Wednesday, September 17, 2014

New Issue: World Politics

The latest issue of World Politics (Vol. 66, no. 4, October 2014) is out. Contents include:
  • Research Articles
    • Noam Lupu, Brand Dilution and the Breakdown of Political Parties in Latin America
    • Irfan Nooruddin & Nita Rudra, Are Developing Countries Really Defying the Embedded Liberalism Compact?
    • Egor Lazarev, Anton Sobolev, Irina V. Soboleva & Boris Sokolov, Trial by Fire: A Natural Disaster's Impact on Support for the Authorities in Rural Russia
    • Jan Rovny, Communism, Federalism, and Ethnic Minorities: Explaining Party Competition Patterns in Eastern Europe
    • Amanda Lea Robinson, National Versus Ethnic Identification in Africa: Modernization, Colonial Legacy, and the Origins of territorial Nationalism

Call for Papers: ESIL 2015 Research Forum

The European Society of International Law has issued a call for papers for its 2015 Research Forum, which will take place May 14-15, 2015, at the European University Institute. Here's the call:

European Society of International Law

Research Forum 14 - 15 May 2015

Academy of European Law, European University Institute, Florence

Call for Papers

The 2015 ESIL Research Forum will take place on 14 and 15 May 2015, at the European University Institute in Florence. With the transition to Annual Conferences, the Society will maintain the Research Forum in a smaller but more intensive format. The Research Forum is re-launched as a scholarly conference which promotes engagement with research in progress by members of the Society. From 2015, it will be convened at least once a year and is organized around a broad theme.

The Research Forum targets in particular scholars at an early stage of their careers, especially advanced PhD students and post-doctoral researchers. All ESIL members are invited to attend the Research Forum as audience members.

Approximately 10-15 papers will be selected from among the submissions, and during the Research Forum paper presenters will receive comments on their papers from members of the ESIL Executive Board and invited experts.

This year, the Research Forum calls for papers addressing the following set of issues in international law:

  • The Use of Force
  • Statehood, Secession, the Creation of States
  • The Legitimacy and Illegitimacy of Governments and States
  • Territories and Boundaries
We stress that papers which address any dimensions of the call, including through interdisciplinary research and methods, and through historical, theoretical or empirical approaches, will be given serious consideration. We welcome papers that propose to redefine or re-imagine our understanding of the terms of the call and their meaning in the current context.

Abstracts of not more than 750 words should be submitted by interested applicants to ESIL-RF2015@EUI.eu by Monday 1 December 2014. Please include the following information: name, affiliation, email address, and whether you are an ESIL member. Applicants should also send a one-page curriculum vitae with the abstract. Papers should be unpublished at the time of the presentation.

Successful applicants will be notified by email by 15 January 2015. Complete drafts of papers will be required by 15 April 2015. Following review, selected papers will be published in the ESIL SSRN Paper Series.

Successful applicants will be expected to bear the costs of their own travel and accommodation. Partial financial support may be available on a needs basis for a limited number of scholars. Scholars selected to present a paper who have exhausted other potential sources of funds can submit a request to the Selection Committee for financial support with an explanation of why they are in need of assistance.

Once selected, applicants will be informed of several hotels that offer preferential rates to Research Forum participants. Lunch on both days will be provided, and a dinner for presenters, commentators and ESIL Executive Board members will be hosted by the Academy of European Law on the evening of 14 May.

ESIL 2014 Book Prize

At its recent tenth anniversary conference, the European Society of International Law announced the winners of its 2014 Book Prize. The jury consisted of Philip Alston, Armin von Bogdandy, and Hélène Ruiz Fabri. The winners were:

Sandesh Sivakumaran, The Law of Non-International Armed Conflict (Oxford Univ. Press 2012)

Ingo Venzke, How Interpretation Makes International Law: On Semantic Change and Normative Twists (Oxford Univ. Press 2012)

