiguities in the Treaty

Friday, December 19, 2014

New Volume: Austrian Review of International and European Law

The latest volume of the Austrian Review of International and European Law (Vol. 16, 2011) is out. Contents include:
  • Stanford – Vienna Human Rights Conference: US-American and European Approaches to Contemporary Human Rights Problems
    • Manfred Nowak, European Human Rights Mechanisms in Comparison with the US
    • Helen Stacy, The United States Rights Approach
    • Allen S. Weiner, The Protection Human Rights in the United States
    • James L. Cavallaro, US Exceptionalism, Human Rights and Civil Society
    • Christoph Grabenwarter, The European Human Rights Model – With a Special View to the Pilot Judgment Procedure of the Strasbourg Court
    • Ursula Kriebaum, The European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment
    • Karin Lukas, The European Committee of Social Rights – The European Monitor in the Social Sphere
    • Jonas Grimheden & Gabriel N. Toggenburg, Human Rights Protection in the European Union: A ‘Tale of Seven Cities’
    • Heinz Gärtner, Responsibility to Protect (R2P) and Libya
    • Irmgard Marboe, R2P and the ‘Abusive’ Veto – The Legal Nature of R2P and its Consequences for the Security Council and its Members
    • Hanspeter Neuhold, Secondary Responsibility to Protect: Enforcement Action by the UN Security Council in the 2011 Libyan Crisis
    • Christina Binder, European and US-Perspectives on the Protection of Human and Labour Rights in Export Processing Zones
    • Margit Ammer & Joachim Stern, Human Rights Challenges in the Areas of Asylum and Immigration: EU Policies and Perspectives
    • Katherine R. Jolluck, Anti-Traffi cking Efforts and the Protection of Human Rights
    • Maria Grazia Giammarinaro, Human Trafficking and Victims’ Rights
    • Dinah Shelton, Thinking Globally – Acting Regionally. The Third Vranitzky Lecture
    • Dan Svantesson, The Rome II Regulation and Choice of Law in Internet-Based Violations of Privacy and Personality Rights – On the Wrong Track, but in the Right Direction?

Joerges & Glinski: The European Crisis and the Transformation of Transnational Governance: Authoritarian Managerialism versus Democratic Governance

Christian Joerges (Hertie School of Governance; Univ. of Bremen) & Carola Glinski (Univ. of Bremen) have published The European Crisis and the Transformation of Transnational Governance: Authoritarian Managerialism versus Democratic Governance (Hart Publishing 2014). The table of contents is here. Here's the abstract:
The debate on law, governance and constitutionalism beyond the state is confronted with new challenges. In the EU, confidence in democratic transnational governance has been shaken by the authoritarian and unsocial practices of crisis management. The ambition of this book, which builds upon many years of close co-operation between its contributors, is to promote a viable interdisciplinary alternative to these developments. "Conflicts-law constitutionalism" is a concept of transnational governance which derives democratic legitimacy from the supranational control of the external impact of national decision-making, on the one hand, and the co-operative responses to problem interdependencies on the other. The first section of the book contrasts Europe's new modes of economic governance and crisis management with the conditionality of international investments, and reflects upon the communalities and differences between emergency Europe and global exceptionalism. Subsequent sections substantiate the problématique of executive and technocratic rule, explore conflict constellations of prime importance in the fields of environmental and labour law, and discuss the impact and limits of liberalisation strategies. Throughout the book, European and transnational developments are compared and evaluated.

New Issue: Chinese Journal of International Law

The latest issue of the Chinese Journal of International Law (Vol. 13, no. 4, December 2014) is out. Contents include:
  • Editorial Comments
    • Wang Yi, China: a Staunch Defender and Builder of the International Rule of Law
    • Julia Ya Qin, Judicial Authority in WTO Law: A Commentary on the Appellate Body's Decision in China-Rare Earths
    • LIU Xiaohong & Yang Ling, Redemption of Chinese Arbitration? — Comments on the Civil Procedure Law (2012) and Free Trade Zone Arbitration Rules (2014)
  • Articles
    • Sienho Yee, The South China Sea Arbitration (The Philippines v. China): Potential Jurisdictional Obstacles or Objections
    • María Teresa Infante Caffi, Peru v. Chile: The International Court of Justice Decides on the Status of the Maritime Boundary
    • Hervé Ascensio, Abuse of Process in International Investment Arbitration
    • Salim Farrar, The Organisation of Islamic Cooperation: Forever on the Periphery of Public International Law?
    • Michael Salter & Yinan Yin, Analysing Regionalism within International Law and Relations: The Shanghai Cooperation Organisation as a Grossraum?
  • Letters to the Editor
    • Vladislav Tolstykh, Reunification of Crimea with Russia: A Russian Perspective
    • Sukjoon Yoon, Xi Jinping's “True Maritime Power” and ESCS Issues

