The issue of State Succession continues to be a vital, and complex, focal point for public international lawyers. The formative period of decolonization marked, for many, the time when international law 'came of age', when the promises of the UN Charter would be realized in an international community of sovereign peoples. Throughout the 1990s a series of territorial adjustments placed succession once again at the centre of international legal practice, in new contexts that went beyond the traditional model of decolonization: the disintegration of the Soviet Union, Yugoslavia and Czechoslovakia, and the unifications of Germany and Yemen brought to light the continued difficulties and inconsistencies in the core issues within the law of succession.
Why have attempts to codify the practice of succession met with so little success? Why has succession remained so problematic a feature of international law? This book argues that the answers to these questions lie in the political backdrop of decolonization and self-determination, that the tensions and ambiguities that run throughout succession are understood by looking at the relationship between discourses on state succession, decolonization, and imperial ambition within the framework of international law.
Saturday, February 9, 2008
Friday, February 8, 2008
- Slim Laghmani (Univ. of Tunisia - Legal, Political and Social Sciences), Course on Basic Issues: Is Voluntarism the Foundation of International Law Yet?
- Georg Nolte (Univ. of Munich - Law), The Contribution of the Venice Commission of the Council of Europe to the Clarification of International Law
- Antonio Fernández Tomás (Univ. of Castilla La Mancha - Law), Energetic Dependency and International Law: from Permanent Sovereignty to Illegal Exploitation
- Jean Michel Arrighi (Organization of American States, Department of International Legal Affairs), The Role of the Organization of America States in Defence of Democracy
- Charles Leben (Univ. of Paris II - Law), The State and the International Legal Order: Some Questions on the Theory of Law
- Rosario Huesa Vinaixa (Univ. of the Balearic Islands - Law), The Unilateral Suspension of the International Treaties: Current Problems
- Claudio Zanghi (Univ. La Sapienza of Rome - Law), The Diplomatic Protection: Recent Trends of a Classical Institution
- Regionalising International Criminal Law
- William A. Schabas, Regions, Regionalism and International Criminal Law
- Richard Burchill, International Criminal Tribunals at the Regional Level: Lessons from International Human Rights Law
- Steven Freeland, The Internationalization of Justice - A Case for the Universal Application of International Criminal Law Norms
- Regina E. Rauxloh, Regionalisation of the International Criminal Court
- John Hopkins, What’s Wrong with Regionalising International Criminal Law?
- Articles and Commentaries
- Roger S. Clark, Possible Amendments for the First ICC Review Conference in 2009
- Claire Charters, The Road to the Adoption of the Declaration on the Rights of Indigenous Peoples
- Hine-Wai Loose, 2005 - Year of the Nuclear Non-Proliferation Treaty - But What Happened to Nuclear Disarmament?
- Amokura Kawharu, Public Participation and Transparency in International Investment Arbitration: Suez v Argentina
- Claire Nielsen, The Executive Treaty-making Prerogative: A History and Critique
- Peter Rowe, Non-International Armed Conflict and the European Court of Human Rights: Chechnya from 1999
- The South Pacific
- Joanna Mossop, Regional Environmental Organisations under the Pacific Plan
- Ailsa Ceri Warnock, "The Sea is Our Very Close Neighbour . . . " Small Island Developing States of the Pacific and Climate Change: Adaptation and Alternatives
- Tony Angelo, Commentary on the Pacific Islands Forum 2005-2006
- Bob Hughes, Commentary on South Pacific Countries 2006
- Antarctica and the Southern Ocean
- Trevor Hughes, CCAMLR in the Antarctic Treaty System: New Zealand’s Initiative at ATCM XXIX
Catherine Kessedjian (Univ. of Paris II, Panthéon-Assas - Law) will give a talk today at the New York University School of Law Institute for International Law and Justice Friday Speaker Series on "The Implication for International Rule Making of the Choice of Arbitration to Solve Disputes - The Example of Investment Law."
Richard Plender (20 Essex Street, London) will give a talk today at the University of Cambridge Lauterpacht Centre for International Law Lent Term Lecture Programme on "The ECJ's Decision in the MOX Plant Case and Its Implications."
Beth Simmons (Harvard Univ. - Government) will give a talk today at the University of Georgia School of Law International Law Colloquium on "Theories of Commitment."
