- Stefan-Ludwig Hoffmann, Zur Genealogie der Menschenrechte
- Mark Mazower, Ende der Zivilisation und Aufstieg der Menschenrechte
- Samuel Moyn, Personalismus, Gemeinschaft und die Ursprünge der Menschenrechte
- Mikael Rask Madsen, Legal Diplomacy. Die europäische Menschenrechtskonvention und der Kalte Krieg
- Lora Wildenthal, Rudolf Laun und die Menschenrechte der Deutschen
- Jennifer Amos, Die Sowjetunion und die Allgemeine Erklärung der Menschenrechte
- Glenda Sluga, René Cassin und die Geschichte der Menschenrechte
- Kevin Grant, Die Menschenrechte und die Abschaffung der Sklaverei
- Devin O. Pendas, Auf dem Weg zu einem globalen Rechtssystem?
- Fabian Klose, Menschenrechte, der koloniale Ausnahmezustand und die Radikalisierung der Gewalt
- Daniel Roger Maul, Die International Labour Organization und die Globalisierung der Menschenrechte
- Andreas Eckert, Afrikanische Nationalisten und die Frage der Menschenrechte
- A. Dirk Moses, Kriegsverbrecher- und Völkermordprozesse gegen pakistanische Soldaten in Bangladesch
- Jan Eckel, Die internationale Menschenrechtskampagne gegen Chile
- Celia Donert, Charta 77 und die Roma
Saturday, May 15, 2010
Friday, May 14, 2010
Even as the world witnesses another pandemic, industrialized nations and their industries continue their efforts to “rachet-up” levels of Intellectual Property (IP) protection. Such a maximalist agenda drives another paradigm shift in the international IP regime today. While maximalists employ several methods to promote their agenda, this work seeks to study the case of European border enforcement law (EC Regulation 1383) and its effects on international trade in generic drugs. Triggered by several incidents involving “seizure” of in-transit generic drugs by European customs, the issue continues to be “hotly debated” on at the international level and is of immense contemporary relevance to larger issue of global justice.
After a discussion on the evolution of European border enforcement law and the its interpretation by European courts to determine its scope, this work seeks to study the effect of EC Regulation 1383 on international trade in generic pharmaceuticals by studying several instances of “seizure” of generic pharmaceuticals in-transit between developing nations and the international debate it has generated at the WTO. The discussion highlights the maximalist (and “TRIPS-Plus-Plus”) nature of the European law and raises important issues concerning the interpretation of Agreement on Trade-Related Aspect of IP Rights, public health, Doha Declaration and the possibility of a future WTO dispute. The discussion concludes with some comments on broader issues of global justice and the WTO that are raised by the European law and its enforcement affecting access to medicines in developing countries.
Since it is traditionally labeled the most neglected aspect of the field, different triggering factors might account for the so-called ‘historical turn’ in international law in the post-Cold War era. On the material side, the preconditions for professional work in this area have been met by a certain democratization of research brought about by the progressive incorporation of new technologies and a trendy rising demand for international lego-historically oriented work from the publishing side.
The emergence of specialist journals, the consecration – as a matter of editorial policy – of special issues in reputed publications to key historical doctrinal figures of international law, and the appearance of a number of emblematic book-length works (which have, in their turn, contributed to feeding the industry of historical international legal commentary) feature both as cause and as nurturing ongoing effect of the contemporary ‘global surge of interest in the history of international law and its scholarship’. While admittedly receptive in its evolutionary dynamics to these favourable background material academic conditions, a number of intradisciplinary rationales should be concomitantly examined so as to account for the accompanying scholarly spiritual drive that has made it possible that the history of international law may today claim a disciplinary status of its own.
- Charles Chernor Jalloh, Universal Jurisdiction, Universal Prescription? A Preliminary Assessment of the African Union Perspective on Universal Jurisdiction
- Darryl Robinson, The Mysterious Mysteriousness of Complementarity
- Payam Akhavan, Self-Referrals Before the International Criminal Court: Are States the Villains or the Victims of Atrocities?
- Angelos Dimopoulos, Shifting the Emphasis from Investment Protection to Liberalization and Development: The EU as a New Global Actor in the Field of Foreign Investment
- Lorenzo Cotula, Pushing the Boundaries vs Striking a Balance: The Scope and Interpretation of Stabilization Clauses in Light of the Duke v. Peru Award
- Badar Alam Iqbal & Theo Van Der Merwe, World Trade Organization: What is its Future?
