Saturday, May 4, 2013

New Issue: Ocean Development & International Law

The latest issue of Ocean Development & International Law (Vol. 44, no. 2, 2013) is out. Contents include:
  • Bing Bing Jia, The Northwest Passage: An Artificial Waterway Subject to a Bilateral Treaty Regime?
  • Hai Dang Vu, A Bilateral Network of Marine Protected Areas Between Vietnam and China: An Alternative to the Chinese Unilateral Fishing Ban in the South China Sea?
  • Jie Huang, Odyssey's Treasure Ship: Salvor, Owner, or Sovereign Immunity
  • Patricia Schneider & Matthias Winkler, The Robin Hood Narrative: A Discussion of Empirical and Ethical Legitimizations of Somali Pirates

Friday, May 3, 2013

New Issue: Global Trade and Customs Journal

The latest issue of Global Trade and Customs Journal (Vol. 8, no. 4, 2013) is out. Contents include:
  • Tokio Yamaoka, The De Facto Accession of the European Communities to the World Customs Organization: Process and Significance
  • Jordan C. Kahn, Commerce’s Commitment to Strengthening US Trade Remedy Laws
  • Luciana D.O. Silveira & Thomas Obersteiner, The Scope of the TBT Agreement in Light of Recent WTO Case Law

Call for Applications: Venice Academy of Human Rights (Reminder)

As noted previously, the European Inter-University Centre for Human Rights and Democratisation's Venice Academy of Human Rights is accepting applications for its summer program, to take place July 8-19. The theme of this year’s Academy is "Obligations of States." The call for applications and further information is available here. A detailed program is here. The deadline is May 5, 2013.

Call for Papers: Imperium iuris: Governance, Trade, Resources

A call for papers has been issued for the 2013 International Law Association Regional Conference, to take place August 29-31, 2013, at the European Public Law Organization, Cape Sounion, Greece. The theme is "Imperium Juris: Governance, Trade, Resources." Here's the call:

Regional Conference 2013

Cape Sounion, Athens, 29-31 August 2013

Imperium juris: Governance, Trade, Resources

This Regional Conference, aptly taking place at the crossroads between the developed and the emerging world in times of global crisis, aims to concentrate on manifestations of the rule of law, with particular reference to Governance, Trade and Resources. These areas are at the heart of current developments on the global scene, within a framework of international regulations, multiple actors, changing patterns of authority between and within States, emerging global needs leading to a renewed attention to human rights, energy and development.

In this context, this Regional Conference will explore cutting-edge issues within each field but also questions arising from the interplay between them. Panels under the general theme of Governance will provide both the background discussion on the architecture of international law and the prospects of further development in certain areas, such as the role assigned to actors on the international scene and the shifting structures of mechanisms on the protection of human rights, financial sovereignty and dispute settlement. Panels under the general theme of Trade will explore issues related to the workings of the WTO, investment and shipping. How these faces of reality in trade project into a more comprehensive system of trade governance is the natural query arising from their parallel development and invites further reflexion. Panels under the general theme Resources will discuss new challenges pertaining to the management of shared resources, including energy and cultural resources, and their impact on sustainable development.

The Programme Committee cordially invites the submission of proposals on the themes of Governance, Trade and Resources, as set out in the concept paper of the Conference.

Proposals will be selected through a competitive process, based exclusively on the scholarly merit of proposals received. All papers accepted will be published in the electronic proceedings in the Conference website. A limited number of authors will be invited to join the panels of the main programme.

Proposals from younger scholars will be presented during the parallel 'New Voices Programme', to be assembled according to submissions accepted.

Each submission should include an abstract of the proposed presentation of no more than 700 words in English or French and a short CV in English or French. Applications should be submitted in a Word or PDF format.

The deadline for submission of proposals is Friday, 31 May 2013.

All proposals must be addressed to: info@ilahellenic.gr

The outcome of the selection process will be notified to all applicants by Monday, 1 July 2013. Once selected, each presenter will be expected to produce a summary for the Conference website.

The proceedings of the Conference will be published in an electronic form. Selected submissions may be considered for an edited volume upon peer review.

As with all ILA Conferences, participants need to register and are responsible for their own travel and accommodation expenses. However, we are able to provide a reduced fee for speakers.

Call for Papers: 11º Congresso Brasileiro de Direito Internacional

A call for papers has been issued for the 11º Congresso Brasileiro de Direito Internacional, to take place in Belo Horizonte, on October 6-9, 2013. Here's the call:

CHAMADA DE ARTIGOS

11º Congresso Brasileiro de Direito Internacional – Chamada de trabalhos

O Comitê Científico do 11º Congresso Brasileiro de Direito Internacional convida pesquisadores e profissionais trabalhando com temas envolvendo o direito internacional a submeterem trabalho de caráter inédito a serem apresentados durante o evento. Os melhores trabalhos aprovados pelo Comitê serão publicados em livros temáticos editados pelos organizadores do evento.

