- Jean-Philippe Dequen, Constructing the Refugee Figure in France: Ethnomethodology of a Decisional Process
- Georgina Firth & Barbara Mauthe, Refugee Law, Gender and the Concept of Personhood
- Trish Luker, Decision Making Conditioned by Radical Uncertainty: Credibility Assessment at the Australian Refugee Review Tribunal
- Mark Evenhuis, Child-Proofing Asylum: Separated Children and Refugee Decision Making in Australia
- Michael Ramsden & Luke Marsh, The ‘Right to Work’ of Refugees in Hong Kong: MA v Director of Immigration
Saturday, December 7, 2013
Friday, December 6, 2013
- George-Dian Balan, The Latest United States Sanctions Against Iran: What Role to the WTO Security Exceptions?
- Kenneth Chan, State Failure and the Changing Face of the Jus ad Bellum
- Daley J. Birkett, The Legality of the 2011 Kenyan Invasion of Somalia and its Implications for the Jus Ad Bellum
- Andrew J. Carswell, Unblocking the UN Security Council: The Uniting for Peace Resolution
- Lawrence Hill-Cawthorne, The Copenhagen Principles on the Handling of Detainees: Implications for the Procedural Regulation of Internment
- Troy Lavers, The New Crime of Aggression: A Triumph for Powerful States
- Inanna Hamati-Ataya, Reflectivity, reflexivity, reflexivism: IR’s ‘reflexive turn’ — and beyond
- Choong-Nam Kang & Douglas M. Gibler, An assessment of the validity of empirical measures of state satisfaction with the systemic status quo
- Alexander Anievas, 1914 in world historical perspective: The ‘uneven’ and ‘combined’ origins of World War I
- Martin Austvoll Nome, Transnational ethnic ties and military intervention: Taking sides in civil conflicts in Europe, Asia and North Africa, 1944–99
- Monika Heupel, With power comes responsibility: Human rights protection in United Nations sanctions policy
- Paul Kirby, How is rape a weapon of war? Feminist International Relations, modes of critical explanation and the study of wartime sexual violence
- Eric Grynaviski, Contrasts, counterfactuals,and causes
- Eva Erman, In search of democratic agency in deliberative governance
- Torsten Michel, Time to get emotional: Phronetic reflections on the concept of trust in International Relations
- Axel Heck & Gabi Schlag, Securitizing images: The female body and the war in Afghanistan
- Jelena Subotic & Ayşe Zarakol, Cultural intimacy in International Relations
- Edward Keene, Social status, social closure and the idea of Europe as a ‘normative power’
The two-volume publication is one of the first attempts to systematically address both international climate change law and global climate change governance. The two-volume publication deals with international law and the multiple regulatory regimes reflecting fragmentation in the absence of a universal climate change regime. International climate change law, global climate governance and diplomacy are interrelated and extremely complex: The publications explore these areas from a variety of doctrinal, transdisciplinary and thematic perspectives.
Volume I assesses the most pressing impacts of climate change on various international law regimes. The main focus lies on international climate change law as a new international law discipline; climate change and human rights; climate change, international trade and investment law; the law of the sea and sea level rise; judicial review and international climate change litigation; other subjects such as mitigation regulation, natural resource management and climate-engineering.
Volume II reflects on the United Nations Convention on Climate Change (UNFCCC) and the most pressing impacts of climate change on international diplomacy and global governance. This is highlighted from various transdisciplinary and geopolitical perspectives with a special focus on the challenge of strengthening national and international climate change policy, sustainable development and increasing equity around the world, which goes beyond the capacity of national governments. Various international climate change cooperation and protection efforts are analysed, also in the context of global security, climate induced migration movements, adaptation and the loss and damage debate.
La « fragmentation » est devenue une métaphore fondamentale, bien que controversée, de la doctrine du droit international à l’ère de la globalisation. Le concept d’unité, qui se situe au cœur du débat sur la fragmentation, n’a pourtant fait l’objet à ce jour d’aucune véritable mise en perspective théorique. Le plus souvent, le concept est utilisé de manière intuitive, sans être véritablement explicité. Le présent ouvrage s’emploie à dissiper ce flou théorique et aborde du point de vue de la philosophie du droit les possibles significations du concept d’unité dans le champ du droit international.
