Combining both theoretical and practical insights, the Research Handbook on Secession addresses a wide range of legal issues surrounding secessions. It considers both well-known examples such as Kosovo and Bangladesh alongside less frequently discussed cases including Somaliland and Palestine, offering state-of-the-art analysis of international law on statehood, secession, self-determination and related topics. Featuring contributions from a range of international scholars and experts, the Research Handbook discusses what a state is, distinguishes between declarations of independence and secessions, and examines the differences between secessions and the dissolution of states. Chapters provide both international law and comparative constitutional perspectives on issues of secession, inviting the reader to think afresh about the role of international law in territory and statehood. The Research Handbook also argues for the possibility that combining insights from international and constitutional law in particular could move the debate forward.
Thursday, January 26, 2023
Lecture: Koskeneimi on "To the Uttermost Parts of the Earth Legal Imagination and International Power 1300–1870"
Bourgeois & Labuda: When May UN Peacekeepers Use Lethal Force to Protect Civilians? Reconciling Threats to Civilians, Imminence, and the Right to Life
UN Security Council now regularly deploys peacekeeping missions with robust mandates to protect civilians and encourages their proactive implementation, including by using force. While this turn to robust civilian protection is usually celebrated, the legal parameters of using force are rarely scrutinised, with scholarship focused on self-defence and UN policy to justify mandate implementation. By analysing the relationship between peacekeeping mandates and international law in light of the shift from defensive to proactive peacekeeping, this article argues that the legality of using force for civilian protection purposes must be reconciled not only with Security Council resolutions but also with human rights law, which imposes strict temporal conditions for lawful deprivations of the right to life outside the conduct of hostilities. Drawing on the UN’s current practice of protecting civilians in hostile environments, this article attempts to reconcile proactive civilian-oriented peacekeeping with the concept of imminence as understood in human rights law.
- Robert Howse & Joanna Langille, Continuity and Change in the World Trade Organization: Pluralism Past, Present, and Future
- Andrej Lang, Alternatives to Adjudication in International Law: A Case Study of the Ombudsperson to the ISIL and Al-Qaida Sanctions Regime of the UN Security Council
- Current Developments
- Sean D. Murphy, Peremptory Norms of General International Law (Jus Cogens) (Revisited) and Other Topics: The Seventy-Third Session of the International Law Commission
- International Decisions
- Jaemin Lee, Armed Activities on the Territory of the Congo (Democratic Republic of the Congo v. Uganda)
- Jacquelene W. Mwangi, Request for Advisory Opinion by the Pan African Lawyers Union (Palu) on the Compatibility of Vagrancy Laws with the African Charter on Human and Peoples’ Rights and Other Human Rights Instruments Applicable in Africa, No. 001/2018
- Contemporary Practice of the United States Relating to International Law
- The United States Recognizes the Human Right to a Clean, Healthy, and Sustainable Environment
- Signatories of the U.S.-Led Artemis Accords Meet in Person for the First Time
- The United States Establishes Fund for the Afghan People from Frozen Afghan Central Bank Assets
- The United States Announces Export Controls to Restrict China's Ability to Purchase and Manufacture High-End Chips
- Recent Books on International Law
- Fleur Johns, Disastrous Law: International Law and the Shock-absorption of Disaster, reviewing International Law in Disaster Scenarios: Applicable Rules and Principles, by Flavia Zorzi Giustiniani; Law and Disaster: Earthquake, Tsunami and Nuclear Meltdown in Japan, by Shigenori Matsui; and All is Well: Catastrophe and the Making of the Normal State, by Saptarishi Bandopadhyay
- Karen J. Alter, reviewing Veiled Power: International Law and the Private Corporation 1886–1981, by Doreen Lustig
- David Kaye, reviewing Humane: How the United States Abandoned Peace and Reinvented War, by Samuel Moyn
- Ksenia Polonskaya, reviewing Identity and Diversity on the International Bench: Who Is the Judge?, by Freya Baetens
- David P. Stewart, reviewing Lex Pacificatoria, Jus Post Bellum, or Just “Good Practice”? - International Law and Peace Settlements, edited by Marc Weller, Mark Retter and Andrea Varga; and Lawyering Peace, by Paul Williams
Abel: International Investor Obligations: Towards Individual International Responsibility for the Public Interest in International Investment Law
International investment law has been criticised for years: Do investors enjoy international rights without corresponding responsibility? This book challenges this view. On the contrary, treaty and arbitration practice is already subject to dynamics introducing international investor obligations, systematised by this book as direct and indirect obligations. Inter alia, these relate to the protection of human rights and the environment. This development may potentially reorient the field towards the principle of sustainable development and may even turn it into an international instrument to regulate investors’ behaviour. The book situates these findings in the broader context of general international law.