- Roberto Soprano, The Threat of Material Injury in Anti-Dumping Investigations: A Threat to Free Trade
- Kálmán Kalotay, The Political Aspect of Foreign Direct Investment: The Case of the Hungarian Oil Firm MOL
- Sasidaran Gopalan and Ramkishen S. Rajan, Financial Sector De-Regulation in Emerging Asia : Focus on Foreign Bank Entry
- Abdullah Suleiman Nawafleh, The Legal Framework for Foreign Direct Investment in the Hashemite Kingdom of Jordan
- Jacques Werner, Arbitral Chronicle V—David Ricardo and Adam Smith
Thursday, May 13, 2010
- Andrew F. Cooper & Paola Subacchi, Overview
- Eric Helleiner, A Bretton Woods moment? The 2007–2008 crisis and the future of global finance
- Avinash Persaud, The locus of financial regulation: home versus host
- Andrew Baker, Restraining regulatory capture? Anglo-America, crisis politics and trajectories of change in global financial governance
- Paola Subacchi, Who is in control of the international monetary system?
- Paolo Guerrieri, Multipolar governance and global imbalances
- Gregory T. Chin, Remaking the architecture: the emerging powers, self-insuring and regional insulation
- Amrita Narlikar, New powers in the club: the challenges of global trade governance
- Anthony Payne, How many Gs are there in 'global governance' after the crisis? The perspectives of the 'marginal majority' of the world's states
- Andrew F. Cooper, The G20 as an improvised crisis committee and/or a contested 'steering committee' for the world
Conceived as a contribution to the historiographical turn in international law and within this area to the study of national traditions of international legal thought, this works begins by explaining the mermaid’s song of the axis imperial temptation that characterized Spanish international law from 1939 to 1945. In this context, the role played by the reception of Carl Schmitt’s work, both among political and legal theorists with a marked internationalist orientation within the Falangist intelligentsia will be firstly examined. While the intellectual reception of Schmitt was instrumentally aimed at fashioning the theoretical legitimization of the new authoritarian regime, it also mirrored the acute climax of intellectual fascistization of Spain’s combative counter-revolutionary elites between 1939 and 1942. This period of fascist mimesis, that is epitomized by the Franco regime’s foreign policy orientation towards the Axis powers during World War II, is subsequently studied through the influence exerted by the book Reivindicaciones de España and other similar works of neo-colonialist credentials produced by Spanish international lawyers at the time. Secondly, this works examines the Spanish transition from autarchy to international realignment with the West in the period 1945 to 1953. In this context, it is explored how the nationalist reaffirmation of a culture grounded in Catholic conservatism and traditionalism fostered the adoption of a marked thematic orientation towards natural law and the recuperation of the Siglo de Oro’s Salamanca school all in a climate of severe intellectual repression and organically nationalist directed scientific work in Spain. A retrospective attention is paid to the contribution of Spanish authors to the establishment of Padre Vitoria as a founding father of the discipline during the inter-war years and to the related existence of a line of imperialist continuity in Spanish foreign policy vis-à-vis its ancient colonies in both periods. This attention to the revival of natural law and historico-legal studies, which was part of a broader Spanishification on ideological and spiritual grounds that affected the society as a whole at the time, will be preceded by an analysis of some characteristic elements of the internationalist intellectual production regarding Soviet foreign policy and Marxism. Thirdly, conceived in the form of an epilogue, the final part of this essay does, in its turn, place itself in the early 60ies at a juncture when the ideological spiritual model previously dominant in the academy was gradually giving way to the implicitly conservative technocratic model that would prevail in that decade. Influenced by a growing domestic intellectual dissent, this period would witness a short-lived return by the Spanish doctrine to the history of the early 20th century that is epitomized in the launching of a scientific project under the title of Notes for the history of Spanish internationalist thought. Yet, despite this precious precedent, the contemporary Spanish international legal academy still suffers from what even the most sympathetic observer would term an Orpheus-like syndrome vis-à-vis its own international lego-historical doctrinal evolution in the 19th and 20th centuries.
NAFTA and its side agreements created an environmental regime within the context of a trade agreement. While the regime has failed to resolve environmental objections to increased economic integration, its failure in that respect should not obscure its relative success as a path-breaking attempt to promote sustainable development throughout the continent, particularly in Mexico. Although even in this light its achievements may appear minor, its provisions on technical cooperation, financial assistance, public participation, and independent monitoring provide a basis upon which later efforts to promote sustainable development could build.