A relatively new frontier for legal and policy analysis, technical barriers to trade (TBT’s) have become more common as traditional border barriers have been reduced. This comprehensive Handbook comprises original essays by eminent trade scholars exploring the implications of the WTO’s TBT Agreement. The TBT Agreement imposes disciplines on the manner in which WTO member countries adopt and maintain technical measures, recognizing the importance of such measures to advance legitimate domestic policy goals such as health, safety and environmental objectives, but also the potential for technical measures to constitute barriers to trade. The contributors to this volume provide an in-depth examination of the text of the Agreement and how the WTO’s dispute settlement system, the TBT Committee, WTO members, and other international organizations have engaged with and been affected by it.
Thursday, December 5, 2013
2014 ILA British Branch Spring Conference
23 - 24 May 2014 - King's College London, Dickson Poon School of Law
Foundations and Futures of International Law
The time is ripe both to revisit the foundations of international law and to imagine its possible futures. Once the preserve of a small community of specialised academics and practitioners, international law increasingly plays an important role in cases decided by national courts; it is at the centre of renewed interest by political and legal theorists; and in many countries (Britain among them) it even shapes public argument on foreign policy, national security and the resort to armed force. Amidst these developments one finds different methodological approaches seeking to explain the role of international law, as well as different instrumental camps using international law to advocate particular priorities.
The organisers of this year’s Spring Conference of the British Branch of the ILA are particularly interested in contributions that shed new light on the following foundational questions: the relationship between international, regional and domestic legal orders; the identification and development of customary international law; and the regulation of armed conflict. Re-examining foundations in the light of new information and modes of thinking leads naturally to the imagination of possible futures. In this respect we are also seeking papers that explore the relevance of new theoretical paradigms (for example, the idea of transnational law) or analyse issues of concern to present and future generations, such as combatting climate change, preventing human trafficking, managing financial risk, encouraging businesses to respect human rights and promoting socially responsible investment.
This conference will combine pace-setting panels with keynote speeches that will present a striking vision of lawmaking in the future.
The organisers also welcome the submission of unsolicited proposals. These should be one page long and sent to firstname.lastname@example.org by 30 January 2014.
- Christoph J. Schewe, Russia in the WTO: The Bear on a Leash? Russia in International Trade Disputes and the Added Value of a WTO Membership
- Haroldo Ramanzini Júnior & Marcelo Passini Mariano, Brazil and the G-20: Domestic Pressures and the Construction of the Negotiating Position in the Doha Round of the WTO
- Hemali Shah & Aashish Srivastava, Authentication and Recognition Issues in Cross-Border Single Window
- Piotr Szwedo, Water Footprint and the Law of WTO
- Manisha Sinha, An Evaluation of the WTO Committee on Trade and Environment
- James Munro, Pushing the Boundaries of ‘Products’ and ‘Goods’ under GATT 1994: An Analysis of the Coverage of New and Unorthodox Articles of Commerce
- Manjiao Chi, Trade-Plus Effects of WTO Dispute Settlement on China: An Ideal or Illusion?
- 20th Anniversary Special Issue
- Juliet Johnson, Daniel Mügge, Leonard Seabrooke, Cornelia Woll, Ilene Grabel & Kevin P. Gallagher, The future of international political economy: Introduction to the 20th anniversary issue of RIPE
- John M. Hobson, Part 1 – Revealing the Eurocentric foundations of IPE: A critical historiography of the discipline from the classical to the modern era
- John M. Hobson, Part 2 – Reconstructing the non-Eurocentric foundations of IPE: From Eurocentric ‘open economy politics’ to inter-civilizational political economy
- J. C. Sharman & Catherine Weaver, RIPE, the American School and diversity in global IPE
- Peter J. Katzenstein & Stephen C. Nelson, Reading the right signals and reading the signals right: IPE and the financial crisis of 2008
- Pierre Klein, Les articles sur la responsabilité des organisations internationales : quel bilan tirer des travaux de la CDI ?
- Sarah Cassella, Le Guide de la pratique sur les réserves aux traités : une nouvelle forme de codiﬁ cation ?
