Tuesday, September 18, 2018

Mudgway: Sexual Exploitation and Abuse by UN Peacekeepers

Cassandra Mudgway (Auckland Univ. of Technology - Law) has published Sexual Exploitation and Abuse by UN Peacekeepers: Towards a Hybrid Solution (Routledge 2018). Here's the abstract:

Sexual exploitation and abuse by United Nations (UN) peacekeepers is not an isolated or recent problem, but it has been present in almost every peacekeeping operation. A culture of sexual exploitation and abuse is contrary to the UN’s zero-tolerance policy and has been the target of institutional reforms since 2005. Despite this, allegations of sexual abuse continue to emerge, and the reforms have not solved the problem. This book is a response to the continued lack of accountability of UN peacekeepers for sexual exploitation and abuse. Focusing on military contingent members, this book aims to analyse ways in which the UN can fill the accountability gap while taking a feminist perspective and emphasising the needs of victims, their communities, and the host state.

This book directly challenges the status quo of relying on troop-contributing countries (TCCs) to hold their peacekeepers to account. It proposes first, the establishment of a series of hybrid courts, and second, a mechanism for dealing with victim rehabilitation and reparation. It addresses these topics by considering international and human rights law and will be of interest to researchers, academics, policymakers, and students with an interest in international criminal law, United Nations peacekeeping, and peace studies.

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Re-posting this in the hope of garnering greater support for ILR.

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Monday, September 17, 2018

Contesse: Resisting the Inter-American Human Rights System

Jorge Contesse (Rutgers Univ. - Law) has posted Resisting the Inter-American Human Rights System (Yale Journal of International Law, forthcoming). Here's the abstract:

Questions of scope of authority and enforcement are ripe at what is an increasingly critical time for international human rights law. Since 1988, the Inter-American Court of Human Rights has seen its case law and its influence expand. The Court’s opinions, along with the reports of the Inter-American Commission on Human Rights, have become widely seen by domestic courts as authoritative, thereby realizing many of the promises of international norms and holding Latin American states accountable for their unwillingness or inability to fulfill their international obligations. Along with the significant institutionalization of human rights law in other regions, as well as at the global level, human rights law in the Americas has become part of the legal and political landscape of states and the individual, creating a kind of inter-American constitutionalism.

Despite this trend, the system of human rights protection has recently come under fire, as have other regional human rights regimes and international courts. States in general, and their courts, in particular, have become less receptive, and at times even opposed to what they perceive as a too aggressive approach to adjudication. Drawing on interviews with current constitutional judges from three Latin American countries, this Article identifies and analyzes three core facets of resistance and backlash in the inter-American human rights system. It then offers two avenues for reform to strengthen the system: first, the reformulation of legal doctrines used by the international human rights courts to mediate their relation with member states; and second, the adoption of new mechanisms to monitor compliance with decisions by international courts.

Alschner & Hui: Missing in Action: General Public Policy Exceptions in Investment Treaties

Wolfgang Alschner (Univ. of Ottawa - Law) & Kun Hui (Univ. of Ottawa) have posted Missing in Action: General Public Policy Exceptions in Investment Treaties. Here's the abstract:
In an effort to balance investment protection with other policy concerns states are increasingly inserting general public policy exceptions into their international investment agreements. A first wave of cases has recently interpreted and applied these exceptions putting the effectiveness of this state-led treaty design reform to the test. In this article, we introduce the different types of general public policy exceptions found in investment treaties and systematically analyze the case law rendered thereunder. We find that although public policy exceptions are becoming more prominent in treaty practice, in 2016 every third newly concluded treaty contained such a clause, they are largely missing in action. Respondents fail to raise them appropriately and tribunals pay little attention to them. As a result, the numerous and complex interpretive issues raised by these exceptions remain unresolved and their impact on investment jurisprudence remains modest at best. We conclude by recommending that responding states and tribunals should engage with general public policy exceptions more thoroughly.