Lauterpacht Centre Friday Lunchtime Lecture Series for Michaelmas Term 2014

Here's the schedule for the Lauterpacht Centre for International Law's Michaelmas Term 2014 Friday Lunchtime Lectures:
  • October 10, 2014: Catherine Redgwell (Univ. of Oxford - Law), The Internationalization of Energy Law
  • October 17, 2014: Holger Hestermeyer (Court of Justice of the European Union), The Changing Structure of International Law and Its Normative Consequences: International IP Law as an Example
  • October 24, 2014: Jessie Hohmann (Queen Mary, Univ. of London - Law), International Law’s Objects
  • October 31, 2014: Devika Hovell (London School of Economics - Law), The Power of Process: Procedural Fairness in Security Council Decision-making
  • November 7, 2014: Lorna McGregor (Univ. of Essex - Human Rights Centre), The Principle of Due Diligence: A Core Principle of International Human Rights Law?
  • November 14, 2014: Chandra Lekha Sriram (Univ. of East London - Law), Kenya and the international criminal court: Insights for gravity, complementarity, and ‘positive complementarity
  • November 21, 2014: Jolyon Thomson (U.K. Department for Environment, Food and Rural Affairs), Science and international environmental law: a meeting of minds, or two disciplines worlds apart?
  • November 28, 2014: David A. Gantz (Univ. of Arizona - Law), TTIP and the post-Bali WTO: Toward a New World Trade Order?

Tuesday, September 16, 2014

New Issue: Journal of Conflict Resolution

The latest issue of the Journal of Conflict Resolution (Vol. 58, no. 7, October 2014) is out. Contents include:
  • Andrew Boutton & David B. Carter, Fair-Weather Allies? Terrorism and the Allocation of US Foreign Aid
  • Douglas L. Kriner & Francis X. Shen, Reassessing American Casualty Sensitivity: The Mediating Influence of Inequality
  • Ananthi Al Ramiah, Miles Hewstone, Todd D. Little, & Kyle Lang, The Influence of Status on the Relationship between Intergroup Contact, Threat, and Prejudice in the Context of a Nation-building Intervention in Malaysia
  • Hanne Fjelde & Lisa Hultman, Weakening the Enemy: A Disaggregated Study of Violence against Civilians in Africa
  • Robert Braun & Michael Genkin, Cultural Resonance and the Diffusion of Suicide Bombings: The Role of Collectivism
  • Belgin San-Akca, Democracy and Vulnerability: An Exploitation Theory of Democracies by Terrorists
  • Joe Clare, Hawks, Doves, and International Cooperationon

Call for Papers: Junior International Law Scholars Association Annual Meeting

The Junior International Law Scholars Association (JILSA) has issued a call for papers for its annual meeting, to take place January 23, 2015, at the University of Miami School of Law. Here's the call:
The Junior International Law Scholars Association (JILSA) is holding its annual meeting on Friday, January 23, 2015, at the University of Miami School of Law. JILSA is an informal network of junior scholars at mostly American law schools who get together annually for a self-funded workshop. Junior faculty and fellows interested in presenting at the meeting should email proposals to MJ Durkee and Jean Galbraith by Friday, October 10. If you are interested in presenting a working draft, please send us the title, an abstract, and an indication of how far along the paper is. Because of the nature of the workshop, we can only include working drafts that have not yet been accepted for publication. We also workshop early stage projects. If you are interested in presenting on an early stage project, please let us know the working title and a few lines about the idea you are pursuing. Finally, if you are interested in being a discussant, please let us know. We will do our best to get back to everyone in November, and, for those whose working drafts are accepted for the conference, we will expect the authors to provide the drafts a few weeks before the conference.

New Issue: Journal of International Economic Law

The latest issue of the Journal of International Economic Law (Vol. 17, no. 3, September 2014) is out. Contents include:
  • General Articles
    • Sergio Puig, International Regime Complexity and Economic Law Enforcement
    • Alberto Alvarez-Jimenez, The Great Recession and the New Frontiers of International Investment Law: The Economics of Early Warning Models and the Law of Necessity
    • Han-Wei Liu, International Standards in Flux: A Balkanized ICT Standard-Setting Paradigm and its Implications for the WTO
  • Symposium in Honor of John H. Jackson
    • R. Michael Gadbaw & Robert B. Thompson, Trade, International Economic Law, and the Challenges of the Global Economy: A Symposium in Honor of John H. Jackson
    • An Appreciation and Reflection by Professor John H. Jackson
    • Steve Charnovitz, The Field of International Economic Law
    • Donald McRae, International Economic Law and Public International Law: The Past and the Future
    • Ernst-Ulrich Petersmann, Need for a New Philosophy of International Economic Law and Adjudication
    • Thomas Cottier, International Economic Law in Transition from Trade Liberalization to Trade Regulation
    • William J. Davey, The WTO and Rules-Based Dispute Settlement: Historical Evolution, Operational Success, and Future Challenges
    • Mitsuo Matsushita, A View on Future Roles of the WTO: Should There be More Soft Law in the WTO

