The purpose of this book is to find a unified approach to the doctrine of mens rea in the sphere of international criminal law, based on an in-depth comparative analysis of different legal systems and the jurisprudence of international criminal tribunals since Nuremberg. Part I examines the concept of mens rea in common and continental legal systems, as well as its counterpart in Islamic Shari'a law. Part II looks at the jurisprudence of the post-Second World War trials, the work of the International Law Commission and the concept of genocidal intent in light of the travaux préparatoires of the 1948 Genocide Convention. Further chapters are devoted to a discussion of the boundaries of mens rea in the jurisprudence of the International Criminal Tribunals for the former Yugoslavia and Rwanda. The final chapter examines the definition of the mental element as provided for in Article 30 of the Statute of the International Criminal Court in light of the recent decisions delivered by the International Criminal Court.
The study also examines the general principles that underlie the various approaches to the mental elements of crimes as well as the subjective element required in perpetration and participation in crimes and the interrelation between mistake of law and mistake of fact with the subjective element.
Saturday, February 2, 2013
Friday, February 1, 2013
The scarcity of resources, whether food, water, fuel sources, or clean air, may be a defining reality for global policy in the years to come. By bringing together leading policy makers and legal scholars, conference organizers intend for the forum to serve as a foundation for future scholarship on the role of international law in scarcity issues. The keynote speaker will be Ertharin Cousin, United Nations World Food Programme executive director and 1982 Georgia Law alumna. Among the issues to be addressed are: how best to conceptualize scarcity, the regulation of scarcity and its potential impacts, and how to work forward in addressing the problem from the current available solutions
Since the adoption of the Rome Statute of the International Criminal Court in 1998, international criminal law has rapidly grown in importance. This three-volume Treatise on International Criminal Law presents a foundational, systematic, consistent and comprehensive analysis of international criminal law. Taking into account the scholarly literature, not only sources written in English but also in French, German, Italian, Portuguese, and Spanish, the book draws on the author's extensive academic and practical work in international criminal law.
This first volume addresses the foundations of international criminal law and the emerging general principles. It examines the history of the discipline and the concepts behind it. Looking at the sources of international criminal law, the book then moves to investigate the general structure of crime in international criminal law, and to address in detail the role played by the concept of individual criminal responsibility. The subjective requirements of criminal responsibility are examined, and also those defences that exclude such responsibility.
The full three-volume treatise will address the entirety of international criminal law, re-stating and re-examining the fundamental principles upon which it rests, the manner it is enacted, and the key issues that are shaping its future. It will be essential reading for practitioners, scholars, and students of international criminal law alike.
- Gustavo Arosemena, Conflicts of rights in international human rights: A meta-rule analysis
- Andreas Follesdal, The principle of subsidiarity as a constitutional principle in international law
- Jessica C. Lawrence, Contesting constitutionalism: Constitutional discourse at the WTO
- Lars Vinx, Carl Schmitt and the analogy between constitutional and international law: Are constitutional and international law inherently political?
- Anja Wiesbrock, The self-perpetuation of EU constitutionalism in the area of free movement of persons: Virtuous or vicious cycle?
- Mindy Chen-Wishart, Legal Transplant and Undue Influence: Lost in Translation or a Working Misunderstanding?
- Margot E. Salomon, From NIEO to Now and the Unfinishable Story of Economic Justice
- Janina Boughey, Administrative Law: The Next Frontier for Comparative Law
- Dimitry Kochenov, The Essence of EU Citizenship Emerging from the Last Ten Years of Academic Debate: Beyond the Cherry Blossoms and the Moon?
- Qisheng He, Reconstruction of Lex Personalis in China
- Shorter Articles
- Geir Ulfstein & Hege Føsund Christiansen, The Legality of the NATO Bombing in Libya
- Uglješa Grušić, Should the Connecting Factor of the 'Engaging Place of Business' Be Abolished in European Private International Law?
- Nina Schrepfer, Addressing Internal Displacement through National Laws and Policies: A Plea for a Promising Means of Protection
- Mariagiulia Giuffré, State Responsibility Beyond Borders: What Legal Basis for Italy’s Push-backs to Libya?
