- Michele Betsill, Navroz K. Dubash, Matthew Paterson, Harro van Asselt, Antto Vihma, & Harald Winkler, Building Productive Links between the UNFCCC and the Broader Global Climate Governance Landscape
- David Meek, Counter-Summitry: La Via Campesina, the People’s Summit, and Rio+20
- Research Articles
- Jonas Meckling, Oppose, Support, or Hedge? Distributional Effects, Regulatory Pressure, and Business Strategy in Environmental Politics
- Brendan Coolsaet & John Pitseys, Fair and Equitable Negotiations? African Influence and the International Access and Benefit-Sharing Regime
- Sebastian Harnisch, Stephanie Uther, & Miranda Boettcher, From ‘Go Slow’ to ‘Gung Ho’? Climate Engineering Discourses in the UK, the US, and Germany
- Nina Hall, Money or Mandate? Why International Organizations Engage with the Climate Change Regime
- Itay Fischhendler, Daniel Nathan, & Dror Boymel, Marketing Renewable Energy through Geopolitics: Solar Farms in Israel
- David J. Gordon, An Uneasy Equilibrium: The Coordination of Climate Governance in Federated Systems
- Book Review Essay
- Anya M. Galli, Security or Sovereignty? Institutional and Critical Approaches to the Global Food Crisis
Saturday, May 2, 2015
Friday, May 1, 2015
The question of when or if a nation should intervene in another country’s affairs is one of the most important concerns in today’s volatile world. Taking John Stuart Mill’s famous 1859 essay “A Few Words on Non-Intervention” as his starting point, international relations scholar Michael W. Doyle addresses the thorny issue of when a state’s sovereignty should be respected and when it should be overridden or disregarded by other states in the name of humanitarian protection, national self-determination, or national security. In this time of complex social and political interplay and increasingly sophisticated and deadly weaponry, Doyle reinvigorates Mill’s principles for a new era while assessing the new United Nations doctrine of responsibility to protect.
- Paula Giliker, The Influence of EU and European Human Rights Law on English Private Law
- Catherine Turner, Transitional Constitutionalism and the Case of the Arab Spring
- Lawrence Hill-Cawthorne, Humanitarian Law, Human Rights Law and the Bifurcation of Armed Conflict
- Jason M Pobjoy, The Best Interests of the Child Principle as an Independent Source of International Protection
- Hitoshi Nasu, State Secrets Law and National Security
- David McKeever, Evolving Interpretation of Multilateral Treaties: ‘Acts Contrary to the Purposes and Principles of the United Nations’ in the Refugee Convention
- Shorter Articles
- Stephan Hollenberg, The Diverging Approaches of the European Court of Human Rights in the Cases of Nada and Al-Dulimi
- Caroline Foster, A New Stratosphere? Investment Treaty Arbitration as ‘Internationalized Public Law’
Un état des lieux quasi exhaustif des normes régionales et internationales relatives aux conditions de détention. Sur le contenu Par une analyse exhaustive et critique de la jurisprudence des organes internationaux de protection des droits de l’homme (Cours européenne, interaméricaine, africaine et Comités onusiens) et des instruments normatifs (résolutions et recommandations), cet ouvrage présente les standards communs ainsi que les divergences qui existent en matière de conditions de détention, qu’il s’agisse des normes applicables à la prison ou à d’autres lieux privatifs de liberté. Cet ouvrage va cependant plus loin que ce simple état des lieux: il analyse les influences qui existent entre les différents organes créateurs de normes pénitentiaires et les transformations normatives qu’elles engendrent. Ainsi, dans une matière régie principalement par des normes de soft law, ces influences permettent la mise en exergue de normes contraignantes pour les Etats.
- Chiedu Osakwe, Future of the Multilateral Trading System: Why the WTO Remains Indispensable?
