- Hilary Charlesworth, Kirby Lecture in International Law (2009) - Swimming to Cambodia: Justice and ritual in human rights after conflict
- Michael Kirby, Comment - United Nations Special Procedures: A Response to Professor Hilary Charlesworth
- Caroline E. Foster, Burden of Proof in International Courts and Tribunals
- Sophia Kopela, The Legal Value of Silence as State Conduct in the jurisprudence of International Tribunals
- Penelope Mathew, Limiting Good Faith: 'Bootstrapping' asylum seekers and exclusion from refugee protection
- Angeline Lewis, Defining the Rule of Law for Military Operations
Saturday, November 19, 2011
Friday, November 18, 2011
The crime of rape has been prevalent in all contexts, whether committed during armed conflict or in peacetime, and has largely been characterised by a culture of impunity. International law, through its branches of international human rights law, international humanitarian law and international criminal law, has increasingly condemned such violence and is progressively obliging states to prevent rape, whether committed by a state agent or a private actor. Whereas the prohibition of rape has been consistently recognised in these areas of law, the definition of the offence has been a later concern to international law. Attempts to define the crime have, however, been made by the ad hoc tribunals (International Criminal Tribunal for Rwanda and the International Criminal Tribunal for the former Yugoslavia), regional human rights courts and UN treaty bodies. Increasing duties are thus placed on states, not only to prevent rape through the enactment of criminal laws, but to adopt specific elements of the crime in domestic legislation. This study systematises and analyses such emerging obligations in international law. This leads to overarching questions on the fragmentation and harmonisation of norms between various regimes in international law.
- Saša Istenič, Opportunities, Obstacles and Challenges for Mainland China and Taiwan in Adopting CBMs in the Military/Security Domain
- Rafael Leal-Arcas, On China’s Economic Rise: Multilateral versus Regional Attitudes in Trade Agreements and the PCA with the EU
- Yann-huei Song, The Application of Article 121(3) of the Law of the Sea Convention to the Five Selected Disputed Islands in the South China Sea
- Simon NM Young, Constitutional Rights in Hong Kong’s Court of Final Appeal
- Essays and Recent Developments
- Andrew Friedman, Pragmatism over Idealism: Public Interest Advocacy in the People’s Republic of China and the Importance of Collaboration
- Scott Yi-Chun Lin, Globalization, the State, and Cross-Strait Relations: Scenarios for Taiwan
- Ted L. McDorman, A Note on the May 2009 FAO Draft Agreement on Port State Measures to Prevent, Deter and Eliminate IUU Fishing
- Cho-Hsin Su, Reminiscent of Zollverein – The ECFA from A Constructivist View
The article presents a model for reform of investor-state arbitration aimed at enhancing institutional safeguards of independence in the system. The model is based on the person-to-government adjudicative mechanism in Canada's Agreement on Internal Trade. The article also summarizes the win-loss record of Canada and of Canadian investors in investor-state arbitration.
- John Mathiason & Kirsten Haack, Studying International Organizations as a Continuum of Formality and Informality: History, Law and Politics
- Theorizing International Organizations
- Ian Hurd, Choices and Methods in the Study of International Organizations
- Ben Li, Situating Information Infrastructure Builders as International Organizations
- Reforming International Organizations
- Noemi Gal-Or, Trusteeship, Suspended Sovereignty, and Enforcement of UN Membership Duties: Governance in Times of Peril
- Insider's View
- Tamara Shockley, The United Nations Judicial Tribunals as Tools for Managerial Accountability
Thursday, November 17, 2011
By providing a private international law analysis of a field in which international conventions coexist with national law and regional law, this book offers different theoretical and methodological insights into the conflict of laws and the conflict of jurisdictions, aiming ultimately at the juridical continuity of legal relations across national borders.
Central to the book is the jurisdictional function of arrest of ships. Forum arresti--the paradigmatic forum selection criterion in English and Scots law--has survived so far as a specific jurisdictional basis for maritime claims in the process of Europeanization of private international law. One of the main purposes of this book is to provide a theoretical framework within which forum arresti in the case of the arrest of ships gains legitimacy. It proposes a positive approach to jurisdictional issues through the lenses of international judicial co-operation and provides a theoretical justification for the triumph of forum arresti in the international maritime context where traditionally this has been justified by historical and practical reasons.
