New Issue: Journal of the History of International Law

The latest issue of the Journal of the History of International Law / Revue d'histoire du droit international (Vol. 9, no. 1, 2007) is out. Contents include:

• Gregory M. Reichberg, Preventive War in Classical Just War Theory
• Scott Andrew Keefer, Building the Palace of Peace: The Hague Conference of 1907 and Arms Control before the World War
• Shirley V. Scott, The Question of UN Charter Amendment, 1945-1965: Appeasing "the Peoples"
• Frédéric Blaive & Dominique Gaurier, Les mythes indo-européens sources du droit international public dans l'Antiquité

IMF: Resignation of Rodrigo de Rato

Rodrigo de Rato, Managing Director of the International Monetary Fund, announced yesterday that he will be resigning his position in October, approximately twenty months before his five-year term expires. Traditionally, the IMF Managing Director has been a western European national, chosen by those countries, just as the President of the World Bank has been a U.S. national chosen by the United States. This arrangement has been increasingly assailed over the past decade, including most recently during the selection of Paul Wolfowitz's successor at the Bank. Nonetheless, the European Union has already indicated that it continues to believe that the appointment of the Managing Director is its to make.

Buchheit, Gulati, & Thompson: The Dilemma of Odious Debts

Lee C. Buchheit (Cleary Gottlieb Steen & Hamilton), G. Mitu Gulati (Duke - Law), & Robert B. Thompson (Vanderbilt - Law & Management) have published The Dilemma of Odious Debts (Duke L.J., Vol. 56, no. 5, Mar. 2007). Here's the abstract:

When a corrupt governmental regime borrows money in the name of the state, and then steals or squanders the proceeds, must the future citizens of that country repay the loan? The law says yes, but the moral instinct of most people says no.

The odious debt controversy is, at base, a struggle to find a workable legal doctrine that will avoid a morally repugnant result (visiting the sins of corrupt governors on innocent citizens), without undermining the legal basis of all sovereign borrowing. No counterparty, at least no commercial counterparty, would lend money to a sovereign believing that the loan was personal to the administration that contracted it, and could legally be disavowed following the next election, the next revolution or the next coup d'etat. One possible solution is to craft a doctrine of public international law that would relieve successor regimes from the legal obligation to repay the debts incurred by their odious predecessors. This would be a formidable task and there are others who have already set out on it. We propose a less dramatic step - asking whether a successor regime, if sued on an "odious" loan, might have available defenses founded in existing doctrines of domestic law.

New ICTY Prosecutor

It is being reported that Serge Brammertz, a Belgian national who leads the United Nations International Independent Investigation Commission (the Hariri inquiry) and was, until his resignation two weeks ago, the Deputy Prosecutor for Investigations of the International Criminal Court, will replace Carla Del Ponte as Chief Prosecutor of the International Criminal Tribunal for the Former Yugoslavia. Though her term ends in September, Del Ponte will likely continue in office until December so that Brammertz can finish his work with the Commission. This is a strong appointment, since the ICTY requires, as it nears the completion of its work, a Chief Prosecutor who can take the reins without the need for on the job training in the doctrinal complexities of international criminal law and the difficult practicalities of international criminal prosecutions.

New Issue: Zeitschrift für ausländisches öffentliches Recht und Völkerrecht

The latest issue of the Zeitschrift für ausländisches öffentliches Recht und Völkerrecht (Vol. 67, no. 1, 2007) is out. Contents include:

• Helen Keller & Magdalena Forowicz, A New Era for the Supreme Court After Hamdan v. Rumsfeld?
• Jan Scheffler, Das französische Verfassungsverständnis angesichts der Anforderungen des EG/EU-Rechts
• Roberto Lavalle, A Politicized and Poorly Conceived Notion Crying Out for Clarification: The Alleged Need for a Universally Agreed Definition of Terrorism
• Matthias Reuß & Jakob Pichon: The European Union’s Exercise of Jurisdiction Over Classification Societies - An International Law Perspective on the Amendment of the EC “Directive on Common Rules and Standards for Ship Inspection and Survey Organisations and for the Relevant Activities of Maritime Administrations”
• Michael Byers, Internationales Recht und internationale Politik in der Nordwestpassage: Konsequenzen des Klimawandels
• Daniel Pavón Piscitello & Gabriel Eugenio Andrés, The Conflict Between Argentina and Uruguay Concerning the Installation and Commissioning of Pulp Mills Before the International Court of Justice and MERCOSUR
• Livingston Armytage, Justice in Afghanistan - Rebuilding Judicial Competence After the Generation of War
• Jürgen Friedrich, Carbon Capture and Storage: A New Challenge for International Environmental Law
• Maximilian Malirsch & Florian Prill, The Proliferation Security Initiative and the 2005 Protocol to the SUA Convention

