Gervais: Reinventing Lisbon: The Case for a Protocol to the Lisbon Agreement (Geographical Indications)

Daniel J. Gervais (Vanderbilt Univ. - Law) has posted Reinventing Lisbon: The Case for a Protocol to the Lisbon Agreement (Geographical Indications) (Chicago Journal of International Law, Vol. 11, No. 1, 2010). Here's the abstract:

The Doha Development Agenda (Doha Round) of multilateral trade negotiations at the World Trade Organization (WTO) may fail unless a solution to the establishment of a multilateral register for geographical indications on wines and spirits (GIs) foreseen in the TRIPS Agreement is found. Failure of the Doha Round would entail serious intended and unintended consequences for the world trading system. Europe’s insistence on a Doha deal on GIs in now accompanied by demands from several developing countries for an extension of GI protection to products other than wines and spirits. Those demanders consider the current emphasis on alcoholic beverages to be both culturally discriminatory and a commercial impediment to the ability to collect the potential additional rents associated with GIs on various products (coffee, tea, cocoa, textiles, etc.). They argue that international GI protection would support their rural and traditional products, which in turn would lead to “development form within,” a development strategy that prioritizes local autonomy and broad, community-wide development goals. The GI issue has direct implications for future global food consumption patterns. As such, GIs have environmental significance and form an increasingly relevant part of global agricultural and food policy discussions.

In spite of their importance in the Doha Round, negotiations on the establishment of a GI register and its possible extension beyond wines and spirits at the WTO have been at an impasse for several years. This Article is an attempt to move the discussions, and the Doha Round, forward. My focus is on the establishment of the TRIPS GI register and is relationship with the 1958 Lisbon Agreement and its register for “appellations of origin.” My suggestion is that the Lisbon register offers the best substrate to establish the TRIPS register, with or without an extension to products other than wines and spirits. Real or perceived Lisbon deficiencies could be handled appropriately by adopting a protocol to the Lisbon Agreement. After an examination of differences between the Lisbon and TRIPS Agreements, and the Compatibility of a GI register with US trade practices, the Article provides a detailed strategy to achieve a protocol to the Lisbon system functioning as the TRIPS register.

New Issue: African Journal of International and Comparative Law

The latest issue of the African Journal of International and Comparative Law (Vol. 18, no. 2, September 2010) is out. Contents include:

• Janet McKnight, Child Soldiers in Africa: A Global Approach to Human Rights Protection, Enforcement and Post-Conflict Reintegration
• Henry Onoria, Locus Standi of Individuals and Non-State Entities Before Regional Economic Integration Judicial Bodies in Africa
• Anthony O. Nwafor, Comparative Perspectives on Euthanasia in Nigeria and Ethiopia

Singh: Constitutionalism in International Law During the Times of Globalisation: A Sociological Appraisal

Prabhakar Singh (Jindal Global Law School) has posted Constitutionalism in International Law During the Times of Globalisation: A Sociological Appraisal (Indian Yearbook of International Law & Policy, Vol. 1, pp. 221-251, 2009). Here's the abstract:

Unfortunately, international law has never been sociologically thick. Whereas modernity is the most important issue intriguing sociologists like Habermas, Oommen, and Singh, constitutionalism has gripped leading international lawyers like Bogdandy, Baxi, Dunoff, Koskenniemi and Maduro. If globalisation is creating a virtual synthesis of various norms, new sociological studies have identified a return of ethnicity or localism. That constitutionalism, as a phenomenon, is responsible for synthesis of international norms of European and non-European states, is a utopia of international law. I understand constitutionalism as an effort of to stitching together the international community/states divided on monist and dualist lines. This paper will try to evaluate the constitutional discourse with a sociological approach.

