- European Court of Human Rights: Opuz v. Turkey, with introductory note by Rosa M. Celorio
- Court of First Instance of the European Communities: Zhejiang Xinan Chemical Industrial Group Co. Ltd v. Council of the European Union, with introductory note by Charles Owen Verrill, Jr.
- Settlement Agreement in Wiwa v. Royal Dutch Petroleum Company (S.D.N.Y. 2009), with introductory note by Ralph G. Steinhardt
- International Centre for Settlement of Investment Disputes: Saipem S.p.A. v. The People’s Republic of Bangladesh, with introductory note by Julia-Didon Cayre
- NAFTA/UNCITRAL: Glamis Gold, Ltd. v. United States, with introductory note by Eloïse Obadia
- International Centre for Settlement of Investment Disputes: Malaysian Historical Salvors & Phoenix Action, Ltd. – Definition of Investment, with introductory note by Charbel A. Moarbes
- Special Tribunal for Lebanon: Orders Regarding the Detention of Persons & Memorandum of Understanding, with introductory note by David Tolbert
- ASEAN Intergovernmental Commission on Human Rights – Terms of Reference, with introductory note by Christina M. Cerna
- Council of the EU, Commissioner for Human Rights — Resettlement of Guantanamo Detainees, with introductory note by Scott Lyons
- United Nations Security Council Resolution 1874 on Non-Proliferation, with introductory note by Daniel H. Joyner
- International Court of Justice: Dispute regarding Navigational and Related Rights (Costa Rica v. Nicaragua), with introductory note by Nienke Grossman
Saturday, February 6, 2010
Friday, February 5, 2010
This Commentary provides the reader with a review of international standards and practice relating to the political participation of minorities. Political participation has been increasingly recognized as a foundational issue in the debate about minority rights. It is argued that minorities are more likely to feel co-ownership in the state if they have the opportunity to participate freely and effectively in all aspects of its governance, and that sustained and meaningful engagement will guard against the sense of alienation and exclusion among minorities that often emerges in ethnically divided societies.
Taking as its starting point the two most important standard-setting documents in the field - the Lund Recommendations on the Effective Participation of National Minorities in Public Life, developed by the Organization for Security and Cooperation in Europe, and the Council of Europe's Thematic Commentary on the Issue of Political Participation of Minorities - the Commentary locates the international legal entitlement to political participation within the wider context of the right to democratic governance. It also considers effective participation in relation to the right to full and effective equality, as well as the legal entrenchment of these provisions and implementation mechanisms. Individual chapters then consider each of the principal mechanisms aimed at enhancing political participation, ranging from procedures covering minority representation in political institutions to consultative mechanisms and autonomy solutions.
Climate Change is an issue that has the potential to affect every person on this planet. Because of this and the immediacy of the problems Climate Change presents, the issue has been gaining notoriety in recent years, from news coverage to presidential policy. To put Climate Change into context, many have begun studying the interplay between Climate Change and economics, from conversion costs to clean energy to trade routes influenced by new weather patterns. While this allows Climate Change to be understood in the context of monetary and behavioral effects, it does not fully address the humanitarian effects. In response to the shortcomings of this approach, some prominent scholars in this field have begun proposing that Climate Change should be understood in the context of Human Rights as well. This approach to understanding Climate Change will allow both humanitarian and economic concerns to be addressed in tandem and to have all costs, both monetary and nonmonetary, laid out before the decision makers. Adaptation will be integral in dealing with the economic and humanitarian impacts of Climate Change, which will require guidance.
There has been relatively little scholarly research in this context, but this view is gaining acceptance in influential communities. Among the groups taking notice of this Human Rights approach to Climate Change are the World Health Organization, the International Council on Human Rights, and, perhaps most notably, the United Nations, which has issued a resolution on the topic and commissioned a study. This issue was of key importance at the UNFCCC conference in Copenhagen that happened in December 2009. To take advantage of the opportunity to be at the forefront of research and guidance on this topic, the Georgia Journal of International and Comparative Law together with the Dean Rusk Center and the University of Georgia School of Law will be hosting a conference to probe the question “What is the relationship between Human Rights and Climate Change?” Specifically, the conference will be focusing on the proper role of law in managing and regulating this relationship. The format of the conference will be a guided roundtable discussion, with topics ranging from an overview of the current state of thinking on the subject, to specific impacts, to the requisite role of particular institutions in regulation of these impacts.