New Issue: Chinese Journal of Global Governance

The latest issue of the Chinese Journal of Global Governance (Vol. 4, no. 2, 2018) is out. Contents include:
  • Ian Yuying Liu, The Chinese Dream, Neoliberalism, and International Legal Ideology
  • Dilini Pathirana, Rising China and Global Investment Governance: An Overview of Prospects and Challenges
  • Hongling Ning and Tong Qi, Multilateral Investment Court: The Gap Between the EU and China

New Issue: Human Rights Law Review

The latest issue of the Human Rights Law Review (Vol. 18, no. 3, September 2018) is out. Contents include:
  • Shreya Atrey, The Intersectional Case of Poverty in Discrimination Law
  • Stephanie E Berry, Aligning Interculturalism with International Human Rights Law: ‘Living Together’ without Assimilation
  • Robert Spano, The Future of the European Court of Human Rights—Subsidiarity, Process-Based Review and the Rule of Law
  • Janneke Gerards, Margin of Appreciation and Incrementalism in the Case Law of the European Court of Human Rights
  • Silvia Favalli, The United Nations Convention on the Rights of Persons with Disabilities in the Case Law of the European Court of Human Rights and in the Council of Europe Disability Strategy 2017–2023: ‘from Zero to Hero’
  • Tom Ruys & Emre Turkut, Turkey’s Post-Coup ‘Purification Process’: Collective Dismissals of Public Servants under the European Convention on Human Rights
  • Fabrice Langrognet, The Best Interests of the Child in French Deportation Case Law
  • Daniel Augenstein, Torture as Tort? Transnational Tort Litigation for Corporate-Related Human Rights Violations and the Human Right to a Remedy

Shaffer: How Do We Get Along? International Economic Law and the Nation-State

Gregory Shaffer (Univ. of California, Irvine - Law) has posted How Do We Get Along? International Economic Law and the Nation-State (Michigan Law Review, forthcoming). Here's the abstract:
This article responds to the arguments made by Dani Rodrik in his book Straight Talk on Trade: Ideas for a Sane World Economy. It does so from the perspectives of international economic law and international law theory. The book calls for striking a different, better balance between economic globalization and the nation-state. It interweaves theory, empirics, and proposals in the tradition of economic pragmatism. Its focus on institutions, social context, and the importance of innovative, adaptive practice reflects new legal realism in legal scholarship. Part I assesses the book in light of transnational legal theory, analyzing the recursive relation of international and domestic law in an interconnected world. Part II views the book in terms of its lessons for international law theory from a new legal realist perspective. Part III concludes regarding what should be done and avoided in response to current crises. Decrying the risks to the “liberal international order” is not enough. We must also address the mistakes made so as to enhance policy space for nation-states. Otherwise economic integration could catalyze further social disintegration. Building inclusive, democratic societies at home will better ensure inter-state cooperation through international economic law. Their relationship is transnationally enmeshed.

Support the Work of ILR with Your Donation

The International Law Reporter is a free service but that doesn't mean there aren't costs associated with its production. A few times a year I ask that you show your support by making a donation to help defray these costs. Those able and so inclined can donate by clicking on the "Donate" button to the right. Any amount is appreciated. Thanks.

Sunday, September 16, 2018

Conference: International Law Weekend 2018

The American Branch of the International Law Association and the International Law Students Association will hold International Law Weekend 2018 on October 18-20, in New York City. The theme is "Why International Law Matters." The program is here.

Soprano: WTO Trade Remedies in International Law

Roberto Soprano (Vrije Universiteit Brussel; Brussels Diplomatic Academy) has published WTO Trade Remedies in International Law: Their Role and Place in a Fragmented International Legal System (Routledge 2018). Here's the abstract:

World Trade Organisation (WTO) trade remedies (antidumping, anti-subsidy and safeguard agreements) are instruments used by WTO members to counter the economic injury caused by dumping, subsidies and the sudden and unforeseen increased imports. They are exceptions to the WTO principle of free trade and to the prohibition for States to react unilaterally to protect their own rights and interests, and as a result they have been accused by some as being the new tools of protectionism.

This book analyses of the role and principles of WTO trade remedies in international law. In particular, it focuses on their aims, their structure, and their position within the WTO and more in general, the international legal system. The book considers trade remedies in light of fragmentation theories of international law and addresses the question how, and to what extent WTO law reflects and influences public international law.

Haddad: The Hidden Hands of Justice: NGOs, Human Rights, and International Courts

Heidi Nichols Haddad (Pomona College - Politics) has published The Hidden Hands of Justice: NGOs, Human Rights, and International Courts (Cambridge Univ. Press 2018). Here's the abstract:
The Hidden Hands of Justice: NGOs, Human Rights, and International Courts is the first comprehensive analysis of non-governmental organization (NGO) participation at international criminal and human rights courts. Drawing on original data, Heidi Nichols Haddad maps and explains the differences in NGO participatory roles, frequency, and impact at three judicial institutions: the European Court of Human Rights, the Inter-American Human Rights System, and the International Criminal Court. The Hidden Hands of Justice demonstrates that courts can strategically choose to enhance their functionality by allowing NGOs to provide needed information, expertise, and services as well as shame states for non-cooperation. Through participation, NGOs can profoundly shape the character of international human rights justice, but in doing so, may consolidate civil society representation and relinquish their roles as external monitors.