- Ernst-Ulrich Petersmann, How to Reconcile Health Law and Economic Law with Human Rights? Administration of Justice in Tobacco Control Disputes
- Krista Nadakavukaren Schefer, Gains from Trade? How WTO Law could Affect Members’ Efforts to Fight Obesity by Encouraging Physical Activity
- Lukasz Gruszczynski, The New Tobacco Products Directive and WTO Law: Much Ado about Nothing?
- Locknie Hsu, Regulatory Flexibilities and Tensions in Public Health and Trade – An Asian Perspective
- Asif H. Qureshi, Coherence in the Public International Law of Taxation Developments in International Taxation and Trade and Investment Related Taxation
- June He, China-Canada Seal Import Deal after the WTO EU-Seal Products Case at the Crossroad
- Chien-Huei Wu, Key Issues Regarding the EU’s Concurrent Imposition of Anti-Dumping and Countervailing Duties Against Chinese Coated Fine Papers: Analogue Country, Market Economy Treatment, Individual Treatment, and Double Remedy
- Michael Luptone, The Ethics of the VeriChip Human Implant
Farahat: Enhancing ‘Constitutional Justice’ by Using External References: The ECtHR's Reasoning on the Protection Against Expulsion
This paper argues that the European Court of Human Rights significantly contributed to an important shift in migration law beginning in the late 1980s and resulting in a significantly enhanced scheme for protection against expulsion in Europe. This reflects the changing role of the ECtHR from a court primarily concerned with providing ‘individual justice’ to a court aiming at enabling ‘constitutional justice’.
The aim of the paper is to contextualize this shift with a historical view and to understand it in methodological terms. It argues that the Court supports its dynamic interpretation of the right to privacy in Article 8 of the European Convention of Human Rights in crucial judgments by reference to often non-binding documents issued by the Council of Europe. In this regard, the case of protection against expulsion illustrates a particular feature of the Court’s turn to ‘constitutional justice’, namely the increased application of the principle of systemic integration. Then, the paper will scrutinize the impact of the ECtHRs enhanced protection scheme on domestic migration law by using Germany as a case study. It claims that the ECtHR arguably became a crucial agent in transforming international human rights standards into binding domestic law. However, the paper reveals that once the substantial standard developed by the ECtHR has been formally implemented in domestic law domestic decisions are reviewed with significantly less scrutiny. This limited impact may again be explained by the ‘constitutional turn’ which results in a pragmatic tendency to proceduralisation in the jurisprudence of the ECtHR.
Thursday, April 30, 2015
- Just War Theory
- Cian O'Driscoll, Rewriting the Just War Tradition: Just War in Classical Greek Political Thought and Practice
- Valerie Morkevičius, Power and Order: The Shared Logics of Realism and Just War Theory
- Democracies and Non-Democracies
- Julia Bader, China, Autocratic Patron? An Empirical Investigation of China as a Factor in Autocratic Survival
- Sarah Sunn Bush & Amaney A. Jamal , Anti-Americanism, Authoritarian Politics, and Attitudes about Women's Representation: Evidence from a Survey Experiment in Jordan
- David Lektzian & Dennis Patterson, Political Cleavages and Economic Sanctions: The Economic and Political Winners and Losers of Sanctions
- Transnational Politics
- Tina Freyburg, Transgovernmental Networks as an Apprenticeship in Democracy? Socialization into Democratic Governance through Cross-national Activities
- Nick Dragojlovic, Listening to Outsiders: The Impact of Messenger Nationality on Transnational Persuasion in the United States
- Colin M. Barry, Sam R. Bell, K. Chad Clay, Michael E. Flynn & Amanda Murdie, Choosing the Best House in a Bad Neighborhood: Location Strategies of Human Rights INGOs in the Non-Western World
