This is the first study to examine the awards made by the European Court of Human Rights in respect of non-pecuniary damage from an empirical perspective. It uses a multiple regression analysis based on data (929 cases) drawn from the Council of Europe’s Human Rights Documentation (HUDOC) database. By legal analysis we identified three elements of the “equity principle” used by the Court for the calculation of awards made in respect of non-pecuniary damage (seriousness of the violation, applicant- and overall context-related factors), which we used in our regression analysis. Our empirical results show that there is a statistically significant association between the amount awarded in respect of non-pecuniary damage and the intensity of the violation, the existence of a separate opinion, the respondent state and the fact whether the applicant is a legal or a natural person. Our study therefore contradicts the view voiced in the literature that awards made in respect of non-pecuniary damage under the ECHR are “unpredictable” and “inconsistent”.
Saturday, July 18, 2015
Call for Submissions - 2015
The Québec Journal of International Law (RQDI : Revue québécoise de droit international) is seeking to receive manuscripts for the preparation of its upcoming issues. Since inception, the journal’s mission is to report on research and practice in the international law field within the public, private and compared area, in French, English and Spanish. With this in mind, the journal publishes studies, notes and comments, and also some chronicles of case law having influenced the practice of international law in Quebec and reviews of books on international law.
The RQDI readership is made of academics, lawyers, legal practitioners and students from around the world. Law and public administration libraries as well as many Canadian, American and European universities, make up an important part of the institutional subscribers to the Journal. The RQDI is also a reference guide for companies, law firms and lawyers working in government agencies. In this perspective and in order to meet the international and diversified nature of the Journal, the RQDI encourages contributions from academics, practitioners, policy makers, researchers and students to submit manuscripts in line with its mission.
The manuscripts submitted to the RQDI are subject to an anonymous and rigorous scientific evaluation through a peer review. The Reading Committee with the assistance of the Editorial management team ensures the scientific quality of all manuscripts published by the Journal.
The articles submitted to the reading committee should count a maximum of 12 000 words, excluding footnotes. The manuscripts should be submitted under a ". Doc or. Docx" format using Microsoft Word. The Journal has taken up the writing protocol of the Canadian Guide to Uniform Legal Citation, 8th Edition, and complies with the rules of the legislative drafting style of the RQDI, published by LexisNexis. In addition, the submissions must include a 300 word abstract (max.)
Should you wish to submit a manuscript or contact our editorial board for further information, please send an email to email@example.com.
- Special Issue: Perpetratorhood
- Cathy J. Schlund-Vials & Samuel Martínez, Interrogating the perpetrator: violation, culpability and human rights
- Jean Scandlyn & Sarah Hautzinger, ‘Victim/volunteer’: heroes versus perpetrators and the weight of US service-members’ pasts in Iraq and Afghanistan
- Jordan Kiper, War propaganda, war crimes, and post-conflict justice in Serbia: an ethnographic account
- Kamari Maxine Clarke, Refiguring the perpetrator: culpability, history and international criminal law's impunity gap
- Michelle Caswell & Anne Gilliland, False promise and new hope: dead perpetrators, imagined documents and emergent archival evidence
- Susan Needham, Karen Quintiliani & Robert Lemkin, The space of sorrow: a historic video dialogue between survivors and perpetrators of the Cambodian killing fields
- Crystal Parikh, Perpetrating ourselves: reading human rights and responsibility otherwise
Friday, July 17, 2015
In order to critically examine the Security Council’s vision of women, peace and security, and its impact on feminist aspirations for peace, I track the fortunes of three of the components of permanent peace identified a hundred years ago by the Hague Congress: calls for the equal participation of women and men in conflict-related decision-making, universal disarmament, and the adoption of measures to prevent the many adverse effects of war on women, especially sexual violence. In conclusion, I argue for rejecting conceptions of peace that are framed solely or largely in terms of militarized security and, instead, for reviving all of the elements of the permanent peace imagined by the Hague Congress in 1915, and building on their traces that can be found in the UN Charter. Feminist peace advocates need to rework these elements in light of present day arrangements of power and contemporary feminist perspectives informed by queer, indigenous, and postcolonial politics, and think again about the wisdom of looking to the Security Council as a vehicle for promoting permanent peace.