Das internationale Investitionsschutzrecht steht seit Jahren in der Kritik: Genießen Investoren internationale Rechte ohne korrespondierende Verantwortlichkeit? Dieses Buch stellt diese Sicht infrage. Vielmehr lassen sich der Vertrags- und Schiedspraxis bereits heute Investorenpflichten entnehmen, die das Buch normtheoretisch als direkte und indirekte Pflichten erschließt. Diese verpflichten Investoren etwa auf Menschenrechte und Umweltschutz. Sie sind potentiell geeignet, das Rechtsgebiet verstärkt auf das Ziel nachhaltiger Entwicklung auszurichten und Investorenverhalten international zu regulieren. Das Buch stellt diese Entwicklung in den allgemeineren Kontext der seit 1945 stattfindenden Individualisierung des Völkerrechts.
Wednesday, January 25, 2023
In a globalized world, national legal systems often face dilemmas of international cooperation: Should our citizens stand trial in foreign courts that do not meet our standards? Should we extradite offenders to countries with a poor human rights record? Should we enforce rulings issued by foreign judges whose values are different from our own? Intolerant Justice argues that ethnocentrism--the human tendency to divide the world into superior in-groups and inferior out-groups--fuels fear and mistrust of foreign justice and sparks domestic political controversies: while skeptics portray foreign legal systems as dangerous and threatening, others dismiss these concerns.
The book traces this dynamic in a range of fascinating cases, including the American hesitation to allow criminal trials of troops in the courts of NATO countries, the dilemma of extradition to China, and the European wariness toward U.S. civil judgments. Despite the growing role of law and courts in international politics, Intolerant Justice suggests that cooperation among legal systems often meets resistance and shows how this resistance can be overcome.
When faced with the inevitable task of interpreting customary international law, what should a court do and what should it consider? Courts and scholars struggle to find an answer in doctrine, as contentious debates demonstrate. But what if the answer is not in doctrine, but in theory? What if fights over interpreting custom really reveal deep disagreement about the nature, source, and authority of custom? This chapter argues that interpreting custom requires a theory (or perhaps theories) of custom. It requires looking behind international law’s doctrine of sources and asking why we consider custom a source of law at all. But exploring the stories we tell to answer that question, this chapter identifies at least three different, competing, perhaps even contradictory concepts of customary international law in common use. Referred to here as Negotiated Law, Legislated Law, and Adjudicated Law, each draws on different sources of legitimacy, operates according to different logics, dictates different methods of interpretation, and favors different methods for resolving disputes. The difficulty for court interpreting custom is thus first figuring out which 'custom' they are interpreting. Only after answering that question, can they figure out what method to apply and what justifications to invoke.
This paper looks at the International Criminal Court's budget at the beginning of its third decade of operation. It reviews the ICC's 2023 budget as well as a number of issues that have long-term financial implications for the court. The Assembly of State Parties agreed to a 12% increase in the ICC's budget for 2023. This is the largest percentage increase the court has received since the early years of its operations (2002-2007) and is driven by an increase in the court's workload. It is investigating new situations and trying more cases than ever and needs the resources to carry out its mandate to provide an effective forum for trying the "most serious crimes of concern to the international community."
Alongside this record budget, however, there are a number of issues that have worrying long-term financial implications for the court. The Prosecutor's decision to rely on voluntary contributions and secondments from member states is probably unsustainable in the long-term and raises the risk that the court's work will be further politicized. The ICC has delayed maintenance on its building and has millions of Euros of backlogged maintenance requirements, yet the Assembly of State Parties was unable to agree on a solution. Finally, and most worryingly, the Court has a serious problem getting member states to pay their contributions. The ICC is now owed more than 44 million Euros in past-due contributions and risks running out of money in 2023. This could cause a complete shutdown of the court and the problem only gets worse every year as the amount in arrears grows.
- Jennifer Trahan, Vetoes and the UN Charter: the obligation to act in accordance with the ‘Purposes and Principles’ of the United Nations
- Chris O’Meara, Reconceptualising the right of self-defence against ‘imminent’ armed attacks
- Fatima Mashi, Sofie Hamdi & Mohammad Salman, ‘Operation Olive Branch’ in Syria’s Afrin District: towards a new interpretation of the right of self-defence?
- Gal Cohen, Mixing oil and water? The interaction between jus ad bellum and jus in bello during armed conflicts
- Antonio Bultrini, The cross-strait relationship between China and Taiwan in light of international law: not quite a mere domestic affair …
- Patrick M. Butchard & Jasmin Johurun Nessa, Digest of State Practice: 1 January – 30 June 2022
Tuesday, January 24, 2023
Call for Submissions
An annual, peer reviewed publication, the Irish Yearbook of International Law is committed to the publication of articles of general interest in international law as well as articles that have a particular connection to, or relevance for, Ireland. The Yearbook is edited by Richard Collins (QUB), James Gallen (DCU), and Bríd Ní Ghráinne (Maynooth University), is published by Hart-Bloomsbury, and is also available on HEIN Online.
The Editors are currently welcoming book review proposals and paper submissions pertaining to any area of international law. In particular, the Editors welcome papers that address the role of Ireland at the United Nations Security Council, elected in 2020 as a non-permanent member for 2021 and 2022. The IYBIL Student Prize will be awarded to the best paper submission written by an individual enrolled in a degree programme at the time of submission. Papers are due on 31 March and review proposals are due by 21 February.
The sixteenth volume (2021-22) of the Yearbook will be dedicated to the memory of one of Ireland’s leading international lawyers, and former Legal Adviser at the Department of Foreign Affairs, James Kingston.
