Conference: Canadian Council on International Law 2009 Annual Conference (Reminder)

As noted previously, the Canadian Council on International Law's 38th Annual Conference will take place next week, on October 14-16, 2009, in Ottawa. The conference theme is "Things Fall Apart; Can the Centre Hold? Multilateral Readiness to Address Challenges Ahead." The program is available here.

Sarkar: International Development Law

Rumu Sarkar (Africa Center for Strategic Studies) has published International Development Law: Rule of Law, Human Rights, and Global Finance (Oxford Univ. Press 2009). Here's the abstract:

International Development Law: Rule of Law, Human Rights, and Global Finance provides a tightly interwoven, well-organized, multi-disciplinary approach to the complex legal issues underlying sustainable international development. Professor Sarkar provides an overarching view of the legal principles that constitute international development law in an easily understandable way. This book gives the reader new insights on the origins of global poverty, identifies legal impediments to long-term, sustainable economic growth, and provides a better understanding of the challenges faced by the international community in resolving global poverty issues.

University of Nottingham School of Law-ILA (British Branch) Regional Seminar Series

Here's the schedule for the University of Nottingham School of Law-International Law Association (British Branch) Regional Seminar Series:

• October 21, 2009: Steven M. Wheatley (Univ. of Leeds - Law), Why International Lawyers are a Threat to Democracy, and How Constitutional Lawyers Ought to Respond
• November 20, 2009: Anthea E. Roberts (LSE - Law), Balancing Interpretive Power: Treaty Parties and Tribunals
• February 3, 2010: Holly A. Cullen (Univ. of Durham - Law), Moving Beyond the Palermo Protocol: Developing a European Regional Approach to Human Trafficking
• February 26, 2010: Ellen Hey (Erasmus Univ. of Rotterdam - Law), The Millennium Development Goals, Human Rights and Functionalism in International Law
• March 3, 2010: Claus Kreß (Univ. of Cologne - Law), Time of Decision: Some Thoughts on the Immediate Future of the Crime of Aggression

Hilpold: Das Selbstbestimmungsrecht der Völker

Peter Hilpold (Universität Innsbruck - Law) has published Das Selbstbestimmungsrecht der Völker: Vom umstrittenen Prinzip zum vieldeutigen Recht? (Peter Lang 2009). Contents include:

• Peter Hilpold, Die Sezession - zum Versuch der Verrechtlichung eines faktischen Phänomens
• Jörg Fisch, Die Geschichte des Selbstbestimmungsrechts der Völker, oder der Versuch, einem Menschenrecht die Zähne zu ziehen
• Sigrid Boysen, Selbstbestimmungsrecht und Recht auf Demokratie
• Samuel Salzborn, Ethnischer Selbstbestimmungsanspruch contra demokratisches Selbstbestimmungsrecht
• Gerhard Hafner, Das Selbstbestimmungsrecht und Südtirol
• Hans-Joachim Heintze, Indigene Völker und das Selbstbestimmungsrecht
• Timo Koivurova, The Right to Self-determination of the Saami: the ideal faces the reality

Workshops: Benvenisti & Downs, Howse, Waibel

Eyal Benvenisti (Tel Aviv Univ. - Law) and George Downs (New York Univ. - Politics) will give a talk today at the New York University School of Law Hauser Globalization Colloquium on Interdisciplinary Approaches to International Law on "Will National Court Cooperation Promote Global Accountability? The Judicial Review of International Organizations." Beth Simmons (Harvard Univ. - Government) and Ryan Goodman (New York Univ. - Law) will be the discussants.

Rob Howse (New York Univ. - Law) will give a talk today at the Harvard Law School International Law Workshop on "WTO Subsidies Disciplines and Climate Change Mitigation Policies: Options for Reconciliation."

Michael Waibel (Univ. of Cambridge - Law) will give a talk today at the UCL Faculty of Laws and International Law Association (British Branch) International Law Seminar on "Insolvent States in International Law."