- Stavros Gadinis, Three Pathways to Global Standards: Private, Regulator, and Ministry Networks
- In Memoriam
- Lord Collins of Mapesbury, Andreas (Andy) Lowenfeld (1930–2014)
- Current Developments
- Thomas D. Grant, Annexation of Crimea
- Lorand Bartels, The Chapeau of the General Exceptions in the WTO GATT and GATS Agreements: A Reconstruction
- Sean D. Murphy, The Expulsion of Aliens (Revisited) and Other Topics: The Sixty-Sixth Session of the International Law Commission
- International Decisions
- D. H. Anderson, Bay of Bengal Maritime Boundary (Bangladesh v. India)
- Gregory Shaffer & David Pabian, European Communities—Measures Prohibiting the Importation and Marketing of Seal Products
- Anne-Marie Carstens, Technische Universität Darmstadt v. Eugen Ulmer KG
- Bjorn Arp, Georgia v. Russia (I)
- Contemporary Practice of the United States Relating to International Law
- Kristina Daugirdas & Julian Davis Mortenson, Contemporary Practice of the United States Relating to International Law
- Recent Books on International Law
- David P. Stewart, The Norms and Challenges of International Criminal Law, reviewing Treatise on International Criminal Law: Volume I: Foundations and General Part, by Kai Ambos; and Treatise on International Criminal Law: Volume II: The Crimes and Sentencing, by Kai Ambos
- Rosalyn Higgins, reviewing A Scrap of Paper: Breaking and Making International Law During the Great War, by Isabel V. Hull
- Dinah Shelton, reviewing The Twilight of Human Rights Law, by Eric A. Posner
- Roger Alford, reviewing Litigating War: Mass Civil Injury and the Eritrea-Ethiopia Claims Commission, by Sean D. Murphy, Won Kidane, and Thomas R. Snider
- Jason Yackee, reviewing Rethinking Sovereign Debt: Politics, Reputation, and Legitimacy in Modern Finance, by Odette Lienau
- Margaret L. Moses, reviewing New York Convention: Convention on the Recognition and Enforcement of Foreign Arbitral Awards of 10 June 1958; Commentary, edited by Reinmar Wolff
- Chiara Giorgetti, reviewing The International Court of Justice, by Robert Kolb
- Rhoda E. Howard-Hassmann, Introduction: The Human Right to Citizenship
- David Weissbrodt, Human Rights of Noncitizens
- Kristy A. Belton, Statelessness: A Matter of Human Rights
- Michal Baer, The Palestinian People: Ambiguities of Citizenship
- Nassir Uddin, State of Stateless People: The Plight of Rohingya Refugees in Bangladesh
- Carolina Moulin, Mobilizing Against Statelessness: The Case of Brazilian Emigrant Communities
- Chidi Anselm Odinkalu, Natives, Subjects, and Wannabes: Internal Citizenship Problems in Postcolonial Nigeria
- Sujata Ramachandran, Capricious Citizenship: Identity, Identification, and Banglo-Indians
- Jacqueline Bhabha & Margareta Matache, Are Children’s Rights to Citizenship Slippery or Slimy?
- Helen O’Nions, How Citizenship Laws Leave the Roma in Europe’s Hinterland
- Nancy Hiemstra & Alison Mountz, Slippery Slopes into Illegality and the Erosion of Citizenship in the United States
- Janet McLaughlin & Jenna Hennebry, Managed into the Margins: Examining Citizenship and Human Rights of Migrant Workers in Canada
- Thomas Faist, Shapeshifting Citizenship in Germany: Expansion, Erosion, and Extension
- Kim Rygiel & Margaret Walton-Roberts, Multiple Citizenships and Slippery Statecraft
- Audrey Macklin, Sticky Citizenship
- Margaret Walton-Roberts, Slippery Citizenship and Retrenching Rights
Thursday, July 16, 2015
The Department of State is pleased to announce the release of the 2014 Digest of United States Practice in International Law, covering developments during calendar year 2014. The Digest provides the public with a record of the views and practice of the Government of the United States in public and private international law. The official edition of the 2014 Digest is available exclusively on the State Department’s website. Past Digests covering 1989 through 2013 are also available on the State Department’s website. The Digest is edited by the Office of the Legal Adviser.