- Mark T. Buntaine, Accountability in Global Governance: Civil Society Claims for Environmental Performance at the World Bank
- Victor Asal, H. Brinton Milward & Eric W. Schoon, When Terrorists Go Bad: Analyzing Terrorist Organizations’ Involvement in Drug Smuggling
- Interstate Conflict and War
- Sam R. Bell & Jesse C. Johnson, Shifting Power, Commitment Problems, and Preventive War
- Terrence L. Chapman, Patrick J. McDonald & Scott Moser, The Domestic Politics of Strategic Retrenchment, Power Shifts, and Preventive War
- Jeff Carter & Glenn Palmer, Keeping the Schools Open While the Troops are Away: Regime Type, Interstate War, and Government Spending
- Civil Wars
- Hyun Jin Choi & Clionadh Raleigh, Dominant Forms of Conflict in Changing Political Systems
- Sunhee Park, Power and Civil War Termination Bargaining
- Neil Narang, Assisting Uncertainty: How Humanitarian Aid can Inadvertently Prolong Civil War
- Barton Legum, Of Definitions and Disregard: An Editorial
- Case Comments
- Agora: Yukos Universal Limited (Isle of Man) v The Russian Federation
- Andrew Newcombe, Yukos Universal Limited (Isle of Man) v The Russian Federation: An Introduction to the Agora
- Tarcisio Gazzini, Yukos Universal Limited (Isle of Man) v The Russian Federation: Provisional Application of the ECT in the Yukos Case
- Christopher S Gibson, Yukos Universal Limited (Isle of Man) v The Russian Federation: A Classic Case of Indirect Expropriation
- Aloysius Llamzon, Yukos Universal Limited (Isle of Man) v The Russian Federation: The State of the ‘Unclean Hands’ Doctrine in International Investment Law: Yukos as both Omega and Alpha
- Irmgard Marboe, Yukos Universal Limited (Isle of Man) v The Russian Federation: Calculation of Damages in the Yukos Award: Highlighting the Valuation Date, Contributory Fault and Interest
- Julien Fouret & Pierre Daureu, Yukos Universal Limited (Isle of Man) v The Russian Federation: Enforcement of the Yukos Awards: A Second Noga Saga or a New Sedelmayer Fight?
- Eric De Brabandere, Yukos Universal Limited (Isle of Man) v The Russian Federation: Complementarity or Conflict? Contrasting the Yukos Case before the European Court of Human Rights and Investment Tribunals
- Antony Anghie, Deutsche Bank AG v Democratic Socialist Republic of Sri Lanka: ‘All that is Solid Melts into Air’
- Sam Wordsworth, QC & Chester Brown, A Re-run of Siemens, Wintershall and Hochtief on Most-Favoured-Nation Clauses: Daimler Financial Services AG v Argentine Republic
- Rudolf Dolzer, ConocoPhillips v Venezuela and Gold Reserve v Venezuela: Expropriation: A New Focus on Old Issues
- Dávid Pusztai, Vigotop Limited v Hungary: (Re)defining the threshold of expropriatory contract termination
- Eda Cosar Demirkol Admissibility of Claims for Reflective Loss Raised by the Shareholders in Local Companies in Investment Treaty Arbitration
- Inna Uchkunova & Oleg Temnikov, Toss out the Baby and Put the Water to Bed: On MFN Clauses and the Significance of Treaty Interpretation
- Antony Crockett, Indonesia’s Bilateral Investment Treaties: Between Generations?
- Shotaro Hamamoto, Parties to the ‘Obligations’ in the Obligations Observance (‘Umbrella’) Clause
- Jurgen Kurtz & Luke Nottage, Investment Treaty Arbitration ‘Down Under’: Policy and Politics in Australia
CALL FOR PAPERS
MELBOURNE JOURNAL of INTERNATIONAL LAW
The Editors of the Melbourne Journal of International Law (‘MJIL’) invite submissions on areas of interest in international law for volume 16 issue two. MJIL will also consider submissions that do not necessarily fall neatly into the traditional public/private international law categories, including transnational law issues, domestic court interpretations of international law and submissions that adopt a comparative law approach to analyse international law. Issue 16(2) will be published in December 2015.