SFRC: Hearing on the Hague Convention on International Recovery of Child Support

This afternoon, the Senate Foreign Relations Committee held a hearing on the Hague Convention on International Recovery of Child Support and Other Forms of Family Maintenance (Treaty Doc. 110-21). Witnesses included: Keith Loken (Assistant Legal Adviser, Office of Private International Law, Department of State); Vicki Turetsky (Commissioner, Office of Child Support Enforcement, Department of Health and Human Services); Battle Robinson (Uniform Law Commissioner); and Alisha Griffin (Assistant Director, Office of Child Support Services, New Jersey Department of Human Services). Links are to the witnesses' written statements.

New Issue: Cuadernos de Derecho Transnacional

The latest issue of Cuadernos de Derecho Transnacional (Vol. 1, no. 2, October 2009) is out. Contents include:

• Estudios
• Hilda Aguilar Grieder, Arbitraje comercial internacional y grupos de sociedades
• Celia M. Caamiña Domínguez, Los contratos de seguro del art. 7 del Reglamento Roma I
• Alfonso-Luis Calvo Caravaca, El Reglamento Roma I sobre la ley aplicable a las obligaciones contractuales: cuestiones escogidas
• Esperanza Castellanos Ruiz, Las normas de Derecho Internacional Privado sobre consumidores en la Ley 34/2002 de servicios de la sociedad de la información y de comercio electrónico
• Carlos Llorente Gómez de Segura, La ley aplicable al contrato de transporte internacional según el Reglamento Roma I
• Dário Moura Vicente, Liberdades comunitárias e Direito Internacional Privado
• Giuseppina Pizzolante, I contratti con i consumatori e la nuova disciplina comunitaria in materia di legge aplicabile alle obbligazioni contrattuali
• Francesco Seatzu, La Convenzione europea dei diritti dell’uomo e le libertà di iniziativa imprenditoriale e professionale
• Pablo Zapatero Miguel, Diplomacia y cultura legal en el sistema GATT/OMC
• Varia
• Nuria María Almagro Rodríguez, Comentario a la sentencia de la Sala de lo Contencioso-Administrativo del Tribunal Supremo, de 19 de junio 2008, sobre denegación de la concesión de la nacionalidad española por poligamia
• Pilar Blanco-Morales Limones, Nota sobre la reforma de la ley de sociedades profesionales para el reconocimiento en España de las sociedades profesionales de otros estados miembros de la Unión Europea
• Alfonso-Luis Calvo Caravaca & Javier Carrascosa González, Gestación por sustitución y Derecho Internacional Privado: consideraciones en torno a la resolución de la Dirección General de los Registros y del Notariado de 18 de febrero de 2009
• Javier Carrascosa González, Apuntes sobre la competencia judicial internacional y la ley aplicable a las donaciones: antes y después del Reglamento Roma I
• Pietro Franzina, I conflitti di leggi davanti agli arbitri del comercio internazionale: note in tema di collegamento obiettivo alla luce del Regolamento Roma I
• Alberto Muñoz Fernández, Actos de comunicación de tribunales españoles dirigidos a litigantes estadounidenses en procesos civiles y mercantiles
• María Dolores Ortiz Vidal, Nuevos interrogantes y nuevas respuestas sobre la STJCE de 14 de octubre de 2008, Grunkin-Paul

PCA: Multiple Party Actions in International Arbitration

The Permanent Court of Arbitration has published Multiple Party Actions in International Arbitration: Consent, Procedure and Enforcement (Oxford Univ. Press 2009). Here's the abstract:

This publication from the International Bureau of the Permanent Court of Arbitration (PCA) presents a collection of studies on the key issues found in complex international commercial and investment disputes. Renowned authors from Europe and North America consider issues from perspectives emanating from both the Anglo-American and Continental European legal systems.

The authors consider international multiparty arbitration and its attendant problems from both a conceptual and practical perspective, beginning with the overarching legal problems of determining the proper parties to the arbitration and the ambit of contractual consent. Topics which are comprehensively examined include: Joinder of parties and consolidation of arbitral proceedings; the challenges of administration of multiparty arbitrations; investment arbitration involving multiple parties and multiparty issues in investor-state arbitration; classwide arbitration and arbitrating mass investor claims; lessons that can be learnt from mass claims processes; and enforcement issues. The book also includes a practitioner-oriented discussion of multiparty arbitration in the construction industry.

