- Patricio Díaz Gavier & Davide Rovetta, A Survey of the EU Tariff Classification Case Law in Year 2010
- Marco Tulio Molina Tejeda & Fernando Piérola, The Review of the WTO Dispute Settlement Process
- Daniel L. Kiselbach & Dalton J. Albrecht, Customs Audits, Verifications and Voluntary Disclosures in Canada
- Yanning Yu, Trade Remedies: China and the WTO Dispute Settlement Resolution
- Katarzyna Jozwik, Investment Regulation and Intellectual Property
- Marcia Carla Pereira Ribeiro & Eduardo Oliveira Agustinho, Development and Innovation: The Role of State Enterprises
- Carsten Weerth, Authorized Economic Operator (AEO) in the World
Saturday, August 6, 2011
This book explores the interface between intellectual property and human rights law and policy. The relationship between these two fields has captured the attention of governments, policymakers, and activist communities in a diverse array of international and domestic political and judicial venues. These actors often raise human rights arguments as counterweights to the expansion of intellectual property in areas including freedom of expression, public health, education, privacy, agriculture, and the rights of indigenous peoples. At the same time, creators and owners of intellectual property are asserting a human rights justification for the expansion of legal protections. This book explores the legal, institutional, and political implications of these competing claims in three ways: (1) by offering a framework for exploring the connections and divergences between these subjects; (2) by identifying the pathways along which jurisprudence, policy, and political discourse are likely to evolve; and (3) by serving as a teaching and learning resource for scholars, activists, and students.
Friday, August 5, 2011
- Andrew Serdy, The Commission on the Limits of the Continental Shelf and its Disturbing Propensity to Legislate
- Cathy Suykens, Globalisation of the Nuclear Fuel Cycle and Maritime Carriage of Radioactive Materials: Review of the Legal Regime
- Surya P. Subedi, Problems and Prospects for the Commission on the Limits of the Continental Shelf in Dealing with Submissions by Coastal States in Relation to the Ocean Territory Beyond 200 Nautical Miles
- Richard Barnes, Revisiting the Public Right to Fish in British Waters
- Michael W. Lodge, International Seabed Authority
- Yoshifumi Tanaka, International Tribunal for the Law of the Sea
This paper discusses the sources of international investment Law and highlighted the distinctive features of this branch of international law vis-à-vis general international law. Bilateral investment treaties have a predominate role in investment relations and this fact raises several questions regarding the relationships between investment and non-investment treaties. Though investment tribunals have seriously examined arguments regarding the interactions between such treaties, thus far no investment tribunal has absolved a party to investment disputes from its investment obligations (nor significantly reduced the amount of compensation to be paid to the injured party) in such cases. Despite the major role of treaties, customary rules of international law play a significant role in investment disputes, prominently to fill gaps in existing treaty law (lacuna) and interpret the particular treaty provisions in light of customary law.
General principles of law played a significant role in the formative period of international investment law, prominently in the oil concession arbitrations and in the pre-BIT era (such as in the Iran-US Claims Tribunal) but recent empirical studies indicate that they are largely neglected by contemporary arbitral tribunals. The relative insignificant role of general principles of law in contemporary investment jurisprudence may be explained by the interrelationships between the various sources of international investment law (the growing numbers of treaties and tribunals' pronouncements regarding customary rules) as well as inherent vague character of this source of law. Though 'judicial decisions' are considered as a 'subsidiary' source of public international law, almost all investment awards include numerous references to prior decisions of investment tribunals. Writers' publications are also considered as a 'subsidiary' source of international law but they are often cited by investment tribunals. In stark contrast to the practice of the ICJ, the WTO Appellate Body and the European Court of Human Rights (which rarely refer to writers' opinions), investment arbitrators refer to scholarly writings in almost all instances.
Different rules deriving from various sources of investment law may contradict each other, and investment tribunals have resorted to some rules of public international law regarding such inconsistencies (prominently the principle of 'lex specialis'); but they have effectively not applied the hierarchical rules embodied in Article 53 of the Vienna Convention regarding jus cogens, and Article 103 of the UN Charter regarding the superiority of the Charters' obligations vis-à-vis investment treaties.
- Rafael Leal-Arcas, The Fragmentation of International Trade Law: Is Now the Time for Variable Geometry?
