Saturday, February 4, 2012

Conforti: An Introduction to International Law

Benedetto Conforti (Univ. of Naples “Federico II” - Law; formerly, Judge, European Court of Human Rights) has published An Introduction to International Law (Martinus Nijhoff Publishers 2012). Here's the abstract:
This book touches upon the main subjects in public international law, with special emphasis on the application of international rules within the national legal orders. The treatment of the matter is based on the practice, particularly on the case law of international and domestic courts. The main characteristic of the book is the very extensive discussion of the role of domestic courts, as well as public officials, in order to achieve the effectiveness of international law. National judges, who are considered the principal addressees of the book, are viewed as a sort of propelling force behind international law to the extent that they perceive the need to realize that international solidarity which is too often lacking at the level of governments.

Friday, February 3, 2012

Conference: ASIL Annual Meeting 2012 (Update)

As noted previously, the 106th Annual Meeting of the American Society of International Law will take place March 28-31, 2012, in Washington, DC. The theme is "Confronting Complexity." The program is now available here (click on "program").

Programa "García Pelayo" Seminario de investigadores

The schedule for the García Pelayo seminars that will take place at the Centro de Estudios Politicos y Constitucionales in Madrid from February 2012 through June 2012 is available here.

Conference: Regional Human Rights Systems – Tools for Social Justice?

On March 16, 2012, the Netherlands Institute of Human Rights (SIM) will host a thirtieth anniversary conference on the topic "Regional Human Rights Systems – Tools for Social Justice?" The program is here. Here's the idea:

Exclusion of Roma from adequate education in Europe, land-grabbing from indigenous peoples in the Americas, lack of jobs in the Middle East, violation of property rights in Asia or water pollution in Africa - all of these are serious challenges for social justice around the globe. Human rights have always been tools in social struggles, but how do they adapt to old and new forms of social injustice and exclusion? What role is there for the regional protectors of human rights: the courts, committees and commissions that were or are about to be set up and are in the process of major changes to promote and monitor basic guarantees of human rights and dignity? Are they equipped to deal with the challenges of social justice? Do they provide the best legal and political instruments to implement and guarantee justice for all? Do they function as de facto allies of civil society organisations or are they too detached from the realities on the ground? Through which channels and to what extent do the rulings of these mechanisms have an effect upon the states and societies in which the violations occurred? In addressing these questions, the conference aims to critically compare the impact of human rights mechanisms in the various regional contexts.

The speakers will focus on the question of effective social justice that is at the same time adaptive to regional specifics and complies with global human rights norms and standards.

New Issue: Journal of International Arbitration

The latest issue of the Journal of International Arbitration (Vol. 28, no. 6, December 2011) is out. Contents include:
  • Paul E. Mason, The Arbitrator as Mediator, and Mediator as Arbitrator
  • Hossein Abedian, Judicial Review of Arbitral Awards in International Arbitration – A Case for an Efficient System of Judicial Review
  • Lucy Greenwood, Keeping the Golden Goose Alive: Could Alternative Fee Arrangements Reduce the Cost of International Arbitration?
  • Clyde Croft, Recent Developments in Arbitration in Australia
  • Albert Jan van den Berg, Enforcement of Arbitral Awards Annulled in Russia – Case Comment on Dutch Supreme Court of 25 June 2010
  • Ashley Bell, Big Trouble in ‘Little China’ – Could a Constitutional Dilemma Concerning State Immunity Threaten Hong Kong’s Position as a Pre-eminent Arbitration Seat?

OGEL: Arctic Region: Boundaries, Resources and the Promise of Co-operation

Oil, Gas and Energy Law has published a special issue (no. 2, 2012) on "Arctic Region: Boundaries, Resources and the Promise of Co-operation." The issue address several areas pertaining to the Arctic region: the legal regime, maritime boundary delimitation, and dispute resolution; the geopolitics of Arctic developments; the economics of oil and gas exploration in the Arctic; and the environmental issues associated with resource management and development in the Arctic. The table of contents is here.

Carreau & Marrella: Droit international (11th edition)

Dominique Carreau (l'Université de Paris I - Law) & Fabrizio Marrella (l'Université Cà Foscari de Venise - Law) have published the eleventh edition of Droit international (Pedone 2012). Here's the abstract:

La présentation du droit international n'a pas toujours su éviter les écueils de l'angélisme ou de la théorie pure. II a parfois été vu sous la seule optique du droit de la paix et il s'est trouvé ainsi assimilé au droit des Nations Unies, ce qui a pu faire douter de son utilité et n'a pas rehaussé son prestige. Envisagé comme le seul droit des relations inter-étatiques, le droit international apparaît également comme très déréalisé, ses implications pratiques semblant des plus limitées.