MJIL, Australia’s premier generalist international law journal, is a peer-reviewed academic journal run through the Melbourne Law School at the University of Melbourne. MJIL’s objective is to facilitate scholarly research and critical discussion of private and public international law issues.
MJIL publishes articles, commentaries, case notes and book reviews. Articles for 16(2) should be in the vicinity of 10,000 to 15,000 words in length and be an original and detailed contribution to international and/or transnational law scholarship. Commentaries should explore recent developments in a specific field and their practical applications, and should be between 5,000 and 8,000 words in length. For more details, please visit our website.
All articles, case notes, commentaries and review essays published in MJIL are subjected to a double-blind refereeing process, involving at least two specialists in the field. Once accepted for publication, submissions will then be edited for compliance with the Australian Guide to Legal Citation. Authors have an opportunity to review the final version of the piece prior to publication. Our publication policy can be accessed here.
All submissions should be sent to firstname.lastname@example.org in Word format, together with a signed publication policy.
The submission deadline for 16(2) is 1 July 2015.
- Editorial Comment
- Miguel de Serpa Soares, Room for Growth: The Contribution of International Law to Development
- Alexander Orakhelashvili, Unlocking the Unreal: An Inter-disciplinary Take on Hedley Bull's Notions of “International Society” and “International Order”
- Zou Keyuan & Liu Xinchang, The Legal Status of the U-shaped Line in the South China Sea and Its Legal Implications for Sovereignty, Sovereign Rights and Maritime Jurisdiction
- Sienho Yee, Intervention in an Arbitral Proceeding under Annex VII to the UNCLOS?
- Daniele Amoroso, Judicial Abdication in Foreign Affairs and the Effectiveness of International Law
- Qiu Jun, The CLCS Modalities for Handling Submissions Involving Disputes and Their Possible Application to the South China Sea
- Carlos R. Hernández-Salas, Seamounts Protection in the Pacific Insular Region of Chile
Wednesday, April 29, 2015
- Alexandra Huneeus, Reforming the State from Afar: Structural Reform Litigation at the Human Rights Courts
- Intisar A. Rabb, "Reasonable Doubt" in Islamic Law
- Mark Wu, Rethinking the Temporary Breach Puzzle: A Window on the Future of International Trade Conflicts
The conference will seek to expand the Asia and Pacific regional network of law professionals and will for the first time bring together the United Nations into the AsianSIL network to discuss rule of law and sustainable development with an emphasis on the 2015 integration of the ASEAN nations to the ‘ASEAN Community’ and the ‘Asia Cooperation Dialogue’ (ACD) with academia, policy makers, private law firms, judges and prosecutors.
The theme for the annual SLS (International Law Section)-BIICL Conference on Theory and International Law is the concept of remoteness - distance in time and through space - in relation to the use of force and in the context of armed conflict.This event will feature three panels:
- Panel 1: The Utility and Ethics of Remotely Operated Weapons
- Panel 2: Remoteness and the Jus ad Bellum
- Panel 3: Remoteness and the Jus in Bello
- Emmanuel Gaillard, Sociology of international arbitration
- Charles N. Brower & Sarah Melikian, ‘We Have Met The Enemy And He Is US!’ Is the industrialized North ‘Going South’ on investor–State arbitration?
- Jacomijn J van Haersolte-van Hof & Erik V Koppe, International arbitration and the lex arbitri
- Louis Flannery & Robert Merkin, Emirates Trading, good faith, and pre-arbitral ADR clauses: a jurisdictional precondition?
- Laurent Gouiffès & Melissa Ordonez, Jurisdiction and admissibility: are we any closer to a line in the sand?