- An Chen, Some Jurisprudential Thoughts upon WTO’s Law-governing, Law-making, Law-enforcing, Law-abiding and Law-reforming
- David Collins, Applying the Full Protection and Security Standard of International Investment Law to Digital Assets
- Pierre-Emmanuel Dupont, The Notion of ICSID Investment: Ongoing “Confusion” or “Emerging Synthesis”?
- Leonardo Giacchino & Eleanor Blalock, Forecasting the Number of Future ICSID Cases
- Luca Schicho, Attribution and State Entities: Diverging Approaches in Investment Arbitration
- Jacques Werner, Arbitral Chronicle VII: The Arbitrator as Master of Time
Fiona de Londras presents an overview of counter-terrorist detention in the US and the UK and the attempts by both states to achieve a downward recalibration of international human rights standards as they apply in an emergency. Arguing that the design and implementation of this policy has been greatly influenced by both popular and manufactured panic, Detention in the 'War on Terror' addresses counter-terrorist detention through an original analytic framework. In contrast to domestic law in the US and UK, de Londras argues that international human rights law has generally resisted the challenge to the right to be free from arbitrary detention, largely because of its relative insulation from counter-terrorist panic. She argues that this resilience gradually emboldened superior courts in the US and UK to resist repressive detention laws and policies and insist upon greater rights-protection for suspected terrorists.
- Christoph Schreuer, From ICSID Annulment to Appeal Half Way Down the Slippery Slope
- Chester Brown & Sergio Puig, The Power of ICSID Tribunals to Dismiss Proceedings Summarily: An Analysis of Rule 41(5) of the ICSID Arbitration Rules
- Carlos Espósito & Luciano Donadio, Inter-jurisdictional Co-operation in the MERCOSUR: The First Request for an Advisory Opinion of the MERCOSUR's Permanent Review Tribunal by Argentina's Supreme Court of Justice
- Roberto Virzo, The Preliminary Ruling Procedures at International Regional Courts and Tribunals
- Fernando Lusa Bordin, Continuation of Membership in the United Nations Revisited: Lessons from Fifteen Years of Inconsistency in the Jurisprudence of the ICJ
- Tamfuh Y.N. Wilson, Procedural Developments at the International Criminal Tribunal for Rwanda (ICTR)
Thursday, August 4, 2011
- Sergio Puig & Meg Kinnear, NAFTA Chapter Eleven at Fifteen: Contributions to a Systemic Approach in Investment Arbitration
- Otto Sandrock, The Right of Foreign Investors to Access German Markets: The Meaning of Article 2(1) of the German Model Treaty for the Promotion and Protection of Foreign Investments
- Aïssatou Diop, Objection under Rule 41(5) of the ICSID Arbitration Rules
- Special Focus – Appointing Arbitrators
- Jan Paulsson, Moral Hazard in International Dispute Resolution
- Joseph M. Matthews, Difficult Transitions Do Not Always Require Major Adjustment – It’s Not Time to Abandon Party-Nominated Arbitrators in Investment Arbitration
- David Branson, Sympathetic Party-Appointed Arbitrators: Sophisticated Strangers and Governments Demand Them
- Jørgen Aall, Waiver of Human Rights - Setting the Scene (Part I/III)
- Malcolm Langford & Sevda Clark, The New Kid on the Block - A Complaints Procedure for the Convention on the Rights of the Child
- Stein Evju, Application by Domestic Courts of the European Social Charter
- Lise Cecilie Kleppe & Eivind Engebretsen, Professional Responsibility and Human Rights at Asylum Reception Centres
- Catherine Brölmann, Transboundary Aquifers as a Concern of the International Community
- Attila Tanzi, Furthering International Water Law or Making a New Body of Law on Transboundary Aquifers? An Introduction
- Kerstin Mechlem, Past, Present and Future of the International Law of Transboundary Aquifers
- Raya Marina Stephan, The Draft Articles on the Law of Transboundary Aquifers: The Process at the UN ILC
- Owen McIntyre, International Water R esources Law and the International Law Commission Draft Articles on Transboundary Aquifers: A Missed Opportunity for Cross-Fertilisation?
- Francesco Sindico, The Guarani Aquifer System and the International Law of Transboundary Aquifers
- Gabriel E. Eckstein, Buried Treasure or Buried Hope? The Status of Mexico-U.S. Transboundary Aquifers under International Law
- Felix Zaharia, The Law of Transboundary Aquifers in Practice - the Mureş Alluvial Fan Aquifer System (Romania/Hungary)
- Maria Gavouneli, A Human Right to Groundwater?