Au cours de ces dernières décennies, le droit international a connu des mutations considérables. Le phénomène de la mondialisation (ou globalisation) ne s'est en effet pas arrêté aux frontières de l'économie et a profondément modifié le paysage juridique, interne comme international. La transnationalisation du droit international, déjà perceptible depuis longtemps, a connu une accélération notable. Aujourd'hui, les personnes privées - à commencer par les entreprises multinationales et les organisations non-gouvernementales (O.N.G.) - se trouvent à l'origine d'un nombre croissant de règles juridiques, venant en cela fortement concurrencer les Etats et les institutions intergouvernementales dans leur fonction normative. De la sorte, ordre interne et ordre international entretiennent des rapports de plus en plus étroits, se trouvant même parfois dans de véritables situations d'osmose.

Aujourd'hui, nombre de prescriptions du droit international/transnational font partie du patrimoine juridique des particuliers tandis que ces derniers disposent de moyens appréciables pour en assurer le respect à leur profit grâce à une large palette de recours offerts tant par les ordres internes que par l'ordre international lui même.

Ce manuel s'est efforcé de replacer concrètement le droit international dans la réalité de la société transnationale contemporaine. Il entend ainsi montrer que, loin d'être un exercice vain, placer sa confiance dans la protection du droit international est devenu une véritable nécessité.

Tuerk: Reflections on the Contemporary Law of the Sea

Helmut Tuerk (Judge, International Tribunal for the Law of the Sea) has published Reflections on the Contemporary Law of the Sea (Martinus Nijhoff Publishers 2012). Here's the abstract:
Reflections on the Contemporary Law of the Sea describes the development and the present state of this important field of international law, particularly in light of the 1982 United Nations Convention on the Law of the Sea, while also drawing attention to some of the current problems facing the international community. Specifically, the book deals with the principle of the common heritage of mankind, the situation of landlocked States, the resurgence of piracy, terrorism at sea, the role of the International Tribunal for the Law of the Sea and the waning freedom of the seas. It provides new insights on certain aspects of these topics and is of interest for the entire law of the sea community, including law students in particular.

Carmody, Garcia, & Linarelli: Global Justice and International Economic Law: Opportunities and Prospects

Chi Carmody (Univ. of Western Ontario - Law), Frank J. Garcia (Boston College - Law), & John Linarelli (Swansea Univ. - Law) have published Global Justice and International Economic Law: Opportunities and Prospects (Cambridge Univ. Press 2012). Contents include:
  • Carol C. Gould, Approaching global justice through human rights: elements of theory and practice
  • Daniel Butt, Global equality of opportunity as an institutional standard of distributive justice
  • Robert C. Hockett, Human persons, human rights, and the distributive structure of global justice
  • Aaron James, Global economic fairness: internal principles
  • Chin Leng Lim, The conventional morality of trade
  • Jeffrey L. Dunoff, The political geography of distributive justice
  • Chantal Thomas, Democratic governance, distributive justice and development
  • Fernando Tesón & Jonathan Klick, Global justice and trade
  • Barbara Stark, Jam tomorrow: a critique of international economic law
  • Joel P. Trachtman, Doing justice: the economics and politics of international distributive justice

Thursday, February 2, 2012

Gillespie: Conservation, Biodiversity and International Law

Alexander Gillespie (Univ. of Waikato - Law) has published Conservation, Biodiversity and International Law (Edward Elgar Publishing 2011). Here's the abstract:
This important and timely book provides a rigorous overview of the defining issues presently facing conservation at international level. The author provides detailed coverage of topics ranging from the classification of species right through to access and benefit sharing, drawing on his personal experience at intergovernmental level. Each question is examined through the prism of dozens of treaties and hundreds of decisions and resolutions of the key multilateral regimes, and the law in each area is supplemented by the necessary considerations of science, politics and philosophy – providing much-needed context for the reader.

Georgetown University Law Center Foreign Relations Law Colloquium

Here's the schedule for the Georgetown University Law Center Foreign Relations Law Colloquium for the Spring Semester 2012:
  • January 27, 2012: Oona Hathaway (Yale Univ. – Law), Our Foreign Affairs Constitution: The President, Congress and the Making of International Law
  • February 3, 2012: Curtis Bradley (Duke Univ. –Law), Delegating Authority to International Institutions
  • February 10, 2012: Anthony Bellia Jr. (Notre Dame Univ. – Law) & Bradford Clark (George Washington Univ. – Law), The Law of Nations as Constitutional Law
  • February 17, 2012: Trevor Morrison (Columbia Univ. – Law), Historical Gloss, the Separation of Powers, and Institutional Acquiescence
  • February 17, 2012: Laura Donohue (Georgetown Univ. – Law), The Fourth Epoch and the Limits of National Security
  • March 2, 2012: Odette Lienau (Cornell Univ. – Law), Rethinking Sovereign Debt: The Politics of Reputation in the Twentieth Century
  • March 16, 2012: Ashley Deeks (Columbia Univ. – Law), 'Unwilling or Unable': Toward an Normative Framework for Extra-Territorial Self-Defense
  • March 23, 2012: Jack Goldsmith (Harvard Univ. – Law), The Accountable Presidency After 9/11
  • March 30, 2012: Chimène Keitner (Univ. of California – Hastings College of the Law), The Forgotten History of Foreign Official Immunity
  • April 13, 2012: Andrew Kent (Fordham Univ. – Law), The Court’s Fateful Error in Ex parte Quirin, the Nazi Saboteur Case
  • April 20, 2012: David Golove (New York Univ. – Law), The Extended Founding: The Struggle Between Enlightened Statesmanship and Romantic Nationalism in the Early American Constitutional Law of Foreign Affairs
  • April 27, 2012: Richard Fallon (Harvard Univ. – Law), Presidential Powers, Executive Precedent, and the Analogy of Machiavellian Morality