- Geraldine Giraudeau, La naissance du Soudan du Sud : la paix impossible ?
- Muriel Ubeda Saillard, Au cœur des relations entre violence et droit : la pratique des meurtres ciblés au regard du droit international
- Loïc Simonet, L’usage de la force dans le cyberespace et le droit international
- Alisdair A. Gillespie, Adolescents, Sexting and Human Rights
- Phil C. W. Chan, Human Rights and Democracy with Chinese Characteristics?
- Anthony Cullen & Steven Wheatley, The Human Rights of Individuals in De Facto Regimes under the European Convention on Human Rights
- John Ip, The Reform of Counterterrorism Stop and Search after Gillan v United Kingdom
- Shorter Articles and Recent Developments
- Dominic McGoldrick, Developments in the Right to be Forgotten
- Martin Kuijer, The Right to a Fair Trial and the Council of Europe’s Efforts to Ensure Effective Remedies on a Domestic Level for Excessively Lengthy Proceedings
- Interview with John G. Ruggie
- Business meets conflict: only risks or also opportunities?
- Hugo Slim, Business actors in armed conflict: towards a new humanitarian agenda
- Achim Wennmann, The role of business in armed violence reduction and prevention
- Business and the law – in armed conflict and other situations of violence
- Sarah Percy, Regulating the private security industry: a story of regulating the last war
- Rachel Davis, The UN Guiding Principles on Business and Human Rights and conflict-affected areas: state obligations and business responsibilities
- Joanna Kyriakakis, Developments in international criminal law and the case of business involvement in international crimes
- Simon O'Connor, Corporations, international crimes and national courts: a Norwegian view
- The Practice
- Scott Jerbi, Assessing the roles of multi-stakeholder initiatives in advancing the business and human rights agenda
- Barbara Dubach & Maria Teresa Machado, The importance of stakeholder engagement in the corporate responsibility to respect human rights
- John Bray & Antony Crockett, Responsible risk-taking in conflict-affected countries: the need for due diligence and the importance of collective approaches
- Claude Voillat, Pushing the humanitarian agenda through engagement with business actors: the ICRC's experience
Wednesday, December 4, 2013
- Ilias Plakokefalos, Prevention Obligations in International Environmental Law
- Simone Borg, The Influence of International Case Law on Aspects of International Law Relating to the Conservation of Living Marine Resources beyond National Jurisdiction
- Leslie-Anne Duvic-Paoli, The Status of the Right to Public Participation in International Environmental Law: An Analysis of the Jurisprudence
- Xiaoqin Zhu & Jinlong He, International Court of Justice’s Impact on International Environmental Law: Focusing on the Pulp Mills Case
- Yubing Shi, The Challenge of Reducing Greenhouse Gas Emissions from International Shipping: Assessing the International Maritime Organization’s Regulatory Response
- T. Atangana-malongue, Libres interrogations d'une civiliste sur l'homosexualité au Cameroun
- E. Mbandji Mbena, Le cautionnement en procédure pénale à travers la liberté sous caution - Étude de droit camerounais
- B. Kujirakwinja Kalinda, L'immunité de juridiction pénale des membres du personnel militaire d'une opération de maintien de la paix des Nations Unies - Cas de la Monusco
- E. Falla, Vers un mécanisme belge d'accord de réparation collective : quels enseignements pouvons- nous tirer de l'expérience néerlandaise ?