Wouters & Duquet: The EU, EEAS and Union Delegations and International Diplomatic Law: New Horizons?
The European Union has a unique ‘sui generis’ status on the international plane, which is reflected in its capability to enter into diplomatic relations with third States and international organizations. Over nearly six decades the EU has gradually built its own worldwide bilateral and multilateral diplomatic network which is made subject, through specific agreements with the host country, to the 1961 Vienna Convention on Diplomatic Relations. The ‘Union delegations’ are now operating as the diplomatic missions of the EU as a whole, in contrast to the former Commission delegations. This paper examines the relationship between the EU and international diplomatic law: how does the EU establish and conduct diplomatic relations? What legal instruments are being used? How do the Vienna Convention and customary diplomatic law come into play? What is the exact legal status of EU ambassadors and diplomatic staff? In critically analyzing these issues the specific contribution which the EU makes to the further development of international diplomatic law is assessed.
The global governance of climate change is in flux. Conventional strategies of addressing climate change through universal, interstate negotiations--the most prominent of which is the Kyoto Protocol--have been stymied by the gaps that exist between the negotiating powers of states, rendering such initiatives stagnant and ineffectual. In response, a number of new actors and processes have begun to challenge the traditionally exclusive authority of nation-states to create rules and manage environmental problems via multi-national treaties. Dozens of innovative climate response initiatives, or "governance experiments," have emerged at multiple levels of politics and across multiple jurisdictions: individuals, cities, states/provinces, corporations, and even new multilateral initiatives. Climate Governance at the Crossroads explains how and why these new governance experiments have emerged, drawing upon a database of such initiatives to ascertain how these initiatives fit together and how they influence what is defined as environmental governance. In assessing the relational impact of these initiatives (whether they complement each other or clash; whether they can be scaled up or down; and whether they can be expanded beyond their current jurisdictional and geographic boundaries), Matthew Hoffmann provides insight into whether this experimentation is likely to result in an effective response to climate change. Additionally, he draws broader conclusions about how we understand global governance, addressing questions of how we understand authority and what we accept as modes of rule-making in global political spaces.
I want to use the occasion of the Morrison decision to consider the interests that produce extraterritorial regulation by the United States. International lawyers for the most part have analyzed state decisions to exercise prescriptive jurisdiction over extraterritorial transactions in terms of a welfare calculus that determines the likely costs and benefits to the state as a whole. Fewer studies have considered the political economy of the decision whether to regulate foreign transactions. No work of which I am aware has considered the political economy of deciding the extraterritorial question through litigation. This paper seeks to fill these gaps by sketching out what political economy suggests both about extraterritoriality and the role of courts as arbiters of regulatory scope.
Wednesday, August 3, 2011
- Stuart J. Smyth, William A. Kerr & Peter W. B. Phillips, Recent Trends in the Scientific Basis of Sanitary and Phytosanitary Trade Rules and Their Potential Impact on Investment
- Timothy G. Nelson, Human Rights Law and BIT Protection: Areas of Convergence
- Xiuli Han, China’s First Ten Years in WTO Dispute Settlement
- Tania Voon & Andrew Mitchell, Implications of International Investment Law for Tobacco Flavouring Regulation
- Ji Ye, Voluntary “Westernization” of the Expropriation Rules in Chinese BITs and Its Implication: An Empirical Study
- Edward Guntrip, Labour Standards, the Environment and US Model BIT Practice: Where to Next?
- Roberto Soprano, WTO and the Financial Crisis: What Lessons Should We Learn?
- Rosalyn Higgins, From Academic to Judge
- Christopher McCrudden, Speech in Honour of Bruno Simma's Election to the International Court of Justice
- Eric Stein, Bruno Simma, The Positivist?