Thursday, February 7, 2008
- Louise Arbour, Economic and Social Justice for Societies in Transition
- Tony Cole, Commercial Arbitration in Japan: Contributions to the Debate on Japanese Non-Litigiousness
- C. Cora True-Frost, The Security Council and Norm Consumption
In the 1920 case Missouri v. Holland, Justice Oliver Wendell Holmes famously declared, “We must consider what this country has become in considering what [the Tenth] Amendment has reserved.” The Supreme Court upheld the federal government’s ability to regulate, through exercise of the Treaty Power, activity that otherwise would be reserved to the states. During the era when the Court adopted an expansive view of Congress’ ability to regulate through the Commerce Clause, the import of Missouri v. Holland receded. But as the Court has increasingly cabined the scope of the Commerce Clause, and in a world where everything from the death penalty, to greenhouse gas emissions, to access to medical care has become the subject of multilateral treaty regimes, the ability of the federal government to invoke the Treaty Power in regulating the states is once again central to discussions of federalism in the United States.
This gathering of scholars will reexamine Missouri v. Holland and explore the intersection of federalism and international law from a variety of perspectives. The papers and commentary will address, among other topics, the following: Has increased global regulation altered the relationship between the states and the federal government in such a way as to require a fundamental reconsideration of Missouri v. Holland? Given the range of regulation now delegated to international organizations and courts, does federalism provide any limitations on the federal government’s foreign affairs powers? In a system of dual sovereignty, what are the limitations on state participation in international law making in areas such as the environment and human rights? What are the implications of multiple layers of governance for the development of domestic and international law?
Richard Stewart (New York Univ. - Law) will give a talk today at the New York University School of Law Institute for International Law and Justice International Legal Theory Colloquium on "Accountability, Participation, and the Problem of Disregard in Global Regulatory Governance."
Melissa Waters (Washington & Lee Univ. - Law) will give a talk today at the Temple University School of Law International Law Colloquia on "Veni, Vidi, Amici: Law Professors as Transnational Norm Entrepreneurs Before the U.S. Supreme Court."
Wednesday, February 6, 2008
- United Nations Security Council Resolution 1757: The Situtation in the Middle East, with introductory note by Olivia Swaak-Goldman
- United Nations General Assembly Declaration on the Rights of Indigenous Peoples; Supreme Court of Belize: Cal v. Attorney General, with introductory note by Saira Mohamed
- International Court of Justice: Case Concerning Territorial Sea and Maritime Dispute between Nicaragua and Hondorus in the Caribbean Sea (Nicaragua v. Honduras), with introductory note by Coalter Lathrop
- Eritrea Ethiopia Claims Commission Decision 7 Guidance Regarding Jus ad Bellum Liability, with introductory note by Susan A. Notar
- World Trade Organization: Canada First Notice to Manufacture Generic Drug for Export, with introductory note by Frederick Abbott
- International Centre for the Settlement of Investment Disputes: CMS v. Argentina Decision of the Ad Hoc Committee of the Application for Annulment of the Argentine Republic, with introductgory note by Chiara Giorgetti
- Ninth Circuit Court of Appeals: Cornejo v. San Diego, with introductory note by Chimène Keitner & Kenneth Randall
- Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES) Compliance Procedures, with introductory note by Cymie Payne
- International Tribunal for the Law of the Sea: The "Tomimaru" Case (Japan v. Russian Federation), with introductory note by Coalter Lathrop
Tuesday, February 5, 2008
The regulation of agricultural biotechnology (the use of genetically modified organisms, GMOs) is of great importance. Opponents maintain that it can irreparably harm the environment and threaten human health. Supporters contend that it can significantly increase food yields and enhance nutrition in a world where almost a billion people go hungry every day. Disputes over this technology threaten to trigger a trade war among the world's two economic powers, the United States and European Union, posing risks to the global economy and international relations. The World Trade Organization (WTO) provides a legal forum that addresses these politically-charged conflicts, but it suffers from challenges to its legitimacy.
Grounding itself in this regulatory conflict, this Article puts forward and applies a theoretical framework for understanding what international courts dom that of comparative institutional analysis. Comparative institutional analysis assesses the impacts of judicial interpretive choices in terms of their structural allocation of power to alternative institutions. The Article demonstrates how WTO judicial interpretive choices allocate institutional authority for addressing policy concerns to alternative institutional processes, including the market, political and administrative processes, and courts, at different levels of social organization, from the local to the global. These choices are particularly important in a pluralist world involving constituencies with different interests, priorities, perceptions and abilities to be heard.