- Veronika Hrbatá, No International Organization is an Island . . . the WTO’s Relationship with the WIPO: A Model for the Governance of Trade Linkage Areas?
- Mira Burri-Nenova, Trade and Culture in International Law: Paths to (Re)conciliation
- Robert Wolfe, Sprinting During a Marathon: Why the WTO Ministerial Failed in July 2008
- Julia Ya Qin, The Challenge of Interpreting ‘WTO-PLUS’ Provisions
- Jorge A. Huerta-Goldman, Mexico in the WTO and NAFTA in a Nutshell: Litigating International Trade Disputes
- Alessandro Nicita & Simonetta Zarrilli, Trade Policy and Gender – Unfolding the Links
- Jean-Jacques Hallaert, Economic Partnership Agreements: Tariff Cuts, Revenue Losses and Trade Diversion in Sub-Saharan Africa
- Céline Carrère & Jaime de Melo, The Doha Round and Market Access for LDCs: Scenarios for the EU and US Markets
Conference: Lucrum in bello: Les entreprises militaires et de sécurité privées dans le monde contemporain
Les guerres d’Afghanistan et d’Irak ont mis au jour des pratiques en plein essor : le recours, dans des zones de conflit ou à risques, à des entreprises privées qui fournissent à leur co-contractant (Etats, organisations internationales, ONG, firmes multinationales) des services de nature militaire ou de sécurité. Loin de faire l’objet d’interdictions, ce « mercenariat légalisé » révèle une marchandisation de la guerre qui soulève de nombreux problèmes politiques et juridiques.
Après une présentation et une analyse du phénomène des entreprises militaires et de sécurité privées (EMSP), le colloque se propose d’étudier les défis qu’il emporte d’un point de vue tant théorique que pratique. La question de l’encadrement juridique de ce type particulier d’entreprises sera traitée, avant que soient abordés les problèmes de responsabilité générés par leur activité. Une ultime table ronde sera l’occasion de poser la question du contrôle à exercer sur ces sociétés.
Christian Tams (Univ. of Glasgow - Law) will give a talk today at the Lauterpacht Centre for International Law Friday Lunchtime Lecture Series on "Barcelona Traction: Forty Years After."
Thursday, February 4, 2010
- James Crawford, Continuity and Discontinuity in International Dispute Settlement: An Inaugural Lecture
- William W. Park, Arbitrators and Accuracy
- Pierre Lalive, On the Reasoning of International Arbitral Awards
- Gabrielle Marceau & Julian Wyatt, Dispute Settlement Regimes Intermingled: Regional Trade Agreements and the WTO
- Gustavo Laborde, The Case for Host State Claims in Investment Arbitration
- Anthony Aust, Advisory Opinions
- Kaj Hobér, Investment Arbitration and the Energy Charter Treaty
- Bradly J. Condon, Lost in Translation: Plurilingual Interpretation of WTO Law
Kirby: Constitutional Law and International Law: National Exceptionalism and the Democratic Deficit?
The subject of this lecture is how we are reconciling the democratic features of our constitutionalism with one of the most powerful forces for change in the law today. I refer to the rapid advance of international law and especially of the international law of human rights. Necessarily, this latter development derives from institutions and processes that answer to a constituency beyond the democracy of the nationstate. One of the challenges before every legal system in the current age is how to accommodate the continuing role of the nation-state with the international order as it is emerging, and how to reconcile the functions, powers, and dignity of national courts with international law, including as that law is declared by international and regional courts and other relevant decision-making bodies.
- Gabriella Blum, The Laws of War and the "Lesser Evil"
- Michael J. Glennon, The Blank-Prose Crime of Aggression
- Katerina Linos, Path Dependence in Discrimination Law: Employment Cases in the United States and the European Union
Wednesday, February 3, 2010
Philosophers of great stature rarely write about international law or international relations. When they do, their writing, though often illuminating, tends to be brief, episodic and marginal to the rest of their work. Major exceptions include the towering eighteenth-century Enlightenment thinker Immanuel Kant and the contemporary German thinker Jürgen Habermas, much of whose highly influential work is devoted to international affairs. The relationship between Kant and Habermas is an extremely close one, and few later thinkers have done as much as Habermas to demonstrate the continuing importance and relevance of Kant’s political thought for the contemporary world.