A recepção dos trabalhos ou a inscrição para participação no evento não significa de maneira alguma a sua inclusão automática na programação ou nas publicações do 11º Congresso Brasileiro de Direito Internacional. A apresentação do trabalho não implicará na publicação automática do mesmo.

O Comitê Científico avaliará os trabalhos segundo os seguintes critérios: vinculação à linha temática escolhida; profundidade da pesquisa; rigor de análise; clareza de exposição; respeito às regras e normalização; respeito às regras constantes deste documento, citação de textos contidos nos anais anteriores.

Data Limite para submissão

Os trabalhos devem ser submetidos impreterivelmente ate o dia 31 de maio de 2013.

Requisitos Formais

O trabalho deve ser redigido em português;

A extensão dos trabalhos não deverá ultrapassar quinze páginas, tamanho A-4, margens de 3cm, fonte Times New Roman, tamanho 12, espaço 1,5 entre linhas, incluindo bibliografia, um resumo de até 10 linhas e três palavras-chave. Transcrições com mais de três linhas devem ser recuadas em 2,5 cm da margem esquerda, com fonte 10. As notas de rodapé devem ter espaçamento simples entre linhas e fonte Times New Roman, tamanho 10. Recomenda-se não numerar as páginas;

Deverão ser seguidas as normas da ABNT, observadas as determinações do parágrafo anterior;

Os artigos deverão ser enviados em programa WORD, com terminação .doc ou .docx. Não serão aceitos artigos enviados em outros formatos;

Sob pena de não classificação, os textos deverão conter indicação da qualificação do autor (estudante, especialista, mestre ou doutor, e, se assim desejar, a qualificação profissional e a vinculação institucional). O nome do autor deverá vir imediatamente abaixo do título, acompanhado de símbolo indicador de nota de rodapé, na qual deverá estar a qualificação, seguindo obrigatoriamente o formato do exemplo abaixo:

Título: A “Globalização”

Palestrante: Prof. José da Silva

Doutor e Mestre em Direito. Professor Adjunto da Faculdade de Direito, da Associação Nacional dos pesquisadores. Advogado.

Diretrizes para autores

Os artigos de acadêmicos da graduação só serão publicados se escritos em co-autoria com um professor que assine o artigo conjuntamente.

Só serão avaliados e publicados artigos inéditos em que os autores confirmem previamente a inscrição no Congresso e comparecimento no mesmo.

Cada autor poderá submeter apenas um trabalho para cada linha de pesquisa do evento do Congresso, seja como autor principal ou co-autor.

Os arquivos com os artigos deverão ser postados para o e-mail geral de inscrição de trabalhos, a partir de 15 de abril de 2013. A recepção dos trabalhos não significa a sua inclusão na programação ou nas publicações do evento.

Ao enviar o seu artigo, o autor deverá indicar no assunto do e-mail a linha temática em que inscreve o seu trabalho e enviar ao e-mail geral. Essa escolha vinculará o palestrante ao painel específico do Congresso em que será debatido o tema eleito.

Linhas de Pesquisa e e-mails do Congresso:

1. Fundamentos do Direito Internacional

2. Direito Internacional Privado

3. Direito do Comercio Internacional

4. Direitos Humanos e Humanitário

5. Direito Ambiental

6. Direito da Integração

7. Direito Penal Internacional

8. Direito das Relações Internacionais

OBS.: e-mail para inscrições dos trabalhos – paper@cbdi-2013.com.

Observações Finais

A inclusão do trabalho não dá direito à inscrição, sendo necessário a prévia inscrição junto com o envio do trabalho.

O certificado de apresentação de trabalho somente será entregue ao(s) autor(es) que efetivamente apresentar(em) o trabalho no Congresso.

Müller: The Relationship between Economic, Social and Cultural Rights and International Humanitarian Law

Amrei Müller (Univ. of Oslo - Law) has published The Relationship between Economic, Social and Cultural Rights and International Humanitarian Law: An Analysis of Health Related Issues in Non-international Armed Conflicts (Martinus Nijhoff Publishers 2013). Here's the abstract:
In The Relationship between Economic, Social and Cultural Rights and International Humanitarian Law, Amrei Müller offers a detailed analysis of the legal consequences of the parallel application of economic, social and cultural (ESC) rights and international humanitarian law (IHL) to non-international armed conflicts. With a focus on health related issues, the book covers important topics like the scope of limitations to and derogations from ESC rights, questions related to the integration of the right to health in military-target decisions, states’ obligations to mitigate the adverse public health impact of armed conflicts and obligations relating to the provision of humanitarian assistance. It moves the discussion about the parallel application of IHL and human rights to a new level, highlighting its potential to enhance the protection of people affected by armed conflicts but also the difficulties involved.