Jouannet: The Liberal-Welfarist Law of Nations: A History of International Law

Emmanuelle Jouannet (Université de Paris I (Panthéon-Sorbonne) - Law) has published The Liberal-Welfarist Law of Nations: A History of International Law (Cambridge Univ. Press 2012). Here's the abstract:
Although portrayed as a liberal law of co-existence of and co-operation between states, international law has always been a welfarist law, too. Emerging in eighteenth-century Europe, it soon won favour globally. Not only did it minister to the interests of states and their concern for stability, but it was also an interventionist law designed to ensure the happiness and well-being of peoples. Hence international law initially served as a secularised eschatological model, replacing the role of religion in ensuring the proper ordering of mankind, which was held to be both one and divided. That initial vision still drives our post-Cold War globalised world. Contemporary international law is neither a strictly welfarist law nor a strictly liberal law, but is in fact a liberal-welfarist law. In the conjunction of these two purposes lies one of the keys to its meaning and a partial explanation for its continuing ambivalence.

Young: Regime Interaction in International Law: Facing Fragmentation

Margaret A. Young (Univ. of Melbourne - Law) has published Regime Interaction in International Law: Facing Fragmentation (Cambridge Univ. Press 2012). Contents include:
  • Margaret Young, Introduction: the productive friction between regimes
  • Gunther Teubner & Peter Korth, Two kinds of legal pluralism: collision of transnational regimes in the double fragmentation of world society
  • Cheryl Saunders, International regimes and domestic arrangements: a view from inside out
  • Margaret Young, Regime interaction in creating, implementing and enforcing international law
  • Andrew Lang, Legal regimes and professional knowledges: the internal politics of regime definition
  • Jeffrey Dunoff, A new approach to regime interaction
  • Stephen Humphreys, Structural ambiguity: technology transfer in three regimes
  • Nele Matz-Lück, Norm interpretation across international regimes: competences and legitimacy
  • James Crawford & Penelope Nevill, Relations between international courts and tribunals: the 'regime problem'
  • James Flett, Importing other international regimes into World Trade Organisation litigation
  • Martti Koskenniemi, Hegemonic regimes

Freeman, Chinkin, & Rudolf: The UN Convention on the Elimination of All Forms of Discrimination Against Women: A Commentary

Marsha A. Freeman (Univ. of Minnesota - Human Rights Center), Christine Chinkin (London School of Economics and Political Science - Law), & Beate Rudolf (German Institute for Human Rights) have published The UN Convention on the Elimination of All Forms of Discrimination Against Women: A Commentary (Oxford Univ. Press 2012). Here's the abstract:

This volume is the first comprehensive commentary on the Convention on the Elimination of All Forms of Discrimination against Women and its Optional Protocol. The Convention is a key international human rights instrument and the only one exclusively addressed to women. It has been described as the United Nations' 'landmark treaty in the struggle for women's rights'.

The Commentary describes the application of the Convention through the work of its monitoring body, the Committee on the Elimination of Discrimination against Women. It comprises detailed analyses of the Preamble and each article of the Convention and of the Optional Protocol. It also includes a separate chapter on the cross-cutting substantive issue of violence against women. The sources relied on are the treaty language and the general recommendations, concluding observations and case law under the Optional Protocol, through which the Committee has interpreted and applied the Convention. Each chapter is self-contained but the Commentary is conceived of as an integral whole. The book also includes an Introduction which provides an overview of the Convention and its embedding in the international law of human rights.

Wednesday, February 1, 2012

Akhavan: Reducing Genocide to Law: Definition, Meaning, and the Ultimate Crime

Payam Akhavan (McGill Univ. - Law) has published Reducing Genocide to Law: Definition, Meaning, and the Ultimate Crime (Cambridge Univ. Press 2012). Here's the abstract:
Could the prevailing view that genocide is the ultimate crime be wrong? Is it possible that it is actually on an equal footing with war crimes and crimes against humanity? Is the power of the word genocide derived from something other than jurisprudence? And why should a hierarchical abstraction assume such importance in conferring meaning on suffering and injustice? Could reducing a reality that is beyond reason and words into a fixed category undermine the very progress and justice that such labelling purports to achieve? For some, these questions may border on the international law equivalent of blasphemy. This original and daring book, written by a renowned scholar and practitioner who was the first Legal Advisor to the UN Prosecutor at The Hague, is a probing reflection on empathy and our faith in global justice.

