In recent years, economic sanctions have evolved significantly to keep pace with new technologies and strengthened global economic links. Formerly, the use of sanctions was often focused on trade in goods; however, as new methods of evading trade sanctions have developed and as capital has become more mobile, governments have increasingly targeted international financial transactions and flows, perhaps best exemplified by recent U.S. sanctions against Iran. In addition, enhanced coordination among the United States, European Union, and United Nations has produced a thorough multilateral network of sanctions, notwithstanding occasional blind spots. Partially as a result of these developments, economic sanctions are a more robust tool for policymakers today than in the past.
The Symposium will feature a keynote speech by Assistant Secretary for Terrorist Financing Daniel Glaser from the U.S. Department of the Treasury. There will also be four panels on: the legal basis and technical operation of financial sanctions; the significant legal and economic impacts of these sanctions on targeted activities; coordination as well as incongruity among U.S., EU, and UN sanctions programs; and a survey of other legal, political, and humanitarian issues raised by sanctions, especially in light of recent programs targeting Iran, Syria, North Korea, and other countries.
Saturday, February 9, 2013
Friday, February 8, 2013
- Global Insights
- Christer Jönsson, The John Holmes Memorial Lecture: International Organizations at the Moving Public-Private Borderline
- Nadine Ansorg, Felix Haass, & Julia Strasheim, Institutions for Sustainable Peace: From Research Gaps to New Frontiers
- Special Focus: Regime Complexity
- Amandine Orsini, Jean-Frédéric Morin, and Oran Young, Regime Complexes: A Buzz, A Boom, or a Boost for Global Governance?
- Jean-Frédéric Morin & Amandine Orsini, Regime Complexity and Policy Coherency: Introducing a Co-adjustments Model
- Matias E. Margulis, The Regime Complex for Food Security: Implications for the Global Hunger Challenge
- Alexander Betts, Regime Complexity and International Organizations: UNHCR as a Challenged Institution
- Dries Lesage & Thijs Van de Graaf, Thriving in Complexity? The OECD System’s Role in Energy and Taxation
- Michael J. Struett, Mark T. Nance, & Diane Armstrong, Navigating the Maritime Piracy Regime Complex
- Fariborz Zelli, Aarti Gupta, & Harro van Asselt, Institutional Interactions at the Crossroads of Trade and Environment: The Dominance of Liberal Environmentalism?
- Thomas Gehring & Benjamin Faude, The Dynamics of Regime Complexes: Microfoundations and Systemic Effects
- Book Review
- Matthew T. Klick, Adekeye Adebajo’s UN Peacekeeping in Africa: Lessons Learned or Conundrums Unearthed?
Why did the nation-state emerge and proliferate across the globe? How is this process related to the wars fought in the modern era? Analyzing datasets that cover the entire world over long stretches of time, Andreas Wimmer focuses on changing configurations of power and legitimacy to answer these questions. The nationalist ideal of self-rule gradually diffused over the world and delegitimized empire after empire. Nationalists created nation-states wherever the power configuration favored them, often at the end of prolonged wars of secession. The elites of many of these new states were institutionally too weak for nation-building and favored their own ethnic communities. Ethnic rebels challenged such exclusionary power structures in violation of the principles of self-rule, and neighboring governments sometimes intervened into these struggles over the state. 'Waves of War' demonstrates why nation-state formation and ethnic politics are crucial to understand the civil and international wars of the past 200 years.
The primary focus of this paper is on the legal implications of the geographical disjunction between the location of drone strikes and the primary battlefields for the application of international humanitarian law.
Fidler: Internet Governance and International Law: The Controversy Concerning Revision of the International Telecommunication Regulations
Spätestens seit den Anschlägen des 11. September 2001 praktizieren einige Staaten weltweit gezielte Tötungen wirklicher oder vermeintlicher Terroristen. Diese nicht nur von Menschenrechtsorganisationen als 'Hinrichtungen ohne Strafurteil' kritisierte Praxis wirft zahlreiche völkerrechtliche Fragen auf. Martin Felix Höfer betritt mit eigenen Lösungsansätzen in vielen Punkten Neuland, um drängende Fragen zum ius ad bellum und ius in bello zu beantworten. Besonderes Augenmerk legt er nicht nur auf das Neutralitätsrecht, sondern auch auf traditionelles Gewohnheitsrecht, das trotz der Kodifizierung humanitärrechtlicher Regelungen weiterhin Geltung beanspruchen kann. Dabei ist seine Argumentation weder realitätsblind noch völkerrechtsnihilistisch. Anhand der herausgearbeiteten Grundsätze nimmt der Autor abschließend eine Bewertung des wohl prominentesten Beispiels gezielter Tötung vor: Der Liquidierung Osama bin Ladens.