New Issue: International Community Law Review

The latest issue of the International Community Law Review (Vol. 15, no. 2, 2013) is out. Contents include:
  • Katherine Del Mar, The Effects of Framing International Legal Norms as Rules or Exceptions: State Immunity from Civil Jurisdiction
  • Charles Poncelet, Free Movement of Goods and Environmental Protection in EU Law: A Troubled Relationship?
  • Dan Plesch & Shanti Sattler, Changing the Paradigm of International Criminal Law: Considering the Work of the United Nations War Crimes Commission of 1943–1948
  • Aurelia Marina Pohrib, Frustrating Noble Intentions
  • Federica Cristani, The Sempra Annulment Decision of 29 June 2010 and Subsequent Developments in Investment Arbitration Dealing with the Necessity Defence

Thursday, May 2, 2013

New Issue: The Law and Practice of International Courts and Tribunals

The latest issue of The Law and Practice of International Courts and Tribunals (Vol. 12, no. 1, 2013) is out. Contents include:
  • Andreas Zimmermann, Human Rights Treaty Bodies and the Jurisdiction of the International Court of Justice
  • Khorsed Zaman, Determining a “Reasonable” Implementation Timeline for Developing Countries in WTO Disputes: An Appraisal of Special Treatment Commitments in DSU Article 21.3 (c) Arbitrations
  • Manuel J. Ventura, The ‘Reasonable Basis to Proceed’ Threshold in the Kenya and Côte d’Ivoire Proprio Motu Investigation Decisions: The International Criminal Court’s Lowest Evidentiary Standard?

Vos: The Function of Public International Law

Jan Anne Vos (T.M.C. Asser Instituut) has published The Function of Public International Law (Asser Press 2013). Here's the abstract:
This book addresses fundamental aspects of the concept of public international law in both theory and practice. The argument developed by the author is that, underlying the traditional, horizontal, structure of public international law, a vertical structure of the concept of law may be discerned. This vertical structure is seen unfolding into two, mutually exclusive, frameworks: a framework of obligation, accounting for obligations, and a framework of authorization, accounting for rights. The problem then arising is that a concept of public international law which only admits either rights or obligations cannot be regarded as coherent. The author, however, takes and substantiates the position that coherence can be achieved by suppressing the mutual exclusivity of both frameworks. This move paves the way to formulating the function of public international law in terms of the constituting of international society.

Berliner & Prakash: Signaling Environmental Stewardship in the Shadow of Weak Governance: The Global Diffusion of ISO 14001

Daniel Berliner (Freie Universität Berlin - Political Science) & Aseem Prakash (Univ. of Washington - Political Science) have published Signaling Environmental Stewardship in the Shadow of Weak Governance: The Global Diffusion of ISO 14001 (Law & Society Review, Vol. 47, no. 2, pp. 345–373, 2013). Here's the abstract:
This article examines how the quality of domestic regulatory institutions shapes the role of global economic networks in the cross-national diffusion of private or voluntary programs embodying environmental norms and practices. We focus on ISO (International Organization for Standardization) 14001, the most widely adopted voluntary environmental program in the world, which encourages participating firms to adopt environmental stewardship policies beyond the requirement of extant laws. We hypothesize that firms are motivated to signal environmental stewardship via ISO 14001 certification to foreign customers and investors that have embraced this voluntary program, but only when these firms operate in countries with poor regulatory governance. Using a panel of 129 countries from 1997 to 2009, we find that bilateral export and bilateral investment pressures motivate firms to join ISO 14001 only when firms are located in countries with poor regulatory governance, as reflected in corruption levels. Thus, our article highlights how voluntary programs or private law operates in the shadow of public regulation, because the quality of public regulation shapes firms' incentives to join such programs.

New Volume: Collected Courses of the Xiamen Academy of International Law

The lastest volume of the Collected Courses of the Xiamen Academy of International Law (Vol. 4, 2011) is out. Contents include:
  • Abdul G. Koroma, The Application of International Law by the International Court of Justice
  • M. Mohamed Bennouna, Prevention and International Law
  • Christine Chinkin, International Dispute Resolution, With Specific Attention to China

Evans & Koutrakos: The International Responsibility of the European Union: European and International Perspectives

Malcolm Evans (Univ. of Bristol - Law) & Panos Koutrakos (City Univ. London - Law) have published The International Responsibility of the European Union: European and International Perspectives (Hart Publishing 2013). The table of contents is here. Here's the abstract:

How is the international responsibility of the European Union determined? In the context of the multilayered and ever evolving Union legal order, the Lisbon Treaty has introduced considerable changes to the Union's participation in international affairs. These have rendered this thorny question an even more pressing concern not only for the European Union and its Member States but also for third countries and international organisations.