Schwenzer, Hachem, & Kee: Global Sales and Contract Law

Ingeborg Schwenzer (Univ. of Basel - Law), Pascal Hachem (Univ. of Basel - Law), & Christopher Kee (Univ. of Aberdeen - Law) have published Global Sales and Contract Law (Oxford Univ. Press 2012). The authors describe the Global Sales Law Project in a video here. Here's the abstract:

Although the 1980 United Nations Convention on Contracts for the International Sale of Goods (CISG) is one of the most successful international conventions to date, it remains the case that those involved in the international sale of goods must refer to a multitude of laws. Indeed the CISG itself does not cover all issues relating to international sales contracts, so it must necessarily be supplemented by domestic law. Global Sales and Contract Law provides a truly comparative analysis of domestic laws in over sixty countries so as to deliver a global view of domestic and international sales law.

The book reports on the real practice of sales law, taking into account present day problems. Complex questions on the obligations under a sales contract, the ways in which these are established, as well as the remedies following the breach of obligations, are all discussed. By addressing regional uniform projects, like OHADA, and comparing differences in domestic legal approach where the CISG would not apply, the work goes beyond existing commentaries which tend to focus only on the CISG. The analysis has been based on an unprecedented survey drawn from the world's top fifty companies as well as international traders, lawyers advising international traders, arbitral institutions, arbitrators, and law schools.

This work encompasses all aspects of a sale of goods transaction and takes a wide view of sale by including general contract law. The book gives practitioners invaluable insight into judicial trends and possible solutions in different legal systems, whether preparing for litigation or drafting an international contract. Global Sales and Contract Law is the most comprehensive and thorough compilation of legal analysis in the field of the sale of goods and is a reliable source for any practitioner dealing in international commerce.

Drumbl: Reimagining Child Soldiers in International Law and Policy

Mark A. Drumbl (Washington and Lee Univ. - Law) has published Reimagining Child Soldiers in International Law and Policy (Oxford Univ. Press 2012). Here's the abstract:

The international community's efforts to halt child soldiering have yielded some successes. But this pernicious practice persists. It may shift locally, but it endures globally. Preventative measures therefore remain inadequate. Former child soldiers experience challenges readjusting to civilian life. Reintegration is complex and eventful. The homecoming is only the beginning. Reconciliation within communities afflicted by violence committed by and against child soldiers is incomplete. Shortfalls linger on the restorative front.

Still, conversations about child soldiers mostly involve the same story, told over and over, and repeat the same assumptions, over and over. Current humanitarian discourse sees child soldiers as passive victims, tools of war, vulnerable, psychologically devastated, and not responsible for their violent acts. This perception has come to suffuse international law and policy. Although reflecting much of the lives of child soldiers, this portrayal also omits critical aspects. This book pursues an alternate path by reimagining the child soldier. It approaches child soldiers with a more nuanced and less judgmental mind.

It offers a way to think about child soldiers that would invigorate international law, policy, and best practices. Where does this reimagination lead? Not toward retributive criminal trials, but instead toward restorative forms of justice. Toward forgiveness instead of excuse, thereby facilitating reintegration and promoting social repair within afflicted communities. Toward a better understanding of child soldiering, without which the practice cannot be ended. This book also offers fresh thinking on related issues, ranging from juvenile justice, to humanitarian interventions, to the universality of human rights, to the role of law in responding to mass atrocity.

Daele: Challenge and Disqualification of Arbitrators in International Arbitration

Karel Daele has published Challenge and Disqualification of Arbitrators in International Arbitration (Kluwer Law International 2012). Here's the abstract:

In this thoroughly researched study of the grounds and procedures involved in challenging an arbitrator, the author provides the first in-depth analysis of the pertinent rules, guidelines, and standards of all the major international arbitration tribunals, as well as relevant issues raised in national case law in the United States, France, England, Sweden and Switzerland. Among the matters addressed are the following: the arbitrator’s duty to disclose and investigate conflicts of interest; the duty of the parties to investigate and inform the arbitrator of conflicts of interest; the arbitrator’s duty to disclose and investigate conflicts of interest; the duty of the parties to investigate and inform the arbitrator of conflicts of interest; the formal and timing requirements of making a challenge; the challenge procedure and effect on the arbitral proceeding; the standard for disqualifying arbitrators; the consequences of a successful challenge; issues of independence giving raise to challenges, including multiple appointments, the arbitrator’s relationship with a party/counsel in the arbitration and the relationship between the arbitrator’s law firm and a party/counsel; issues of impartiality giving raise to challenges, including the membership of other tribunals, the conduct of the arbitration and the failure to disclose.