- Thomas D. Grant, International Dispute Settlement in Response to an Unlawful Seizure of Territory: Three Mechanisms
- Alon Cohen & Raphael Bitton, The Threshold Requirement in Asymmetric Conflicts: A Game Theory Analysis
- Andrew I. Schoenholtz, The New Refugees and the Old Theory: Persecutors and Persecuted in the Twenty-First Century
- Euguene Kontorovich, Resolution 242 Revisited: New Evidence on the Required Scope of Israeli Withdrawal
- Special Issue: Militias in Civil Wars
- Corinna Jentzsch, Stathis N. Kalyvas & Livia Isabella Schubiger, Militias in Civil Wars
- Paul Staniland, Militias, Ideology, and the State
- Ben Oppenheim, Abbey Steele, Juan F. Vargas, & Michael Weintraub, True Believers, Deserters, and Traitors: Who Leaves Insurgent Groups and Why
- Jonathan Filip Forney, Who Can We Trust with a Gun? Information Networks and Adverse Selection in Militia Recruitment
- Sabine C. Carey, Michael P. Colaresi, & Neil J. Mitchell, Governments, Informal Links to Militias, and Accountability
- Dara Kay Cohen & Ragnhild Nordås, Do States Delegate Shameful Violence to Militias? Patterns of Sexual Violence in Recent Armed Conflicts
- Jessica A. Stanton, Regulating Militias: Governments, Militias, and Civilian Targeting in Civil War
- Kristine Eck, Repression by Proxy: How Military Purges and Insurgency Impact the Delegation of Coercion
- Sven Peterke, Math Noortmann, Transnationale kriminelle Organisationen im Völkerrecht: Mehr als Outlaws?
- Frank Hoffmeister, Wider die German Angst – Ein Plädoyer für die transatlantische Handels- und Investitionspartnerschaft (TTIP)
- Steffen Hindelang, Repellent Forces: The CJEU and Investor-State Dispute Settlement
- Beiträge und Berichte
- Felix Würkert, Historische Immunität?
- Kai Schadtle, Das völkerrechtliche Verbot des Einsatzes chemischer Waffen im Bürgerkrieg: Der Syrienkonflikt als Fallstudie
ASEAN as an Actor in International Fora addresses a blind spot in ASEAN research and in comparative regionalism studies by assessing why, how, when and to what extent ASEAN member governments achieve a collective presence in global fora. Written for academic researchers and practitioners working in areas such as international relations, political science and international law, it examines ASEAN's negotiating behavior with a novel four-point cohesion typology. The authors argue that ASEAN's 'cognitive prior' and its repository of cooperation norms have affected ASEAN's negotiation capacities, formats, strategies and cohesion in international fora. Using two case studies - one on ASEAN's cohesion in the WTO agricultural negotiations and one on UN negotiations on forced labor in Myanmar - they examine ASEAN's collective actions at different stages of negotiation, in different issue areas and in different negotiating fora. The book concludes by providing recommendations for strengthening ASEAN's international negotiation capacities.
Wednesday, July 15, 2015
This short paper on Zivotofsky v. Kerry gives an overview of the case and analyzes its significance for international law in constitutional interpretation and for the Supreme Court’s “normalization” of foreign relations law.
In terms of the overall significance of the case, it is a bonanza of foreign relations issues and doctrine: the executive Vesting Clause, the President as the “sole organ” of the nation, the need for the nation to speak with “one voice,” Curtiss-Wright, Youngstown, diplomatic history and practice, the Republic of Texas, secrecy and dispatch, Citizen Genet, the Spanish-American war, international law in constitutional interpretation, formalism and functionalism, the list goes on and on! Although the actual impact of the case on the outcome of inter-branch disputes remains to be seen, the case will be cited and debated in so many areas of foreign relations law that it is destined to become a classic in the field.
The case also provides strong support for the use of international law in constitutional interpretation. All of the Justices write or join opinions which rely on modern international law to define “recognition,” a category of conduct which now has great constitutional significance because the Court holds that the President’s power over it is exclusive. With the exception of Justice Thomas, the Justices rely on contemporary international law to define the scope of recognition without providing a methodological reason for doing so, and often without tracing or linking contemporary international law back to 18th international law.