Based on papers delivered at the bi-annual EU/International Law Forum organised by the University of Bristol in May 2011, this volume brings together EU and international law experts to address the various questions raised by the Union's international responsibility. It discusses horizontal issues, such as the concept of responsibility of international organisations in the evolving international legal order and the different techniques available for determining responsibility. It also focuses on specific policy areas (trade, investment, environment, security and defence, human rights) by approaching them from both an EU and international law perspective.

Wednesday, May 1, 2013

Linos: The Democratic Foundations of Policy Diffusion: How Health, Family, and Employment Laws Spread Across Countries

Katerina Linos (Univ. of California, Berkeley - Law) has published The Democratic Foundations of Policy Diffusion: How Health, Family, and Employment Laws Spread Across Countries (Oxford Univ. Press 2013). Here's the abstract:
Why do law reforms spread around the world in waves? Leading theories argue that international networks of technocratic elites develop orthodox solutions that they singlehandedly transplant across countries. But, in modern democracies, elites alone cannot press for legislative reforms without winning the support of politicians, voters, and interest groups. As Katerina Linos shows in The Democratic Foundations of Policy Diffusion, international models can help politicians generate domestic enthusiasm for far-reaching proposals. By pointing to models from abroad, policitians can persuade voters that their ideas are not radical, ill-thought out experiments, but mainstream, tried-and-true solutions. The more familiar voters are with a certain country or an international organization, the more willing they are to support policies adopted in that country or recommended by that organization. Aware of voters' tendency, politicians strategically choose these policies to maximize electoral gains. Through the ingenious use of experimental and cross-national evidence, Linos documents voters' response to international models and demonstrates that governments follow international organization templates and imitate the policy choices of countries heavily covered in national media and familiar to voters. Empirically rich and theoretically sophisticated, The Democratic Foundations of Policy Diffusion provides the fullest account to date of this increasingly pervasive phenomenon.

New Volume: Ocean Yearbook

The latest volume of the Ocean Yearbook (Vol. 27) is out. The table of contents is here.

New Issue: Review of International Organizations

The latest issue of the Review of International Organizations (Vol. 8, no. 2, June 2013) is out. Contents include:
  • Special Issue: Informal Governance in International Organizations
    • Randall W. Stone, Informal governance in international organizations: Introduction to the special issue
    • Barbara Koremenos, What’s left out and why? Informal provisions in formal international law
    • Christopher Marcoux & Johannes Urpelainen, Non-compliance by design: Moribund hard law in international institutions
    • Felicity Vabulas & Duncan Snidal, Organization without delegation: Informal intergovernmental organizations (IIGOs) and the spectrum of intergovernmental arrangements
    • Alexander Libman & Anastassia Obydenkova, Informal governance and participation in non-democratic international organizations
    • Mareike Kleine, Knowing your limits: Informal governance and judgment in the EU
    • Jeffrey M. Chwieroth, “The silent revolution:” How the staff exercise informal governance over IMF lending
    • Kevin M. Morrison, Membership no longer has its privileges: The declining informal influence of Board members on IDA lending

Shi: Free Trade and Cultural Diversity in International Law

Jingxia Shi (China Univ. of International Business & Economics - Law) has published Free Trade and Cultural Diversity in International Law (Hart Publishing 2013). Here's the abstract:

This book attempts to reconcile the concept of free trade with a key non-trade social value - cultural diversity - in an era of economic globalisation. It first shows how we can look at culture in many different ways, and explains why we should care about cultural diversity. The book then examines the challenges that policymakers are faced with in formulating cultural measures in the new media environment, and analyses UNESCO's theories and approaches to cultural diversity.

This is followed by a comprehensive examination of the treatment of 'culture' in global and regional trade agreements, including the framework of the GATT/WTO system, the WTO's judicial practice involving cultural products, and the treatment of culture under the EC/EU and NAFTA. This identifies the challenges trade norms encounter in dealing with cultural products.

The author seeks to formulate a balanced view of the challenge of protecting and promoting cultural diversity while also recognising the important goal of trade liberalisation. To this end Professor Shi proposes a dual method through which the norms found in WTO agreements and in UNESCO cultural instruments may be brought into alignment: the first highlighting the compatibility of cultural policy measures with trade obligations on a domestic level, the second suggesting potential linkages between the WTO rules and the UNESCO Convention from the perspectives of treaty interpretation.