In light of the continuing growth of international business and the manner in which it is conducted, this book will be of immeasurable practical value to parties in both business and government, as well as to international law firms and the arbitral community. As a detailed guide to evolving best practice and the general obligation to arbitrate in good faith, it has no peers.

Workshop: Preferential Trade and Investment Agreements: A New Ordering Paradigm for International Investment Relations?

For a couple of years, the Frankfurt Investment Law Workshop has been a forum to discuss conceptual issues of international investment law. Previous workshops focused on International Investment Law and General International Law: From Clinical Isolation to Systemic Integration? (Nomos 2011) and International Investment Law and Its Others (forthcoming 2012). This year’s workshop will explore the growing network of preferential trade and investment agreements (PTIAs) and assess their impact on ordering international investment relations. It will be held in Frankfurt/Main, on March 16-17, 2012, immediately following the Frankfurt Investment Arbitration Moot. The event is designed to be a forum for discussion. Those interested in participating should contact Mrs. Sabine Schimpf, Merton Centre for European Integration and International Economic Order, University of Frankfurt, RuW, Grüneburgplatz 1, 60323 Frankfurt am Main, Germany (S.Schimpf[at] by February 28, 2012. Here's the program:

Preferential Trade and Investment Agreements: A New Ordering Paradigm for International Investment Relations?

– Frankfurt Investment Law Workshop 2012 –

Goethe-Universität Frankfurt am Main

Campus Westend

16 and 17 March 2012

International investment law no longer exclusively consists of self-standing international investment protection treaties, but increasingly comprises preferential trade and investment agreements (PTIAs) that integrate investment protection and investment liberalization with rules on trade in goods and services. The 2012 Frankfurt Investment Law Workshop will explore the impact of this new form of investment agreement as an ordering paradigm for international investment relations and for international investment law. Do PTIAs break with the substance and rationale of bilateral investment treaties, or do they constitute their logical continuation? How do PTIAs relate to the debate about bilateralism and multilateralism in international investment law? What are the repercussions of combining matters related to trade and investment in a single instrument? How do PTIAs relate to the phenomenon of regionalism in international economic law? Will they lead to a more harmonious universe of international economic law or will they increase fragmentation and conflict? Presentations at the conference will address these and other crucial issues, and by doing so provide a clearer understanding of PTIAs as an instrument of ordering international investment relations.

Friday, 16 March 2012

20.00 Welcome Reception and Buffet

Keynote Address

Preferential Trade and Investment Agreements - A Practitioner’s Perspective

Raúl Emilio Vinuesa (Universidad de Buenos Aires)

Saturday, 17 March 2012

09.00 Opening Remarks & General Introduction

Rainer Hofmann (Goethe-Universität Frankfurt am Main) and Stephan Schill (Max Planck Institut Heidelberg)

9.30 Preferential Trade and Investment Agreements and the Bilateralism/Multilateralism Divide

Andreas Ziegler (Université de Lausanne)

Comments by Irmgard Marboe (Universität Wien) and Peter Muchlinski (School of Oriental and African Studies London) [tbc]


– Coffee break –

11.00 Co-existence and Conflict: Interaction between Preferential Trade and Investment Agreements and the BIT World

Eric de Brabandere (Universiteit Leiden)

Comments by Christina Binder (Universität Wien) and Marc Jacob (Max Planck Institut Heidelberg)


– Lunch break –

14.00 Preferential Trade and Investment Agreements and the Trade/Investment Divide

Freya Baetens (Universiteit Leiden)

Comments by Tillmann Rudolf Braun (Federal Ministry of Economic Affairs and Federal Ministry of Foreign Affairs, Berlin) and Jorge Albites-Bedoya (Herfurth & Partner, Hannover)


– Coffee break –

15.30 Preferential Trade and Investment Agreements and Regionalism

Marc Bungenberg (Universität Siegen/Université de Lausanne)

Comments by Anna Joubin-Bret (Foaley Hoag, Paris) and David Gaukrodger (OECD, Paris)


17.00 Concluding Remarks

Christian J. Tams (University of Glasgow)

Tuesday, January 31, 2012

Dörr & Schmalenbach: Vienna Convention on the Law of Treaties: A Commentary

Oliver Dörr (Universität Osnabrück - Law) & Kirsten Schmalenbach (Universität Salzburg - Law) have published Vienna Convention on the Law of Treaties: A Commentary (Springer 2012). Here's the abstract:
The Commentary on the Vienna Convention on the Law of Treaties provides an in-depth article-by-article analysis of all provisions of the Vienna Convention. The texts are uniformly structured: (I) Purpose and Function of the Article, (II) Historical Background and Negotiating History, and (III) Elements of the Article. The Vienna Convention on Treaties between States and IOs and between IOs is taken into account where appropriate. In sum, the present Commentary contains a comprehensive legal analysis of all aspects of the international law of treaties. Where the law of treaties reaches into other fields of international law, e.g. the law of state responsibility, the relevant interfaces are discussed and contextualized. With its focus on international practice, the Commentary is addressed to academia, as well as to practitioners of international law.