- Pieter Serneels & Marijke Verpoorten, The Impact of Armed Conflict on Economic Performance: Evidence from Rwanda
- Judith M. Bretthauer, Conditions for Peace and Conflict: Applying a Fuzzy-Set Qualitative Comparative Analysis to Cases of Resource Scarcity
- Leonardo Baccini & Andreas Dür, Investment Discrimination and the Proliferation of Preferential Trade Agreements
- Arzu Kibris, The Conflict Trap Revisited: Civil Conflict and Educational Achievement
- Edy Glozman, Netta Barak-Corren, & Ilan Yaniv, False Negotiations: The Art and Science of Not Reaching an Agreement
- Timothy M. Peterson, Insiders versus Outsiders: Preferential Trade Agreements, Trade Distortions, and Militarized Conflict
- Benjamin E. Bagozzi, Daniel W. Hill, Jr, Will H. Moore, & Bumba Mukherjee, Modeling Two Types of Peace: The Zero-inflated Ordered Probit (ZiOP) Model in Conflict Research
Tuesday, April 28, 2015
Hilpold: Understanding Solidarity within EU Law: An Analysis of the "Islands of Solidarity" with Particular Regard to Monetary Union
Solidarity has always been an important element of European integration law and with the Treaty of Lisbon this principle has received even more prominence. But what does this concept mean and how should it be implemented? Within several areas of European integration law, for example regional policy, asylum, development cooperation and economic and monetary Union, the principle of solidarity is regularly invoked when the existing law has to be interpreted or further developed. In this context it is striking to see how talk about solidarity is suited to stir up emotions, often associated with the fact, that each party understands something different by this expression. In this contribution an effort will be made to unearth the very foundations of solidarity as it applies in the law of the European Union. It will be shown that solidarity within EU law has a strong reciprocal (or mutualistic) nature. This means that contributions are given with the hope to receive some day counter-contributions or with the intent to pursue a common goal. Understood in this sense solidarity can be a useful instrument to further strengthen the European order. On the contrary, if this reciprocal context is left and solidarity is interpreted as an obligation for altruistic redistribution of resources on a regional or a global level (for example by creating a transfer union healing all budgetary sins by single Member States on a central level) the functionability and the basic consensus of European integration could be undermined.
- Patrick M. Norton, The Use of Precedents in Investment Treaty Arbitration Awards
- Elsa A. Paparemborde, Preventive Requests for the Enforcement of Foreign Arbitral Awards: Toward an Effective Filtering Mechanism Under the New York Convention
- Rémy Gerbay, Is the End Nigh Again? An Empirical Assessment of the "Judicialization" of International Arbitration
- Armand M. Paré, Jr, Nationwide Arbitration Subpoenas Under the United States Arbitration Act
- Benjamin G. Davis, American Diversity in International Arbitration 2003-2013
- David Weiss & Brian Hodgkinson, Adoptive Arbitration: An Alternative Approach to Enforcing Cross-Border Mediation Settlement Agreements
- Andreas Respondek, Arbitration in Germany
- Roland Paris, Responsibility to Protect: The Debate Continues
- Matthias Vanhullebusch, The Arab League and Military Operations: Prospects and Challenges in Syria
- Graeme William Young, Conceptualizing Resistance in Post-Conflict Environments
- Laura Zanotti, Max Stephenson Jr & Marcy Schnitzer, Biopolitical and Disciplinary Peacebuilding: Sport, Reforming Bodies and Rebuilding Societies
Albers: Responsibility and Liability in the Context of Transboundary Movements of Hazardous Wastes by Sea
The term “hazardous wastes” covers a wide range of disused products and production wastes generated not only in industrial sectors, but also in all areas of everyday life. Hazardous wastes are to a large extent shipped by sea to third countries for recycling or disposal. While the procedural requirements for such movements are laid out in the 1989 Basel Convention, explicit rules of responsibility and liability for resulting damages are neither provided by the Basel Convention nor by other international conventions. The Liability Protocol to the Basel Convention of 1999 has not yet entered into force. This book examines the existing rules of responsibility and liability applying to States and private persons and outlines the conditions under which liability may be incurred. Subsequently, the advantages and shortcomings of the 1999 Liability Protocol are analyzed. Although this Protocol faces substantial political headwind, from a legal perspective it includes principally useful and reasonable approaches and should therefore be ratified.