- Mary Crock, Christine Ernst, & Ron McCallum, Where Disability and Displacement Intersect: Asylum Seekers and Refugees with Disabilities
- Jonah Eaton, The Internal Protection Alternative Under European Union Law: Examining the Recast Qualification Directive
- Andrew Wolman, North Korean Asylum Seekers and Dual Nationality
- Janna Wessels, HJ (Iran) and HT (Cameroon) – Reflections on a new test for sexuality-based asylum claims in Britain
Thursday, January 31, 2013
Questa raccolta di studi vuole celebrare i 15 anni di attività del Dottorato di ricerca in Diritto internazionale e diritto interno in materia internazionale. Istituito nel 1995 nell’Università degli Studi di Salerno, ha concluso nel 2010 l’originario iter tematica e metodologico poiché è confluito — con la denominazione PESPECO — nella Scuola dottorale Gian Battista Vico della stessa Università. La struttura e l’impostazione della raccolta rispondono al carattere bicefalo del Progetto dottorale, connotato da due approcci diversi, quello ‘internazionalistico’ e quello ‘internistico’, convergenti nell’attività di analisi dello stesso fenomeno: il processo di globalizzazione e i cambiamenti nei rapporti tra ordinamenti giuridici.
This collection of essays celebrates 15 years of the PhD in international law and national law in international matters. Established in 1995 at the University of Salerno, the doctorate concluded the original thematic and methodological process in 2010 when it merged — under the name PESPECO — into the University’s Gian Battista Vico Graduate School. The structure of the collection corresponds to the dual nature of the doctoral project that is characterized by two different approaches, the 'internationalist' and the ’nationalist’, converging in the analyses of the same phenomenon, namely, the globalization process and changes in the relationships between legal orders.
Investment protection treaties generally provide for the obligation to treat investments fairly and equitably, even if the wording of the rule and its relationship with the customary international standard may differ. The open-textured nature of the rule, the ambiguous relationship between the vague treaty and equally vague customary rules, and States' interpretations of the content and relationship of both rules (not to mention the frequency of successful invocation by investors) make this issue one of the most controversial aspect of investment protection law.
This monograph engages in a comprehensive analysis of the relationship between the international minimum standard and fair and equitable treatment. It provides an original argument about the historical development of the international standard, a normative rationale for reading it into the treaty rules of fair and equitable treatment, and a coherent methodology for establishing the content of this standard.
The first part of this book untangles the history of both the international minimum standard and fair and equitable treatment. The second part addresses the normative framework within which the contemporary debate takes place. After an exhaustive review of all relevant sources, it is argued that the most persuasive reading of fair and equitable treatment is that it always makes a reference to customary law. The third part of the book builds on the historical analysis and the normative framework, explaining the content of the contemporary standard by careful comparative human rights analysis.
Seminar: Interfaces between International and National Legal Orders: An International Rule of Law Perspective
The seminar explores the evolving interfaces between international and national legal orders from the perspective of the international rule of law.
Interfaces between international and national legal orders
The interfaces between international and national legal orders are the points where the actors, norms and procedures which form and maintain the two legal orders interact with one another. International scholarship has produced extensive studies to capture the inter-order interfaces primarily from the perspective of national rule of law. Much less recognised is the international perspective, namely, the impact of national law on the rule of law within the international legal order.
Aims of the seminar
The seminar will explore how the national rule of law and the national reception of international law influence and develop the international rule of law, particularly from the following three angles:
- The concept of the international rule of law
- The development of the international rule of law through national practices
- Universality, certainty and diversity in the international rule of law
- Jonas Rosengren, Contract Interpretation in International Arbitration
- William Kirtley & Koralie Wietrzykowski, Should an Arbitral Tribunal Order Security for Costs When an Impecunious Claimant Is Relying upon Third-Party Funding?
- Markus Petsche, Punitive Damages in International Commercial Arbitration: A Conflict of Laws Lesson
- Leonardo V. P. de Oliveira & Isabel Miranda, International Public Policy and Recognition and Enforcement of Foreign Arbitral Awards in Brazil
- Fatma Salah, Extension of Petroleum Arbitration Agreements to Non-signatories in Egypt
Al mismo tiempo que el cambio climático se muestra como uno de los mayores desafíos actuales para la comunidad internacional, su alto grado de complejidad hace que la creación de un marco regulador internacional para afrontar este problema sea todavía más difícil de conseguir. Ante estas dificultades y complejidades, el Derecho no podría quedarse al margen y ha tratado de ofrecer un régimen jurídico internacional para combatir las consecuencias del cambio climático. El presente libro tiene como objetivo principal analizar el marco regulatorio internacional del cambio climático y sus principales instrumentos desde una perspectiva para la construcción del medio ambiente sostenible para las generaciones presentes y futuras.