Briefly stated, our argument is this: two characteristically Kantian theses need to be distinguished. The first thesis we call the idea of “world federalism,” in other words the creation of some form of global governance structures as a solution to the problem of war. The second thesis is what has come to be called the “democratic peace.” The first idea envisages the creation of a “cosmopolitan constitution,” or a set of legal and political arrangements on a global scale that would entrench peace between and within states, partly through extending world citizenship and human rights protections to all human beings. Kant also discovered what later expositors have come to call the “democratic peace thesis.” Supporters of the democratic peace thesis often believe that the surest and best method of securing global peace, protecting human rights and reducing the incidence of mass atrocities is to promote democracy successfully throughout the world.
Our core claim is this: Habermas conceives the “Kantian project” to be one of securing global peace and upholding basic human rights through strengthening and expanding supranational and transnational institutions. In substance, he is offering a kind of Kantian world federalism as the way forward for the global community of states. We consider that approach fundamentally mistaken. In our view, democracy-promotion is clearly the better path. It recognizes the necessity and desirability of a plurality of independent nation states. It is more protective of both the freedom of individuals and the cultural identities of peoples. It is far more likely to yield a durable global peace. And it can form the basis of a foreign policy that serves the national security interests of the US and its leading allies.
- Francesco Salerno, Genesi e usi della nozione di organo nella dottrina internazionalista italiana
- Tullio Scovazzi, La Repubblica riconosce e garantisce i diritti inviolabili della segretezza delle relazioni tra servizi informativi italiani e stranieri?
- Lucia Serena Rossi, I principi enunciati dalla sentenza della Corte Costituzionale tedesca sul Trattato di Lisbona: un'ipoteca sul futuro dell'integrazione europea?
- Ornella Feraci, La legge applicabile alla tutela dei diritti della personalità nella prospettiva comunitaria
- Note e Commenti
- Nicole Lazzerini, La tutela giurisdizionale degli individui rispetto agli atti PESC nella prospettiva del Trattato di Lisbona
- Symposium: India and International Law
- R.P. Anand, The Formation of International Organizations and India: A Historical Study
- B.S. Chimni, International Law Scholarship in Post-colonial India: Coping with Dualism
- V.G. Hegde, Indian Courts and International Law
- Prabhakar Singh, Indian International Law: From a Colonized Apologist to a Subaltern Protagonist
- Hague International Tribunals: International Criminal Court and Tribunals
- Barrie Sander, Unravelling the Confusion Concerning Successor Superior Responsibility in the ICTY Jurisprudence
- Cliff Farhang, Point of No Return: Joint Criminal Enterprise in Brđanin
- Hague International Tribunals: Reflections on Practice
- Mohamed A. Bangura, Prosecuting the Crime of Attack on Peacekeepers: A Prosecutor's Challenge
- Current Legal Developments
- Raphaël van Steenberghe, Self-Defence in Response to Attacks by Non-state Actors in the Light of Recent State Practice: A Step Forward?
- Jure Vidmar, Multiparty Democracy: International and European Human Rights Law Perspectives
- Annika Wythes, Investor–State Arbitrations: Can the ‘Fair and Equitable Treatment’ Clause Consider International Human Rights Obligations?
- Andrea Gioia, Kosovo’s Statehood and the Role of Recognition
- Antonello Tancredi, Neither Authorized nor Prohibited?: Secession and International Law After Kosovo, South Ossetia and Abkhazia
- Gianluca Serra, The International Civil Administration in Kosovo: A Commentary on Some Major Legal Issues
- Mirko Sossai, Status of Private Military Companies’ Personnel in the Laws of War: The Question of Direct Participation in Hostilities
- Giacomo Gattinara, WTO Law in Luxembourg: Inconsistencies and Perspectives
- Andrea Gioia, The International Atomic Energy Agency, Nuclear Security and the Fight Against International Terrorism
- Alessandro Chechi, The Return of Cultural Objects Removed in Times of Colonial Domination and International Law: The Case of the Venus of Cyrene
- Lucas Lixinski, Choice of Forum in International Human Rights Adjudication and the Unity/Fragmentation Debate: Is Plurality the Way Forward?