Thursday, December 18, 2014

New Issue: Vanderbilt Journal of Transnational Law

The latest issue of the Vanderbilt Journal of Transnational Law (Vol. 47, no. 4, October 2014) is out. Contents include:
  • Jon Bauer, Multiple Nationality and Refugees
  • Daniel C.K. Chow, Navigating the Minefield of Trade Secrets Protection in China
  • Bryan H. Druzin, Anarchy, Order, and Trade: A Structuralist Account of Why a Global Commercial Legal Order is Emerging
  • Mugambi Jouet, Judging Leaders Who Facilitate Crimes by a Foreign Army: International Courts Differ on a Novel Legal Issue

Fogdestam Agius: Interaction and Delimitation of International Legal Orders

Maria Fogdestam Agius has published Interaction and Delimitation of International Legal Orders (Brill | Nijhoff 2014). Here's the abstract:
In Interaction and Delimitation of International Legal Orders, the author describes how actions of international dispute settlement bodies set up within institutionalized treaty regimes contribute to the establishment of autonomous international legal orders. Based on examples from the WTO, the EU, the law of the sea and international environmental law, the book presents a typology of uses of legal norms and principles that are extrinsic in the sense that they derive not from the regime, but from general public international law, other treaty regimes, or the jurisprudence from courts operating in other fields. The investigation contradicts assertions that international courts will contribute to systemic integration and offers reflections on repercussions for the legitimacy of international norms and institutions.

ESIL Lecture Series (Video)

The European Society of International Law has posted on YouTube five more installments in the ESIL Lecture Series. (ESIL has its own YouTube Channel.) The lectures are:

Call for Papers: International Criminal Justice: Theory, Policy and Practice

A call for papers has been issued on "International Criminal Justice: Theory, Policy and Practice," a proposed stream for the 2015 Socio-Legal Studies Association Annual Conference at the University of Warwick. Here's the call:

International Criminal Justice: Theory, Policy and Practice

Socio-Legal Studies Association Annual Conference

University of Warwick

Call for Papers

This proposed stream contains four panel sessions and invites submissions on all areas of substantive international criminal justice, whether on theory, policy or practice. Empirical work would be particularly welcomed and papers based on “works in progress” will be considered so long as the work is sufficiently developed. Both individual papers and panel submissions (of three related papers) can be submitted for consideration. Postgraduate students are also encouraged to submit abstracts. Successful papers will be published in a symposium. Details of which will be available shortly.

For an informal discussion please email the convenor, Anna Marie Brennan at Anna.Marie.Brennan@liverpool.ac.uk

Abstracts may only be submitted via the Easy Chair system. They must be no longer than 300 words and must include your title, name and institutional affiliation and your email address for correspondence.

The deadline for the submissions is Monday 19 January 2015.

New Issue: International Journal of Human Rights

The latest issue of the International Journal of Human Rights (Vol. 18, nos. 7-8, 2014) is out. Contents include:
  • Gregor Puppinck & Claire de La Hougue, The right to assisted suicide in the case law of the European Courtof Human Rights
  • Ronagh J.A. McQuigg, The European Court of Human Rights and domestic violence: Valiuliene v. Lithuania
  • Roseane do Socorro Gonçalves Viana & Anne C. Bellows, ‘Teacher, we are hungry’. The violation of Quilombolas students’ right to adequate food, a case study
  • Helle Abelvik-Lawson, Sustainable development for whose benefit? Brazil's economic power and human rights violations in the Amazon and Mozambique
  • Karen Bell & Sarah Cemlyn, Developing public support for human rights in the United Kingdom: reasserting the importance of socio-economic rights
  • Bonny Ibhawoh, Testing the Atlantic Charter: linking anticolonialism, self-determination and universal human rights
  • Bill Rolston & Lillian Artz, Re-entry problems: the post-prison challenges and experiences of former political prisoners in South Africa and Northern Ireland
  • Ebenezer Durojaye & Lucyline Nkatha Murungi, The African Women's Protocol and sexual rights
  • Robert Quinn & Jesse Levine, Intellectual-HRDs and claims for academic freedom under human rights law