- Keefe, Patrick Radden. Reversal of fortune: the Lago Agrio litigation
- Theodore J. Boutrous, Jr., Ten lessons from the Chevron litigation: the defense perspective
- Judith Kimerling, Lessons from the Chevron Ecuador litigation: the proposed intervenors’ perspective
- S.I. Strong, Discovery under 28 U.S.C. § 1782: distinguishing international commercial arbitration and international investment arbitration
- Michael D. Goldhaber, The rise of arbitral power over domestic courts
- Howard M. Erichson, The Chevron-Ecuador dispute: forum non conveniens, and the problem of ex ante inadequacy
- Manuel A. Gómez, The global chase: seeking the recognition and enforcement of the Lago Agrio judgment outside of Ecuador
- Christopher A. Whytock, Some cautionary notes on the “Chevronization” of transnational litigation
- Catherine A. Rogers, When bad guys are wearing white hats
- Burt Neuborne, A plague on both their houses: a modest proposal for ending the Ecuadorian rainforest wars
- Robin Churchill, Dispute Settlement in the Law of the Sea: Survey for 2012
- Barbara Kwiatkowska, Submissions to the UN Commission on the Limits of the Continental Shelf: The Practice of Developing States in Cases of Disputed and Unresolved Maritime Boundary Delimitations or Other Land or Maritime Disputes. Part Two
- Hui Zhang, The Sponsoring State’s ‘Obligation to Ensure’ in the Development of the International Seabed Area
- Gino Naldi, The Status of the Disputed Waters Surrounding Gibraltar
- Kurt Jacobsen, Why Freud matters: Psychoanalysis and international relations revisited
- Iain Wilson, Darwinian reasoning and Waltz’s Theory of International Politics: Elimination, imitation and the selection of behaviours
- Jonathan Graubart & Latha Varadarajan, Taking Milosevic seriously: Imperialism, law, and the politics of global justice
- Michael Neu, The tragedy of justified war
- Richard Devetak, Sebastian Kaempf, & Martin Weber, Conversations in International Relations: Interview with Andrew Linklater
Lekkas & Tzanakopoulos: Pacta Sunt Servanda versus Flexibility in the Suspension and Termination of Treaties
This paper explores the presumptive tension between the pacta sunt servanda rule (the rule that commitments ought to be honoured) and the possibility for unilateral or consensual suspension or termination of treaties. It argues that the pacta sunt servanda rule seems able to accommodate the various methods of suspension or termination: under the general international law of treaties, termination or suspension is not actually unilateral; only the invocation of relevant grounds is. Further, both grounds for suspension or termination, as well as defences under the law of responsibility (which achieve results similar to suspension) are narrow and thus hard to invoke successfully. Finally, the law allows states to devise their own exit clauses in treaties. This leads to very broad exit clauses allowing for unilateral termination or withdrawal. This however being part of the pactum, it does not formally put pressure on the pacta sunt servanda rule.
Tuesday, December 3, 2013
Workshop: Africa 2013 - Was There Something Missed in the Decolonization Process? The International Law Perspective
The Young Scholars Workshop on International Law is a periodic initiative taking place in Italy since 2003. It is aimed at providing a critical discussion forum in which early career academics, doctoral students, and young legal professionals are encouraged to present their research on specific topics of international law.
The XI edition of the Workshop will address the decolonization of Africa, a phenomenon that has been praised (including by several African States) as a success story of the United Nations. Nevertheless, recent phenomena of relevance for international law may cast shadows over this suggestion, especially if the decolonization process is considered from a broader economic, cultural and institutional perspective. More than half a century from the adoption of the fundamental General Assembly resolutions on self-determination and on the 50th anniversary of the establishment of the OAU, the Workshop intends to address a fundamental research question: Has formal independence released African States from patterns of dominance by former colonial powers, other States, and transnational corporations?
Benedetti, Bonneau & Washburn: Negotiating the International Criminal Court: New York to Rome, 1994-1998
This is the story and analysis of the unforeseen and astonishing success of negotiations by many countries to create a permanent international court to try atrocities. In 1998, 120 countries astounded observers worldwide and themselves by adopting the Rome Statute for an International Criminal Court. From this event began important and unprecedented changes in international relations and law.
This book is for those who want to know and understand the reasons and the story behind these historic negotiations or for those who may wonder how apparently conventional United Nations negotiations became so unusual and successful. This book is both for those who seek detailed legislative history, scholars or practitioners in international law and relations and those simply curious about how the Court came about.
International legal positivism has been crucial to the development of international law since the nineteenth century. It is often seen as the basis of mainstream or traditional international legal thought. The Project of Positivism in International Law addresses this theory in the long-standing tradition of critical intellectual histories of international law. It provides a nuanced analysis of the resilience of the economic-positivist theory, and shows how influential its role was in shaping the modern frameworks of international law. The book argues that the rise of positivist international law was inseparable from philosophical developments placing the notion of conflict of interests at the centre of collective life. Where previously international thought was dominated by notions of the right, the just, and the good, increasingly international relations became viewed as 'interests' in need of harmonisation. In this context, international law was re-founded as the universal law that could harmonise the interests of both public and private international entities.