New Issue: Revue de Droit International et de Droit Comparé

The latest issue of the Revue de Droit International et de Droit Comparé (Vol. 84, no. 1, 2007) is out. Contents include:

• S.A. Aldeeb Abu-Sahlieh, La personnalité des lois en Turquie et en Egypte
• S. Bechet, Le lieu de l'arbitrage
• R. Nevry, La révocation des dirigeants des sociétés commerciales: droit OHADA, droit français

New Issue: Berkeley Journal of International Law

The latest issue of the Berkeley Journal of International Law (Vol. 25, no. 1, 2007) is out. Contents include:

• David R. Andrews, International Rule of Law Symposium: Introductory Essay
• Katharina Pistor, Advancing the Rule of Law: Report on the International Rule of Law Symposium Convened by the American Bar Association
• Challenges of Promoting the Rule of Law: Opening Remarks
• Condoleezza Rice, Remarks
• Andrew S. Natsios, Remarks
• The Role of the Judiciary: Panel Discussion with United States Supreme Court Justices Participants
• Hillary Rodham Clinton, Remarks
• Launching a Global Rule of Law Movement: Next Steps

Muller, Kalin, & Goldsworth: Anti-Money Laundering: International Law and Practice

Wouter H. Muller (Henley & Partners, Zurich), Christian H. Kälin (Henley & Partners, Zurich), & John G. Goldsworth (Henley & Partners, Jersey) have published Anti-Money Laundering: International Law and Practice (Wiley 2007). Here's the abstract:

Anti-Money Laundering is the definitive reference on money laundering and practice. First an outline will be given of the general approach taken by supra-national organisations like the United Nations and the European Council. Next the approach taken by international organisations and initiatives on the basis of the supra-national initiatives will be outlined by senior members of those organisations. A number of countries will then describe their specific prevention legislation. Countries involved will all be member-countries of the FATF (Financial Action Task Force on Money Laundering). Finally there will be an overview to enable the reader to make a comparison between the most important topics of money laundering legislation and rules in the different countries.

Christians: Hard Law and Soft Law in International Taxation

Allison Christians (Wisconsin - Law) has posted Hard Law and Soft Law in International Taxation (Wisc. Int'l L.J., forthcoming). Here's the abstract:

Why do countries follow the rules they do for international taxation? Tax scholarship is increasingly using terms like hard law and soft law to explain the degree of global adherence to various tax practices. In this brief essay, I make the case that terms we use are important because they convey something about how tax norms are being formed and how nations will or should behave in response. Using a term such a customary or soft law may connote a method by which key players working within transnational networks achieve supranationalization of particular tax norms outside of conventional mechanisms (e.g., treaties). As such, the description is an important signal about expectations for participation, inclusiveness, and compliance in the development and diffusion of international tax law.

Wu, Dyson, Froomkin, & Gross: On the Future of Internet Governance

Tim Wu (Columbia - Law), Esther Dyson (founding Chair, ICANN), A. Michael Froomkin (Miami - Law), & David A. Gross (U.S. Dep't of State) have posted On the Future of Internet Governance (Am. Soc'y Int'l L. Proceedings, forthcoming). Here's the abstract:

These proceedings represent the perspectives and views of several experts and participants in the Internet Governance and ICANN process of the late 1990s and early 2000s.

Call for Papers: Annual Meeting of the American Society of International Law

The program committee for the 2008 Annual Meeting of the American Society of International Law is accepting panel proposals. Submissions are due July 9, 2007. The meeting's theme is "The Politics of International Law"; here's the theme statement:

Politics and policy are interwoven with international law. The relationship between the two is reciprocal. While politics influence international law, international law also influences domestic and international politics. Critics contend that international law is really the deployment of power politics, and that resolving disputes under the auspices of international law in a judicialized forum serves only to “launder” the rule of the powerful. Admirers of internationalism and international institutions, on the other hand, contend that the legalization of power has a civilizing effect that leads to some of the most effective forms of law-making, ranging from good governance standards promulgated by the IMF or the World Bank to sanctions imposed under Security Council authority.