Wednesday, December 17, 2014

New Issue: Review of International Political Economy

The latest issue of the Review of International Political Economy (Vol. 22, no. 1, 2015) is out. Contents include:
  • Mini-Symposium: Capital Controls and the Global Financial Crisis
    • Ilene Grabel & Kevin P. Gallagher, Capital controls and the global financial crisis: An introduction
    • Ilene Grabel, The rebranding of capital controls in an era of productive incoherence
    • Jeffrey M. Chwieroth, Managing and transforming policy stigmas in international finance: Emerging markets and controlling capital inflows after the crisis
    • Kevin P. Gallagher, Countervailing monetary power: Re-regulating capital flows in Brazil and South Korea
    • Silla Sigurgeirsdóttir & Robert H. Wade, From control by capital to control of capital: Iceland's boom and bust, and the IMF's unorthodox rescue package
    • Manuela Moschella, Currency wars in the advanced world: Resisting appreciation at a time of change in central banking monetary consensus
  • Other Research Articles
    • Justin V. Hastings, The economic geography of North Korean drug trafficking networks
    • Donna Lee, Mark Hampton & Julia Jeyacheya, The political economy of precarious work in the tourism industry in small island developing states

New Issue: Journal of International Economic Law

The latest issue of the Journal of International Economic Law (Vol. 17, no. 4, December 2014) is out. Contents include:
  • Articles in Honor of Prof. J. H. Jackson
    • Edith Brown Weiss & Lydia Slobodian, Virtual Water, Water Scarcity, and International Trade Law
    • Joost Pauwelyn, Rule-Based Trade 2.0? The Rise of Informal Rules and International Standards and How they May Outcompete WTO Treaties
    • Joel P. Trachtman, International Legal Control of Domestic Administrative Action
    • Rosa M. Lastra, Do We Need a World Financial Organization?
    • Robert B. Thompson, Financial Regulation’s Architecture within International Economic Law
    • R. Michael Gadbaw, The Prevention of Systemic Failure as a Unifying Principle of International Economic Law
    • Gary Clyde Hufbauer, Rules of the International Trade, Investment, and Financial Systems: What they Deliver, how they Differ, the way Forward
    • Roberto Echandi & Maree Newson, The Influence of International Investment Patterns in International Economic Law Rulemaking: A Preliminary Sketch

New Volume: Australian Year Book of International Law

The latest volume of the Australian Year Book of International Law (Vol. 31) is out. Contents include:
  • Louise Arbour, The Laws of War: Under Siege or Gaining Ground?
  • Camille Goodman, ‘Strength through Cooperation’: a 21st Century Treaty for Multilateral Maritime Enforcement in the Pacific
  • Christina Trahanas, Recent Developments in the Maritime Boundaries and Maritime Zones for the Pacific
  • Thilini Perera & Dalma Demeter, A Balancing Act: Retaining Investor-State Dispute Settlement Provisions in Investment Agreements and Balancing Stakeholder Interests

Tuesday, December 16, 2014

Dal Ri, Veloso, & Lima: A Formação da Ciência do Direito Internacional

Arno Dal Ri Júnior (Universidade Federal de Santa Catarina), Paulo Potiara de Alcântara Veloso (Faculdade de Ciências Sociais de Florianópolis), & Lucas Carlos Lima (Università di Macerata) have published A Formação da Ciência do Direito Internacional (Unijuí 2014). Contents include:
  • Naiara Posenato, Bartolus de Saxoferrato
  • Paulo Potiara de Alcântara Veloso, Paulus Wladimiri
  • Diego Panizza, Alberico Gentili
  • Francisco Castilla Urbano, Francisco de Vitoria
  • Paulo Emílio Vauthier Borges de Macedo, Francisco Suárez
  • Antônio Manuel Hespanha, Hugo Grotius
  • Francesco Mancuso, Emmerich de Vattel
  • Arno Dal Ri Jr, Pasquale Stanislao Mancini
  • Cássio Eduardo Zen, Karl Heinrich Triepel
  • Lucas Carlos Lima, Dionisio Anzilotti
  • Piero Ziccardi, Santi Romano
  • Ernesto Roessing Neto, Georges Scelle
  • George Rodrigo Bandeira Galindo, Hersch Lauterpacht
  • François Rigaux, Hans Kelsen
  • Manuel Becerra-Ramírez, Grigory Ivanovich Tunkin
  • Piero Ziccardi, Roberto Ago

Orchard: A Right to Flee: Refugees, States, and the Construction of International Cooperation