Considering the the topic in the context of the Europeanization of private international law and the Brussels I Regulation, this book includes valuable insight into theories of characterisation as applied to uniform provisions such as the International Arrest Conventions, and challenges the indistinctive characterisation of the arrest of ships as an inherent part of the action in rem in English law.
This is a scholarly analysis offering an expert perspective on the arrest of ships in the international commercial sphere to draw conclusions on the advancement of further harmonisation in this field. Through its focus on English and Scots law in the light of international conventions, this book provides a framework which will give practical answers to the many complex private international law issues that arise in relation to the arrest of ships.
This book considers foreign investment flows in major Asian economies. It critically assesses the patterns and issues involved in the substantive law and policy environment which impact on investment flows, as well as the related dispute resolution law and practice. The book combines insights from international law and comparative study and is attentive to the socio-economic contexts and competing theories of the role of law in Asia. Contributions come from both academics with considerable practical expertise and legal practitioners with strong academic backgrounds. The chapters analyze the law and practice of investment treaties and FDI regimes in Asia looking specifically at developments in Japan, India, China, Indonesia, Malaysia, Korea and Vietnam. The book explores the impact of the Asian Financial Crisis in the late 1990s and the Global Financial Crisis a decade later, examining actual trends and policy debates relating to FDI and capital flows in Asia before and after those upheavals.
This book chapter traces the legal and political origins of the Responsibility to Protect doctrine from its early origins in the International Commission on Intervention and State Sovereignty through the 2005 World Summit Outcome Document and up to January 2011. The chapter examines the legal meaning of the Responsibility to Protect, the obligations the Responsibility imposes on states and international institutions, and its implications in for the international legal and political systems. The chapter argues that while the Responsibility to Protect has developed with extraordinary speed, it is still a norm in development rather than a binding legal rule. Its greatest powers lie not in its formal legal status, but rather in the legitimating compliance pull the Responsibility to Protect is coming to exert on state responses to mass atrocity.
Saul: The Search for an International Legal Concept of Democracy: Lessons from the Post-Conflict Reconstruction of Sierra Leone
This article explores the treatment of democracy in the formulation of UN resolutions, peace agreements, and external aid agreements related to the post-conflict reconstruction of Sierra Leone. In so doing, it seeks to contribute towards a fuller understanding of the relevance of the practice of post-conflict reconstruction for the debate on democracy in international law. The analysis takes account of not only whether democracy was treated as an international legal concept, but also the relationship between the approach taken to the definition of democracy and the effectiveness of the reconstruction process. A central argument is that internationally facilitated post-conflict reconstruction can appear to be conducive to the articulation, by states, of democracy in international legal terms. However, it is also contended that the willingness of states to take this step can be seen as dependent on the existence of an appropriate forum. On this basis, it is concluded that the significance, from an international legal perspective, of the reluctance of states to take various opportunities to raise democracy in international legal terms during the reconstruction of Sierra Leone should not be overstated.
- Gráinne de Búrca, The Road Not Taken: The European Union as a Global Human Rights Actor
- Peter J. Spiro, A New International Law of Citizenship
Wednesday, November 16, 2011
La menace de pénurie d’eau, les aléas des changements climatiques, la nécessité d’une meilleure protection de l’environnement font de l’eau une ressource précieuse et convoitée. Les enjeux économiques et sociaux autour de cette ressource vitale mais vulnérable s’affirment en même temps qu’émerge un droit humain à l’eau.
Le droit international a progressivement créé un régime particulier de règles applicables à cette ressource en temps de conflit armé. En résultent plusieurs principes, règles et régimes spécifiques applicables pendant un conflit armé. Le présent ouvrage se propose de recomposer le puzzle des principes et règles applicables à l’eau par des regards croisés sur un objet complexe du droit international.
Par une lecture globale et systémique des normes applicables de droit international, l’étude dresse une synthèse des règles applicables en temps de conflit armé, mais également lors des phases précédant un conflit et durant les phases post-conflictuelles. L’angle d’approche est l’analyse des articulations entre les divers corpus de normes applicables.