d'Aspremont: Herbert Hart and the Enforcement of International Law: Substituting Social Disability to the Austinian Imperatival Handicap of the International Legal System

Jean d'Aspremont (Univ. of Amsterdam - Law) has posted Herbert Hart and the Enforcement of International Law: Substituting Social Disability to the Austinian Imperatival Handicap of the International Legal System. Here's the abstract:
The Austinian handicap of international law is well-know and has been widely discussed in the literature. It constitutes a common charge made by International Relations theorists against the international legal scholarship as a whole which is derided for deifying its object of study. From an Austinian perspective, international law cannot be considered a set of commands for it can only be enforced by moral sanctions. The ambition of this paper is certainly not to refute the Austinian handicap or to rebuild legality beyond enforcement. The modest point this contribution seeks to make is rather that Hart provides only a temporary respite from the Austinian handicap which he reintroduces in another form. In making that argument, this paper aims to provide some elements to critically re-evaluate the place of enforcement in our studies of international law.

de Brabandere: The Regulation of Incitement to Terrorism in International Law

Eric de Brabandere (Leiden Univ. - Law) has posted The Regulation of Incitement to Terrorism in International Law (in Balancing Liberty and Security: The Human Rights Pendulum, L. Hennebel & H. Tigrouda eds., forthcoming). Here's the abstract:

Propaganda has since long been a subject of international regulation, but it has regained importance recently, especially in its relation with incitement to violence — particularly incitement to commit genocide and, more recently, incitement to terrorism. Although some cases of terrorist propaganda and incitement to terrorism could fall under the international prohibition of incitement to (racial) discrimination, incitement to terrorism has been the subject of specific international regulation as a measure to prevent terrorist attacks. Several instruments are specifically directed at prohibiting terrorist propaganda through the prohibition of direct and/or indirect incitement to terrorism: Security Council Resolution 1373 (2001), the European Union Council Framework Decision of 13 June 2002 on combating terrorism, the Council of Europe Convention on the Prevention of Terrorism of 2005, and Security Council Resolution 1624 (2005).

At the same time, the question needs to be raised whether Security Council action is the best medium to regulate complex issues such as incitement to terrorism. In the course of this chapter, we will indeed see that many areas remain especially in relation to the contours and legality of the criminalization of incitement to terrorism. The only instrument that has so far proposed a relatively complete framework to address the issue has been the Council of Europe Convention on the Prevention of Terrorism, since the used instrument — an international treaty — by necessary implication offers more possibilities for detail and specifications than a Security Council resolution. On the other hand, the adoption of a Security Council resolution guarantees a quasi-universal approach.

ASIL's Law of the Sea Reports

The latest volume of the American Society of International Law's Law of the Sea Reports (Vol. 2, 2011) is out. Contents include:
  • Alejandro S. Canio, Towards an ITLOS Advisory Opinion on the Genetic Resources of the Outer Continental Shelf
  • Claudia Cinelli, The Implementation Criteria of Precautionary Measures: The Arctic Ocean as a Case Study
  • Hernando Otero, Peru and Ecuador Reach Agreement on their Maritime Boundary
  • Angela del Vecchio, Summary of the Conference "Diritto del mare e nuovi interessi della comunita internazionale" (Law of the Sea and New Interests of the International Community), Santa Maria de Salina, Italy, September 29-30, 2011

Brölmann: Het Constitutionele Perspectief en de Coming of Age van Internationale Organisaties

Catherine M. Brölmann (Univ. of Amsterdam - Law) has posted Het Constitutionele Perspectief en de Coming of Age van Internationale Organisaties (The Constitutional Perspective and the Coming of Age of International Organizations) (in De Regels en Het Spel: Opstellen Over Recht, Filosofie, Literatuur en Geschiedenis, J. H. Reestman, A. Schrauwen, M. Van Montfrans, & J.H. Jans eds., 2011). Here's the abstract:
This vignette traces the coming of age of international organizations as international legal actors. It argues that the political and legal appraisal of the international organization – and thus, its identity - since the rise of organizations in the mid-nineteenth century has passed through different stages. The perspective on international organizations has started out as functional, which in the terminology of this paper denotes a perspective in which organizations are vehicles for the activities of states. In the middle of the twentieth century the perspective on IOs has become predominantly institutional. This refers to a vision of organization as systems, with a coherent body of rules and a degree of autonomy vis-à-vis the member states. The external aspect of this vision is usually discussed in terms of ‘international legal personality’. Currently, notably since the turn of the Millennium, we witness the rise of a constitutional perspective on international organizations. The paper uses a thick version of the term: international organizations appear as a system not only because of the coherence of internal rules and component elements (the formal-constitutional aspect) but also because of the incorporation of substantive norms (the substantive-constitutional aspect). This makes for a framework which goes beyond the institutional identity of organizations, since it incorporates also certain ‘fundamental values’, linked to human rights or theories of justice. Arguably, it is only in this newly acquired constitutional identity that international organizations have come of age and can participate as mature legal actors in the international arena. This is notwithstanding the complicating fact that in the organization’s development from a functional, to an institutional to a constitutional order traces of all three identities persist.