Phil Orchard (Univ. of Queensland - International Relations) has published A Right to Flee: Refugees, States, and the Construction of International Cooperation (Cambridge Univ. Press 2014). Here's the abstract:
Why do states protect refugees? In the past twenty years, states have sought to limit access to asylum by increasing their border controls and introducing extraterritorial controls. Yet no state has sought to exit the 1951 Refugee Convention or the broader international refugee regime. This book argues that such international policy shifts represent an ongoing process whereby refugee protection is shaped and redefined by states and other actors. Since the seventeenth century, a mix of collective interests and basic normative understandings held by states created a space for refugees to be separate from other migrants. However, ongoing crisis events undermine these understandings and provide opportunities to reshape how refugees are understood, how they should be protected, and whether protection is a state or multilateral responsibility. Drawing on extensive archival and secondary materials, Phil Orchard examines the interplay among governments, individuals, and international organizations that has shaped how refugees are understood today.

New Issue: Journal of East Asia and International Law

The latest issue of the Journal of East Asia and International Law (Vol. 7, no. 2, Autumn 2014) is out. Contents include:
  • Issue Focus: Twenty Years' UNCLOS and the Future Ocean Regime
    • Mincai Yu, China Being A Maritime Power under the UNCLOS: Issues and Ways Ahead
    • Yurika Ishii, International Cooperation on the Repression of Piracy and Armed Robbery at Sea under the UNCLOS
  • Articles
    • Sung Pil Park, Harmonizing Public and Private International Law: Implications of the Apple vs. Samsung IP Litigation
    • Wei Shen, Conceptuality or Textuality? Understanding the Notion of Expropriation in the Context of Tza Yap Shum v. The Republic of Peru
  • Notes & Comments
    • A.-H. Ranjbarian, A. Abedini & K. Rouzegari, Interpreting the United Nations Security Council Resolutions by the Domestic Courts: The Judgment of the High Court of Singapore on the Iranian Nuclear Program
    • Chao Wang, International Arbitration of Maritime Delimitation: An Alternative for East Asia?
  • Regional Focus & Controversies: Law and Policy under the Post-Kyoto Protocol System
    • Hui Zhang, Towards a New Global Agreement under the Doha Climate Gateway: A Chinese Way
    • Osamu Yoshida, Domestic Initiatives in a Global Context? Japan's Approaches to the Emissions Trading Schemes for the International Climate Change Regime
    • Sung Ja Cho, Legal and Policy Implications on the Post-Kyoto Protocol System: A Korean Lawyer's Viewpoint

New Volume: African Yearbook of International Law

The latest volume of the African Yearbook of International Law (Vol. 19, 2011-2012) is out. Contents include:
  • Abdulqawi A. Yusuf & Roland Adjovi, Maputo Conference: Revitalizing the African Association of International Law (AAIL)
  • Mutoy Mubiala, Les Droits de L’homme dans la Mediation du Secretaire General des Nations Unies Dans Le Conflit de Bakassi Entre le Cameroun et le Nigeria (2002-2006)
  • Adejoké Babington-Ashaye, The African Peer-Review Mechanism at Ten: From Lofty Goals to Practical Implementation
  • Christian Pangilinan, A Role for the African Court of Justice and Human Rights in Developing a Binding Regional Framework for Refugee Protection
  • Dominic N. Dagbanja, The Changing Pattern and Future of Foreign Investment Law and Policy in Ghana: The Role of International Investment Treaties
  • Chilenye Nwapi, Adjudicating Transnational Corporate Crimes in Foreign Courts: Imperialism or Assertion of Functional Jurisdiction?
  • Catherine Maia & Anatole Ayissi, Peace Through Constitution: The Importance of Constitutional Order for International Peace and Security
  • Abdulqawi A. Yusuf & Yuki Daijo, The Role of the Chairperson in Multilateral Treaty-Making Negotiations: The UNESCO Convention on Cultural Diversity
  • Abdulqawi A. Yusuf, The Emergence of Judicial Institutions for Inter-State Dispute Settlement in Africa: A Brief Survey
  • Sayeman Bula-Bula, Les Atteintes a L’autonomie Juridique de L’enfant Africain dans la Guerre
  • Kasaija Phillip Apuuli, The Use of Unmanned Aerial Vehicles and United Nations Peacekeeping: The Case of Monusco in the Democratic Republic of the Congo
  • Bridget Rhinehart, Prosecuting Hissene Habre: Establishing a Factual Background of the Rise, Rule and Fall of Hissene Habre
  • Roland Adjovi, Une Saga Judiciaire Autour d’un (Ex-) Chef D’etat Africain, Hissene Habre
  • Jérôme de Hemptinne, Trois Propositions de Reforme du Systeme de Justice Penale Internationale