Thursday, February 7, 2013
Langford, Vandenhole, Scheinin, & van Genugten: Global Justice, State Duties: The Extraterritorial Scope of Economic, Social, and Cultural Rights in International Law
The rise of globalization and the persistence of global poverty are straining the territorial paradigm of human rights. This book asks if states possess extraterritorial obligations under existing international human rights law to respect and ensure economic, social and cultural rights and how far those duties extend. Taking a departure point in theory and practice, the book is the first of its kind to analyze the principal cross-cutting legal issues at stake: the legal status of obligations, jurisdiction, causation, division of responsibility, and remedies and accountability. The book focuses specifically on the role of states but also addresses their duties to regulate powerful nonstate actors. The authors demonstrate that many key issues have been resolved or clarified in international law while others remain controversial or await the development of further practice, particularly the scope of jurisdiction and the quantitative dimension of extraterritorial obligations to fulfil.
- Special Issue: Transitional Justice and the Everyday
- Juliane Okot Bitek A Chronology of Compassion, or Towards an Imperfect Future
- Victor Igreja, Multiple Temporalities in Indigenous Justice and Healing Practices in Mozambique
- Ari Edward Gandsman, Retributive Justice, Public Intimacies and the Micropolitics of the Restitution of Kidnapped Children of the Disappeared in Argentina
- Kris Brown, ‘What It Was Like to Live through a Day’: Transitional Justice and the Memory of the Everyday in a Divided Society
- Estela Schindel, ‘Now the Neighbors Lose Their Fear’: Restoring the Social Network around Former Sites of Terror in Argentina
- Caterina Di Pasquale, Massacre, Trial and ‘Choral Memory’ in Sant’Anna di Stazzema, Italy (1944–2005)
- Marita Eastmond & Johanna Mannergren Selimovic, Silence as Possibility in Postwar Everyday Life
- Juan Diego Prieto, Together after War While the War Goes On: Victims, Ex-Combatants and Communities in Three Colombian Cities
- Gabriel Ruiz Romero, Voices Around Us: Memory and Community Empowerment in Reconstruction Efforts in Colombia
Dunoff & Pollack: Interdisciplinary Perspectives on International Law and International Relations: The State of the Art
Interdisciplinary Perspectives on International Law and International Relations: The State of the Art brings together the most influential contemporary writers in the fields of international law and international relations to take stock of what we know about the making, interpretation and enforcement of international law. The contributions to this volume critically explore what recent interdisciplinary work reveals about the design and workings of international institutions, the various roles played by international and domestic courts, and the factors that enhance compliance with international law. The volume also explores how interdisciplinary work has advanced theoretical understandings of the causes and consequences of the increased legalization of international affairs.
Für die Luzerner Tagung wurden zwei Schwerpunkte gewählt. Unter dem Titel „Internationales, nationales und privates Recht: Hybridisierung der Rechtsordnungen?“ sollen Disziplinen und Methoden ausgelotet werden, die zur „Raison d’être“ der Deutschen Gesellschaft für Internationales Recht gehören. Moderne Aspekte des Zusammenfliessens von traditionellen Fachbereichen stehen im Vordergrund. Ebenso zeitgemäss ist der zweite Tagungsgegenstand, in dem sich Vorträge und Aussprachen mit dem Thema der „Immunität“ aus verschiedenen Gesichtspunkten befassen. Auch hier wird versucht, völkerrechtliche und privatrechtliche Elemente unserer Disziplinen miteinander zu verbinden.
Wednesday, February 6, 2013
Koch, König, Sanden & Verheyen: Climate Change and Environmental Hazards Related to Shipping: An International Legal Framework
In Climate Change and Environmental Hazards Related to Shipping Hans-Joachim Koch, Doris König, Joachim Sanden and Roda Verheyen provide an edited overview on the recent discussions regarding legal questions of tackling climate change, and the legal instruments related to environmental problems caused by international shipping. An esteemed international group of authors make important contributions to the legal challenges in international, European and domestic law. Focal points are multilateral environmental agreements and the law of the sea as well as the potential contributions by municipalities.
- J. Ashley Roach, Maritime Boundary Delimitation: United States Practice
- Suzanne Lalonde & Frédéric Lasserre, The Position of the United States on the Northwest Passage: Is the Fear of Creating a Precedent Warranted?