Byers: Who Owns the Arctic?

Michael Byers (Univ. of British Columbia - Law) has published Who Owns the Arctic?: Understanding Sovereignty Disputes in Canada’s North (Douglas & McIntyre 2009). Here's the abstract:

Who actually controls the Northwest Passage? Who owns the trillions of dollars of oil and gas beneath the Arctic Ocean? Which territorial claims will prevail—those of the U.S., Russia, Canada or the Nordic nations—and why? And, in an age of rapid climate change, how do we protect the fragile Arctic environment while seizing the economic opportunities presented by the rapidly melting sea ice?

In the highly readable book Who Owns the Arctic, Michael Byers, a leading Arctic expert and international lawyer explains the sometimes contradictory rules governing the division and protection of the Arctic and the disputes that remain unresolved. What emerges is a vision for the Arctic in which co-operation, not conflict, prevails, and where the sovereignty of individual nations is exercised for the benefit of all.

Oxford Public International Law Discussion Group

Here are the schedule for the Oxford Public International Law Discussion Group for Michaelmas Term 2009:

• October 15: Philippe Kirsch (formerly, Judge, International Criminal Court), Prospects and Challenges in International Criminal Justice
• October 22: Treasa Dunworth (Univ. of Auckland - Law), The Accountability of International Organisations: The Role of Civil Society
• October 29: Patrick Capps (Univ. of Bristol - Law), Lauterpacht's Method
• November 5: Nigel White (Univ. of Nottingham - Law), The Security Council, the Security Imperative and International Law
• November 12: Yves Daudet (Secretary-General, Hague Academy of International Law), The Special Tribunal for Lebanon
• November 19: Aurel Sari (Univ. of Exeter - Law), Jurisdiction over Foreign Armed Forces: Examining the Calipari/Lozano Case
• November 26: Ben Saul (Univ. of Sydney - Law), Prosecuting Indonesian War Crimes in Portuguese Timor: the International Legal Protection of Journalists in Armed Conflict
• December 3: Ed Bates (Univ. of Southampton - Law), The European Court of Human Rights: the First Half-Century

Besson: The Authority of International Law - Lifting the State Veil

Samantha Besson (Univ. of Fribourg - Law) has published The Authority of International Law - Lifting the State Veil (Sydney Law Review, Vol. 31, no. 3, p. 343, September 2009). Here's the abstract:

The legitimate authority of international law, ie its ability to generate moral duties of obedience for its subjects whether states, international organisations or individuals, has become a subject of growing interest among international legal scholars and legal theorists over the past fifteen years or so. The initial difficulty most accounts face has to do with the reality of international law itself qua decentralised and non-hierarchical legal order. Stemming from those complexities, a second difficulty pertains to the concept of legal authority itself. This article presents a single concept of legal authority and a set of justifications for the legitimacy of international law that can not only accommodate the complexity of contemporary international law, but also make sense of it in the context of competing claims to legitimacy made over the same people by national, regional and international legal orders. The key to the authority of international law in a pluralist legal order lies, the author argues, in lifting the state veil. This implies focusing on the individual as the ultimate subject of authority in international law. The article’s argument unfolds in three steps. It starts by presenting the conception of legal authority the article is based on, and in particular a revised co-ordination-based version of Joseph Raz’s service conception of authority. It then argues that this autonomy-based account of authority best explains the legitimacy of international law by focusing on four key features of legal authority in the international context: the multiplicity of international subjects and law-makers and their relationship; the role of co-ordination in the justification of international law’s authority; the piecemeal nature of authority and the role of state consent in that context; and, finally, the protection of state sovereignty and its compatibility with the authority of international law. In the third and final section, the article addresses borderline cases, and in particular relativism-based exclusions of international legal authority and exceptions to that authority based on justified international disobedience.