- International Law and Its Methodology
- Gregory Shaffer, The New Legal Realist Approach to International Law
- Jakob V.H. Holtermann & Mikael Rask Madsen, European New Legal Realism and International Law: How to Make International Law Intelligible
- Andrew Lang, New Legal Realism, Empiricism, and Scientism: The Relative Objectivity of Law and Social Science
- Alexandra Huneeus, Human Rights between Jurisprudence and Social Science
- Daniel Bodansky, Legal Realism and its Discontents
- International Law and Practice
- Saïda El Boudouhi, The National Judge as an Ordinary Judge of International Law? Invocability of Treaty Law in National Courts
- Anuscheh Farahat, Enhancing Constitutional Justice by Using External References: The European Court of Human Rights’ Reasoning on the Protection against Expulsion
- Hague International Tribunals: International Criminal Courts and Tribunals
- Darryl Robinson, Inescapable Dyads: Why the International Criminal Court Cannot Win
- Alicia Gil Gil & Elena Maculan, Current Trends in the Definition of ‘Perpetrator’ by the International Criminal Court: From the Decision on the Confirmation of Charges in the Lubanga case to the Katanga judgment
- Volume 372
- Andreas Bucher, La compétence universelle civile
- Giuditta Cordero-Moss, Limitations on Party Autonomy in International Commercial Arbitration
- Mpazi Sinjela, Intellectual Property: Cross-Border Recognition of Rights and National Development
- Rudolf Dolzer, International Co-operation in Energy Affairs
- Patrick Keyzer, Vesselin Popovski & Charles Sampford, What is ‘Access to International Justice’ and What Does It Require?
- Dan Banik, Walking the Talk: Human Rights, Access to Justice and the Fight against Poverty
- Rahmat Mohamad, Access to International Justice: The Role of the International Criminal Court in Aiding National Prosecutions of International Crimes
- Mirinda O’Gorman & Charles Sampford, Aggression and Monetary Gold Quo Vadis?
- Ramesh Thakur, Drone Strikes and Human Rights: Balancing National Security, Individual Rights and International Justice
- Vesselin Popovski, Access to International Justice: Law and Practice of the European Court of Human Rights
- Edwin Bikundo, Access to Justice for Victims of the Use of Force in International Affairs: Individual Civil Responsibility for Aggression
- Susan Lamb, Access to Justice before International Criminal Tribunals: An Evaluation of the Scheme of Victim Participation adopted by the Extraordinary Chambers in the Courts of Cambodia (ECCC)
- Darren O’Donovan & Patrick Keyzer, ‘Visions of a Distant Millennium’? The Effectiveness of the UN Human Rights Petition System
- David P. Forsythe, The ICRC and Access to International Justice: A Carefully Considered Paradox
- Simon Chesterman, Convergence, Fragmentation and Sustainability in Access to International Justice
- Afshin Akhtarkhavari, Accessing Ecological Justice in the Anthropocene Epoch!
- Brendan Mackey & Nicole Rogers, Climate Justice and the Distribution of Rights to Emit Carbon
- Yasunobu Sato, Nuclear Power and Human Security: Lessons from the Fukushima Daiichi Nuclear Power Plant’s Accident
- Jeremy I. Levitt, Judge Gabrielle Kirk McDonald: a biographical note
- Gabrielle Kirk McDonald, Passing reflections on my journey for justice
- Carole Boyce-Davies, Writing black women into political leadership: reflection, trends and contradictions
- Adrien Wing, The international human rights of black women: justice or just us?
- Fatou Kiné Camara, Gender parity in the AU women's protocol
- Jeremy I. Levitt, Law, peace construction and women's rights in Africa: who will safeguard Abeena and Afia?