Mattli & Dietz: International Arbitration and Global Governance: Contending Theories and Evidence

Walter Mattli (Univ. of Oxford - Politics) & Thomas Dietz (Univ. of Muenster - Politics) have published International Arbitration and Global Governance: Contending Theories and Evidence (Oxford Univ. Press 2014). Contents include:
  • Walter Mattli & Thomas Dietz, Mapping and Assessing the Rise of International Commercial Arbitration in the Globalization Era: An Introduction
  • Alec Stone Sweet & Florian Grisel, The Evolution of International Arbitration: Delegation, Judicialization, Governance
  • Ralf Michaels, Roles and Role Perceptions of International Arbitrators
  • Joshua Karton, International Arbitration Culture and Global Governance
  • Moritz Renner, Private Justice, Public Policy: The Constitutionalisation of International Commercial Arbitration
  • Claire Cutler, International Commercial Arbitration, Transnational Governance, and the New Constitutionalism
  • Thomas Dietz, Does International Commercial Arbitration Provide Efficient Contract Enforcement Institutions for Global Commerce?
  • Thomas Hale, What is the Effect of Commercial Arbitration on Trade?
  • Horatia Muir Watt, The Contested Legitimacy of Investment Arbitration and the Human Rights Ordeal: the Missing Link

Llamzon: Corruption in International Investment Arbitration

Aloysius P. Llamzon (Permanent Court of Arbitration) has published Corruption in International Investment Arbitration (Oxford Univ. Press 2014). Here's the abstract:

This is the first comprehensive study of corruption in international investment arbitration. The book considers the limited effectiveness of efforts to combat transnational corruption in international law and the emergence of international investment arbitration as a singular means for effective control of corruption within the international legal order. The case law on corruption by investment tribunals is studied exhaustively, jurisprudential trends are identified, and reforms aimed at enhancing the effectiveness and fairness of investment arbitration as a mechanism to combat corruption are proposed.

Divided into three parts, part I focus on the phenomenon of corruption in foreign investment and attempts at its control through international law. Part II analyses the available case law in international investment arbitration dealing with corruption. Llamzon identifies nine distinct trends emerging from the case law and provides a table summarizing the key areas of corruption decision-making and each relevant tribunal's approach, which is an invaluable tool for practitioners engaging in 'live' issues of corruption within arbitral proceedings. Part III reflects on the implications of these trends for both the 'supply' and 'demand' sides of corruption in international law, and proposes a integrative framework of decision for corruption issues in international investment arbitration.

Monday, September 15, 2014

New Issue: International Peacekeeping

The latest issue of International Peacekeeping (Vol. 21, no. 3, 2014) is out. Contents include:
  • Filippo Dionigi, UN Security Council Resolutions as Factors of International Socialization: The Case of Hezbollah
  • Hugh Breakey & Sidney Dekker, Weak Links in the Chain of Authority: The Challenges of Intervention Decisions to Protect Civilians
  • Rashed Uz Zaman & Niloy Ranjan Biswas, Bangladesh's Participation in UN Peacekeeping Missions and Challenges for Civil–Military Relations: A Case for Concordance Theory
  • Olivera Simić & Melanie O'Brien, ‘Peacekeeper Babies’: An Unintended Legacy of United Nations Peace Support Operations
  • Madhav Joshi, Sung Yong Lee & Roger Mac Ginty, Just How Liberal Is the Liberal Peace?
  • Maria do Céu Pinto, A Small State's Search for Relevance: Peace Missions as Foreign Policy