Osiel: Making Sense of Mass Atrocity

Mark Osiel (Univ. of Iowa - Law) has published Making Sense of Mass Atrocity (Cambridge Univ. Press 2009). Here's the abstract:

Genocide, crimes against humanity, and the worst war crimes are possible only when the state or other organizations mobilize and coordinate the efforts of many people. Responsibility for mass atrocity is therefore always widely shared, often by thousands. Yet criminal law, with its liberal underpinnings, insists on blaming particular individuals for isolated acts. Is such law therefore constitutionally unable to make any sense of the most catastrophic conflagrations of our time? Drawing on the experience of several recent prosecutions (both national and international), this book trenchantly diagnoses law’s limits at such times and offers a spirited defense of its moral and intellectual resources for meeting the vexing challenge of holding anyone criminally accountable for mass atrocity. Just as today’s war criminals develop new methods of eluding law’s historic grasp, so criminal law flexibly devises novel responses to their stratagems. Mark Osiel examines several such recent legal innovations in international jurisprudence and proposes still others.

New Issue: World Arbitration and Mediation Review

The latest issue of the World Arbitration and Mediation Review (Vol. 3, no. 1, 2009) is out. Contents include:

• Siegfried H. Elsing & Alexandra N. Diehl, The Challenge of Developing Common Mediation Law Regimes in Europe and the United States: From “Patchwork” to Coherence?
• Edna Sussman, User Preferences and Mediator Practices: Can They Be Reconciled Within the Parameters Set By Ethical Considerations
• Richard M. Calkins, Essay: Finding Creative Solutions in ADR

Keitner: Rights Beyond Borders

Chimène I. Keitner (Univ. of California - Hastings College of the Law) has posted Rights Beyond Borders. Here's the abstract:

Burgeoning scholarly interest in comparative constitutional law, transnational criminal law, and national security law has generated surprisingly little synthesis among these fields. The central question of whether, and when, a country’s domestic rights regime constrains government action beyond national borders has largely escaped comparative analysis. This Article addresses this gap by developing a conceptual framework for thinking about the extraterritorial application of domestic rights guarantees, with a focus on cases arising from the detention and interrogation of terrorism suspects. Part I identifies three modes of reasoning about rights beyond borders, which I label constitution as compact, constitution as conscience, and constitution as code. Compact-based reasoning focuses on the entitlement of a given individual to assert rights against the government based on his or her personal status and/or territorial presence. Conscience-based reasoning focuses the government’s mandate to act solely in accordance with a defined set of national values in all locations and circumstances. Code-based reasoning takes a strictly territorial approach to restrictions on government action outside the national territory, even vis-à-vis citizens.

Part II examines the evolving jurisprudence of extraterritorial rights in three jurisdictions in light of these models: the United States under the U.S. Constitution, Canada under the Canadian Charter of Rights and Freedoms, and the United Kingdom under the U.K. Human Rights Act. These three characterizations of ways of thinking about the extraterritorial application of domestic rights regimes (compact, conscience, and code) can provide a convenient vocabulary for describing how domestic courts reason about specific challenges to government action beyond national borders. They can also help us think more systematically about how courts and other actors should reason about rights beyond borders, as governments bring their coercive power to bear on individuals in a variety of extraterritorial circumstances.

New Issue: Journal of World Investment & Trade

The latest issue of the Journal of World Investment & Trade (Vol. 10, no. 4, August 2009) is out. Contents include:

• Stephen Jagusch & Nicole Duclos, Compensation for the Breach of Relative Standards of Treaty Protection
• Jacques Werner, Revisiting the Necessity Concept
• John Y. Gotanda, The Unpredictability Paradox: Punitive Damages and Interest in International Arbitration
• Valentina Sara Vadi, Fragmentation of Cohesion? Investment Versus Cultural Protection Rules
• Eduardo Savarese, BIT Clauses Bearing on the Ratione Temporis Jurisdiction of ICSID Tribunals. A Survey on the Constituent Elements of Investor-State Legal Disputes under BITs
• Mathias Audit, Is the Erecting of Barriers against Sovereign Wealth Funds Compatible with International Investment Law?
• Joseph M. Senona, Global Economic Recession and Protectionism: Legitimacy of the Proudly South African and Buy Local Campaigns

BIICL: The Geneva Conventions and Israel

Alan Baker (formerly, Legal Adviser, Ministry of Foreign Affairs, Israel) will speak today at the British Institute of International and Comparative Law on "The Geneva Conventions and Israel." This is the second in a series of seminars on the Geneva Conventions of 1949 in celebration of the sixtieth anniversary of their adoption.