McDougall: The Crime of Aggression under the Rome Statute of the International Criminal Court

Carrie McDougall has published The Crime of Aggression under the Rome Statute of the International Criminal Court (Cambridge Univ. Press 2013). Here's the abstract:
This guide to the crime of aggression provisions under the Rome Statute of the International Criminal Court (ICC) offers an exhaustive and sophisticated legal analysis of the crime's definition, as well as the jurisdictional provisions governing the ICC's exercise of jurisdiction over the crime. A range of practical issues likely to arise in prosecutions of the crime of aggression before the ICC are canvassed, as is the issue of the domestic prosecution of the crime. It also offers an insight into the geopolitical significance of the crime of aggression and the activation of the ICC's ability to exercise its jurisdiction over the crime. The author's intimate involvement in the crime's negotiations, combined with extensive scholarly reflection on the criminalisation of inter-State uses of armed force, makes this highly relevant to all academics and practitioners interested in the crime of aggression.

Burke: An Equitable Framework for Humanitarian Intervention

Ciarán Burke (Univ. of Passau) has published An Equitable Framework for Humanitarian Intervention (Hart Publishing 2013). Here's the abstract:
This book aims to resolve the dilemma regarding whether armed intervention as a response to gross human rights violations is ever legally justified without Security Council authorisation. Thus far, international lawyers have been caught between giving a negative answer on the basis of the UN Charter's rules ('positivists'), and a 'turn to ethics', declaring intervention legitimate on moral grounds, while eschewing legal analysis ('moralists'). In this volume, a third solution is proposed. The idea is presented that many equitable principles may qualify as 'general principles of law recognised by civilised nations' - one of the three principal sources of international law (though a category that is often overlooked) - a conclusion based upon detailed research of both national legal systems and international law. These principles, having normative force in international law, are then used to craft an equitable framework for humanitarian intervention. It is argued that the dynamics of their operation allow them to interact with the Charter and customary law in order to fill gaps in the existing legal structure and soften the rigours of strict law in certain circumstances. It is posited that many of the moralists' arguments are justified, albeit based upon firm legal principles rather than ethical theory. The equitable framework proposed is designed to provide an answer to the question of how humanitarian intervention may be integrated into the legal realm. Certainly, this will not mean an end to controversies regarding concrete cases of humanitarian intervention. However, it will enable the framing of such controversies in legal terms, rather than as a choice between the law and morality.

Tuesday, April 30, 2013

Call for Papers: Encontro Latino Americano de Direito Internacional / Encuentro Latinoamericano de Derecho Internacional / Latin American Meeting of International Law

The Latin American Society of International Law has issued a call for papers for the Encontro Latino Americano de Direito Internacional / Encuentro Latinoamericano de Derecho Internacional / Latin American Meeting of International Law / Rencontre Latino-américaine de droit international, to take place in Foz do Iguaçu, August 22-24, 2013, and hosted by the Brazilian Academy of International Law. The call for papers is here [Español] / here [Português].

New Volume: Czech Yearbook of International Law

The latest volume of the Czech Yearbook of International Law (Vol. 4, 2013) is out. The theme is "Regulatory Measures and Foreign Trade." Contents include:
  • Jesse Kennedy, Protecting Regulatory Measures in Investment Treaty Law
  • Leonid Shmatenko, Regulatory Measures through Plain Packaging of Tobacco Products in the Light of International Trade Agreements
  • Dominik Mokvan & Veronika Vrbová, Connecting the Dots: Attracting Foreign Direct Investment through Harmonisation of European Insolvency Law
  • Nikolay Natov, The EU and Foreign Investment: Some Questions after the New Regulation
  • Alexander J. Bělohlávek, Regulation of Financial Markets and Money Laundering: Contemporary Trends in European and International Cooperation
  • Libor Klimek, Effective Enforcement of Sanctions for Market Abuse in the EU: Introduction of Criminal Sanctions
  • Milue Hrnčiříková, Filip Černý, & Jan Havliček, A Few Thoughts on the New Common European Sales Law
  • Daniela Nováčková, International Trade Economic Measures Applied in Slovakia
  • Carmen Adriana Gheorghe, Publicity and Protection: A Comparative Analysis of Legal European Protection Granted to Credit and Events Consumers

Call for Papers: Interpretation in International Law (Update)

As noted previously, a call for papers has been issued for a conference on "Interpretation in International Law," to take place August 27, 2013, at the University of Cambridge. The deadline for the submission of abstracts has been extended to May 8, 2013. Abstracts, along with a resume, can be submitted to cambridgeinterpretation@gmail.com. The full call for papers can be found here.