Robert Keohane (Princeton Univ. - Woodrow Wilson School) will give a talk today at the New York University School of Law Institute for International Law and Justice International Legal Theory Colloquium on "The Regime Complex for Climate Change" (co-authored with David Victor, Univ. of California, San Diego).
Christian Tams (Univ. of Glasgow - Law) will give a talk today at the UCL Faculty of Laws and International Law Association (British Branch) International Law Seminar on "Revisiting a Landmark: The Continuing Relevance of the Barcelona Traction Judgment."
Tuesday, February 2, 2010
In this fascinating book, Gerry Nagtzaam questions why some regimes seek to preserve and protect some parts of nature from development, some seek to wisely manage certain parts of nature for development, whilst others allow the reckless exploitation of nature without accounting for the consequences. Tracking the fate of the three over-arching norms of environmental politics – preservation, conservation and exploitation – using case studies on whaling, mining in Antarctica and tropical timber, this book illustrates how international political battles to shape environmental regimes inevitably result in clashes between these competing environmental norms.
The central aim of this insightful book is to illuminate how many concepts in international environmental law such as the precautionary principle and sustainable development are taken for granted. These problematic issues are very much still evolving and subject to heated debate between scholars as well as between states.
The author explores these controversies viewing them as a positive development within a field that is in a constant state of flux. Areas discussed include the convergence of human rights with environmental issues and the quest for the human right to a clean environment. The book also clearly demonstrates that international environmental law cannot be analysed in isolation since it greatly influences the development of general international law.
Taking full account of the most recent decisions of international courts and tribunals as well as the most up-to-date scholarly analysis, Contemporary Issues in International Environmental Law is a timely and important resource for legal scholars, under- and post-graduates and practitioners alike.
The International Law Commission (ILC) spent four years considering the problems associated with the fragmentation of international law. Unfortunately, the ILC chose to remain on the pragmatic level. This paper provides examples where the Final Report would have had to delve into theory and where it would have had to question common assumptions, but where it did not go far enough. It will also try to flesh out some of the consequences of merely accepting existing doctrines. The example used here is the so-called principle of systemic or systematic integration, which raises a plethora of theoretical problems and touches upon the very basis of the constitution of international law. The present article is an attempt to analyse the methodology of the Study Group in the structure of its argument without relying on orthodox deference to commonly accepted doctrines. This is a positivist-normativist’s deconstruction as well as a reconstruction of the merits of this claim. The aim is to reconstruct the foundation, the operation and the consequences that can follow from systemic integration on the basis of a strict adherence to positive law.
- February 1: Monica Hakimi (Univ. of Michigan – Law), State Bystander Responsibility
- February 22: Karen Alter (Northwestern Univ. - Political Science), The New Terrain of International Law: International Courts in International Politics
- March 22: Andrew Guzman (Univ. of California, Berkeley – Law), Explaining Soft Law
- March 29: Eric Posner (Univ. of Chicago – Law), Foreign Affairs Legalism: A Critique
- April 12: Tom Ginsburg (Univ. of Chicago – Law), Constitutional Convergence? The Reciprocal Relationship between Constitutions and Human Rights Treaties
- April 19: Barbara Koremenos (Univ. of Michigan - Political Science), TBA
Monday, February 1, 2010
Dannenbaum: The International Criminal Court, Article 79, and Transitional Justice: The Case for an Independent Trust Fund for Victims