New Issue: Journal of World Intellectual Property

The latest issue of the Journal of World Intellectual Property (Vol. 13, no. 5, September 2010) is out. This is a special issue on "The WTO China-IPR Case in Perspective." Contents include:

• Jayashree Watal, US–China Intellectual Property Dispute—A Comment on the Interpretation of the TRIPS Enforcement Provisions
• Henning Grosse Ruse-Khan, China—Intellectual Property Rights: Implications for the TRIPS-Plus Border Measures
• Xuan Li, The Agreement on Trade-Related Aspects of Intellectual Property Rights Flexibilities on Intellectual Property Enforcement: The World Trade Organization Panel Interpretation of China-Intellectual Property Enforcement of Criminal Measures and Its Implications
• Tomer Broude, It's Easily Done: The China-Intellectual Property Rights Enforcement Dispute and the Freedom of Expression

New Issue: European Journal of International Relations

The latest issue of the European Journal of International Relations (Vol. 16, no. 3, September 2010) is out. Contents include:

• Barry Buzan & Mathias Albert, Differentiation: A sociological approach to international relations theory
• Tomislav Z. Ruby & Douglas Gibler, US professional military education and democratization abroad
• Larissa A. Fast, Mind the gap: Documenting and explaining violence against aid workers
• Cameron G. Thies, Explaining zones of negative peace in interstate relations: The construction of a West African Lockean culture of anarchy
• Neil A. Englehart, Representing civilization: Solidarism, ornamentalism, and Siam’s entry into international society
• Dan Bulley, The politics of ethical foreign policy: A responsibility to protect whom?
• Zeki Sarigil, Bargaining in institutionalized settings: The case of Turkish reforms
• Jessica Shadian, From states to polities: Reconceptualizing sovereignty through Inuit governance

New Issue: International Studies Quarterly

The latest issue of International Studies Quarterly (Vol. 54, no. 3, 2010) is out. Contents include:

• David A. Lake, Rightful Rules: Authority, Order, and the Foundations of Global Governance
• Madeleine O. Hosli & Christine Arnold, The Importance of Actor Cleavages in Negotiating the European Constitution
• Ellen A. Cutrone & Benjamin O. Fordham, Commerce and Imagination: The Sources of Concern about International Human Rights in the US Congress
• Andrew Kerner & Jeffrey Kucik, The International and Domestic Determinants of Insider Trading Laws
• Nathan Lillie, Bringing the Offshore Ashore: Transnational Production, Industrial Relations and the Reconfiguration of Sovereignty
• Amir Lupovici, The Emerging Fourth Wave of Deterrence Theory—Toward a New Research Agenda
• Erin K. Wilson, Beyond Dualism: Expanded Understandings of Religion and Global Justice
• Trevor Rubenzer & Steven B. Redd, Ethnic Minority Groups and US Foreign Policy: Examining Congressional Decision Making and Economic Sanctions
• David R. Dreyer, Issue Conflict Accumulation and the Dynamics of Strategic Rivalry
• Rick Travis, Problems, Politics, and Policy Streams: A Reconsideration US Foreign Aid Behavior toward Africa
• Xun Cao, Networks as Channels of Policy Diffusion: Explaining Worldwide Changes in Capital Taxation, 1998–2006
• Edward Schatz & Renan Levine, Framing, Public Diplomacy, and Anti-Americanism in Central Asia
• Alexandru Grigorescu, The Spread of Bureaucratic Oversight Mechanisms across Intergovernmental Organizations

Keller, Forowicz & Engi: Friendly Settlements before the European Court of Human Rights

Helen Keller (Univ. of Zurich - Law), Magdalena Forowicz (European Univ. Institute), & Lorenz Engi (Univ. of Zurich - Law) have published Friendly Settlements before the European Court of Human Rights: Theory and Practice (Oxford Univ. Press 2010). Here's the abstract:

The friendly settlement procedure is an important tool for the reduction of the European Court of Human Rights' (ECtHR) case load. Recent practice demonstrates that this procedure is increasingly resorted to by applicants and Contracting States. This book evaluates this largely unexplored instrument from doctrinal as well as practical perspectives, making recommendations to render the negotiations before the ECtHR more efficient and professional.