- Gerd Westdickenberg, Bruno Simma: A Friend, an Academic Teacher and a Partner Before Court
- Andrea Bianchi, The Fight for Inclusion: Non-State Actors and International Law
- Ulrich Fastenrath, A Political Theory of Law: Escaping the Aporia of the Debate on the Validity of Legal Argument in Public International Law
- Benedict Kingsbury & Megan Donaldson, From Bilateralism to Publicness in International Law
- Martti Koskenniemi, The Political Theology of Trade Law: The Scholastic Contribution
- Andreas Paulus, Reciprocity Revisited
- Dirk Pulkowski, Universal International Law's Grammar
- Steven Ratner, From Enlightened Positivism to Cosmopolitan Justice: Obstacles and Opportunities
- Peter-Tobias Stoll, The WTO as a Club: Rethinking Reciprocity and Common Interest
- Daniel Thürer & Martin Zobl, Are Nuclear Weapons Really Legal? - Thoughts on the Sources of International Law and a Conception of the Law imperio rationis Instead of ratione imperii
- Wolfgang Benedek, Multi-Stakeholderism in the Development of International Law
- Brun-Otto Bryde, Transnational Democracy
- James Crawford, Responsibilities for Breaches of Communitarian Norms: An Appraisal of Article 48 of the ILC Articles on Responsibility of States for Wrongful Acts
- Vera Gowlland-Debbas, An Emerging International Public Policy?
- Meinhard Hilf & Tim René Salomon, Running in Circles - Regionalism in World Trade and How It Will Lead Back to Multilateralism
- Wolfgang Münch, The UN Laissez Passer - Legal Reflections and Managerial Issues
- Hanspeter Neuhold, Legal Crisis Management: Lawfulness and Legitimacy of the Use of Force
- Anne Peters, The Responsibility to Protect: Spelling out the Hard Legal Consequences for the UN Security Council and its Members
- Pemmaraju Sreenivasa Rao, The International Community and the Developing Countries - The International Community: Factual Interdependencies
- Sabine von Schorlemer, Implications of the World Financial Crisis - What Role for the UN?
- Werner Schroeder & Andreas Th. Müller, Elements of Supranationality in the Law of International Organisations
- Christian J. Tams, Individual States as Guardians of Community Interests
- Friedl Weiss, Sketching 'Community interest' in EU Law
- Orna Ben-Naftali, Human, All Too Human Rights: Humanitarian Ethics and the Annihilation of Sodom and Gomorrah
- Benedetto Conforti, The Specifity of Human Rights and International Law
- Bardo Fassbender, Architectural Clarity or Creative Ambiguity? - The Place of the Human Rights Council in the Institutional Structure of the United Nations
- Peter Hilpold, From Humanitarian Intervention to R2P: Making Utopia True?
- Eckart Klein, Denunciation of Human Rights Treaties and the Principle of Reciprocity
- Friedrich Kratochwil, Human Rights and Democracy: Is There a Place for Actual People(s)?
- Hisashi Owada, Human Security and International Law
- Alain Pellet & Daniel Müller, From Bilateralism to Community Interest - Reservations to Human Rights Treaties: Not an Absolute Evil...
- Riccardo Pisillo Mazzeschi, The Relationship between Human Rights and the Rights of Aliens and Immigrants
- Eibe Riedel, New Bearings to Social Rights? - The Communications Procedure under the ICESCR
- Malcolm N. Shaw, Self-Determination, Human Rights and the Attribution of Territory
- Christian Tomuschat, Universal Periodic Review: A New System of International Law with Specific Ground Rules?
- Andreas Zimmermann, The Obligation to Prevent Genocide: Towards a General Responsibility to Protect?
- Franz Cede & Christina Binder, Is there an Austrian Contribution to the Codification of International Law?
- Giorgio Gaja, A New Way for Submitting Observations on the Construction of Multilateral Treaties to the ICJ
- Rudolf H. Geiger, Customary International Law in the Jurisprudence of the International Court of Justice: A Critical Appraisal
- Gerhard Hafner, Is the Topic Responsibility of International Organizations Ripe for Codification? Some Critical Remarks
- Andreas Heinemann, Business Enterprises in Public International Law - The Case for an International Code on Corporate Responsibility
- Maurice Kamto, The Function of the Law and the Codification of the International Law in a Changing World
- Kenneth Keith, Bilateralism and Community in Treaty Law and Practice - of Warriors, Workers and (Hook-)Worms
- Jan Klabbers, The Community Interest in the Law of Treaties: Ambivalent Conceptions
- Georg Nolte, The ILC facing the Second Decade of the Twenty-first Century
- Karl Zemanek, International Law Needs Development. But Whereto?