Many foreign investment disputes include important disagreements on the question of applicable law. Though treaty text, passed decisions, and academic commentary are all relevant to the question, there remains considerable uncertainty on the question of how a tribunal should decide what law applies. The dominant approach distinguishes situations in which relevant treaty text provides for party autonomy with respect to choice of law (e.g., ICSID) and those in which no such choice of choice is invited (e.g., NAFTA). It is commonly thought that the parties have greater power to choose the applicable law in the former case than in the latter. This article demonstrates that the distinction between these two situations is illusory. The degree of party autonomy is virtually identical in the two situations. The real question for a tribunal is to determine which choices are at the free disposition of the parties and which are, instead mandatory.
Wednesday, January 30, 2013
The IBA Rules are the most common feature of international arbitration around the world, yet so far little work has been done exploring the Rules themselves. In this practical guide, Peter Ashford combines a detailed discussion of the Rules and the commentary from the Drafting Committee with a tabular view of the interaction between the Rules and those of the main arbitration institutions. Written by a respected and experienced arbitration practitioner, the guide conveniently brings into one place materials that will assist in the practical application of the IBA Rules. This contribution to an under-covered area of international arbitration provides an invaluable handbook for arbitration practitioners in law firms, chambers, and general or in-house counsel in large corporations.
- Matthew Watson, The eighteenth-century historiographic tradition and contemporary ‘Everyday IPE’
- Jean-François Drole, Nietzsche, Kant, the democratic state, and war
- Wanda Vrasti, Universal but not truly ‘global’: governmentality, economic liberalism, and the international
- Steven Slaughter, The prospects of deliberative global governance in the G20: legitimacy, accountability, and public contestation
- Christine Cubitt, Responsible reconstruction after war: meeting local needs for building peace
- Jeremy Moses, Sovereignty as irresponsibility? A Realist critique of the Responsibility to Protect
- Mai'a K. Davis Cross, Rethinking epistemic communities twenty years later
- Andreas Bieler, The EU, Global Europe, and processes of uneven and combined development: the problem of transnational labour solidarity
- Ali Bilgic, Towards a new societal security dilemma: comprehensive analysis of actor responsibility in intersocietal conflicts
- Quddus Z. Snyder, Integrating rising powers: liberal systemic theory and the mechanism of competition
Traditionally used by States in armed conflicts, as an alternative to strictly military means, embargoes and international sanctions are now very frequently implemented in peacetime. Apart from the case of measures decided by the UN Security Council, sanctions are enacted today by regional organizations (for instance the European Union) as well as by States acting unilaterally (e.g. the United States), and their purposes are varied : struggle against the proliferation of weapons of mass destruction, against terrorism, punition of States deemed responsible of violations of human rights, etc. Their legitimacy is frequently called into question, and their implementation raises major issues, which may be apprehended either from the viewpoint of international law, or of the study of international relations. This symposium aims at providing a forum to international experts of these two fields of research, who will try to discern the major axes of the legal as well as the geopolitical problems related to the contemporary practice of sanctions and embargoes.
Tuesday, January 29, 2013
- Symposium: Conflicts of Interest: Resolving Differences in Global Legal Norms
- Elizabeth K. Spahn, Multijurisdictional Bribery Law Enforcement: The OECD Anti-Bribery Convention
- Paul B. Stephan, Regulatory Competition and Anticorruption Law
- David A. Anderson, Transnational Libel
- Mark D. Rosen, The SPEECH Act’s Unfortunate Parochialism: Of Libel Tourism and Legitimate Pluralism
- Roger P. Alford, Ancillary Discovery to Prove Denial of Justice
- Donald Earl Childress III, Forum Conveniens: The Search for a Convenient Forum in Transnational Cases
- Peter B. Rutledge, Toward a Functional Approach to Sovereign Equality
“Human Security” is a concept which is increasingly impacting economic, social and political policies. Yet, as one legal scholar notes: [d]espite its relevance to central questions of international law, human security has until very recently received little attention from international lawyers.” [Tigerstrom, Barbara, Human Security and International Law: Prospects and Problems, Hart Publishing (2007)]. This year’s ILW-West Conference addresses the critical question: “What does “Human Security” mean for international law as the 21st Century progresses”? During this year’s ILW-West Conference, distinguished international law scholars and practitioners will discuss the importance and the role of “Human Security” as it relates to international environmental law, trade, human rights and international criminal law.