The book examines questions relating to the admissibility as well as to the practical manageability of friendly settlements. In contrast to ordinary civil proceedings, the friendly settlements procedure has a mixed legal character: while settlements are an inter-partes procedure, they are also binding under international law, as the ECtHR often hands them down in the form of a judgment. In this context, the question arises as to how far the proceedings can be 'privatised' and where the limits to the monetisation of human rights violation lie. This book evaluates possible abuses and identifies the precautions that need to be taken in the framework of friendly settlements. This issue is linked to the question of whether the legal framework which governs the conclusion of a friendly settlement should be formulated in a more concrete manner, given that the position of the parties is unequal and that the role of the Court is hardly defined in this context. Furthermore, the book empirically examines whether the friendly settlement procedure is as advantageous in comparison to ordinary proceedings as others have argued. It also questions whether the friendly settlements procedure can provide the applicant with 'more money faster'.

Conference: First Congress of the Latin American Society of International Law

The First Congress of the Latin American Society of International Law will take place later this week, September 8-9, in Mexico City. The program is here.

Zander: The Application of the Precautionary Principle in Practice

Joakim Zander (EFTA Surveillance Authority) has published The Application of the Precautionary Principle in Practice: Comparative Dimensions (Cambridge Univ. Press 2010). Here's the abstract:

This overview of the role played by the precautionary principle in international trade law, European law and national law compares how precautionary considerations have been applied in the fields of pesticide regulation and the regulation of base stations for mobile telephones in Sweden, the UK and the US. A number of problems in the current application of the precautionary principle are identified and discussed. For example, it is shown that a firm reliance on a wide and open-ended precautionary principle may lead to problems with the consistency, foreseeability, effectiveness and efficiency of measures intended to reduce environmental or health risks. It is suggested that the precautionary principle indeed may be an important tool, but that in order to be acceptable it must be coupled with strong requirements on the performance of risk assessments, cost/benefit analyses and risk trade-off analyses.

Forowicz: The Reception of International Law in the European Court of Human Rights

Magdalena Forowicz (European Univ. Institute) has published The Reception of International Law in the European Court of Human Rights (Oxford Univ. Press 2010). Here's the abstract:

The growing number of international courts and tribunals and their burgeoning case law have fuelled concerns about the fragmentation of international law. This arises as a consequence of both the specialized regimes these courts create and the multiple ways in which they may interpret international law emanating from other sources.

This book considers this issue by examining the busiest and arguably most successful international court, the European Court of Human Rights. More specifically, it focuses on the jurisprudence of the Court and its predecessor, the European Commission of Human Rights, covering a range of special human rights regimes, treaty law, and the case law of the International Court of Justice.

The author assesses whether the Court has been able to adopt a coherent, comprehensive approach to the interpretation and evaluation of international law and thus the extent to which it has been able to contribute to the development and coherence of international law.

Portmann: Legal Personality in International Law

Roland Portmann (Swiss Ministry of Foreign Affairs & Universität St Gallen) has published Legal Personality in International Law (Cambridge Univ. Press 2010). Here's the abstract:

Several current international legal issues are related to the concept of legal personality, including the determination of international rights and duties of non-state actors and the legal capacities of transnational institutions. When addressing these issues, different understandings of legal personality are employed. These concepts consider different entities to be international persons, state different criteria for becoming one and attach different consequences to being one. Roland Portmann systematizes the different positions on international personality by spelling out the assumptions on which they rest and examining how they were substantiated in legal practice. He puts forward the argument that positions on international personality which strongly emphasize the role of states or effective actors rely on assumptions that have been discarded in present international law. The principal argument is that international law has to be conceived as an open system, wherein there is no presumption for or against certain entities enjoying international personality.

