Symposium: International Law and the Constitution: Terms of Engagement

The current issue of the Fordham Law Review (Vol. 77, no. 2, November 2008) contains the proceedings of a symposium on "International Law and the Constitution: Terms of Engagement" that took place a year ago. Contents include:

• Catherine Powell, Introduction
• Martha F. Davis, Upstairs, Downstairs: Subnational Incorporation of International Humans Rights Law at the End of an Era
• Aan Jenkins & Kevin Shawn Hsu, American Ideals & Human Rights: Findings from New Public Opinion Research by the Opportunity Agenda
• Cynthia Soohoo & Suzanne Stolz, Bringing Theories of Human Rights Change Home
• Shayana Kadidal, “Federalizing” Immigration Law: International Law as a Limitation on Congress’s Power to Legislate in the Field of Immigration
• Lenora M. Lapidus, The Role of International Bodies in Influencing U.S. Policy to End Violence Against Women
• Mark R. Shulman, The Four Freedoms: Good Neighbors Make Good Law and Good Policy in a Time of Insecurity
• Harold Hongju Koh, Keynote Address
• Julian Ku, Medellín’s Clear Statement Rule: A Solution for International Delegations
• Janet Koven Levit, Does Medellín Matter?
• Melissa A. Waters, Getting Beyond the Crossfire Phenomenon: A Militant Moderate’s Take on the Role of Foreign Authority in Constitutional Interpretation
• Roger P. Alford, Courts and Constitutional Comparativism
• Ruti Teitel, Humanity-Law: A New Interpretive Lens on the International Sphere

Mayer Brown Research Fellowship in Public International Law

Applications are being accepted by Pembroke College and the Lauterpacht Centre for International Law for the Mayer Brown Research Fellowship in Public International Law. Relevant application forms and instructions can be found here. The deadline for applications is January 15, 2009. A short description:

The tenure of the Mayer Brown Research Fellowship in Public International Law will be for three years. The Fellow's main duties will be to pursue postdoctoral research in Public International Law. He or she will be expected to do a limited amount of teaching for Pembroke College, and to contribute to the research programme and activities of the Lauterpacht Centre, but would require the permission of the Governing Body of the College and the Director of the Lauterpacht Centre to undertake other paid work. The stipend will be £26,391, adjusted to account for any increases between now and 1 October 2009. As a Fellow of Pembroke College, the successful candidate will be offered accommodation and other benefits, including seven meals per week at High Table. The Lauterpacht Centre will provide office space and working facilities. There will be opportunities for the holder to interact with William Charnley (who is jointly funding the Research Fellowship) and his colleagues at Mayer Brown.

Conference: War Crimes - Retrospectives and Perspectives

SOLON, the Institute of Advanced Legal Studies, and the Centre for Contemporary British History will sponsor a conference on "War Crimes - Retrospectives and Perspectives," February 20-21, 2009, in London, at the Institute of Advanced Legal Studies. The program is not yet available online. Here's a description:

This conference is an initiative between SOLON, the Institute of Advanced Legal Studies and the Centre for Contemporary British History to examine the issue of war crimes broadly construed, exploring ways in which, it has been argued by those concerned with the issue (whether as victims, perpetrators, witnesses, adjudicators or commentators), that identifying war crimes and the perpetrators of these crimes are essential as a key part of post-conflict resolution. But, is there a universally shared comprehension of what constitutes ‘war crime’? How far has it been necessary, in defining and prosecuting war crimes in the modern age, to go beyond the articles of Geneva and other Conventions and customary international norms when dealing with grave incidents perceived as having an ‘international’ dimension? Does there need to be an international dimension to war crimes? Are national governments immune from such charges against their own citizens? How ‘new’ are war crimes, given that our conceptions of what constitutes a crime are often moulded and constrained by the past. Alternatively, how much of that legal past has been ‘forgotten’ and/or ignored, even within the precedents and definitions of grave international crimes? In addition, how far should media and other public comments on war crimes be aware of the law if they are to report in a balanced and ethical fashion? What constitutes a ‘war zone’ requiring international intervention? Is it desirable to let states and societies work out their own solutions? A key focus will thus be on the strategies that are, or could be, utilised when dealing with war crimes, including ways in which these intersect with the more apparently ‘local’ concepts of hate crime and its management.

Workshops: Capps, Scharf

Patrick Capps (Univ. of Bristol - Law) will give a talk today at the University of Nottingham School of Law-International Law Association (British Branch) Regional Seminar Series on "Legal Autonomy in Kant's Philosophy of International Law."

Michael Scharf (Case Western Reserve Univ. - Law) will give a talk today at the University of Cambridge Lauterpacht Centre for International Law on "The Cambodia Genocide Tribunal."