NYU Hauser Globalization Colloquium for Fall 2014

Here's the schedule for this fall's New York University School of Law Hauser Globalization Colloquium:
  • September 10, 2014: Harold Hongju Koh (Yale Univ. – Law), How to End the Forever War? 9/11+13
  • September 24, 2014: Robert Chesney (Univ. of Texas – Law), The Paradigm of Legitimate Participation in War: On the Origins and Evolution of a Troubled Concept
  • October 1, 2014: Gregory McNeal (Pepperdine Univ. – Law), War Against Translational Crime?
  • October 8, 2014: David Cole (Georgetown Univ. – Law), The Spirit of Liberty: Civil Society, Constitutional Law, and the War on Terror
  • October 15, 2014: Steve Vladeck (American Univ. – Law), Military Courts and Article III
  • October 22, 2014: Ashley Deeks (Univ. of Virginia – Law), An International Legal Framework for Surveillance
  • October 29, 2014: Jennifer Daskal (American Univ. – Law), Data's Un-territoriality
  • November 12, 2014: Deborah Pearlstein (Yeshiva Univ. – Cardozo Law School), Illegal But Legitimate Use of Force? Considering the Case for Permissive Imminence in Self-Defense
  • November 19, 2014: Michael Schmitt (U.S. Naval War College), Tallinn 2.0: The International Law of Cyber Conflict

Papastavridis & Trapp: Crimes at Sea / La criminalité en mer

Efthymios D. Papastavridis (Univ. of Thrace - Law; Academy of Athens) & Kimberley N. Trapp (Univ. College London - Law) have published Crimes at Sea /La criminalité en mer (Brill | Nijhoff 2014). The table of contents is here. Here's the abstract:
With the increasing sophistication of transnational criminal organization, coupled with globalization and its heavy dependence on maritime transport, the suppression of criminality at sea has again become a priority on the international community’s agenda. The theme at the heart of this volume is therefore Crimes at Sea — an issue of both great practical importance and academic interest. This work is the fruit of the 2012 session of the Hague Academy Centre for Studies and Research in International Law and International Relations — collectively, the fourteen chapters in this volume underscore the common challenges in international co-operation at the legal level with respect to crimes at sea and identify a number of the potential strengths and shortcomings of the applicable international law. There is a wide breadth of subject matters addressed in this volume, some focusing on particular crimes at sea, others on the general international legal framework within which responses to criminality at sea operate. Throughout the volume, there is a common theme of regime interaction — exploring the limits and efficiencies resulting from the overlapping applicability of human rights law, international criminal law, the law of State responsibility and the UN Charter regime. The contributions both illustrate and clarify the significant links between these legal regimes which support the fight against crimes at sea.

Kranrattanasuit: ASEAN and Human Trafficking: Case Studies of Cambodia, Thailand, and Vietnam

Naparat Kranrattanasuit (Mahidol Univ. - Institute of Human Rights and Peace Studies) has published ASEAN and Human Trafficking: Case Studies of Cambodia, Thailand, and Vietnam (Brill | Nijhoff 2014). Here's the abstract:

Trafficking in persons is a serious crime that affects the human rights, dignity and integrity of all its victims including women, men, and children in the Association of Southeast Asia Nation (ASEAN) region. ASEAN has made efforts to fight human trafficking through inter alia the establishment of regional counter-human trafficking laws and human rights bodies to establish best norms and practices for its member countries. Nevertheless, the International Labour Organization (ILO) recently declared that there are more than 11.7 million forced labor victims in the Asia-Pacific region encompassing the biggest concentration of forced labour victims in the world.

This volume reviews the achievements and the deficiencies of ASEAN’s counter-human strategies at the national and regional level. It offers suggestions for the reform of ASEAN's anti-trafficking laws and for the creation of a regional anti-trafficking human rights body specialized in preventing human trafficking, promoting equal protection of all trafficking victims, and prosecuting human traffickers.

Workshop: Transnational Standards in the Domestic Legal Order: Authority and Legitimacy

On October 24, 2014, the University of Amsterdam and its research project Architecture of Postnational Rulemaking will host a workshop on "Transnational Standards in the Domestic Legal Order: Authority and Legitimacy." The program is here. Here's the idea:

The decline of sovereign states in global governance was accompanied by the expansion of transnational standard-setting bodies, which are not part of treaty-based institutions. The standard-setting in these bodies is led not only by governmental regulators, but also by industry representatives and scientific experts.