- Armin von Bogdandy & Marc Jacob, The Judge as a Law-Maker: Thoughts on Bruno Simma's Declaration in the Kosovo Opinion
- Enzo Cannizzaro & Beatrice I. Bonafé, Of Rights and Remedies: Sovereign Immunities and Fundamental Human Rights
- Olivier Corten, Judge Simma's Separate Opinion in the Oil Platforms Case: To What Extent are Armed "Proportionate Defensive Measures" Admissible in Contemporary International Law?
- Pierre-Marie Dupuy, Competition among International Tribunals and the Authority of the International Court of Justice
- Thomas Fleiner, The Unilateral Secession of Kosovo as Precedent in International Law
- Hans-Peter Folz, The Arbitration Panel for In Rem Restitution and Its Jurisprudence - Extreme Injustice in International Law
- Francesco Francioni, The Right of Access to Justice to Challenge Security Council's Targeted Sanctions: After-Thoughts on Kadi
- Jochen A. Frowein, Kosovo and Lotus
- Burkhard Hess, European Civil Procedure and Public International Law
- Carsten Hoppe, Trends and Trials - The Implementation of Consular Rights a Decade After LaGrand
- Robert Howse & Ruti Teitel, Global Judicial Activism, Fragmentation and the Limits of Constitutionalism in International Law
- Hans-Peter Kaul & Eleni Chaitidou, Balancing Individual and Community Interests - Reflections on the International Criminal Court
- Horst G. Krenzler & Oliver Landwehr, 'A New Legal Order of International Law': On the Relationship between Public International Law and European Union Law after Kadi
- Guillermo R. Moncayo & Martin Moncayo von Hase, The International Court of Justice and the Environment: The Recent Paper Mills Case
- Mary Ellen O'Connell, The Natural Superiority of Courts
- Karin Oellers-Frahm, Judicial Redress of War Related Claims by Individuals: the Example of the Italian Courts
- Christoph Schreuer & Ursula Kriebaum, From Individual to Community Interest in International Investment Law
- Bernardo Sepúlveda-Amor, Diplomatic and Consular Protection: the Rights of the State and the Rights of the Individual in the LaGrand and Avena Cases
- Rudolf Streinz, Judicial Function: Balancing Individual and Community Interests - Does the European Court of Justice keep the balance in Kadi?
- Rüdiger Wolfrum, Enforcing Community Interests through International Dispute Settlement: Reality or Utopia?
- Philip Alston, Using International Law to Combat Unlawful Targeted Killings
- Andrea Gattini, Domestic Judicial Compliance with International Judicial Decisions: Some Paradoxes
- Christine Kaufmann, International Law in Recession? - The Role of International Law When Crisis Hits: Food, Finance and Climate Change
- Daniel-Erasmus Khan, Sailing the Wine-Dark Sea - An Unfinished Journey: Some Very Preliminary Thoughts on Pirates and Other Pernicious People
- August Reinisch, A History of the Doctrine of Odious Debts - Serving Individual/Bilateral or Community Interests?
- Peter H. Sand, Environmental Damage Claims from the 1991 Gulf War: State Responsibility and Community Interests
- Birgit Schmidt am Busch, Privatization of Military Flights in the Mesh of International and National Law
- Nico Schrijver, The Impact of Climate Change: Challenges for International Law
- Theodor Schweisfurth, The ILC's Articles on State Responsibility and the German Federal Constitutional Court
- Joseph Weiler, Abraham, Jesus and the Western Culture of Justice
- Hew Strachan & Sibylle Scheipers, Introduction: The Changing Character of War
- Azar Gat, The Changing Character of War
- David Parrott, Had a Distinct Template for a 'Western Way of War' Been Established Before 1800?