Schlechtriem & Butler: UN Law on International Sales

Peter Schlechtriem & Petra Butler have published UN Law on International Sales: The UN Convention on the International Sale of Goods (Springer 2009). Here's the abstract:

This book describes and analyses the rules and provisions of the United Nations Convention on the International Sale of Goods of 1980. Since its coming into force in 1988, thousands of cases have been decided in more than 70 states that have enacted the Convention. The CISG has become the subject of courses and classes in International and Commercial Law in the curricula of law schools and other institutions throughout the world. The authors have a long experience in teaching these subject matters; Professor Peter Schlechtriem was also involved in the elaboration and drafting of the Convention in 1980. They explain the details of the CISG's text, report the essence of the scholarly discussions of its issues, and, in particular, present numerous cases decided by courts and arbitration tribunals both as illustrations of problems arising under the CISG and as case law interpreting the Convention.

Chesterman: 'I'll Take Manhattan': The International Rule of Law and the United Nations Security Council

Simon Chesterman (New York Univ. - Law, Singapore Programme) has posted 'I'll Take Manhattan': The International Rule of Law and the United Nations Security Council (The Hague Journal on the Rule of Law, forthcoming). Here's the abstract:

Frequent agreement on the rule of law in theory is possible in large part because of divergent views on what it means in practice. This essay briefly addresses the content of the rule of law at the international level before discussing the challenge to this idea presently posed by the United Nations Security Council - the one international body with the power to enforce the law, but which is nevertheless loath to submit to it.

Hockett: Institutional Fixes Versus Fixed Institutions

Robert C. Hockett (Cornell Univ. - Law) has posted Institutional Fixes Versus Fixed Institutions. Here's the abstract:

A number of philosophers, policy thinkers and activists have despaired over the prospect that global institutions can bring progressive change to the international order. They advocate that those who would change things should place their hopes in global social movements rather than global institutions. This essay humbly suggests that we ought to do both. Global institutions require an active global civil society that includes social movements if they would not lose there senses of mission and purpose. Global social movements for their part require global institutions to serve as focal points for their efforts, which are otherwise threatened with diffusion and dissipation. Indeed, most global institutions are themselves the products of, and in that sense the consummations of, global movements. The relation has always been, and always will be, one of symbiosis.

Workshop: Guilfoyle

Douglas Guilfoyle (University College London - Law) will give a talk today at the University of Oxford Public International Law Discussion Group on "Combating Modern Piracy: International and Regional Responses."

ICTR: Trial Chamber Judgment in the Case Against Bikindi

Yesterday, the ICTR Trial Chamber rendered its judgment in the case (No. ICTR-01-74) against Simon Bikindi, a famous singer and composer. Bikindi was charged with six counts, including conspiracy to commit genocide; genocide (or alternatively complicity in genocide); direct and public incitement to commit genocide; and crimes against humanity (murder and persecution). It was alleged that Bikindi, through his songs and speeches, incited genocide. It was also alleged that he participated in particular attacks and murders.

In its judgment (judgment here; summary here; press release here; Hirondelle News report here), the Trial Chamber convicted Bikindi only of direct and public incitement to commit genocide for statements he made toward the end of June 1994. He was not convicted for the pro-Hutu/anti-Tutsi songs he composed, as it was not proved that he was involved in their broadcast and distribution during the genocide. Bikindi was sentenced to fifteen years imprisonment.

ICC: Prosecutor's Report to the Security Council

Today, Luis Moreno Ocampo, Prosecutor of the International Criminal Court, delivered a statement and report to the United Nations Security Council, pursuant to Council Resolution 1593 (2005). ICC press release here; UN News report here; UN meeting report here.

Convention on Cluster Munitions

Today, the Convention on Cluster Munitions opens for signature in Oslo. The United States will not be among the signatories. However, the U.S. Department of Defense has recently indicated that, as a matter of policy, by 2018 it will not employ cluster munitions that, after arming, "result in more than 1% unexploded ordnance (UXO) across the range of intended operational environments." An alternative process for the conclusion of a treaty pertaining to the use of cluster munitions is ongoing within the framework of the Convention on Certain Conventional Weapons (CCW). The United States is taking part in those negotiations, as are other major users, producers, and stockpilers of cluster munitions. The chairman's draft of this CCW protocol (as of October 30, 2008) is available here (click on the fifth 2008 session of the Group of Governmental Experts).