This theoretical framework is essential from a positive perspective (for understanding the structural role that judicial decisions play), and from a normative one (for evaluating institutional alternatives). From a normative perspective, the Article demonstrates that we cannot meaningfully assess the attributes and deficiencies of one institutional process - beset by resource, informational and other asymmetries - without comparing it with other institutions that may be subject to similar (but never identical) dynamics. Each institutional decision-making process has its attributes and deficiencies in terms of the dynamics of participation within it, ultimately affecting who decides. From a structural perspective, the focus shifts from the question of what is being interpreted to the question of who is determining it. The Article shows how the WTO judicial process effectively allocates power from one institution to another, thus affecting who participates and how they participate in deciding which substantive goal(s) to pursue. By shifting authority among institutional alternatives, the WTO judicial process alters relations between who decides and affected publics.
The Article first lays out the comparative institutional analytic framework in relation to other leading approaches applied in the legal academy and in particular those of global constitutionalism, global pluralism/conflicts of laws, and global administrative law. It then demonstrates how to apply the framework through the WTO dispute over the regulation of GMOs.
Japan joined the League of Nations in 1920 as a charter member and one of four permanent members of the League Council. Until conflict arose between Japan and the organization over the 1931 Manchurian Incident, the League was a centerpiece of Japan’s policy to maintain accommodation with the Western powers. The picture of Japan as a positive contributor to international comity, however, is not the conventional view of the country in the early and mid-twentieth century. Rather, this period is usually depicted in Japan and abroad as a history of incremental imperialism and intensifying militarism, culminating in war in China and the Pacific. Even the empire’s interface with the League of Nations is typically addressed only at nodes of confrontation: the 1919 debates over racial equality as the Covenant was drafted and the 1931–1933 League challenge to Japan’s seizure of northeast China.
This volume fills in the space before, between, and after these nodes and gives the League relationship the legitimate place it deserves in Japanese international history of the 1920s and 1930s. It also argues that the Japanese cooperative international stance in the decades since the Pacific War bears noteworthy continuity with the mainstream international accommodationism of the League years.
Thomas Burkman sheds new light on the meaning and content of internationalism in an era typically seen as a showcase for diplomatic autonomy and isolation. Well into the 1930s, the vestiges of international accommodationism among diplomats and intellectuals are clearly evident. The League project ushered those it affected into world citizenship and inspired them to build bridges across boundaries and cultures. Burkman’s cogent analysis of Japan’s international role is enhanced and enlivened by his descriptions of the personalities and initiatives of Makino Nobuaki, Ishii Kikujirô, Nitobe Inazô, Matsuoka Yôsuke, and others in their Geneva roles.
The international legal order is dominated by a concern for security, whether national or individual, an explicit fear of the Other, towards whom one exists in no moral relation. Professor Carty offers an exit strategy from a world of fear to one of respect. He proposes that the current order be countered through a phenomenology of the person in community, following Paul Ricouer, which restores the ethical dimension of society. Join Professor Carty and the Cardozo community in what promises to be an engaging and entertaining discussion of legal philosophy and current international affairs.
Acknowledgment: Legal Theory Blog.
In economics, there is currently an important discussion on the role of "legal origins" or "legal families." Some economists claim that legal origins play a crucial role even today. Usually, they distinguish between common-law, French, Scandinavian, and German legal origin. When these legal origins are compared, countries belonging to the common-law tradition regularly come out best (with regard to many different dimensions) and countries belonging to the French legal origin worst. In international transactions, contracting parties can choose the substantive law according to which they want to structure their transactions. In this article, this choice is interpreted as a revealed preference for a specific legal regime. It is argued that the "superiority-of-common-law view" can be translated into the hypothesis that sophisticated and utility-maximizing actors would rationally choose a substantive law based on common-law tradition, such as U.K. or U.S. law. Although exact statistics are not readily available, the evidence from cases that end up in international arbitration courts (such as the International Court of Arbitration run by the International Chamber of Commerce in Paris) demonstrates that this is not the case. Hence, this evidence sheds some doubt on the superiority-of-the-common-law view.