- Anna Spain, Black women and peacebuilding in international law
- Linda Greene, African American women on the world stage: the fourth world conference on women – Beijing
- Adjoa Aiyetoro, Black women and reparations movements
- Erika George, The work of African women to confront the challenge of climate change
- Judith Scully, Black women and reproductive health: a normative inquiry
- Karen Bravo, The nature of black female 'things' the nature of choice: a meditation on Saartjie Baartman and Truganini
- Eleanor Brown, The transactional costs of transnational sex workers: old regimes, new norms
The World Bank Group and the International Monetary Fund are under substantial pressure to accept more accountability under international human rights law. This publication sets out the standards by which these international financial institutions are bound under international human rights law as it currently stands. Human rights law is ‘living law’ and has changed over time, as have international financial institutions, despite their sometimes static approach to their own mandates. However, the World Bank Group and the International Monetary Fund are both starting to recognize more and more the relevance of human rights to the fulfilment of their respective mandates, even if they still maintain, be it to different degrees, that international human rights law is only partly applicable to them. This publication argues that this position is no longer tenable and that human rights law does in fact apply to both international financial institutions.
Monday, April 27, 2015
Ce livre vise à comprendre et à expliquer les difficultés des organisations internationales africaines dans le domaine du maintien de la paix. Sont analysées ici les difficultés de la CEDEAO (Communauté Economique des Etats d'Afrique de l'Ouest) dans la gestion de la crise ivoirienne en utilisant les interventions de cette même organisation au Libéra, en Sierra Leone et en Guinée-Bissau pour la comparaison à des fins d'apprentissage.
- David Hulme, Antonio Savoia & Kunal Sen, Governance as a Global Development Goal? Setting, Measuring and Monitoring the Post-2015 Development Agenda
- Gonzalo Escribano, Fragmented Energy Governance and the Provision of Global Public Goods
- Rasmus Karlsson & Jonathan Symons, Making Climate Leadership Meaningful: Energy Research as a Key to Global Decarbonisation
- Jane Lister, Green Shipping: Governing Sustainable Maritime Transport
- Dan Ciuriak, Beverly Lapham, Robert Wolfe, Terry Collins-Williams & John Curtis, Firms in International Trade: Trade Policy Implications of the New New Trade Theory
- Rebekka Friedman & Andrew Jillions, The Pitfalls and Politics of Holistic Justice
- Tendayi Bloom, The Business of Migration Control: Delegating Migration Control Functions to Private Actors
- Javier Solana, Interdependence and Responsibility
- Marcel Langenbach & Tarak Bach Baouab, The Triple Crisis: Why Humanitarian Organisations (and Others) Need to Do More for the Central African Republic
- Zsuzsanna Jakab & Richard Alderslade, Health 2020 – Achieving Health and Development in Today's Europe
- Benedict S. B. Chan, Animal Ethics, International Animal Protection and Confucianism
- Christian Schweiger, New Perspectives for the EU after the Financial Crisis
Volume I: The Law of the Sea addresses the major issues which arise in the law of the sea. It provides a detailed understanding of the historical development of the law of the sea; the role of the International Maritime Organization; the law surrounding maritime zones; the legal regime of islands; the international sea-bed area; the legal regime governing marine scientific research; the rights and obligations of land-locked and geographically disadvantaged states; the legal regime of Arctic and Antarctic; and the settlements of disputes. This volume also considers the ways in which human rights and the law of the sea interact.
It is now widely accepted that international human rights law applies in situations of armed conflict alongside international humanitarian law, but the contours and consequences of this development remain unclear. This book revisits, organizes and contextualizes the debate on human rights in armed conflict and explores the legal challenges, operational consequences and policy implications of resorting to human rights in situations of inter- and intra-state violence. It presents the benefits and the drawbacks of using international human rights law alongside humanitarian law and discusses how the idea, law and policy of human rights influence the development of the law of armed conflict. Based on legal theory, policy analysis, state practice and the work of human rights bodies it suggests a human rights-oriented reading of the law of armed conflict as feasible and necessary in response to the changing character of war.