New Issue: Schweizerische Zeitschrift für internationales und europäisches Recht

The latest issue of the Schweizerische Zeitschrift für internationales und europäisches Recht (Vol. 18, nos. 1-2, 2008) is out. Contents include:

• Andreas Furrer, Meilensteine im Europäischen Kollisionsrecht
• Andreas Furrer, Die Rolle des IPR im Europäischen Privatrecht
• Joëlle Sambuc Bloise, L'arrêt de la Cour européenne des droits de l'homme D.H. et autres c. République tchèque: une décision de principe en matière de nondiscrimination raciale
• Giovanni Distefano, La demande reconventionelle au fil des textes régissant de fonctionnement de la Cour de La Haye et de sa jurisprudence
• François Knoepfler & Philippe Schweizer, Jurisprudence suisse en matière d'arbitrage international

Workshops: Footer, Salomon

Mary Footer (Univ. of Nottingham - Law) will give a talk today at the University College London Faculty of Laws WTO Scholars' Forum on "Some Theoretical Perspectives on WTO Compliance."

Margot Salomon (LSE - Law) will give a talk today at the International Law Association (British Branch)-University College London Faculty of Laws International Law Seminar on "Poverty, Privilege and International Law: Reflections on the MDG’s."

New Issue: Revista Española de Derecho Internacional

The latest issue of the Revista Española de Derecho Internacional (Vol. 59, no. 2, 2007) is out. Contents include:

• Manuel López Escudero, Crisis y reforma del Fondo Monetario Internacional
• Mariano J. Aznar Gómez, En torno a la unidad sistémica del Derecho Internacional
• Isabel García Rodríguez, La calificación jurídica del "matrimonio de conveniencia": del fraude al uso indebido de la institución matrimonial
• José Luis Meseguer, Régimen jurídico de los espacios marítimos de Spitzberg (Svalbard). Posición de Noruega, España y otros Estados
• Notas
• Félix Vacas Fernández, La aplicación por España de tratados sucesivos y de la cláusula de nación más favorecida en materia migratoria: el asunto Uruguay
• María José Cervell Hortal, Desarrollos recientes a propósito del asunto Avena (TIJ, 2004): la difícil relación entre el Derecho Internacional y el Derecho interno
• Adela Aura & Larios de Medrano, La realización del principio de la utilización equitativa y razonable en la práctica fluvial hispano-lusa

New Issue: Rivista di Diritto Internazionale

The latest issue of the Rivista di Diritto Internazionale (Vol. 91, no. 3, 2008) is out. Contents include:

• Lorenzo Gradoni, L'Alto rappresentante per la Bosnia-Erzegovina davanti alla Corte europea dei diritti dell'uomo
• Maria Irene Papa, Protezione diplomatica, diritti umani e obblighi erga omnes
• Carlo Focarelli, Note e Commenti - Diniego dell'immunità giurisdizionale degli Stati stranieri per crimini, jus cogens e dinamica del diritto internazionale
• Annalisa Ciampi, Note e Commenti - Il paradosso della Corte penale internazionale: la sospensione quale garanzia dell'equità del processo?
• Sara Migliorini, Note e Commenti, Delocalizzazioni di imprese e azioni sindacali secondo la sentenza Viking
• Enzo Cannizzaro, Panorama - La Corte costituzionale come giudice nazionale ai sensi dell'art. 234 del Trattato CE: l'ordinanza n. 103 del 2008
• Annalisa Ciampi, Panorama - Processo non equo secondo la Corte europea dei diritti dell'uomo e rinnovazione del giudizio secondo la Corte costituzionale
• Simone Vezzani, Panorama - Nuovi orientamenti della Corte di cassazione in tema di riparazione del danno non patrimoniale per durata irragionevole del processo: la sentenza nel caso Zullo
• Federica Vincenzetti, Panorama - Sull'ambito di applicazione ratione temporis del vizio di violenza nei trattati

New Issue: Revue Générale de Droit International Public

The latest issue of the Revue Générale de Droit International Public (Vol. 112, no. 3, 2008) is out. Contents include:

• Massimo Iovane, La participation de la société civile à l'application du droit international de l'environnement
• Evelyne Lagrange, L'application de la Convention de Rome à des actes accomplis par les Etats parties en dehors du territoire national
• Isabelle Daugareilh, La dimension sociale des principes directeurs de l'O.C.D.E. à l'intention des entreprises multinationales
• Monica Lugato, Mandat d'arrêt européen, extradition et droit à un procès équitable

Realizing the Promise of the Universal Declaration of Human Rights: Examining the First 60 Years and Beyond

Today, the American University Washington College of Law and the American Society of International Law will host a one-day conference on "Realizing the Promise of the Universal Declaration of Human Rights: Examining the First 60 Years and Beyond." The program is here.

Ryngaert: Jurisdiction in International Law

Cedric Ryngaert (Univ. of Utrecht - Law & Catholic Univ. of Leuven - Law) has published Jurisdiction in International Law (Oxford Univ. Press 2008). Here's the abstract:

This book examines the international law of jurisdiction, focusing on the areas of law where jurisdiction is most contentious: criminal, antitrust, securities, discovery, and international humanitarian and human rights law. Since F.A. Mann's work in the 1980s, no analytical overview has been attempted of this crucial topic in international law: prescribing the admissible geographical reach of a State's laws.