These bodies’ transnational standards permeate national standards, domestic statutes, administrative instruments, and judicial decisions. The interactions between transnational standards and the domestic legal order have significantly evolved, and reduced regulatory fragmentation across states without the rigidity of concluding any formal international treaties.

The evolving interactions between transnational standards and the domestic legal order give rise to the fundamental questions about authority and legitimacy. Extensive studies have already been produced on the role of transnational standard-setting bodies. Much less recognized are the interactions of transnational standards with the domestic legal order. Given that the regulatory significance of transnational standards often depends on domestic acceptance, it is important to examine the queries of how the authority of transnational standards is constituted at the domestic level, and whether the authority is legitimate.

Against this background, the workshop will address the evolving interactions between transnational standards and the domestic legal order, particularly from the following three angles:

* Transnational standards in domestic legal practices

* Authority of transnational standards

* Legitimacy of transnational standards

Sunday, September 14, 2014

Kellman: MH17 and the Missile Threat to Aviation

Barry Kellman (DePaul Univ. - Law) has posted an ASIL Insight on MH17 and the Missile Threat to Aviation.

New Issue: Journal of Human Rights

The latest issue of the Journal of Human Rights (Vol. 13, no. 3, 2014) is out. Contents include:
  • Special Issue: Not Such an International Human Rights Norm? Local Resistance to Lesbian, Gay, Bisexual, and Transgender Rights
    • Cai Wilkinson & Anthony J. Langlois, Preliminary Comments
    • Michael J. Bosia, Strange Fruit: Homophobia, the State, and the Politics of LGBT Rights and Capabilities
    • Momin Rahman, Queer Rights and the Triangulation of Western Exceptionalism
    • Karen Zivi, Performing the Nation: Contesting Same-Sex Marriage Rights in the United States
    • Anthony J. Langlois, Human Rights, “Orientation,” and ASEAN
    • Katherine Browne & Catherine J. Nash, Resisting LGBT Rights Where “We Have Won”: Canada and Great Britain
    • Phillip M. Ayoub, With Arms Wide Shut: Threat Perception, Norm Reception, and Mobilized Resistance to LGBT Rights
    • Cai Wilkinson, Putting “Traditional Values” Into Practice: The Rise and Contestation of Anti-Homopropaganda Laws in Russia

Saturday, September 13, 2014

Call for Papers: Responsibility to Protect in Theory and Practice

The Faculty of Law of the University of Ljubljana has issued a call for papers for a conference on "Responsibility to Protect in Theory and Practice." The deadline is tomorrow, Sunday, September 14, 2014. Here's the call:

CALL FOR PAPERS AND POSTERS

Faculty of Law, University of Ljubljana invites abstract submissions for consideration for a second edition of a two day international interdisciplinary scientific conference entitled Responsibility to Protect in Theory and Practice Conference. This is an opportunity for scholars in fields of law, political science, military and other fields to engage in an interdisciplinary academic debate on the concept of Responsibility to Protect (RtoP). The conference will be held in Ljubljana, Slovenia on April 23 - 24, 2015.

Abstracts for papers must be no longer than 500 words in length and the abstracts for posters should be no longer than 300 words in length.

All abstracts should be submitted by Sunday, September 14, 2014 through email to R2P@pf.uni-lj.si. The submission must include the name and title of the author, position, name and address of the current institution of employment, and a short biography of maximum of ten lines. Please write the abstracts in third person (e.g. “the author believes …” instead of “I believe …” and “the article discusses …” instead of “I will discuss …”).

Successful applicants will be informed by the end of September 2014. The presentation at the conference is subject to the receipt of the paper and panelist registration fee in the amount of 100 EUR. The authors selected for presentation of their papers at the conference will be expected to submit completed papers with maximum 8,000 words in length by Sunday, December 14, 2014. The selected papers will be included in a conference book, published ahead of the conference and available to all the conference participants on April 23, 2015.

Travel and accommodation costs will have to be carried by the authors of the selected papers and poster presentations themselves. Please address any further enquiries to R2P@pf.uni-lj.si.