Workshop: Beard

Jack Beard (Univ. of California, Los Angeles - Law) will give a talk today at the Georgetown University Law Center Foreign Relations Law Colloquium on "Law and War in the Virtual Era."

Mégret: The Diversification of Actors Involved in Armed Conflicts: Beyond 'Direct Participation to Hostilities'?

Frédéric Mégret (McGill Univ. - Law) has posted The Diversification of Actors Involved in Armed Conflicts: Beyond 'Direct Participation to Hostilities'? (La Diversification Des Acteurs Impliqués Dans Les Conflits Armés: Vers Un Dépassement De La 'Participation Directe Aux Hostilités'?). Here's the abstract:

This paper (in French) was originally presented at a conference at the Collège de France organized by the University of Paris I on "The role of third parties to the implementation of international humanitarian law". As discussant, I was asked to provide a general presentation of the challenges of distinguishing between "parties" and "non-parties" in today's conflicts. The paper seeks to give an overview of current debates, whilst questioning how long this distinction can remain the summa divisio of the laws of war in a context where it radically challenged both by non-state actors and states. I suggest that the distinction is in practice more a continuum than a clear binary opposition in that, although some actors may more naturally be seen as "parties" or "non-parties", there is no status that cannot change over the course of a conflict depending on what one does (as opposed to what one is). I suggest that this essential and inevitable fluidity is also what makes it very difficult to keep these distinctions stable over time. I then turn to what I see as the two hardest cases of maintaining the division, namely private security companies on the one hand, and terror groups on the other (arguably both instances - albeit very different - of a larger trend towards privatization of violence). The great difficulties that these actors create in terms of the implementation of international humanitarian law suggest that the distinction is under threat. In the conclusion, I outline some ways in which the distinction might be reinvigorated or transcended. I suggest, for example, that one should critically assess international humanitarian law's continued statist biases (state forces are always combatants, even if they violate the laws of war, whereas this is not true of non-state or irregular forces) on humanitarian grounds. Moreover, I suggest that the normative asymmetry of conflicts creates conditions where states must be willing to abide by high standards even confronted with an adversary that does not - so much so, in fact, that international human rights law may in the end turn out to be the most cogent way to regulate contemporary modes of even armed violence.

de Londras: Privatised Torture: Reflections on the Implications for Human Rights Law of the Emergent Phenomenon of Out-Sourced Torture

Fiona de Londras (University College Dublin - Law) has posted Privatised Torture: Reflections on the Implications for Human Rights Law of the Emergent Phenomenon of Out-Sourced Torture. Here's the abstract:

This paper, delivered as part of the Scrymgeour Lecture series of Dundee Law School, addresses the phenomenon of the use of private entities (airline companies and air traffic logistics companies) in the transportation of suspected terrorists for interrogation and torture (‘extraordinary rendition’). In addressing this phenomenon from the perspective of international human rights law, the paper makes both normative and practical arguments. Normatively it is claimed that the use of private entities for the purposes of concealment of activity and in the attempt to minimise liability in the event of suit reveal a position termed ‘ontological acceptance: intentional breach’ by the United States towards the absolute prohibition of torture in international law. It is argued that the normative core of the prohibition is sound, but that the gap between norm and enforcement is exacerbated by the use of private entities. The final part of the paper argues for an approach to enforcement that addresses both the public and the private through law and regulatory mechanisms.

WTO Arbitrator's Award: Colombia - Indicative Prices and Restrictions on Ports of Entry

Today, an Article 21.3(c) Arbitrator issued an award in Colombia - Indicative Prices and Restrictions on Ports of Entry (DS366). Panama brought the original complaint. The full award can be found here. A summary of the case can be found here. The DSU Panel's Report can be found here.