The book argues that these evolutions in philosophical thought were bound up with the consolidation of capitalism, and with the ideas about human existence and human nature which emerged in that process. It provides an innovative analysis of the selected biography of ideas which it presents, including a detailed focus on the work of Hans Kelsen, one of the leading positivist thinkers of the twentieth century. It also argues that the work of Lassa Oppenheim should be included within this analysis, as providing some of the key founding texts of positivism in international law. This book will be a fascinating read for scholars and students of international legal theory, historians of ideas, and legal philosophers.
International child abduction is one of the most emotionally charged and fascinating areas of family law practice. The 1980 Hague Convention on the Civil Aspects of International Child Abduction was the response of the international community to the increase in the phenomenon of parental child abduction. However, behind the widely acclaimed success of this Convention - which has now been ratified by more than 90 states - lie personal tragedies, academic controversy and diplomatic tensions.
The continuing steady flow of case-law from the various Member-States has resulted in the emergence of different approaches to the interpretation of key concepts in the Convention. In addition, over the years other global and regional legal instruments and the recommendations of the Special Commissions have had an impact on the implementation of the Convention.
This book brings together all these strands and provides an up-to-date, clear and highly readable discussion of the international operation of the Abduction Convention together with in-depth critical academic analysis in light of the objectives of the Convention and other relevant legal norms, such as the 1989 UN Convention on the Rights of the Child. Throughout the book, examples are brought from case-law in many jurisdictions and reference is made to relevant legal and social science literature and empirical research.
Over the past decade, increasing focus has been placed on what might be seen as procedural issues, such as separate representation for children, undertakings, judicial liaison and mediation. The book analyses the significance of these developments and the extent to which they can help resolve the continuing tension between some of the objectives of the Convention and the interests of individual children.
This book examines the extent to which international law places obligations directly on corporate entities. It is often argued that corporations are bound by, inter alia, the same human rights and environmental obligations that states have. This book examines the source of these supposed obligations in treaty law, international custom, and in internationalized contracts, to determine whether they really can be transposed to corporations so easily.
The focus of the book is on the regulation by international law of private corporate conduct. It examines whether corporate obligations, namely obligations binding directly upon a corporation under positive international law, have indeed emerged, and if so, whether corporations may be systemically included in the predominantly state-centric framework of international law. It investigates the challenges facing international law as a result of the potential emergence of corporate obligations, and engages in a structural analysis of what corporate obligations under international human rights law might entail. Ultimately, it warns against conceptualizing corporations as both holders and potential violators of human rights, explaining why they are not automatically bound by the same obligations that are imposed on states.
Monday, December 2, 2013
- Special Theme: Africa and International Law – Reality and Desire
- Makane Mbengue & Ignacio de la Rasilla del Moral, Introduction: Africa and International Law – Reality and Desire
- Fréderic Mégret, Droit international et esclavage : Pour une réévaluation
- Mohammad Shahabuddin, The Colonial “Other” in the Nineteenth Century German Colonisation of Africa, and International Law
- Awalou Ouedraogo, Éléments d’une philosophie du droit international en Afrique
- Niki Aloupi, Pays en développement et zone économique exclusive
- Prabhakar Singh, International Law as an Intimate Enemy
- William Onzivu, International Climate Change Law, Health Promotion and Evolving Domestic Climate Law in Developing Countries
- Rowland J. V. Cole, Africa’s Approach to International Law: Aspects of the Political and Economic Denominators
- General Articles
- Busalile Jack Mwimali, The Philosophy of Human Rights: Conceptualising Fair Trial in Criminal Justice Discourses
- Abdoulaye T. Soma, Les relations entre l’Union africaine et la Communauté économique des Etats de l’Afrique de l’Ouest en matière de maintien de la paix
- Moetsi Duchatellier & Mutoy Mubiala, La Convention de l’Union africaine sur la protection et l’assistance aux personnes déplacées en Afrique : une codification régionale des principes directeurs des Nations Unies relatifs au déplacement de populations
- Chrysanthus Ache & Charles Riziki Majinge, International Law as a Mechanism to Advance the Rights of the Displaced in Africa: Examining the Role of the African Union Convention for the Protection and Assistance of the Internally Displaced Persons in Africa
- Hilary Charlesworth & Christine Chinkin, The New United Nations “Gender Architecture”: A Room with a View?