En soulignant les liens étroits entre le droit international humanitaire, le droit international relatif aux droits humains et le droit international des cours d’eau internationaux, l’ouvrage plaide pour une lecture harmonieuse des normes qui régissent la protection de l’eau en temps de conflit armé.
This article examines the extraterritorial application of U.S. law, with a particular focus on the territoriality presumption. The article argues that the territoriality presumption has become obsolete and should be abandoned. The presumption unduly constrains the extraterritorial application of U.S. laws - including in cases where significant national regulatory policies demand protection, where Congress fairly clearly sought to safeguard such interests and where no conflict with either international or foreign law would occur. Conversely, the presumption can result in the application of U.S. law in circumstances where only fleeting or arbitrary territorial connections exist, but where no meaningful U.S. regulatory policies are involved. The article concludes by arguing that the most appropriate alternative to the territoriality presumption is an "international law" presumption: courts should generally presume that federal law applies to that conduct which, under principles of public and private international law prevailing in the United States, is subject to U.S. law.
- Public International Law
- Daphné Richemond-Barak, The International Court of Justice on Kosovo: Missed Opportunity or Dispute ‘Settlement’?
- Rafael Leal-Arcas, Kyoto and the COPs: Lessons Learned and Looking Ahead
- Rogelio Pfirter, The Chemical Weapons Convention: Progress to Date
- Mamoud Zani, Les armes légères et le droit international
- Private International Law
- S.I. Strong, Class and Collective Relief in the Cross-Border Context: A Possible Role for the Permanent Court of Arbitration
- Frederike E.M. Stikkelbroeck, Hague Conference on Private International Law – Work in 2010
- International Investment Law
- Andreas Kulick, The Integration of International Investment Law
- Thomas Henquet, Dutch Bilateral Investment Treaties and Investment Protection in the European Union: Some Observations on Non-Discrimination and Investment Restructuring
- International Criminal Law
- Anna Marie Brennan, Exploring the Accountability of Leaders of Armed Opposition Groups under International Law
- Judy Mionki, The Evolving Trend to Criminalize Forced Marriage in International Criminal Law
- Joseph Peter Mandala, Universal Civil Jurisdiction: Universalising Civil Jus Cogens Liability through Adoption of the Alien Tort Statute and Retooling the International Criminal Court
Kastner: International Criminal Justice in bello?: The ICC between Law and Politics in Darfur and Northern Uganda
The International Criminal Court (ICC) plays a particularly delicate role in situations of ongoing armed conflicts, both from a legal and a political perspective. While the primary objective of the ICC Statute is to end impunity, States Parties and the UN Security Council were mainly driven by political considerations when they triggered ICC jurisdiction over the situations in northern Uganda and Darfur. In this book, the author discusses strategies within the legal framework governing the Court to counter such politicization. He concludes that although the ICC can have beneficial effects on ongoing armed conflicts, its primary raison d’être should not be to influence politics but to continue to fight impunity in the long run.
- Constance Grewe & Michael Riegner, Internationalized Constitutionalism in Ethnically Divided Societies: Bosnia-Herzegovina and Kosovo Compared
- Alexander Orakhelashvili, The International Court's Advisory Opinion on the UDI in Respect of Kosovo: Washing Away the "Foam on the Tide of Time"
- Andreas S. Kolb, Tim René Salomon, & Julian Udich, Paying Danegeld to Pirates
- Cornelia Manger-Nestler, Impacts of International Law on the Restructuring of the Global Financial System
- Sigrid Mehring, Medical War Crimes
- Alena Douhan, Commonwealth of Independent States - Is There Any Chance to Establish an Effective System of Collective Security in the Region?
- Yoshifumi Tanaka, Protection of Community Interests in International Law: The Case of the Law of the Sea
- Hitoshi Nasu, The UN Security Council's Responsibility and the "Responsibility to Protect"
- Hans M. Haugen, Human Rights Principles - Can They be Applied to Improve the Realization of Social Human Rights?