- Madeleine Herren, Introduction: Towards a Global History of International Organization
- Sigrun Habermann-Box, From the League of Nations to the United Nations: The Continuing Preservation and Development of the Geneva Archives
- Kenichiro Hirano, Matsuoka Yosuke’s Miscalculation at Geneva: A Possible Reconsideration Using JACAR Data
- Toshiki Mogami, On the Concept of International Organization: Centralization, Hegemonism, and Constitutionalism
- Atsushi Shibasaki, Activities and Discourses on International Cultural Relations in Modern Japan: The Making of KBS (Kokusai Bunka Shinko Kai), 1934–1953
- Naomi Nagata, International Control of Epidemic Diseases from a Historical and Cultural Perspective
- Shin Kawashiman, Sino-Japanese Controversies Over the Textbook Problem and the League of Nations
- Tomoko Akami, Beyond Empires’ Science: Inter-Imperial Pacific Science Networks in the 1920s
- Guoqi Xu, Networking Through the Y: The Role of YMCA in China’s Search for New National Identity and Internationalization
- Craig N. Murphy, Global Governance: From Organizations to Networks or Not?
- Timothy D. Taylor, New Capitalism, UNESCO, and the Re-enchantment of Culture
- Bjarne Rogan, Popular Culture and International Cooperation in the 1930s
- Katja Naumann, Avenues and Confines of Globalizing the Past: UNESCO’s International Commission for a “Scientific and Cultural History of Mankind” (1952–1969)
Sunday, April 26, 2015
In the field of international law, three core crimes generally make up the jurisdiction of international criminal tribunals: war crimes; genocide; and crimes against humanity. Only two of these crimes (war crimes and genocide) are the subject of a global treaty that requires States to prevent and punish such conduct and to cooperate among themselves toward those ends. By contrast, there is no such treaty dedicated to preventing and punishing crimes against humanity.
Yet crimes against humanity may be more prevalent than either genocide or war crimes. Such crimes may occur in situations not involving armed conflict and do not require the special intent that is necessary for establishing genocide. Moreover, treaties focused on prevention, punishment, and inter-State cooperation exist for many far less egregious offences, such as corruption, bribery, or organized crime. While some treaties address offenses that under certain conditions might also constitute crimes against humanity, such as State-sponsored torture or enforced disappearance of persons, those treaties do not address crimes against humanity as such.
At its sixty-sixth session in 2014, the U.N. International Law Commission decided to place the topic “crimes against humanity” on its program of work and to appoint a Special Rapporteur. The purpose of this First Report of the Special Rapporteur is to address the potential benefits of developing draft articles that might serve as the basis of an international convention on crimes against humanity. Further, this report provides general background with respect to the emergence of the concept of crimes against humanity as an aspect of international law, its application by international courts and tribunals, and its incorporation in the national laws of some States. Ultimately, this report proposes two initial draft articles for such a convention: one on prevention and punishment of crimes against humanity and the other on the definition of such crimes.
- Special Issue: Dispute Settlement in International Organizations
- Christina L. Davis, The political logic of dispute settlement: Introduction to the special issue
- Áslaug Ásgeirsdóttir & Martin Steinwand, Dispute settlement mechanisms and maritime boundary settlements
- Chad P. Bown & Kara M. Reynolds, Trade flows and trade disputes
- Ryan Brutger & Julia C. Morse, Balancing law and politics: Judicial incentives in WTO dispute settlement
- Tana Johnson, Information revelation and structural supremacy: The World Trade Organization’s incorporation of environmental policy
- Krzysztof J. Pelc & Johannes Urpelainen, When do international economic agreements allow countries to pay to breach?
- Fouad Pervez, Waiting for election season