Saturday, September 15, 2018

Stern: Gender, Conflict and International Humanitarian Law

Orly Maya Stern (Harvard Humanitarian Initiative) has published Gender, Conflict and International Humanitarian Law: A critique of the 'principle of distinction' (Routledge 2018). Here's the abstract:
This book conducts a gendered critique of the ‘principle of distinction’ in international humanitarian law (IHL), with a focus on recent conflicts in Africa. The ‘principle of distinction’ is core to IHL, and regulates who can and cannot be targeted in armed conflict. It states that civilians may not be targeted in attack, while combatants and those civilians directly participating in hostilities can be. The law defines what it means to be a combatant and a civilian, and sets out what behaviour constitutes direct participation. Close examination of the origins of the principle reveals that IHL was based on a gendered view of conflict, which envisages men as fighters and women as victims of war. Problematically, this view often does not accord with the reality in ‘new wars’ today in which women are playing increasingly active roles, often forming the backbone of fighting groups, and performing functions on which armed groups are highly reliant. Using women’s participation in ‘new wars’ in Africa as a study, this volume critically examines the principle through a gendered lens, questioning the extent to which the principle serves to protect women in modern conflicts and how it fails them. By doing so, it questions whether the principle of distinction is suitable to effectively regulate the conduct of hostilities in new wars.

New Issue: Human Rights Review

The latest issue of the Human Rights Review (Vol. 19, no. 3, September 2018) is out. Contents include:
  • Matt James & Jordan Stanger-Ross, Impermanent Apologies: on the Dynamics of Timing and Public Knowledge in Political Apology
  • Paweł Łuków, A Difficult Legacy: Human Dignity as the Founding Value of Human Rights
  • Kristi Giselsson, Rethinking Dignity
  • Jeremy Sarkin, Redesigning the Definition a Truth Commission, but Also Designing a Forward-Looking Non-Prescriptive Definition to Make Them Potentially More Successful

New Issue: International Interactions

The latest issue of International Interactions (Vol. 44, no. 6, 2018) is out. Contents include:
  • Articles
    • Jana Krause, Werner Krause & Piia Bränfors, Women’s Participation in Peace Negotiations and the Durability of Peace
    • Vito D’Orazio & Idean Salehyan, Who is a Terrorist? Ethnicity, Group Affiliation, and Understandings of Political Violence
    • Mi Hwa Hong & Gary Uzonyi, Deeper Commitment to Human Rights Treaties: Signaling and Investment Risk Perception
  • Research Note
    • R. Urbatsch, Immigrant Out-Groups and Voting against Free Trade

New Issue: Journal of Conflict & Security Law

The latest issue of the Journal of Conflict & Security Law (Vol. 23, no. 2, Summer 2018) is out. Contents include:
  • Mauro Barelli, Preventing and Responding to Atrocity Crimes: China, Sovereignty and the Responsibility to Protect
  • Dana Burchardt & Rishi Gulati, International Counter-terrorism Regulation and Citizenship-stripping Laws—Reinforcing Legal Exceptionalism
  • Patrick M Butchard, Back to San Francisco: Explaining the Inherent Contradictions of Article 2(4) of the UN Charter
  • Alejandro Rodiles, Law and Violence in the Global South: The Legal Framing of Mexico’s ‘NARCO WAR’
  • Maurice Cotter, Military Necessity, Proportionality and Dual-Use Objects at the ICTY: A Close Reading of the Prlić et al. Proceedings on the Destruction of the Old Bridge of Mostar

New Additions to the UN Audiovisual Library of International Law

The Codification Division of the UN Office of Legal Affairs recently added new lectures to the UN Audiovisual Library of International Law. They were given by Hussein Hassouna on “The International Law Commission: Challenges and Achievements,” Pavel Šturma on “Succession of States and State Responsibility,” and Yacouba Cissé on “La problématique de la délimitation des frontières maritimes: généralités et contexte africain.”