- Adele J. Kirschner, The Human Right to Water and Sanitation
- Rishi Gulati, The Internal Dispute Resolution Regime of the United Nations
Tuesday, November 15, 2011
- Nenad Fiser, The New Media, Modern Warfare, Mind-Engineering and New Propaganda Paradigms
- Predrag Dojcinovic, Towards a Cognitive Linguistic Approach to the Criminal Analysis of Open Source Evidence in War Crimes Investigations
- Dan Saxon, A Legal Analysis of Propaganda-Related Evidence and the Formulation of Charges Based on International Law, the ICTY and ICTR Statutes, Existing Jurisprudence and Other Relevant Documents
- Anthony Oberschall, A Methodology of Writing an Expert Report on Propaganda for a War Crimes Case and Personal Reflections on the Presentation of an Expert Report before the Trial Chamber, the Prosecution and the Defense
- Lawrence Douglas, A Comparative Legal Analysis of the Use of Film and Other Visual Documentary Material by the Prosecution at the ICTY, ICTR, the Nuremberg and Other Historical War Crimes Trials
- Michael G. Kearney, A Legal Analysis and Evaluation of the Presentation of Propaganda Cases and Related Jurisprudence Emerging from Past and Ongoing War Crimes Trials
- Michelle Foster & Jason Pobjoy, A Failed Case of Legal Exceptionalism? Refugee Status Determination in Australia’s ‘Excised’ Territory
- Siobhán Mullally, Separated Children in Ireland: Responding to ‘Terrible Wrongs’
- John R. Campbell, The Enduring Problem of Statelessness in the Horn of Africa: How Nation-States and Western Courts (Re)Define Nationality
- Asem Khalil, Socioeconomic Rights of Palestinian Refugees in Arab Countries
- Bardo Fassbender, Introduction
- Daphna Shraga, The Security Council and Human Rights - From Discretion to Promote to Obligation to Protect
- Vera Gowlland-Debbas, The Security Council as Enforcer of Human Rights
- Bardo Fassbender, The Role for Human Rights in the Decision-making Process of the Security Council
- Annalisa Ciampi, Security Council Targeted Sanctions and Human Rights
- Erika de Wet, Human Rights Considerations and the Enforcement of Targeted Sanctions in Europe: The Emergence of Core Standards of Judicial Protection
- Salvatore Zappalà, Reviewing Security Council Measures in the Light of International Human Rights Principles
This book contends that the right of access to justice (at national and international levels) constitutes a basic cornerstone of the international protection of human rights, and conforms a true right to the Law. It amounts, lato sensu, to the right to the realization of justice.
In such understanding, it comprises not only the formal access to a tribunal or judge, but also respect for the guarantees of due process of law, the right to a fair trial, and to reparations (whenever they are due), and the faithful execution of judgments. On its part, the right to an effective domestic remedy is a basic pillar of the rule of law in a democratic society. In its part, the right of international individual petition, together with the safeguard of the integrity of international jurisdiction, constitute the basic foundations of the emancipation of the individual vis-à-vis his own State.
This is a domain that has undergone a remarkable development in recent years. It is submitted that the right of access to justice belongs today to the domain of jus cogens. Without it, there is no legal system at all. The protection of the human person in the most adverse circumstances has evolved amongst considerations of ordre public. Such recent evolution has been contributing to the gradual expansion of the material content of jus cogens.
Furthermore, the very notion of "victim" (encompassing direct, indirect and potential victims) has been the subject of a considerable international case-law. Victims have had their cause vindicated in situations of utmost adversity, if not defencelessness (e.g., abandoned or "street children", undocumented migrants, members of peace communities in situations of armed conflict, internally displaced persons, individuals in infra-human conditions of detention, surviving victims of massacres).