Monday, January 30, 2012

Kohen, Kolb, & Tehindrazanarivelo: Liber Amicorum Professor Christian Dominicé

Marcelo Kohen (Graduate Institute of International and Development Studies - Law), Robert Kolb (Univ. of Geneva - Law), & Djacoba Liva Tehindrazanarivelo have published Perspectives of International Law in the 21st century / Perspectives du droit international au 21e siècle : Liber Amicorum Professor Christian Dominicé in Honour of his 80th Birthday (Martinus Nijhoff Publishers 2012). Contents include:
  • Pierre-Marie Dupuy, Le droit comme langage convenu : hommage à un illustre grammarien du droit
  • Milan Sahović, La Charte des Nations Unies et l'évolution du droit international
  • Karl Zemanek, Can International Law be constitionalized?
  • Robert Kolb, Le domaine matériel du droit internatiional : esquisses sur les matières régies par le droit international public à travers l'histoire
  • Francisco Orrego Vicuña, Le pied du chancelier continue de s'allonger : les principes généraux et l'équité en droit international : à la recherche de limites à la flexibilité du droit
  • Jean Salmon, La signification d'actes judiciaires et la voie diplomatique
  • Hazel Fox, Functions of State Officials and the Restrictive Rule of State Immunity
  • Joe Verhoeven, Immunités de juridiction ou d'éxécution, alternatives raisonnables et jurisprudence belge
  • Marcelo G. Kohen, Succession of States in the Field of International Responsability: the Case for Codification
  • Tullio Treves, The High Seas as Potential Exclusive Economic Zones in the Mediterranean
  • Laurence Boisson de Chazournes & Vassilis Pergantis, À propos de l'arrêt Behrami et Saramati: un jeu d'ombre et de lumière dans les relations entre l'ONU et les organisations régionales
  • Pierre Klein, Le panel consultatif des droits de l'home (Human Rights Advisory Panel) de la MINUK : une étape dans le processus de responsabilisation des Nations Unies?
  • Jacques-Michel Grossen, À propos du degré de la preuve dans la pratique de la Cour Internationale de Justice
  • Pierre Lalive, Mission et démission des arbitres internationaux
  • Edward McWhinney, The International Court of Justice as Academy of Jurists or Responsible Magistrature : Law and Politics and the Kosovo Independence Advisory Opinion
  • Vera Gowlland-Debbas, The Contribution of the International Court of Justice to the Development of the Law of Treaties
  • Alain Pellet, Remarques sur la jurisprudence récente de la Cour International de Justice dans le domaine de la responsabilité internationale
  • Lucius Caflisch, Les précédents dans la pratique de la Cour européenne des Droits de l'Homme
  • Georges Abi-Saab, Some Prefatory Thoughts on Humanitarian Intervention
  • Fausto Pocar, L'emploui de civils et de prisonniers de guerre à des fins militaires devant le TPIY
  • Yoram Dinstein, Crimes against Humanity: between Prevention and Punishment
  • Djacoba Liva Tehindrazanarivelo, The African Union Principle on the Fight against Impunity and the Arrest Warrants for Omas Hassan El-Bashir

Call for Participation: Conference on International Aspects of Intellectual Property Law

The American Society of International Law Intellectual Property Law Interest Group and the International Law Association (American Branch) International Intellectual Property Committee have issued a call for participation for a conference on the international aspects of intellectual property law, to be held the Arizona State University's Sandra Day O’Connor College of Law, November 30-December 1, 2012. Here's the call:

The American Society of International Law Intellectual Property Law Interest Group and the International Law Association (American Branch) International IP Committee invite you to participate in the 2012 Conference on International Aspects of IP Law. The conference will explore new and important topics in the cross-border aspects of intellectual property law. We seek the widest participation from scholars and practitioners as speakers as well as attendees. Presentation topics may include, among others, world trade treaties and IP; economics and politics of cross-border trade in IP; extraterritoriality of IP laws; comparative IP law; regional IP institutions; world public health and IP; IP and the Internet; and technological innovation and global IP law.