Conference Chair: Dr Vasilka Sancin, Director of the Institute of International Law and International Relations at the Faculty of Law, University of Ljubljana

Conference Coordinator: Maša Kovič Dine

Turgis: La justice transitionnelle en droit international

Noémie Turgis has published La justice transitionnelle en droit international (Bruylant 2014). Here's the abstract:

La justice transitionnelle vise à tirer les conséquences de violations graves des droits de l’homme commises durant un régime répressif ou un conflit armé, sans remettre en cause l’équilibre instable de la société au moment de la transition, afin de restaurer la confiance dans le droit et les institutions et promouvoir la transformation vers un État de droit démocratique à même de prévenir la récurrence de ces violations. Tandis que la pression (normative et sociétale) est particulièrement forte durant la transition pour que les responsables soient amenés à rendre des comptes, ces États ne sont souvent pas en mesure de remplir leurs obligations liées à la commission de crimes de droit international et de respecter les standards internationaux pertinents. Les paramètres transitionnels sont en effet particulièrement contraignants et dictent la physionomie des stratégies de justice susceptibles d’être déployées.

- Quelle est alors la place du droit international dans la justice transitionnelle ?

- L’équilibre recherché entre la pression normative internationale et les contraintes caractéristiques de cette période a-t-il trouvé une forme de reconnaissance en droit international ?

L’étude de la résolution progressive des problématiques de cette justice révèle la mise en œuvre d’un régime juridique spécifique, reflet d’une approche intérimaire de mise en conformité avec les règles pertinentes du droit international. Elle se concrétise par le recours à des mesures variées (pénales ou alternatives) déployées dans une démarche globale et inclusive, caractéristique d’une méthodologie propre à la justice transitionnelle.

À travers l’analyse des éléments clés de la justice transitionnelle et de ses interactions avec le droit international, l’ouvrage fournit une analyse globale des problématiques de la justice transitionnelle et des difficultés principales rencontrées par les protagonistes de la transition dans la mise en place d’une stratégie de justice destinée à tirer les conséquences du passé.

Friday, September 12, 2014

Talmon: The (Not So) 'Sacred' Word of an Italian Ambassador and Diplomatic Immunity for Contempt of Court

Stefan A.G. Talmon (Univ. of Bonn - Law) has posted The (Not So) 'Sacred' Word of an Italian Ambassador and Diplomatic Immunity for Contempt of Court (Indian Journal of International Law, forthcoming). Here's the abstract:

The Enrica Lexie case, concerning the death of two Indian fishermen off the southern Indian coast of Kerala after they were shot by two Italian marines in an alleged anti-piracy action to protect the Italian oil tanker "M.V. Enrica Lexie", has given rise to an interesting question of international diplomatic law: are proceedings for contempt of court permissible against diplomatic agents?

In February 2013, the Italian Ambassador to India submitted an affidavit to the Indian Supreme Court in the proceedings against the marines. A difficult situation arose when a few weeks later the Italian Government expressly announced that it would be acting contrary to the ambassador’s affidavit. The Indian Supreme Court, in response, adopted an order restraining the ambassador from leaving India. Only a last minute decision of the Italian Government to act in line with the ambassador’s sworn statement defused the situation.

The Indian Supreme Court treated the announcement of the Italian Government that it would not act in accordance with the affidavit as a breach of an undertaking given to the Court by the Italian Ambassador giving rise to sanctions for contempt of court.

The paper sets out the facts of the incident by way of a detailed diplomatic case study and examines whether the submission of an affidavit by diplomatic agents precludes them from invoking immunity from jurisdiction in respect of contempt proceedings connected with the affidavit and whether submission of an affidavit amounts to a valid waiver of diplomatic immunity. It shows that diplomatic immunity constitutes an absolute shield against contempt proceedings.

The paper also probes the legality of the Indian Supreme Court’s restraining order and concludes that, while the action of the Italian Government showed wanton disregard for the authority of India’s highest court, this did not give the Indian Supreme Court or the Indian Government any right to prohibit the Italian Ambassador from leaving the country. The only remedy available in case of contempt of court is for the Indian Government to declare the diplomatic agent persona non grata.