Unfortunately, the United States has ignored the lessons of the NAFTA environmental regime. The United States has required its trading partners to accept environmental provisions as a condition to entering into each of the twelve free trade agreements it has negotiated since NAFTA, but instead of improving on the original template, the post-NAFTA agreements do just the opposite. They copy elements from the NAFTA regime that have proven ineffective and they fail to include, much less strengthen, more promising provisions. As a result, the later agreements are weaker than the NAFTA environmental regime, and they are far weaker than they could have been had its lessons been taken into account.
This article is part of a symposium issue on labor and environmental protections in U.S. free trade agreements.
Beth Simmons (Harvard Univ. - Government) will give a talk today at the Northwestern University Buffett Center for International and Comparative Studies International Organizations and International Law Workshop on "The International Investment Regime: Sovereignty, Investor Security, and Dispute Settlement since the 1980s."
Wednesday, May 12, 2010
- Zou Keyuan, The International Tribunal for the Law of the Sea: Procedures, Practices, and Asian States
- Dennis M. King & Mario N. Tamburri, Verifying Compliance with Ballast Water Discharge Regulations
- Suk Kyoon Kim, Korean Peninsula Maritime Issues
- B.A. Hamzah, Malaysia and the Southern Ocean: Revisiting the Question of Antarctica
The idea behind ILR was straightforward - to bring you the latest and most interesting news and information on scholarship, events, and ideas in international law and related fields. An obvious corollary was that reports should reflect the wide range of scholarship out there - in terms of viewpoint, scholarly discipline, type of publication, and language. Another was that ILR's coverage must encompass the full scope of contemporary international law subjects. The assumption, in other words, was that folks interested in international law needed to know not only what was going on in their own particular specialty and in their own particular country but also what was going on in seemingly unrelated substantive areas and in unfamiliar journals published in different languages and in different parts of the world.
We've tried hard to do all this, but we know that there's always room for improvement. Suggestions are most welcome. And though we can't guarantee that we'll post everything we receive, we encourage you to contact us with announcements of events and publications.
ILR would not exist without the many visitors from all parts of the world who make this blog a part of their daily routine. Thanks for coming, and we hope you come back.
- Locknie Hsu, Multi-Sourced Norms Affecting Sovereign Wealth Funds: A Comparative View of National Laws, Cross-Border Treaties and Non-binding ‘Codes’
- An Chen, Queries to the Recent ICSID Decision on Jurisdiction Upon the Case of Tza Yap Shum v. Republic of Peru: Should China-Peru BIT 1994 Be Applied to Hong Kong SAR under the “One Country Two Systems” Policy
- Rafael Leal-Arcas, Towards the Multilateralization of International Investment Law
- Ahmad Ali Ghouri, Investment Treaty Arbitration and the Development of International Investment Law as a ‘Collective Value System’: A Synopsis of a New Synthesis
- Pierre-Emmanuel Dupont, Foreign Investment and the Status of Kosovo in International Law
- Jacques Werner, Arbitral Chronicle IV—Thomas and the Three German Maxims
- Michael Pryles, The Kaplan Lecture 2009 – When is an Arbitration Agreement Waived?
- Alberto Alvarez-Jiménez, Foreign Investment Protection and Regulatory Failures as States’ Contribution to the State of Necessity under Customary International Law – A New Approach Based on the Complexity of Argentina’s 2001 Crisis
- Albert Jan van den Berg, Enforcement of Arbitral Awards Annulled in Russia – Case Comment on Court of Appeal of Amsterdam, April 28, 2009
- Simon Greenberg & Flavia Mange, Institutional and Ad Hoc Perspectives on the Temporal Conflict of Arbitral Rules
When and why are international rules binding? Focusing on questions of state security, The Fog of Law considers the nature of obligation in international law. In so doing, it challenges the prevailing theories of obligation based on natural law or positive law approaches.
Michael J. Glennon argues for a pragmatist approach to international law—that international law has force when enough countries honor it. Using elements of rational choice theory, Glennon describes an international "frame of mind" that draws on the fluctuating network of incentives and disincentives surrounding international rules to explain states' uneven compliance. The Fog of Law defends its approach through discussions of key contemporary security issues, including the United Nations' use of force rules, security assurances, nuclear proliferation, and the new crime of aggression proposed for the International Criminal Court.