- Robert Kolb, Reflexions sur l'évolution du droit international public 'européen'
- Christian Arnold, Die Gerichtsstandsklausel in den AGB von Facebook aus schweizerischer Sicht
- Niklaus Meier, Auslegungseinheit von LugÜ und EuGVVO – unter besonderer Berücksichtigung der Schweizer Beteiligung am Vorabentscheidungsverfahren vor dem EuGH
- Christine Kaddous & Christa Tobler, Droit européen: Suisse – Union européenne; Europarecht: Schweiz – Europäische Union
- Laurent Killias, Rechtsprechung zum Lugano-Übereinkommen (2011)
- Henrik Jorem, Protecting Human Rights in Cases of Urgency: Interim Measures and the Right of Individual Application under Article 34 ECHR
- Vebjørn L Horsfjord, The Russian Orthodox Church: Two Discourses on Human Rights
- Peter Scharff Smith, Imprisonment and Internet-Access - Human Rights, the Principle of Normalization and the Question of Prisoners Access to Digital Communications Technology
- Sindre Bangstad, Failing to Protect Minorities Against Racist and/or Discriminatory Speech? - The Case of Norway and § 135(a) of The Norwegian General Penal Code
Monday, January 28, 2013
- Sophie Meunier, The dog that did not bark: Anti-Americanism and the 2008 financial crisis in Europe
- Emmanuel Frot & Javier Santiso, Political uncertainty and portfolio managers in emerging economies
- Leonhard Dobusch & Sigrid Quack, Framing standards, mobilizing users: Copyright versus fair use in transnational regulation
- Hélène Pellerin & Beverley Mullings, The ‘Diaspora option’, migration and the changing political economy of development
- Anne Roemer-Mahler, Business conflict and global politics: The pharmaceutical industry and the global protection of intellectual property rights
- Ben Selwyn, The global retail revolution, fruiticulture and economic development in north-east Brazil
- Miguel Otero-Iglesias & Federico Steinberg, Reframing the euro vs. dollar debate through the perceptions of financial elites in key dollar-holding countries
- Valbona Muzaka, Contradictions, frames and reproductions: The emergence of the WIPO Development Agenda
- Malcolm Langford & Sakiko Fukuda-Parr, The Turn to Metrics
- Polly Vizard, Evaluating Compliance Using Quantitative Methods and Indicators - Lessons from the Human Rights Measurement Framework
- Jody Heymann, Magda Barrera, Nicolas de Guzman Chorny, Amy Raub & Ilona Vincent, From Human Rights Agreements to National Change - Illustrating a More Transparent Approach to Accountability
- Susan Randolph & Patrick Guyer, Tracking the Historical Evolution of States' Compliance with their Economic and Social Rights Obligations of Result - Insights from the Historical SERF Index
- Allison Corkery & Sally-Anne Way, Integrating Quantitative and Qualitative Tools to Monitor the Obligation to Fulfil Economic, Social and Cultural Rights: the OPERA Framework
- Alicia Ely Yamin & Kathryn L Falb, Counting What We Know; Knowing What to Count - Sexual and Reproductive Rights, Maternal Health, and the Millennium Development Goals
- Courtney Jung & Evan Rosevear, Economic and Social Rights Across Time, Regions, and Legal Traditions: - A Preliminary Analysis of the TIESR Dataset
EDINBURGH LAW SCHOOL
PHD SYMPOSIUM IN INTERNATIONAL LAW 2013
Regime Interactions in Public International Law
Call for papers
The International Law Discussion Group of the University of Edinburgh, School of Law, is launching a call for papers for its biennial spring Doctoral Symposium to take place on 17-18 June 2013. The event will be dedicated to the topic of ‘Regime Interactions’. Doctoral students and early career researchers are especially welcome to submit abstracts.