New Issue: Chinese Journal of International Law

The latest issue of the Chinese Journal of International Law (Vol. 12, no. 1, March 2013) is out. Contents include:
  • Editorial Comments
    • Bin Cheng, Pre-emptive or Similar Type of Self-defense in the Territory of Foreign States
    • Sienho Yee, The International Law of Co-progressiveness and the Co-progressiveness of Civilizations
  • Articles
    • Jure Vidmar, Palestine and the Conceptual Problem of Implicit Statehood
    • Harmen van der Wilt, Corporate Criminal Responsibility for International Crimes: Exploring the Possibilities
    • Bing Bing Jia, The Notion of Natural Prolongation in the Current Regime of the Continental Shelf: An Afterlife?
  • Comments
    • Chongyang Xin, Treaty Interpretation Concerning Individuals' Right to Claims: Comments on the Supreme Court of Japan's Decision in the Nishimatsu Construction Company case
    • Bjørn Kunoy, Agreed Minutes on the Delimitation of the Continental Shelf beyond 200 Nautical Miles between Greenland and Iceland in the Irminger Sea
    • Wenliang Zhang, Recognition and Enforcement of Foreign Judgments in China: A Call for Special Attention to Both the “Due Service Requirement” and the “Principle of Reciprocity”

Fox: Navigating the Unilateral/Multilateral Divide

Gregory H. Fox (Wayne State Univ. - Law) has posted Navigating the Unilateral/Multilateral Divide (in Jus Post Bellum: Mapping the Normative Divide, Carsten Stahn, Jennifer Easterday & Jens Iverson eds., forthcoming). Here's the abstract:

International law and international organizations are increasingly focused on the aftermath of conflict. Civil wars, failed states and mass atrocities have challenged the international community to reconstruct societies whose political cultures and institutions are barely functional. Many commentators now refer to the normative dimension of this phenomenon as the “jus post bellum,” a legal category that does not yet exist but seems increasingly necessary. This chapter warns of an important dilemma facing the nascent jus post bellum should it seek to regulate all actors in a post-conflict environment. The dilemma emerges from a critical “secondary” rule in international law: the distinction between states acting unilaterally and those acting pursuant to a Security Council Chapter VII mandate. The unilateral/multilateral divide manifests itself in three critical ways in the post-conflict period. First, applicable legal regimes regulate states but not international organizations. Second, the UN Security Council has the legal authority to substitute its policy preferences for existing state-centric law on post-conflict states. Third, the Council, through its powers under Chapter VII of the UN Charter, has effectively multilateralized almost every post-conflict state in the past few decades.

The norms applicable to post conflict states are thus highly bifurcated. On the one hand, the existing treaty regimes are state centric in their design and also largely in their application. On the other hand, the Security Council has multilateralized the post-conflict period in almost all respects. The result is that existing post-conflict norms barely regulate the most important actor in the field. Architects of a nascent jus post bellum thus face a dilemma. The new regime can mirror the state-centrism of existing law, in which case it will be of marginal relevance to the UN and UN-sanctioned operations dominating today’s post-conflict missions. Alternatively, the jus post bellum could expand its application to include multilateral actors. But in that case it must provide a convincing justification for subordinating Council authorizations under Chapter VII to a set of treaty-based or customary rules. That seems an impossible task.

This chapter does not chart a way out of this dilemma. Instead, it reviews the actors and law applicable to four prominent efforts at post-conflict reconstruction: East Timor (1999), Afghanistan (2001), Iraq (2003) and Libya (2011). It then analyzes how a uniform just post bellum would fare in these cases if international law continued to adhere to the unilateral/multilateral distinction. It concludes that this distinction is too deeply embedded in structural aspects of the international community for it to be surmounted.

Seminar: Distribution of Responsibilities in International Law

On May 30-31, 2013, the Research Project on Shared Responsibility in International Law (SHARES) will host a seminar on "Distribution of Responsibilities in International Law," in Amsterdam. The program is here. Here's the idea:

This Seminar will consider extra-legal perspectives on how responsibility is to be distributed when multiple wrongdoing actors contribute to a harmful outcome. The relevant principles of international law leave open many questions. Should the responsibility of all actors be based on their individual contribution to such harms? Are there grounds for differentiation? Or should all actors be held responsible in an equal amount, or should they, if no differentiation can be made, be held responsible collectively?

While various grounds have been advanced to distribute responsibilities in other disciplines, such grounds have only to a limited extent been linked to the international legal discourse. In view of the increasing relevance of questions of distribution of responsibilities and of the paucity of international law on this point, there is much reason for a fundamental inquiry into the bases and justifications for apportionment of responsibilities. Such an inquiry could support an articulation of critique of present international law, and provide a basis for reform. At the seminar, 13 contributions by leading experts from various disciplines will be discussed.

Only limited seats are available. If you are interested to participate, please send an email to: contact@sharesproject.nl.