- Aaron P. Boesenecker & Leslie Vinjamuri, Lost in Translation? Civil Society, Faith-Based Organizations and the Negotiation of International Norms
- Paul Katz, A New ‘Normal’: Political Complicity, Exclusionary Violence and the Delegation of Argentine Jewish Associations during the Argentine Dirty War
- Martien Schotsmans, ‘But We Also Support Monitoring’: INGO Monitoring and Donor Support to Gacaca Justice in Rwanda
- Pilar Riaño-Alcalá & Erin Baines, The Archive in the Witness: Documentation in Settings of Chronic Insecurity
- Lia Kent, Local Memory Practices in East Timor: Disrupting Transitional Justice Narratives
- Alison Crosby & M. Brinton Lykes, Mayan Women Survivors Speak: The Gendered Relations of Truth Telling in Postwar Guatemala
- Olivera Simić & Kathleen Daly, ‘One Pair of Shoes, One Life’: Steps towards Accountability for Genocide in Srebrenica
- Sari Kouvo & Dallas Mazoori, Reconciliation, Justice and Mobilization of War Victims in Afghanistan
Monday, November 14, 2011
- I. Glenn Cohen, Medical Tourism, Access to Health Care, and Global Justice
- Stephan W. Schill, Enhancing International Investment Law's Legitimacy: Conceptual and Methodological Foundations of a New Public Law Approach
- Gregory Shaffer & Joel Trachtman, Interpretation and Institutional Choice at the WTO
The book presents the international laws on the use of force whilst demonstrating the unique insight a feminist analysis offers this central area of international law. The book highlights key conceptual barriers to the enhanced application of the law of the use of force, and develops international feminist method through rigorous engagement with the key writers in the field.
The book looks at the key aspects of the UN Charter relevant to the use of force – Article 2(4), Article 51 and Chapter VII powers – as well as engaging with contemporary debates on the possibility of justified force to meet self-determination or humanitarian goals. The text also discusses the arguments in favour of the use of pre-emptive force and reflects on the role feminist legal theories can play in exposing the inconsistencies of contemporary arguments for justified force under the banner of the war on terror. Throughout the text state practice and institutional documentation are analysed, alongside key instances of the use of force.
The seminar will examine legal, ethical and policy issues posed by cyber warfare. While much attention has been paid to jus ad bellum issues – examining when and under what circumstances a cyber attack constitutes an armed attack for the purposes of self defense – relatively little discussion has focused on how cyber warfare might require new rules, or new interpretations of rules, regarding the conduct of hostilities, or the jus in bello, once armed conflict has begun.
The Internet in Bello seminar will provide an opportunity for scholars and practitioners to explore issues such as intelligence-gathering and other means of ‘preparing the battlefield’; neutrality before and during cyber war, starting with how to interpret in the Internet era the traditional requirement that neutral States not participating in a given armed conflict not allow the movements of troops or weapons across their territories; as well as questions relating to how cyber operations intersect with the established rule that an attack is an act of violence, and the fundamental humanitarian principle of distinction, which holds that civilians should be protected against dangers arising from military operations.
Leading the debate on the domestic effect of the growing influence of international adjudication, this invaluable text examines Serbia and Croatia’s erratic record of compliance with the International Criminal Tribunal for the Former Yugoslavia (ICTY).
Since the demise of the Milosevic and Tudjman regimes, Serbian and Croatian governments have been inconsistent in cooperating with the ICTY, despite the conditions of EU membership and US financial incentives. This study reconstructs events before, during and after extradition to build up a picture of the complex politics involved in ICTY relations, and provides a conceptual framework to study compliance in international relations and law. Through this analysis, a historical tracing of varied factors of political influence and a conceptualization of compliance is provided, resulting in a rich interdisciplinary work embracing political science, international relations and social theory. By scrutinizing the social meanings and political practices which become attached to prescribed norms in compliance processes, this book provides a highly-relevant insight into contemporary meanings of ‘compliance’.
In der Studie werden grundlegende Zusammenhänge zwischen dem internationalen Investitionsrecht und dem Menschenrechtsschutz vor dem Hintergrund der völkerrechtlichen Stellung des Exportstaates ausländischer Direktinvestitionen erörtert. Die Wechselwirkungen der genannten Rechtsregime sind von aktuellem Interesse, da ausländische Direktinvestitionen in den letzten Jahren ein Niveau erreicht haben, das in den Importstaaten erhebliche rechtliche und gesellschaftspolitische Folgewirkungen zeitigt. Im Wettbewerb um attraktive Investitionsbedingungen verzichten Entwicklungs- und Schwellenländer jedoch häufig auf eine effektive arbeits- und menschenrechtliche Gesetzgebung. Vor diesem Hintergrund richtet die Studie ihr Augenmerk auf die völkerrechtlichen Verpflichtungen des Exportstaates ausländischer Direktinvestitionen. Aus internationalen Menschenrechtsverträgen werden Pflichtenstrukturen für die Ausgestaltung von nationalen und internationalen Investitionsgarantien und Investitionsschutzabkommen abgeleitet. Zudem wird der Frage nachgegangen, in welchem Maße Exportstaaten auf das Verhalten „ihrer“ Unternehmen im Ausland in völkerrechtlich zulässiger Weise Einfluss nehmen können.