Tuesday, May 11, 2010
- Sital Kalantry, Jocelyn E. Getgen, & Steven Arrigg Koh, Enhancing Enforcement of Economic, Social, and Cultural Rights Using Indicators: A Focus on the Right to Education in the ICESCR
- James A. Goldston, The Struggle for Roma Rights: Arguments that Have Worked
- Richard P. Hiskes, Missing the Green: Golf Course Ecology, Environmental Justice, and Local "Fulfillment" of the Human Right to Water
- Tanya Basok & Emily Carasco, Advancing the Rights of Non-Citizens in Canada: A Human Rights Approach to Migrant Rights
- Reed M. Wood & Mark Gibney, The Political Terror Scale (PTS): A Re-introduction and a Comparison to CIRI
- David L. Cingranelli & David L. Richards, The Cingranelli and Richards (CIRI) Human Rights Data Project
- Pablo Gilabert, The Importance of Linkage Arguments for the Theory and Practice of Human Rights: A Response to James Nickel
- James W. Nickel, Indivisibility and Linkage Arguments: A Reply to Gilabert
The twenty-first century has seen millions unemployed. It has seen livelihoods undermined by environmental degradation. Middle-class cities in Europe, Asia, and Africa have become cauldrons of violence and resentment. Tribalism, ethnic nationalism, and religious fundamentalism have flared dangerously, from Russia to Spain. The use of force is unlikely to help. What works when counter-insurgency has run its course: in Iraq, Afghanistan, Pakistan, and beyond?
In this book, two authors brought together from distant points on the political spectrum by their concerns about the repercussions of violent political conflict on human lives, explain and explore a new idea for stabilizing the dangerous neighborhoods of the world. They challenge head-on Condoleezza Rice's declaration that "it is not the job of the 82nd Airborne Division to escort kids to kindergarten" contending that, in fact, it should be. When marginalized populations are trapped in poverty and lawlessness and denied political power and justice brutality, and fascism thrive. Human security is a new concept for clarifying what peace requires and the policies and priorities by which to achieve it.
How best to secure justice in the aftermath of mass atrocity? International criminal tribunals – and courtrooms and jailhouses generally – have emerged as influential accountability mechanisms. Yet the justice pursued by international criminal tribunals, although tangible, also is strikingly under-inclusive. These limitations suggest that adequately redressing collective violence might contemplate a discursive shift to inclusively incorporating other accountability mechanisms, including collective forms of responsibility. Collective responsibility implies non-criminal sanctions that attach to groups whose misfeasance or nonfeasance is supportive of, acquiescent in, causally connected to, or necessary for serious violations of international criminal law to occur. This paper examines what collective responsibility mechanisms might look like; what ends they might serve; what dangers they pose; and how they might contribute to a more robust instantiation of post-conflict justice.
This book is the proceedings of the first IAI Forum, held at the Chateau du Clos de Vougeot in Burgundy in September 2008, where 50 among the most prominent figures in international arbitration, including distinguished judges from various jurisdictions, gathered to share their experience and bring their perspective on one of the most fundamental and complex aspects of international arbitration: the Review of International Arbitral Awards.
The first part of the volume is devoted to the review of arbitral awards by national courts. It contains an introductory report by Professors Bernard Hanotiau and Olivier Caprasse comparing the practice of domestic courts, particularly on the issue of public policy, as well as individual reports by four judges of leading jurisdictions: Judge Dominique Hascher for France, Lord Mance for the United Kingdom, Supreme Court Justice Stephen Breyer for the United States and Judge Roland Halvorsen for Sweden.
The second part focuses on the review of awards in the ICSID system. Professor W. Michael Reisman authored introductory remarks on the topic of control systems in ICSID arbitration. Against that background, four investment arbitration specialists having sat as members of ICSID ad hoc Committees analyse various grounds for annulment under Article 52 of the ICSID Convention: Sir Franklin Berman discusses the Scope of review of the tribunal's jurisdiction, Amed El-Kosheri addresses the Scope of the review based on manifest excess of powers, Judge Gilbert Guillaume focuses on the Review based on a failure to state reasons, and Andreas Bucher explores whether there is a need to establish a permanent review body within ICSID.
The volume also contains a contribution by Johnny Veeder on the topic of whether the 1958 New York Convention on the enforcement and execution of foreign arbitral awards should be revised.
Finally, it includes over 100 pages of transcript of the exchanges that took place at the issue of both sessions.
Michael Stein (Harvard Univ. - Law) will give a talk today at the Hebrew University of Jerusalem International Law Forum on "The UN Disability Convention and Its Prospects for Domestic Implementation."