- Ling Zhu, Bingying Dong & Kevin X. Li, Compensation for Oil Pollution Damage from Ships in China: A Way Toward International Standards
- Mariano J. Aznar & Ole Varmer, The Titanic as Underwater Cultural Heritage: Challenges to its Legal International Protection
- Chi Manjiao, A Note on China's Legal and Operational Responses to International Piracy
This volume is the first in a new series of Studies on the Frontiers of International Law. The term ‘frontier’ is traditionally associated with proximity to a boundary or a demarcation line. But it is also a connecting point, i.e., a passage or channel between spaces that are usually considered as separate entities. The Series aims to explore the visible and imaginary boundaries of scholarship in International Law. It is designed to test the existing table of contents, vocabulary and limits of ‘Public International Law’, to investigate lines and linkages between ‘centre’ and ‘periphery’, and to re-map or re-think some of its conceptual boundaries.
The current volume is written in this spirit. It deals with the tension between unity and diversification which has gained a central place in the debate under the label of ‘fragmentation’. It explores the meaning, articulation and risks of this phenomenon in a specific area: International Criminal Justice. It brings together established and fresh voices who analyse different sites and contestations of this concept, as well as its context and specific manifestations in the interpretation and application of International Criminal Law. The volume thereby connects discourse on ‘fragmentation’ with broader inquiry on the merits and discontents of legal pluralism in ‘Public International Law’.
- Jean d'Aspremont & Larissa van den Herik, The Public Good of Academic Publishing in International Law
- Research Articles
- David Kennedy, Law and the Political Economy of the World
- Armin von Bogdandy & Ingo Venzke, On the Functions of International Courts: An Appraisal in Light of Their Burgeoning Public Authority
- International Law and Practice
- Cedric Ryngaert, Embassy Bank Accounts and State Immunity from Execution: Doing Justice to the Financial Interests of Creditors
Hague International Tribunals
- Alexander Orakhelashvili, The Classification of International Legal Rules: A Reply to Stefan Talmon
- Matteo Sarzo, The Dark Side of Immunity: Is There Any Individual Right for Activities Jure Imperii?
- International Criminal Courts and Tribunals
- Darryl Robinson, A Cosmopolitan Liberal Account of International Criminal Law
- Kirsten Campbell, The Making of Global Legal Culture and International Criminal Law
- Joris van Wijk, When International Criminal Justice Collides with Principles of International Protection: Assessing the Consequences of ICC Witnesses Seeking Asylum, Defendants Being Acquitted, and Convicted Being Released
The 1982 Law of the Sea Convention at 30: Successes, Challenges and New Agendas offers twenty essays by renowned Law of the Sea scholars, published to mark the 30th Anniversary of the adoption of the 1982 UN Convention on the Law of the Sea. The book highlights some of the strengths of the legal regime established by the Convention, and reviews some of the more significant lacunae in the Convention regime. Recognizing the significant changes that have taken place in scientific knowledge and political agendas in the thirty years since 1982, it reviews the challenges that these new agendas pose to the Convention regime.
Tuesday, February 5, 2013
- Jane Kloeckner, The power of eco-labels: Communicating climate change using carbon footprint labels consistent with international trade regimes under the WTO
- Thomas A. Martin, Traditional commercial model or distributed generation? Finding the proper scale for wind energy
- Stefan E. Weishaar & Edwin Woerdman, Auctioning EU ETS allowances: An assessment of market manipulation from the perspective of Law and Economics
- Gudo Borger, All things not being equal: Aviation in the EU ETS
- Michael MacLennan & Leisa Perch, Environmental justice in Latin America and the Caribbean: Legal empowerment of the poor in the context of climate change
Since the second edition of this commentary on the Charter of the United Nations was published, the text of the Charter may not have changed but the world has. The wars in Iraq and Afghanistan have had a lasting impact on international law and the Commentary has been fully updated to take their impact into account. The new edition has been completely revised and features a completely new chapter on UN reform, analyzing the effect of reforms which have already been implemented and examining why other proposals for reform have failed. It will assess how these proposals could be improved, with a particular focus on the Security Council. This new edition also includes coverage of the creation of the Human Rights Council and the impact of the Responsibility to Protect doctrine.
Hague Academy of International Law: Le 90e anniversaire de Boutros Boutros-Ghali - Hommage du Curatorium à son Président
Law can no longer be viewed through a purely national lens. Transnational legal ordering affects the boundary of the state and the market, the allocation of power among national institutions, the role of professions and their expertise, and associational patterns that provide new normative frames. This book breaks new ground for understanding the impacts of transnational legal ordering within nation-states in today's globalized world. The book addresses the different dimensions of state change at stake and the factors that determine these impacts. It brings together leading scholars from sociology and law who study the effects of transnational legal ordering within different countries. Their case studies illustrate how transnational legal ordering interacts with national law and institutions in different regulatory areas, and cover anti-money laundering, bankruptcy, competition, education, intellectual property, health, and municipal water law and policy in different countries. The book explains the extent and limits of transnational legal ordering in today's world.