Beitz: The Idea of Human Rights

Charles R. Beitz (Princeton Univ. - Politics) has published The Idea of Human Rights (Oxford Univ. Press 2009). Here's the abstract:

The international doctrine of human rights is one of the most ambitious parts of the settlement of World War II. Since then, the language of human rights has become the common language of social criticism in global political life. This book is a theoretical examination of the central idea of that language, the idea of a human right. In contrast to more conventional philosophical studies, the author takes a practical approach, looking at the history and political practice of human rights for guidance in understanding the central idea. The author presents a model of human rights as matters of international concern whose violation by governments can justify international protective and restorative action ranging from intervention to assistance. He proposes a schema for justifying human rights and applies it to several controversial cases--rights against poverty, rights to democracy, and the human rights of women. Throughout, the book attends to some main reasons why people are skeptical about human rights, including the fear that human rights will be used by strong powers to advance their national interests. The book concludes by observing that contemporary human rights practice is vulnerable to several pathologies and argues the need for international collaboration to avoid them.

Wilson: Remade in China: Foreign Investors and Institutional Change in China

Scott Wilson (Univ. of the South - Political Science) has published Remade in China: Foreign Investors and Institutional Change in China (Oxford Univ. Press 2009). Here's the abstract:

Since opening to foreign investment in 1979, China has emerged as the leading investment site for multinational corporations. Remade in China looks beyond the macroeconomic effects of China's investment boom to analyze how foreign investors from the US, Japan, and other nations are shaping China's legal, labor, and business reforms. Wilson draws on interviews with nearly 100 foreign and local managers, attorneys, workers, and members of the business community to explain why Chinese laborers and firms have gravitated toward foreign models, especially US businesses and their institutions.

Wilson uses the term "state-guided globalization" to describe how China has used foreign engagement to advance its domestic reform objectives and to enhance its role in international society. Rather than undermining state power, globalization actually has allowed China's state to push through difficult labor and legal reforms. Wilson concludes that Chinese policy makers drew lessons from foreign investors and foreign legal experts on how to introduce difficult labor market reforms in its state-owned enterprises and how to promote rule of law.

Remade in China examines globalization and foreign investment in a different light, showing how these developments have helped to chart China's entry into international society. China's WTO accession agreement and international norms have established parameters by which to judge Chinese legal and business reforms. Although China's rise is a grave concern to the world, Remade in China asserts that Chinese leaders now see compliance with international rules as a means to secure more investment and to enhance their international legitimacy. Wilson provides a lucid and insightful analysis of how foreign and domestic actors, from political leaders to average laborers, have contributed to remaking China's institutions.

New Issue: Zeitschrift für ausländisches öffentliches Recht und Völkerrecht

The latest issue of the Zeitschrift für ausländisches öffentliches Recht und Völkerrecht (Vol. 69, no. 2, 2009) is out. Contents include:

• Der pouvoir neutre im nationalen und internationalen Recht - Kolloquium zum 90. Geburtstag von Prof. Dr. Dres. h.c. Karl Doehring, veranstaltet am Max-Planck-Institut für ausländisches öffentliches Recht und Völkerrecht, Heidelberg, 20.März 2009
• Thorsten Stein, Der Bundespräsident als "pouvoir neutre"?
• Matthias Herdegen, Verfassungsgerichtsbarkeit als pouvoir neutre
• Kay Hailbronner, Der öffentliche Dienst als "pouvoir neutre"
• Juliane Kokott, Der pouvoir neutre im Recht der Europäischen Union
• Georg Ress, Der Europäische Gerichtshof für Menschenrechte als pouvoir neutre
• Karl Doehring, Schlusswort – Auf der Suche nach einem die politischen Mächte begrenzenden pouvoir neutre
• Isabelle Ley, Kant versus Locke: Europarechtlicher und völkerrechtlicher Konstitutionalismus im Vergleich
• Henning Lahmann, The Israeli Approach to Detain Terrorist Suspects and International Humanitarian Law: The Decision Anonymous v. State of Israel
• Gerd Morgenthaler & Christian Heuser, Die Verfassung der Republik Aserbaidschan – Entwicklungslinien und Perspektiven

Kaye: The Goldstone Report

David Kaye (Univ. of California, Los Angeles - Law) has posted an ASIL Insight on The Goldstone Report.