- Charles Rhéaume, Western Scientists' Reaction to Andrei Sakharov's Human Rights Struggle in the Soviet Union, 1968-1989
- Rebecca Barlow & Shahram Akbarzadeh, Prospects for Feminism in the Islamic Republic of Iran
- Magnus Killander, The African Peer Review Mechanism and Human Rights: The First Reviews and the Way Forward
- Stephen C. Angle, Human Rights and Hegemony
- Bronwyn Leebaw, The Irreconcilable Goals of Transitional Justice
- David E. Guinn, Defining the Problem of Trafficking: The Interplay of US Law, Donor, and NGO Engagement and the Local Context in Latin America
- Füsun Türkmen, The European Union and the Democratization of Turkey: The Role of Elites
- Martin Donohoe, Flowers, Diamonds, and Gold: The Destructive Public Health, Human Rights, and Environmental Consequences of Symbols of Love
- Michael Goodhart, Neither Relative nor Universal: A Response to Donnelly
- Jack Donnelly, Human Rights: Both Universal and Relative (A Reply to Michael Goodhart)
Monday, February 4, 2008
The latest issue of International Legal Materials (Vol. 46, no. 5, September 2007) is out. Contents include:
- United Nations Security Council Resolution 1769: Darfur Hybrid Peacekeeping Force, with introductory note by Jeffrey K. Walker
- United Nations Security Council Resolution 1762: Iraq, with introductory note by Susan A. Notar
- Extraordinary Chambers in the Courts of Cambodia: Provisional Detention Order Against Kaing Guek Eav "Duch", with introductory note by Michael A. Newton
- United Parcel Service v. Canada, with introductory note by David A. Gantz
- International Committee of the Red Cross: Response of Jean-Marie Henckaerts to the Bellinger/Haynes Comments on Customary International Law Study, with introductory note by Dennis Mandsager
- Bolivia Denounces ICSID Convention, with introductory note by Marco Tulio Montanes
- The First Chautauqua Declaration, with introductory note by Elizabeth Andersen
- Executive Order: Interpretation of the Geneva Conventions Common Article 3 as Applied to a Program of Detention and Interrogation Operated by the Central Intelligence Agency, with introductory note by Mark E. Wojcik
- Natalie Klein & Lise Barry, A human rights perspective on diplomatic protection: David Hicks and his dual nationality
- Tania Penovic & Azadeh Dastyari, Boatloads of incongruity: the evolution of Australia's offshore processing regime
- Anthony J Langlois, Reciprocity in the justification of rights
- Philip Spencer & Howard Wollman, Nationalism and the problem of humanitarian intervention
- Thomas Humphrey, Child soldiers: rescuing the lost childhood
- Diane Gosden, From humanitarianism to human rights and justice: a way to go
- Annie Leeks, Realising the right of Indigenous peoples to development through common law recognition of Aboriginal resource rights
- Kristy Muir, The predisposition theory, human rights and Australian psychiatric casualties of war
After the transition to democracy in 1994, South Africa reached out to perpetrators of violence from all conflicting parties by giving amnesty to those who fully disclosed their politically motivated crimes. This volume provides the first comprehensive analysis of South Africa's amnesty scheme in its practical and normative dimensions. Through empirical analysis of over 1,000 amnesty decisions made by the Amnesty Committee of the Truth and Reconciliation Commission, the study measures the scheme against its stated goals of truth recovery, victim empowerment and perpetrator accountability. It also explores normative questions raised by the absence of punishment. Highlighting the distinctive nature of South Africa's conditional amnesty as an exceptional 'rite of passage' into the new, post-conflict society, it argues that the amnesty scheme is best viewed as an attempt to construct a new 'justice script' for a society in transition, in which a legacy of politically motivated violence is being addressed.
Sunday, February 3, 2008
- Hugh Thirlway, The Law and Procedure of the International Court of Justice 1960-1989. Supplement, 2006: Part Three
- Guglielmo Verdirame, The "Sinews of Peace": International Law, Strategy, and the Prevention of War
- Lea Brilmayer, From "Contract" to "Pledge": The Structure of International Human Rights Agreements
- Phoebe Okowa, Congo's War: The Legal Dimension of a Protracted Conflict
- Siobhân Wills, Occupation Law and Multi-National Operations: Problems and Perspectives
- Martin Dawidowicz, Public Law Enforcement without Public Law Safeguards? An Analysis of State Practice on Third-Party Countermeasures and Their relationship to the UN Security Council
- Douglas Howland, Japan's Civilized War: International Law as Diplomacy in the Sino-Japanese War (1894-1895)
- Aleksandar Momirov, The Individual Right to Petition in Internationalized Territories. From Progressive Thought to an Abandoned Practice
- François Rigaux, L’histoire du droit international revue par Carl Schmitt
- Daniel Schwartz, The Principle of the Defence of the Innocent and the Conquest of America: 'Save Those Dragged Towards Death'
- Laurence R. Helfer, The New Innovation Frontier? Intellectual Property and the European Court of Human Rights
- William W. Burke-White, Proactive Complementarity: The International Criminal Court and National Courts in the Rome System of International Justice
- Christiana Ochoa, From Odious Debt to Odious Finance: Avoiding the Externalities of a Functional Odious Debt Doctrine
- Noah Weisbord, Prosecuting Aggression