New Issue: Vanderbilt Journal of Transnational Law

The latest issue of the Vanderbilt Journal of Transnational Law (Vol. 46, no. 2, March 2013) is out. Contents include:
  • Gregory S. Gordon, Hate Speech and Persecution: A Contextual Approach
  • Virginia Harper Ho, Beyond Regulation: A Comparative Look at State-Centric Corporate Social Responsibility and the Law in China
  • Polly J. Price, Stateless in the United States: Current Reality and a Future Prediction
  • Kurt S. Schulzke, Gerlinde Berger-Walliser, & Pier Luigi Marchini Lexis Nexus Complexus: Comparative Contract Law and International Accounting Collide in the IASB––FASB Revenue Recognition Exposure Draft

Monday, April 29, 2013

New Issue: International Negotiation

The latest issue of International Negotiation (Vol. 18, no. 1, 2013) is out. Contents include:
  • Regional Trade and Economic Negotiations
    • Érick Duchesne & Jean-Frédéric Morin, Regional Trade and Economic Negotiations: Introduction
    • Érick Duchesne & Jean-Frédéric Morin, Revisiting Structural Variables of Trade Negotiations: The Case of the Canada-EU Agreement
    • Deborah Elms, The Trans-Pacific Partnership: The Challenges of Unraveling the Noodle Bowl
    • Takashi Terada, The US Struggles in APEC’s Trade Politics: Coalition-Building and Regional Integration in the Asia-Pacific
    • Stephen R. Hurt, Donna Lee, & Ulrike Lorenz-Carl, The Argumentative Dimension to the EU-Africa EPAs
    • Vinod K. Aggarwal, U.S. Free Trade Agreements and Linkages
    • Eugénia da Conceição-Heldt, The Clash of Negotiations: The Impact of Outside Options on Multilateral Trade Negotiations
    • Bernard Hoekman & Aaditya Mattoo, Liberalizing Trade in Services: Lessons from Regional and WTO Negotiations
    • Steve Woolcock. Policy Diffusion in Public Procurement: The Role of Free Trade Agreements

New Blog: Jus Gentium

The Jus Gentium blog has been officially launched. Here's the idea:

Apreciados amigos y colegas,

Me complace anunciarles el lanzamiento oficial de JusGentium.org, un blog dedicado al Derecho Internacional, mediante la colaboración entre académicos, practicantes y estudiantes.

Espero que este blog sirva como una autopista para el desarrollo de nuestra red hemisférica y global donde podamos compartir noticias o artículos de interés (periodísticos), notas de prensa, informar sobre eventos (reuniones, foros y nuevos programas, concursos) y oportunidades (becas e investigaciones), entre otras posibilidades de retroalimentación y beneficios recíprocos.

En tal sentido, JusGenitum.org está completamente a sus órdenes y les invitamos a unirse a nuestro equipo de colaboradores, con sus artículos de opinión y/o académicos.

A la espera de sus comentarios, quedo de ustedes.

Saludos cordiales,

Claudio Sandoval

The Jus Gentium forum is an online resource for news, analysis and commentary regarding developments of interest to scholars, practitioners and students with international law backgrounds. The blog was founded and conceived by Claudio Sandoval, a legal counsel and law professor at Universidad Central de Venezuela, as an interaction channel between emerging and experienced international law experts.

Jus Gentium is a collaboration between scholars, practitioners and graduate students located worldwide, allowing us to report -with a global reach and a local knowledge- on trends in a number of jurisdictions. Our international contributors monitor and report on the wide range of evolving issues in the fields of international law and politics, including court, legislative and regulatory developments.

We are committed to offering information that is most likely to be thoughtful, relevant, and provocative to our busy readers.

Thank you for your interest and welcome to our community.

New Issue: Global Environmental Politics

The latest issue of Global Environmental Politics (Vol. 13, no. 2, May 2013) is out. Contents include:
  • Jessica F. Green, Order out of Chaos: Public and Private Rules for Managing Carbon
  • Johannes Urpelainen, Promoting International Environmental Cooperation Through Unilateral Action: When Can Trade Sanctions Help?
  • Mairon G. Bastos Lima & Joyeeta Gupta, The Policy Context of Biofuels: A Case of Non-Governance at the Global Level?
  • Mark T. Buntaine & Bradley C. Parks, When Do Environmentally Focused Assistance Projects Achieve their Objectives? Evidence from World Bank Post-Project Evaluations
  • Nathan Young & Aline Coutinho, Government, Anti-Reflexivity, and the Construction of Public Ignorance about Climate Change: Australia and Canada Compared
  • Carolyn M. Dudek, Transmitting Environmentalism? The Unintended Global Consequences of European Union Environmental Policies
  • Shangrila Joshi, Understanding India's Representation of North–South Climate Politics

New Issue: Journal of Private International Law

The latest issue of the Journal of Private International Law (Vol. 9, no. 1, April 2013) is out. Contents include:
  • Reid Mortensen, Woodhouse Reprised: Accident Compensation and Trans-Tasman Integration
  • Samuel Zogg, Accumulation of Contractual and Tortious Causes of Action under the Judgments Regulation
  • Rita Matulionytė, Calling for Party Autonomy in Intellectual Property Infringement Cases
  • José M Velasco Retamosa, International Protection of United Nations System Emblems: Private International Law Issues
  • Laurens JE Timmer, Abolition of Exequatur under the Brussels I Regulation: Ill Conceived and Premature?
  • Martina Melcher, (Mutual) Recognition of Registered Relationships via EU Private International Law
  • Fabrício Bertini Pasquot Polido, Review Article: How Far Can Private International Law Interact with Intellectual Property Rights? A Dialogue with Benedetta Ubertazzi’s book Exclusive Jurisdiction in Intellectual Property