In a groundbreaking development in the design of institutions of international criminal justice, the Rome Statute of the International Criminal Court provided in 1998 for the creation of a fund to benefit victims of crimes within the jurisdiction of the Court - the aptly named Trust Fund for Victims (“TFV”). A decade later, the Fund for the first time asserted its prerogative to act on its own initiative to benefit victims. At the time, the International Criminal Court (ICC) was far from ready to exercise its authority under Article 75 to order the payment of reparations - the Court’s primary judicial mechanism for the assistance of victims. Moreover, the TFV’s proposed projects would assist victims who had suffered crimes perpetrated by unidentified individuals whom the Prosecutor of the ICC had yet to charge and who were - in all likelihood - not even under investigation by his Office. It was an aggressive first step and objections were immediately raised that the TFV had exceeded its mandate. Unmoved by these claims, Pre-Trial Chamber I, allowed the Fund to proceed with the proposed action. However, in so doing the Pre-Trial Chamber also held that the Fund is bound by an obligation to contribute to Court-ordered Article 75 reparations whenever the funds available from the convicted person prove insufficient to pay the reparation deemed appropriate by the Court. This Paper argues that the TFV’s independent initiation of the kind of projects in which it has engaged was (and is) well within the bounds of its legal authority. Moreover, not only is such independent action desirable, but, contra the Pre-Trial Chamber, it should not be limited by the prospect of future Court-ordered Article 75 reparations. Such Court-ordered reparations should be funded only by the wealth of the criminal against whom those reparations are ordered and by other Court-generated resources, such as fines and forfeitures. Neither is the TFV legally obliged to use its “other resources” to supplement Court-generated funds in order to meet the Court’s reparative assessment, nor would such use of the TFV’s resources be optimal. Instead, the TFV should take full advantage of its legal freedom by engaging in reparative projects that seek to benefit and acknowledge those victims that are unlikely to be reached by the Court’s Article 75 reparations process. That is not to say that the Fund’s freedom is limitless. The governing legal texts require that the TFV restrict its projects to those benefiting victims of crimes that fall within the ICC’s jurisdiction, and as a matter of policy the Fund should direct its activities to situations in which the prosecutor has issued indictments. However, within those confines, the Fund enjoys great discretion, and it is in the interest of transitional justice that it should exercise that discretion without restraints of the kind currently imposed by the Court.
- M. Cherif Bassiouni, Perspectives on International Criminal Justice
- Daniel Abebe & Jonathan S. Masur, International Agreements, Internal Heterogeneity, and Climate Change: The “Two Chinas” Problem
- Sean Watts, Combatant Status and Computer Network Attack
- Kevin Kolben, Labor Rights as Human Rights?
- David H. Moore, Medellín, the Alien Tort Statute, and the Domestic Status of International Law
Check out the online symposium discussing these pieces all this week at Opinio Juris.
- Amaka Megwalu & Neophytos Loizides, Dilemmas of Justice and Reconciliation: Rwandans and the Gacaca Courts
- Terry Carney, Securing Social Security for Migrant Workers: Orthodox Approaches or an Alternative (Regional/Political) Path for Southern Africa?
- Ireh Iyioha, Medical Negligence and the Nigerian National Health Insurance Scheme: Civil Liability, No-Fault or a Hybrid Model?
- Kofi Oteng Kufuor, Sub-State Protectionism in Ghana
- Richard Frimpong Oppong, The African Union, the African Economic Community and Africa's Regional Economic Communities: Untangling a Complex Web
- Ian Brownlie, The Politics of Human Rights in Relation to the Rule of Law
- Rudiger Wolfrum, Solidarity amongst States: An Emerging Structural Principle of International Law
- Robert P. Barnidge, Jr., Neocolonialism and International Law, With Specific Reference to Customary Counterterrorism Obligations and the Principle of Self-Defence
- Rebecca Everly, Accountability Challenges for International Territorial Administration
- Ravindra Pratap, India, WTO and Alcoholic Beverages
- Morris Kiwinda Mbondenyi, Invigorating the African System on Human and Peoples' Rights Through Institutional Mainstreaming and Rationalisation
- Joke Swiebel & Dennis van der Veur, Hate Crimes Against Lesbian, Gay, Bisexual and Transgender Persons and the Policy Response of International Governmental Organisations
- Antenor Hallo de Wolf & James Watson, Navigating the Boundaries of Prevention: The Role of OPCAT in Deportations with Diplomatic Assurances
Sunday, January 31, 2010
- Bård A. Andreassen & Dan Banik, Editorial Introduction: Human rights and extreme poverty: African dimensions
- A. Byaruhanga Rukooko, Poverty and human rights in Africa: historical dynamics and the case for economic social and cultural rights
- Dan Banik, Support for human rights-based development: reflections on the Malawian experience
- Robert Tumukwasibwe, Parliament and the politics of poverty reduction in Uganda: a critical appraisal
- Seodi White, Extreme poverty and its impact on women's vulnerability to HIV transmission: a rights issue
- Gordon Crawford, Decentralisation and struggles for basic rights in Ghana: opportunities and constraints
- Dulo Nyaoro, Policing with prejudice: how policing exacerbates poverty among urban refugees