As for the normalization of foreign relations law – a trend recently identified and explored at length by Ganesh Sitaraman and myself -- the case is a decidedly mixed bag. Contrary to the normalization trend, the case holds for the government and it also favorably cites some exceptionalist cases. On the other hand, the case is ultimately decided on quite narrow reasoning, the famous Curtiss-Wright dicta is roundly criticized, and much of the Court’s functional reasoning is narrowly tailored to the context of recognition.
- Metal-Tech Ltd. v. Republic of Uzbekistan (ICSID), with introductory note by Djurdja Lazic and Charbel Moarbes
- Agreement Between the North Atlantic Treaty Organization and the Islamic Republic of Afghanistan on the Status of NATO Forces and NATO Personnel Conducting Mutually Agreed NATO-led Activities in Afghanistan & Security and Defense Cooperation Agreement Between the United States of America and the Islamic Republic of Afghanistan, with introductory note by Peter M. Olson
- Report on the Protection of Civilians in the Non International Armed Conflict in Iraq: 5 June – 5 July 2014; Human Rights Council Resolution S-22/1; & Security Council Resolutions 2170, 2178, with introductory note by Jonathan P. Worboys
- Memorandum of Understanding Between the Government of the Kingdom of Cambodia and the Government of Australia, Relating to the Settlement of Refugees in Cambodia & UNHCR Response to Australia-Cambodia Agreement on Refugee Relocation, with introductory note by Ryan Harrington
Tuesday, July 14, 2015
In this groundbreaking study, Christopher Warren argues that early modern literary genres were deeply tied to debates about global legal order and that todayâs international law owes many of its most basic suppositions to early modern literary culture. Literature and the Law of Nations shows how the separation of scholarship on law from scholarship on literature has limited the understanding of international law on both sides. Warren suggests that both literary and legal scholars have tacitly accepted tendentious but politically consequential assumptions about whether international law is "real" law. Literature and the Law of Nations recognizes the specific nature of early modern international law by showing how major writers of the English Renaissance—including Shakespeare, Milton, and Hobbes—deployed genres like epic, tragedy, comedy, tragicomedy, and history to shore up the canonical subjects and objects of modern international law. Warren demonstrates how Renaissance literary genres informed modern categories like public international law, private international law, international legal personality, and human rights. Students and scholars of Renaissance literature, intellectual history, the history of international law, and the history of political thought will find in Literature and the Law of Nations a rich interdisciplinary argument that challenges the usual accounts by charting a new literary history of international law.
- Giuliana Ziccardi Capaldo, 'Tutelary' Intervention to Counter the New Unlawful Territorial Situations: A Tertium Genus of Collective Force Under International Law?
- Lea Brilmayer & Tian Huang, The Illogic of Cultural Relativism in Global Human Rights Debate
- Richard W. Mansbach, The Limits of Globalization and Global Governance in Producing Global Community
- Notes and Comments
- Anja Matwijkiw & Bronik Matwijkiw, February 14, 2014: The Three-Year Anniversary. Bahrain and the Precarious Diplomacy of Responsibility-Ascriptions: Values and Philosophical Aspects of Interpretation
- Ilja Richard Pavone, The Crisis of the “Responsibility to Protect” Doctrine in the Light of the Syrian Civil War
- In Focus: Global Policies and Law
- Peter Hough, Defending Nature: The Evolution of the International Legal Restriction of Military Ecocide
- Robert Kolb, Crimes contre l’humanité
- Francesco Seatzu, Economic Integration in the Caribbean Region: Re-Discussing the Capacity of the CARICOM
- Forum - Jurisprudential Cross-Fertilization: An Annual Overview
- Geoffrey S. Corn, Ensuring Experience Remains the Life of the Law: Incorporating Military Realities into the Process of War Crimes Accountability
- Antonio Augusto Cançado Trindade, Contemporary International Tribunals: Their Jurisprudential Cross-Fertilization Pertaining to Human Rights Protection
- Oreste Pollicino & Marco Bassini, The Luxembourg Sense of the Internet: Towards a Right to Digital Privacy?