Monday, May 10, 2010
- Volume 335
- Paul R. Beaumont, The Jurisprudence of the European Court of Human Rights and the European Court of Justice on the Hague Convention on International Child Abduction
- Dario Moura Vicente, La propriété intellectuelle en droit international privé
- Volume 336
- Emmanuel Decaux, Les formes contemporaines de l'esclavage
- Campbell McLachlin, Lis Pendens in International Litigation
- Volume 337
- Ahmed Mahiou, Le droit international ou la dialectique de la rigueur et de la flexibilité
- Volume 339
- L.A. Sicilianos, Entre multilatéralisme et unilatéralisme: l'autorisation par le Conseil de sécurité de recourir à la force
- Volume 341
- Andreas Bucher, La dimension sociale du droit international privé
- Robert Howse & Ruti Teitel, Beyond Compliance: Rethinking Why International Law Really Matters
- Daniele Archibugi & Andrea Filippetti, The Globalisation of Intellectual Property Rights: Four Learned Lessons and Four Theses
- Robert Wade, After the Crisis: Industrial Policy and the Developmental State in Low-Income Countries
- Gawdat Bahgat, Sovereign Wealth Funds: An Assessment
- Matthew Bolton & Thomas Nash, The Role of Middle Power–NGO Coalitions in Global Policy: The Case of the Cluster Munitions Ban
- Howard Davies, Global Financial Regulation after the Credit Crisis
- Andrew Sheng, The Regulatory Reform of Global Financial Markets: An Asian Regulator's Perspective
- Eddy Wymeersch, Global and Regional Financial Regulation: The Viewpoint of a European Securities Regulator
- Edgar A. Whitley & Gus Hosein, Global Identity Policies and Technology: Do we Understand the Question?
- Linda Yueh, An International Approach to Energy Security
- Todd Moss, What Next for the Millennium Development Goals?
- Andy Salmon, Embracing Evolution Post-Iraq : A response to 'Counterinsurgency Concepts: What we learned in Iraq' by General David Petraeus
- Isabelle Mateos y Lago & Yongzheng Yang, The IMF and a New Multilateralism : A response to 'Global Governance after the Financial Crisis: A New Multilateralism or the Last Gasp of the Great Powers?' by Ngaire Woods
- Shinji Takagi, The IMF and a Renewed Birth of Multilateralism : A response to 'Global Governance after the Financial Crisis: A New Multilateralism or the Last Gasp of the Great Powers?' by Ngaire Woods
- Paulo Barrozo, The Child as a Person : A response to 'International Adoption: The Human Rights Position' by Elizabeth Bartholet
- International Conference of the Red Cross and Red Crescent
- Interview with Masood Khan
- François Bugnion, The International Conference of the Red Cross and Red Crescent: challenges, key issues and achievements
- Michael Meyer, The importance of the International Conference of the Red Cross and Red Crescent to National Societies: fundamental in theory and in practice
- Deborah Casalin & Christopher Lamb, Participation of States in the International Conference of the Red Cross and Red Crescent and assemblies of other international organizations
- Baptiste Rolle & Edith Lafontaine, The emblem that cried wolf: ICRC study on the use of the emblems
- Selected Articles on International Humanitarian Law
- Eva Wortel, Humanitarians and their moral stance in war: the underlying values
- Eve Massingham, Military intervention for humanitarian purposes: does the Responsibility to Protect doctrine advance the legality of the use of force for humanitarian ends?
- Kai Ambos, What does ‘intent to destroy’ in genocide mean?
- Jan Paulsson, Unlawful Laws and the Authority of International Tribunals
- Nassib G. Ziadé, ICSID's Contribution to the Development of Investment Arbitration in the Arab World
- Piero Bernardini, Specific Aspects of State-Party Arbitration
- Julian D.M. Lew, Does National Court Involvement Undermine the International Arbitration Process?
- Azzedine Kettani, L’arbitrage international en droit marocain
Sunday, May 9, 2010
Duchstein: Das internationale Benchmarkingverfahren und seine Bedeutung für den gewerblichen Rechtsschutz
Der UN-Sozialpakt schützt grundlegende Rechte wie das Recht auf Nahrung, Gesundheit oder Bildung. Da Staaten nur über begrenzte wirtschaftliche Kapazitäten verfügen, müssen sie die Rechte allerdings nur nach Maßgabe ihrer Ressourcen verwirklichen. Die UNO überwacht, ob der jeweilige Staat die Rechte ausreichend umsetzt. Sie steht vor dem Problem, mit welchen Methoden sie analysieren soll, ob ein Staat seine Mittel optimal einsetzt. Diese Frage zu beantworten ist Gegenstand der vorliegenden Untersuchung. Das Lösungsmodell wird an einem aktuellen Beispiel getestet: den grenzübergreifenden Menschenrechtspflichten im Bereich des gewerblichen Rechtsschutzes. Der Autor stellt dar, wie sich mit der gefundenen Methode Menschenrechte und Patentrecht harmonisieren lassen.