- Michael Broers, Changes in War: The French Revolutionary and Napoleonic Wars
- Gil-li Vardi, The Change from Within
- Gerard J. DeGroot, 'Killing is Easy': The Atomic Bomb and the Temptation of Terror
- Mats Berdal, The 'New Wars' Thesis Revisited
- Audrey Kurth Cronin, What is Really Changing? Change and Continuity in Global Terrorism
- David J.B. Trim, Humanitarian intervention
- Thomas Hippler, Democracy and War in the Strategic Thought of Giulio Douhet
- Alia Brahimi, Religion in the War on Terror
- Stathis N. Kalyvas, The Changing Character of Civil Wars, 1800-2009
- William Reno, Crime versus War
- Pascal Vennesson, War Without the People
- Sarah Percy, The Changing Character of Private Force
- Bruce Hoffman, Who Fights?-A Comparative Demographic Depiction of Terrorists and Insurgents in the Twentieth and Twenty-first Centuries
- Kimberly Marten, Warlords
- Anne Deighton, The European Union, Multilateralism, and the Use of Force
- Peter W. Singer, Robots at War: The New Battlefield
- Adam Roberts, The Civilian in Modern War
- Uwe Steinhoff, Killing Civilians
- Sibylle Scheipers, The Status and Protections of Prisoners of War and Detainees
- Guy S. Goodwin-Gill, The Challenge of the Child Soldier
- Antulio J Echevarria II, American Strategic Culture: Problems and Prospects
- David Rodin, Morality and Law in War
- Henry Shue, Target-selection Norms, Torture Norms, and Growing US Permissiveness
- Patricia Owens, The Return of Realism? War and Changing Concepts of the Political
- Hew Strachan, Strategy in the Twenty-first Century
- Tarak Barkawi & Shane Brighton, Conclusion: Absent War Studies? War, Knowledge, and Critique
- Shahrizal Mohd Zin & Ashraf U. Sarah Kazi, Environment Exceptions under Article XX of the General Agreement on Tariffs and Trade (GATT): The Significance of Customary International Law and its Role in the World Trade Organisation (WTO) Disputes Settlement System in the Twenty First Century
- G. S. Sachdeva, Commercial Order of Outer Space: Quest for Ethical Values
- V. Rajyalakshmi, Geological Sequestration of CO2 in the Domain of Deep Sea Bed – Legal Implication
- Najnin Begum & Rakiba Nabi, Public Participation in the Environmental Decision Making in Bangladesh: To What Extent is the Existing Regulatory Framework Effective?
- Lakshmi Jambholkar, India and the 1980 Hague Convention on Civil Aspects of International Child Abduction
- Jonas Christoffersen & Mikael Rask Madsen, Introduction: The European Court of Human Rights between Law and Politics
- Ed Bates, The Birth of the European Convention on Human Rights
- Mikael Rask Madsen, The Protracted Institutionalisation of the Strasbourg Court: From the Diplomacy of Law to Integrationist Jurisprudence
- Erik Voeten, Politics, Judicial Behaviour, and Institutional Design
- Rachel A. Cichowski, Civil Society and the European Court of Human Rights
- Anthony Lester, The European Court of Human Rights after 50 Years
- Robert Harmsen, The Reform of the Convention System: Institutional Restructuring and the (Geo-)Politics of Human Rights
- Stéphanie Hennette-Vauchez, Constitutional v. International? When Unified Reformatory Rationales Mismatch the Plural Paths of Legitimacy of ECHR Law
- Laurent Scheeck, Diplomatic Intrusions, Dialogues and Fragile Equilibriums: The European Court as a Constitutional Actor of the European Union
- Jonas Christoffersen, Individual and Constitutional Justice: Can the Dynamics of ECHR Adjudication be Reversed?
- Luzius Wildhaber, Rethinking the European Court of Human Rights
Tuesday, August 2, 2011
Peace operations are the UN´s flagship activity. Over the past decade, UN blue helmets have been dispatched to ever more challenging environments from the Congo to Timor to perform an expanding set of tasks. From protecting civilians in the midst of violent conflict to rebuilding state institutions after war, a new range of tasks has transformed the business of the blue helmets into an inherently knowledge-based venture. But all too often, the UN blue helmets, policemen, and other civilian officials have been "flying blind" in their efforts to stabilize countries ravaged by war. The UN realized the need to put knowledge, guidance and doctrine, and reflection on failures and successes at the center of the institution. Building on an innovative multi-disciplinary framework, this study provides a first comprehensive account of learning in peacekeeping. Covering the crucial past decade of expansion in peace operations, it zooms into a dozen cases of attempted learning across four crucial domains: police assistance, judicial reform, reintegration of former combatants, and mission integration. Throughout the different cases, the study analyzes the role of key variables as enablers and stumbling blocks for learning: bureaucratic politics, the learning infrastructure, leadership as well as power and interests of member states. Building on five years of research and access to key documents and decision-makers, the book presents a vivid portrait of an international bureaucracy struggling to turn itself into a learning organization. Aimed at policy-makers, diplomats, and a wide academic audience (including those working in international relations, peace research, political science, public administration, and organizational sociology), the book is an indispensable resource for anyone interested in the evolution of modern peace operations.
de la Rasilla del Moral: The Alliance of International Law and Civilization Between Scylla and Caribdis
This works examines the relationship between the standard of civilization and the principle of sovereign equality in international law in historical perspective. Taking its cue from D. Vagts's work on the "Third Reich", it surveys the evolution of critical Third World approaches to international law before and after the end of the Cold War.