Sunday, November 13, 2011
- International law and global justice: a happy marriage
- Laura Valentini & Tiziana Torresi, Introduction - International law and global justice: a happy marriage
- Helga Varden, A Kantian conception of global justice
- Terry Nardin, Justice and authority in the global order
- Saladin Meckled-Garcia, International law and the limits of global justice
- Elisa Orrù & Miriam Ronzoni, Which supranational sovereignty? Criminal and socioeconomic justice compared
- Peter Dietsch, Rethinking sovereignty in international fiscal policy
- David Armstrong, Evolving conceptions of justice in international law
- Margot E. Salomon, Why should it matter that others have more? Poverty, inequality, and the potential of international human rights law
- Mobilising uncertaining and responsibility in international politics and law
- Tranja E. Aalberts & Erna Rijsdijk, Mobilising uncertainty and responsibility in international politics and law: guest editors' introduction
- Oliver Kessler, The same as it never was? Uncertainty and the changing contours of international law
- Tanja E. Aalberts & Wouter G. Werner, Mobilising uncertainty and the making of responsible sovereigns
- Bartholomew Paudyn, The uncertain (re)politicisation of fiscal relations in Europe: a shift in EMU's modes of governance
- Erna Rijsdijk, The politics of hard knowledge: uncertainty, intelligence failures, and the ‘last minute genocide’ of Srebrenica
- Filip Gelev, Checks and balances of risk management: precautionary logic and the judiciary
- Anna Leander, Risk and the fabrication of apolitical, unaccountable military markets: the case of the CIA ‘Killing Program’
- Jorg Kustermans, Republican security theory revisited
- Julia Gallagher, Ruthless player or development partner? Britain's ambiguous reaction to China in Africa
- Ayşe Zarakol, What makes terrorism modern? Terrorism, legitimacy, and the international system
- Adam Lockyer, Foreign intervention and warfare in civil wars
- Eduard Jordaan, Including the excluded: communitarian paths to cosmopolitanism
- Kathy Powers & Gary Goertz, The economic-institutional construction of regions: conceptualisation and operationalisation
- Martin Shaw, Britain and genocide: historical and contemporary parameters of national responsibility
- Gordon D. Cumming & Tony Chafer, From rivalry to partnership? Critical reflections on Anglo-French cooperation in Africa
- Julian Gruin, ‘Freedom’ through repression: epistemic closure in agricultural trade negotiations
- Holger Stritzel, Security as translation: threats, discourse, and the politics of localisation
- Li Sheng, Theorising free capital mobility: the perspective of developing countries
- David Roberts, Beyond the metropolis? Popular peace and post-conflict peacebuilding
- Jonathan Symons, The legitimation of international organisations: examining the identity of the communities that grant legitimacy
- Ronnie Hjorth, Equality in the theory of international society: Kelsen, Rawls and the English School
- Brent J. Steele, Alternative accountability after the ‘naughts’
- Zeynep Taydas, Jason Enia, & Patrick James, Why do civil wars occur? Another look at the theoretical dichotomy of opportunity versus grievance
- Claire M.C. Kennedy & Darrel H. Pearson, Canadian Transfer Pricing: Optimizing Canadian Expansion with a Unified Approach to Tax and Customs Transfer Pricing
- Martine Chin-Oldenziel & Anatoly Nesterov, The Customs Union of Russia, Belarus, Kazakhstan, and the European Union: Selected Cross Border Issues
- Lawrence A. Kogan, The U.S. Biologics Price Competition and Innovation Act of 2009 Triggers Public Debates, Regulatory/Policy Risks, and International Trade Concerns
- Chiza Charles Newton Chiumya, Corruption and the Customs Environment: A Dual Approach of Mitigating Corruption Induced Revenue Risks in Customs Administrations