Hilpold: Solidarität und Neutralität im Vertrag von Lissabon

Peter Hilpold (Universität Innsbruck - Law) has published Solidarität und Neutralität im Vertrag von Lissabon, unter besonderer Berücksichtigung der Situation Österreichs (Nomos 2010). Here's the abstract:

Mit dem Inkrafttreten des Vertrages von Lissabon haben die Solidaritätspflichten in der Europäischen Union eine neue Dimension erreicht. Dabei sind in erster Linie die Beistandsverpflichtung gemäß Art. 42 Abs. 7 EU sowie die allgemeine Solidaritätsverpflichtung nach Art. 222 AEUV hervorzuheben. Können in einem solchen System einzelne EU-Mitgliedstaaten noch an ihrer Neutralität festhalten? Diese Frage prüft der Autor in diesem Band im Besonderen mit Blick auf die Situation Österreichs. Dabei untersucht er auch, welche Bedeutung der Neutralität im geltenden Völkerrecht zukommt. Abschließend wird versucht, das traditionelle Neutralitätsrecht in Einklang zu bringen mit den Erfordernissen der modernen Völkerrechtsordnung. Das Werk zeigt, dass neutrale Staaten auf diesem Wege eine wichtige Rolle in der aktuellen Friedensordnung spielen können.

Weller: Iraq and the Use of Force in International Law

Marc Weller (Univ. of Cambridge - Law and International Relations) has published Iraq and the Use of Force in International Law (Oxford Univ. Press 2010). Here's the abstract:

The prohibition of the use of force is one of the most crucial elements of the international legal order. Our understanding of that rule was both advanced and challenged during the period commencing with the termination of the Iran-Iraq war and the invasion of Kuwait, and concluding with the invasion and occupation of Iraq.

The initial phase was characterized by hopes for a functioning collective security system administered by the United Nations as part of a New World Order. The liberation of Kuwait, in particular, was seen by some as a powerful vindication of the prohibition of the use of force and of the UN Security Council. However, the operation was not really conducted in accordance with the requirements for collective security established in the UN Charter. In a second phase, an international coalition launched a humanitarian intervention operation, first in the north of Iraq, and subsequently in the south. That episode is often seen as the fountainhead of the post-Cold War claim to a new legal justification for the use of force in circumstances of grave humanitarian emergency-a claim subsequent challenged during the armed action concerning Kosovo. There then followed repeated uses of force against Iraq in the context of the international campaign to remove its present or future weapons of mass destruction potential. Finally, the episode reached its controversial zenith with the full scale invasion of Iraq led by the US and the UK in 2003.

This book analyzes these developments, and their impact on the rule prohibiting force in international relations, in a comprehensive and accessible way. It is the first to draw upon classified materials released by the UK Chilcot inquiry shedding light on the decision to go to war in 2003 and the role played by international law in that context.

New Volume: European Yearbook of International Economic Law

The inaugural volume of the European Yearbook of International Economic Law (Vol. 1, 2010) is out. Contents include:

• Part I Topics
• Christoph Ohler, International Regulation and Supervision of Financial Markets After the Crisis
• Christoph Herrmann, Don Yuan: China’s “Selfish” Exchange Rate Policy and International Economic Law
• August Reinisch, Protection of or Protection Against Foreign Investment?: The Proposed Unbundling Rules of the EC Draft Energy Directives
• Andreas R. Ziegler, The Nascent International Law on Most-Favoured-Nation (MFN) Clauses in Bilateral Investment Treaties (BITs)
• Till Müller-Ibold, Foreign Investment in Germany: Restrictions Based on Public Security Concerns and Their Compatibility with EU Law
• Marc Bungenberg, Going Global? The EU Common Commercial Policy After Lisbon
• Markus Krajewski, Services Trade Liberalisation and Regulation: New Developments and Old Problems
• Jörg Philipp Terhechte, Applying European Competition Law to International Organizations: The Case of OPEC
• Roland Ismer, Mitigating Climate Change Through Price Instruments: An Overview of the Legal Issues in a World of Unequal Carbon Prices
• Part II Regional Integration
• Richard Senti, Regional Trade Agreements in the World Trade Order
• Marise Cremona, The European Union and Regional Trade Agreements
• Tomer Broude, Regional Economic Integration in the Middle East and North Africa: A Primer
• Jeffrey L. Dunoff, North American Regional Economic Integration: Recent Trends and Developments
• Gabriele Tondl & Timo Bass, Integration in Latin America
• Chien-Huei Wu, The ASEAN Economic Community Under the ASEAN Charter; Its External Economic Relations and Dispute Settlement Mechanisms
• Part III International Economic Institutions
• Edwini Kessie, The Doha Development Agenda at a Crossroads: What Are the Remaining Obstacles to the Conclusion of the Round?
• Wolfgang Bergthaler & Wouter Bossu, Recent Legal Developments in the International Monetary Fund
• Katharina Gnath, Developments at the G8: A Group’s Architecture in Flux