For more information can be found here.
Monday, January 23, 2023
Thursday, January 19, 2023
Gathering an interdisciplinary range of cutting-edge scholars, this book addresses legal constitutions of value. Global value production and transnational value practices that rely on exploitation and extraction have left us with toxic commons and a damaged planet. Against this situation, the book examines law’s fundamental role in institutions of value production and valuation. Utilizing pathbreaking theoretical approaches, it problematizes mainstream efforts to redeem institutions of value production by recoupling them with progressive values. Aiming beyond radical critique, the book opens up the possibility of imagining and enacting new and different value practices. This wide-ranging and accessible book will appeal to international lawyers, socio-legal scholars, those working at the intersections of law and economy and others, in politics, economics, environmental studies and elsewhere, who are concerned with rethinking our current ideas of what has value, what does not, and whether and how value may be revalued.
- Sreenivasa Rao Pemmaraju, Optimum world order beyond war: a long view on current challenges*
- Ernst-Ulrich Petersmann, Strengthening multilevel governance of public goods through democratic and republican constitutionalism*
- Carlos Soria-Rodríguez, Marine renewable energy technologies on the high seas: challenges and opportunities to strengthen international environmental and renewable energy governance
- Shreya Mishra, Managing zoonotic diseases in the international wildlife trade through the One Health approach: a future role for CITES?*
- Thanapat Chatinakrob, Rethinking the scope of international law regulating information operations: lessons learned from a crime of online genocide in Myanmar*
- Prabhash Ranjan & Aman Kumar, Nomination of candidates to international judicial and legal bodies: a critical examination of Indian practice
Wednesday, January 18, 2023
- Linda Finska, Ludmila Ivanova, Ingvild Ulrikke Jakobsen, Heidi Rapp Nilsen, Anne Katrine Normann & Jan Solski, Waste Management on Fishing Vessels and in Fishing Harbors in the Barents Sea: Gaps in Law, Implementation and Practice
- Zhongyu Li & Makoto Seta, The Expanding Role of Classification Societies in Conserving the Marine Environment: The Case of the 2004 BWM Convention
- Hu Zhang & Qiuwen Wang, New Developments in China’s Maritime Traffic Safety Legislation: Theoretical Background, Institutional Changes, and Potential Implications
- Alberto Pecoraro, The Regulatory Powers of the International Seabed Authority: Security of Tenure and Its Limits
Tuesday, January 17, 2023
Call for Papers: Towards a multi-dimensional enhancement of a sustainable business environment in Asia
Monday, January 16, 2023
For more than fifty years, the Treaty on the Non-Proliferation of Nuclear Weapons (NPT) and the wider nuclear nonproliferation regime have worked to prevent the spread of nuclear weapons. Analysts and pundits have often viewed the regime with skepticism, repeatedly warning that it is on the brink of collapse, and the NPT lacks many of the characteristics usually seen in effective international institutions. Nevertheless, the treaty continues to enjoy near-universal membership and high levels of compliance. This is the first book to explain why the nonproliferation regime has been so successful, bringing to bear declassified documents, new data on regime membership and weapons pursuit, and a variety of analytic approaches. It offers important new insights for scholars of nuclear proliferation and international security institutions, and for policymakers seeking to strengthen the nonproliferation regime and tighten international constraints on the spread of nuclear weapons.
This book enquires into the counter-hegemonic capacity of international criminal justice. It highlights perspectives and themes that have thus far often been neglected in the scholarship on (critical approaches to) international criminal justice.
Can international criminal justice be viewed as a ‘counter-hegemonic’ project? And if so, under what conditions? In response to these questions, scholars and practitioners from the Global South and North reflect inter alia on the engagement with international criminal justice in the context of Ukraine, Palestine, and minorities in South-Asia while also highlighting the hegemonic tendencies built into the institutional structure of the International Criminal Court on the axes of gender and language.
- Cultures of International Humanitarian Law
- Alonso Gurmendi Dunkelberg, Des-Encanto: Latin America and International Humanitarian Law
- Rotem Giladi, Rites of Affirmation: The Past, Present, and Future of International Humanitarian Law
- Juana Inés Acosta-López & Ana Idárraga, Prisoners of War, Taking of Hostages and the Colombian Armed Conflict: Challenges Arising Out of Conflictive Understandings of IHL by Different Actors in Particular Contexts
- Rebecca Sutton, Read the Room: Legal and Emotional Literacy in Frontline Humanitarian Negotiations
- Focus Section: Samuel Moyn’s Humane: How the United States Abandoned Peace and Reinvented War (2021)
- Jolanda Jackelien Andela, Examining a Norm of Customary International Law that Criminalises the Intentional Use of Starvation of the Civilian Population as a Method of Warfare
- Craig Jones & Nisha Shah, Wars with and for Humanity
- Doreen Lustig, The Peace Movement and Grassroots International Law
- Samuel Moyn, Emancipation, Humanity, and Peace: A Response
- Year in Review
- James Patrick Sexton, Florent Beurret, & Nathan O’Regan, Year in Review 2021