Is there international law that stands separate from politics? International institutions, from the WTO to the World Bank, from the ICC to the World Court, are creatures of politics as well as law. The decisions of governments to participate in those organizations or other international law initiatives are often based on domestic politics – one thinks of the Kyoto Protocol and the International Criminal Court. Yet the politics of international law are not only a reflection of domestic concerns. As international law becomes more pervasive and intrusive on previously sovereign domains, and as international institutions wield more influence, more people are examining and questioning the politics of those institutions.

The Society’s exploration of the relationship between international law and politics comes at a time of political change. 2007 and 2008 bring elections and potential new leadership in four of the five permanent Security Council member states. What attitudes will these political leaders have towards international law, and what reactions in other leaders will those attitudes provoke? And how will changes in the domestic political landscape of these and other countries affect the future formulation and implementation of international law? The 2008 ASIL Annual Meeting will address these and other related issues in a series of over thirty sessions featuring leading practitioners, scholars, and government officials.

New Issue: International Lawyer

The latest issue of The International Lawyer (Vol. 41, no. 2, Summer 2007) is out. This issue contains the American Bar Association Section of International Law's eleventh annual review of international legal developments, covering the year 2006.

New Issue: Mealey's International Arbitration Report

The latest issue of Mealey's International Arbitration Report (Vol. 22, no. 6, June 2007) is out.

New Volume: Japanese Annual of International Law

The latest volume of The Japanese Annual of International Law (Vol. 49, 2006) is out. Contents include:

• Kaoru Obata, Historical Functions of Monism with Primacy of International Law - A View Based on the Japanese Experience during the Early Period of the Allied Occupation
• Dai Yokomizo, Japanese Blocking Statute against the U.S. Anti-Dumping Act of 1916
• Yoshihiro Masui, Overhaul of the Japan-US Tax Treaty in 2003
• Kazuhiro Nakatani, Bilateral Air Agreements and Japan

New Issue: Journal of International Arbitration

The latest issue of the Journal of International Arbitration (Vol. 24, no. 3, June 2007) is out. Contents include:

• I-Ching Tseng, Factors Affecting the Choice of Dispute Resolution Methods in Japan (with an Emphasis on Arbitration)
• Francisco González de Cossío, The Compétence-Compétence Principle, Revisited
• Alexandr Svetlicinii, Enforcement of Foreign Arbitral Awards in the Republic of Moldova - Evolution of the Pro-Arbitration Policy in the Case Law of the Supreme Court of Justice
• Stephan W. Schill, International Investment Law and the Host State's Power to Handle Economic Crises - Comment on the ICSID Decision in LG&E v. Argentina
• Walid Ben Hamida, Two Nebulous ICSID Features: The Notion of Investment and the Scope of Annulment Control - Ad Hoc Committee's Decision in Patrick Mitchell v. Democratic Republic of Congo

Treaty Transmittal: Tax Convention with Belgium

On June 21, the President transmitted a Tax Convention with Belgium (Treaty Doc. 110-3) to the Senate for its advice and consent to ratification.

New Issue: Journal of World Trade

The latest issue of the Journal of World Trade (Vol. 41, no. 3, June 2007) is out. Contents include:

• Igor I. Kavass, WTO Accession: Procedure, Requirements and Costs
• Henning M. Grosse & Ruse-Khan, The Role of Chairman's Statements in the WTO
• Yuhong Zhao, Overcoming "Green Barriers": China's First Five Years Into the WTO
• Johan Paul Lindeque, A Firm Perspective of Anti-dumping and Countervailing Duty Cases in the United States
• Won-Mog Choi, Legal Analysis of Korea-ASEAN Regional Trade Integration
• Antonis Antoniadis, Unilateral Measures and WTO Dispute Settlement: An EC Perspective
• Susan Ariel Aaronson, A Match Made in the Corporate and Public Interest: Marrying Voluntary CSR Initiatives and the WTO

New Issue: American University International Law Review

The latest issue of the American University International Law Review (Vol. 22, no. 4, 2007) is out. Contents include:

• Stephen G. Breyer, The Present and Future of the European Court of Human Rights: Introduction of President Luzius Wildhaber
• Luzius Wildhaber, The European Court of Human Rights: The Past, the Present, the Future
• Philippe Kirsch, The Role of the International Criminal Court in Enforcing International Criminal Law
• Daniel B. Garrie & Rebecca Wong, Regulating Voice over Internet Protocol: An E.U./U.S. Comparative Approach
• Sandra L. Hodgkinson, Edward Cook, Thomas Fichter, Christian Fleming, Jonathan Shapiro, Jon Mellis, Brandon Boutelle, Stephen Sarnoski, & Gregory P. Noone, Challenges to Maritime Interception Operations in the War on Terror: Bridging the Gap