New Issue: International Legal Materials

The latest issue of International Legal Materials (Vol. 48, no. 3, May 2009) is out. Contents include:

• International Criminal Court's Arrest Warrant for Omar Al Bashir, President of the Sudan, with introductory note by Michael P. Scharf
• European Court of Justice: Commission of the European Communities v. Austria and Sweden, with introductory note by August Reinisch
• European Court of Justice: Allianz Spa v. West Tankers Inc., with introductory note by David J.A. Cairns
• ICSID: TSA Spectrum de Argentina S.A. v. Argentine Republic, with introductory note by Charles Owen Verrill Jr.
• Southern African Development Community Tribunal: Mike Campbell (PVT) Ltd and Others v. Republic of Zimbabwe, with introductory note by Ben Chigara
• The European Court of Human Rights: Kozacioglu v. Turkey, with introductory note by Dinah Shelton
• Human Rights Committee & The European Court of Human Rights: Treatment of Terrorism Suspects, with introductory note by Vijay Padmanabhan
• United Nations Convention on Contracts for the International Carriage of Goods Wholly or Partly by Sea, with introductory note by Jim Lynch
• International Court of Justice: Maritime Delimitation in the Black Sea (Romania v. Ukraine), with introductory note by Coalter G. Lathrop

Corn et al.: The War on Terror and the Laws of War

Geoffrey S. Corn (South Texas College of Law), Victor M. Hansen (New England School of Law), Richard B. Jackson (U.S. Army), Eric T. Jensen (U.S. Army), Michael W. Lewis (Ohio Northern Univ. - Law), & James A. Schoettler, Jr. (Georgetown Univ. - Law) have published The War on Terror and the Laws of War: A Military Perspective (Oxford Univ. Press 2009). Here's the abstract:

When a soldier in the field of battle is under attack in a small village and comes upon a villager who could be a combatant or a civilian, what rules govern how that soldier should act? If the soldier detains the villager and determines that the villager is an unaffiliated combatant, what do the rules of detention require? In The War on Terror and the Laws of War, six legal scholars with experience as military officers bring practical wisdom to the contentious topic of applying international law to the battlefield. The authors apply their unique expertise to issues that have gained greater urgency during the United States' wars in Iraq and Afghanistan: including categorizing targets and properly detaining combatants. The modern battlefield has proven to be a difficult arena in which to apply traditional legal rules. The War on Terror and the Laws of War brings clarity to the subject with an insider's perspective.

Roberts: Satow's Diplomatic Practice (6th Edition)

Ivor Roberts (Univ. of Oxford) has published the sixth edition of Satow's Diplomatic Practice (Oxford Univ. Press 2009). Here's the abstract:

Satow's Diplomatic Practice is a classic work, first published 90 years ago and revised four times since. This is the first revised edition for thirty years, during which time the world and diplomacy have changed almost beyond recognition. The new edition provides an enlarged and updated section on the history of diplomacy and revises comprehensively the practice of diplomacy and the corpus of diplomatic and international law since the end of the Cold War. It traces the substantial expansion in numbers both of sovereign states and international and regional organisations and features detailed chapters on diplomatic privileges and immunities, diplomatic missions and consular matters. It also examines new forms of diplomacy from the work of NGOs to the use of secret envoys and commercial security firms, and the book highlights the impact of international terrorism on the life and work of a diplomat. Satow is an indispensable guide for anyone working in or studying the field of diplomacy.

Morgera: Corporate Accountability in International Environmental Law

Elisa Morgera (Food and Agriculture Organization) has published Corporate Accountability in International Environmental Law (Oxford Univ. Press 2009). Here's the abstract:

What is the current and future role of international environmental law in directing and controlling the conduct of business enterprises, particularly multinational corporations? This book responds to this topical question by identifying corporate accountability standards and discussing their implementation by international organizations.

This is the first book to examine systematically all international sources of corporate accountability standards with specific reference to environmental protection and to elaborate on their theoretical and practical implications for international environmental law. The book argues that although international environmental law does not bind multinational corporations and other business entities, growing international practice points to the emergence of legal standards. These standards allow adapting and translating inter-State obligations embodied in international environmental law into specific normative benchmarks to determine the legitimacy of the conduct of the private sector against internationally recognized values and rules.

The role of international organizations that, in the absence of State intervention, identify and promote the application of selected international environmental standards is analyzed in depth. This analysis demonstrates how these international organizations are a driving force in establishing and operating international standards for corporate environmental accountability.