An increasing number of international trade disputes are settled through the WTO dispute settlement (DS) procedure. In parallel, an increasing number of international investment disputes are settled through investor-host state arbitration procedure. What does "transparency" mean in the context of international trade and investment dispute settlement? Why is enhanced transparency demanded? To what extent and in what manner should these dispute settlement procedures be transparent? The book addresses these issues of securing transparency in international trade and investment dispute settlement.
Transparency in international trade and investment dispute settlement drew attention of international economic law scholars in the late 1990s, but most literature discusses the transparency in trade DS and investment DS separately. The book deals with the issue in a comprehensive and coherent manner, combining the analyses of the issue in both DS procedures and comparing the pros and cons to enhanced transparency in them. The main argument of the book is, firstly, that transparency in these procedures should be enhanced so that they may be accountable to a wider range of stakeholders, but, secondly, that the extent and the manner of transparency might differ in these two procedures, reflecting their structural and functional differences.
Monday, February 4, 2013
This article examines what makes a crime against humanity a crime against humanity as opposed to an ordinary offense under domestic criminal law. One answer is to say that any systematic or widespread attack against a civilian population which is sponsored, supported or condoned by the State is a crime against humanity. Another interpretation is that any widespread or systematic attacks against civilians which “infringe on basic human values” should be classified as crimes against humanity.
This paper will use the Rome Statute and emerging case law of International Criminal Court (ICC) to argue that neither of the two main approaches taken thus far is satisfactory. The first approach severely limits crimes against humanity in a way that fails to account for the realities of modern warfare since most international crimes today are not committed by State actors or persons having any formal links with State institutions. The second approach, advanced by the majority of ICC judges, seems so broad that it can lead to international involvement in isolated incidents of insufficient gravity to warrant international community intervention.
The paper makes a two-pronged argument in making the case for an amendment of the definition of crimes against humanity used at the ICC. First, ICC judges need to refrain from launching a covert judicial offensive to broaden the current definition of crimes against humanity contained in the Rome Statute. Second, ICC States Parties should amend the Rome Statute to expand the scope of crimes against humanity to cover any massive violations of human rights committed by states or other organizations or groups, irrespective of whether they are sponsored by private or public institutions. In this way, they will provide a conceptual mooring for a crime that captures the popular imagination but whose historical development has led to confusing and inconsistent judicial positions in its interpretation and application.
Gaukrodger & Gordon: Investor-State Dispute Settlement: A Scoping Paper for the Investment Policy Community
Governments are facing an increasing number of arbitration claims by foreign investors relating to important public policies or seeking substantial damages, and many governments are taking a greater joint interest in how such cases are resolved in investor-state dispute settlement (ISDS). This scoping paper has supported inter-governmental dialogue about ISDS at several OECD-hosted investment Roundtable meetings. Part I compares ISDS with other international and domestic processes for resolving disputes including the WTO and European Court of Human Rights, and considers how ISDS may affect domestic policy making processes. Part II examines eight current and emerging issues in ISDS: (i) investors’ access to justice; (ii) the costs of ISDS cases; (iii) remedies for foreign investors under investment treaties and their possible impact on a level playing field for domestic and foreign investors; (iv) the enforcement and execution of ISDS awards; (v) third party financing of ISDS; (vi) the characteristics, selection and regulation of arbitrators in ISDS; (vii) forum shopping and treaty shopping by investors; and (viii) the question of the consistency of decision-making in ISDS. Part III outlines key findings from a statistical survey of ISDS provisions in 1,660 bilateral investment treaties. Public comment on this paper, including 46 investment policy questions (as outlined in the paper), was obtained in May-July 2012 and is available on the OECD website.
The event will be divided into the following two panels:
Panel One: This panel will address the treatment by national courts of the privileges and immunities of international organizations (in particular, a discussion of cases in which national domestic courts exercise jurisdiction over international organizations' employment-related matters invoking, inter alia, the right to a fair trial and due process).
Panel Two: This panel will discuss the efforts by international organizations to offer an appropriate forum for labor-related dispute resolution, including recent trends in the administration of justice in the various international organizations.
This book examines current developments in international law which regulate the uses of plant genetic resources for food and agriculture, and the various property regimes which are applied to these resources by these international agreements.