New Issue: Journal of International Arbitration

The latest issue of the Journal of International Arbitration (Vol. 31, no. 6, 2014) is out. Contents include:
  • Wei Sun, SPC Instruction Provides New Opportunities for International Arbitral Institutions to Expand into China
  • Dipen Sabharwal & Rebecca Zaman, Vive la difference? Convergence and Conformity in the Rules Reforms of Arbitral Institutions: The Case of the LCIA Rules 2014
  • Ana Carolina Weber, Carmine A. Pascuzzo S., Guilherme de Siqueira Pastore, & Ricardo Dalmaso Marques, Challenging the “Splitting the Baby” Myth in International Arbitration
  • Dario Alessi, Enforcing Arbitrator’s Obligations: Rethinking International Commercial Arbitrators’ Liability
  • Carlos A. Matheus López, Practical Criteria for Selecting International Arbitrators
  • Detlev Kühner, The Impact of Party Impecuniosity on Arbitration Agreements: The Example of France and Germany

Monday, December 15, 2014

New Issue: Ethics & International Affairs

The latest issue of Ethics & International Affairs (Vol. 28, no. 4, Winter 2014) is out. Contents include:
  • Essay
    • Jacinta O'Hagan & Miwa Hirono, Fragmentation of the International Humanitarian Order? Understanding “Cultures of Humanitarianism” in East Asia
  • Features
    • Christopher Kutz, How Norms Die: Torture and Assassination in American Security Policy
    • Ruben Reike, The “Responsibility to Prevent”: An International Crimes Approach to the Prevention of Mass Atrocities
  • Book Symposium: On Global Justice
    • Richard Arneson, Against Relationalism in Global Justice Theory
    • Helena de Bres, Risse on Justice in Trade
    • Anna Stilz, On Collective Ownership of the Earth
    • Mathias Risse, Response to Arneson, de Bres, and Stilz
  • Review Essay
    • Nancy Birdsall, Thomas Piketty's Capital and the Developing World

Hafner-Burton, Mansfield, & Pevehouse: Human Rights Institutions, Sovereignty Costs and Democratization

Emilie M. Hafner-Burton (Univ. of California, San Diego - School of International Relations and Pacific Studies), Edward D. Mansfield (Univ. of Pennsylvania - Political Science), & Jon C.W. Pevehouse (Univ. of Wisconsin, Madison - Political Science) have published Human Rights Institutions, Sovereignty Costs and Democratization (British Journal of Political Science, Vol. 45, no. 1, pp. 1-27, January 2015). Here's the abstract:
Why do countries join international human rights institutions, when membership often yields few material gains and constrains state sovereignty? This article argues that entering a human rights institution can yield substantial benefits for democratizing states. Emerging democracies can use the ‘sovereignty costs’ associated with membership to lock in liberal policies and signal their intent to consolidate democracy. It also argues, however, that the magnitude of these costs varies across different human rights institutions, which include both treaties and international organizations. Consistent with this argument, the study finds that democratizing states tend to join human rights institutions that impose greater constraints on state sovereignty.

New Issue: Arbitration International

The latest issue of Arbitration International (Vol. 30, no. 4, 2014) is out. Contents include:
  • Karl-Heinz Böckstiegel, Applicable Law in Disputes Concerning Economic Sanctions: A Procedural Framework for Arbitral Tribunals
  • Jan Paulsson, Metaphors, Maxims, and Other Mischief – The Freshfields Arbitration Lecture
  • James Allsop, The Authority of the Arbitrator
  • Gisele Stephens-Chu, Is it Always All About the Money? The Appropriateness of Non-Pecuniary Remedies in Investment Treaty Arbitration
  • Jesse Kennedy, Tickets, Money, Passport – and an Arbitration Agreement? Pro-Arbitration Policy in Dampskibsselskabet Norden A/S v. Gladstone Civil Pty Ltd
  • Anthony Connerty, Lex Mercatoria: Reflections from an English Lawyer