Shany: Assessing the Effectiveness of International Courts: Can the Unquantifiable Be Quantified?

Yuval Shany (Hebrew Univ. of Jerusalem - Law) has posted Assessing the Effectiveness of International Courts: Can the Unquantifiable Be Quantified?. Here's the abstract:

During the last twenty years we have experienced a sharp rise in the number of international courts and tribunals and a correlative expansion of their jurisdictions. This increase in power invites posing some difficult questions concerning the performance of international courts: Are they effective tools for international governance? Do they in fact fulfill the expectations that led to their creation? And why do some courts appear to be more effective than others? Etc...

A growing body of legal literature has turned its attention to such questions of effectiveness in recent years. Such literature contains many important insights as to the factors which could explain increased or decreased court effectiveness. Nevertheless, the 'Achilles heel' of most publications in the field is the crude and/or intuitive definitions of "effectiveness" that they employ, which often equate effectiveness with compliance. The lack of a clear definition of effectiveness is sometimes further compounded by general assumptions about the role of international courts in international life, which seem to transpose the role that courts play in national legal systems into the international realm.

At the same time, the social sciences literature has long afforded considerable attention to methodological issues relating to the assessment of organizational effectiveness in general, and public organizational effectiveness in particular. This literature appears to provide a number of conceptual frameworks and empirical indicators that could be alternatively applied towards assessing the effectiveness of international courts and tribunals.

The proposed article surveys some key notions used in social sciences literature relating to the methodology for measuring the effectiveness of public organizations and discusses their possible application to international courts. In Part One, I will discuss the notion of "organizational effectiveness" and explain the choice of a goal-based definition of effectiveness as the most suitable approach for evaluating the performance of international courts. I then survey a number of ways to classify organizational goals and illustrate some of the difficulties and ambiguities that measuring effectiveness on the basis of goal-attainment may nonetheless entail. In Part Two, I shall introduce some key methodological moves used by the social sciences literature in order to measure institutional effectiveness after the goals of the organization have been identified. Such moves include the fleshing out of different operational categories relating to the evaluated organization's structure, process and outcome. In Part Three, I will discuss how the methods of analysis developed in the social sciences literature could be applied to study of international courts, given the unique attributes and context for their operation, and suggest some elements that should be integrated in future research projects seeking to develop a suitable research methodology.

To be clear, my purpose in the article is not to offer any conclusions as to whether international courts in general, or any specific international court in particular, are "effective". My main interest is, instead, to introduce a research agenda that could advance a sophisticated and inter-disciplinary approach towards addressing the question of international court effectiveness.

Lauterpacht Centre Friday Lunchtime Lecture Series for Michaelmas Term 2010

Here's the schedule for the Lauterpacht Centre for International Law's Michaelmas Term 2010 Friday Lunchtime Lectures:

• October 8: Malgosia Fitzmaurice (Queen Mary, Univ. of London), Divided We Stand - The Case of the International Whaling Commission
• October 15: Luca Radicati di Brozolo (Catholic Univ. of Milan), Judicial Decisions as Expropriation - The Implications of Saipem v Bangladesh
• October 22: David Keane (Middlesex Univ.), Survival of the Fairest? Evolution and the Geneticization of Rights
• October 29: Scott Sheeran (Univ. of Essex), Reforming the Law of UN Peacekeeping
• November 5: Dan Saxon (Lauterpacht Centre), The Philosophy of International Humanitarian Law. The First Leverhulme Lecture
• November 12: Tom McInerney (International Development Law Organization), Treaty Monitoring and State Fiscal Capacity - with Particular Focus on Developing Countries
• November 19: Kate Miles (Univ. of Sydney), International Investment Law, Empire and the Environment
• November 26: Peter FitzGerald (Stetson Univ.), Fins, Fur and Formalism - The Impact of International Economic Law upon Domestic Animal Law
• December 3: Michael Wood (20 Essex Street) & James Crawford (Univ. of Cambridge), The ICJ's Kosovo Opinion

NYU Hauser Globalization Colloquium for Fall 2010

Here's the schedule for this fall's New York University School of Law Hauser Globalization Colloquium:

• September 15: Eric Posner (Univ. of Chicago - Law), Human Rights, the Laws of War, and Reciprocity
• September 22: Michael Doyle (Columbia Univ. - International and Public Affairs, Political Science, and Law), The UN Charter: A Global Constitution?
• October 6: Mary Dudziak (University of Southern California - Law and History), Law, War, and the History of Time
• October 13: Tim Buthe (Duke Univ. - Political Science), The Rise of Supranational Regulatory Authority: Competition Policy in the European Union
• October 20: Kal Raustiala (Univ. of California, Los Angeles - Law), Information and International Institutions
• October 22: Peter Katzenstein (Cornell Univ. - Government), The Transnational Spread of American Law: Legalization as Soft Power
• November 10: Oona Hathaway (Yale Univ. - Law) & Scott Shapiro (Yale Univ. - Law), Outcasting: Enforcement in Domestic and International Law
• November 17: Kathryn Sikkink (Univ. of Minnesota - Political Science), to be determined
• December 1: Benedict Kingsbury (New York Univ. - Law), Obligations Overload for Fragile States
• December 3: Beth Simmons (Harvard Univ. - Government), Subjective Frames and Rational Choice: Transnational Crime and the Case of Human Trafficking

Symposium: Das Verhältnis der Rechtsordnungen: Völker-, Europa- und innerstaatliches Recht

A recent issue of Zeitschrift für öffentliches Recht (Vol. 65, no. 1, March 2010) contains a symposium on "Das Verhältnis der Rechtsordnungen: Völker-, Europa- und innerstaatliches Recht." Contents include:

• Anne Peters, Rechtsordnungen und Konstitutionalisierung: Zur Neubestimmung der Verhältnisse
• André Nollkaemper, Rethinking the Supremacy of International Law
• Erich Vranes, Völkerrechtsdogmatik als „self-contained discipline“? Eine kritische Analyse des ILC Report on Fragmentation of International Law
• Michael Potacs, Das Verhältnis zwischen der EU und ihren Mitgliedstaaten im Lichte traditioneller Modelle
• Bruno de Witte, European Union Law: How Autonomous is its Legal Order?
• Jacques Ziller, Zur Europarechtsfreundlichkeit des deutschen Bundesverfassungsgerichtes. Eine ausländische Bewertung des Urteils des Bundesverfassungsgerichtes zur Ratifikation des Vertrages von Lissabon

Golove & Hulsebosch: A Civilized Nation: The Early American Constitution, the Law of Nations, and the Pursuit of International Recognition

David M. Golove (New York Univ. - Law) & Daniel J. Hulsebosch (New York Univ. - Law) have posted A Civilized Nation: The Early American Constitution, the Law of Nations, and the Pursuit of International Recognition (New York University Law Review, forthcoming). Here's the abstract:

This article argues, contrary to conventional accounts, that the animating purpose of the American Constitution was to facilitate the admission of the new nation into the European-centered community of “civilized states.” Achieving international recognition - which entailed legal and practical acceptance on an equal footing - was a major aspiration of the founding generation from 1776 through at least the Washington administration in the 1790s, and constitution-making was a key means of realizing that goal. Their experience under the Articles of Confederation led many Americans to conclude that adherence to treaties and the law of nations was a prerequisite to full recognition, but that popular sovereignty, at least as it had been exercised at the state level, threatened to derail the nation’s prospects. When designing the federal Constitution, the framers therefore innovated upon republicanism in a way that balanced their dual commitments to popular sovereignty and earning international respect. The result was a novel and systematic set of constitutional devices designed to ensure that the nation would comply with treaties and the law of nations. These devices, which generally sought to insulate officials responsible for ensuring compliance with the law of nations from popular politics, also signaled to foreign governments the seriousness of the nation’s commitment. At the same time, however, the framers recognized that the participation of the most popular branch in some contexts - most importantly, with respect to the question of war or peace - would be the most effective mechanism for both safeguarding the interests of the people and achieving the Enlightenment aims of the law of nations. After ratification, the founding generation continued to construct the Constitution with an eye toward earning and retaining international recognition, while avoiding the ever-present prospect of war. This anxious and cosmopolitan context is absent from modern understandings of American constitution-making.

New Volume: Spanish Yearbook of International Law

The latest volume of the Spanish Yearbook of International Law (Vol. 14, 2008) is out. Contents include:

• Miguel García García-Revillo & Miguel J. Agudo Zamora, Underwater Cultural Heritage and Submerged Objects: Conceptual Problems, Regulatory Difficulties. The Case of Spain

New Issue: Goettingen Journal of International Law

The latest issue of the Goettingen Journal of International Law (Vol. 2, no. 2, 2010) is out. Contents include:

• Articles
• Stephan Hobe & Jörn Griebel, New Protectionism – How Binding are International Legal Obligations During a Global Economic Crisis
• Johanna Fournier, Reservations and the Effective Protection of Human Rights
• Charles Majinge, The Future of Peacekeeping in Africa and the Normative Role of the African Union
• Bernhard Kuschnik, Humaneness, Humankind and Crimes Against Humanity
• Ioana Cismas, Secession in Theory and Practice: the Case of Kosovo and Beyond
• Current Developments
• Bill Bowring, The Russian Federation, Protocol No. 14 (and 14bis), and the Battle for the Soul of the ECHR
• Mindia Vashakmadze & Matthias Lippold, “Nothing but a Road Towards Secession”- The International Court of Justice’s Advisory Opinion on Accordance with International Law of the Unilateral Declaration of Independence in Respect of Kosovo?
• GoJIL Focus: ICC Review Conference
• Hans-Peter Kaul, Kampala June 2010 – A First Review of the ICC Review Conference
• Sabine Klein, Uganda and the International Criminal Court Review Conference: Some Observations of the Conference’s Impact in the ‘Situation Country’ Uganda
• Roger S. Clark, Amendments to the Rome Statute of the International Criminal Court Considered at the First Review Conference on the Court, Kampala, 31 May-11 June 2010
• Robert Heinsch, The Crime of Aggression After Kampala: Success or Burden for the Future?
• Astrid Reisinger Coracini, The International Criminal Court’s Exercise of Jurisdiction Over the Crime of Aggression – at Last . . . in Reach . . . Over Some
• Morten Bergsmo, Olympia Bekou & Annika Jones, Complementarity After Kampala: Capacity Building and the ICC’s Legal

New Issue: American Review of International Arbitration

The latest issue of the American Review of International Arbitration (Vol. 20, no. 2, 2009) is out. Contents include:

• S.I. Strong, Research in International Commercial Arbitration: Special Skills, Special Sources
• Steven H. Reisberg, The Rules Governing Who Decides Jurisdictional Issues: First Options v. Kaplan Revisited
• Matthew T. Parish & Charles B. Rosenberg, An Introduction to the Energy Charter Treaty
• Dmitry Davydenko & Eugenia Kurzynsky-Singer, Substantive Ordre Public in Russian Case Law on the Recognition, Enforcement and Setting Aside of International Arbitral Awards
• Ignacio Gómez-Palacio, International Commercial Arbitration: Two Cultures in a State of Courtship and Potential Marriage of Convenience