The need for such an overview has grown more pressing in recent years as the traditional framework of the law of jurisdiction, grounded in the principles of sovereignty and territoriality, has been undermined by piecemeal developments. Antitrust jurisdiction is heading in new directions, influenced by law and economics approaches; new EC rules are reshaping jurisdiction in securities law; the U.S. is arguably overreaching in the field of corporate governance law; and the universality principle has gained ground in European criminal law and U.S. tort law.

Such developments have given rise to conflicts over competency that struggle to be resolved within traditional jurisdiction theory. This study proposes an innovative approach that departs from the classical solutions and advocates a general principle of international subsidiary jurisdiction. Under the new proposed rule, States would be entitled, and at times even obliged, to exercise subsidiary jurisdiction over internationally relevant situations in the interest of the international community if the State having primary jurisdiction fails to assume its responsibility. This book examines the international law of jurisdiction in the fields where it has been most contentious, including criminal, antitrust, and human rights law. It analyzes how traditional principles of sovereignty and territoriality have been undermined, and presents a new theory of international jurisdiction based on the concept of subsidiarity.

New Issue: Stockholm International Arbitration Review

The latest issue of the Stockholm International Arbitration Review (Vol. 2008, no. 1) is out. Contents include:

• Helena Jung, SCC Practice: Challenges to Arbitrators – SCC Board decisions 2005–2007
• Thomas E. Carbonneau, Hall Street Associates, LLC v. Mattel, Inc.: A New Englander’s Tale of Statutory Supremacy in Arbitration Law

Sandholtz & Sities: International Norms and Cycles of Change

Wayne Sandholtz (Univ. of California, Irvine - Political Science) & Wayne Sities (Brigham Young Univ. - Political Science) have published International Norms and Cycles of Change (Oxford Univ. Press 2008). Here's the abstract:

International lawyers and international relations scholars recognize that international norms change over time. Practices that were once permissible and even "normal" - like slavery, conquest, and wartime plundering - are now prohibited by international rules. Yet though we acknowledge norm change, we are just beginning to understand how and why international rules develop in the ways that they do. Wayne Sandholtz and Kendall Stiles sketch the primary theoretical perspectives on international norm change, the "legalization" and "transnational activist" approaches, and argue that both are limited by their focus on international rules as outcomes. The authors then present their "cycle theory," in which norm change is continual, a product of the constant interplay among rules, behavior, and disputes. Cycles of International Norm Change is the natural follow-on to Prohibiting Plunder, testing the cycle theory against ten empirical cases. The cases range from piracy and conquest, to terrorism, slavery, genocide, humanitarian intervention, and the right to democracy. The key finding is that, across long stretches of time and diverse substantive areas, norm change occurs via the cycle dynamic.

Cycles of International Norm Change further advances the authors' theoretical approach by arguing that international norms have been shaped by two main currents: sovereignty rules and liberal rules. Sovereignty rules are the necessary norms for establishing an international society of sovereign states and deal with the rights, prerogatives, and duties of states. Liberal rules are norms that emerged out of the Enlightenment and enshrine the basic value, dignity, and inherent rights of each person. Sandholtz and Stiles include five cases of sovereignty rules and five of liberal rules in order to reveal the broad cyclic pattern of international change in these two categories of rules.

Workshop: Cuellar

Tino Cuellar (Stanford Univ. - Law) will give a talk today at the Georgetown University Law Center International Legal Theory Colloquium on "Coalitions, Autonomy, and the Regulatory State."

New Issue: Journal of World Investment & Trade

The latest issue of the Journal of World Investment & Trade (Vol. 9, no. 5, October 2008) is out. Contents include:

• Timothy G. Nelson & Jennifer M. Cabrera, The Taiwan Relations Act, 30 Years On - Encounters and Successes in the U.S. Courts
• Francisco González de Cossío, Mexico before ICSID: Rebel Without a Cause?
• Diana Bayzakova, Zarafshan-Newmont Case and International Investment Arbitration Against Uzbekistan: Interpretation of Consent by the Host State and Relevance of National Legislation
• Bin Chen, On the Establishment of the Legal Framework on the Logistics Industry in CAFTA: A Perspective of Regionalism and Multilateralism
• Getahun Seifu, "Regulatory Space" in the Treatment of Foreign Investment in Ethiopian Investment Laws
• Bishnu Kumar Adhikary & Alemu Aye Mengistu, Factors Influencing Foreign Direct Investment (FDI) in "South" and "Southeast" Asian Economies