Papastavridis: The Interception of Vessels on the High Seas

Efthymios Papastavridis (Univ. of Thrace - Law; Academy of Athens) has published The Interception of Vessels on the High Seas: Contemporary Challenges to the Legal Order of the Oceans (Hart Publishing 2014). Here's the abstract:
The principal aim of this book is to address the international legal questions arising from the 'right of visit on the high seas' in the twenty-first century. This right is considered the most significant exception to the fundamental principle of the freedom of the high seas (the freedom, in peacetime, to remain free of interference by ships of another flag). It is this freedom that has been challenged by a recent significant increase in interceptions to counter the threats of international terrorism and WMD proliferation, or to suppress transnational organised crime at sea, particularly the trafficking of narcotics and smuggling of migrants. The author questions whether the principle of non-interference has been so significantly curtailed as to have lost its relevance in the contemporary legal order of the oceans. The book begins with an historical and theoretical examination of the framework underlying interception. This historical survey informs the remainder of the work, which then looks at the legal framework of the right of visit, contemporary challenges to the traditional right, interference on the high seas for the maintenance of international peace and security, interferences to maintain the 'bon usage' of the oceans (navigation and fishing), piracy j'ure gentium'and current counter-piracy operations off the coast of Somalia, the problems posed by illegal, unregulated and unreported fishing, interdiction operations to counter drug and people trafficking, and recent interception operations in the Mediterranean Sea organised by FRONTEX.

Call for Submissions: Spanish Yearbook of International Law

The Spanish Yearbook of International Law has issued a call for submissions for its forthcoming volume. Here's the call:
The editors welcome submissions from all members of the academic community for consideration for the General Articles and Spanish Practice section, subject to peer review. Our Call for Papers for Vol. 18 is now open. Manuscripts dealing with any topic of interest in the field of Public and Private International Law and International relations should be submitted to the editors by 31 October 2014. The manuscripts shall compulsory conform to the Style Guide of the SYbIL (available here). Please, remember that your manuscript MUST be submitted to the Editor’s email address at editor@sybil.es. Please, do not use any other email address.

New Issue: Journal of International Peacekeeping

The latest issue of the Journal of International Peacekeeping (Vol. 18, nos. 1-2, 2014) is out. Contents include:
  • Jena McGill, Survival Sex in Peacekeeping Economies
  • Malte Brosig & Dimpho Motsamai, Modeling Cooperative Peacekeeping
  • Ashly Adam Townsen & Bryce W. Reeder, Where Do Peacekeepers Go When They Go?
  • Abiodun Bashua, Challenges and Prospects of AU-UN Hybrid Operations
  • Emily K. Maiden, Transformative Peace in the Democratic Republic of the Congo

Lieblich & Benvenisti: An Administrative Law Approach to the Problem of Autonomous Weapons Systems

Eliav Lieblich (Interdisciplinary Center - Radzyner School of Law) & Eyal Benvenisti (Tel Aviv Univ. - Law) have posted An Administrative Law Approach to the Problem of Autonomous Weapons Systems. Here's the abstract:
This paper analyzes the current problematic discourse on the legality of autonomous weapons system (“killer robots”) under international law, and seeks to offer a novel prism through which to discuss the challenges such systems pose, namely the view that modern warfare is as an exercise of administrative action. Most wars nowadays are fought between state and non-state actors, and armed violence is limited neither spatially nor temporally. In virtually all instances where autonomous weapons are likely to be deployed, advanced militaries will engage non-accountable non-state actors, operating within an unprotected civilian population in failing states or territories. Mainly in such situations, the deployment of autonomous weapons can be analyzed in light of basic principles of administrative law, such as the duty to exercise discretion before acting and the right to a due process. As we demonstrate, these principles are compromised when the power to make “decisions” that affect basic rights are transferred to computer systems.

Thursday, September 11, 2014

New Issue: Virginia Journal of International Law

The latest issue of the Virginia Journal of International Law (Vol. 54, no. 2, Winter 2014) is out. Contents include:
  • T. Alexander Aleinikoff & Stephen Poellot, The Responsibility to Solve: The International Community and Protracted Refugee Situations
  • Matiangai V.S. Sirleaf, Beyond Truth and Punishment in Transitional Justice
  • Tomer Broude & Holger P. Hestermeyer, The First Condition of Progess? Freedom of Speech and the Limits of International Trade Law
  • James Kraska, Legal Vortex in the Strait of Hormuz

Call for Papers: The Transnational in International Law (Reminder)