Friday, September 14, 2018

Call for Papers: Literature and International Law at the Edge

A call for papers has been issued for a conference on "Literature and International Law at the Edge," to take place December 14-15, 2018, in New York City. Here's the call:

Call for Papers: Literature and International Law at the Edge

New York City, December 14/15, 2018

Abstracts/proposals due by October 31, 2018

The past decade has seen a steady increase in interdisciplinary scholarship interested in the relationships between literature and international law. Much of this scholarship has remained deeply rooted in the home disciplines of the scholars, who not only operate with the prevailing assumptions and methodologies of those disciplines, but also tend to treat the other disciplines as stable and unproblematic. Moreover, while claiming to tell a global history, that scholarship largely repeats the Eurocentric bias that has historically characterized the fields of comparative literature and international law. In fact, much of the new scholarship on comparative literature and international law not only fails to take account of imperialism and its histories in the formation of disciplinary knowledge, it also tends to marginalize events and thinkers at the colonial and global edges, ignoring their roles as actors and agents of literary and legal world-making. In doing so, this new scholarship seems to be replicating the traditional prejudices of its contributing disciplines.

Through a series of events to be held in 2018 and 2019 (in, amongst other places, New York, London and Nairobi) this project aims to explore the imbrications of literature and international law at the edges. The project seeks to challenge many of the basic disciplinary blindnesses and Eurocentric assumptions that have characterized the emerging conversation by putting the Global South at the center of our interdisciplinary inquiry.

For a day-long workshop/conference, to be held in New York City on December 14/15, 2018, we are seeking contributions that:

– Explore interdisciplinary interfaces among literary, historical, and legal studies, and from positions of geo-historical marginalization across the Global South.

– Address the intersections between particular texts of “world literature” and Third World Approaches to International Law.

– Map the theoretical and historical relationships between comparative literature and international law as world-making, world-imagining, and world-governing regimes.

– Trace the historical global flows of knowledge at the “margins” of world literary and legal space that have been overlooked in the canonical and narrow focus of the separate disciplines, as well as new flows of global knowledge among the disciplines and across (and about) the Global South.

– Consider how the basic assumptions and doctrines of international law and comparative literature (e.g., sovereignty, self-determination, territoriality, equality of states, ethno-cultural nationalism, national languages, and rights to natural and cultural resources) were worked out historically in the Global South.

Please email short proposals/abstracts/inquires by 31 October 2018 to: iL.Lit.events@gmail.com

Thursday, September 13, 2018

Marcoux: International Investment Law and Globalization

Jean-Michel Marcoux has published International Investment Law and Globalization: Foreign Investment, Responsibilities and Intergovernmental Organizations (Routledge 2018). Here's the abstract:
In a context of neoliberal globalization, have the processes of elaboration and implementation of foreign investors' responsibilities by intergovernmental organizations reached the realm of legality? Using an analytical framework and a methodology that combines international law with international relations, this book provides a twofold answer to this question. First, it demonstrates that the normative integration of foreign investors' responsibilities in international investment law is fragmented and consistent with the interests of the most powerful actors. Second, while using the interactional theory of international law to assess the normative character of several international instruments elaborated and implemented by intergovernmental organizations, it highlights the sense of obligation that each instrument generates. The analysis demonstrates that such a codification process is marked by relations of power and has resulted in several social norms, with relatively few legal norms.

Wind: International Courts and Domestic Politics

Marlene Wind (Univ. of Copenhagen - Political Science) has published International Courts and Domestic Politics (Cambridge Univ. Press 2018). Contents include:
  • Marlene Wind, Introduction
  • Lisa Conant, Missing in action? The rare voice of international courts in domestic politics
  • Krzysztof Pelc & Jeffrey Kucik, What can financial markets tell us about international courts and deterrence?
  • David Kosar, The Strasbourg Court and domestic judicial politics
  • Steven Freeland, It's a good idea … isn't it? The impact of complementarity at the international criminal court on domestic law, politics and perceptions of sovereignty
  • Benjamin Perryman, Rights-protecting iCourts: the curious case of the OP-ICESCR
  • Mikael Rask Madsen, Re-assembling the French state via human rights: between human rights internationalism and political sovereignism
  • Juan A. Mayoral, Impact through trust: the CJEU as a trust-enhancing institution
  • Katarína Šipulová, Jozef Janovský & Hubert Smekal, Ideology and international human rights commitments in post-communist regimes: the cases of the Czech Republic and Slovakia
  • Philippa Webb, Escalation and interaction: international courts and domestic politics in the law of state immunity
  • Jasper Krommendijk, National parliaments: obstacles or aid to the impact of international human rights bodies?
  • Odile Ammann, The European Court of Human Rights and Swiss politics: how does the Swiss judge fit in?
  • Yaël Ronen, The use of international jurisprudence by Israel's Supreme Court
  • Marlene Wind, Laggards or pioneers? When Scandinavian avant-garde judges don't cite international case law: a methodological framework

Call for Submissions: Yearbook on International Investment Law and Policy

The Yearbook on International Investment Law and Policy has issued a call for submissions for its 2018 edition. The call is here.