New Issue: International Studies Quarterly

The latest issue of the International Studies Quarterly (Vol. 58, no. 4, December 2014) is out. Contents include:
  • Presidential Address
    • Amitav Acharya, Global International Relations (IR) and Regional Worlds: A New Agenda for International Studies
  • Balancing and the Balance of Power
    • Jørgen Møller, Why Europe Avoided Hegemony: A Historical Perspective on the Balance of Power
  • International Order and Ordering
    • Ty Solomon, Time and Subjectivity in World Politics
    • Calvert W. Jones, Exploring the Microfoundations of International Community: Toward a Theory of Enlightened Nationalism
    • Julian Germann, German “Grand Strategy” and the Rise of Neoliberalism
  • Democracies and Foreign Policy
    • Wolfgang Wagner & Michal Onderco, Accommodation or Confrontation? Explaining Differences in Policies Toward Iran
    • Ryan K. Beasley & Juliet Kaarbo, Explaining Extremity in the Foreign Policies of Parliamentary Democracies
    • Patrick Shea, Terence K. Teo & Jack S. Levy, Opposition Politics and International Crises: A Formal Model
  • Diffusion and Regulation
    • Jeffrey M. Chwieroth, Fashions and Fads in Finance: The Political Foundations of Sovereign Wealth Fund Creation
    • Michaël Aklin & Johannes Urpelainen, The Global Spread of Environmental Ministries: Domestic–International Interactions
    • Jean-Frédéric Morin & Edward Richard Gold, An Integrated Model of Legal Transplantation: The Diffusion of Intellectual Property Law in Developing Countries
    • Daniel Berliner & Aseem Prakash, Public Authority and Private Rules: How Domestic Regulatory Institutions Shape the Adoption of Global Private Regimes
  • Political Economy of Globalization
    • Andrew Kerner, What We Talk About When We Talk About Foreign Direct Investment
    • Lawrence Ezrow & Timothy Hellwig, Responding to Voters or Responding to Markets? Political Parties and Public Opinion in an Era of Globalization
    • Benjamin Nyblade & Angela O'Mahony, Playing with Fire: Pre-Electoral Fiscal Manipulation and the Risk of a Speculative Attack
  • Humanitarian Aid and Intervention
    • Rob Kevlihan, Karl DeRouen Jr & Glen Biglaiser, Is US Humanitarian Aid Based Primarily on Need or Self-Interest?
    • Dursun Peksen, Timothy M. Peterson & A. Cooper Drury, Media-driven Humanitarianism? News Media Coverage of Human Rights Abuses and the Use of Economic Sanctions
  • Future Trends
    • Askar Akaev & Vladimir Pantin, Technological Innovations and Future Shifts in International Politics

Saturday, December 13, 2014

Singh: Narrative and Theory: Formalism's Recurrent Return

Sahib Singh (Univ. of Cambridge - Law) has posted Narrative and Theory: Formalism's Recurrent Return (British Yearbook of International Law, Vol. 84, pp. 304-43, 2013). Here's the abstract:
This article critically examines the re-entrenchment of formalism in European international legal thought. It does so by looking at how such a theory (and ideas more generally) may come to seem natural and persuasive within the discipline. Narrative analysis may be used as a critical method to look at how theories persuade, how they are 'sold' and how they produce certain mentalities. Formalism generally (and specifically, source formalism) is broken down as part method, part aesthetics, and part ideology (Section I). The theory is also critiqued for its concern with coherence and determinacy, its own imminent intellectual necessity, and with disciplinary progress. These narrative tactics are exposed as geared towards establishing theoretical dominance within the discipline (and in relation to other theories) (Section II). Specific variants of formalism also tend to eschew any analysis of the multitude of historical conditions and struggles from and for which it emerged. The contemporary European stance emerges against a background of anxiety over disciplinary autonomy and theories that have become dominant in US legal thought. It is a theory of resistance that often slips into essentializing the discipline (Section III). Finally, a specific thesis for formalism in the sources of international law is critiqued as one that cannot work on its own intellectual and theoretical terms. Source formalism (as argued through a Hartian positivist thesis and Wittgenstein) cannot fulfill the relative determinacy it seeks, nor (and more importantly) is such a determinacy required for the legitimacy and normativity of international law. This theory of formalism, whilst operating through ideas that are easily accepted in legal circles, is one that can only sustain itself through intellectual vagueness and contradictions. Five such 'intellectual arrests' are worked through (Section IV). Despite its popularity, there is no necessity for such a theory in contemporary legal thought. Whilst this article is a critique of a specific variant of formalism, it is also a demonstration of how certain dominant theories can constrain and shape our imagination in a multitude of ways. The ploys of marketing an idea remain, after all, predominantly liberal.