- Conference on International Investment Arbitration, Supreme Court of Singapore, January 20, 2010
- Session 1: Are Tribunals Setting New Limits on Access to International Jurisdiction?
- J. Christopher Thomas & Michael Ewing-Chow, The Maturation of Investment Treaty Arbitration
- Michael Hwang, Recent Developments in Defining “Investment”
- Brigitte Stern, Are There New Limits on Access to International Arbitration?
- Richard Kreindler, Are Tribunals Setting New Limits on Access to International Jurisdiction?
- Session 2: Corruption: How Should Tribunals Deal with Evidence of Corruption in the Making of an Investment or the Securing of Government Permits?
- Constantine Partasides, Proving Corruption in International Arbitration: A Balanced Standard for the Real World
- Doak Bishop, Toward a More Flexible Approach to the International Legal Consequences of Corruption
- Andrea J. Menaker, The Determinative Impact of Fraud and Corruption on Investment Arbitrations
- Luncheon Presentation
- Meg Kinnear, ICSID: Its Role and Possibilities
- Session 3: Is There a Special Role for Precedent in Investment Arbitration?
- Judith Gill, Is There a Special Role for Precedent in Investment Arbitration?
- Lucy Reed, The De Facto Precedent Regime in Investment Arbitration: A Case for Proactive Case Management
- Zachary Douglas, Can a Doctrine of Precedent Be Justified in Investment Treaty Arbitration?
- J. Romesh Weeramantry, The Future Role of Past Awards in Investment Arbitration
- Session 4: The Articles on State Responsibility: How Have Tribunals Dealt with Them?
- James Crawford, Investment Arbitration and the ILC Articles on State Responsibility (with Appendix)
- Jürgen Kurtz, The Paradoxical Treatment of the ILC Articles on State Responsibility in Investor-State Arbitration
- Robert Volterra, International Law Commission Articles on State Responsibility and Investor-State Arbitration: Do Investors Have Rights?
The Journal of International Law and International Relations (JILIR) invites submissions from scholars of both International Law and International Relations for its Fall 2011 issue. The Journal is a peer-reviewed scholarly journal that seeks to develop interdisciplinary discourse at the nexus of these two dynamic disciplines.
JILIR is welcoming submissions on the wide variety of topics located in the intellectual space jointly occupied by International Law and International Relations. In addition to accepting research articles, JILIR also encourages the submission of case comments, notes and book reviews addressing new developments in IL and IR.
A joint venture of the University of Toronto Faculty of Law and the Munk School of Global Affairs, the Journal's advisory board is comprised of scholars from both International Law and International Relations, including Kenneth Abbott, Jose Alvarez, Upendra Baxi, Laurence Boisson de Chazournes, Jutta Brunnée, Michael Byers, Martha Finnemore, Robert Keohane, Benedict Kingsbury, Karen Knop, Martti Koskenniemi, Stephen Krasner, Friedrich Kratochwil, Oona Hathaway, René Provost, Philippe Sands, Shirley Scott, Gerry Simpson, Janice Gross Stein, Stephen Toope, and Rob Walker.
Please send submissions to firstname.lastname@example.org, as attachments in Microsoft Word or Rich Text Format, with the author’s name removed from the document for the purposes of anonymous review. Please include the author’s full contact information (name, institutional affiliation, mailing address, telephone number(s), and e-mail address) in the body of the e-mail. JILIR strongly prefers articles under 25,000 words in length (the equivalent of 50 journal pages) including text and footnotes. JILIR will not publish articles exceeding 30,000 words (the equivalent of 60 journal pages) except in extraordinary circumstances.
Articles must be received by September 24th, 2011 to be considered for publication.