HOW TO SUBMIT PROPOSALS: You may propose a fully-formed panel or roundtable session, or an individual paper to be presented in a panel formed by the conference organizer. All sessions will be held on Saturday, December 1, 2012, between 9am and 5pm. All participants, whether speaking or attending, are required to register for the conference. The registration fee will be $75 (nonrefundable) with waivers available for participants from developing countries. Participants may obtain Arizona CLE credit for an additional $75. Upon acceptance of your proposal, you will receive a formal letter of invitation for funding purposes.

If you intend to organize a fully-formed panel or roundtable, please include all of the following information in your email: (1) the title and a brief description (up to 150 words) of the panel or roundtable topic; (2) the name, title, affiliation, and email address of each proposed participant; (3) identify a chairperson; and (4) state whether an audiovisual projector is desired.

If you wish to present a paper, please include the following information in your email: (1) your name, title and affiliation; (2) the title and abstract (up to 250 words) of your paper topic; and (3) state whether an audiovisual projector is desired. If your proposal is accepted, the conference organizer will designate a panel for you.

Send proposals for panels, roundtables, or papers by the submission deadline, March 15, 2012, to:

Prof. Aaron Fellmeth


New Issue: International Legal Materials

The latest issue of International Legal Materials (Vol. 50, no. 5, September 2011) is out. Contents include:
  • Documents on Libya, with introductory note by John Cerone
  • International Criminal Tribunal for the former Yugoslavia: Prosecutor v. Gotovina, Functional Immunity, with introductory note by Bruce Zagaris
  • European Court of Human Rights: Lautsi & Others v. Italy, with introductory note by Christiane Bourloyannis-Vrailas
  • Executive Order 13567: Periodic Review of Individuals Detained at Guantánamo Bay Naval Station & Accompanying Presidential Fact Sheet, with introductory note by Dick Jackson

New Issue: Global Policy

The latest issue of Global Policy (Vol. 3, no. 1, February 2012) is out. Contents include:
  • Research Articles
    • Jean-Philippe Thérien, The United Nations and Human Development: From Ideology to Global Policies
    • Richard Kozul-Wright, Piergiuseppe Fortunato & Igor Paunovic, Rebuilding Haiti: Lessons from Post-Conflict Experiences
    • Ayse Kaya, Conflicted Principals, Uncertain Agency: The International Monetary Fund and the Great Recession
    • Mary Martin, Conflicted Corporates: Rethinking the Role of Business in Global Security
    • Max Stephenson Jr & Laura Zanotti, Implementing the Liberal Peace in Post-conflict Scenarios: The Case of Women in Black-Serbia
  • Special Section - The Governance of the Global Commons
    • Klaus Dodds, Introduction - The Governance of the Global Commons: Much Unfinished Business?
    • John Vogler, Global Commons Revisited
    • Joan Johnson-Freese & Brian Weeden, Application of Ostrom’s Principles for Sustainable Governance of Common-Pool Resources to Near-Earth Orbit
    • J. Ashley Roach, The Central Arctic Ocean: Another Global Commons
  • Survey Articles
    • Amitai Etzioni, The Case for Decoupled Armed Interventions
    • Peter M. Haas, The Political Economy of Ecology: Prospects for Transforming the World Economy at Rio Plus 20
    • Ross P. Buckley, Reforming the International Monetary Fund
  • Practitioner Commentaries
    • Braz Baracuhy, Running into a Brick Wall: The WTO Doha Round, Governance Gap and Geopolitical Risks
    • Sudip Banerjee, Going Green in IT
    • Toni Muzi Falconi, From ‘Public’ to ‘Stakeholder Relationships’: A Challenge to Governance in Organisations
  • Response to Article
    • Kishore Mahbubani, The OECD: A Classic Sunset Organisation
  • Review Essay
    • Francesca Klug, The Last Utopia

Sunday, January 29, 2012

New Issue: Journal of World Trade

The latest issue of the Journal of World Trade (Vol. 46, no. 1, February 2012) is out. Contents include:
  • Eckart Guth, The End of the Bananas Saga
  • Sangeeta Khorana, May T. Yeung, William A. Kerr, & Nick Perdikis, The Battle over the EU’s Proposed Humanitarian Trade Preferences for Pakistan: A Case Study in Multifaceted Protectionism
  • Stefaan Depypere, More Efficient Policies to Combat Trade Distortions: How Quality Management Programmes Can Help Rationalize the Use of Trade Defence Instruments
  • Leon E. Trakman, Investor State Arbitration or Local Courts: Will Australia Set a New Trend?
  • Gonzalo Villalta Puig & Amer Al-KhodiryThe Economic and Monetary Union of the Gulf Cooperation Council
  • Ping Xiong, Patents in TRIPS-Plus Provisions and the Approaches to Interpretation of Free Trade Agreements and TRIPS: Do They Affect Public Health?
  • Jørgen Ulff-Møller Nielsen & Gert Tinggaard Svendsen, EU Lobbying and Anti-Dumping Policy