As noted previously, the Working Group of Young Scholars in Public International Law has issued a call for papers for a conference on "The Transnational in International Law," to take place at the University of Bremen on March 25-27, 2015. Here's the call:

Call for Papers

International Interdisciplinary Conference

Working Group of Young Scholars in Public International Law

The Transnational in International Law

University of Bremen

25 ‒ 27 March 2015

International legal scholarship has since long tried to comprehend the diversifica-tion of actors, rules, and authorities in international law. Almost 60 years ago, Philip Jessup, who was later appointed as a judge at the International Court of Justice, developed the idea of a “transnational law”, including “all law which regulates actions or events that transcend national frontiers”. His approach aimed at substitut-ing and expanding the traditional notion of international law which used to be confined to inter-state relations. Recently, similar approaches have regained significance in analyzing the impact of what is commonly called globalization on the law. It still remains unclear, however, how such approaches affect the conventional concepts, instruments, and methods of international law.

To grasp the alleged transformation of international law is all the more difficult since the notion of transnationalism, or transnationalization, is employed in various meanings with regard to the law. At the outset, two conceptions may be dis-tinguished. According to a more comprehensive understanding, transnationalization of law denotes the intertwinement and interaction of different legal actors or orders (state, sub-state, inter-state, supra-state, non-state). Pursuant to narrower conception, by contrast, transnationalization of law only points to the inclusion of non-state actors in regulating cross-border issues. Both notions are not mutually exclusive. They depart from the shared observation that the law regulating cross-border issues has become more complex than ever before. Law-making authority is no longer solely claimed by states, but also by international and supranational organizations as well as non-state actors. In the resulting plurality of actors, fora, norms, and implementation procedures, the relationship of the different constituencies is not always clearly defined.

Against this background, the conference seeks to explore the significance of the concept of transnationalism within and beyond international law. On the one hand, it intends to define and demarcate the potential and limits of the concept of transnationalism in law. On the other hand, it strives to inquire into the conse-quences of a possible transnationalization for international law. From an empirical perspective, it calls upon to ascertain the remaining role of the state in cross-border regulation. From a normative perspective, it invites to argue whether the state deserves any preponderance as a resource of legitimacy in global governance.

The general subject allows for various topics and approaches. Empirical, normative, and legal-dogmatic contributions are equally welcome. Interdisciplinary studies would be particularly helpful, especially from the fields of history, sociology, philosophy, and economics. Possible subjects may include:

    Concepts
    What does transnationalism, or transnationalization, mean with regard to inter-national law? How does the transnationalization of law affect the concepts, in-struments, and methods of international law?
    Legality
    Against which rules and principles of law is the action of transnational corpora-tions and arbitration panels to be scrutinized? Are non-state actors bound by human rights?
    Legitimacy
    Under what conditions may the practice of international institutions which inter-pret their competencies and legal instruments dynamically be deemed legitimate? Does the participation of non-governmental institutions enhance or impair the le-gitimacy of law-making processes across borders?
    Coordination
    In which way may the interaction of different legal orders and actors be regulat-ed? How can conflicts of norms be solved?

The two-day conference will take place at the Center for Transnational Studies of the University of Bremen from 25 until 27 March 2015. It is supposed to provide a forum of dialogue between junior and senior researchers. Therefore, established professors will comment on the contributions of younger scholars (advanced doc-toral and post-doctoral stages). Proposals for papers of no more than 500 words and a short CV should be submitted to Transnational_Law@gmx.com by 31 October 2014. Selected participants will be notified by 30 November 2014. Elaborated papers of no more than 10.000 words (including footnotes) are expected by 28 February 2015. Expenses for travel and accommodation will be covered to a certain extent.

Organizing committee: Dr. Anuscheh Farahat, LL.M. (Max Planck Institute for Comparative Public Law and International Law Heidelberg), Dr. Birgit Peters, LL.M. (Westfälische Wilhelms-Universität Münster), Dr. Lars Viellechner, LL.M. (Humboldt-Universität zu Berlin).

Submission of abstracts: 31 October 2014 (max. 500 words, to: Transnational_Law@gmx.com)

Notification of participants: 30 November 2014

Submission of papers: 28 February 2015 (max. 10.000 words)