- Yoshifumi Tanaka, Juridical Insights into the Protection of Community Interests through Provisional Measures: Reflections on the ITLOS Jurisprudence
Monday, July 13, 2015
Like most other types of human activity, international legal practice relies heavily on deadlines. Yet deadlines have received very little attention in international legal scholarship. This is the case even though deadlines are heavily studied in other contexts, with research finding that people tend to set and respond to deadlines in ways consistent with bounded rather than perfect rationality. This book chapter takes up the topic of deadlines in international legal practice and makes four contributions. First, using the Chemical Weapons Convention as a case study, it explores various ways in which deadlines are used in international legal practice and highlights just how pervasive they can be. Second, it reviews some behavioral research on deadlines in other contexts and demonstrates that these findings have intriguing parallels with how the Convention’s deadlines have functioned in practice. Third, it assesses the evidence available for evaluating the relevance of domestic research to international affairs in relation to deadlines. The chapter argues that, even though this evidence is currently limited, legal actors would do well to factor this research into their decision-making about how to structure and respond to deadlines. Finally, the chapter considers the extent to which these issues are common to both diplomacy and international law.
- Susan D. Franck, James Freda, Kellen Lavin, Tobias A. Lehmann, & Anne van Aaken, The Diversity Challenge: Exploring the 'Invisible College' of International Arbitration
- Alexandra H. Perina, Black Holes and Open Secrets: The Impact of Covert Action on International Law
- Eugene Kontorovich, Economic Dealings with Occupied Territories
- Dapo Akande & Lawrence Hill-Cawthorne, The Lieber Code and the Regulation of Civil War in International Law
- Geneviève Nootens, Constituent power and people-as-the-governed: About the ‘invisible’ people of political and legal theory
- Paul P. Linden-Retek, Cosmopolitan law and time: Toward a theory of constitutionalism and solidarity in transition
- Matthias Klatt, Balancing competences: How institutional cosmopolitanism can manage jurisdictional conflicts
- Rupert Elderkin, The impact of international criminal law and the ICC on national constitutional arrangements
- Yann Allard-Tremblay, Human rights, specification and communities of inquiry
- Virginia Page Fortna, Do Terrorists Win? Rebels' Use of Terrorism and Civil War Outcomes
- Patrick J. McDonald, Great Powers, Hierarchy, and Endogenous Regimes: Rethinking the Domestic Causes of Peace
- Robert Powell, Nuclear Brinkmanship, Limited War, and Military Power
- Sarah Blodgett Bermeo & David Leblang, Migration and Foreign Aid
- Jonathan Renshon, Losing Face and Sinking Costs: Experimental Evidence on the Judgment of Political and Military Leaders
- Eric Grynaviski & Amy Hsieh, Hierarchy and Judicial Institutions: Arbitration and Ideology in the Hellenistic World
- Research Notes
- Ryan D. Griffiths, Between Dissolution and Blood: How Administrative Lines and Categories Shape Secessionist Outcomes
- Review Essay
- Rose McDermott, Sex and Death: Gender Differences in Aggression and Motivations for Violence
Kuijper, Mathis, & Morris-Sherman: From Treaty-Making to Treaty-Breaking: Models for ASEAN External Trade Agreements
From Treaty-Making to Treaty-Breaking is the first high-level analysis of ASEAN's external trade agreements with non-ASEAN states. It clearly sets out the intended, and unintended, consequences of ASEAN's prevailing method of treaty making, with suggested guidelines for the future. The book begins by asking whether ASEAN trade agreements follow worldwide trends in the substantive content of such agreements. It raises questions such as: to what extent is it possible to continue concluding trade agreements through individual member states?; what are the legal consequences - from negotiation and conclusion (treaty-making) through to possible breach of the agreements (treaty-breaking)?; should ASEAN resort to mixed treaty-making? This study does not seek to give a definitive answer to these questions, rather it opens up the topic to readers by suggesting different possible models for ASEAN trade agreements. This thought-provoking book will appeal to anyone interested in trade negotiations and trade agreements, particularly in Asia.
Sunday, July 12, 2015
- Noemi Gal-Or, Africa’s Response to R2P
- Daisuke Madokoro, How the United Nations Secretary-General Promotes International Norms
- Cecilia Jacob, State Responsibility and Prevention in the Responsibility to Protect
- Kimberly Nackers, Framing the Responsibility to Protect