New Issue: ICSID Review: Foreign Investment Law Journal

The latest issue of the ICSID Review: Foreign Investment Law Journal (Vol. 28, no. 1, Spring 2013) is out. Contents include:
  • Case Comments
    • Gabriel Bottini, Bureau Veritas, Inspection, Valuation, Assessment and Control, BIVAC BV v Republic of Paraguay
    • Chester Brown, Commerce Group Corp & San Sebastian Gold Mines, Inc v Republic of El Salvador: Security for Costs in ICSID Proceedings
    • Nick Gallus, Pac Rim Cayman LLC v Republic of El Salvador
    • Luis González García, Flughafen Zürich AG v Venezuela: A Catch-22 on the Protection of Procedural Fairness
    • Omar E. García-Bolívar, Railroad Development Corporation v Republic of Guatemala: The First CAFTA Award on the Merits
    • J. Cameron Mowatt & Celeste Mowatt, Border Timbers and others v Zimbabwe and von Pezold and others v Zimbabwe
  • Articles
    • Erika de Wet The Rise and Fall of the Tribunal of the Southern African Development Community: Implications for Dispute Settlement in Southern Africa
    • Loukas A. Mistelis, Award as an Investment: The Value of an Arbitral Award or the Cost of Non-Enforcement
    • Michele Potestà, Legitimate Expectations in Investment Treaty Law: Understanding the Roots and the Limits of a Controversial Concept
    • Valentina Vadi, Culture Clash? World Heritage and Investors’ Rights in International Investment Law and Arbitration
  • Notes
    • Frank Berman, Book Report: The History of ICSID by Antonio R Parra
    • Federico Ortino, Refining the Content and Role of Investment ‘Rules’ and ‘Standards’: A New Approach to International Investment Treaty Making
    • Antonio R. Parra, Participation in the ICSID Convention
    • August Reinisch, The Future Shape of EU Investment Agreements
    • Andrea Saldarriaga, Investment Awards and the Rules of Interpretation of the Vienna Convention: Making Room for Improvement
    • Albert Jan van den Berg, Time and Costs: Issues and Initiatives from an Arbitrator’s Perspective

Sunday, April 28, 2013

New Volume: Japanese Yearbook of International Law

The latest volume of the Japanese Yearbook of International Law (Vol. 55, 2012) is out. Contents include:
  • Recent Trends and Challenges of the ICJ Jurisprudence
    • Hugh Thirlway, Some Observations on Recent Trends in the Work of the International Court of Justice
    • Alexander Orakhelashvili, Substantive Applicable Law, Consensual Judicial Jurisdiction, and the Public Interest in International Litigation
    • Takane Sugihara, The Principle of Jura Novit Curia in the International Court of Justice: With Reference to Recent Decisions
    • Hironobu Sakai, La Bonne Administration de la Justice in the Incidental Proceedings of the International Court of Justice
    • Karel Wellens, The Legal Significance Given to the Security Council in the Court’s Jurisprudence since Lockerbie
    • Yasuhiro Shigeta, Obligation to Protect the Environment in the ICJ’s Practice: To What Extent Erga Omnes?
    • Mariko Kawano, Standing of a State in the Contentious Proceedings of the International Court of Justice — Judicial Procedure on the Basis of the Consent of the Parties and the Development of International Legal Rules to Protect the Common Interests of the International Community as a Whole or as Established by a Treaty
    • Yoshiyuki Lee-Iwamoto, The Repercussions of the LaGrand Judgment: Recent ICJ Jurisprudence on Provisional Measures
  • New Japanese Rules on International Jurisdiction: Part Two
    • Yoshiaki Nomura, Activity-Based Jurisdiction of Japanese Courts — A Bold but Unnecessary Departure
    • Nozomi Tada, International Civil Jurisdiction Based on the Place of the Tort
    • Tadashi Kanzaki, Jurisdiction over Consumer Contracts and Individual Labor-Related Civil Disputes
  • Japanese Court Cases Involving East Asian Citizens and Corporations: Part One
    • Yayohi Satoh, Law Applicable to Personal Status of Korean and Chinese Nationals before Japanese Courts
  • Public International Law
    • Toshiki Mogami, Towards Jus Contra Oligarchiam — A Note on Critical Constitutionalism
    • Taira Nishi, Enemy and Criminal — Analysis of the Different Structures of Legal Protection
  • Private International Law
    • Guo Yujun, Changing Private International Law in China