Monday, August 1, 2011
International Investment Law (IIL), like international trade law, has an economic rationale as its background. Nevertheless, this economic rationale and the empirical insights into assumed causal links play a much smaller role than in trade law. Whereas in trade law economic insights have found entry into law application, this is true to a much smaller extent in IIL. Furthermore, the political economy rationale has been explored in trade law, but not in IIL. This article aims at filling this gap by surveying the economic insights into the link between foreign investment and sustainable development and suggesting adequate interpretative arguments and places (jurisdictional phase v. merits phase) in investment arbitration. Coupling IIL and economic insights might not only help to ground IIL firmly in the goals it pursues, but also change treaty making and treaty interpretation by putting them on an evidence basis.
- Fiona de Londras, Can Counter-Terrorist Internment Ever be Legitimate?
- Robert E. Williams Jr., From Malabo to Malibu: Addressing Corruption and Human Rights Abuse in an African Petrostate
- John L. Hammond, Indigenous Community Justice in the Bolivian Constitution of 2009
- Audrey R. Chapman & Benjamin Carbonetti, Human Rights Protections for Vulnerable and Disadvantaged Groups: The Contributions of the UN Committee on Economic, Social and Cultural Rights
- Sylvia Arzey & Luke McNamara, Invoking International Human Rights Law in a "Rights-Free Zone": Indigenous Justice Campaigns in Australia
- David P. Forsythe, US Foreign Policy and Human Rights: Situating Obama
- Jodie G. Roure, Gender Justice in Puerto Rico: Domestic Violence, Legal Reform, and the Use of International Human Rights Principles
- Homayoun Alizadeh, A Proposal for How to Realize Human Rights at the National and Regional Level: A Three-Pillar Strategy
- Simon Flacks, Drug Control, Human Rights, and the Right to the Highest Attainable Standard of Health: A Reply to Saul Takahashi
Drawing on papers presented at Trinity College, Dublin, in 2010, Selected Contemporary Issues in the Law of the Sea provides a cohesive discussion on various challenges involved with the law of the sea. International experts cover topics such as straight baselines, high seas/EEZ jurisdiction, the definition of, and jurisdiction over, piracy and submissions to the CLCS relating to outer continental shelf claims in disputed areas.
In addition, Selected Contemporary Issues in the Law of the Sea delves into topics seemingly neglected in contemporary literature. The permissible use of artificial constructions as basepoints is discussed, for example, as are human rights issues involved in boarding non-flag ships; and in the context of piracy, issues such as the Japanese and NGO (Greenpeace) attitudes to current interventions (so-called ‘eco-piracy’) by NGO ships to prevent Japanese whaling activities in Antarctic waters.
In times of conflict, women have traditionally been excluded from protection of the law. This book analyzes the treatment of sex and gender crimes under international law by identifying various legal eras, from the inception of international criminal law until its most recent formulation, the Rome Statute. The author conducts her critical journey armed with insights about the development of the crime of rape in domestic law and feminist theories, and exposes gaps and silences in international law's treatment of sex and gender crimes. The author claims that the underlying stratum of sex crimes – the gender stratum – must be acknowledged. Hence, it is not sufficient to treat rape as another offense under existing traditional crime categories. It must also be anchored as a separate crime category that clearly establishes the boundaries of the legal norm, harmonizes different nations’ laws, and eradicates the remnants of patriarchy linked to this offense.
- A. Adinolfi, Il diritto alla vita familiare nella giurisprudenza della Corte di giustizia dell’Unione Europea
- O. Lopes Pegna, L’incidenza dell’art. 6 della Convenzione europea dei diritti dell’uomo rispetto all’esecuzione di decisioni straniere
- D. Russo, L’accertamento dell’inammissibilità delle riserve
- Note e Commenti
- E. Pistoia, Una nuova pronuncia della Corte costituzionale sui rapporti tra diritto nazionale e diritto europeo
- F. Lenzerini, Diritto d’asilo e esclusione dello status di rifugiato. Luci e ombre nell’approccio della Corte di giustizia dell’Unione Europea
- N. Lazzerini, Il controllo della compatibilità del diritto nazionale con la Carta dei diritti fondamentali secondo la sentenza McB
- E. Cannizzaro, La nuova dottrina strategica della NATO e il ruolo dell’alleanza atlantica nelle crisi internazionali
- P. Palchetti, La Corte internazionale di giustizia alle prese con i propri « errori »: il problema dell’estensione della res judicata nella sentenza Diallo
- A. Leandro, La proposta per la riforma del regolamento « Bruxelles I » e l’arbitrato
- A. Ciampi, L’ipotesi dell’estradizione condizionata di Battisti dal Brasile all’Italia