Today, the decentralized character of international law, together with the notion of functional specialization of its institutions, has resulted in the multiplication of specialized regimes governing almost all vital fields. This happens, for example, in trade law, law of the sea, human rights law, environmental law, humanitarian law, criminal law, etc.. The interactions among these specialized regimes have raised much debate in the academic community under different theoretical perspectives (e.g. M. Young (ed.), Regime Interactions, Cambridge University Press, 2011). The purpose of this symposium is to make a further contribution to understanding the role of regimes and their interaction in the international legal system.
Interactions take place both horizontally, between regimes with distinct but overlapping objectives, as well as vertically, between global and regional regimes dealing with the same subject. Such interconnections have the potential to affect the rights and obligation of states involved, creating legal uncertainty in international law if not properly addressed. The complexity of the legal framework can also undermine the effectiveness of regimes in achieving their goals. An understanding of how regimes interact on the fragmented international plane holds a key to a more complete perspective of contemporary international law. In particular, papers will be welcome addressing the one or more of following themes:
1) Theoretical aspects of regime interaction;
2) Interaction of law-making processes;
3) Regulation and control of regime interactions through the implementation of international law;
4) Management of interactions by courts and tribunals through interpretation and application of the law;
5) The impact of multiple regimes on the effectiveness of international law.
The International Law Discussion Group is looking forward to sharing ideas and experiences among the doctoral and early career research community. Different panels will be set up according to the themes and papers received. Each panel will be organized in an interactive discursive manner and will be chaired by academic member of staff, both internal and external to the Edinburgh School of Law. The organizers will provide information about suitable accommodation, but participants are expected to cover their own travel and accommodation costs.
The selection process will consist of the following stages:
a) Abstracts of a maximum of 250 words to be submitted by 1 March 2013 to firstname.lastname@example.org;
b) Selected participants will be notified by 15 March 2013;
c) Final papers should be submitted by 15 May 2013.
Sunday, January 27, 2013
Although U.S. federal courts across the country are seeing an ever-increasing number of cases associated with international commercial arbitration, few judges are familiar with this unique and complicated area of law. This guide offers judges a useful framework for analysis of matters relating to international commercial arbitration by providing a succinct and practical overview of the field as well as a specific, motion-by-motion discussion of the kinds of issues that commonly arise in U.S. courts. In so doing, the guide discusses the use and purpose of international treaties and foreign and domestic case law as well as the relevance of arbitral awards and arbitral rules. The discussion also provides information on where to find additional source material in this important and rapidly changing area of law.
The quarterly journal, Transnational Legal Theory is soliciting submissions for a Symposium on William Twining's Montesquieu Lecture on "Globalisation and Legal Scholarship".
World-renowned legal scholar, Professor William Twining, delivered the 2011 Montesquieu Lecture at Tilburg University Law School. The lecture was published as a hardbound book and is also available in PDF here.
TLT will publish responses to and engagements with Professor Twining's inspiring lecture in its Summer 2013 issue. Submissions can take the form of essays, review articles or small scholarly papers, but should in no case exceed the length of 5.000 - 6.000 words, including footnotes. The journal is anonymously peer-reviewed.
Interested contributors are invited to send a working title and short abstract to PZumbansen@osgoode.yorku.ca or to email@example.com by 28 February 2013 in order to allow for the drafting of a provisional table of contents for the symposium issue. All final submissions are due by 15 April 2013.
- Phillip Stalley, Forum: Principled Strategy: The Role of Equity Norms in China's Climate Change Diplomacy
- Paul G. Harris & Jonathan Symons, Norm Conflict in Climate Governance: Greenhouse Gas Accounting and the Problem of Consumption
- Kathryn Hochstetler, South-South Trade and the Environment: A Brazilian Case Study
- David Ciplet, J. Timmons Roberts, & Mizan Khan, The Politics of International Climate Adaptation Funding: Justice and Divisions in the Greenhouse
- Judith van Leeuwen & Kristine Kern, The External Dimension of European Union Marine Governance: Institutional Interplay between the EU and the International Maritime Organization
- Thomas Bernauer, Tobias Böhmelt, & Vally Koubi, Is There a Democracy–Civil Society Paradox in Global Environmental Governance?
- Taedong Lee, Global Cities and Transnational Climate Change Networks