In the current context of the global food crisis, the development and stability of national agricultural systems is an urgent concern, particularly among developing countries. This stability, and national food security, will potentially be threatened if these countries are unable to have free access to agricultural crop plants. This book analyses a range of international agreements including the recently adopted Nagoya Protocol and demonstrates that in their current implementation they favour private ownership of these resources rather than free access. The book takes the position that this is inherently inequitable and these resources should be maintained in the public domain.
- Barton Legum, The Ten Commandments of Written Advocacy in International Arbitration
- Charles N. Brower & Charles B. Rosenberg, The Death of the Two-Headed Nightingale: Why the Paulsson-van den Berg Presumption that Party-Appointed Arbitrators are Untrustworthy is Wrongheaded
- Stephen Jagusch & Thomas Sebastian, Moral Damages in Investment Arbitration: Punitive Damages in Compensatory Clothing?
- Martin Valasek & Frédéric Wilson, Distinguishing Expert Determination from Arbitration: The Canadian Approach in a Comparative Perspective
- Markus A. Petsche, Punitive Damages in International Commercial Arbitration: Much Ado about Nothing?
- Anjali Anchayil, Bhatia International to Videocon Industries and Yograj Infrastructure: Recasting the Foundations of Arbitration Law in India
- Sabrina Pearson, Sulamérica v. Enesa: The Hidden Pro-validation Approach Adopted by the English Courts with Respect to the Proper Law of the Arbitration Agreement
Sunday, February 3, 2013
International Law Weekend 2013: Call for Panel Proposals
In anticipation of International Law Weekend 2013 – the premier international law event of the fall season, to be held on October 24-26, 2013, in New York City – the sponsors would like to invite you and your colleagues to submit proposals for panels, roundtables, and lectures at International Law Weekend (ILW) 2013. The overall theme of ILW 2013 is Internationalization of Law and Legal Practice.
ILW is sponsored and organized by the American Branch of the International Law Association (ABILA) – which welcomes new members from academia, the practicing bar, and the diplomatic world – and the International Law Students Association (ILSA). This annual conference attracts an audience of more than 1,000 practitioners, academics, diplomats, members of the governmental and nongovernmental sectors, and most importantly, foreign policy and law students who are learning about the range of practice and career opportunities.
ILW 2013 will be held in conjunction with the 92nd annual meeting of the American Branch in Manhattan at the Association of the Bar of the City of New York at 42 West 44th Street on Thursday evening, October 24, and at the Fordham Law School at Lincoln Center on October 25-26, 2013. We expect an audience that will include practitioners, professors, UN diplomats, business leaders, federal and state government officials, NGO leaders, writers, journalists, and interested citizens. This year, we plan to have a broad array of public international law topics, but will also have dedicated tracks of private international law topics in each program slot.
The unifying theme for this year’s meeting is to examine how and why an appreciation and knowledge of international law is an increasingly relevant and important professional tool for virtually every lawyer. Panels may explore, for example, how international law principles and instruments are involved in such domestic areas as civil litigation, commercial transactions, trade regulation, family law, criminal prosecution, intellectual property, bankruptcy, and dispute settlement. Others may address international legal developments in such rapidly evolving substantive areas as public health, cyber and telecommunications, human rights, the environment and outer space – especially those under consideration in international organizations. Still others might focus on the specific mechanisms by which international law affects domestic law and legal proceedings such as treaty implementation, application of customary international law, or proof of foreign law.
The ILW Organizing Committee invites proposals to be submitted online on or before Friday, March 15, 2013.
Please provide a title, brief description of the topic, and the names, titles, and affiliations of the chair and likely speakers – but also describe what you think would be the most engaging and exciting format, including ways to enhance participation by the audience. Thus, we encourage suggestions of varied formats, such as debates, roundtables, lectures, and break-out groups, as well as the usual practice of panel presentations. One of the objectives of ILW 2013 is to promote new dialogues among scholars and practicing lawyers; so formats should include presenters with diverse experiences and perspectives.
The 2013 ILW Program Committee Members: Jack Beard, University of Nebraska College of Law, firstname.lastname@example.org; Aaron Fellmeth, Arizona State University, email@example.com; Steven Hammond, Hughes, Hubbard & Reed LLP, firstname.lastname@example.org; Blanca Montejo, United Nations Office of Legal Affairs, email@example.com; Vivian Shen, International Law Students Association, firstname.lastname@example.org; Nancy Thevenin, Baker & McKenzie LLP, email@example.com; and David Stewart, ABILA, firstname.lastname@example.org (Ex officio)