- Marcus Schladebach, Space Debris as a Legal Challenge
- Peter Hilpold, The League of Nations and the Protection of Minorities – Rediscovering a Great Experiment
- Thomas O. Hansen, Reflections on the ICC Prosecutor’s Recent “Selection Decisions”
- James L. Kateka, Advisory Proceedings before the Seabed Disputes Chamber and before the ITLOS as a Full Court
- Ally Possi, The East African Court of Justice: Towards Effective Protection of Human Rights in the East African Community
- Leonie Hensgen, Corruption and Human Rights – Making the Connection at the United Nations
- The Tallinn Manual on the International Law Applicable to Cyber Warfare
- Wolff Heintschel von Heinegg, The Tallinn Manual and International Cyber Security Law
- Nicholas Tsagourias, The Tallinn Manual on the International Law Applicable to Cyber Warfare: A Commentary on Chapter II—The Use of Force
- Rain Liivoja & Tim McCormack, Law in the Virtual Battlespace: The Tallin Manual and the Jus in Bello
- Child Soldiers and the Lubanga case
- Sylvain Vité, Between Consolidation and Innovation: The International Criminal Court’s Trial Chamber Judgment in the Lubanga Case
- Mark A. Drumbl, The Effects of the Lubanga Case on Understanding and Preventing Child Soldiering
- Joe Tan, Sexual Violence Against Children on the Battleﬁeld as a Crime of Using Child Soldiers: Square Pegs in Round Holes and Missed Opportunities in Lubanga
- Other Articles
- Alon Margalit, The Duty to Investigate Civilian Casualties During Armed Conﬂict and Its Implementation in Practice
- Christophe Paulussen & Jessica Dorsey, Year in Review 2012
This essay surveys the different procedures by which international organizations appoint their executive heads — whether designated president, secretary-general, managing director, or some other title. Such procedures vary according to their formal processes, ranging from the appointment by a plenary body or a subgroup to cases in which appointment is delegated to a specific set of member states, as well as in the informal influence that certain member states may have. Regional and national criteria may play a role, including various forms of rotation by region or alphabetical order of member states. Less attention tends to be paid to the qualifications of executive heads. The full chapter includes a discussion of the appointment as well as functions and independence of executive heads of international organizations.
- Jennifer Trahan, The Relationship Between the International Criminal Court and the U.N. Security Council: Parameters and Best Practices
- Ignaz Stegmiller, The International Criminal Court and Mali: Towards More Transparency in International Criminal Law Investigations?
- Barry Mitchell & Julian V. Roberts, Bringing Principles and Fairness to the Sentencing of Murder
- Kumaralingam Amirthalingam, Criminal Justice and Diversionary Programmes in Singapore
Sunday, December 1, 2013
- Current Events
- Carsten Stahn, Syria and the Semantics of Intervention, Aggression and Punishment: On ‘Red Lines’ and ‘Blurred Lines’
- Eugene Kontorovich, Israel/Palestine — The ICC’s Uncharted Territory
- Irena Giorgou, State Involvement in the Perpetration of Enforced Disappearance and the Rome Statute
- Symposium - Justice for All? Ten Years of the International Criminal Court in the Asia-Pacific Region
- Sarah Williams & Andrew Byrnes, Foreword
- Steven Freeland, International Criminal Justice in the Asia-Pacific Region: The Role of the International Criminal Court Treaty Regime
- Amrita Kapur, Asian Values v. The Paper Tiger: Dismantling the Threat to Asian Values Posed by the International Criminal Court
- Daragh McGreal, A Rationalist View of Rome Statute Ratification in the Pacific Region
- Christoph Sperfeldt, From the Margins of Internationalized Criminal Justice: Lessons Learned at the Extraordinary Chambers in the Courts of Cambodia
- Cases Before International Tribunals
- Sarah Williams, The Extraordinary African Chambers in the Senegalese Courts: An African Solution to an African Problem?