Call for Submissions: Cambridge International Law Journal

The Cambridge International Law Journal invites submissions for its eighth volume (issues to be published in June and December 2019). Here's the call:

The Editorial Board of the Cambridge International Law Journal (CILJ) is pleased to invite submissions for its eighth volume (Issues to be published in June and December 2019). The Board welcomes long articles, short articles, case notes and book reviews that engage with current themes in international law. All submissions are subject to double-blind peer review by the Journal’s Editorial Board. In addition, all long articles are sent to the Academic Review Board, which consists of distinguished international law scholars and practitioners.

Submissions can be made at any time. Articles submitted by 1 October 2018 will be considered for Volume 8 Issue 1. Any articles submitted after this date will be considered for the following issues.

For full submission instructions, please visit www.elgaronline.com/cilj.

Submissions can be made for Volume 8(1) here (please be aware the review process will begin in November 2018).

Alternatively, blog articles can be submitted here.

Further information can be obtained from the Editors-in-Chief at editors@cilj.co.uk

Melandri: Self-Determination, International Law and Post-Conflict Reconstruction

Manuela Melandri has published Self-Determination, International Law and Post-Conflict Reconstruction: A Right in Abeyance (Routledge 2018). Here's the abstract:
The right to self-determination has played a crucial role in the process of assisting oppressed people to put an end to colonial domination. Outside of the decolonization context, however, its relevance and application has constantly been challenged and debated. This book examines the role played by self-determination in international law with regard to post-conflict state building. It discusses the question of whether self-determination protects local populations from the intervention of international state-builders in domestic affairs. With a focus on the right as it applies to the people of an independent state, it explores how self-determination concerns that arise in the post-conflict period play out in relation to the reconstruction process. The book analyses the situation in Somalia as a means of drawing out the impact and significance of the legal principle of self-determination in the process of rebuilding post-conflict institutions. In so doing, it seeks to highlight how the relevance of self-determination is often overlooked in this context.

New Issue: Chicago Journal of International Law

The latest issue of the Chicago Journal of International Law (Vol. 19, no. 1, Summer 2018) is out. Contents include:
  • Patrick Jiang & Gonzalo Villalta Puig, Article 158(3) of the Hong Kong Basic Law and the Preliminary Reference Procedure of the European Union
  • Michael N. Scmitt, "Virtual" Disenfranchisement: Cyber Election Meddling in the Grey Zones of International Law

Arato: The Private Law Critique of International Investment Law

Julian Arato (Brooklyn Law School) has posted The Private Law Critique of International Investment Law (American Journal of International Law, forthcoming). Here's the abstract:
International investment law goes further in disciplining States’ internal policy space than is commonly understood. This Article argues that investment treaties subtly constrain how nations organize and balance their internal systems of private law – including laws of property, contract, corporations, and IP. Problematically, they do so on a one-size-fits-all model, without regard for the wide variation in values undergirding these discrete legal institutions. Moreover, ISDS case-law exacerbates these constraints, unjustifiably distorting national private law arrangements. This hidden aspect of the system produces distinct problems of efficiency, fairness, and equitable distribution that have eluded critics and apologists alike.

Rodiles: Coalitions of the Willing and International Law: The Interplay between Formality and Informality

Alejandro Rodiles (Instituto Tecnológico Autónomo de México) has published Coalitions of the Willing and International Law: The Interplay between Formality and Informality (Cambridge Univ. Press 2018). Here's the abstract:
Global action and regulation is increasingly the result of the interplay between formality and informality. From the management of State conduct in international security to the coordination of national policies in climate change, international organizations work ever closer with coalitions of the willing. This book carefully describes this dynamic game, showing that it consists of transformative orchestration strategies and quasi-formalization processes. On the institutional plane, coalitions of the willing turn into 'durable efforts', while international organizations perform as 'platforms' within broader regime complexes. On the normative level, informal standards are framed in legal language and bestowed with the force of law, while legal norms are attached to multilayered schemes of implementation, characterized by pragmatic correspondences, persuasion tactics, and conceptual framing. Understanding how this interplay alters the notion of 'international legality' is crucial for the necessary recalibrations of the political ideals that will inform the rule of law in global governance.